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Home My WebLink AboutTB Minutes 2005-07-11 Regular Meeting of the Ithaca Town Board Monday, July 11 , 2005 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature - Kathy Herrera 4 . Report of Common Council — Robin Korherr 5 . Report of Fire Commissioners 6 . 6 : 00 p . m . - Persons to be Heard and Board Comments 7 . 6 : 15 p . m . — Presentation by the Learning Web 8 . Discussion of 2006 Budget Process 9 . Consider Creation of Town Board Budget Committee 10 . Consider Approval of 2006 Wage Scale 11 , Acknowledge Receipt of Independent Auditor' s Report 12 . Update on Transportation Focused GEIS Initiated by the Town of Ithaca and Cornell University 13 . Consider Appointment of Alternate Zoning Board of Appeals Member 14 , Accept Letter of Retirement - Director of Building and Zoning 15 . a . Consider Consenting to the formation of the Ellis Hollow Housing Development Fund Corporation b . Consider Approval of Pilot Agreement with Ellis Hollow Housing Development Fund Corporation 16 . Consider Setting a Public Hearing to Consider a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones 17 , Consider Setting Public Hearing to Consider a Local Law Amending the Vehicle and Traffic Chapter of the Town of Ithaca Code Regarding Parking on Penny Lane 18 . Consider Speed Limit Reduction request for Penny Lane 19 . Accept Resignation of Fire Commissioner 20 . Consider Appointment of Fire Commissioner 21 . Consent Agenda a . Town Board Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract 22 . Report of Town Committees a . Agriculture Committee b . Agricultural Land Preservation Advisory Committee c . Board Policy and Protocol Committee d . Capital Projects and Fiscal Planning Committee e . Cass Park Facilities Intermunicipal Committee f. Cayuga Lake Watershed Intermunicipal Organization g . Codes and Ordinances Committee h . Dog Park Committee i . Intermunicipal Trail Committee j . Lake Source Data Sharing Committee k . Pegasus Oversight Committee I . Personnel Committee m . Public Works Committee n . Recreation and Human Service Committee o . Recreation Partnership p . Records Management Advisory Board q . Safety Committee r. Sewer Joint Committee s . Sewer Contract Committee t. Southern Cayuga Lake Intermunicipal Water Commission u . Transportation Committee 23 . Report of Town Officials a . Town Clerk b . Highway Superintendent c . Director of Engineering d . Director of Planning e . Director of Building and Zoning f. Budget Officer g . Manager of Human Resources h . Network/Records Specialist i . Recreation and Youth Coordinator j . Receiver of Taxes i k . Attorney for the Town 24 . Review of Correspondence a . 5/5/05 letter from Kathryn Stevens re access road for the Society of Friends b . 5/32/05 letter from DEC re wastewater treatment infrastructure c . 6/ 10/05 letter from NYS Office for Technology re environmental review of statewide wireless network d . 6/17/05 email from J . Scott Newton re Eastern Heights Park e . 6/21 letter from Senator Winner acknowledging resolution in support of Community Preservation Fund Act f. 6/21 /05 Letter re land acquisition for Buttermilk Falls State Park g . 6/22/05 letter from Richard deVito re Remington Inn project termination notice h . 6/27/05 letter from the Racker Centers i . 6/28/05 email from J . Scott Newton re Easter Heights Park j . SPCA monthly report k . Invitation to Congregation Tikkun v' Or Dedication Ceremony I . 7/6/05 email from J . Scott Newton re Eastern Heights Park 25 . Consider Adjournment July 11 , 2005 Town Board Meeting Approved August 1, 2005 Regular Meeting of the Ithaca Town Board Monday, July 11 , 2005 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 THOSE PRESENT : Supervisor Valentino , Councilman Lesser, Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; John Barney , Attorney for the Town ; Dan Walker; Director of Engineering ; Fred Noteboom , Highway Superintendent; Jon Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager EXCUSED : Councilwoman Grigorov OTHERS PRESENT : John Barney , Attorney for the Town ; Patricia Leary , 316 Highland Road , Ithaca ; .Kathy Luz Herrera , 116 Utica Street , Ithaca ; Kathryn Stevens , 18 Penny Lane , Ithaca ; Paul Chamandy , 100 Penny Lane , Ithaca ; Vincent Perna , 104 Penny Lane , Ithaca ; Emily Kabanek , 209 Columbia , Ithaca ; Jean Ballard , 107 Penny Lane , Ithaca ; Bernie DePalma , 117 Penny Lane , Ithaca ; Tom Bonn , 110 Penny Lane , Ithaca ; Susan Sturnon Jennings , Conifer Realty; Carol Oster, Conifer Realty ; Stacey Crawford , Better Housing for Tompkins County Call to Order Supervisor Valentino called to 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 Kathy Herrera appeared before the Board on behalf of the Tompkins County Legislature and reported as follows : On June 21 the Legislature decided to go for a zero increase in the County property tax levy . Because of this County funded departments and agencies will be directed to hold 2006 local spending at 2005 levels . In addition , departments and agencies have to subtract from their budgets any one-time local funding and any rollover funding that was approved last year. Departments won 't have to absorb the cost of any increases in salary and fringe benefit costs which will be covered by the County's general fund . The Legislature approved the TC3 budget . Barbara Blanchard and Martha Robertson voted against it. The total operating budget was $2 , 176 , 785 . Tompkins and Cortland County divide the local sponsor cost according to the number of students from each county that attend the school . The Legislature approved a cash payment of $620 , 000 to TC3 for capital improvements . Because of their cash flow situation , the Legislature approved the payment now because State funding will not be released until next spring and the college asked for a portion of the local funds to be released early so that work can start this year. 1 July 11 , 2005 Town Board Meeting Approved August I, 2005 The County hired a new Highway Manager, William Scesni . He most recently worked in Broome County , from 1997 through 2004 . His formal training is in civil engineering and transportation systems planning . He will begin work at the County Highway Department on July 22 . At the Legislature's July 5th meeting they unanimously adopted a diversity statement. It is part of the County' s ongoing efforts to increase diversity and inclusion among the County government' s workforce . At the July 5th meeting the Legislature approved rollover funds for 15 departments by a 13 to 1 vote . Dick Booth was opposed , and one legislator was absent. These were department funds that were unspent in the previous year' s budget . The departments had requested to be able to use the rollover funds for various items including computer equipment , vehicles , training , wages , and replacement of body armor for sheriff' s deputies . The Legislature set the County fringe benefit rate at 39 % . The fringe rate has increased over the past several years , not due to increases in benefits , but due to increases in the cost of benefits . They had a split vote (7 to 7 so the motion failed ) on credit union deposits . It was not so much for County deposits , but to encourage the State legislature to support being able to put municipal funds in credit unions and savings and loans . The County is looking at a combined public works and planning commissioner; considering merging the two jobs into one . It would require a change in the charter and the pu7blic hearing for the charter change is set for 5 : 30 p . m . July 19 , 2005 , The Legislature reconsidered a library contingency funding request of $26 , 000 that was passed by an 8 to 6 vote . The legislature approved this request for replacement of outdated computers , a microphone reader, and a book check in system . Ms . Herrera provided the Town Clerk with a copy of the Planning Committee meeting minutes . Ms . Herrera asked for questions from the Board . Mr. Lesser asked if there had been any consideration of how to treat the tobacco settlement monies ; whether they will be taken early or accepted as distributed . Ms . Herrara thought it would be discussed at the budget committee meeting taking place on July 12 . Ms . Herrara invited information and opinions from any interested board member. Ms . Herrera stated she was very interested in and glad that the Town of Ithaca and Cornell University are working together on transportation issues . She looks forward to a positive outcome from those efforts . Agenda Item No . 4 — Report of Common Council 2 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Robin Korherr appeared before the Board on behalf of Common Council and reported as follows : The City held a public hearing and considered several resolutions relating to density on the Commons in an attempt to standardize building heights . The public hearing was to consider adoption of an ordinance to amend the code to add a minimum building height of two-stories in a section between the Old City Hall Annex and South Aurora Street Bridge ; and add parking garages as a permitted primary use in B2 zones . Council sent the item back to committee . There was a general concern that parking garages would pop up all over the place . An amendment to change the building height on certain tax parcels from 60 to 85 feet came before Common Council and passed . Common Council voted on several bond resolutions . One was due to increased costs of land acquisition and design for phase II of the Cayuga Green project . The other was to fund improvements in the Ithaca Area Wastewater Treatment Plant. These expenditures had been budgeted ; the resolutions before Common Council were simply bond resolutions . Unlike the County , Common Council voted to support depositing municipal funds in credit unions and thrift institutions such as savings and loans . The feeling being it would be a good idea to use Alternatives Credit Union , as an example , not just standard financial institutions . Common Council heard committee recommendations from David Henderson , chair of the Pedestrian Awareness Committee . The committee has worked diligently for the past six months and come up with a list of recommendations . The recommendations will be going to the Community Services Committee at their August meeting to break the list into action items . On behalf of the City, Ms . Korherr thanked the Town Board for partnering with them in funding the Cass Park facilities . Supervisor Valentino told Ms . Korherr that residents of the Town concerned about people accessing "second damn " via the City' s Penny Lane right-of-way would be appearing before the board later in the meeting . Ms . Valentino felt it would take a united effort on the part of the Town and the City to address the situation . Agenda Item No . 5 — Report of Fire Commissi g oner (Attachment #1 — written report) Bob Romanowski appeared before the Board with the Commission ' s monthly report. He told the Board that current Commission Chair Greg Kirkpatrick was resigning to take a job elsewhere . Mr. Romanowski recruited Mr. William Gilligan to fill the seat on the Commission and recommended Mr. Gilligan highly . Mr. Romanowski , just recently resigned as Chair of the Commission , is being called back to serve as chair following Mr. Kirkpatrick' s resignation . Mr. Romanowski read his written report to the Board . 3 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Mr. Lesser asked if they could set some time aside at a future board meeting to have a more in -depth discussion about fire service , Town fire protection tax rates , and Town contributions . Supervisor Valentino thought it might be a good idea to have Fire Chief Wilbur come to an upcoming Board meeting . Supervisor Valentino added that the Town Board only makes a recommendation of a Fire Commissioner, the final decision on commissioners is in the hands of Common Council . Agenda Item No . 19 — Accept Resignation of Fire Commissioner (Attachment #2 — letter of resignation from Greg Kirkpatrick) Councilman Stein asked for an explanation of the responsibilities of a fire commissioner. Mr. Romanowski responded stating the fire commissioner, by City charter and by the terms of the Fire Contract , has charge of apparatus , personnel , and disbursement of funds , discussion and promulgation of directives regarding the running of the fire department. It is on financial matters that the commission has the most input. The Fire Chief is in charge of the day-to-day operation of the Fire Department. TB RESOLUTION NO . 2005-096 : Acceptance of Resignation of Greg Kirkpatrick, Board of Fire Commissioners WHEREAS , Greg Kirkpatrick , Town of Ithaca representative on the Ithaca Board of Fire Commissioners , has turned in his Letter of Resignation since he no longer meets the requirement of being an elector of the Town of Ithaca ; now, therefore , be it RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the resignation of Greg Kirkpatrick from the Board of Fire Commissioners , effective July 11 , 2005 . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 20 — Consider Appointment of Fire Commissioner (Attachment # 3 — 6/25/2005 etter of interest from Bill Gilligan ) TB RESOLUTION NO . 2005 - 097 : Recommendation of Appointment to Board of Fire Commissioners . WHEREAS , Greg Kirkpatrick resigned from the Ithaca Board of Fire Commissioners as a Town of Ithaca representative effective July 11 , 2005 ; and WHEREAS , William Gilligan wishes to be appointed to the said position ; and 4 July 11 , 2005 Town Board Meeting Approved August 1, 2005 WHEREAS , the appointment to the said position is made by the City of Ithaca Common Council based upon a resolution recommending appointment by the Town of Ithaca Town Board ; now, therefore , be it RESOLVED , that the governing Town Board hereby requests and recommends that the City of Ithaca. Common Council appoint William Gilligan as a Town of Ithaca representative on the Board of Fire Commissioners for a three-year term commencing July 11 , 2005 through June 30 , 2008 . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No. 67 — Persons to be Heard and Board Comments Kathryn Stevens , 18 Penny Lane Ms . Stevens appeared before the Board to support a public hearing regarding parking on Penny Lane and ask for a speed limit reduction on Penny Lane . Ms . Stevens told the Board she lives on Penny Lane and is aware that there is regular speeding that goes on up and down the road . She lives on the other end of Penny Lane from the people who submitted a petition to the Town . She asked that whatever the Town Board decided to do , the action is uniform for the whole street. Ms . Steven reported that there is also gorge access on her side of the street , through private property . Ms . Stevens told the Board she had personally challenged people who insist that they are entitled to trespass . Paul Chamandy, 100 Penny Lane My Chamandy told the Board he has lived at 100 Penny Lane for 18 years . Mr. Chamandy reported that every weekend there are people coming to Penny Lane , parking on the street , littering , and referred to the residents' the petition ( included in the Board ' s correspondence for the June meeting ) for a list of problems . Mr. Chamandy reported that the people who come to Penny Lane to access the gorge have no concern for the law. They speed up and down the street. If he does not catch them , people park with their cars facing in the wrong direction . They turn around in people ' s driveways and across people's lawns . Mr. Chamandy stated that when people drive across the lawn that he takes very good care of, he defends it . Mr. Chamandy has been threatened , he' s had his house egged , he' s had people screaming obscenities , he' s had to tell people not to get undressed in the middle of his street , he' s told people not to swear. Mr. Chamandy said the situation has gotten totally out of hand . Mr. Chamandy asked that the Board limit parking on Penny Lane to residents only. Mr. Chamandy offered to collect information from other municipalities that similarly limit parking . 5 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Mr. Barney asked Mr. Chamandy if the Town were unable to limit parking to residents only , would Mr. Chamandy want a complete ban on parking . Mr. Chamandy felt that would not be fair to the people who live on Penny Lane . Vincent Perna , 104 Penny Lane Mr. Perna appeared before the Board to report on problems on Penny Lane . He told the Board that people set off fireworks in the gorge and expressed concern about the possibility of a fire . Mr. Perna further reported that people litter and leave behind all manner of personal items and belongings . Mr. Perna described the situation as unruly and stated the residents were looking for some way to assuage the problem . American Cancer Society's Relav for Life Mr. Frost and Dan Tier reported on the American Cancer Society' s Relay for Life . They felt the event went well reporting that only during the change from live to recorded music did the noise level spike . Otherwise the event did not violate the decibel level required by the Town ' s noise ordinance . Mr. Frost expressed concern over the use of the term " reasonable" in the Town ' s noise ordinance . He felt it would be hard to define what's a " reasonable person with normal senses" . Mr. Engman reported visiting the area between midnight and 1 : 20 a . m . He told the Board he did not hear much of anything except shouting and screeching of some of the kids as they were having fun . He noticed a spike in the music level at 1 : 00 . The only thing he thought might have been disturbing to people were the yells and the screeching from the crowd . He stated he 'd spoken to Marilyn Edid the morning after the event who told him she was perfectly satisfied . In Mr. Engman ' s mind the organizers did a very good job of controlling the amplified noise . Mr. Engman wanted to send a letter to the organizers acknowledging their good handling of the event and suggesting they come in a bit earlier next year to apply for their permit . Mr. Stein reported having visited the neighborhood during the night time hours and did not perceive any disturbing noise . Mr. Burbank also visited the event and found the noise level reasonable . He noted that the small speakers around the track were facing toward the Renwick Heights neighborhood . Mr. Tier stated that they were so facing so that wires would not be run across the track and that later in the event they were all repositioned to face the lake . Councilman Lesser asked that a letter be sent to the organizers thanking them for their efforts to control the noise . Supervisor Valentino asked Mr. Frost to write up a report on the event . Remington Inn — Termination of Project Application Councilman Lesser noted that the Remington Inn project on East Shore Drive has been abandoned commenting that many people felt the project was overreaching for the site . He 6 July 11 , 2005 Town Board Meeting Approved August 1, 2005 wondered if this might open another opportunity for the Town to again discuss with Cornell the possibility of the Town acquiring some additional land from the site . As evidenced by the problems on Penny Lane many people have very limited access to the area' s wonderful water resources . Mr. Lesser felt providing additional access to the water should be put as a very high Town priority . Correspondence Councilman Stein asked if he was receiving copies of all letters sent to the Town either complaining of or praising services the Town delivers . He was told he was getting all correspondence addressed to the Board , but not all correspondence coming in to individual staff members or the Supervisor. Mr. Stein reported that his communication with Town citizens is practically nil ; he ' s been on the board for about a year and a half and has had only 3 or 4 telephone calls from residents . He finds that disappointing and feels it' s part of his responsibility to hear what people are saying about the services that we supply or don 't supply. He would like a mechanism for making sure the Town Board members see every letter that comes in that , he did not know quite how to express it but felt the Board knew what he was expressing , the kind of thing that a person has a complaint or a person wants to give the Town praise for providing something . Mr. Barney asked if Mr. Stein wanted notices of claims . After being told what they were , Mr. Stein stated he would like to receive copies . In response to questions asking which documents and how he' d like to receive them , Councilman Stein allowed as how the more the merrier and stated if he found he was receiving things he did not need to see he would revise his request. Board Room Woodwork Addition Councilwoman Gittelman commended Joe Hulbert on his workmanship in building the wood fagade for the boardroom table . Board members agreed it was a beautiful piece of work . Persons to be Heard (continued ) Penny Lane Jean Ballard , 107 Penny Lane Ms . Ballard appeared before the Board to support the sentiments expressed by Mr. Chamandy stating she felt as though she were living in the middle of an amusement park . She told the Board she would not buy a house on Penny Lane had she known this went on . It is disturbing to her to know that people are coming from Elmira and Binghamton because they've heard it' s a great spot . She reported that people race their cars on the street. Bernard DePalma , 117 Penny Lane Mr. DePalma appeared before the Board to express concern about Penny Lane . He told the Board he has children and is concerned by the behavior of the high school and college kids that come on the street and its impact on his children . His main concern was the possibility of someone getting hit by a car, especially when people come to the end of the street and then reverse at speeds faster than they go forward . Mr. DePalma recommended speed 7 July 11 , 2005 Town Board Meeting Approved August 1, 2005 bumps stating that speed limit signs would not be enough . Mr. DePalma told the Board that somebody needed to remove the sign at the reservoir directing people to Penny Lane . If the Town does not remove it Mr. DePalma stated he might . Supervisor Valentino told him it was a City sign on City property. Supervisor Valentino stated what needed to happen was a coordinated effort with the City because the reservoir and the land all belong to the City and they do have a right-of-way . Supervisor Valentino closed discussion , inviting residents to stay for discussion later in the meeting . Agenda Item No . 7 — Presentation by the Learning Web (Attachment #4 — Learning Web Program Overview) Sally Schwartz appeared before the Board on behalf of the Learning Web . She engaged the Board in an interactive presentation to give both a flavor and an understanding of their programs which are aimed at giving youth positive options . The presenters distributed and reviewed materials with the Board detailing the programs and the youth served (attached ) . Councilman Lesser asked how the 130 youth participants are selected . Ms . Schwartz told him through the schools and word of mouth . Mr. Lesser asked if they were able to accommodate all the youth who expressed an interest in the program , whether directly or indirectly. Ms . Schwartz told him that youth who have expressed interest are sent a permission slip . For apprenticeships there is a 1 or 2-month wait because Ms . Schwartz works with the youth individually . If they are interested in a service group , if they are on the waiting list for the summer, they are given a priority for a spot. People are rotated into the program as others finish . Agenda Item No . 15a - Consider Consenting to the formation of the Ellis Hollow Housinq Development Fund Corporation (Attachment #5 — Letters and/or emails from : J . Barney, S . Crawford of Better Housing Development Corporation :- s Jennings of Conifer Realty) Agenda Item No . 15b - Consider Approval of Pilot Agreement with Ellis Hollow Housing Development Fund Corporation Stacy Crawford , Director of Better Housing for Tompkins County Ms . Crawford told the Board that last week the Learning Web had helped Better Housing with their group work camps project . The Learning Web helped them get ready for the 400 youth that are staying at the middle school . Stacy Crawford appeared before the Board in support of the Ellis Hollow renovation project . Ms . Crawford reported that they had come before the Board a few years ago asking for support and a pilot agreement for the project when they submitted an application to New York State for tax credits to renovate the property . The apartment complex was built in the early 8 July 11 , 2005 Town Board Meeting Approved August 1, 2005 1970s . It' s a two-story , 100 unit, senior housing project with no elevator. The renovation project has received funding and they are moving forward with renovations . They will be installing an elevator, expanding the community center, and adding medical office space and computer labs . Apartments will also be renovated and conditions of the building such as sprinklers and electric will be improved for a total of 3 . 2 million worth of upgrades . In order to move forward with the project they need to do their loan closing which , because of new ownership , requires a renewed pilot agreement, Ms . Crawford reported that the project is for seniors . There are 100 units there now. They will be adding 4 units . The rent structure they are looking at is to have most of the apartments for people under 50 % of area median income , 9 units that are under 60 % area median income , and they would like to have the remaining 4 units be able to go to market rate in order to accommodate the mix of incomes of the people there now and other possible future residents . The project is managed by Conifer Realty , but Better Housing has hired a residents service coordinator who will help the residents get ready for the conversion project and help to mitigate resident anxieties . The coordinator will continue to work after the project is complete to help coordinate services for the seniors . Attorney Barney told the Board there are changes to agreement sent to them in the packet. Conifer would like the Town to agree that at no time would the Town charge more under the payment in lieu of taxes than they would have to pay under the taxes if they were paying as a regular entity . Attorney Barney did not see a problem with that request, He felt a more significant change was that in the document sent to the board , Mr. Barney had provided that all the units would be low- income rents . 104 units were going to be at 80 % or below and 91 of those were going to be at 50 % of median income or less . Conifer would like to see that changed to allow the 4 new units to be market rates . The other issue is the fact that the housing development fund corporation , the entity being formed to acquire this , is going . to be assigning the beneficial interest in the project to a for-profit limited liability company , which will actually be the operating entity. The reason for that is because the basis for the subsidy is different than it has been in the past. The basis is the tax credit program under the internal revenue code , which is similar to the Overlook and Linderman Creek projects . There needs to be a for-profit entity in order to receive the benefit because one develops losses in this project , which then are able to be deducted against income and taxes . Attorney Barney does not have a major problem with it , but to protect the Town he included in the pilot agreement a stringent indemnification on their part that , if it turns out that what they are doing causes them to lose eligibility for the tax exemption , they pay the Town the taxes and they indemnify us for anything we or anybody has lost in connection with the arrangements . With those comments , Mr. Barney offered to answer any questions from the Board . Councilman Engman did not see anything in the documentation regarding what the estimate was of the foregone potential for taxes that the Town would be giving up . 9 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Supervisor Valentino responded that the amount was not a lot because they would still pay the fire tax and the benefit taxes and the property tax at $ 1 . 38 is extremely low. Attorney Barney added that the real contributor was the school district . Councilman Engman asked if there was an agreement with the school district and the county. Attorney Barney explained that the Town Board had the authority to grant the tax exemption from the town taxes and the school district taxes . It is less clear whether or not the Town Board has the authority to do it with the County. The County signed onto the last agreement for Ellis Hollow Apartments and he is not sure if they will sign the new one as well . If the County does not, the affect would be that the tax abatement would still be in place , but the amount of the proportion the Town receives would have to take into account what had to paid for the full county tax and then it would be divided . From the Town ' s standpoint the tax abatement is not terribly great because of the three players we have the smallest chunk and the areas where we are really concerned , the fire assessment and benefit assessment, continue to be paid in full . In response to questions from Councilman Engman , Mr. Barney stated what was in the proposed agreement is a 40 ' year tax exemption which is the maximum permitted by the statute . When the Town originally approved this in concept it was a 30-year tax exemption . The way the tax credit program is awarded you get points for the more you do for the low- income side of it. The proponent here is to get Conifer' s tax credit committed to a 50-year low-income project, the maximum that the Town can give in tax exemption is 40 years . Councilman Engman asked if there was any exposure of the Town by having the agreement with just Ellis Hollow Housing Development Fund Company and not Better Housing Development Corporation or Better Housing for Tompkins County or Conifer. Attorney Barney responded that the initial titleholder is going to be Ellis Hollow Development Fund Corporation , which is a peculiar corporation that is formed under the New York State Private Housing Finance Law Article XI and the not-for-profit corporation law. The power the Town Board has to grant the tax exemption derives from the same article , which a municipality may grant a tax exemption . They have to maintain their qualification under that in order to get the tax exemption . The wrinkle that is not clearly stated in the law is if you turn around , now you ' re the titleholder, and you turn around and lease it to somebody else that is or is not a not-for-profit entity do you do an act creates a problem with that eligibility. "These folks" have indicated they've done this with several other municipalities and it' s not been a problem . Mr. Barney reported that he did raise the question and caused him to want the above mentioned indemnification provision . Attorney Barney and Supervisor Valentino asked if the Board was comfortable with Supervisor Valentino signing the consent for the formation of the Ellis Hollow Housing Development Fund Corporation . No Board member had any objection to Supervisor Valentino signing the consent form . Attorney Barney asked if the Board was comfortable with 4 units being market rate units . Mr. Engman asked if taxes would be paid on the 4 market rate units . Mr. Barney told him no , they would be included in the exemption . There was no objection from the Board to allowing 4 market rate apartments . 10 July 11 , 2005 Town Board Meeting Approved August 1, 2005 TB RESOLUTION NO , 2005=098 : RESOLUTION RELATING TO EXECUTION OF PILOT AGREEMENT ON ELLIS HOLLOW APARTMENTS WITH ELLIS HOLLOW HOUSING DEVELOPMENT FUND CORP . WHEREAS , Groff Associates , entered into an Agreement dated November 30 , 1973 with the Town pursuant to which Groff Associates was - granted a real estate tax abatement and agreed to make certain payments in lieu of taxes in conjunction with property described in said Agreement which has become known as the Ellis Hollow Apartments ; and WHEREAS , Ellis Hollow Housing Development Fund Corp . is in the process of acquiring title to Ellis Hollow Apartments ; and WHEREAS , Ellis Hollow Housing Development Fund Corp . is planning to extensively renovate the property , create additional units , and construct a community building ; and WHEREAS , Ellis Hollow Housing Development Fund Corp . has assured the Town that it intends to continue to operate the facility as housing for the elderly of low income ; and WHEREAS , the property is regulated by the New York State Division of Housing and Community Renewal with respect to the maximum rents that may be charged and is further subsidized through the Section 8 program ; and WHEREAS , it is not economical for Ellis Hollow Housing Development Fund Corp . to own the Ellis Hollow Apartments and maintain their availability for persons of low income unless Ellis Hollow Housing Development Fund Corp . is granted an exemption from real estate taxes conditional on making payments in lieu of taxes ; and WHEREAS , a proposed Agreement has been negotiated continuing the tax abatements and the payments in lieu of taxes as has been the case with Ellis Hollow Apartments for the past thirty years ; NOW , THEREFORE , be it RESOLVED , that the Town of Ithaca hereby grants , pursuant Private Housing Finance Law Section 577 an exemption from real estate taxes for the Ellis Hollow Apartments , conditional upon Ellis Hollow Housing Development Fund Corp . making payments to the Town , County and Ithaca City School Districe in lieu of taxes , such amounts to be calculated at 10 % of the net rents of the project, all as more particularly set forth in the proposed Agreement submitted to the Town Board at this meeting ; and it is further RESOLVED , that the Town Supervisor be and she hereby is authorized to execute an Agreement on behalf of the Town in substantially the form submitted to this meeting with such changes therein as she may , with the advice of the Attorney for the Town , deem necessary , desirable or appropriate ; and it is further 11 July 11 , 2005 Town Board Meeting Approved August 1, 2005 RESOLVED , that authorization of said tax exemption and the execution of such - Agreement is based upon the facts presented to the Town and the assurances of Ellis Hollow Housing Development Fund Corp . that the facility will continue to be operated as housing for the elderly of low income and that the operation and ownership of the facility will be in a manner that maintains the project' s eligibility under applicable laws for such real estate tax exemption ; and it is further RESOLVED , that such tax exemption relates only to the general ad valorum tax , and not to water, sewer, lighting , or other district charges or rents , nor to fire protection district ad valorum taxes or assessments , nor to the County' s solid waste charges , nor to any other special benefit assessment, charge , or cost that now or hereafter may be imposed by the Town , County , or School District or any of their respective agencies . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino Voting Ave Councilperson Lesser Voting Ave Councilperson Burbank Voting Ave Councilperson Engman Voting Ave Councilperson Gittelman Voting Ave Councilperson Stein Voting Ave Motion Carried , Agenda Item No . 17 - Consider Setting Public Hearing to Consider a Local Law Amending the Vehicle and Traffic Chapter of the Town of Ithaca Code Regarding Parking on Penny Lane Supervisor Valentino asked if the Board felt they were ready to set a public hearing on prohibiting parking on Penny Lane or if they felt they should post-pone the public hearing to gather more information . Councilwoman Gittelman wanted to see what happens in discussions with the City. Councilman Stein was not bothered by what the City thought and felt the Town has a right to decide whether or not people could park on Penny Lane . He thought that the Town should consider residential parking permits before no parking was considered . Councilman Stein asked Attorney Barney how long it would take to figure that out and if we could have any permit parking in the Town . Attorney Barney responded that the Town does not have permit parking , but suspects the Town should be able to have permit parking . Councilman Stein asked if the public hearing could be on permit parking or no parking if the permit parking was not feasible and then Attorney Barney could figure out which should be done . Councilman Stein preferred to have 12 July 11 , 2005 Town Board Meeting Approved August 1, 2005 a hearing on permit parking . Attorney Barney explained that it would require some sort of administration on behalf of the Town to issue the permits . Councilman Burbank felt that the Town was not ready to hold a public hearing and that there were a number of issues to be addressed . He stated he was sympathetic to the discourteous behavior Penny Lane residents are subjected to , however, he felt there were legitimate needs for public access . That is a public space , a natural area that is owned by the City . It is to be enjoyed and accessed by the whole community. While there is public access at the western end , by Giles Street, that does not adequately provide access for many other parts . Mr. Burbank felt it was important to study the issue , talk to the City , and see what is being done and could be done in terms of enforcement before moving towards setting a regulation . Mr. Chamandy told Mr. Burbank he was not here to ask that people be denied access , they are asking for regulations regarding parking and speeding . Councilman Stein asked Councilman Burbank what he was proposing . Councilman Burbank responded that he would like a month ' s delay to have a conversation with the City and would like to have a document to consider. Supervisor Valentino has talked with Carolyn Peterson and the city attorney because they also have concerns regarding what is happening in the area of Penny Lane . The City Park Ranger has pleaded with the City because he has felt threatened by the people who are there and he doesn 't have a lot of authority. She agreed with Councilman Burbank that, because of the right-of-way, working with the City on a joint solution is important . Supervisor Valentino thought it was also important to look at the parking regulations . Councilman Lesser asked that the discussion involve enforcement because there have been a number of cases where the Town has adopted laws and regulations that have not really been enforceable . That will not enhance the situation . If it is a ban on parking Mr. Lesser asked there be discussion of how it is going to be done . There will be questions about what cars are there legitimately that need to be resolved before the Town can justifiably move ahead . Councilwoman Gittelman thought it would be nice to have alternatives to offer people of getting access to the site . Councilman Engman concurred with Councilwoman Gittelman . He did not think that pushing traffic and kids off to another neighborhood were the answer. Councilman Engman thought the Town needed to look into the issue in a broader context. Simply pushing kids and traffic off to some other neighborhood is not going to work . If they can figure a system where people can get down to the gorge without bothering residents they need to do that. The entire situation needs to be looked at and a comprehensive approach to solving it arrived at . Councilman Stein suggested that the Public Works Committee could investigate the options , but thought a system could be investigated and developed in a month ' s time . Tom Span , Penny Lane resident 13 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Mr. Span appeared before the board , displayed litter he had collected on the street , and expressed additional concerns regarding no sidewalks and the safety of children . He suggested solutions could be found by reducing the speed limit , limiting the parking and increasing patrolling in the area . Supervisor Valentino was hopeful that the Town and residents of the area could find a solution by working together to solve the problem . Councilman Stein asked that the Town Board post-pone setting the public hearing until the August meeting and that the Public Works Committee develop a proposal for permitted parking on Penny Lane , Councilman Lesser offered an amendment to the resolution to allow the Public Works Committee to consider no parking on Penny Lane should the Town not have the authority to establish permitted parking . Supervisor Valentino thought that Councilman Stein ' s proposal started the process by getting the Public Works Committee to look at the problem . She asked the Town Board if they wanted to have a meeting set up with the City to look at a bigger solution for the bigger problems being experienced on Penny Lane . The Town Board wanted a meeting with the City . Supervisor Valentino asked for contact information from Mr. Chamandy so that he can be involved in future discussion . TB RESOLUTION NO . 2005-099 : Postpone Setting Public Hearing on No Parking on Penny Lane BE IT RESOLVED that the Town Board of the Town of Ithaca postpone setting a public hearing to Consider a Local Law Amending the Vehicle and Traffic Chapter of the Town of Ithaca Code regarding Parking on Penny Lane until the August meeting and ask the Public Works Committee to develop a proposal for permitted parking , if possible , and no parking if permitted parking is not possible . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 18 - Consider Speed Limit Reduction request for Penny Lane TB RESOLUTION NO , 2005- 100 : Speed Limit Reduction Request for Penny Lane and Lois Lane WHEREAS , the Town of Ithaca has received a request for a speed limit reduction on Penny Lane and Lois Lane ; and WHEREAS , the speed limit reduction has been reviewed by the Public Works Committee ; and 14 July 11 , 2005 Town Board Meeting Approved August I, 2005 WHEREAS , the Public Works Committee approved the request be forwarded to the Town Board of the Town of Ithaca to request a speed limit reduction on Penny Lane and Lois Lane ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby requests that the New York State Department of Transportation ' s Traffic Safety Division establish a speed limit of 30 miles per hour on Penny Lane and Lois Lane in the Town of Ithaca . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 6 — Board Comments (continued ) Councilman Burbank stated that he has been actively involved in trying to work out alternatives for people who want to walk their dogs off-leash . As a dog owner he has run into dog owners and dogs who do not necessarily behave in ways that are expected . Councilman Burbank reported that he was hiking on the Finger Lakes Trail with his dog and another off- lead dog that was not under- the control of the owner viciously attacked his dog . The incident really brought to his attention the problem of aggressive dogs . The dog owner lives in the Town of Ithaca and the dog is not licensed . He discussed this and the need for a dog enumeration with Ms . Hunter. A dog enumeration is a program of visiting households to determine if there are households with unlicensed dogs . It encourages people to license their dogs and make sure dogs are vaccinated . Councilman Burbank encouraged the Town Board to move toward an enumeration and get that into the thinking for the 2006 budget. Supervisor Valentino concurred with Councilman Burbank and would like the opportunity to talk about the situation at another meeting . Agenda Item No . 8 — Discussion of the 2006 Budget Process An outline of the budget process was included in the board packet . There are two previously scheduled Town Board meetings , one in October and one in November, devoted to the budget . Supervisor Valentino asked if there were questions regarding the mandated budget process . There were none . Agenda Item No . 9 — Consider the Creation of Town Board Budget Committee (Attachment #6 — proposed resolution , email from Herb Engman , email from Bill Lesser, letter from John Barney, responding comments from Peter Stein ) The Board received Councilman Stein' s proposed resolution , an email from Councilman Engman , an email from Councilman Lesser, and a letter from John Barney in their packets . 15 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Councilman Stein asked that the Board not vote on his proposed resolution , but discuss it and allow him to perfect it for consideration at the August meeting . Councilmen Stein expressed a desire for more involvement in the preparation of the budget and access to information used in preparation of the budget . . There was lengthy discussion regarding the proposed resolution and Councilman Stein circulated copies of and read a response to Attorney Barney' s letter (copy attached ) . Supervisor Valentino expressed a willingness to set any number of meetings to discuss the budget with the Board . Councilman Engman read the following statement into the record : The concern over the Town budget and related processes is not a new one. Even before I joined the Board I talked with a previous board member who said few if any of the board members really understood the town budget. I was determined not to be one of them so last year I read every line of the budget at least twice and had a couple very fruitful conversations with Al. Still, in the end, I think I did not fully comprehend the budget. There are at least two reasons why the Town budget is so difficult to fully understand. First and foremost is the fact that accept for the Town Supervisor, Board Members are part time and currently substantially deal with budget issues only at one period in the year. It is very hard to remember everything learned many months ago and not reinforced through practice. Second, the budget format, while meeting State standards is not user friendly. If the Board Members have trouble understanding it the general has no hope for comprehension . You may remember that I suggested last January we needed a training session on understanding the budget. Because that suggestion was not embraced, I later suggested budget committee as an alternative and although I failed to follow up I 'm very pleased that Peter took the initiative in doing so. Part of the problem with the budget is the structure of our Town committees. Generally towns have a budget committee, a committee of the whole, or other standing committees, for example public works, planning, personnel that review departmental budgets. We have none of these thus the Board Members have very little contact with the budget information so whether we create a budget committee or some other mechanism I believe we need to do much more to involve Board Member in the budget process not to interfere with the duties of the Supervisor and Budget Officer but to fulfill the legal requirements of board due diligence. In that spirit I want to comment on John 's analysis. In preparation for the deliberations of the protocol committee I reviewed town law and noted many of the same entries pointed out by John . However, I differ in some of the interpretations of that law. John correctly points out that the Town Board "shall have and exercise all the powers conferred upon the Town and such additional powers as shall be necessarily implied therefrom ". If there is a provision in Town law for committees it's perfectly reasonable to conclude that the majority of Town Board may create committees in addition to, not to substitute for, committees appointed by the Supervisor and appoint the chairs of such committees. The fact that Town law is silent on 16 July 11 , 2005 Town Board Meeting Approved August 1, 2005 this specific point does not imply prohibition. It is instructive to include the first part of that quote that was given which is that the Town Board "shall be the legislative, appropriating, governing, and policy determining body of the Town ". Therefore, also abundantly clear is the Town Board's responsibility for appropriating or budget making. Besides the Town of Ithaca is not currently in compliance with State law regarding committees. As John points out, the law states that "the Supervisor may from time to time appoint one or more committees consisting of members of the Board to aid and assist the Board in the performance of its duties ". Our Town committees now consist not only of Board members but also of Town staff and sometime members of the community. Clearly we need a mechanism to not only provide better budget information but to get the Town into compliance with State law. Regarding the schedule for budget making, surely the legislation meant to determine a minimum time for Board involvement and not a maximum. Trying to pack Board budgetary work into just a few weeks is impractical for the majority of us who work full time or have significant family obligations. It is also counterproductive as it leads to misunderstandings and frustrations as we 've been hearing. Finally, I think it is a misunderstanding to state that an individual would request additional budget information under the proposal. If a committee and chair have been duly appointed by the Town Board, the chair acts on behalf of the board not on his or her own behalf as an individual. Given the length of this statement I won 't offer further suggestions for solutions to these issues but 1 urge that we engage in a serious discuss to solve the problems prior to September. Thank you for your patience. Supervisor. Valentino indicated that she had indeed invited board members to meet with her for an explanation of the budget, but was not taken up on the offer. Councilman Stein was asked what it was he wanted . He stated he wanted information provided without having to wait a month to have his request approved by the Board . Supervisor Valentino stated if he gave her a list of his questions she would give him answers . Councilman Lesser commented that he saw the budgetary process quite differently. As an example he sited Agenda Item No . 10 , the wage scale . Whether the Board approved it or amended it , the Board was committing a certain amount of money in the next wage cycle . By making a series of these decisions throughout the year the Board is making budget decisions . By the time the Board comes to the end of the year, they are more ratifying what decisions theyve made over the year than opening up an entirely new process . Supervisor Valentino offered to share department head budget requests with the Board and encouraged Councilman Stein to understand the way things are done and what the efficient and effective things are before rushing forward to change things . Councilman Stein stated he did not necessarily want to change things he merely wanted information . Councilman Engman voiced appreciation for the offer to provide department head budget requests . He felt that would help get Board members involved at an earlier stage . 17 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Councilman Burbank concurred with Councilmen Stein and Engman with regard to greater involvement in the budget process . He does not feel the Town budget is an easily understood document. He rates that compared to other local government entities . He would like the Town to create a document that is available to the public in the tentative stage and posted on our website . Supervisor Valentino told him it was posted to the web . Supervisor Valentino told the Board she appreciated the Board ' s interest in the budget process and pledged to do everything she could to cooperate in making sure that people get the information they need . She told Mr. Stein that the more he would communicate with her, as chief fiscal officer, the smoother things would go . Mr. Lesser asked if there was a way the discussion about department head requests could be made more open to interested Board members . Ms . Hunter provided the Board with possible dates for the Board to meet publicly with department heads to discuss their budget requests . TB RESOLUTION NO , 2005=101 : Setting Budget Work Session Meeting Dates Be it resolved , that the Town Board of the Town of Ithaca will hold special budget work session meetings on Wednesday , August 17 and Wednesday , August 31 , 2005 beginning at 9 : 30 a . m . to work on the 2006 budget. MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Councilman Stein , aye ; Councilman Engman , aye . Motion carried . Agenda Item No . 10 — Consider Approval of 2006 Wage Scale The Board discussed the impacts of a 3 % wage scale increase on the budget , the taxpayers , . and the employees . TB RESOLUTION NO , 2005 - 102 : Approval of 2006 Wage Scale WHEREAS , on May 7 , 2001 , the Town Board established a Hiring Minimum and Job Rate for each Job Classification creating a Wage Scale program , which set the rates for each job classification with specific weights or values separating each letter grade ; and WHEREAS , the approved program is to have the Hiring Minimum and Job Rate increased annually based on a percentage or a flat amount as recommended by the Town 18 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Supervisor and Human Resources Manager to the Personnel Committee and Town Board ; and WHEREAS , after evaluating the Consumer Price Index as well as other factors , the Town Supervisor and Human Resources Manager have recommended a 3 % increase for all classification ' s Job . Rate and for those employees beyond the Job Rate , with a minimum increase of $0 . 50 per hour as detailed on the attached 2006 Wage Scale ; now, therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the recommendation of setting the 2006 employee wage increase amount as 3 % for all classification ' s Job Rate and for those employees beyond the Job Rate , with a minimum increase of $ 0 . 50 per hour as detailed in the attached 2006 Wage Scale . MOVED : Councilman Engman SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , nay . Motion carried . Agenda Item No . 11 = Acknowledge Receipt of Independent Auditor's Report TB RESOLUTION NO , 2005=103 : Town of Ithaca Independent Auditor' s Report for the Year Ending December 31 , 2004 WHEREAS , the Town Board and the Budget Officer have received the Certified Financial Statements for the year ended December 31 , 2004 for the Town of Ithaca from the independent auditing firm of Sciarabba Walker & Co . , L . L . P . , Certified Public Accountants ; and WHEREAS , Town Law requires that the said statements must be made available for public inspection at the Town Clerk' s Office ; now therefore be it RESOLVED , that the Town Board does hereby accept for filing the Independent Auditor' s Certified Financial Statements for the fiscal year ending December 31 , 2004 for the Town of Ithaca ; and be it further RESOLVED , that the Town Board hereby authorizes and directs the Town Clerk to advertise that the said statements are available for public inspection at her office as prescribed by law. MOVED : Supervisor Valentino i SECONDED : Councilwoman Gittelman 19 July 11 , 2005 Town Board Meeting Approved August 1, 2005 VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 12 - Update on Transportation Focused GEIS Initiated by the Town of Ithaca and Cornell University (Attachment #8 — Press release and frequently asked questions) Supervisor Valentino did not have anything new to report to the Board . The Town will need to decide whether the Town Board or the Planning Board should act as lead agency for this project. Supervisor Valentino has sent information to Councilman Engman . Mr. Engman stated the information was helpful . Mr. Kanter asked if anyone wanted a copy of the press release of the Frequently Asked Questions of the GEIS . Councilwoman Gittelman and Councilman Stein asked to receive a copy. Councilman Engman asked if there would be a formal agreement between the Town and Cornell . Supervisor Valentino stated there would be an agreement and that it would have to be approved by the Town Board . The agreement will come before the board once it has been negotiated . Councilman Burbank asked for a one-minute history as to how the project came about and why Cornell wanted to participate in such a project . Supervisor Valentino explained that the Town has worked with Cornell on transportation issues for many years and Cornell is an active participant in the Town Transportation Committee . She thinks that Cornell wants to participate because Cornell knows that they are going to have some substantial growth and they do not want the growth to relate to a lot more traffic and a lot more parking . Supervisor Valentino feels it is important to look at the growth of Cornell , the transportation and parking problems , and try to set up a framework with guidelines that will help the Town and Cornell through the process and into the future with a reasonable way of dealing with traffic and parking . They were excited about Cornell being willing to fund an approximately $ 1 , 000 , 000 study for the community . It was also very pleasing that the Town would be the lead agency. It is the goal of Cornell and the Town to bring in all interested communities to work on the project. Mr. Kanter added that Cornell has seen the Ithaca-Tompkins Transportation Council complete the long- range plan update . They have seen the Town making good progress on the Town Transportation Plan and the County complete their Comprehensive Plan . Cornell is seeing a lot of the major players participating in the planning processes . He thought that Cornell feels there is a context to use to put their planning process out in the open . Councilman Lesser added that it is remarkable that Cornell is committing itself to this plan . Agenda Item No . 13 - Consider Appointment of Alternate Zoning Board of Appeals Member 1 20 July 11 , 2005 Town Board Meeting Approved August 1, 2005 The Board was unable to make the appointment of Alternate Zoning Board of Appeals member because the interested party was not an electorate of the Town . Supervisor Valentino and Mrs . Drake thought that they should have an article in the fall newsletter seeking interested candidates instead of running another newspaper ad . The board concurred . Agenda Item No . 14 - Accept Letter of Retirement - Director of Building and Zoning (Attachment #7 — Letter from A. Frost — notification of retirement) Supervisor Valentino felt a little sad taking this letter of retirement , but understood that Mr. Frost had a lot of things t he wanted to do with his life and wished Mr. Frost the best . Councilman Burbank asked what the process and the timeline were for finding a replacement for Mr. Frost. Supervisor Valentino explained that when someone retires the Town does not replace him or her right away . The position is left open for 3-6 months so that the Town can evaluate the position . They always look at ways to realign things to save the Town some money . The possibilities include hiring a replacement , realigning some of the work done in the Building and Zoning Department and dividing it up into other departments . Supervisor Valentino mentioned that during the last fire contract negotiations , there was some discussion about combining the building and zoning with the City because they use firefighters to do some of the work and that possibility was not fully explored because the rest of the contract was difficult . She was not sure it was possible , but thought it was worth looking at. Her main thought was to look at as many different ways of making sure that the work is done efficiently . The workload of the department is huge and they can 't really do anything that prevents the work from being done . TB RESOLUTION NO , 2005-104 : ACCEPTANCE OF LETTER OF RETIREMENT OF ANDREW FROST AS DIRECTOR OF BUILDING AND ZONING WHEREAS , Andrew Frost , Director of Building and Zoning , turned in his Letter of Retirement effective January 11 , 2006 ; now, therefore , be it RESOLVED , that the Town Board of the Town of Ithaca does hereby accept the Letter of Retirement of Andrew Frost , Director of Building and Zoning , effective , January 11 , 2006 . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . 21 July 11 , 2005 Town Board Meeting Approved August 1, 2005 Agenda Item No . 16 - Consider Setting a Public Hearing to Consider a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones TB RESOLUTION NO . 2005-105 : Resolution Setting a Public Hearing to Consider a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones 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 1St day of August 2005 , at 6 : 30 p . m . for the purpose of considering a proposed local law amending the Zoning Chapter of the Town of Ithaca Code regarding agricultural and related activities in certain zones ; and it is further RESOLVED , that at such time and place all persons interested in the proposed amendment may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried , Agenda Item No . 21 — Consent Agenda TB RESOLUTION NO . 2005- 106 : Consent Agenda Items . BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . 22 July 11 , 2005 Town Board Meeting Approved August I, 2005 TB RESOLUTION NO . 2005- 106 : Consent Agenda Items . BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . TB RESOLUTION NO . 2005=106b : 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 . 613-758 General Fund Townwide $ 1181269 . 72 General Fund Part Town $ 77170 . 94 Highway Fund Part Town $ 22 , 966 . 95 Water Fund $293 , 365 . 36 Sewer Fund $ 61665 . 25 William and Hannah Pew Bikeway $ 520 . 84 Phase II South Hill Water Transmission $ 27 , 865 . 43 Fire Protection Fund $ 147 , 516 . 01 Forest Home Lighting District $ 156 . 82 Glenside Lighting District $ 60 . 63 Renwick Heights Lighting District $ 84 . 82 Eastwood Commons Lighting District $ 176 . 03 Clover Lane Lighting District $ 20 . 25 Winner's Circle Lighting District $ 59 . 96 Burleigh Drive Lighting District $ 70 . 90 Westhaven Road Lighting District $ 232 . 42 23 July 11 , 2005 Town Board Meeting Approved August I, 2005 Coddington Road Lighting District $ 137 . 28 Trust and Agency $ 425 . 00 TOTAL : $625, 764 61 MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . TB RESOLUTION NO . 2005=106c : 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 : 288 , 363-386 , 388-446 Check Numbers : 8251 , 8325-8407 Operating Fund $ 184 , 646 . 03 1998 SCADA Capital Project $ 11184 . 20 2000 Bolton Road Project $ 187309 . 15 2002 Office Space Addition $ 33 , 983 . 89 2003 East Hill Water Tank Proiect $ 196 , 574 . 12 TOTAL $4344697 . 39 MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman 24 July 11 , 2005 Town Board Meeting Approved August 1, 2005 VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 22 — Report of Town Committees Supervisor Valentino brought the Board ' s attention to the monthly report of the Recreation Coordinator. It contains 2006 budget proposals for the Recreation Partnership . Agenda Item No . 23 — Report of Town Officials (Attachment #9 — Monthly reports of Town Officials ) Councilman Burbank was delighted to see the letter from Cornell about Remington Inn and asked what the chances were for something else coming in for that site . Mr. Kanter said that they have not heard anything specific. Councilman Burbank asked about the land on Buttermilk Falls Extension being sold to the Park . Councilman Engman explained that the County declared it surplus land and the is selling it to Buttermilk Falls State Park . Agenda Item No . 24 — Review of Correspondence Supervisor Valentino received a nice thank you letter and invitation from Coddington Road Community Center because of the Town 's help with the pavilion . Adjournment On motion by Councilman Lesser, the meeting was adjourned at 9 : 42 p . m . Respectfully submitted ,, 0c� z Tee-Ann Hunter Town Clerk NEXT REGULAR MEETING AUGUST 1 , 2005 25 TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , July 11 , 2005 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT AD ORES S / AFFILIATION -e 0 7 " . ov f Joe ct in 10 �e C✓ ou x C'�4 . f6o /):Z .t d ej Jk iet � Z 7®W,v OF- rzzr( July 11 , 2005 Town Board Meeting 446 - A?Z", AoM$-C O ATTACHMENT # 1 0 TAI& 6uDc7 jrVTUs : o - � a©o �O V'�IlE (45 of �cjje o G ,F 77W� elski (4644W oj*O �104%V JiK/G �� T 4.0.0 6�,�r/u�s ,� � N�/ `u�S < /l�al ' : c� u�p • �o • v7�iv,� ;e : ,e, rf#A1V A904e . 7Ac4S� *49lJAo)A11 ✓G �!©oz /x- Ae 1S evxx 0644t)C,/ 4,�rrAl Z#Ac1e� CA40V/d14C / 4UTeAwZ45ed w«.1. 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' evTs ,� o��.e-��,.� ��►s H¢,o �1s T� T /s �s1�1��.�vva� o a� �.e,a� a�� vc 14,4VdAr" . EMA �vUs -s�r2vrc¢ v€ ad ,erO 4 7a¢r� �lc lr,� T� ,o.2av�pe July 11 , 2005 Town Board Meeting ATTACHMENT # 2 Gregory R. Kirkpatrick 403 Teton Ct. Ithaca, New York 14850 Supervisor Valentino Town Supervisor Town of Ithaca 217 North Tioga St. Ithaca, NY 14850 Dear Supervisor Valentino, I regretfully must submit my resignation from the Ithaca Board of Fire Commissioners as a Town of Ithaca representative. I will be relocating outside of the area and will no longer be able to serve. Thank you and the Town for the opportunity to serve the community. Thank you, Gregory R. Kirkpatrick July 11 , Town Board Meeting ATTACHMENT # 3 William D . Gilligan 1224 Trumansburg Road Ithaca, N. Y. 14850 June 24 , 2005 Mr, Robert Romanowski, Chairman Board of Fire Commissioners Ithaca Fire Department 310 West Green Street Ithaca, N. Y. 14850 Dear Bob, I understand that beginning in July 2005 , there will be a vacancy on the Board of Fire Commissioners for one of the two Town of Ithaca positions on the Board . As a 27 year resident of the town, I wish to let you know that I am very interested in serving on the Board of Fire Commissioners to represent the interests of the residents of the Town of Ithaca. I believe that as both a long term resident of the town and also as a current active volunteer fire fighter with the Ithaca Fire Department, with 15 plus years of service in the Department, I will be able to contribute to the work of the Board in overseeing the operation of the Fire Department and in presenting the needs of the Department to both the Town Board and City of Ithaca Common Council . I would appreciate it if you would recommend me to the Town Board for appointment to the Board of Fire Commissioners for the vacant Town position on the Board . If any additional information is required please let me know and I will be glad to provide it to you and the Town Board. Sincerely, 113 Y Bill Gilligan. ' • • • Partncipa�t�ey��n�-, �r �� Wjs APPRENTICESHIPS tij#hlolder a� •he g�uid�an;ce ofr ,u. dal ilt " . - . . • . . : . men 'in .the., ybAr field o �inLiaarest, Aga+iining � • • • • Y t « I a d� On ;exxper lehC� • . doing real work i'n a - visiCing experts i.n- th e „ • y0lltil S �d`02- 46f ItltereSt , , • • • A oy,�'�aof the `workp�,lace ' " - ' - ' • , it • . , , , , , � . • • • . • ''a ay� �7Xp�,a � a�t��cn �fly�+� • , - , . , , , , , , • • • • • the�du�ti,es•and }resp®�n�si - _ R bibiesL��oYf the fob;are�tYh.e _ . , . , . , ©cusp ®f�the visits . • - - VOLUNTEERz�COAMMTY • ' - • - • • : • • F r 3k �%_ • • • • • SERVICE efxrp�,® n,m�g,�t=heir : - • . . . . - • • • • • - -. - . - . commu?,n,i�i'es , iden�tif�y�.n�g , , _. , , - - • - . . , , • stren�gtchs ;;a�n�,d needs, �� . . , � , . - , . • - _. planning 1. f i p em�e,mt- _• . . • . y _ g p��t��cts `as a te,,a�m`�;% . . • . - . . - - . . . . - . - . . with o�t•h �r youngpeople • • • • • 11011410 A froathir cornm,ian'iy r . . • - MfRt+ rocked!! �Ever•y�� bit of it•! " x Apprentice Page 2 The Learning Web Youth Works Program Exceeding Goals A Look at the Numbers Annual Service Goals 2004 Actual Service Statistics 2004 Demographics Total Youth Served: 90 Total Youth Served: 110 Gender: Female: 60 Male: 50 Total Exploration Activities: 57 Total Exploration Activities: 59 Age 10-15: $6 ' 16-20: • Apprenticeships: 32 • Apprenticeships: 31 • Exploration Tours: 25 • Exploration Tours: 28 Ethnicity_ Asian: 7% African American: 10% Total Community Service: 48 Total Community Service: 54 Caucasian; `78% Latina: 3% • School year program: 10 weeks School year program: 10 weeks Multi=Racial: 1% Other: 1 % in the fall and again in the spring in the fall and again in the spring serving 24 middle school youth. serving 29 middle school youth. Municipality: ' Town of Ithaca 79 • Summer program: 12 mornings Summer program: 12 mornings i Village of Lansing 11 from July through mid August from July through mid August Village of Cayuga Heights 8 serving 24 middle school youth. serving 25 middle school youth. Towq of Dryden 8 Outreach Activities: 315 youth City of Ithaca 2 Towns of Danby/Lansing 2 More Than Just a Staff Person 33 Years of Experien ' all the other By contracting with The Learning Web, the JYC's resources are maximized and there is no folks duplication of services. that Jane has worked with, exemplify positive 0 Learning Web executive staff are veteran youth development professionals who community • • • hire, train, support and supervise consistently high caliber youth workers. When a staff our youth , Good person leaves the position, the program remains stable and consistent as there is an infra- positive, structure that can offer consistency over time. unobtrusive . . . Great for teens ! " 0 Agency staff work as a team and their expertise is shared and benefits every program. Parent 0 Program services are based upon current research on best practices and are time tested —developed and improved over 32 years. Program methods are flexible enough to adapt to the diverse and changing needs of youth and the community. 0 Learning Web has an extensive network of community mentors who can offer young people a wide variety of experiences. r 0 Accountability and quality control is a priority and evaluation systems are in place to ensure strong programs. r Taking a Closer Look at Ourselves Program Evaluation 2004 EVALUATIONS WERE ONCE AGAIN RESOUNDINGLY POSI'T'IVE IN REGARD TO ALL OF THE SERVICES WE OFFER. Young people, their parents, and the mentors were very pleased with the apprenticeship program. 85% of apprentices felt they achieved their goals and 90% believed the experience clarified their career plans. 100% of parents indicated that they felt their child achieved what they had hoped from the program and a majority felt the experience exceeded their Computer repair is just one expectations. 100% of parents indicated their child communicated a high level of satisfaction wi of many areas that our the program. 90% of mentors agreed that their apprentices met their goals and increased their apprentices explore, knowledge of the field. Suggestions for improvements were very minor and involved site specific adjustments. 95% of youth and parents said that the service program exceeded their expectations. ' The Learning Web Youth Works Program Page 3 eating from Our Youth, Families, & 1 11 entors at the youngpeople say. . . After realizing that I know so little, it made me want to work harder and learn more. I It really helped being one-on-one, instead of in a class—not as much tension as in a class. Ilearned [#rm service group] to notjudgepeopleprematurely. , a I learned a lot, tieing able to teach people things they had no clue about was important to me, and taking in all the information gave me a good feeling. It [apprenticeship) showed me how much work and effort I have to put into succeed. I didn 't think you .,. : € had to work that much. [I learned] that all adults aren 'tgonna be like `Oh you re a teenager so I don 't have to listen to you. They [mentor and site staff] didn 't treat me like I was dumb. Exploration tours allowed theseyouth to get a hands-on look at monarch I actually think I can do something —I can use tools and learn how to use them and learn what's going butterfly research in the Entomology on—before it wasn 't easy for me to do that. Department at Cornell. The servicegroup was REALLYFUNN I liked meeting new people and going places to help! :.................................................................................................................................................................................................. What the mentors Say. . : 1 ' Rob was so inquisitive that it was fun to have him here. Kayla exceeded all expectations. I valued herjoy at the work. [Stag are very good—courteous and friendly. I I value having an individual who is not only willing but eager to learn and help. I am more appreciative than before thatyoung people (an excellent high schoolstudent) has a ® 1 very high desire to have a chance to do hands-on science, From pathology to plumbing young people can a [Sta�] were great! clarify their interests and Guild their skills ............................................................................................................................ What the parents say. . . I was pleased that staff communicated with her [daughter) i ctl because it was her apprenticeship—her decision. It's been wonderful for him [son] to mingle with college age students, great role models/mentors. I think he gained in his social skills. He has a hard time relating to people. Very positive comments regarding the organ.Zation, structuring, and staff of The Learning Web. Making these opportunities to students is critical '_. Sue has been great in supporting [son], she projects to him that she believes in his abilities Without her, he wouldn 't have had this experience. We are : not computerpeople and could not meet his needs. My son has gained a variety of skills and an in-depth view of the Ithaca community. He has also met many impressive people who make Ithaca a Getter place. The Service Program is a great idea. Especially for this agegroup. It's hard to keep them focused, and this program succeeded. Boynton Community Service Group with flowerpots decorated that were ................................................................................................................ ................................later donated to a local nursing home. 06-06°05 02 : 44pm From-Conifer Realty 5853240556 T-256 8 . 002/006 F458 ATTACHMENT # 5 July 11 , 2005 Town Board Meeting EN D # 5 IL nit r, f585) 324 0500 Woe (585) 324 0556 fax 183 !rant Main street 6th Floor Roeheste; MY 14644 v Awv coniferlic.aOm `VIA FAcuyDLE ANT) REGULAR MAIL May 25 , 2005 John Barney, Esq. Town of Ithaca Attorney Barney, Grossman, Dubow & Marcus Seneca Building West, Suite 400 119 East Seneca Street Ithaca, New York 14850 RE: REQUEST TO FOR PILOT AGREEMENT Ellis Hollow Road Apartments 1028 Ellis Hollow Road Ithaca, New York 14850 Dear Mr. Barney: I am writing to you in your capacity as attorney for the Town of Ithaca. This follows up on my telephone messages regarding the referenced property. If you remember, we worked together a couple of years ago to assign the existing pilot agreement to the current owner_ Conifer Realty, LLC and Better Housing for Tompkins County, Inc. are joint venturing to transfer ownership of the property to a related entity in order to refinance the existing debt and obtain low income housing tax credits to fund rehabilitation at the property. The rehabilitation includes construction of a new community building and the addition of four new residential units, bringing the total to 104 units. The new owner will enter into a use restriction with the State ensuring that, for the next 50 years, 91 of the units will be rented to seniors with incomes at or below 50% of area median income and, for the next 10 years, 9 units will be rented to senior with incomes at or below 80% or area median income. In order to make this transaction financially feasible, the Town of Ithaca has agreed to provide us with a new pilot agreement to replace the one that will terminate upon prepayment of the FRA- insured debt. I have enclosed for your review a March 12, 2003 letter from the Town Supervisor and the March 10, 2003 Town Board Meeting resolution approving a 30 year pilot at terms substantially identical to the existing. pilot agreement. I have also enclosed a copy of the New York State Division of Housing and Community Renewal tax credit reservation letter awarding tax credits to the property. We are forming a housing development fund company pursuant to Article XI of the Private Housing Finance Law to acquire the property and would like to move forward with executing a pilot agreement with the Town. b0ie1P'dGrnY oevt990ao�FohaesmeaK ho11e.. oKy pHat k¢er.dae 06°O6°05 02 : 45pm Prom°Conifer Realty 5853240556 x°256 P . 003/006 F°858 I would like to discuss with you our next steps. If you have a form of pilot agreement for an Article XI company that you would like to use, please send it to me. If not, I have a form from another deal that we could use for this transaction. I hope you can advise me as to whether Tompkins County needs to be involved in the pilot agreement or whether the 'town must now pass a resolution authorizing the execution of the pilot agreement. We are anxious to close on this transaction before the middle of July. Part of the rehabilitation involves conversion of the heating system and we would like to begin that work during the summer. Our construction lender and tax credit investor require that the pilot agreement be executed prior to closing. Please give me a call at 585=324=0526 to discuss this matter further. Thank you for your assistance. Sincerely, _ 1 Susan Sturman eivailags General Counsel and Vice President Enclosures cc: Carol Oster (w/o encl.) Lisa Goodbury (w/ encl.) L UODIEM)mpeM Datz9901Nlord\LcpllsU$an1El1is Hollow Roaftamey pilot ]MET ADC 051251051 :26 PM a DA # 15 J II Better Dousing Development Corporation 950 Danby Rd . Suite 102 Ithaca NY 14850 ..... (607) 273 -2187 ,,, {. JUN 2 7 2005 June 23 , 20051 EST 4 i;HACA. "OWN CLERK Catherine Valentino, Supervisor Town of Ithaca 215 N. Tioga Street Ithaca NY 14850 RE : Request for approval of HDFC: Ellis Hollow Housing Development Fund Company Dear Supervisor Valentino, As you know, we are working with Conifer Realty in the rehabilitation of Ellis Hollow Road Apartments . I am in receipt of a letter from Conifer' s Attorney, Susan Jennings, to John Barney, requesting a PILOT agreement for the Project. In that letter, she mentions the formation .of a housing development fund company (HDFC) to acquire the property. This letter is to inform the Town of the creation of the not-for-profit Ellis Hollow Housing Development Fund Company (HDFC) by the Better Housing Development Corporation, which is a subsidiary of Better Housing for Tompkins County, Inc. The HDFC was created pursuant to Article XI of the Private Housing Finance Law and Section 402 of the Not-for-Profit Corporation Law. We are seeking the Town ' s approval of the HDFC, and are hoping that we' ll then be able to move forward with execution of a renewed pilot agreement for Ellis Hollow Apartments . I have enclosed the Certificate of Incorporation for your review, and a draft Consent to Incorporate for the Town to use if it finds the document acceptable. As always, thank you for your assistance. I will await instruction as to what further steps are needed. Sincerely, (1, D Uta Stace �wford Y Secretary, BHDC enclosures Cc: John Barney, Esq. Carol Oster, Conifer Realty LLC Susan Sturman Jennings, Conifer Realty LLC Incorporated 1999 New York A subsidiary of Better Housing for Tompkins County, Inc. CERTIFICATE OF INCORPORATION OF ELLIS HOLLOW HOUSING DEVELOPMENT FUND CORP. PURSUANT TO ARTICLE XI OF THE PRIVATE HOUSING FINANCE LAW AND SECTION 402 OF THE NOT-FOR-PROFIT CORPORATION LAW We, the undersigned, for the purpose of forming a company pursuant to Article XI of the Private Housing Finance Law and the Not-for-profit Corporation Law, both of the State of New York, hereby certify: I The name of the proposed company is ELLIS HOLLOW HOUSING DEVELOPMENT FUND CORP. and is hereinafter referred to as the "Company" . II The Company has been organized exclusively to develop, on a non-profit basis, a housing project for persons of low income. The Company is empowered to do and perform all acts reasonably necessary to accomplish the purposes of the Company, including, without limitation, (a) the execution of a Regulatory Agreement with the State of New York or a municipality or any agency or instrumentality thereof, including Regulatory Agreements contemplated or authorized by Articles XI, XVIII and XVIII-A of the Private Housing Finance Law, (b) the execution of a declaration of beneficial interest with a limited liability company for the purpose of obtaining equity financing, including proceeds from the syndication of any federal low income housing tax credit as established pursuant to the Internal Revenue Code of 1986, as amended, allocated to the Company's project, (c) conveyance of a low-income housing project it develops to such a limited liability company, and (d) the creation of such other instruments and undertakings as may be necessary to enable the Company to secure the benefits of financing, and the taking of such other actions for a housing project for persons of low income. This Certificate of Incorporation may not be altered or amended without the consent of the Chief Financial Officer of the Town of Ithaca, New York (the " Supervising Agency"). The Company is a Corporation as defined in subparagraph (a) (5) of Section 102 of the Not-for- profit Corporation Law. The Company is a Type D Not-for-profit Corporation under Section 201 of the Not-for-profit Corporation Law. Notwithstanding any other provisions of this Certificate of Incorporation, the Company is organized exclusively for one or more of the following purposes: religious, charitable, scientific, testing for public safety, literary, cultural, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, as specified in Section 501 (C) (3) f the Internal Revenue Code of 1986, as amended, and shall not carry on any activities not permitted to fe carried on by an organization exempt from federal income tax under Section 501 (c) (3) of the ternal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax w. All income and earnings of the Company shall be used exclusively for corporate purposes. No part of the net income, net earnings or assets of the Company shall inure to the benefit or profit of any private member, director, officer, shareholder, firm, corporation, association or individual (except that reasonable compensation may be paid for services rendered to or for the Company), and no private member, director, officer, shareholder, firm, corporation, association or individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Company. No substantial part of the activities of the Company shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501 (h) of the Internal Revenue Code of 1986, as amended) or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of or in opposition to any candidate for public office. In the event of the dissolution of the Company or the winding up of its affairs, the Company's property after payment of necessary expenses thereof shall not be conveyed or distributed to any individual or organization created or operated for profit, but shall, subject to the approval of a Justice of the Supreme Court of the State of New York, be conveyed or distributed only to an organization or organizations created and operated for non-profit purposes and engaged in activities substantially similar to those of the Company, and which shall qualify as an organization exempt from federal income taxes under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, provided, however, that the Company shall at all times have the power to convey all of its property to the federal government, including the Federal Housing Commissioner or his nominee or the State of New York or any local government for a public purpose. IV In any taxable year in which the Company is a private foundation as described in Section 509 (a) of the Internal Revenue Code of 1986, as amended, the Company shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of such Code, and the Company shall not (a) engage in any act of self-dealing as defined in Section 4941 (d) of such Code, (b) retain any excess business holdings as defined in Section 4943 (c) of such Code, (c) make any investments in such a manner as to subject the organization to tax under Section 4944 of such Code, or (d) make any taxable expenditures that are subject to tax under Section 4945 of such Code. If the Company receives a temporary loan or advance from the Housing Development Fund or a municipal housing development fund, as established by, or pursuant to, Article M of the Private Housing Finance Law, or if the Company receives a payment, grant or loan from the Housing Trust Fund Corporation under Article XVIH or XVIH-A of the Private Housing Finance Law, or if a project developed by the Company has been exempted in whole or in part from local and municipal taxes under Section 577 of the Private Housing Finance Law, the Company shall be authorized to enter into an agreement with the Commissioner of Housing and Community Renewal of the State of New York or the Supervising Agency, as the case may be, providing for regulation with respect to rents, profits, dividends and disposition of property or franchises. V If the Company receives a temporary loan or advance from the Housing Development Fund or a municipal housing development fund, as established by, or pursuant to, Article XI of the Private Housing Finance Law, the Commissioner of Housing and Community Renewal of the State of New York or the Supervising Agency, as the case may be, shall have the power, if, in his, or its, discretion, he, or it, determines either that such temporary loan or advance is in jeopardy of not being repaid, or that the proposed housing project for which such temporary loan or advance was made is in jeopardy of not being constructed, to appoint to the board of directors of the Company a number of new directors, which number shall be sufficient to constitute a majority of such board, (unless the Housing Trust Fund Corporation is entitled under Article VI of this Certificate of Incorporation to appoint new directors, in which case the number of new directors appointed under this Article V shall be sufficient to constitute a majority of such board, calculated without regard to any directors appointed by the Housing Trust Fund Corporation) notwithstanding any other provision of the Certificate of Incorporation or any other provision of law. VI If the Company receives a payment, grant or loan from the Housing Trust Fund Corporation under Article XVII or XVIII-A of the Private Housing Finance Law, the Housing Trust Fund Corporation shall have the power, if; in its discretion, it determines either that any such payment, grant or loan is in jeopardy of not being repaid, or that the proposed housing project for which the payment, grant or loan was made is in jeopardy of not being constructed or of not being operated in compliance with the payment, grant or loan, to appoint to the board of directors of the Company a number of new directors, which number shall be sufficient to constitute a majority of such board, (unless the Commissioner of Housing and Community Renewal of the State of New York or the Supervising Agency, as the case may be, is entitled under Article V of the Certificate of Incorporation to appoint new directors, in which case the number of new directors appointed under this Article VI shall be sufficient to constitute a majority of such board, calculated without regard to any directors appointed by the Commissioner of Housing and Community Renewal of the State of New York or the Supervising Agency, as the case may be) notwithstanding any other provision of such certificate of incorporation or of any other provision of law. VII Nothing contained in the Certificate of Incorporation shall authorize the Company to undertake or carry out any of the activities specified in Section 404 of the Not-for-profit Corporation Law. VIII The office of the Company is to be located in the County of Tompkins and State of New York. i By-laws of the Company may be adopted by the directors at any regular meeting or at any lecial meeting called for that purpose, so long as they are not inconsistent with the provisions of this Certificate of Incorporation, Article XI of the Private Housing Finance Law or the By-laws of the member. X The sole member of the Company shall be Better Housing Development Corporation. or its designee. XI The number of directors of the Company shall not be less than three nor more than fifteen. The exact number of directors shall be set forth in the By-laws. XII The names and residences of the directors of the Company until the first annual meeting are: Name Address t 1om LiVigne 33 Grandview Drive, Ithaca. NY, 14850 tacey Crawford 2735 Slaterville Rd. , Brooktondale NY, 14817 cole Eddy 2660 Cool Lea Camp Road, Alpine NY, 14805 XM All of the incorporators to this Certificate of Incorporation are of full age. At least two-thirds of them are citizens of the United States, and at least one of the persons named as a director of the Company is a citizen of the United States and a resident of the State of New York. X11V The Company hereby designates the Secretary of State as its agent upon whom process may be served. The post office address of the Company to which the Secretary of State shall mail a copy of any process served upon him as against the Company is c/o Better Housing Development Corporation 950 Danby Road. , Suite 102, Ithaca, NY 14850, Attn: Secretary. . XV . Any person who was or is a parry or is threatened to be made a parry to any threatened, pending, or completed. action, suit, or proceeding, whether civil', criminal, administrative, or investigative (whether or not by or in the right of the corporation) by reason of the fact that he is or was a director, officer, incorporator, employee, partner, trustee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, incorporator, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise (including an employee benefit plan), may, in the discretion of the Board of Directors, be indemnified by the corporation to the full extent then permitted by law against expenses (including attorney's fees), judgments, fines (including excise taxes assessed on a person with respect to an employee benefit plan), and amounts paid in settlement incurred by him in connection with such action, suit, or proceeding. Such indemnification provided by this paragraph shall not be deemed exclusive of any other rights which may be provided now or in the future under any provision currently in effect or hereafter adopted by the By-laws, by any agreement, by vote of members, by resolution of disinterested directors, by provision of law, or otherwise. XVI This Certificate of Incorporation by be executed in any number of counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Certificate of Incorporation. IN WITNESS WHEREOF, I have made, subscribed and acknowledged this Certificate of Incorporation, as of this I sJay of ,L..) h e , 2005 . TLBy: Incorporator STATE OF NEW YORK ) COUNTY OF 're mp le, ,", s ) ss. : On this -,Ll day of -1 L-1 c , 2005, personally came TAO s l� 1. ; ado me known and known to me to be the person described in and who executed the foregoing Certificate of Incorporation of ELLIS HOLLOW HOUSING DEVELOPMENT FUND CORP., and she/he acknowledged to me that she/he executed the same. ROBERT E. HUNT Notary Public, State of New York No. 01HU6080305 Oualified in Tompkins CourdY Notary Public commission Expires Sept. e, 2i)6 6 r CONSENT TO INCORPORATE BY THE CHIEF FINANCIAL OFFICER OF THE TOWN OF ITHACA, NEW YORK Chief Financial Officer of the Town of Ithaca, New York, do this _ day of 2005, pursuant to Article XI of the Private Housing Finance Law of the State of New York, hereby certify that I consent to the filing of the foregoing Certificate of Incorporation of _ Housing Development Fund Company, Inc. with the Secretary of State of the State of New York, CHIEF FINANCIAL OFFICER OF THE TOWN OF ITHACA, NEW YORK p:kJaha4oUn msW-wlcotuent Tee Ann Hunter m : John Barney Ubarney @bgdmlaw. com] nt: Wednesday, July 06 , 2005 2 : 22 PM Tee Ann Hunter bject: FW: Ellis Hollow Apartments E. Ellis Hollow 2005 Ellis Hollow 2005 PILOT Agreem . . . PILOT Agreem . . . - - - - - Original Message - - - - - From : John C . Barney [ mailto : jbarney @bgdmlaw . com ] Sent : Tuesday , July 05 , 2005 3 : 27 PM To : ' Susan Jennings ' Cc : ' Cathy Valentino ' Subject : Ellis Hollow Apartments Susan : After more effort than I had planned , attached are two versions of a proposed payment in lieu of taxes agreement . The first version was prepared using the WordPerfect word processing program . Assuming that you might not be using that program , I ' ve attempted a conversion to Microsoft Word and that is the second version . Unfortunately , the conversion program we I nek ing with does not always convert precisely correctly , so there may e typographical anomalies in the Word version , such as words that are posed to be in quotes such as " net rents " reading " Anet rents @ " . n we have a final version , we can either use the correct WordPerfect hard copy , or read over word for word the Word version , prior to signing . The enclosed versions contain considerably more than the somewhat abbreviated form you sent to me . However , if you review the tax abatement agreement , resolution , and amendment that currently pertain to Ellis Hollow Apartments , you ' ll see that much of what is included in this draft is simply taken from those documents , in many instances without significant change . The main additions stem from the concerns I expressed to you last week regarding having a not - for - profit company formed under NY Housing Finance Law Article XI being the legal owner of the property , but having a for - profit limited liability company or limited partnership having beneficial ownership and actually operating the property . You indicated this procedure has been used elsewhere by your company , as well as by other companies . However , the language of the Housing Finance Law is not entirely clear that this arrangement is allowed . Since it appears the only authority , in this instance , for the Town to grant tax exemptions , is founded on NYHFL Ition we want the Town , and its officers , to be indemnified if it turns L . t under the scenario your people are proposing the eligibility for 1 July 119 2005 Town Board Meeting ATTACHMENT # 6 TOWN BOARD BUDGET COMMITTEE WHEREAS : it is in the best interests of the residents of the Town of Ithaca that the Town of Ithaca Board be more actively and formally involved in the budget process , and WHEREAS : a broader public discussion of the Town Budget will inevitably increase the transparency of the budget and will hopefully encourage communication between the - -Board and the public regarding budget priorities , therefore be it RESOLVED : that a Town Board Budget Committee (hereafter referred to as the Committee) be established with the following functions and procedures . 1 . The Committee will be composed of all of the elected Town Board members and the Supervisor. 2. The Committee will hold at least four meetings during every budget cycle. The responsibilities of organizing and chairing each meeting will rotate through the six elected Town Board members , with the order of rotation determined by seniority. If any member declines to act as organizer and chair of a meeting, that responsibility shall pass to the next board member in the rotation. 3 . The major work of the Committee will be to review the Tentative Budget adopted by the Town Board at its September meeting to better inform the decision making process for adopting the Preliminary and Final Budgets at subsequent meetings . 4 . The chair of each Committee meeting may ask any senior staff member to attend that meeting and give reports and/or respond to questions by Town Board members . Those requested to do so will cooperate with the Town Board to the best of their abilities consistent with their time constraints . 5 . Prior to the presentation of the Supervisor's Tentative Budget, the Committee may meet to request the Supervisor and the Budget Officer to provide specific information to the Town Board. 6 . At the October meeting of the Board, the Tentative Budget will be debated, amended and considered for adoption as the Preliminary Budget. July 11, 2005 To : Town Board Members From: Peter Stein Subject: John Barney's Memo of July 8 John Barney makes four legal objections to my proposal. The purpose of this memo is to respond to those objections in turn. 1 . John Barney finds it problematical that the proposed Budget Committee could in principle make decisions that were binding on the Town. Since my purpose in proposing a Budget Committee is to give the Town Board a more productive mechanism discussion of budget alternatives, I am perfectly willing to change the legislation to state that no decisions will be made no votes will be taken on matters other than procedural matters of the Budget Committee itself (e.g. the agenda of the meeting, adjournment, etc.) John Barney quotes a 1957 opinion of the Controller that a rule requiring committees to be appointed by the Town Board to be invalid, since Town Law (section 63 specifies that the " . . .supervisor may appoint one or more committees consisting of members of the board . . . . John Barney argues that "Clearly, section 63 suggests that the town board supervisor, and not the town board, has to appoint any Town Board committees" . Had the word only preceded the word may, such a committee would be contrary, to section 63 . Lacking the word only, any precedent that supports his presumption, or any other wording excluding the Town Board from appointing committees, I cannot understand the justification for John Barney' s conclusion. 2. John Barney states that a Town Board committee of the whole is so similar to the Town Board itself that section 63 requires the supervisor to appoint the chair of such a committee. The logic of his objection is based on the close similarity of the Town Board to the Budget Committee. I would suggest that if the Budget Committee were forbidden from making, any decisions or taking any non- procedural votes would substantially decrease the similarity between the Budget Committee and the Town Board . 3. John Barney argues that the timetable proposed for the Budget Committee is inconsistent with Town Law. I apologize for the error, and am happy to change the proposed legislation to be consistent with Town Law. 4. It seems to me that john Barney' s arguments against the procedures proposed for facilitating access of information for Town Board members is his doubts as to the wisdom of such a provision rather than its consistency with Town Law. If a majority of the Town Board has the right to ask staff to provide information, I cannot see why a majority cannot delegate that right to individual members. lyOFIT July 11 , 2005 Town Board Meeting ATTACHMENT # 7 ti �9a TOWN OF ITHACA 215 North Tioga Street, Ithaca, N.Y. 14850 1821 ¢� www.town.ithaca.ny.us CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273 - 1747 PLANNING 273 4747 BUILDING AND ZONING 273 4783 FAX (607) 273 - 1704 July 6, 2005 Cathy Valentino Town Supervisor 215 North Tioga Street Ithaca, New York 14850 Dear Cathy: As we have recently discussed, this letter serves as the formal notice of my plan to retire from my position at the Town of Ithaca effective January 11 , 2006 . I plan to work through January 10th. As many people know this plan was delayed from my original intent of March/April due to an unexpected divorce. At this time in my life, it is time for me to move on from governmental work. I will leave the New York State system with 30 years of service plus over 2 years of additional credits. Respectively submitted, Andrew S . Frost Director of Building and Zoning ASF/dlh . July 11 , 2005 Town Board Meeting ATTACHMENT # 8 OF I T� ° TOWN OF ITHACA 4 18 21 ^ 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 Press Release -Embargoed for release on Tuesday, June 21, 4 p.m. For more information, contact Town of Ithaca Supervisor Catherine Valentino , 273 - 1721 , and-or Cornell University Director of Transportation and Mail Services William Wendt, 255 -4628 . Joint Town-Cornell study to examine campus-area transportation issues The Town of Ithaca and Cornell University unveiled plans Tuesday for a large-scale study of CU transportation planning and potential impacts on area traffic flows, parking and related topics. Officials briefed members of the Ithaca-Tompkins County Transportation Council at the Council's meeting Tuesday afternoon . Cornell will voluntarily prepare a transportation-focused Generic Environmental Impact Statement (T-GEIS) that will identify, and evaluate the transportation-related impacts of planned projects, plus hypothetical growth scenarios, over the next decade . The university will work cooperatively with the Town of Ithaca, the T-GEIS's " lead agency, " which in turn will involve additional governmental agencies, as appropriate, including Tompkins County, City of Ithaca, Town of Dryden, Village of Cayuga Heights, New York State Department of Transportation and others . For several years, the Town of Ithaca and Cornell have participated in countywide discussions on these issues, while the town, simultaneously, has worked to develop its own transportation plan . For the past several months, the Town and Cornell have discussed transportation-related challenges and opportunities and agree the T-GEIS is the next logical step . "This is truly a win-win, proactive measure by local government and the university that will provide clarity and focus for many countywide transportation challenges, " said Town of Ithaca Supervisor Cathy Valentino Tuesday. "The T-GEIS will establish a cooperative town-gown venue for issues that affect thousands of residents, plus land-use and planning decisions . " "We're pleased that the Town of Ithaca will be the lead agency for this effort. We're looking forward to input from the public, as well as several municipalities, the county and state agencies, " said Cornell Vice President for Government and Community Relations Van McMurty. "This work is important and will develop an invaluable body of information and assessment of possible mitigations for transportation-related impacts on and around campus . " Valentino and McMurtry note that the T-GEIS will be flexible enough to explore hypothetical campus growth scenarios, along with background growth in the Ithaca area. CU capital projects that have been recently approved or proposed could result in a gradual increase of employees and graduate students over the next decade. The core Cornell University campus extends across approximately 750 acres and three municipal boundaries - the Town of Page 2/ Joint Town-Cornell study to examine campus-area transportation issues Ithaca, City of Ithaca, and the Village of Cayuga Heights. Any changes in transportation and parking on the campus may affect these entities, as well as adjoining municipalities . "This type of transportation planning and joint strategizing is notable and will benefit all in Tompkins County, ". said _Fer_n_ an_ do_ de A_ ragon, executive director of the Ithaca-Tompkins County Transportation Council . Officials noted Tuesday that the Town of Ithaca is the logical municipality to serve as lead agency in the GEIS initiative since its boundaries encircle the City of Ithaca. On a daily basis, a high percentage of people going to and from their Cornell destinations must pass through the Town of Ithaca. Cornell University currently manages a progressive campus-wide Transportation Demand Management (TDM) Program that was initiated in 1990 . The TDM program has proven to be successful, resulting in 2600 fewer cars on campus today compared to 1990 . In that same period, Comell ' s employee count has increased by 200, the student body by 1 ,000 . There is no set timetable for the completion of the GEIS , although a scoping process led by the . Town of Ithaca as lead agency is expected to be completed this fall . Martin/AlexiouBryson, a North Carolina--based consultant specializing in college and university transportation projects, and Trowbridge and Wolf of Ithaca, have been hired to provide technical analyses. More on the GEIS process in New York State : www.dec . state.ny.us/website/dcs/segr/ More on Cornell's TDM program : www. sustainablecampus .comell .edu/transport-tdmp ,htm More on the project consultant: www.mabtrans . com/ -30- Frequently-asked questions (FAQs) on a transportation -focused Generic Environmental Impact Statement (T-GEIS) What is a transportation-focused Generic Environmental Impact Statement (T-GEIS) ? A transportation-focused GEIS is a generic environmental impact statement that will identify, examine and evaluate Cornell ' s transportation-related impacts and possible mitigations for planned projects, plus hypothetical growth scenarios, over the next decade. The GEIS is a tool available under the New York's State Environmental Quality Review Act, commonly referred to as SEQR. Unlike an Environmental Impact Statement, a GEIS is flexible enough to explore hypothetical or alternative scenarios. Why do this study now? In recent years, there has been considerable interest about Cornell-related parking, commuting and bus ridership. For several years, the Town of Ithaca and Cornell have participated in countywide discussions on these issues, while the town, simultaneously, has worked proactively to develop its own transportation plan. For the past several months, the Town and Cornell have discussed transportation-related challenges and opportunities and agree the T-GEIS is the next logical step. How will the community have a say in this process? The Town of Ithaca, as the T-GEIS's " lead agency, " will involve additional governmental agencies, as appropriate, including Tompkins County, City of Ithaca, Town of Dryden, Village of Cayuga Heights, New York State Department of Transportation and others. There will be several opportunities for public input throughout this process, including regular updates for the Ithaca-Tompkins County Transportation Council. Why is the Town of Ithaca lead agency? The Town of Ithaca is the logical municipality to serve as lead agency in the T-GEIS initiative. Its boundaries encircle the City of Ithaca and abut most of the county's other municipalities . On an average workday, 80 percent of Cornell employees travel through the Town of Ithaca on their daily commute. The town has a key role in the county's overall transportation system, and is in the process of completing its own transportation plan. Why use SEQR and not another process? State Environmental Quality Review (SEQR) is a comprehensive, well-established process that is widely recognized as a tool for publicly examining environmental impacts and identifying mitigation measures . It incorporates public participation and review by all involved agencies . Each Involved Agency will be responsible for its own findings upon completion of the T-GEIS . Will the T-GEIS address student parking on campus? The T-GEIS looks at the pros and cons of a wide range of transportation-related issues Page 2/Frequently-asked questions on a transportation-focused GEIS and potential mitigations, and on-campus parking is a part of that mix. Other topics that will likely be addressed are current and potential parking inventories, alternative forms of transportation (walking, bicycling, etc.) , and transportation demand management programs (carpooling, park-and-ride, transit use, etc.) --Will-the future? No . Individual project approvals would continue to occur in the usual manner. A GEIS is not an approval, but rather an assessment of the environmental impacts of potential courses of action. It will allow the Town, City and other Involved Agencies to review individual projects in a larger context, and to plan proactively to address anticipated cumulative impacts of campus growth and development. What about new Cornell projects that come up before the T-GEIS is completed ? Projects that are proposed before completion of the T-GEIS will be considered and reviewed as they are now. Traffic-related information developed during this time could be used as part of the analysis of the project. How does it pertain to surrounding communities ? The T-GEIS will evaluate transportation-related impacts of campus growth on a regional basis and will provide useful insights to surrounding communities. Background growth of the surrounding communities as it pertains to transportation impacts will also be included in the study. It is anticipated that a working group of technical experts will be set up to participate in and provide feedback during the study. In addition to representatives from the Town, City and Cornell (and Cornell's consultants), the working group could include representatives from the Ithaca-Tompkins County Transportation Council, TCAT, County Planning, Town of Dryden, Village of Cayuga Heights and others . TOWN CLERK' S MONTHLY REPORT A -GE N D .A # 2 3 TOWN OF ITHACA, NEW YORK JUNE, 2005 HE SUPERVISOR: ATTACHYXaj 1 # 9 ant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received e in connection with my office during the month stated above, excepting only such fees and moneys the application aayment of which are otherwise provided for by Law: A1255 21 MARRIAGE LICENSES NO. 05034 TO 05054 367. 50 1 ZONING ORDINANCE 13 . 32 2 TAX SEARCH 10.00 1 RETURNED CHECK - CLERK 5 .00 1 USE OF PARKS & BLDG 25 .00 1 PARK OPEN SPACE EXEC SUM 5 . 30 7 MARRIAGE TRANSCRIPT 70 .00 TOTAL TOWN CLERK FEES 496. 12 A1557 1 SPCA IMPOUND FEES 40. 00 TOTAL A1557 40.00 A2544 DOG LICENSES 708 .08 TOTAL A2544 708.08 0 48 BUILDING PERMIT 36, 700 .00 3 BUILDING PERMIT EXTENSIN 425 .00 1 FOUNDATION PERMITS 175 .00 3 FIRE SAFETY INSPECTIONS 255 .00 3 ZONING BOARD MTG 300 .00 2 TEMP CERTIFICATE OCCUP 1 , 125 . 00 TOTAL B2110 389980.00 B2115 2 SUBDV. REV. INITIAL APL. 200 .00 1 SUBDV, REV. PRELIM. PLAT 220 .00 2 SUBDV. REV. FINAL PLAT 280.00 1 ASS . MTG . FEE P.H. PROCE 50.00 TOTAL B2115 750.00 TOWN CLERK' S MONTHLY REPORT JUNE, 2005 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 1 ,244 .20 PAID TO SUPERVISOR FOR PART TOWN FUND 393730 .00 PAID TO COUNTY TREASURER FOR DOG LICENSES 134.42 PAID TO AG & MARKETS FOR DOG LICENSES 21 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 472 . 50 TOTAL DISBURSEMENTS 419602. 12 JULY 5 , 2005 SUPERVISOR 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 TOWN OF ITHACA Public Works Department' s Monthly Board Report June 2005 for the July 11, 2005 Meeting Water and Sewer The Town crews continued the routine of marking out Town sewer lines for Dig Safely New York, which is a daily effort. We also continued our inspections on Schickel Road for the project to install water and sewer in that area . We continued our inspections on the Overlook project . We began inspection of the new water main installation on King' s Way . We repaired water valves on Maplewood and Forest Home Drives . We performed weekly inspections of our sewer pump stations. We have begun painting fire hydrants throughout Town — this will continue throughout the summer. Plantings were installed at 1151 Danby Road to replace trees lost during the installation of the sewer main extension for Schickle Road . Parks and Trails Our crews continued our regular parks and trails mowing and grounds maintenance operations . Routine site checks were done at all sites . Tree clearing and removal at the William and Hannah Pew Trail has been completed for most of the trail alignment, except for the section requiring an easement over the Ewing property, leading to Tudor Park. At Tutelo Park, we continued grading the banks and upper lawn areas, applied more topsoil and seeded those areas. We have finished the grading for the bike trail and installed the crushed stone base . The comfort station concrete floor was poured . It is now ready to have the pre-cast walls installed, followed by interior construction, plumbing and electrical work. Two sections of Real Wood guiderail were installed at South Hill Trail parking areas along Burns Road . We installed crusher run around the concrete pad of the new pavilion and spread woodchips around the new pavilion and the newly cleared trails at the Coddington Road Community Center in time for the opening up of their summer camp program on June 27f. Jeremy Clark, our summer youth crew supervisor, began maintenance and repair work on the play structure at Grandview Park, the first of several structures we will be working on this summer. The three summer youth that have been hired to assist in this project will begin on July 501 . Plantings were installed at the Welcome to Tompkins County sign on Danby Road near the Town line as part of grant from the Chamber of Commerce and the Tompkins County Beautification program. Maintenance was performed and a couple of replacement shrubs installed at the other three signs within the Town. This completes our commitment to the Chamber regarding this project. Roads We finished installing rip rap at the stream crossing on Seven Mile Drive . The surrounding area disturbed by our work was topsoiled, seeded and mulched . We installed a new road crossing pipe and rip rap retaining wall on Elm Street Extension. The trench was then black topped . We began hot patching and shimming on the roads that will be paved or oil and stoned . Also, we began cutting brush and overhanging limbs on those same roads . Culverts were installed for a resident on Chase Lane . We closed the upstream bridge on Forest Home Drive for parts of three days so that we could do repair welding on the metal bridge decking. The walkway handrailing was re-welded where necessary at the same time . Our ditching crew continued their work ditching and hydroseeding on Penny Lane, Kendall Avenue, Ridgecrest, Pinewood, Maplewood, Briarwood, Sycamore and Birchwood Drives. Roadside mowing was begun again for a second time around the Town, during this round of mowing we mow further back to the ditchlines wherever possible . We continued to assist our neighboring entities, including hauling equipment for the Town of Danby and assisting with trucking for oil and stoning in the Town of Ulysses . Projects to be worked on in July 1 . Continue hot patching 2. Tutelo Park construction 3 . William and Hannah Pew Trail construction 4 . Water and Sewer maintenance and DSNY mark outs 5 . Continue ditching and hydroseeding 6 . Summer youth employment program starts July 5th 7, Salem Drive paving project 8 . Continue trimming brush and overhanging limbs on roads to be paved/ surface treated 9. Grounds maintenance at Town Hall ghk OFIp TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 � w � o Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for July 11 , 2005 Town Board Meeting DEVELOPMENT REVIEW June 7, 2005 Meeting : Primet Precision Materials — Occupancy of Space at Therm Inc., 1005 Hudson Street Extension : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed use of an existing building by Primet Precision Materials TM, Inc . , which is located on the Therm Incorporated property at 1005 Hudson Street Extension, Town of Ithaca Tax Parcel No . 54-24 , Light Industrial Zone . Primet Precision MaterialsTM, Inc . is an advanced materials development company that would rent the existing building that was most recently used by Therm for storage . No modifications or additions are planned for the site. Therm Incorporated, Owner/Applicant; George May, Agent. Cornell University Nursery Greenhouse and Pond, Bluegrass Lane : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed plant nursery and pond addition located at the Cornell University Turf & Landscape Research Center on Bluegrass Lane, Town of Ithaca Tax Parcel No . 69- 1 - 1 , Low Density Residential Zone . This proposal involves the construction of two +/- 5 ,760 square foot greenhouse structures for the plant container nursery and a new +/- 410,000-gallon irrigation pond. New York State, Owner; Cornell University Department of Horticulture, Applicant; Ron White, Agent, Cayuga Medical Center Southwest Addition Modifications, 101 Harris B. Dates Drive: The Planning Board granted approval of Site Plan Modifications for the previously approved southwest addition and site improvement project at the Cayuga Medical Center at Ithaca located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No . ' s 24-3 -2 . 1 , 24-3 -2 .411 , 24-3 -2 .412, 24-3 -2 . 21 , and 24-3 -2 . 3 , Office Park Commercial Zone . The modifications include eliminating the fourth floor and mechanical penthouse from the addition which reduces the total height from +/- 89 feet to +/- 67 feet along with reorganizing the outpatient and emergency department entrance area. Cayuga Medical Center at Ithaca, Owner; Peter Trowbridge, Trowbridge & Wolf LLP, Agent, Wiggins 2-Lot Subdivision, 1150- 1154 Danby Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed consolidation of previously approved lots and a new 2-lot subdivision of the entire lands located at 1150- 1154 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No . 36- 1 -4 . 2, Planned Development Zone No . 1 , Low Density Residential Zone, and Conservation Zone. The proposal involves subdividing the +/- 54 . 61 acre parcel into one +/- 14 . 74 acre parcel (Parcel `B") containing the existing John Thomas Steakhouse and La Tourelle Country Inn development and one +/- 39 . 87 acre parcel which is currently vacant to be consolidated with adjacent properties to the south and east (Parcel "A") . This will also result in 1 71 w f�t as a 1'trart ang �areeatar Spits E 4 i the rescinding of all previous approvals for the `Buttermilk Valley Estates Subdivision" granted by the Planning Board in 1996 . Walter J. Wiggins, Owner/Applicant. June 21 , 2005 Meeting : Sketch Plan Review — Scholl 2-Lot Subdivision, between 668 and 674 Coddington Road : The Planning Board reviewed a Sketch Plan for the proposed 2-lot subdivision located between 668 and 674 Coddington Road, Town of Ithaca Tax Parcel No . 49- 1 - 17 .2, Low Density Residential Zone. The proposal includes subdividing the +/- 4 . 172-acre parcel into two lots for future residences . William Goodhew, Owner; Adam & Kim Scholl, Applicant. The Planning Board had significant concerns regarding limited area available for a septic system and difficult topography related to construction of a driveway. Sketch Plan — Rite Aid & Judd Falls Plaza Re-development, 322-350 Pine Tree Road and 930 and 946 Mitchell Street: The Planning Board reviewed a sketch plan for the proposed redevelopment of the Judd Falls Plaza properties located at 322 -350 Pine Tree Road and 930 and 946 Mitchell Street, Town of Ithaca Tax Parcel No . ' s 62 - 1 -3 . 2 , 62- 1 -2 . 2, and 62- 1 - 1 , Community Commercial Zone . The proposal includes removing the existing plaza to construct approximately 45 ,464 square feet of retail , office and other related commercial uses in several new buildings, including a +/- 14 , 564 square foot Rite Aid Pharmacy store in the first phase of development. The project will also include new stormwater facilities, parking, landscaping, and lighting. Susan Hamilton, Owner; Ellicott Development Company for 1093 Group, LLC , Applicant, Cayuga Lake Waterfront Plan : The Planning Board heard an informational presentation by Joan Jurkowich, Deputy Commissioner of the Tompkins County Planning Department, regarding the Cayuga Lake Waterfront Plan. The Planning Board will consider a recommendation to the Town Board regarding adoption of the Plan at a future meeting, after which it will go back to the Town Board for consideration of adoption. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. SEAR Reviews for Zoning Board : Four SEQR reviews for the Zoning Board were done since the June report: ( 1 ) request for variance to construct a pavilion without the installation of a required sprinkler system, located at 920 Coddington Road, Low Density Residential Zone, Coddington Road Community Center, Appellant; (2) request for a variance to allow a pavilion to be constructed in excess of the 15 foot height limitation for accessory structures, located adjacent to the McConville Barn at 770 Dryden Road, Low Density Residential Zone, Cornell University, Appellant; (3 ) request for variance to construct a bus shelter within the required 50 foot buffer, located at the intersection of Rachel Carson Way and NYS Route 79, Special Land Use District #9, EcoVillage at Ithaca, Appellant; and (4) request for variances to create by subdivision a parcel of land with insufficient width, setback, and maintaining two existing accessory sheds, located at 923 and 925 Coddington Road, Low Density Residential Zone, Thomas Farrell, Appellant; Orlando Iacovelli, Agent. 2 n tl acg lu in g Ua W1, e �? i✓ 61 fj��.j�^' im `+a�.�,3 �tSavt li wad �X ay.<v� cnr � R�K '�.7lW�il Salx X/L7•w �� Y YyF, 5 Codes and Ordinances Committee (COC): The Committee met on June 15 , 2005 . Agenda items included continuation of review of the proposed draft Outdoor Lighting Ordinance, discussion of additional Agriculture Committee comments regarding proposed zoning amendments relating to certain agricultural activities, and report on Conservation Board and Agriculture comments regarding the draft Stream Setback Law. The draft local law amending the Zoning Code regarding agricultural activities was approved by the Committee to be sent to the Town Board for consideration. The July COC -meeting was cancelled due to vacation schedules . The next COC meeting is scheduled for August 17, 2005 , which will tentatively include continuation of review of revised draft Outdoor Lighting Ordinance, continuation of consideration of revised draft Stream Setback Law, and continuation of consideration of Conservation Board recommendation regarding the proposed Coy Glen Conservation Zone, Transportation Committee : The second public information meeting regarding the Transportation Plan was held on Thursday, June 9, 2005 , where the Inventory and Analysis sections of the Plan were presented, and additional public comments were received. A summary of public comments is being prepared to be included in the Plan. A meeting of the consultant selection sub-committee is scheduled for June 30, 2005 to review the seven responses to the RFQ (Request for Qualifications) that were submitted. It is anticipated that two or three of the most qualified consultants will be asked to come in for interviews, after which a recommendation for hiring a consultant to assist with Plan preparation will be forwarded to the Town Board. The full Committee will schedule a meeting in the near future to discuss work on the Plan to be done during the summer. Cornell Transportation-focused Generic Environmental Impact Statement (T-LEIS): The Town Supervisor, Director of Planning, Highway Superintendent, and Planning Board Chair have been meeting with representatives from Cornell University (CU) over the past several months to discuss plans for a large-scale study of CU transportation planning and potential impacts on area traffic flows, parking and related topics. Cornell has agreed to prepare a transportation-focused Generic Environmental Impact Statement (T-GEIS) that will identify and evaluate the transportation-related impacts of planned projects at Cornell, plus hypothetical growth scenarios, over the next decade. The university will work cooperatively with the Town of Ithaca, the T-GEIS 's " lead agency, " which in turn will involve additional governmental agencies, as appropriate, including Tompkins County, City of Ithaca, Town of Dryden, Village of Cayuga Heights, New York State Department of Transportation and others. Plans for this cooperative project were announced at the joint meeting of the Ithaca-Tompkins County Transportation Council on June 21 , 2005 . There will be further discussion of this at the July 11 , 2005 Town Board meeting. Ithaca-Tompkins County Transportation Council (ITCTC) Planning and Policy Committees : A joint meeting of the ITCTC Policy and Planning Committees was held on June 21 , 2005 . The main agenda items included an update regarding the park-and-ride study and the announcement of the Cornell-Town of Ithaca Transportation-focused Generic Environmental Impact Statement (GEIS) . 3 W1 ? ttlGl '�1t1Z13� 2 a I� t L'j U , file Netted RIM, Conservation Board : The Board met on June 9, 2005 . Discussion items included reports of the various committees, continuation of discussion regarding the proposed stream setback law, and final preparation for the annual Richard Fischer Award ceremony (held at the June 13th Town Board meeting) . The next Board meeting is scheduled for July 7, 2005 , MOA Planning Coalition: The Planning Coalition met on June 29, 2005 . Agenda items included a follow-up discussion regarding possible County Assessment map updates and a general discussion regarding the future direction of the Planning Coalition. The next meeting is tentatively scheduled for July 27 , 2005 . 2006 Budget Worksheets : Preliminary worksheets for the proposed 2006 Budget were prepared and submitted to the Supervisor and Budget Officer. Economic Development Policy Forum : The Supervisor and Director of Planning attended an .Economic Development Strategy Policy Forum at the South Hill Business Campus on June 23 , 2005 . The Forum was coordinated by Tompkins County Area Development (TCAD) to initiate the update of the Tompkins County Economic Strategy. The focus of the Forum was to create a vision for the local economy, West Hill Traffic — City, Town and County Planners Meeting: Planners from the City, Town, County and ITCTC met on June 27, 2005 to continue discussions regarding traffic, transportation and development issues on West Hill . The group will be issuing a report in the near future to update City, Town and County officials on discussions that have taken place. Update on the Remington Inn Proposal East Shore Drive : The applicant for the Remington Inn proposal at the Cornell property on East Shore Drive has submitted a letter (June 22, 2005) withdrawing (terminating) the project, 4 Town Engineer' s Report for 7/11/2005 Town Board Meeting GENERAL Pre-Disaster Hazard Mitigation Plan Comments from FEMA are pending. EARTH FILL PERMITS No fill permits were issued in May WATER PROJECTS SCLIWC Office Addition The Phase II renovation of the existing office space is nearing completion with a number of punch list items remaining to be completed. The project is over 7 months behind schedule. East Hill Transmission Main and Storage Tank Final details for the site easement are being completed with Cornell University. The transmission project was awarded to Chicago Construction and pipe installation has been underway since the last week in June . The Tank Project award is pending to Natgun Corporation. 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. Kings Way Water Improvement Construction is substantially complete and the line is scheduled to be put in service by mid July. SEWER PROJECTS South woods Subdivision Force Main The Developer has completed the installation of the sewer system for phase II of the development and the pump station and force main are operational . Final transfer of the property to the Town is pending. Danby Road Sewer Extension to Schickel Road To provide sewer service to the Westview Subdivision the developer has completed construction of the sanitary sewer on the east side of Danby Road to Schickel Road and then up Schickel road to the new subdivision. As built drawings are being prepared and a resolution for the Town Board to accept the sewer main will be prepared for the August Town Board meeting. IAWWTF Phosphorus Removal Project Concrete work is proceeding with construction of the tankage and super structure. Change orders are being prepared to cover the extra work required by the change in design for the pile foundation. TOWN ENGINEERS REPORT 7/ 11 /2005 , Joint Interceptor Sewer Projects The First Street Interceptor construction is proceeding with City of Ithaca forces doing the work. Town Staff is monitoring the construction process, which has been proceeding smoothly. The Kline Road sewer diversion has been under construction during the month of June. STORM WATER MANAGEMENT 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 will be coordinated with the County plan for reconstruction of Hanshaw Road. The Town Engineer' s staff is working with the Public Works to develop a plan to relieve drainage problems in the Uptown Road and Lexington Road area. The problem area is located on the boundaries between the Town of Ithaca, the Village of Cayuga Heights and the Village of Lansing, and will require a cooperative effort. Survey work has been completed and a design is being developed. A construction schedule will be develope by the staff. DEVELOPMENT REVIEW LINDERMAN CREEK PHASE THREE Linderman Creek Phase Three is substantially complete. The emergency access has been abandoned and minor landscaping work is being completed. CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. The common driveway and utilities are in place and the area is being landscaped and stabilized. SOUTHWOODS Construction of phase 11 improvements is substantially complete . Construction of several homes is underway. The developer is working on final stabilization and restoration of the road cuts and drainage system. WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities is proceeding. Sanitary sewer construction on the Danb Road extension and sewer on Schickel Road has been completed. The Engineering staff is monitoring th Town Engineer's Report July 11 , 2005 Daniel R. Walker Page 2 7/6/2005 TOWN ENGINEERS REPORT 7/ 11 /2005 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 with the detention pond substantially complete and the water and sewer improvements under construction and are approximately 80% complete . Engineering staff is monitoring the site sediment and erosion control measures . Town Engineer's Report July 11 , 2005 Daniel R. Walker Page 3 7/6/2005 Agenda Item #23e. TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF JUNE 2005 MONTH YEAR TO DATE FS , F PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT FAMILI' 2005 6 9802300 28 53651 , 130 RESIDENCES 2004 3 368,000 24 45679,500 1 Two-family home with attached garage 274,000 1 Create fire separation between dwelling units 3,000 2005 2 277,000 2 2775000 TWO FAMILY RESIDENCES 2004 0 0 1 149,700 F20O5 0 0 10 803192 RENOVATIONS 1 10,000 10 1793500 0 0 0 0 CONVERS IONS OF USE 2 103,000 5 200,800 2005 0 0 9 4225214 ADDITIONS TO FOOTPRINT 2004 6 354,440 11 7795192 2005 18 Sprucewood Apartments add front porch 27,000 28 5 ,675,650 MULTIPLE RESIDENCES 2004 0 0 0 0 2005 0 0 7 233809344 BUSINESS 2004 3 284,000 8 3,073,700 F20O5 0 0 0 0 AGRICULTURAL 0 0 2 392000 0 0 0 0 IN . IA L 0 0 0 0 1 IC West Tower elevator upgrade 412,765 1 IC renovate storage building 1502000 3 CU LARTU, Friedman and Rice Halls parking lots 7005250 1 IC 5th floor Gannett Library modification 38,320 1 IC Quad dorms replace guardrails 175,000 16 CU Hasbrouck Apartments renovate bathrooms 220.500 2005 23 116965835 35 185805,379 EDUCATIONAL 2004 14 6862000 15 33801 ,802 1 Install roof solar panels 1 1 ,800 5 Tear off and replace roof 40,551 1 Add deck 67100 1 Detached garage 1400 3 Above ground pool 81478 1 Deck addition 14,000 MISCELLANEOUS 2005 12 94,929 24 197,316 CONSTRUCTION 2004 18 99,834 17 180,846 TOTAL. NUMBER OF 2005 61 39076,064 143 332489,225 PERMITS ISSUED 2004 27 15905,274 93 13,084,040 TOTAL FEES 2005 61 87550 143 54, 109 RE iD 2004 27 3 ,910 93 212615 Dat ared: July 6, 2005 Da olford June 2005, Page 2 TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS !.MONTH - 14 1 . 2 Renwick Place - existing two-family home. 2. Cornell University Heating Plant - section of floor. . .replacement. 3 . 7 Apple Blossom Lane - new 3 bedroom home with attached garaged. 4. 189 Pleasant Grove Road - renovations to Country Club - temporary. 5 . 101 Harris B. Dates Drive (CMC) - first floor renovations - final. 6. 1319 Hanshaw Road - convert exterior deck to living area and install partial bath. 7. 141 Northview Road - above ground pool. 8. 203 Eldridge Circle - 3 bedroom, single-family with attached garage. 9. 122 Enfield Falls Road - 3 bedroom single-family home with attached garage. 10. 125 Westhaven Road - construct deck with metal guard. 11 . 226 Renwick Drive - site work only.\ 12. 101 Harris B. Dates Drive (CMC) - Radiation Oncolology addition - final. 13. Game Farm Road (CU) - light poles/athletic field. 14. 1549 Slaterville Road - roof replacement. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DA 'Z'E, 2005 - 79 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 2004 - 91 INQUIRIES/CO:MPL,AINTS INVESTIGATED THIS MONTH - 2 1 . 1469 Trumansburg Road - property maintenance - abated. 2. Mecklenburg Road - property maintenance - abated. From May 2005 : 1 . 182 Calkins Road - building code - pending. From April 2005 : 1 . 823 and 825 Danby Road - signage - pending. From February 2005 : 1 . 301 Old Gorge Road - zoning - pending. 2. 726 Five Mile Drive - property maintenance - pending July abatement. From December 2004: 1 . 400 Warren Road - zoning ordinance - abated. 2. 324 Blackstone Avenue - building code - pending. From October 2004: 1 . 118 Pine Tree Road - occupancy - pending 7/1 /05 abatement date. From August 2004: 1 . 312 Salem Drive - building code - pending From May 1995 : 1 . 1152 Danby Road - zoning and building code - Building Permit applied for corrections - sprinklers installed - partial abatement. TOTAL CONIPL,AINT'S INVESTIGATED YEAR TO DATE, 20(6 - 14 TOTAL CONIPLAINTS INVEST'IGAT'ED YEAR TO DATE, 2004 - 17 June 2005 , Page 3 j AL FIELD VISITS THIS MONTH - 120 orm Building Code - 93 l Law and Zoning Inspections - 24 Fire Safety - 3 (2 businesses, 1 church) Fire Safety Reinspections - 0 Fire/Emergency Occurrences - 0 Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 2005 - 532 TOTAL FIELD VISITS YEAR TO DATE, 2004 - 488 'TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 2005 - 2 TOTAL SIGN PERMITS YEAR TO DATE, 2004 - 3 "ZONING BOARD OF APPEALS 1 MEETING, 5 CASES, AGENDA ATTACHED TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS MONDAY, JUNE 204, 2005 7 : 00 P.M. By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, June 20, 2005 , in Town Hall , 215 North Tioga Street, Tioga Street Entrance, Ithaca, NY, COMMENCING AT 7 : 00 P .M . , on the following matters : APPEAL of Coddington Road Community Center, Appellant, Anne Morrissette, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code, to be Granted permitted to construct a pavilion without the installation of a required sprinkler system at 920 Coddington Road, Town of Ithaca Tax Parcel No . 47- 1 - 11 . 3 , Low Density Residential Zone . APPEAL of Rocco Lucente, Appellant, requesting a variance from the requirements of Section Granted 270-71 of the Town of Ithaca Code to allow an existing residence to maintain a 10 foot north side yard setback ( 15 feet required) at 125 Snyder Hill Road, Town of Ithaca Tax Parcel No. 57- 1 -7 . 5 , Medium Density Residential Zone. APPEAL of Cornell University, Appellant, Joseph Bennett, Agent, requesting a variance from the Granted requirements of Section 270-59 of the Town of Ithaca Code, to allow a pavilion to be constructed in excess of a 15 foot height limitation, located adjacent to the McConville Barn on 770 Dryden Road, Town of Ithaca Tax Parcel No . 65 - 1 -5 . 2 , Low Density Residential Zone . A variance from Section 270-60 may also be requested, as the pavilion is not in the rear yard. APPEAL of EcoVillage at Ithaca, Appellant, Francis Vanek, Agent, requesting a variance fro Granted the requirements of Section 271 -9, Special Land Use District #9 of the Town of Ithaca Code, to b permitted to place a bus shelter within the required 50 foot buffer at the intersection of Rachel Carson Way and NYS Route 79 , Town of Ithaca Tax Parcel No . 28 - 1 -26 .22 . APPEAL of Thomas Farrell, Appellant, Orlando lacovelli, Agent, requesting a variance from the requirements of Section 270-62 of the Town of Ithaca Code to create by subdivision a parcel of Granted land with a lot width at the maximum front yard setback of approximately 130 feet ( 150 foot width required) at 923 and 925 Coddington Road, Town of Ithaca Tax Parcel No . 47-2-5 , Low Density Residential Zone. A variance from Section 270-60 is also required, as an existing house located on the land being subdivided, will have a new north side yard setback of 15 + feet (40 feet required) . A variance from Section 270-54 may also be requested to be allowed to maintain two existing sheds at 923 Coddington Road. Said Zoning Board of Appeals will at said time, 7 :00 p.m. , and said place, hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person. Individuals with visual or hearing impairments or other special needs, as appropriate, will be provided with assistance, as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Andrew S . Frost Director of Building and Zoning 607-273 - 1783 Dated : June 10, 2005 Published : June 13 . 2005 O q n Iz � r C C y D t ; _ r 'G n r z D � r r w U C O U W p w 00 .. C �p Co A Co O O c) z :� Z 0 0 0 0 0 0 'f n v on O T n S n O o LA O O o O r Q r z p 0 0 0 0 0 0 z v, z o °o v U r N p z v O O J O O O d o 0 0 0 0 ° 0 0 C) M9 N T w N J U O J O O in 0 CD - O O O O O O O u Lj U O O tJ A N O u j X o 0 o Cl y ox `'bye o � � y id y y N O U U C> U, O O vi O O C O O U Ti O O O O LA U z L Z 0 s j > y p - "7 LA LA O 0 o 0 000000 CIS T C7 z w w a Z O O � w � . w O 000 w Cn ON rn U Q 00 �? J O A w J J w �] w N w A �o w a� p O o 0 O O 0 A in p O �1 r o rj iA c o 0 0 0 0 0 0 0 0 o U v.. C) p 0 0 0 0 0 0 0 p 0 O o Regular Meeting of the Ithaca Town Board , July 11 , 2005 Human Resources Report for June 2005 Personnel Committee : See attached draft minutes from the June meeting . The committee discussed the feedback from the Town Board on the proposed Wage Scale for 2006 . The committee also discussed future topics such as flex benefit maximums , Employer Sponsored Functions policy and health insurance premiums . Safety Committee : Committee met in June to continue discussion on the evaluation of the Public Works Facility. Gail , Fred and I began creating an evaluation tool for the PWF , which was distributed . The committee discussed the need to create an incentive program to keep safety and being safe in the light . The many difficulties with such a program was discussed and will be discussed further in September when meeting resume . Board Policy and Protocol Committee : The committee has completed a first edit of the Town Board Meetings chapter and began work on the Parliamentary Procedures chapter. The committee has been working quite diligently on the manual and should have other chapters out to the Board members to review . During discussion the committee agreed it would be nice if the Town had a liaison to report out to the Common Council and County Legislature . Personnel — Civil Service : The office worked in conjunction with Marnie Kirchgessner, Recreation and Youth Coordinator, to meet with all the students whom are taking on summer youth imitative positions through the Town . A great deal of the time in May , June and July is dedicated to working on the budget . Department Heads received notice that Performance Reviews are due by July 8t" Training and Development : In June two sessions for the Brainteasers Series were offered ; Setting Expectations and Providing Feedback and Staying Positive @ Work . Work has begun on creating the Fall Brainteasers Series . Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : One notice of claim was filed in June regarding sewer inspection for a new home . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA ) : There were 2 claims filed in June regarding injuries to the lower back. The first injury did not result in any lost time or transitional duty . However, the second injury did result in 21 days of transitional duty. Disability Insurance : No new claims on file . Employee Benefit Insurances : Census information was submitted to Doug Bulman , Haylor, Freyor & Coon , for quotes on value added Voluntary Benefits such as short term disability and life insurance . Meetings will be scheduled for the staff in July . Submitted By : Judith C . Drake , PHR , Human Resources Manager