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HomeMy WebLinkAboutTB Minutes 2005-08-01 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, AUGUST 1 , 2005 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NY 14850 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature — Barbara Blanchard 4 . Report of Common Council — Robin Korherr 5 . Report of Fire Commissioners — Bob Romanowski 6 . 6 : 00 p . m . - Persons to be Heard and Board Comments 7 . 6 : 30 p . m . — Public Hearing regarding a proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones 8 . SEQR regarding a proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones 9 . Consider Adoption of Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones 10 . 6 :45 p . m . - Report from the Human Services Coalition 11 . Consider License Agreement with Stephen Lucent to allow continuation of encroachment on sewer easement at 12 Sanctuary Drive (being distributed by John Barney) 12 . Discussion of Parking on Penny Lane 13 . Consider Setting a Public Hearing to provide for Planned Development Zone for South Hill Business Campus 14 . Consider Authorization to enter into an agreement to hire consultant to assist the Town in completing its Transportation Plan 15 . Consider Approval of Funding Agreement with Cornell" University for Transportation GEIS 16 . Consider Appointment of Planner Position 17 . Discuss Community Science Institute funding request 18 . Acknowledge receipt of Southern Cayuga Lake Intermuni N.ipal Water Commission 2004 Annual Operating Report 19 . Discussion of Dog Enumeration 20 . Discussion of Town Committee Structure 21 . Ratify Creation of Committee to Study Building and Zonin 3 Department 22 . Consider Setting Budget Work Session Meeting Dates 23 . Consider Creation of Town Budget Committee ( materials iot available for packet mail-out to be distributed by Councilman Stein) 24 . Consider Appointment to Cornell Plantations Deer Fence ommittee 25 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract c. Bolton Point Abstract d . Declaration of Surplus Equipment and Approval of Sal at Auction e . Position reclassification - Automotive Mechanic Assistant 26 . Report of Town Committees a . Agriculture Committee b . Agricultural Land Preservation Advisory Committee c . Board Policy and Protocol Committe'e1i d . Capital Projects and Fiscal Plannmgi ���� , ommittee i it iii' I e . Cass Park Facilities Intermunicipal-Comr r ittee 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 Commiss on u . Transportation Committee 27 . 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 k . Attorney for the Town 28 . Review of Correspondence a . 7/12/05 letter from Marcia Fort re Greater Ithaca Activities Center Senior Program b . 7/15 letter from William Sczesny re 2006 County Snow and Ice Payment c . 6/30/05 press release from Governor Pataki re revisions to proposed great lakes water management agreements d . May 2005 minutes of the Cable Access Oversight Committee e . 7/20/05 letter from Amy Santos re Environmental Finance Center at Syracuse University survey f. Monthly SPCA report 29 . Executive Session regarding real property acquisition and personnel matters 30 . Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION l I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF PUBLIC HEARING : Considering a Proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones . Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Tuesday, July 15 , 2005 Date of Publication . Thursday, July 21 , 2005 i Tee-Ann Hunter, Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS . TOWN OF ITHACA) Sworn to and subscribed before me this 21St of July , 2005 Notary Public CARRIE WH rMORE Notary Public, State of New York No. 01 WH6052877 CommJssfon Expirres December 2& TOWN OF ITHACA NOTICE OVPUBuC HEARING NOTICE IS HEREBY. GIVEN, .that the Town Board of the Town of Ithaca will hold a' fpublic hearing at 215 North.. 'Ti a° Street, Ithaca, New York ohAhe l sf day of AuJ gust, 2005 at 6:30 p.m. for ' -the purpose of considering a proposed local - law amending the Zoning Chap., iter of the Town of Ithaca 'Code regarding agricultural jand related activities in cer. tain zones. At that time the Town Boatel will hear 'any , jperson interested in.the-- pro. ' )posed local low:- Copies of 1 the ppropPosed local law are. (available at the Town ,Clerk's office at the address )above during regular office. hours: Monday through Fri- day from •8:00 a.m. to 4:00 p.m. , I ' . ';FURTHER NOTICE 15 :GIV " EN that individuals with As- !ual or hearing impairments; o d's r other special nee will ' be provided with assistance . as necessary upon request. , iPersons desiring assistance 'must make a request to the Town Clerk not less than 48 I hours prior to the time of the '_public hearing. I Dated: , July IS, 2005 Tee-Ann Hunter Town Clerk r July 21 , 2005 1 "z 4 ' :3Yt'1 Y, I TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , August 01 , 2005 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION (ictr o f J • S 4e w cA r C 18 P`e N v I oV� e l.o m ry o v ,oLv c� v r n rn v lory r16 w � � � Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Regular Meeting of the Ithaca Town Board Monday August 1 , 2005 at 5 : 30 p. m . 215 North Tioga Street, Ithaca, New York THOSE PRESENT : Supervisor Valentino , Councilwoman Grigorov; Councilman Lesser, Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent; Jon Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Marnie Kirchgessner; Recreation and Human Services Coordinator OTHERS PRESENT : John Barney , Attorney for the Town , Kathryn Stevens , 18 Penny Lane ; Carol J . Stewart , 18 Penny Lane ; Paul Chamandy, 100 Penny Lane ; Joyce Lawrence , 27 Penny Lane ; Ruben Kamp , 114 Penny Lane ; Brian Wilbur, Fire Chief; Bob Romanowski , Board of Fire Commissioners , Peter Meskill , Tompkins County Sheriff CALL TO ORDER : Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 — Report of Tompkins County Legislature Barbara Blanchard appeared on behalf of the . County Legislature and reported as follows : Tompkins County Airport — The County has been making a real effort on improving the service at the airport and getting the passenger numbers up . High rider ship makes it possible for the County to treat the airport as an enterprise operation and have it support itself through contracts with the airlines and other vendors at the airport. They have had better than expected luck with increasing -passenger numbers . The traffic at the airport in June of 2004 was 30 % higher than it was in June of 2005 . That translates to 4 , 800 passengers in June of 2004. to. almost 6 , 300 in June of 2005 . The business community, Ithaca College , and Cornell posted a revenue guarantee . In order not to have to utilize this revenue guarantee to assist Northwest with any deficits , they needed to collect a little bit over $440 , 000 a month . At this reading , they are $69 , 000 over that . Ms . Blanchard distributed an airfare help sheet and a "fly Ithaca" decal to the Board . Ms . Hunter agreed to distribute these materials in the lobby of Town Hall . Communications Project — The technical work on developing the final contract with Motorola is proceeding on a parallel track with the environmental impact work . The County expects to have both these things come together by the end of the year. Joan Jerkowich is going to be heading up the environmental review process and Lee Shurtliff is responsible for a lot of the technical stuff. Transfer Tax — The County Legislature passed a resolution requesting that the State allow the County to institute a transfer tax on real estate . At the present time there is a $4 . 00 per thousand assessment to the seller on a real estate sale . All of that money goes to the State of New York. The County has asked to be given the authority to collect up to $2 . 00 per 1 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 thousand on the sales and have that money dedicated to general transportation , including transit , highway and bridges . Emergency Planning — Ms . Blanchard distributed file folders with emergency information to the Board . They are the product of a consortium working on emergency planning . Mr. Carvill asked Ms . Blanchard to estimate how much revenue the proposed transfer tax would generate . Ms . Blanchard estimated $400 to $ 500 thousand dollars of revenue from a 2 % transfer tax . This , of course , will depend on what the sales are . Help America Vote Act — Supervisor Valentino asked that the Cou 1 ty keep the Towns in the loop regarding possible charge backs . It is important for the County and the Towns to work together to agree how charge backs should work and what they should be . She reported having heard from Steve Whicher regarding storage of the machines that the County will have to find space , maybe buy a truck , maybe renovate the old library . Supervisor Valentino asked that the County and Towns together think about this because the Town of Ithaca may well be able to provide storage space for all the County' s macfj Ines at almost no cost . Additionally , they should explore using municipal trucks to help get the machines to the polling places . Supervisor Valentino saw this as a big opportunity for Intermunicipal cooperation . Agenda item No . 4 — Report of Common Council Robin Korherr was not present for the meeting . Agenda Item No . 5 — Report of Fire Commissioners (Attachment #1 — written report) Bob Romanowski appeared on behalf of the Fire Commission and read his monthly report to the Board . Fire Chief Wilbur appeared before the Board for discussion of the Fire Department' s 2006 budget . Councilman Stein had two questions regarding overtime : ( 1 ) Does the staff, on balance , like the overtime or do they not like it , and at these levels does it become a morale problem ? (2 ) Would more staff reduce the need for overtime ? Mr. Romanowski stated that you approach the point of burnout with some people that are used extensively . To the second question Mr. Romanowski stated that , yes , additional personnel would probably cut back on the amount of overtime . Chief Wilbur reported that several things have driven this year' s overtime budget . It' s an unusual year. The department has been extraordinarily busy (with emergency service demands . This year extraordinary incidents alone have cost the department about $ 125 , 000 . That figure includes overtime , consumables , supplies , and wear and tear on equipment . In addition there have been staff shortages due to injuries , illnesses , and military service that have created a number of vacancies that must be filled . A drain on staff and an effect on morale are beginning to be seen . 2 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Regarding the hiring of additional personnel , Chief Wilbur stated there were a couple of ways to look it. If the department were to hire additional personnel and increase minimum staffing , have more people on duty at any given time (something Chief Wilbur would like to do) , it wouldn 't have any appreciable effect on overtime . If, however, they were to hire additional personnel and not increase minimum staffing , just have more people available to work at the staffing level they are currently at , it would decrease the overtime expense . Mr. Wilbur felt they were at a point where they need to look seriously at this . Councilman Lesser asked if the current drought presented any danger of wild fires in the Town and if there was anything the Town should be doing to advise people . Mr. Wilbur stated they are seeing sporadic brush fires , which normally they do not see at this time of year. If this trend continues problems may present themselves this fall . Regarding the May 2005 report , Councilman Engman asked for clarification of "dollar lost by day of the week" on the statistical summary . Chief Wilbur explained that the loss being measured is the loss due to fires . Chief Wilbur told the Board that the Ithaca Fire Department has a disproportionately high rate of false alarms . Because of the nature of our community we have a very high proportion of buildings that are protected by fire detection and alarm systems , Cornell and Ithaca College being two primary customers . These systems are doing what they are supposed to do , they are detecting an abnormal condition , and the fire department gets called . The Ithaca Fire Department' s false alarm rate is about twice the State average and three times the national average . The other high level of activity is emergency medical and rescue calls . Chief Wilbur reported that it was budget season in the City and , as has been the case for the last 12 or 15 years , it's not pretty. The Department should have a proposed budget for submission to the Mayor later in the week. Prior to that , the proposed budget must come before the Board of Fire Commissioners for their review, possible changes , and adoption . Upon adoption the budget is submitted to the Mayor and a copy sent to the Town . The Mayor will use the Fire Department and other department budgets to develop her budget for submission to Common Council by October 1St . Common Council will hold hearings throughout the month of October and ideally adopt the budget at their first meeting in November. Chief Wilbur told the Board " it doesn 't look good " . The City is struggling financially along with a lot of local governments . The Department is asking for personnel , as they have for the last several years , but Chief Wilbur thought the overtime expenditures they are facing this year are so unusual that discussion may change a little bit because adding personnel may allow the department to reduce cost if they don 't increase minimum staffing . Per the Mayor' s request the department will be delivering proposed budgets with 0 % , 3 Y2% and an optional percentage increase . The , 0 % and 3 Y2 % proposals , in light of fuel and contractual increase , will require cutbacks . Chief Wilbur told the Board the Fire Department needs to engage in a comprehensive strategic planning effort. The last one that occurred was in the 1980s . There has been infrastructure growth coupled with both residential and commercial growth in the fire district , but there has not been much growth in the fire department. Chief Wilbur feels strategic planning is important . The Town needs to hear from the Fire Department where they think 3 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 they need to be in order to provide the level of protection we are used to or that we want . The best way to do that is to have a comprehensive strategic planning effort . Chief Wilbur will be asking for additional monies in his budget proposal to help the Fire Department accomplish strategic planning . The Department is also working on revenue and cost recovery wherever it is legal to do so . One of the more controversial areas is in the technical rescue . If the Department expends several thousands of dollars to go into a gorge and effect a rescue of an individual , they are looking at whether or not it' s appropriate and legal for the Department to assess the costs to the individual involved , particularly if they violated a law or a regulation . Councilwoman Gittelman asked if the Department's response time has increased , if so how much , and what their optimum response time would be? Chief Wilbur told her their goal is a 4-minute response time . They are a little over that most of the time . National standards would have a 6-munite maximum time for 95 % of the district . They are finding that the further out they go , the less time they are available to respond to other calls in other areas of the district. In each of the Department' s 4 stations they have one engine in service . So , if they all go to West Hill , there is nobody downtown immediately available Ito cover calls . They have had groups of Cornell graduate students do some sophisticated computer modeling to help them look at what' s happening . They are finding incremental increases in response time . As growth increases Chief Wilbur expects , if they don 't make changes , to see that trend increase . One of the things Chief Wilbur is proposing by adding 10 firefighters is to put an additional engine in service downtown so there is an overlap of coverage . Another thought is to locate an additional station to help provide more timely response , especially to the southwest area of the Town . Mr. Romanowski told the Board that the Fire Commission is investigating taking part in the County' s volunteer firefighter training this fall . Because of budget constraints the Fire Department does not have a training officer. A training officer would alleviate a lot of the problems that the Fire Department has now . They had one until 1992 . It was taken out and has never been replaced . Mr. Frost asked if there has been any research indicating that an increase in State building code regulations correlates to a decrease in fires ? Chief Wilbur told him the short answer is , yes , and the effect is positive . The reason for most of the codes is a series of bad fires in the 70s and early 80s . If you look at statistics for New York State or for the Ithaca community specifically , we can point to a correlation between increased and more effective enforcement of building and fire codes and reduced fire loss , injury , and death . Regarding false alarms , Councilman Stein asked if the high number was due to malicious or equipment failures? Chief Wilbur responded stating our rate of !malicious false alarms is actually pretty low . Ithaca College has a very stiff penalty for anyone caught and convicted of a false alarm and Cornell goes after possible offenders pretty aggressively as well . At the same time , Cornell followed by Ithaca College , spent a treme ,dous amount of money producing new technology in their residents life facilities , which were instrumental in reducing false alarms significantly . They have since been utilizing that same technology in some of the other facilities as well . A lot of the alarms are caused by contractors . They have . been focusing on that in the City and have an ordinance relating to contractor caused alarms 4 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 because a lot of the activities they do , such as sanding sheet rock and soldering , will result in a false alarm . However, most of the alarms are detectors activating for a purpose related to what they were designed to do , but for the wrong reasons (steam from a shower, dust from sheet rock , dust from maintenance and cleaning operations) . The Department is engaged in an ongoing effort to deal with false alarms . Chief Wilbur felt the high number of false alarms is because of the high number of buildings that are protected as compared to other communities . There were no further questions from the Board and Supervisor Valentino .thanked Chief Wilbur for attending the meeting . Agenda Item No . 6 — Persons to be Heard and Board Comments Penny Lane Sheriff Meskill was in attendance to hear concern's regarding Penny Lane . Kathryn Stevens , 18 Penny Lane Ms . Stevens referred the Board to an email from Alan Kerison stressing the neighborhood ' s position that the problem is primarily lack of enforcement. Ms . Stevens stated she had no problem with kids coming and using the gorge ; she does , however, have a big problem with them being noisy, disrespectful , and leaving their garbage behind . She reported that the Commonland Board members are in favor of resident only parking and speed bumps . Additionally , the community members would like whatever is done on Penny Lane to be extended to Lois Lane as well Supervisor Valentino invited Sheriff Meskill to come forward to discuss the problem . He asked for a description of the problem . . Supervisor Valentino told him parking was one and , as she and Sheriff Meskill had discussed , many of the cars parking on the street could be ticketed or towed under existing regulations . Sheriff Meskill warned that if residents are parked on the street and they begin ticketing and towing they would be facing a court fine and $ 80 or $90 tow bill . Ms . Stevens reported other problems include littering , illegal parties , drinking , drugging , speeding , and drag racing . In response to questions from Sheriff Meskill , Ms . Stevens stated the problems generally begin after noontime . . Councilman Lesser asked if it was reasonable to expect that, if the Town enacted some kind of restriction , there would be a sufficient * . amount of enforcement that it would change behavior? Sheriff Meskill thought they could accomplish it but added it's going to take an effort by the residents to also notify the Sheriffs department. He told the Board that his department could be in there during certain times of the day and early evening if that is when the problem is . In response to a question from Sherrif Meskill , Ms . Stevens reported that the problem continued after dark , people ignore the posted closing time . Councilman Burbank reported having visited the area last weekend . One of the things he discovered is that it is virtually impossible to park on Penny Lane legally. Because of that , Sheriff Meskill could indeed begin ticketing . Mr. Burbank suspected that residents and their 5 Regular Meeting of the Ithaca Town Board August 11 2005 Approved September 12, 2005 guests would be affected by the ticketing and felt the enforcement may not necessarily be welcomed . Mr. Burbank stated he did not see the level of garbage that Ms . Stevens reported , unless someone had been out before him picking up . He stated he finds more garbage in his own neighborhood than he happened to find during his visit to the area . His interactions with people in the gorge , by and large , were very positive . While he has no doubt that there are rude people , he also noted that there were a lot of people using the area in a positive way and were perfectly respectful . One concern Mr. Burbank stated he has is that if we really start getting forceful in terms of limiting parking at this site , he suspects the next place that people will be parking is up on Route 79 . He is concerned that parking adjacent to Pine Tree Road is a pretty dangerous situation in terms of the other hazards that already exist at that intersection . Mr. Burbank felt there was a need for people to have access and a place for people to park and the Town needs to address that as a separate issue , but we cannot just endlessly say , you can 't park here because people will find someplace and it will create new problems . Supervisor Valentino interrupted the discussion to open a public hearing . Agenda Item No . 7 - Public Hearing regarding a proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones Supervisor Valentino opened the public hearing at 6 : 30 p . m . and returned to discussion of Penny Lane . Ms . Hunter stated the meeting had been published and posted as required . Agenda Item No . 6 — Persons to be Heard and Board Commen I continued The Board and Sheriff Meskill discussed beginning ticketing now. The Sheriff cautioned that residents and their guests might become unhappy when they begin receiving tickets . Councilman Stein thought the Sheriff' s Department should begin ticketing . Mr. Burbank felt it would be reasonable to begin ticketing , especially near the City' s defined entrance area to the mid-level gorge where parking would create a public safety issue . Mr. Burbank thought they needed to recognize that where they ticket they will be pushing the parking to the next point out and reiterated his concerns about parking on Route 79 . While he was completely sympathetic to the desire to do something he felt they needed to recognize that there would be unexpected consequences . Mr. Frost asked why the City didn 't pick up their enforcement of the area with regard to illegal swimming . Supervisor Valentino told him they did not have jurisdiction because the land was in the Town of Ithaca . Carol Stewart Ms . Stewart spoke to the Board from the audience asking that there be enforcement of the existing regulations . She did not feel the parking would be such an issue if there weren 't the alcohol , the profanity , and the loud music . . If these problems had some level of enforcement she didn 't feel the parking to go to the gorge for a swim is the main problem . 6 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Mr. Chamandy reported his understanding that some 20 people were arrested for swimming over the passed weekend . Councilman Lesser asked that Mr. Noteboom and Mr. Walker look at the possibility of putting in speed bumps to address the problem of speeding . Supervisor Valentino brought the discussion to a close stating that they would begin ticketing and see what kind of an effect that will have . They will talk about the speed bump at the Public Works Committee . She and Councilman Stein will be having a meeting with the City to discuss how they can work together to solve the problems . A resident from the audience alerted the Board to an additional problem , the overgrowth of brush at the entrance to Penny Lane that is obstructing the view coming in and going out . Councilwoman Gittelman added that the signage was also very bad . Agenda Item No . 7 - Public Hearing re rding a proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones (continued ) There was no one present to address the Board and Supervisor Valentino closed the public hearing at 6 :44 p . m . TB RESOLUTION NO . 2005-107 : SEQR : Proposed Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones (Attachment #2 — SEQR) WHEREAS , this action is the enactment of a local law amending the Zoning Chapter of the Town of Ithaca Code regarding agricultural and related activities in certain zones ; and WHEREAS , said proposed local law would amend certain sections of the Zoning Chapter to include the following : new definition of "commercial composting facility" (Sec . 270-5 ) ; revision of the definition of "farm " (Sec . 270-5) ; addition of "equestrian facility" as a use permitted by special permit in the Conservation Zone (Sec. 270- 12) ; increase in size of roadside stands from max . 500 square feet to max. 3 , 000 square feet (Sec. 270-26) ; clarification of " research facility" allowed by special permit in Agricultural Zone (Sec . 270-27) ; revision and clarification that any lot in the Low Density Residential Zone , regardless of size , if located within a County Agricultural District , can be used for any lawful farm purpose (Sec . 270-54) ; revision in height limitations regarding agricultural buildings and structures in County Agricultural Districts (Sec . 270-59) ; and addition of a provision allowing non-conforming farms in MDR Zones to be enlarged , increased , or altered upon receipt of special approval rather than by variance (Sec . 270-214 . 1 ) ; and WHEREAS , this is an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQR) 6 NYCRR Part 617 and Chapter 148 ( Environmental Quality Review) of the Town of Ithaca Code , for which the Town of Ithaca Town Board is acting as Lead Agency in conducting an uncoordinated environmental review with respect to the enactment of the above-described local law; and 7 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 WHEREAS , the Town Board , at a public hearing held on August 1 , 2005 , has reviewed and accepted as adequate the Short Environmental Assessment Form ( EAF) , Parts 1 and 2 , for this action , prepared by the Town Planning staff; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance wit h the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , absent. Motion carried . Agenda Item No . 9 - Consider Adoption of Local Law Amending the Zoning Chapter of the Town of Ithaca Code regarding Agricultural and Related Activities in Certain Zones (Attachment #3 — Local Law No. 2 of 2005 ) Councilman Lesser asked for the justification for the 6-time increase in the size of roadside stands from 500 to 3 , 000 square feet. Councilman Engman told him the Agriculture Committee was very much in favor of having no size limitations whatsoever and that is what they asked for. The Codes and Ordinances Committee believed there ought to be some limits in size and 3 , 000 square feet was a middle ground . Mr. Engman stated he thought the Committee felt it was highly unlikely the Town would get another direct marketing type operation that would be this size . He felt there were enough safeguards that it created a feeling of security on the part of the agricultural community but also on the part of protecting other types of neighborhoods against a large commercial operation ] Councilwoman Grigorov reported another concern of the Agriculture Committee was that they wanted to be able to get together and sell their produce . The previous regulations stated that roadside stands would primarily sell produce from the farm on which they sit , but the farmers argued that sometimes , in order to be viable , they have to be able to sell stuff from other farms . The other argument was that a lot of the stuff sold in roadside stands is very bulking , such as pumpkins , so you need a fair amount of floor space . TB RESOLUTION NO . 2005-108 : Resolution Adopting a Local Law Amending Chapter 270 (Zoning ) of the Code of the Town of Ithaca Regarding Agricultural and Related Activities in Certain Zones WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town Board on August 1 , 2005 , at 6 : 30 p . m . to hear all interested parties on a proposed local law entitled "A LOCALI LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING AGRICULTURAL AND RELATED ACTIVITIES IN CERTAIN ZONES " ; and 8 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , the adoption of this local law is , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the New York State Environmental Conservation Law (which law and regulations thereunder, including the Town ' s local law, are collectively referred to as " SEQR") an Unlisted Action , and it has been determined by the Town Board that adoption of said proposed local law would not have a significant effect upon the environment and could be processed without further regard to SEQR ; and WHEREAS , the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING AGRICULTURAL AND RELATED ACTIVITIES IN CERTAIN ZONES" a copy of which is attached ; and it is further RESOLVED , that the Town Clerk be and she hereby is directed to (i) enter said local law in the minutes of this meeting and in the Local Law Book of the Town of Ithaca , (ii) cause a copy or abstract of such . local law to be published in the Ithaca Journal as required by law ( including Section 265 of the Town Law) , and ( iii ) file a copy of said local law with the Secretary of State of the State of New York . Moved : Councilman Engman Seconded : Supervisor Valentino Vote : Supervisor Valentino Voting aye Councilperson Grigorov Voting aye Councilperson Lesser Voting aye Councilperson Burbank Voting aye Councilperson Engman Voting aye Councilperson Gittelman Voting aye Councilperson Stein Voting aye Agenda Item No. 10 = Report from the Human Services Coalition Kathy Schlather appeared on behalf of the Human Services Coalition and reported as follows : 9 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 While today was Ms . Schlather' s first day as Director of the Human Services Coalition , it is not her first day in association with the Coalition . She told the Board she has been a board member and otherwise affiliated with the Coalition on and off for ten years . The Coalition is made up of three different programs : information referral , health planning council , and human service planning . Information Referral is run by one full time staff person who has a group of volunteers that man the phones and do the technical work . The Coalition produces the Human Services Resource Directory, a list of all non-profits in Tompkins County . Staff handles about 3 , 500 calls per year and the website gets 3 or 4 times as many hits . Information Referral also manages Volunteer Tompkins , part of the Coalition ' s website , where people who have time to volunteer can look for opportunities and volunteer opportunities can be posted . Health Planning Council — Does planning to improve the health of Tompkins County residents . They have a number of new initiatives . They have a Tompkins County Health Network , which is a State grant to help people obtain prescription drugs . Their big push is prescription drugs . It helps people find lower cost medication , talks about a lot of different resources that you can use . The big thing they had was the Tompkins Rx Cards that have been out in the community since January . They figure there has been $ 8 , 600 saved by using the cards throughout the County , about 5 , 600 prescriptions where people have applied the discount card . They have done a very good job blanketing the community with the Tompkins Rx Cards . One of the big things that the Health Planning Council does is look how they can address unmet needs and one of the needs that they identified is that a number of people go to the hospital and go to Convenient Care who don 't have insurance . They' re treated at the hospital , but then have no money for the prescription . So they have gotten a matching grant that is being run through United Way called Urgent Rx . It will provide prescription medication through Cayuga Medical and Convenient Care for people who have no other insurance to pay for their prescriptions . They also promote health care . They are trying to promote young people going into health careers because there is going to be such an identified lack of nursing and home health aides in the future . They are partnering with Cayuga Medical for community-wide health promotion . They are doing a big promotion to get people to lead healthier lives . They also got a grant for benches along the waterfront trail . Their newest grant is called Sharing Your Wishes . It's for advanced care planning they are going to do throughout the County . They will talk to people about the last phase of their life and what type of health care they want . A guide to potential eligibility , mostly for human service and professional workers that they can use with clients to talk about some of the programs people might be eligible for. 10 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 The last program is Human Service Planning . Human Service Planning does oversight and coordination for the Human Service community in Tompkins County . They run the Human Service Forum , which happens once a month . It is where planners and agency heads get together, coordinate , talk about issues . They do the same for the homeless and housing task force . They meet six times a year for people who deal with housing . This year they focused on discharge planning , tried to coordinate discharge planning to get people services so they don 't end up in shelters . They do capacity building with agencies . They do needs assessments . This year they put out a Space Directory that lists the meeting spaces in the community . One of the things that people use and look forward to is the salary and benefit survey that provides salary and benefit information from local agencies . Councilman Burbank asked how many people were currently working for the Coalition . Ms . Schlather told him there were two people who staffed the . Human Service Planning , Betty Felca does the Health Planning Council ; she has hired two people because of the grant she has gotten but they are temporary grant funded positions . Carol Farkas is the person up front who takes phone calls and helps run the agenc . Ed Swazey is information referral . There' s really just one person per program . They do a whole lot with students , probably have 4 or 5 college student working with them every year. And they do an awful lot with volunteers . Mr. Burbank asked what their total budget was . The agency' s budget is about $ 350 , 000 and then the County money for agencies runs through the Coalition , but it is not their budget. Councilman Lesser asked for information outlining the flow of funds to and the interrelatedness among the various agencies within the County. Ms . Schlather told him that was one of the things they have been talking about trying to do to make it clearer to people where people are getting funding . Agenda Item No . 11 - Consider License Agreement with Stephen Lucent to allow continuation of encroachment on sewer easement at 12 Sanctuary Drive (Attachment #4 — Letters from J . Barney ; Letter from David Tyler ; Encroachment License) Attorney Barney explained to the Board that the sewer main that goes across the back of the property is in an easement that is either 10 or 20 feet wide . Steps from a deck are over the sewer main and a good portion of the building probably encroaches into the 20-foot easement , 10 feet on each side of the line . We have had this situation in other areas of the Town and rather than requiring the homeowner to remove the house and remove the steps to get it out of the easement area we 've entered into a license agreement with the homeowner which basically says we permit that to be there as long as it does no interfere with the Town ' s ability to use the easement in a way we need to use it . If it does start to interfere with it , upon the direction of the Town Engineer, the encroachment has to be removed . It also provides that in the event that the encroachment is removed anyway , the house burns down or something like that, any reconstruction will not involve reconstruction over the easement. Mr. Burbank asked when the house was built and why the problem was not picked up earlier. The house was built in 1996 . The attorney responded stating that the transfer of the property generated the first survey of the property . The matter came up when they were before the Zoning Board of Appeals on a setback issue , which the Zoning Board granted a variance on contingent upon coming before the Town Board and obtaining a license agreement. 11 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Councilman Engman asked if the buyer was aware that , if there were an emergency and the steps have to be removed the entire cost reverts back to the buyer . The attorney responded that the stairs are rather readily movable and the feeling was that the chance of the line failing there is fairly remote . TB RESOLUTION NO . 2005- 109 : Resolution Authorizing the Town to Enter into a License Agreement with Stephen Lucente for a Sewer Easement Encroachment at 12 Sanctuary Drive WHEREAS , the Town of Ithaca owns a sanitary sewer easement which crosses property owned by Stephen Lucente at 12 Sanctuary Drive in the Town ; and WHEREAS , the building on 12 Sanctuary Drive encroaches approximately 13 feet into the area covered by such easement; and WHEREAS , Mr. Lucente wishes to obtain a license for the continuation of such encroachment ; and WHEREAS , a draft of a proposed license agreement has been provided to the Town Board for review and consideration ; NOW , THEREFORE , be it RESOLVED , that the Town Board does hereby determine , pursuant to Part 617 of the Implement Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act [SEAR [) , that execution of said proposed agreement is a Type II action , constituting " routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and thus may be processed without further regard to SEQRA ; and it is further RESOLVED , that the Town Board finds that the granting of t il e proposed license will not adversely affect the Town ' s interest in said sanitary sewer right of way ; and it is further RESOLVED , that the Town Board approves the above referenced agreement , a copy of which has been submitted to and reviewed at this meeting , and hiereby authorizes and requests the Town Supervisor or Deputy Town Supervisor to execute such agreement on behalf of the Town with such changes therein as either of them may , with the advice of the Town Highway Superintendent , Town Engineer or Attorney for the Town , deem necessary or desirable in furtherance of the interests of the Town . MOVED : Councilman Engman SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . 12 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 The applicant' s attorney stated that the title transfer had occurred last Friday and he asked whether the Town would prefer to have the buyer or Mr. Lucente on the agreement. Mr. Barney asked that both the buyer and Mr. Lucente appear on the agreement. OTHER BUSINESS State Archives and Records Administration Grant Supervisor Valentino reported that the Town had been awarded an $8 , 607 . 00 records management grant and asked for the Board ' s authorization to accept the grant money. She thanked Ms . Hunter and Marnie Kirchgessner for their work on the grant application . TB RESOLUTION NO , 2005-110 : Consider Acceptance Of Local Government Records Management Improvement Fund Grant WHEREAS the Town of Ithaca applied to the New York State Education Department for a Local Government Records Management Improvement Fund Grant ; and WHEREAS the Town was awarded $8 , 607 . 00 to hire a program coordinate and student researchers to extract historic information from Town records and make it available to the public ; now therefore BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes Supervisor Valentino to sign the Grant Acceptance Form and accept the funding on behalf of the Town . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Budget Community Advisory Panel Supervisor Valentino brought the Board ' s attention to materials included in their packets from the Budget Community Advisory Panel . Agenda Item No . 6 = Persons to be Heard and Board Comments Supervisor Valentino opened the floor for comments from the Board . Office Correspondence Councilman Lesser thanked Ms . Hunter and Supervisor Valentino for providing him with a packet of correspondence pursuant to a request from Councilman Stein , but stated he did not feel the need to receive such correspondence on an ongoing basis . 13 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Board Mediation Referring to correspondence regarding Board mediation Councilman Lesser expressed his willingness to participate and moved that the Board proceed with such an initiative for anyone wanting to participate . Councilwoman Gittelman enthusiastically seconded the motion stating she agreed the issue was a Board issue , not a personal issue . Councilman Engman stated he had communicated that he did not think this was an appropriate way to handle public policy and public business . He stated that governments have worked out their differences among themselves for hundreds , if not thousands , of years and did not see how bringing in an outsider who doesn 't understand the dynamics or the issues involved has any usefulness whatsoever. He stated he did not feel it was an appropriate venue for mediation . Councilman Stein stated the last outsider the Town brought in was at a retreat where he thought they talked about many of the same things and he tho Nght that mediator was a complete fiasco . He thought the mediator did not understand the issues and they would have been better off without him than with him . He thought the whole thing ended up as time spent and not very much good coming out of it . If the Board wanted to have a meeting to talk about the dynamics of the Board they should have such a meeting ; I it should be chaired by Supervisor Valentino in the usual way . He did not think they needed a mediator and he felt it was public business and should be a public meeting . He was opposed to having the meeting private and he was opposed to having it with a mediator who doesn 't understand Town Board business . Councilwoman Gittelman stated she did not think the people from CDRC are the same kind of people as the mediator the Board had used previously . She thought the CDRC people were trained to listen to what the issues are and she did not feel it was a political issue . She felt these were interpersonal dynamics that the Board needs to iron out . She thought the Board needed someone to help them do that . Ms . Drake pointed out that the retreat was not designed to be a mediation . It was designed to be a retreat for strategic planning . The Town did not hire a mediator, his scope was not mediation , his scope was strategic planning . Ms . Drake felt they never completed that effort . Councilman Burbank stated he was a little more receptive to the idea of mediation when C p there is conflict . In general he felt it was a good thing . However,1 Mr. Burbank stated he' s been convinced that in this particular case it would not be the best course . He encouraged the Board to interact civilly and felt that they generally do , but recognized that they will have disagreements , sometime passionate disagreements , and he thought that was actually healthy . His experience with the Board is that generally people have treated one another civilly . They should be striving to do that . If the Board feels they Ihave stepped over some boundaries they need to deal with each other on a one to one basis and try to make that right . He felt they would have disagreements and that it was perfectly legitimate to do so . Councilwoman Grigorov stated her understanding that CDRC was completely different from the facilitator used earlier. She recalled a session run a few years ago by CDRC between the Town and County stating she thought that had been very good . 14 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Supervisor Valentino told the Board Camille Tischler from CDRC would be working with them . She is very familiar with how the Town functions and has worked with staff on a regular and ongoing basis . They would not be bringing somebody in that is not familiar with the organization . She asked that the Board vote on the issue and either move it forward or put it to rest . Councilman Stein requested a moment to make another comment stating , " let' s make it all pubic , this is a dispute between Cathy and me . It's a dispute that I don 't understand . I don 't understand what Cathy's complaints are . " He told the Board he has "thrice over the past week" invited Cathy to speak with him on a private basis because he is committed to trying to work out whatever the problems are . He stated he did not know what the problems were and felt that two adults ought to be able to sit down and talk about things without involving an outside person that they have to pay and ask the rest of the Board members to attend . If the two of them come to a place where it becomes clear that he and Cathy have irreconcilable differences that have to be mediated , then perhaps that will be the right thing to do . Councilman Stein thought it was silly to go ahead with this when at least one of the two is perfectly pleased to sit down over lunch or any other time and discuss the matter. Supervisor Valentino asked that they vote upon the motion . Councilman Stein stated he would like to make a substitute resolution . There was disagreement about whether it was appropriate for Mr. Stein to introduce a substitute motion and whether the earlier motion had been called . The issue was briefly debated and culminated in Councilman Engman banging on the table and loudly stating , "Wait a minute , wait a minute , he can amend this motion " . There was discussion regarding whether a substitute as opposed to amended motion was allowed . Councilman Stein stated that pursuant to Roberts Rules of Order, which he told the Board was generally the default set of rules for any meeting , a substitute motion is a form of an amendment and is in order whenever an amendment is in order. Supervisor Valentino asked that Mr. Stein make his substitute motion . Councilwoman Gittelman moved a vote on the motion . TB RESOLUTION NO , 2005-111 : Board Request for Private Meeting Between Councilman Stein and Supervisor Valentino BE IT RESOLVED that the Town Board asks Supervisor Valentino and Councilman Stein to meet privately and discuss their differences before going ahead with mediation . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , nay ; Councilwoman Grigorov , nay ; Councilman Lesser, nay; Councilman Burbank , aye ; Councilwoman Gittelman , nay; Councilman Engman , aye ; Councilman Stein , aye . Motion denied . Prior to voting on the proposed resolution in favor of mediation , Councilman Stein asked if the mediation would be in the context of a closed or open meeting and voiced his preference for an open meeting . Councilman Burbank stated he thought it would have to be an open 15 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 meeting . Attorney Barney stated it would depend upon the topic . Supervisor Ve !pntino did not think it was necessary to do so in open session , but thought they could figure it out as they went along . She felt they could start publicly . With all due respect to what he thought was a positive desire to try to improve relations on the Board , Councilman Burbank felt the Board had , by introducing the motion , interjected a real changed mood in the evening ' s discourse and he was sorry to have seen it. Mr. Burbank conceded that it looked as though the motion would pass and then the Board will be faced with the question of what they are really accomplishing . If the dynamic is one of friction and there is a conflict within the Board , effectively it is between two groups , forcing mediation doesn 't work . Councilman Burbank stated mediation only works when you have two parties , two groups , working together out of a mutual desire to make it work . Councilwoman Gittelman stated she thought the CDRC mediator could help people find something that each person can get out of the mediation , that is the whole modus operand of mediating , so that everybody feels that they are getting something , it makes it worthwhile to support whatever has been decided by all the parties . Councilman Lesser stated that what has happened over the last few minutes is exactly an indication of why the Board needs to do something . He did not know whether this was the best approach , but the effect would certainly be minimized if not everybody participates . He hoped that at the very minimum the Board could agree upon some sort of procedural process that would enable the Board to avoid some of the friction , whatever it would take so that the Board can function and get the public' s business done and not spend the time on internal strife . Councilman Engman stated that was exactly why the Board appointed the Protocol and Procedures Committee . The Committee has been doing it' s work that will lay out procedures that will greatly reduce the friction because then everybody will know what rules the Board is playing by. Mr . Engman felt the Board was short-circuiting that process by insisting upon mediation . Mr. Engman suggested the Board wait until they had the manual before them , they can debate it and agree upon it , and everybody will have to abide by the rules established . Supervisor Valentino , as a point of clarification , stated her understanding that the Committee ' s charge was to identify the current procedures . Supervisor Valentino asked that the Board vote on the resolution and move on . TB RESOLUTION NO . 2005-112 : Request for CDRC to Work With The Board BE IT RESOLVED that the Town Board of the Town of Ithac I, using CDRC , move forward with mediation for anyone interested in participating . MOVED : Councilman Lesser SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , nay ; Councilwoman Gittelman , aye ; Councilman Engman , nay ; Councilman Stein , nay . Motion Carried . Councilman Stein reiterated his desire that the meeting be made public . Supervisor Valentino stated she had no problem with making the first meeting a public meeting and see where the Board should go from there . Ms . Valentino asked if anyone was opposed to that? Councilwoman Gittelman stated she was not opposed to it , but thought they might want to check with CDRC . 16 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Elm Street Extension / Coy Glen / Westhaven Councilman Burbank spoke of the accident last month at the intersection of Coy Glen and Elm Street Extension and Westhaven Road . Three people went to the hospital . It happened when a young man ran through a stop sign , hit another car, which in turn hit a car that was waiting for a stop sign . The accident set in motion a series of I& remediative11 steps that are continuing . One part of the problem is vegetation that is on private property in the right-of- way . Mr. Burbank has learned that roads have different categories based on the legal status of rights-of-way and that we as a Town have less ability to direct homeowners to remove vegetation if it is in certain forms of rights-of-way . Mr. Burbank suspected there are a number of cases in the Town where this is an issue . He wanted the Town to take a look at this question of vegetation and whether the Town can do anything to strengthen our ability to require homeowners to remove vegetation if it poses a safety hazard . Supervisor Valentino thought this was an issue for the Public Works Committee . Supervisor Valentino and Councilman Burbank reported that the homeowners for the properties involved in the recent accident are working with the Highway Department and have agreed to remove the vegetation . Residents ' Parking for Penny Lane ( At t achment # 10 - Legal Memo from J . Barney ) Attorney Barney reported that he had spoken with Marty Luster who advised him the Town would need special State legislation to authorize residential only parking . Mr. Barney conducted his own research to find why the Town would need special State legislation and found an old court case that seems to say that you have to treat everybody equally with respect to public roads so that you can 't discriminate in favor of neighbors versus non- neighbors if they involve public roads . However, the State of New York in the case of the City of Ithaca and in the case of 5 or 6 other cities and villages , and a couple of towns , has authorized these kinds of permits . Mr. Barney is trying to figure out why the State of New York has said they are constitutional when they have this case that says it' s not constitutional . From this he kind of concludes that if the State of New York is right we ought to be able establish resident only parking and probably don 't require State legislation to do it . The Town could wait until they got State legislation , which Mr. Barney assumes would occur sometime not too long after the first of the year or, if the Board wanted to act in advance of that, they could adopt legislation under the municipal home rule law while simultaneously applying to the State Mr. Stein asked if State legislation would be needed for every new instance of resident only parking . Mr. Barney told him the State legislation that he has seen is site specific. Mr. Stein asked Mr. Barney what he would recommend if the Board wanted to grant this kind of relief to the residents of Penny Lane . Mr. Barney stated he would recommend that the Board instruction him to prepare the legislation and put it before the Board for adoption while simultaneously requesting State legislation authorizing resident only parking . Mr. Stein moved that the Town instruct Attorney Barney to draft legislation for. permitted parking on Penny Lane . Supervisor Valentino seconded the motion . Councilwoman Gittelman stated she was under the impression from earlier discussion that the residents wanted to begin with ticketing cars . Ms . Stevens stated she felt residents would really appreciate permitted resident parking only . 17 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Councilman Lesser asked if there was reasonable possibility that a system like this could be in place for summer of 2005 ? Mr. Barney told him t would be unlikely . The earliest the Board could hold a public hearing would be September. Councilman Lesser asked if the Board were to consider such legislation that they simultaneously consider the types of situations in which the Town might consider resident only parking to be approp date . He anticipates that the Town will get a lot of neighborhoods that are going to request resident only parking and the Town needs to think a little more systematically about when it is justified before the individual cases come forward . Supervisor Valentino asked if this was something the Transportation Committee could undertake . Mr. Lesser replied the committee was meeting on Thursday and he would see what they could do . Councilman Burbank agreed with Mr. Lesser and encouraged the Board to give thought to developing criteria , and answer questions such as how to deal with resident visitors . He did not want to set into motion something that would have undesired side effects . Councilman Stein encouraged the Board to go through the process of drafting legislation and holding a public hearing . Mr. Kanter thought the City had passed enabling legislation that allowed residents to petition the City for certain areas or neighborhoods to be designated as resident only parking . Councilman Engman felt the issue needed more study and looking into . Supervisor Valentino agreed . Councilwoman Gittelman asked if the following amendment to Mr. Stein ' s motion was reasonable : have Mr. Barney draft legislation when the Town has some information about the criteria . Following discussion , Ms . Gittelman withdrew the amendment . TB RESOLUTION NO . 2005-113 : Prepare Draft Legislation for Residents Parking on Penny Lane BE IT RESOLVED that the Town Board of the Town of Ithaca requests that Attorney Barney start working on a draft of legislation that would restrict parking to residents only for Penny Lane and Lois Lane . MOVED : Councilman Stein SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , nay ; Councilman Lesser , aye ; Councilman Burbank , nay; Councilwoman Gittelman , nay ; Co l ncilman Engman , nay ; Councilman Stein , aye . Motion defeated . TB RESOLUTION NO , 2005- 114 : Prepare Draft Enabling Legislation to Allow the Town to Institute a Resident Only Parking Permit System 18 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 BE IT RESOLVED that the Town Board of the Town of Ithaca asks Attorney Barney to begin preparing a resolution that would appeal to the State for enabling legislation to allow the Town to institute a permit system at Penny Lane and Lois Lane . MOVED : Councilman Burbank SECONDED : Councilman Stein VOTE : Supervisor Valentino , nay ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , nay ; Councilman Engman , nay. Motion carried . Aggen_ da Item No . 13 — Consider Setting a Public Hearing to provide for Planned Development Zone for South Hill Business Campus TB RESOLUTION NO . 2005-115 : Resolution Setting a Public Hearing to Consider a Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to _Provide a Planned Development Zone for the South Hill Business Campus on Danby Road Owned by South Hill Business Campus , LLC 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 12th day of September 2005 , at 6 : 30 p . m . for the purpose of considering a proposed local law to amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the South Hill Business Campus on Danby Road Owned by South Hill Business Campus , LLC ; 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 Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 14 - Consider Authorization to enter into an agreement to hire consultant to assist the Town in completing its Transportation Plan 19 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 RESOLUTION NO . 2005-116 - Authorization to Enter into an Agreement with Fisher Associates to Provide Consulting Services to Assist the Town of Ithaca in Completing Its Transportation Plan WHEREAS , the Town of Ithaca Transportation Committee has been working on a draft Transportation Plan (the Plan ) for the Town over the past two years , and anticipates completing the Plan by the end of 2005 ; and WHEREAS , both the Town Board and Transportation Committee determined that it would be desirable to hire a transportation consultant to assist in the preparation of portions of the Plan relating to data collection , analysis , and recommendations ; and WHEREAS , the Town of Ithaca Town Board authorized an initial amount of $25 , 000 (out of the originally requested $30 , 000 ) in the approved 2005 Budget (Account No . A3310 . 406 ) for purposes of hiring a transportation consultant , and in TB Resolution' No . 2005-072 , the Town Board amended the 2005 Budget to add an additional $ 5 , 000 to Account No . A3310 . 406 for said purpose ; and WHEREAS , the Town of Ithaca prepared and distributed a Request for Qualifications ( RFQ ) for Technical Consulting Services to Assist in Preparing the Town of Ithaca Transportation Plan , dated April 26 , 2005 , and received responses from seven interested transportation consultants ; and WHEREAS , the Transportation Committee established a Selection Committee to review the responses to the RFQ ; and WHEREAS , the Selection Committee determined that two of the responding consulting firms possessed the desired qualifications for assisting in the completion' of the Plan , based on a combination of factors , including experience in the region , experience with similar transportation planning projects , project organization and team , and cost , among others , and invited those two candidates in for interviews ; and WHEREAS , the Selection Committee conducted said interviews on July 13 , 2005 , and recommended that the Town hire Fisher Associates from Rochester, New York , to assist with the completion of the Plan ; and WHEREAS , the Transportation Committee met on July 21 , 2005 to discuss the Selection Committee ' s recommendation , and confirmed the recommendation to hire Fisher Associates ; now therefore BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize the Supervisor of the Town of Ithaca to enter into an agreement with Fisher Associates to provide the aforementioned services as outlined in the RFQ regarding technical consulting services to assist the Town with the completion of the Plan ; and 20 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 BE IT FURTHER RESOLVED , that the term of the aforesaid agreement shall be from August 1 through December 31 , 2005 , with the option to extend the term by up to an additional four months subject to the approval of both the Town Supervisor and Fisher Associates ; and BE IT FURTHER RESOLVED , that the total amount available for this consultant agreement shall not exceed the $ 30 , 000 that is currently authorized in the amended 2005 Budget , unless specifically authorized by the Town Board . MOVED : Councilman Lesser SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , absent. Motion carried . Agenda Item No . 15 = Consider Approval of Funding Agreement with Cornell University for Transportation GEIS (Attachment #5 = letter from Bill Wendt, Cornell Transporation Services The Board received copies of a letter from Bill Wendt , Cornell Transportation Services , in their board packets . Supervisor Valentino moved acceptance of the letter from Bill Wendt and the agreements on the spending plan . Councilwoman Grigorov seconded the motion . Mr . Engman stated he was still concerned that the Board was hiring staff to do something that is not laid out yet on paper. They Board has heard that this is close to a million dollar project , that there is no budget beyond what is listed in the letter before them , and there is nothing to indicate what are the parties' responsibilities . Mr. Engman felt it was premature to hire staff for something about which they don 't have much information . Mr. Wendt's letter says nothing about funding approval for 2006 . Mr. Engman state he was very leery about getting too far down the road because if something should happen in 2006 , it means that the Town is on the hook for the entire $68 , 000 project . Supervisor Valentino told him it was not possible to have more information right now because the Town and Cornell are still working on what the action will be . She and Mr. Kanter are meeting with Cornell on a regular basis . The Town is not on the hook for anything ; the have a commitment for 2005 . If Cornell renigs on that in any way or the Town feel uncomfortable in any way the Town has not signed anything that obligates it to spend any money to do anything . The person the Town is considering for the Planner position understands this clearly . Councilman Lesser told Mr. Engman he understood his concern and asked if it would make him more comfortable if in the appointment of the Planner Position that the position description include language indicating that continuation of the position is contingent upon availability of funds and particularly continued funding from Cornell . Mr. Engman replied he 21 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 had himself noted there should be such language , but it would not remove the other issue of fully understanding the entire project and what everybody' s obligations are . He felt the Board did not have enough information to understand the entire project . He thought , in general , it sounds like a great project but they do not have anything on paper that indicates that . Mr. Lesser asked if his concern was the project or what he sees as continued funding . Mr . Engman stated it was the fact that there is no agreement and nothing in writing with Cornell . Mr. Lesser asked if this was a project concern or a funding concern . Mr. Engman stated it was both because a generic environmental impact statement obligates one to whatever is covered in the draft and is a very important policy making document ! He does not want to get too far down the line until the Board has a full understanding . Mr. Kanter told Mr. Engman that when an applicant commits to going down the road of doing an environmental impact statement , they are committing to a scoping process , which is very well defined under SEAR . Much of this project is defined under SEQR because it will be an environmental impact statement . The agreement , in effect , will be when the scoping process is completed , that will define what is in the environmental impact statement , To even get to the point of getting through that scoping process is probably going to take three months or so with public hearings . Just to get to that point , the Town needs to hire additional staff to free up his , Supervisor Valentino' s , and Sue Ritter' s time . These are! the individuals who are going to be the ones who are spending the bulk of the time on the EIS project . It' s a Catch 22 situation . If the Town is going to do the project they have to initiate it now by formalizing the planner position . Mr. Kanter stated he and Supervisor Valentino had already spent probably 1 /3 of the money requested from Cornell in terms of preliminary meetings with Cornell to get the project under way . Mr. Kanter did not feel there was a problem with adding something to the resolution indicating the 2006 portion would be subject to the 2006 budget considerations and deliberations but the Town really needs to set up the position now. Mr. Kanter stated the obligation at this point is solely on Cornell ; the Town hasn 't and won 't committee to anything not only until the scoping process is complete . At that point , that defines what Cornell will be doing in the project . The Town ' s commitment doesn 't really happen until the EIS is completed and the Town Board , the Planning Board , and any other involved agency such as the City of Ithaca adopt the findings . The commitments really don 't happen until the end of the process . Mr. Stein stated that there were two issues . One is the obligation or potential financial burden on the Town for the planning position and then the whole question of the plan itself. Addressing the position , Mr. Stein felt he would be comfortable `if it was written into the planner' s " contract" with the Town that this is a soft money appointment and there is no obligation at any point to the planner if the supply of outside moneys dries up . He wanted an explicit statement of that so this does not become an ongoing obligation of the Town . Mr. Barney and Ms . Drake told him that language is in the resolution �egarding appointment of the position . Mr. Stein stated he did not have the slightest idea what the Town is doing with regard to this project . He does not know anything more than that the Town is joined with Cornell in some long term transportation investigation . Mr. Stein stated that if he does not have a clearer idea until something arrives , a plan that he ' s supposed to vote on , he will be most disappointed . He did not feel he knew enough at the moment to vote on anything and hoped that would change soon . 22 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Ms . Gittelman stated her understanding upon reading information from the Transportation Committee was that the Town was hiring someone , with the help of Cornell money , to explore what we would want to do . Until you explore , you don 't know where you want to put your money in transportation . Mr . Kanter stated that, by definition , the whole environmental impact statement is going to be an exploration it is not a project . It doesn 't have a predefined scope yet . It will in a few months , but to get to that point we need assistance . Mr. Burbank asked what Ms . Tedesco 's current status with the Town was? Ms . Drake told him she was a paid Planning Intern . If the Board approved the resolution she would be coming on as a full time paid planner for a time limited position . She could be laid off if the funding failed to flow. Mr . Burbank stated his concern that whoever pays the piper gets to choose the tunes and if Cornell is paying for this , Mr. Burbank has to ask himself what it is they want to get. They may be wanting much the same as the Town : sensible planning , traffic alleviation , alternative ways of getting around . This would be Mr. Burbank' s hope , but if the individual is being functionally paid by Cornell , is it clear that they are accountable not to Cornell but to us . Supervisor Valentino stated it was very clear. It was made extremely clear to Cornell that this person works for the Town of Ithaca and answers to the Town of Ithaca , as does Mr. Kanter and herself. This has been made very clear from day one . Mr. Kanter added that the Planner would probably be working on the Cornell project to a very minimal extent . As they outlined in their estimate to Cornell , it' s mainly going to be Supervisor Valentino , himself, with assistance from Susan Ritter. In order for them to be able to spend time on the project, they felt they needed to set up a new planner position , and hire Ms . Tedesco . Largely what she will be working on for the rest of this year and possibly into next year is to complete the Town 's transportation plan . This project will allow the Town to do two major items at the same time and in a large sense the Cornell EIS is really a very logical follow up to our own transportation plan . Timing wise the two are coming into fruition at ideal parallels . Mr. Engman felt this made sense that the new person would pick up a lot of the slack . He stated the new question then was what won 't get done from the plan of work if Mr. Kanter and Ms Ritter are going to be spending time that may have been scheduled for something else? Mr. Kanter stated he and Supervisor Valentino would be the main contact people . A lot of the work is actually going to be done by the boards , the Town Board and the Planning Board . Mr. Kanter couldn 't come up with any specific things that wouldn 't get done . He might spend a little less time on the Town 's Transportation plan but that is in good control with the Transportation Committee and the consultant that will be coming aboard to help with some of the more conclusionary parts of the plan . Ms . Drake told the Board that Ms . Tedesco has already been with the Town for approximately three years . She has graduated from Cornell and will be going on at Cornell for her masters . TB RESOLUTION NO . 2005-117 : Funding for Transporation GEIS BE IT RESOLVED that the Town Board of the Town of Ithaca approves the funding for the Cornell GEIS . 23 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , nay ; Councilwoman Gittelman , aye ; Councilman Engman , nay ; Councilman Stein , aye . Motion carried . Agenda Item No . 16 — Consider Appoint of Planner Position Councilman Lesser stated that Ms . Tedesco is excellent and the Town is fortunate to have her. She is taking on a significant portion of drafting and detail work of the Transportation Plan with every reasonable hope of getting it completed by the end of the calendar year. Ms Drake assured the Board that Ms . Tedesco ' s appointment letter will make it clear that the position is contingent upon funding from Cornell . RESOLUTION NO , 2005 - 118— PROVISIONAL APPOINTMENT OF PLANNER WHEREAS , Nicole Tedesco has been filling the Planner Intern position on a temporary, part time basis since May 2003 , while she completed her bachelor' s degree from Cornell University in Urban and Regional Studies ; and WHEREAS , the Director of Planning has assessed that there is the need to fill the vacant second Planner position at a full time level on a temporary basis due to the extra work that will occur for the department by being the lead agency on the Cornell University GEIS project; and WHEREAS , as part of the GEIS process and pursuant tot the NYS Environmental Quality Review Act (SEQRA) , Cornell has committed in writing to provide funds to the Town of Ithaca to cover the Town ' s anticipated costs of participating as lead agency in the GEIS , and said funds will be sufficient to cover the entire amount necessary for wages and benefits of the full time Planner position ; now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Nicole Tedesco as Planner; and be it further RESOLVED , this appointment is a full time appointment at 37 . 5 hours per week at an hourly rate of $20 . 43 , from account 68020 . 100 , effective August 1 , 20051 full time benefits apply; and be it further RESOLVED , this appointment is a long-term temporary appointment for the term August 1 , 2005 until December 31 , 2006 , unless extended by the Town Board at that time ; and be it further RESOLVED , that the appointment is provisional pending successful completion of the next civil service examination and being a reachable candidate . MOVED : Councilman Lesser 24 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 SECONDED : Councilman Burbank S VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . Agenda Item No . 17 = Discuss Community Science Institute fundinq request ( letter from Penningroth in correspondence file) The Board received a letter from Mr. Penningroth detailing the request in their packet of Board materials . Supervisor Valentino expressed concern about the Institute's interim budget requests and stated she would like to see them in the mode of asking for what they need during the budget season . She asked if the Board agreed they should defer this until they have more information and encourage the Institute to put in a request for the 2006 budget year. The Board agreed . Agenda item No . 18 - Acknowledge receipt of Southern Cayuga Lake IntermunicipaI Water Commission 2004 Annual Operating Report Ms . Hunter told the Board that the Commission ' s 2004 Annual Operating Report was on file in the Town Clerks office for Board and public review. Supervisor Valentino reported that the Commission had their budget meeting earlier in the day and there is not going to be a request for any increase in the water fees . Supervisor Valentino further reported they had a good meeting with the City about joining Bolton Point . Agenda Item No . 19 - Discussion of Dog Enumeration (Attachment #6 - memo from T. Hunter In response to a request from Councilman Burbank , the Town Clerks Office gathered information on conducting a dog enumeration . Ms . Hunter told the Board that they would need to consider whether or not they wanted to include funding in the 2006 budget for conducting a dog enumeration . Ms . Hunter estimated a cost of $ 5 , 000 . The Board supported planning for a dog enumeration in 2006 . Agenda Item No . 20 - Discussion of the Town Committee Structure Supervisor Valentino told the Board this was in response to Councilman Engman ' s concern that some of the Town ' s committees may not be legal committees . She asked Mr. Engman if } he was concerned that the Town ' s committees were so illegal that we should take immediate action . Mr. Engman felt the Town should make every effort to conform to what the law says 25 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 and wanted to make sure the Town was in compliance with what we are supposed to be doing . He stated he wasn 't in any hurry to address his concerns . i Supervisor Valentino stated that the Town could draft local legislation that would make the Ton ' s existing committee structure legal . Mr. Barney reported he had done some research , which indicated that the Town could adopt local legislation authorizing citizens ' advisory committees . His research also indicated that such authorization may be subject to a public referendum . Ms . Gittelman asked if it made a difference if the citizen members of a committee were non - voting and simply in an advisory capacity and the only voting members are board members . Mr. Barney stated you could construct legislation that would allow citizens to sit and discuss with the board . The Board took no action but determined it would look at and evaluate the Town ' s existing committee structure . Agenda Item No . 21 — Ratify Creation of Committee to Study Building and Zoning Department RESOLUTION NO . 2005-119 — Ratify Creation of Building & Zoning Department Study Committee . WHEREAS , Andrew Frost , Director of Building and Zoning , will be retiring January 11 , 2006 after 19 years with the Town ; and WHEREAS , the Town Supervisor recommends creating a co I mittee to study the Building and Zoning Department to determine the needs of that department ; and WHEREAS , such committee shall report to the Town Board their recommendation regarding the department , and may be responsible to interview and recommend for appointment any staff changes ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify the Town Supervisor' s creation of a Building and Zoning Department Study Committee , and be it further RESOLVED the Town Board ratifies the Town Supervisor' s appointment of the following members : Catherine Valentino , Town Supervisor Herb Engman , Town Board Member Bill Lesser, Town Board Member Staff Support to Committee : Judith C . Drake , Human Resources Manager Jonathan Kanter, Director of Planning Daniel Walker, PE , Director of Engineering 26 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried . AA enda Item No . 22 - Consider Setting Budget Work Session Meeting_ Dates Supervisor Valentino presented the following schedule for the Board to review and amend the 2006 budget . They are as follows : 1 . September 12th Town Board Meeting — presentation on budgeting for Towns 2 . October 6th Town Board Meeting — meeting entirely dedicated to review and discussion of Tentative Budget 3 . October 17th Town Board Meeting — additional time (approximately 1 hour) for discussion of tentative budget in the context of a regular meeting 4 . November 3rd — meeting entirely dedicated to review and discussion of Preliminary Budget . Public hearing on budget. 5 . November 14th — possible adoption of budget with ability to postpone until November 20th Regarding the previously scheduled Wednesday morning meetings , Supervisor Valentino felt we should determine precise dates following the September 12th presentation . Councilman Stein expressed concerned about morning meetings stating they might conflict with his teaching schedule . Supervisor Valentino assured him that sometime after September 12 and before October 6 the Board can have a morning meeting to go over the Tentative Budget . That meeting date can be set during the September 12th Town Board Meeting . AA enda Item No. 23 - Consider Creation of Town Budget Committee Councilman Stein had distributed copies of his proposed resolution to Board members by email . It was an amended version of the resolution distributed at the July meeting . In response to objections about having a Board Meeting that was not chaired by the Town Supervisor, Mr. Stein stated this was changed in the amended resolution to have the meeting chaired by the Town Supervisor. Regarding the question of whether the Board , as well as the Town Supervisor, has the right to form a committee Mr. Stein stated he was not convinced by what Attorney Barney had told him about the law. The opinion Mr. Barney stated was a 50-year-old State Comptroller's opinion , not the opinion of a court. He asked that the Board vote upon the motion . Attorney Barney told him the creation and appointment of town committees , as he reads the Opinions of the Comptroller and Section 63 of the Town Law, is a Town Supervisor prerogative . To the extent that Mr. Stein 's resolution attempts to do something other than that it would be a derogation of the authority or the power statutorily provided to the Town Supervisor. Supervisor Valentino stated that the Town Board is already a budget committee and has been forever. That is why the Board approves the warrant at every meeting . That is why the Board receives a monthly financial report . Ithaca ' s Town Board has always 27 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 functioned as a legislative body that makes budgetary decisions on an ongoing basis . Supervisor Valentino stated she agreed with the "Whereas" statements in the resolution although she did not see in the resolution where the Board would encourage more public participation . She felt that was an important part of the budget process ; advertising the meetings extensively and inviting the public to comment . She It that the October and November Town Board meetings and the meeting to be set in September should be sufficient to work on the budget . Councilman Stein responded stating he did not want to get involved in the details of who sets up a meeting . The gut of his proposal is in the second " resolved " which outlines the format for a particular meeting . He felt the format was important . It is a format where Town Board members have rotating time to direct questions to members of the staff. It' s structured like a Congressional Hearing . If this kind of a hearing could fit into the format of one of the budget meetings , it would be fine with Mr. Stein . He does not have to have it set up as a budget committee made by the Board . If the Town Board could have a meeting where the format outlined in his proposed resolution then he would be happy . Supervisor Valentino asked how Mr. Stein how Board members would submit their questions to staff; would they submit the questions ahead of time ? Councilman Stein stated they might , if they wanted good answers they should submit questions ahead o i time . But questions may arise upon hearing staff talk about their individual questions . The proposed format envisions two or two and a half hours devoted to questioning . Councilman Lesser suggested doing this at the October 6th meeting . Mr. Stein and the other members of the Board concurred . A vote was not taken on the proposed resolution . 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. Each meeting will be structured as a hearing. The available time will be divided into ten minute segments. During each segment, a single Town Board member will direct questions to senior staff members or the Supervisor concerning the budget. The member with the greatest seniority will ask questions during the first segment, and the member posing the questions in each of the remaining segments will be will be rotated in an order determined by seniority. Any member may elect to use less than or none of their full ten minute allotment during any rotation. The senior staff will be expected to attend meetings of the Budget Committee, respond to questions of Town Board members to the best of their abilities, and be prepared to respond to questions of members that are given sufficiently On advance of the meeting. 28 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 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. 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. 5. At the October meeting of the Board, the Tentative Budget will be debated, amended and considered for adoption as the Preliminary Budget. Agenda Item No . 24 - Consider Appointment to Cornell Plantations Deer Fence Committee Supervisor Valentino told the Board that Councilman Engman had agreed to represent the Town Board on this committee . Councilman Engman added there has been a long , simmering discussion between Cornell Plantations and the Forest Home community concerning the fence because it would dramatically change the whole environment as well as possibly _ forcing the 30 deer in the Cornell Plantation being forced into the Forest Home Community . Councilwoman Grigorov excused herself from the meeting. Agenda Item No . 25 - Consent Agenda Councilman Engman asked that Ms . Hunter correct the spelling of Kathy Herrera 's name in the July minutes . TB RESOLUTION NO . 2005-120 : 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 Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2005-120a : Town Board Minutes of July 11 , 2005 WHEREAS , the Town Clerk has presented the minutes for Town Board Meeting held on June 13 , 2005 to the governing Town Board for their review and approval of filing ; now therefore be it RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meeting held July 11 , 2005 as presented at the August 1 , 2005 board meeting . 29 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2005-120b : 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 . 759-872 General Fund Townwide $ 1365009 . 92 General Fund Part Town $ 107553 . 05 Highway Fund Part Town $ 982069 . 14 Water Fund $ 187 , 327 . 54 Sewer Fund $ 373 , 491 . 92 William and Hannah Pew Bikeway $ 15210 . 53 Fire Protection Fund $217 , 095 . 84 Forest Home Lighting District $ 141 . 19 Glenside Lighting District $ 54 . 57 Renwick Heights Lighting District $ 76 . 74 Eastwood Commons Lighting District $ 164 . 97 Clover Lane Lighting District $ 18 . 87 Winner' s Circle Lighting District $ 57 . 89 Burleigh Drive Lighting District $ 65 . 98 Westhaven Road Lighting District $ 212 . 98 Coddington Road Lighting District $ 126 .00 Debt Service $ 746 . 76 TOTAL : $ 14025 , 423 . 89 MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2005=120c : Bolton Point Abstract. 30 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 if 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 : 447-514 Check Numbers : 8408-8475 Operating Fund $ 123 , 707 . 96 1998 SCADA Capital Project $ 15 , 624 . 66 2000 Bolton Road Project $ 21649 . 00 2002 Office Space Addition $ 50 , 234 . 59 2003 East Hill Water Tank Project $ 1189172 . 20 TOTAL $ 310 . 388 . 41 MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2005 -120d : Sale of Surplus Items WHEREAS , a municipal auction is held every year at the Lansing Town Barns ; and WHEREAS , The Highway Department will put the following in the county auction in September: 1 . 1996 3/4 ton 4x4 pickup truck 2 . 1995 1 /2 ton 4x4 pickup truck 3 . 2001 3/4 ton 4x4 pickup truck and plow 4 . 3" Trash pump 5 . 2 Lasers 6 . circular Sink; and WHEREAS , the following computer equipment will be sent to the auction : 2 Compaq 4000 PCs , 2 white-box PCs , 3 Compaq V50 13" monitors , 1 Compaq V70 17" monitor, 1 31 Regular Meeting of the Ithaca Town Board August 1 , 200, Approved September 12, 2005 Compaq S710 17" monitor, 1 Philips-Magnavox 13" monitor , 1 Max tech 17" monitor, 1 Xerox Fax , 3 mice , 1 box miscellaneous cables ; now therefore be it ; RESOLVED , that a 1996 3/4 ton 44 pickup truck , a 1995 1 /2 ton 4x4 pickup truck , a 2001 3/4 ton 4x4 pickup truck and plow, a 3" Trash pump , 2 Lasers , and a circular Sink be placed in the auction with the money from the sale going into the Cash Reserve—Highway Equipment ( DB230) account ; and be it further RESOLVED , that 2 Compaq 4000 PCs , 2 white-box PCs , 3 Compaq V50 13" monitors , 1 Compaq V70 17" monitor, 1 Compaq S710 17" monitoi, 1 Philips-Magnavox 13 " monitor, 1 Maxtech 17" monitor, 1 Xerox Fax , 3 mice , 1 box miscellaneous cables be placed in the auction . MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . RESOLUTION NO . 2005-120e – Classification and Wage Change for Automotive Mechanic Assistant WHEREAS , the Town Board approved the remodeling of the Job Classification system in 2001 that by using several criteria allowed positions to be placed in a classification listing ; and WHEREAS , during the initial budgeting process the Highway Superintendent requested a review of the Automotive Mechanic Assistant position to determine if any changes in classification was warranted ; and WHEREAS , the Town Supervisor and Human Resources Manager have evaluated that the Automotive Mechanic Assistant position was given a lower score on the Knowledge and Certification criterion than it should have been , which caused the position to be classified in the "Y classification rather than the " K" classification ; and WHEREAS , the Town Supervisor, Highway Superintendent and Human Resources Manager recommend the Automotive Mechanic Assistant position ' s classification be moved from "J " to " K" effective August 7 , 2005 ; and WHEREAS , the Town Supervisor , Highway Superintendent and Human Resources Manager recommend that Bernie Morse receive an increase in hourly wage from $ 16 . 49 ("J " job rate) to $ 18 . 06 (step below job rate for " K") , effective August 7 , 2005 to coincide with the classification change ; NOW , THEREFORE , BE IT 32 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 RESOLVED , the Town Board of the Town of Ithaca does hereby approve the recommendation to change the classification for the Automotive Mechanic Assistant position from "X to " K" effective August 7 , 2005 , and be it further RESOLVED , the Town Board does hereby approve changing the hourly wage of Bernie Morse , Automotive Mechanic Assistant to $ 18 . 06 effective August 7 , 2005 . MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Agenda Item No . 26 — Report of Town Committees Agricultural Committee Councilman Engman reported that the Agricultural Committee is working on the agricultural long- range plan that was last done 10 or 15 years ago . When they have it in some sort of format they will be sending it along to Codes and Ordinances . Cayuga Lake Watershed Intermunicipal Organization Mr. Burbank reported they did not meet . Dog Park Committee Mr. Burbank reported they have not met but will be meeting in September. Intermunicipal Trail Committee Mr. Burbank reported they have not met in several months because they are waiting for word on funding . It' s beginning to look like the Transportation Bill is going to go through congress and that would free up some funding . Mr. Burbank added that , unfortunately , there are a lot of aspects to it that are very pork-barrelish . Pegsys Oversight Committee Mr. Burbank reported that this committee oversees the very tiny budget of the cable access studio . Mr. Burbank has been asked to take on chairmanship for the coming year. The committee has been stymied trying to work out an agreement to deal with the problem of people who live outside the areas that are supporting the cable access through their fees . The supporting communities are the Town of Ithaca , the City of Ithaca , and the Village of Cayuga Heights . Currently the studio is open to everybody. Time Warner would like a fee structure for people outside the supporting communities . Mr. Burbank thought many of the people using the facility do not have the ability to pay . The Town Board will be asked by Time Warner to respond to this . Mr. Burbank informed the Board that cable access (channel 13) is currently off the air because the studio ceiling at Time Warner has fallen in . 33 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Agenda Item No . 27 — Report of Town Officials — (Attachment #7 — letter from Reuben Kamp ; Attachment #8 — monthly reports ) Town Clerk — letter from Reuben Kamp , 114 Penny Lane Ms . Hunter read letter into the record the following received during the meeting : 1 am here to speak for the people that live in Penny Lane 86- 107. Here is one example that needs some attention. My friend Alan Mordue and his father Tom live at 102 Penny Lane. They have a narrow driveway that only fits two very small sedans or compact cars. 1 spoke with Peter Meskill today (81112005) and he said he would not pe rilmit the Mordue 's to park another car (they own 3) on the side of the road, even if he resided there. A good idea would be to grant parking stickers or permits to residents only. This {otion would have to be passed quickly because Peter Meskill is towing cars at this very moment. He either would have to park very far away or have his car towed. His small civic wagon hardly blocks any road and two large cars can pass each other with ease. Please consider my request. Thank you. Councilwoman Gittelman commented that the area below Penny Lane is a glory of living in the Town . Everybody Ms . Gittelman knows hike there . During May and June the area is filled with people just enjoying the wildflowers . She did not know how people will get down there and asked that the Board not forget this other aspect of the situation . Councilman Lesser not only is it a glory but one of the Town ' s issues is water access . There is very little water access in this area and Councilman Lesser restated his hope that the Town would put a high priority on expanding access on Cayuga Lake . With Remington Inn having withdrawn its plans it does offer the Town an opportunity , which Mr. Lesse"r hoped the Town would follow up on . If you don 't have a car and you don 't have money you can 't get in the lake and it' s ridiculous . Councilman Burbank remarked that Mr. Kamp ' s letter was a perfect example of unintended consequences . Highway Superintendent Petition from Residents requesting speed limit reduction on Elm Street Extension , Elm Street, and Westhaven Road (filed with Petitions ) Superintendent Noteboom reminded the Board of accident and resultant petition from resident' s requesting a speed limit reduction on Elm Street Extenstion , Elm Street , and Westhaven Road . Director of Engineering Mr. Walker reported that the Eastern Heights stream bank stabilization project was complete . Spending for the project was well under the budget . Director of Planning Mr. Kanter reminded Board members of the upcoming Town letter and asked for any ideas . 34 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Mr. Kanter told the Board that Cornell had tentatively set up a meeting of the Lake Source Cooling Data Sharing Group for later in the week . A number of the members were unable to attend and the date will be changed . Mr. Kanter has sent a memo to Mr. Wertman asking him to attend the rescheduled meeting . Budget Officer (Attachment #9 — Response to Peter Stein 's Budget questions) Mr. Carvill distributed materials in response to budget questions posed by Councilman Stein . OTHER BUSINESS Elm Street Extension / Coy Glen / Westhaven Councilman Burbank asked the Board that they had not yet acted on requesting a speed limit reduction on Westhaven Road and Elm Street Extension . TB RESOLUTION NO . 2005-121 : Speed limit reduction on Elm Street Extension and Westhaven Road WHEREAS , there have been serious accidents at or near the intersection of Elm Street Extension , Westhaven Road and Coy Glen Road , most recently on July 11 , 2005 , and WHEREAS , excessive speed is frequently a major cause of such accidents , and WHEREAS , the current speed limits on Elm Street Extension and Westhaven Road are currently 40 miles per hour, and WHEREAS , it is reasonable to assume that lower speed limits on such roads would lead to a reduced number of accidents , NOW THEREFORE , BE IT RESOLVED , that the Town Board hereby requests the New York State Department of Transportation to investigate and review the traffic accident history and other circumstances on Elm Street Extension and Westhaven Road , and reduce the speed limit from 40 mph on such roads to 30 miles per hour. MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Agenda Item No . 29 - Executive Session regarding real property acquisition and personnel matters On motion by Councilman Lesser and seconded by Supervisor Valentino , the Board moved into executive session at 9 : 37 p . m . regarding acquisition of real property . On motion by Councilman Lesser and seconded by Councilman Burbank , the Board returned to regular session at 9 : 40 p . m . 35 Regular Meeting of the Ithaca Town Board August 1 , 2005 Approved September 12, 2005 Adjournment On motion by Supervisor Valentino the meeting was adjourned at 9 : 45 p . m . Respectfully submitt Tee-Ann Hunter Town Clerk NEXT REGULAR MEETING SEPTEMBER 12, 2005 36 ATTACHMENT # 1 August 1 , 2005 Town Board Meeting 0VMriHE AlbF A,) /6AoJrcT3 To .4 76T/0L ,EX1O:ejvDlrU4E y t/Qj)ZP 927 (` /8 �'87� o 004.. a YCA ri /V,5 da-0 Cr, x�,�,ee aIA1441 cost DuZ rte , rXkGgtvcya��,� ,� �f©mss Cb�uTia/ v� TC� �SCi� I� TE sE�rS A10 � T v v ox1 Tr �Q�,�r/c y oAi�6®A t�tJT�ir.6'il�,e E���QS � c�✓ee�' v vTy ir-�r,�iy r o�S .�17D 91��.PoG , - � i'�11JiV�`/�aL Fly Al4A*4Y Al r44&$A( l CA.!. c�fE / Aj 5T LL 4roN or '� 7e",s -1r7T jC Adjb L�c ;� Ojtgr 4 n0jdVe CF,07U� .4r ?Zw 45404) RD %W1,L , 5144T axs 4t,� . /o, Zoo,�r rvS5vAJ,4*4rrr�; 4A) D V77j442:4TioA) J14 4) u4D evAA00k9-TZ-b gyr Tr6w r'041. e> W/ NC. 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Applicant/Sponsor 2. Project Name Local Law — Amending the Zoning Chapter of the Town of Town of Ithaca Town Board Ithaca Code Regarding Agricultural and Related Activities in Certain Zones 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map: ) Townwide (The zoning amendments primarily affect the Agricultural, Low Density Residential, and Medium Density Residential Zones.) Tax Parcel Number: N/A 4. Is proposed action : NEW? EXPANSION? MODIFICATION/ALTERATION? _X (Amendment of Town Code) 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law amending the Zoning Chapter of the Town of Ithaca Code regarding agricultural and related activities in certain zones . The proposed amendments are in response to comments that were received from the New York State Department of Agriculture and Markets regarding the Town' s Zoning Revisions (effective April 1 , 2004) and concerns raised by the Town of Ithaca Agriculture Committee. (See attached description for more detail .) (Attach separate sheet(s) if necessary to adequately describe the proposed project.) NAmount of land affected : N/A (Townwide) itially (0-5 rs) Acres (6-10 rs) (>10 rs) Acres JWFHow is land zoned presently? N/A (Townwide) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly : N/A 9. Will proposed action lead to a request for new : Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY . KNOWLEDGE Applicant/Sponsor Name (Print or Type): Catherine Valentino Supervisor, Town of Ithaca Signature and Date: PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? ES NO X If yes, coordinate the review process and use the full EAF. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: See attached. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: None anticipated. OC7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : See Attached, E. Comments of staff _X CB , other attached. (Check as applicable.) PART ill - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i .e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration . X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board _ LZ6 kv�k� Name of Lead Agency Prepare ' s Signature(If different from Responsible Officer) Catherine Valentino, Supervisor Name & title of Responsible Officer IIYLead Agency Signature of Contributing Preparer cowj--� j DATE : nature of Responsible Officer in Lead Agency State Environmental Quality Review Part I - Project Information Action(s) : Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones Location : Town-wide, Town of Ithaca, N. Y. Lead Agency : Town of Ithaca Town Board Classification of Action(s) : Unlisted 51 Describe Project Briefly : The local law would amend the Zoning Chapter of the Town Code regarding agricultural and related activities in certain zones . The Town of Ithaca Codes and Ordinances Committee worked on the draft zoning amendments during the past year, with the assistance of the Attorney for the Town, and also received comments and recommendations from the Agriculture Committee . This was initiated as a follow-up to the comprehensive Zoning Revisions that went into effect on April 1 , 2004 . The proposed amendments are in response to comments that were received from the New York State Department of Agriculture and Markets regarding the Town' s Zoning Revisions and concerns raised by the Town of Ithaca Agriculture Committee. The proposed amendments would address many of the issues raised by Ag and Markets in their letter dated 1 /26/04 . The proposed local law includes the following : • New definition of "commercial composting facility" (Sec. 270- 5 ) • Revision of the definition of "farm" (Sec . 270-5) • Addition of "equestrian facility" as a use permitted by special permit in the Conservation Zone (Sec . 270- 12) • Increase in size of roadside stands from max . 500 square feet to max . 3 ,000 square feet (Sec. 270-26) • Clarification of "research facility" allowed by special permit in Agricultural Zone (Sec . 270-27) • Revision and clarification that any lot in the Low Density Residential Zone, regardless of size, if located within a County Agricultural District, can be used for any lawful farm purpose (Sec . 270- 54) . [This is already the case by definition in the Agricultural Zone, but concerns were raised by the Agriculture Committee as to whether the same is true for small, non-contiguous parcels in other zones . COC determined that it would be appropriate to clarify that lawful farm purposes would be permitted on parcels smaller than three acres in the LDR Zone, but not in other zones (except for the Agricultural Zone)] . • Revision in height limitations regarding agricultural buildings and structures in County Agricultural Districts (Sec . 270-59) • Addition of a provision allowing non-conforming farms in MDR Zones to be enlarged, increased, or altered upon receipt of special approval rather than by variance (Sec . 270- 214 . 1 ) . COC believes that the revised draft local law addresses most of the concerns initially raised by Ag & Markets and now addresses many of the concerns of the Agriculture Committee . COC felt that some uses, such as equestrian facilities in the Conservation Zone and research facilities in the Agricultural Zone should remain as special permit uses because of the potential .large scale and associated impacts of these uses on traffic, parking, circulation, drainage, community character, etc . In their discussions, COC has reiterated that special permit uses are presumed to be permitted (in contrast with variances), as long as they meet the additional criteria stated in the Zoning Code . COC also felt that Town of Ithaca procedures for site plan approval and special permits is fair, not overly lengthy, and does not place a burden on an applicant to pursue those - — approvals,- - - - - - - The above is a short summary of the proposed Local Law. Refer to the Public Hearing Draft of the Local Law for the entire text. PART II - Environmental Assessment — Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Agricultural and Related Activities in Certain Zones. A. Action is Unlisted B . Action will not receive coordinated review C . Could action result in any adverse effects on to or arising from the following C21 Aesthetic, agricultural, archeological, historic or other natural or cultural resources or community or neighborhood character? None anticipated. The proposed zoning amendments are intended to provide agricultural uses, particularly those that are located within designated County Agricultural Districts, with more flexibility and to be more permissive regarding those uses than the originally adopted Zoning Revisions (effective April 1 , 2004) . The purpose of the new Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land, to maintain an open, rural character to viable agricultural areas, to assure compatible types and densities of development on lands that are usable for agricultural pursuits, and to minimize other land uses incompatible with farming. The proposed amendments are consistent with and supportive of this purpose, which is also applicable to agricultural uses on lands in other zones (e.g. , Low Density Residential and Medium Density Residential) within County Agricultural Districts No ' s. 1 and 2 located within the Town of Ithaca. The Agricultural Zone includes approximately 4,235 acres (24% of the Town' s land area) . Currently, portions of two Agricultural Districts, established under Article 25 -AA of the NYS Agriculture and Markets Law, extend into the Town of Ithaca, covering approximately 4, 800 acres of active and inactive agricultural land, wooded areas, and residential development. [For a full description of the benefits and potential environmental impacts of the Zoning Revisions (effective April 1 , 2004), refer to the Draft Generic Environmental Impact Statement (Volume I), Zoning Revisions, Town of Ithaca, NY, September 8 , 2003 .] August 1 , 2005 Town Board Meeting ATTACHMENT # 3 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this forth to file a local law with the Secretary of State.) Text of law should be given as amended, loo not include matter being eliminated and do not use italics or underlining to indicate new matter. � -�atrtrty- • of - - - - - - - - - - - - - - - -ITHACA- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 05 Local Law No. -- - - - - - - - _ - - - - - - _ _ _ _ _ _ - - - - - - - _ _ _ _ _ _ _ of the year 20 _ _ _ _ _ AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE Alocal law - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - . . . . . . . . . . . . . . . - . . .. . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Iaserf Tide) REGARDING AGRICULTURAL AND RELATED ACTIVITIES IN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - CERTAIN ZONES - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - - - TOWN BOARD Beit enacted by the - - - - - - - - - - - - - - - - - -- - - - --- - - - - - - - -- - - - - ---- - - - --- - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - of the (Name ofLegislaeive Body) lefflmtp ITHACA - - _ _ _ _ _ Town of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - -- - as follows : SEE ATTACHED PAGES 1 - 3 (If additional space is needed , attach pages the same size as this sheet, and number each.) 1 DOS -239 (Rev. 11/99) � 1 � (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) ) 1 .. (Final adoption by local legislative body only.) 7 ) I hereby certify that the local law annexed hereto� T signated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20 5_ _ _ of the Town)( �l of . . . . . . . . . - - . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - AUGUST 1 2005 , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer *.) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ - - - - - - - - - _ - - - - - - - - - - - - - - - - - - of 20- - - - - - of the (County)(City)(Town) (Viliage) of - - - - - - - - - - -- - _ - -- - - - - - - - - - - _ - - - - - _ _ _ - - - - - - - - - - - - - - was duly passed by the - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - _ - - - - - - - _ - - - - - 20 _ _ _ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on 20_ _ _ _ (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum .) I hereby certify that the local law annexed hereto, designated as local law No- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20 bf the (County)(Ci ty)(Town)(Vi 11 age) of _ _ - - - - - - - - - - - -- _ - - - - - _ _ _ . . ._ - - - - - - - -- - - _ - - - - - - _ _ _ � - - - - - - - - - - - - - -- was duly passed b : -- - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved )(not approved)(repassed a ((Name of Legislative Body) disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on- - - _ - - - - - -_ _ _ - - - - - - 20- - - - . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on - - - - - - - - - - - - - - - - - - 2Q _ _ _ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ __ of the (County)(City)(Town) (Village) of - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - � `'-- - - - - - - - - - _ - - - - - - - - - - - - - - _ - - - - - was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) b the - - - - - - - - - - - - - - - - - - - - - - - - - _ on Y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer *) permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20. _ _ - , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a coun wide basis or, if there be none, the chairperson of the county legislative body; the mayor of a city or village, o the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . J (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. . . . . .. . . . . . . . . . . _ . . . . . . . . . . . _ . . . . . . of 20_ _ - _ _ _ f the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the )ualified electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )ecame operative . ' 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No_ . . . . . . . _ _ _ _ - - - - - -- - - - - - -_ _ of 20_ _ _ __ _ of the County of _ _ _ - - - - - - - - - - - - _ _ . . . . . . _ - - - - - - - - - - _ - - - - - - - - - - _ - - - - - - State of New York, having been submitted to the electors at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20. -- - , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph-- - - - - - - _ _ _ , above. Clerk of the Geuafy tegsalativ® yegy,*'�i7f Town lerk or officer designated by local legislative body )(Seal) Date : � � Q l 1 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF — Tompkins I, the undersigned, hereby certify that the foregoing local law nta ' s the correct text and that all proper proceedings have been had or taken for the enactment of the local law an e d reto. Signature ttorney for the Town Title Town of Ithaca }age Date : 8 / / 05 i ✓ (3) TOWN OF ITHACA LOCAL LAW NO . 7 OF THE YEAR 2005 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING AGRICULTURAL AND RELATED ACTIVITIES IN CERTAIN ZONES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The following sections of Chapter 270 of the Town of Ithaca Code are amended as follows : § 270-5 entitled "Definitions" is amended by adding a new de inition after ,"CLUBHOUSE or LODGE" reading as follows : "COMMERCIAL COMPOSTING FACILITY — A facility which accepts materials for composting from locations other than the property on which the facility is located . A commercial composting facility does not include composting facilities where the materials deposited for composting originate solely from the property on which the facility is located, or from a property on which activities are conducted by the owner of the composting facility that are related to the activities that are conducted on the property on which the facility is located . " § 270-5 entitled "Definitions" is amended by amending the second sentence in the definition of "FARM" by adding the word "predominantly" prior to the phrase on the farm property" so that said sentence reads as follows : "It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced,I or derived from products produced, predominantly on the farm property on which the building is located subject to the limitations regarding roadside stands set forth in this chapter. " § 270- 12 entitled "Principal uses authorized by special permit only" relating to uses in Conservation Zones, is amended by adding a new subparagraph G reading as follows : "G . Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining properties and provided : 1 ( 1 ) The lot size is at least two acres (three acres if public sewers are not available) ; (2) There is a nonoccupied and unused buffer of at least 50 feet around the perimeter of the lot; (3 ) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line ; and\ (4) No manure shall be stored within 100 feet of any lot line or street line . " § 270-26 entitled "Permitted principal uses" relating to uses in Agricultural Zones, subparagraph E relating to roadside stands, is amended by changing the number "500 " in the first sentence to "3000 " so that the first sentence of subparagraph E reads as follows : "B . A roadside stand or other structure, not exceeding 3000 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. . . . " § 270-27 entitled "Principal uses authorized by special permit only" relating to uses in Agricultural Zones, subparagraph M, is amended by adding the word "principally" prior to the phrase ""dedicated to research" so that said subparagraph M reads as follows : "M . Research facilities principally dedicated to research in agriculture or animal husbandry. " § 270-54 entitled "Permitted principal uses" relating to uses in Low Density Residential Zones is amended by adding a new subparagraph H reading as follows : "H. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants, on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25 -AA of the New York State Agriculture and Markets Law, notwithstanding the provisions of subparagraph C above and regardless of the size of the lot provided that such use is in compliance with all other provisions such as yard regulations, building area, and other provisions governing Low Density Residential Zones . " § 270-59 entitled "Height Limitations" relating to heights in a Low Density Residential Zone is deleted and a new §270-59 is inserted reading as follows : 2 270-59. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Low Density Residential Zones no building shall bel erected, altered, or extended to exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no Icase exceed 15 feet in height. The foregoing height limitations shall not apply to buildings and structures used for agricultural purposes on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25 -AA of the New York State Agriculture and Markets Law. Such agricultural buildings and structures so located may be constructed without limitations as to heights . " Article XXV entitled "Nonconforming ses" is amended b I ddin a new 270-214 . 1 g Y g § reading as follows : 1 270-214. 1 Nonconforming farms in Medium Density Residential Zones. Notwithstanding the provisions of § § 270-203 through 270-214, a valid non-conforming farm use or non-conforming farm structure, in a Medium Density Residential Zone, may be enlarged, increased, altered, or extended upon receipt of a special approval for such action from the Board of Appeals instead of a variance. The criteria for granting such special approval shall be as set forth in §270-200 rather than the normal criteria for granting a use variance . This section shall apply only when the principal use of the property is as a farm . " Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 3 J AUGUST 1 , 2005 Town Board Meeting COPY . T Eb RUE , WALSH & MILLER, LLP Attorneys at Law ATTACHMENT # 4 Peter J. Walsh The Commons Of Counsel Sally T. True 202 East State Street, Seventh Floor R. James Miller Ithaca, New York 14850 Fred Weinstein John Moss Hinchcliff Stephen Yale-Loehr Elena Salerno Flash Rosanne Mayer Retired George R. Pfann, Jr. David A. Tyler Constance E. Cook Hilary T. Fraser Roger B. Sovocool Laurie M. Johnston Adam R. Schaye Telephone: (607) 273-4200 Carolyn S . Lee Fax: (607) 272-6694 Mary J. Schubert E-mail: dat@twmlaw.com Barbara A. McGinn Web: www.twmlaw. com July 20, 2005 Catherine Valentino Supervisor p HAND DELIVERED Town of Ithaca �. 215 N. Tioga Street Ithaca, New York 14850 Re : 12 Sanctuary Drive, Town of Ithaca, tax parcel #73 - 1 -9 . 7 (Stephen P. Lucente-owner) Dear. Cathy: The survey map recently prepared in preparation for sale of the subject property by Larry Fabbroni (copy following), was made part of the record on a variance request which was granted Monday night by the Town Board of Zoning Appeals . A copy of that resolution follows along with a copy of an e-mail I received, yesterday, from attorney John Barney of which, I believe, you received a copy. Please treat this letter as the request by Stephen P. Lucente to be included on the agenda for the regular Town Board Meeting for August 1St I am expediting this communication in hopes that I will get it in your hands for your staff meeting this date. The problem relates to the strictures on the lot in question as a result of multiple water and sewer main easements . The encroachment was inadvertent and was not known until Larry Fabbrom did his survey field work earlier this month shown on the enclosed map. Mr Lucente advises that the steps which are over the main itself, are easily removable if maintenance of the line in that area should be necessary. My research suggests that the easement is a forty year old easement granted by Rocco Lucente to the Town, a copy of which I enclose herewith for reference . Dan Walker may want to verify that I have correctly identified the easement in question. m Qatherine Valentino, Supervisor July 20 , 2005 PAGE 2 In as much as the property is under contract for sale, having this matter on the agenda for the August I ` meeting would be much appreciated. If it will be, I will prepare the license agreement in the form suggested and kindly forwarded to me yesterday by Mr. Barney and have it in the Clerk' s hands promptly. Very truly yours, DAVID A. TYLER ~ DAT/new Encl. cc : Stephen P. Lucente w/encl. hd : John C. Barney w/encl . ^ r ENCROACHMENT LICENSE AGREEMENT made this day of August , 2005 by and between the TOWN OF ITHACA a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York, hereinafter referred to as the "Town" and STEPHEN LUCENTE of Ithaca, New York, hereinafter referred to as "Licensee". WHEREAS , Licensee is the owner in fee simple absolute of a parcel of land with improvements thereon in the Town of Ithaca, County of Tompkins, State of New York, commonly known and designated as 12 Sanctuary Drive, Ithaca, New York, as more particularly described in a deed to Licensee from dated and recorded in the Tompkins County Clerk ' s Office on in Liber of Deeds at Page (the "Premises") ; and WHEREAS, the Town was granted an easement by dated recorded in the Tompkins County Clerk' s Office on in Liber of Deeds at Page for the construction and maintenance of a sanitary sewer improvement (the "Easement") ; and WHEREAS, a portion of the house on the Premises encroaches up to approximately 13 feet into the area covered by the Easement, as shown on a survey of the premises entitled " Survey Man 12 Sanctuary Drive Town of Ithaca Countv of Tompkins State of New York" dated 07-01 -05 , by Lawrence P . Fabbroni, which survey is annexed hereto. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($ 1 . 00) by Licensee to the Town in hand paid, receipt whereof is hereby acknowledged, said parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows : 1 . Subject to the terms of this License, Licensee shall have the right to maintain the encroachment of the building in the Easement area as it now exists and as shown in the above- referenced survey. 2 . The encroachment shall be permitted to continue so long as the present building shall be in existence, or until the Town' s Public Works Department or the Town ' s Engineer finds that the removal of the encroaching part of the building is necessary for the use of the Town' s right-of-way, at which point such encroachment shall be removed at Licensee ' s sole expense upon no less than one year' s prior written notice from the Town. 3 , This Agreement shall terminate when and if said encroaching building shall no longer exist, or the portion of the building which encroaches shall be removed by direction of the Town ' s Public Works Department or the Town ' s Engineer. After such termination, Licensee Page 1 of 3 shall not cause any building which may be erected or maintained on said premises to encroach onto the Easement area. 40 Notwithstanding the foregoing, and in addition thereto, it is hereby acknowledged, understood and agreed that in the case of emergency or other similar circumstances dictating immediate action (including those circumstances under which the Town is unable to provide the one year notice provided for above in Paragraph "2 "), the Town may enter upon the Easement area, remove all or any part of the encroachment as the Town in its sole discretion deems necessary or appropriate to respond to such emergency or other circumstance, and/or take any other action permitted under the Easement, the costs thereof and any additional related expenses to be borne solely by the Licensee: The Town will use its reasonable best efforts to provide prior notice of its intent to exercise such emergency rights and to permit Licensee to remove the encroachment to the extent the Town determines is necessary or appropriate. If such prior notice is not given, the Town will use its reasonable best efforts to provide notice as soon as possible after it exercises its emergency rights hereunder. Under any and all circumstances, and notwithstanding anything to the contrary herein, the failure to provide either of the foregoing notices shall not be deemed to be a breach of this Agreement by the Town and the Town shall have no liability related thereto . In the event that the Town exercises its emergency rights as set forth above, Licensee shall not be permitted to replace the encroachment without the prior written consent of the Town. 5 . Licensee agrees to save the Town harmless from any loss, injury or damage arising out of the use of the Easement area by Licensee or from any negligence or fault of said Licensee, Licensee ' s servants or agents in connection with any activities) impacting the Easement area. Licensee acknowledges that it will likewise hold the Town harmless from any costs that the Town may incur including legal fees, due to any claims which may arise out of the building encroaching on the Easement area or the exercise of any rights of the Town under this Agreement. THIS LICENSE AGREEMENT shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties hereto . IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. TOWN OF ITHACA BY : Catherine Valentino, Supervisor Stephen Lucente, Licensee Page 2 of 3 STATE OF NEW YORK ss. . COUNTY OF TOMPKINS : On the day of August in the year 2005 before me, the undersigned, personally appeared Catherine Valentino personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ss . . COUNTY OF TOMPKINS : On the day of August in the year 2005 before me, the undersigned, personally appeared Stephen Lucente personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Page 3 of 3 Is ILL IUUlw I R. O, ROCCO LUCENTE (370/106 T PIN FOUND N 81 o 54117 " IV PIN FOUNj) ON 100. 00 CD R. O. STEPHEN LUCENTE !✓q T eRMgIN � ( 733/1 ) WATERMAIN a rn c SEWER MAIN ° o Z CAP) 3 a L o STEPHEN in ENTE o ( 733/1 ) O A OD Z a v� P.0.8. Ne10 46'21 'W N70 WI 12546' e �1 54 17 .E 1001 ' FROM NEST L17•E 50920 0 c PoIN FOUND 1q1% ;AP OPKER WppDS RD `Ty Bocly�gQY O [f7 WOODS ROADER v Nc T w SE WAR MA .L V . IN NOTESi 1. SUBJECT TO WATERMAIN AND SEWERMAIN EASEMENTS TO TOWN OF ITHACA ` SURVEY MAP .l. py :. ' . . 2 . SUBJECT TO NYSEG EASEMENT a ,T' �' j^ L SANCTUARY r F DRIVE k•"� 5 {x - �i'•'+. 5g TDWN OF ITHACA C(]UNTY OF TOMPKINS STATE OF NEW YORK SALE LANAIS OF 1'30' SURVEY BY STEVE L.FABBRONI LUCNTE 7-1 49682 .Ci evs. �• f s August 1 , 2005 Town Board Meeting ATTACHMENT # 5 _= TOWN OF ITHACA &LEND -A # 15 �8 2t 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 July 14, 2005 - Mr. William E . Wendt, Director of Transportation Services Cornell University 116 Maple Avenue Ithaca, NY 14850-4999 Re : Proposal Regarding Costs Associated with Cornell University Transportation-focused Generic Environmental Impact Statement (T-GEIS) Dear Mr. Wendt: As a follow-up to our meetings on June 15th and July 12th, 2005 , I have outlined the Town of Ithaca' s proposal for charges to Cornell University to cover the anticipated costs of the Town' s participation as Lead Agency in the collaborative venture of the Transportation-focused Generic Environmental Impact Statement (T-GEIS) . Town of Ithaca and Cornell representatives have had discussions regarding the T-GEIS over the past several months, and are in agreement that the T-GEIS is the most appropriate means to identify, examine, and evaluate the transportation- related impacts and possible mitigation measures for planned campus projects and hypothetical growth scenarios for Cornell over the next decade. A GEIS is a tool available under New York State ' s Environmental Quality Review Act (6 NYCRR Part 617 — also known as SEQR) . 6 NYCRR, Part 617 . 13 provides guidelines for a Lead Agency to charge fees to the applicant in order to recover the costs of either preparing or reviewing the draft and/or final GEIS . Part 617 . 13 is specific regarding fee thresholds relating to residential and non-residential construction projects, but is not specific regarding costs associated with a GEIS . Beyond the SEQR guidelines, we see the T-GEIS as a partnership between Cornell and the Town of Ithaca to proactively plan for the future for campus growth on a regional basis. I have reviewed the Town' s anticipated time commitment in relation to participation in the T- GEIS process with Jonathan Kanter, Director of Planning. The following is our proposal for Cornell to cover the Town' s costs associated with the T-GEIS . There are two elements of the proposal spanning the next year-and-a-half — the first includes the time anticipated for the Supervisor' s and Planning Department ' s time commitment to the T-GEIS ; the second includes the Town ' s attorney fees associated with the project. Both elements are being broken down into two phases : July through December 2005 to parallel Cornell ' s structuring of the Scoping phase of the project; and the entire year of 2006 to cover the actual T-GEIS process. At this point, we have come up with Town staff' s anticipated costs relating to the T-GEIS , but are still working on the details of estimated attorney costs . Therefore, we would like to move ahead with the proposal for Town staff to participate in the T-GEIS process, so that we can obtain the necessary 1 authorization from the Town Board . We will soon follow up with our cost proposal for attorney time and involvement in the T-GEIS process . For the six-month period (July 1 – December 31 ) in 2005 , the total estunated costs, including salary and Town benefits, would be $32 ,000 . For the 2006 calendar year ( 12 months), the total estimated costs, including salary and benefits, would be $68 ,000 . Because a of the importance of this project, it is assumed that Town staff working on the T-GEIS wowd include the Supervisor (in my role as Chief-Administrative Officer of the Town), -Director of planning, and Assistant Director of Planning . The cost proposal , outlined below in more detai�, includes the hourly satary rate-plus Town-benefits-for-each-of-the-thr-ee-positions,–for-the-si-months-in-2005-(at —_ --_ current rates) and for the 2006 calendar year, factoring in the anticipated 3 % cost-of-livmg increase for 2006 (approved in concept by the Town Board at the July 1 , 2005 meeting) . 2005 : Supervisor : 225 hours @ $27 . 55 = $6 , 199 Director of Planning : 375 hours @ $ 51 . 32 = $ 19,245 Assistant Director of Planning : 200 hours @ $32 . 71 = $ 6, 542 2005 Sub-total : $31 ,986 (say $ 32 ,000) 2006 : Supervisor: 480 hours @ $28 . 38 = $ 13 ,622 Director of Planning: 770 hours @ $ 52 . 86 = $40,702 Assistant Director of Planning : 400 hours @ $ 33 . 68 = $ 13 ,472 2006 Sub-total : $67 ,796 (say $6 1000) We would need a confirmation that Cornell is in conceptual agreement with the above proposal prior to the August 1 , 2005 Town Board meeting, so that we can proceled with Town Board authorization to participate in the project and to factor the 2006 estimated cost into our 2006 Budget proposal . Please let me know as soon as possible if the above proposal is accept ble to Cornell so that we can move forward to initiate this collaborative effort. Sincerely, Catherine Valentino, Supervisor Town of Ithaca cc : Brenda Smith, T-GEIS Coordinator - Planning, Design, and Construction 2 i August 1 , 2005 Town Board Meeting ATTACHMENT # 6 oly OF 11'x, TOWN OF ITHACA 41 fa zi 4� 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 www. town , ithaca . ny . us TOWN CLERK' S OFFICE PHONE (607) 273- 1721 FAX (607) 273-5854 MEMORANDUM DATE : July 27 , 2005 TO : Town Board FROM : Tee-Ann Hunter RE : Dog Enumeration As requested by the Board at their July meeting , the Town Clerk's office has been gathering information about conducting a dog enumeration . We have contacted a number of municipalities who have recently conducted enumerations and gathered both information and materials that should prove useful if we decide to proceed with this project. Of immediate importance as we enter the 2006 budget season is the possible cost of such a project . There are a number of factors that need to be considered when trying to estimate the cost . They are as follows : 1 . Dog enumerators are typically paid per dogs they count, whether licensed or not , during an enumeration . The going rate per dog is $2 . 00 . 2 . The Town of Ithaca currently has 966 licensed dogs . 3 . The general consensus of the municipalities we 've spoken with is that we can expect to find an additional 50 % of the dogs we have licensed (or 483) that are not licensed . 966 + 483 = 1 , 449 dogs x $2 . 00/dog = $2 , 898 . 00 4 . Enumerators are also paid per mile . We should expect to pay 41 . 5 cents per mile . The Town has 125 miles of road . We recommend budgeting for 500 miles . 500 miles x 41 . 5/miles = $207 . 50 5 . Dependent upon how the project is structured there will be additional postage , printing , materials , and advertising costs that need to be added . If the Board decides to go forward with the project and keeping in mind that we may well discover more dogs than anticipated we recommend adding $ 5 , 000 to the 2006 budget . Offsetting these costs are possible revenues generated by the project . They are as follows : 1 . Pursuant to State law, the Town can charge a $ 5 . 00 fee for every unlicensed dog found during an enumeration . If we find the expected 4133 dogs , we would bring in $2 ,400 to be used to offset the costs of the enumeration . 2 . The Town also retains $6 . 00 of the $ 8 . 50 ($ 16 . 50 if un spayed or un -neutered ) of the license fee . If we find the expected 483 dogs , we ill bring in an additional $2 , 898 in licensing fees . It should be noted that this increased dog licensing revenue will be received annual as people renew their licenses . Planned properly, the enumeration could well pay for itself ($2 , 400 + $2 , 898 = $ 5 , 298 ) Carrie Whitmore has researched the enumeration process and ollected a considerable amount of useful material from other municipalities including a model agreement for contracting with an enumerator. The Clerk' s department looks forward to working with the Board to design and help administer the project should they decide to undertake it . . y �j 2 August 1 , 2005 Town Board Meeting 6oaJ-co ATTACHMENT # 7 C) �etikvt ,M t f l a FeO �`J Ca 1 ; I 4 10 T f C Q- 5 Ovie, %e- (e, it and (r II I � Ue eX'r 6� G y1Ci,1'�`0 �v �1�-jc,�t,�/'a�_�/ ter �f- Gv� l � SiM.� / r a Lift It It rz, mo ! / ,J-� C C� a✓ � �k✓I� � 1�l�'!ct?� au� �� CLV� � -SScre c� ! des rc a� . i l� i�o G,/�,�' or1� � 7wy� `�s G � (�✓yLl�� '�T� �eS c cJGVl�S Oilss w"J4c,�2 CC%I a+ ulUtle V S C � �Gv�E'� - ms`s S�ta � G1Ur W kc�' � 5 aL'tCA rbrvc�/( CLOD ( G cce\rS Ca uA, ,err 5 s it - -- -- — a� r 11q �e� VL - r go L -- - i - - - � i August 1 , 2005 Town Board Meeting ATTACHMENT # 8 TOWN CLERK' S MONTHLY REPORT TOWN OF ITRACA, NEW YORK JULY, 2005 THE SUPERVISOR: PAGE ] uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received e in connection with my office during the month stated above, excepting only such fees and moneys the application THE of which are otherwise provided for by Law: A1255 20 MARRIAGE LICENSES NO . 05055 TO 05074 350 .00 4 MISC. COPIES 6 .05 1 ZONING ORDINANCE 13 .32 7 TAX SEARCH 45 . 00 1 USE OF PARKS & BLDG 15 . 00 4 MARRIAGE TRANSCRIPT 40 . 00 TOTAL TOWN CLERK FEES 469.37 A1557 1 SPCA IMPOUND FEES 10.00 TOTAL A1557 10.00 A2544 DOG LICENSES 523 .35 TOTAL A2544 52335 10 19 BUILDING PERMIT 6, 105 . 00 I BUILDING PERMIT EXTENSIN 60 . 00 3 FIRE SAFETY INSPECTIONS 310 .00 2 ZONING BOARD MTG 100 .00 1 TEMP CERTIFICATE OCCUP 100 .00 4 OPERATING PERMIT 250 . 00 TOTAL B2110 69925.00 B2115 1 SUBDV. REV . INITIAL APL. 108 . 00 1 SUBDV . REV. PRELIM. PLAT 140 . 00 1 ASS . MTG . FEE P.H. PROCE 50 . 00 1 REZONING/ZONING AMEND 175 .00 TOTAL B2115 473.00 TOWN CLERK' S MONTHLY REPORT JULY, 2005 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 102 . 72 PAID TO SUPERVISOR FOR PART TOWN FUND 7,398 .00 PAID TO COUNTY TREASURER FOR DOG LICENSES 95 .65 PAID TO AG & MARKETS FOR DOG LICENSES 9 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 450 .00 TOTAL DISBURSEMENTS 8995537 AUGUST 1 , 2005 SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF I THACA 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 July 2005 for the August 1 , 2005 Meeting Parks and Trails Site work continued at Tutelo Park: -including grading; -top soiling and seeding; installing pre- cast walls for comfort station; and delivery of roof trusses and block for the comfort station. Several hazardous trees were cut down and removed along the nature trail . We completed the stump removal at the William and Hannah Pew Trail from Pine Tree Road to Joanne Drive . Grading and installation of crossing pipes were begun. Our summer youth employment program began July 5th. The four-person crew has been making needed repairs on our nine play structures, sanding and sealing, adding fibar mulch or pea gravel to re-furbish the base material, and staining park furniture as they work at each park. Regular grounds maintenance continued, as the lack of rainfall slowed growth of grass, we spent more time trimming shrubs, cutting brush along the trails, and replenishing woodchips under benches throughout the sites . Watering of recent plantings was done several times. Roads All roads to be paved or surface treated were hot patched, brush was cut, and other preparations were done prior to paving. We continued our program of ditching and hydro-seeding in the northeast. Roadside mowing was completed for the second pass around town. A catch basin was repaired on Marcy Court. Gravel was hauled to stockpile for mix paving and surface treating. Mix paving was done at Sky-vue Drive, Burns Way, and Updike Road . Culverts were installed for the resident at 112 Christopher Circle and for the Sons of Italy on Seven Mile Drive . The sidewalk at the downstream bridge on Forest Home Drive was repaired and the banks restored . Road crossing pipes were replaced on Stone Quarry Road . Hot mix paving was done on Salem Drive. and Seven Mile Drive. We provided trucking for the City of Ithaca and NYS DOT on paving and shoulder projects . We helped Cayuga Heights with our excavator repairing an exposed sewer line. We also provided our shoulder machine, loader, and operators to assist the Town of Dryden installing shoulders . We did some work for the County using our sewer vacuum. Water Inspections continued at Overlook, Schickle Road/ Kings Way watel main, and the T-main along Ellis Hollow Road . Hydrants were painted, utilizing tempora my summer workers . Water valves in the roadways were adjusted for our paving projects Sewer We used our camera to investigate a sewer blockage for a resident on Winthrop Drive . We also adjusted sewer manholes for our paving projects . Projects for August 1 . Surface treat roads . 2. Continue work on William and Hannah Pew Trail and Tutelo Park. 3 . Continue ditching and hydro-seeding. 4 . Install new PRV in Pearsall pump station. 5 . Continue park and trail grounds maintenance . 6 . Continue trimming brush around signs Town-wide . 7. Mix up shoulder material . ghk Town Engineer' s Report for 8/1/2005 Town Board Meeting GENERAL Pre-Disaster Hazard Mitigation Plan Comments from FEMA are pending. EARTH FILL PERMITS No fill permits were issued in July 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. East Hill Transmission Main and Storage Tank Easements have been signed by Cornell University. The transmission main project awarded to Chicago Construction and pipe installation is nearly complete. The Tank Project has been awarded to Natgun Corporation and a pre-construction meeting is scheduled for August 2 . 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 after all tests are completed and a completion certificate is filed with the Tompkins County Health Department, SEWER PROJECTS South woods Subdivision Force Main The Developer has completed the installation of the sewer system for phase I1 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 when the information is received IAWWTF Phosphorus Removal Project Concrete work is proceeding with construction of the tankage and super structure. Installation of the process equipment is also underway. . TOWN ENGINEERS REPORT 8/ 1 /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 completed. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan and model for the Town. Ben Hebdon is working for the summer as a student Engineering aide and has been using the Town GPS equipment to locate drainage ways and culverts and create accurate mapping for the watershed model. Three interns from Cornell, Lindsey, Matthew and Samuel have been surveying for a variety of drainage and other projects in the Town. Northeast Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the Hanshaw Road drainage system. Drainage improvements will be coordinated with the County plan for reconstruction of Hanshaw Road. The Town Engineer' s staff is preparing a design 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. The staff will develop a construction schedule for early fall. Eastern Heights Stream Bank Protection The Eastern Heights Stream Bank protection project consists of stabilizing approximately 300 lineal feet of stream channel with a heavy rock riprap lining. The channel carried the drainage from a large portion of the Eastern Heights subdivision and has been eroded badly over the last 25 years due to the increased discharge of water caused by the development. The erosion in the lower part of the waterway has washed away portions of the neighboring properties and was a threat to several structures on the properties. A contract to place heavy rock riprap was awarded to Silverline construction in June 2005 and work on the project started in mid July. Placement of 1707. 5 tons of gravel bedding and 923 tons of heavy rock lining was completed the week of July 22. The time for completion from mobilization to final restoration was less than 3 weeks. The total contract cost for the project was $76,878 .20, which was well below the project budget of $ 125 ,000. The following photos compare the site before work and after project completion. Town Engineer's ReportAugust 1 , 2005 Daniel R. Walker Page 2 7/29/2005 k If � raa : ✓ �V`snt } / I •I.(�.n ,try ":1' ! Y S .yR},^`159. /J t .uIr -•` r ` 4�i � Y3 ! �011-fp If�tPr�yw�pk�+ ilk f Tt'%� lp'�!'i I �11 5 ' y i >`tYL ).k"vlY Iv vi Guyer. !� w , It If � Fi. s�- .y+ � �.�>. .gl� t�- -•2 r -^ST �T��rT� / < ;f i i� Y �{ , 00, i . I rl 'Igfl, ✓7 it rNj al ( 4 jomi ) � q t4o r u � { . 1e f rI 1° y� if t, Xra•��', . 1 r F� ,�'°"dJ�t' �I y,�7, �M ��L�ET • �r n/ -/ J ' Io It ridto i St't Y+ ! Ir Y r , l • �+ t N I r � If IN If �! le , 1 y7. . l _ rft lkt J - T kill ILL k, All o kko et \_. A 't — � •` i ' • i . ' 1 1 ' w • ' 1 Moog • • 1 ' • • 1 ' 1 1 ell ev t j ell ell t • ;. ell i f � �> TOWN ENGINEERS REPORT 8/ 1 /2005 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 has being landscaped and stabilized. SOUTHWOODS Construction of phase II improvements is substantially complete. 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 Danby Road extension and sewer on Schickel Road has been completed. The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC . OVERLOOK ON THE WEST HILL Site work is underway with the mass grading for Phase 1 substantially complete. Both onsite and off site water and sewer improvements are substantially complete. Dedication of the portions to be owned by the Town will occur after all tests and certifications are complete and record drawings are received. The road way which will be come a Town road has been started with construction of the base. The road is being used as the primary construction access to the site. Final details of the intersection design with Rte 96 including the new traffic signal have received approval from NYSDOT. Engineering staff is monitoring the site sediment and erosion control measures. Town Engineer's ReportAugust I , 2005 Daniel R. Walker Page 5 7/29/2005 fly OF I r 9 TOWN OF ITHACA PLANNING DEPARTMENT BE - 215 NORTH TIOGA STREET, ITHACA, N.Y . 14850 4, W ,� o� Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for August 1 , 2005 Town Board Meeting DEVELOPMENT REVIEW July 5 , 2005 Meeting: (cancelled) July 19 2005 Meeting : Cornell University Precinct 8 Athletic Fields — Modification of Condition of Approval, Game Farm Road : The Planning Board approved the modification of condition " 1 . g." of the Planning Board' s Resolution for Site Plan Approval, granted August 5 , 2003 , Town of Ithaca Tax Parcel No ' s 62-2-3 , 62-2-4, 62-2 - 5 , 62-2-6, Low Density Residential Zone . Said condition required the transport of fill material for construction of Phase II of the athletic fields project off Game Farm Road to be restricted to the hours of 8 : 30AM to 4 : 30PM and to follow a specified route to and from the excavation site using Tower Road, Route 366 , and Game Farm Road. The applicant is requesting that the hours of operation not be restricted, and that trucks returning to the excavation site from Game Farm Road have flexibility to return by means of Ellis Hollow Road, Pine Tree Road, and Route 366 . The Planning Board granted a partial modification allowing flexibility in the trucking route, but changing the restriction on hours of trucking operation to be limited to 7 :00 a.m. to 4 : 30 p.m. Cornell University, Owner/Applicant; Brenda Smith, Civil Engineer, Agent. South Hill Business Campus — Recommendation to Town Board Regarding Rezoning and Site Plan, 950 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval (establishing a baseline of existing uses, buildings, and site layout) and issued an affirmative Recommendation to the Town Board regarding the proposed rezoning of a portion of the South Hill Business Campus property located at 950 Danby Road, Town of Ithaca Tax Parcel No . ' s 39- 1 - 1 . 1 and 39- 1 - 1 . 2 . Industrial and Office Park Commercial Zones . The proposal involves rezoning the existing Industrial Zone portion of the site to a new Planned Development Zone, which would allow a mix of uses allowed in the Industrial, Light Industrial , and Office Park Commercial Zones. South Hill Business Campus, LLC, Andy . Sciarabba, Managing Partner, Owner/Applicant; Linda Luciano, Property Manager, Agent, Sketch Plan Review — Babcock 8-Lot Subdivision, Haights Road and Trumansburg Road : The Planning Board reviewed a Sketch Plan for the proposed 8 -lot subdivision located on Hayts Road and Trumansburg Road, Town of Ithaca Tax Parcel No. ' s 24- 1 -23 and 24- 1 -32, Agricultural Zone . The proposal is to consolidate Tax Parcels 24- 1 -23 and 24- 1 -32 into one +/- 87 . 9-acre parcel, then subdivide off 7 residential lots (averaging 2 . 581 acres) along Hayts Road with the remaining +/- 69 acres being maintained as one parcel for agricultural use fronting on Trumansburg Road. Bruce & Dorothy Babcock, Owners ; George J . Gesslein, Agent. Nang�n�Br�ard' tl�eet�ng� � CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. SEQR Reviews for Zoning Board :oard : No SEQR reviews for the Zoning Board were done since the July report. Codes and Ordinances Committee COC : The July meeting was cancelled because of 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 considera ion of Conservation Board recommendation regarding the proposed Coy Glen Conservation Zone, Transportation Committee : The consultant selection committee met on June 30, 2005 to review the seven responses to the RFQ (Request for Qualifications) that were submitted, and held interviews with the two preferred consultants on July 13 , 2005 . The selection committee forwarded its recommendation to the full Committee, which is scheduled to meet on July 21 , 2005 to consider the selection committee' s recommendation and work to be done on the Tr sportation Plan during the summer. The recommendation for a consultant will be forwarded to the Town Board for consideration at the August 1 st meeting. Cornell Transportation-focused Generic Environmental Impact Statement T-GEIS : Recent meetings with Cornell have focused on discussing possible ranges of `actions" that would be the focus of the T-GEIS , funding from Cornell to enable the Town to partic pate in this study, and other related topics. Town officials will be attending a "kick-off' meeting wi h Cornell and their selected consultants on July 26, 2005 to discuss the process of formally initiating - the T-GEIS . We will update the Board on this at the August 1St meeting . Conservation Board : The Board met on July 7 , 2005 . Discussion it s included the need for a representative on the Tompkins County EMC, further review and coinment on the draft Stream Setback Law, and possible future Conservation Board projects . he next Board meeting is scheduled for August 4 , 2005 , at which there will be discussion regarding a possible Conservation Zone for the Indian Creek Gorge and Lake Slopes Unique Natural Area just west of Taughannock Boulevard . 2 Regular Meeting of the Ithaca Town Board , August 1 , 2005 Human Resources Report for July 2005 Personnel Committee : Did not meet in July. Safety Committee : Does not meet in July and August . Board Policy and Protocol Committee : The committee has completed the first draft of the manual . The committee will be taking -the chapters one by one and doing a second edit . As the committee completes the edits , the Town Board members will receive a copy to review and comment on . Personnel — Civil Service : In July, the temporary staff for PWD has gone . through orientation . Survey information request was sent out to Villages and Town ' s in Tompkins County regarding their Justice compensation and benefits . At the request of the Highway Superintendent a review of the classification of the Automotive Mechanic Assistant was completed . A request for reclassification will be presented at the August Town Board meeting . Training and Development : Work was done on the Fall Brainteaser Series . The series will have 2 sessions offered in September, 2 in October and 1 in November. Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : Time was dedicated to pulling supporting information together for the claim received in June . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) : No new claims to report . Disability Insurance : No new claims on file . Employee Benefit Insurances : Staff was given the opportunity during open enrollment meetings to enroll in payroll deductible voluntary short term disability and or life insurance . Submitted By: Judith C . Drake , PHR , Human Resources Manager OF ITIY TOWN OF ITHACA � l U[2 J1 4� 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 To : Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Carolyn Grigorov, Councilperson William Lesser, Councilperson Herb Engman, Councilperson From : Mamie Kirchgessner, Recreation and Youth Coordinator June 2005 Youth Employment June was a very busy month for this activity. To date forty three (43 ) youth and or caregivers for youth interested in employment have contacted me . Highlights were : • Through Town funding 13 town youth have positions at seven different sites including Lifelong, GIAC, Sciencecenter, Museum of the Earth, Village at Ithaca the Town clerk, courts and highway. • The Town has a youth corps project including youth referred from "special needs programming." • Five youth are still pending as I await information about other funding sources and placements . • Two have positions through other programs. (Joblink and Cornell "On-Top" Program through learning web • Of the 20 expected placements : 11 are male and 9 female; 8 are white, 3 are African-American, 2 Hispanic/Latino, 2 are Asian and four multi-ethnic; five are 14 , five are 15 , four are 17 , three are 16, and one is 18 . All had little if any paid work experience . • One youth who after meeting with me followed up with information I provided and located a summer position on his own. After discussion with the committee $ 8 , 000 that is matched by other municipal sources is being utilized to provide both income and meaningful work to youth who would not otherwise have these opportunities . It was a legitimate process for the youth participating . Over the course of their employment I will be evaluating with their site supervisors the youths progress and an employment resource list for our "trained" employees to locate other prospects. We are still awaiting award information on the SARA grant completed by Tee Ann and I . } Y This project would require the supervision of youth documenting the Town' s historical records. We plan to begin the project this summer with youth who 4ave contacted me about employment. Joint Youth Commission This month ' s meeting reviewed annual report information on 2004 programs and established a process for requests for proposals for the 2006 fiscal ear. Karen Coleman the Town ' s liaison from the County Youth provided the Commissi n members with demographic information concerning the Town and Villages of Calruga Heights and Lansing. Of note is although the Town ' s population between 0-and nine dropped the age group between 10- 17 is larger. The Youth Commission has listed the following as service priorities : • Employment training opportunities including job readiness and skill building workshops designed for the middle school population . • Programs that would increase employment opportunities fo A youth with a focus on youth who are between the ages of 15 - 18 and who are first time job seekers . • Community based programs during non-school hours to encourage healthy personal development and promote community involvement. Requests for proposals are due August 5 , 2005 for review by the J C later that month. Both the Learning Web and Cooperative Extension have active summer programs planned. Cathy and Al are scheduled to provide a program for the Learning Web ' s Community Service Program later this month . Recreation Partnership Recreation Partnership has proceeded with the request for proposals process. Two meetings are scheduled for this month to review and recommend a proposed budget for next year. The city has submitted two options to the board "core" programs including the highest use activities ($ 184 ,323 total cost) and a "core plus" option that includes all activities in the recreation partnership brochures ($218 ,522 total cost) . The group is discussing the role of the county in the city' s facilities cost as this cost has resulted in cuts in program offerings . See Attachments . Recreation and Human Service Committee George Frantz was invited to the last meeting to participate in discussions for the opening of Tutelo Park but was unable to attend due to being called out oft wn. Senior softball began June 7 and a joint hike occurred on South hill Recreation Way on June 14 with the "Senior Walkers" . Planning intern Nicole Tedesco prepared an initial draft of a brochure/map outlining the Town' s recreational facilities to be presented to the committee in response to community requests for the information. I am coordinating with Nicole both staff and Committee input. Nicole plans to attend our next meeting to discuss a Final draft. The committee raised the possibility of solicited sponsorship for production costs and possible private graphics design. I will be following up on these possibilities and cost. Related Activity I continue to research and follow up with other community resources for program support. Private foundation support exists within Tompkins County for an array of possible programs; I am building both relationships and an information base to benefit the Town. ws: w /.sa`„ - Z"" lee,�y1 I If � I emu• , # � � � f5 h » / gt.ra, +S ay . ' n •" �s r _.. .._. fi. ,r,;;rmvr/5 a , fN,n, . . . . ,2 iro:. , .f i7Yi ., „ .u., . . .,.9,ff 155555555 N M eff If Z I-0 - / �� 4t qi'M sr 8xi �� ` Y 'se59� feeile If f -feV\\ �t ,rya I e� / - e <) . \ - / I If If 4 „`.e'., 1 .. • `;' �s� fix✓ - - 1{63t#:.t � �_ y &' ,t!%i ` -.''• w• - ygez1:. fieifiy= WNa.f�>. . :..`uEi#&4Pn7.» .., ii .xvi4,r� �. ...u�,fz Ile i ef Network/Record Specialist Report August 1 , 2005 NO WEB STATISTICS AVAILABLE THIS MONTH Website • Site of the Month page . . . This month : Visit Ithaca. com • Did You Know link This month: Zoning Map Network • Hardware upgrades for Town Hall client PCs continue . • New security software installed to monitor Town Hall and Public Works router traffic . Ad nal: Website statistics are still unavailable. Please see Lisa if any Town Board member has any questions or concerns regarding this downtime of services. Csvu/ ""` / f /Pi7 °77@PEi� f ueweaeeMeeeesnrwow,net ,��i ie -e Ynf' if / � ' 't ;:!: - `a r✓✓.,r j: ',`^`�s� E a r_e - E .. .a •:i tart fa tffn 9 z, ti 1rb� icrbsoft0 tl af� n Town. nf;,ithaca :::Micr y � ioY` F` fee �^ a\ \ •+<'uK a . . . .o, �(�yj . . . . . . . ... ....�,...,.w tt�sw..,. ..w..e. ,. . ... /r :4� , ,. .w�rrr August 1 , 2005 Town Board Meeting ATTACHMENT # 9 To: Cathy Valentino Al Carvill From: Peter Stein Subject: Requested Information I am requesting an Excel Worksheet (i.e., the worksheet itself, not a printed copy) containing the following information for the budget years 2000, 2001, 2002, 2003, 2004, 2005, 2006 . I am asking for the totals of each of these items across all of the funds that comprise the Town Budget. If any of these items are confusing or inconsistent, or if the miscellaneous item is not the smallest in the group, please let me know . A. Revenue: 1 . Property Tax Receipts 2 . User fees/taxes (e. g ., fire protection) paid along with the property tax 3 . User fees paid independently of the property tax 40 Sales tax 5 . Grants 6 . Payments from other governments 7. Inter-fund transfers 8 . Drawdown from reserve funds 9 . Bonding 10 . Miscellaneous B . Expenses: 1 . Wages and salaries, including fringes 2 . Debt service 3 . Expendable supplies and materials 4. Capital expenditures 5 . Private consultants and other contracted services 6 . Payments to other public entities (water sewer, etc. ) 7. Inter-fund transfers 8 . Contributions to reserve funds 9 . Miscellaneous C. Personnel 1 . Wages and salaries excluding fringes 2. Fringes 3 . FTEs 4. 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N N A x " - " co m Cn W •� CV A W m W Cn mO Cn b) 131 O Am Cn W cm N) (7) o W A CD W I i A A A A (O A (n O O Cn " CO N W A -4 V O m 0 d3 69 69 fA ;(1 n m N m -+ 3 NN N W � m W NONO NO --� Z ...• -' CO OD W V W W N 00 p C.0 -N 0 co CD O Omm CO CO CDs m W CO N m m oo O > Cn V W m N Co N A A V m A O A ACD V NOO N CO Nm0 -' W i CO O O O O coo O O CD OD N i N V N r n 69 69 N N N N w N N O co w A m N N Cn N O N C71 J V V " m cn CO V N V A A A O COA A co m m0CD O OCO W O W N Cn w N W Cn A A CO A Cn CO m m m ) V V CD O V N Cn (n co N V (n W A A Oo O W i V O i co O O O O O N N O W Oo O V A A 6) Efl 4fl EA W W W W O w co O co V A W A O J N O A m w N 0 Oo0O " V CnA O � J O co CO N mwA (o (D ONOOO " 0) O ON CDO O W W V m fn W N V W A A V W CD co O v V N A V m V V -+ N 69 69 69 ffl N N N N W W N Cn A Cn N W O W J O Cn A A co m W Cn A A A Cn O CD OD O co A UC m W m m O W N O J A OO Cn A Cn -+ j V N {a ) M ID-" -J W W (D W V A A O V N A O (O m N DD A Cn i i O i i A CD cn O O Cn N CD m i m m A A CO U1 69 69 69 CA) 1 W � � � � _. O "..� W N W W 00 00 N Cn V O A CO A (A J co CD � m w Cn W Cn Oo " O Cn Cn O � m m CO V V A W O O N N " CnO N AN J N O N N V W JmO CO O O W O m O m A W W N CO cn Cn (n O N " 00 " Co A i i i i Cn O m O cn co W m m m W m co w A 4fl 69 ffl 69 m W m Cn co N N O N V W N N J O co N co J CD W (n N N OD Cn W -� N i co w A m ''A O A N J A O N W m w co 0o O m N CO V - 00 Cn m N A V w Cn N m 0 m Cn O m m CD O O N W O N CD Co co V O i i i co m co W O Cn to N V i W O O A V W 69 6) 69 69 w w w w m A -� U1 A Cn m m m A V W W m W -� w Cn N N O J m Cn O m N 0 co W CO co CO O OD co w m m N m W V A CD N co Cn CT' O N m N O m W W W Ul Cn W N N W W N CD W O J Cn CO V n CO m V m V m m August 1 , 2005 Town Board Meeting ATTACHMENT # 10 BARNEY , GROSSMAN , DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST C . Barney SUITE 400 Facsimile Peter G . Grossman 119 EAST SENECA STREET (607) 272-8806 David A. Dubow ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) Randall B. Marcus Jonathan A. Orkin (607) 273-6841 Kevin A. Jones CONFIDENTIAL - LEGAL ADVICE TOWN BOARD MEETING AUGUST 1 , 2005 AGENDA ITEM NO . 11 MEMORANDUM TO : Honorable Catherine Valentino and Members of the Town Board of the Town of Ithaca FROM : John C . Barney, Esq. DATE : July 27, 2005 Ladies & Gentlemen: At the last Town Board meeting an issue was raised as to the possibility of establishing a residential parking permit process for the residents of Penny Lane. This memorandum summarizes our findings with respect to such an arrangement. The City of Ithaca has a residential parking permit system for the Bryant Park area of the City. I spoke to the City Attorney, Marry Luster, and was advised that it required state enabling legislation in order to create such a system. The City obtained such legislation and it is found in Section 1640-e of the Vehicle and Traffic Law. In addition the cities of Rye, Rochester, Yonkers, Beacon, Auburn, Peekskill, and several villages have obtained similar enabling legislation (see Vehicle and Traffic Law § 1640-b through § 1640-i) . Two Towns, Eastchester and Harrison, have also obtained enabling legislation (Vehicle and Traffic Law § § 1662-b and 1662-0 . Accordingly, it appears that the State of New York by adopting enabling legislation has sanctioned a process for a town to adopt a residential parking permit system for specified areas of the town. Attached, for informational purposes, are copies of the City of Ithaca' s enabling legislation and the Town of Eastchester' s enabling legislation. What is less clear to me is the assertion that enabling legislation is require in order to adopt a residential parking permit system. Generally, a town (or, indeed, any governmental unit) may not adopt a form of legislation which discriminates unfairly against a segment of the population. J Barney, rossman , Dubow & Marcus July 27, 2005 Page 2 Thus, in People v. Greeman, 137 N . Y. S . 2d 388 (County. Court, Westch ster County, 1952) a village regulation limiting parking on a certain street to only residents o the street was found invalid on the grounds that the regulation was "discriminatory. . . in that it bears no relation to the welfare of the public generally but is designed for the convenience and interest of a special class" . This case has been cited by the New York State Comptroller in pinion No . 80-23 which upheld an exemption from meter fee charges for certain persons such as handicapped, aged, and firemen but stated that a village "in regulating on-street parking, cannot discriminate between residents and non-residents of the village." citing, among other sources, ew York State Constitution Article 1 , Section 11 . Notwithstanding the above cases n constitutional sections , it appears that the Legislature of the State of New York does authorize residential permit process for roads within a municipality. The question then become if it s not unconstitutional for the New York State government to allow such form of parking, wha would be the prohibition against a municipality allowing such parking? In this latter connection, there are a couple of statutes to be noted : First, Vehicle & Traffic Law § 1660(a) ( 18) states the town board may "prohibit, restrict or limit the sto ping, standing or parking of vehicles" . Section 1660(d) specifically authorizes a town bo d to "prohibit, restrict or limit the stopping, standing or parking of vehicles upon property owned or leased by such town" . Finally, § 130(7) of the Town Law authorizes the town board to adopt ordinances, rules and regulations "regulating the use of streets, highways, sidewalks in pu lie places by pedestrians, animals, motor and other vehicles . . . ; restricting parking o all vehicles therein; . . " . Thus there appears to be legislative authority, even without special e abling legislation from the state, for the adoption of a residential parking permit arrangement. Based on the foregoing, if the Town Board were to choose to consider s me sort of permit for residential parking on Penny Lane, to be absolutely safe, we would sugg st requesting state enabling legislation authorizing the adoption of such a plan . Obviously that would not be obtainable for a period of time since the Legislature is not presently insession. In the interim, if the Town wanted to move more quickly, the Town could consider adopting its own parking permit legislation in accordance with the general authorizing legislation resently in place, and then seeking the state legislation next winter and re-adopting the local law if and when state legislation is enacted. I look forward to discussing this matter further with you at the Town Bo d meeting. JCB : sls Attachment xc : Fred Noteboom, Highway Superintendent Tee-Ann Hunter, Town Clerk r c3 U o o COD �cdyy V V .-. bog O y . . �Lp o 0 Ej 0 3 . c`3 ° c o ° ..� ca o o .� x o . y d F .�r U y 44 4y O .� w 'o oyo U 'r7 O Cp W a`� ro q ca '1: by >~ o a O Cd v e.) o '7 y .� O 00„,4 •�o-4 o on & o o.V .'d O h y p 4) 42� ° y � u x o Gc y c .q�U CC% . Go cf U ,V O b ty C rA cu — CU\ � U oo .2~a y U N .0 � N ma � a . 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N 5 Q W t8 U w D + Z o b rA') O o C ti REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, SEPTEMBER 12 , 2005 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NY 14850 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature — Tim Joseph 4 . Report of Common Council — Robin Korherr 5 . Report of Fire Commissioners — Bob Romanowski 6 . 6 : 00 p . m . - Persons to be Heard and Board Comments 7 . 6 : 15 p . m . - Consider Supporting Tompkins County Area Development's Application for Designation of Certain Areas within Tompkins County as an Empire Zone 8 . 6 : 30 p . m . — Public Hearing regarding a Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the South Hill Business Campus on Danby Road Owned by South Hill Business Campus , LLC 9 . Consider Adoption of a Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the South Hill Business Campus on Danby Road Owned by South Hill Business Campus , LLC 10 . 6 : 45 p . m . — Youth Employment Recognition 11 . Presentation on Municipal Finance and Budgeting 12 . Discussion of Special Town Board Meetings 13 . 7 : 30 p . m . - Consider Referring Longview ( Ithacare) Zoning Modification Request to the Planning Board for Recommendation 14 . 8 : 00 p . m . - Consider Lead Agency Designation for Cornell University Transportation Focused GEIS and 10-Year Transportation Impact Mitigation Strategy 15 . Discussion of Sidewalk Policy as it relates to Hanshaw Road Reconstruction Project 16 . Consider Acceptance of a portion of Larisa Lane in the Westview Subdivision 17 . Consider Authorization to Sign Agreement with County Sheriff' s Department for Deputy Patrol at Boynton Middle School 18 . Consider Setting a Public Hearing to Consider a Local Law Amending the Code of the Town of Ithaca to grant the Town Board discretion to reduce fees and extend the duration for tem orary certificates of occupancy 19 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract d . Brush and Leaf Pick- Up Dates e . Attendance at New York Planning Federation Lonference f. Regular Appointment of Code Enforcement Officer 20 . 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 . Pegasys 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 ommission u . Transportation Committee 21 . Report of Town Officials a . Town Clerk b . Highway Superintendent l 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 . Attorney for the Town 22 . Review of Correspondence a . 8/5/05 — Letter from Kathy Luz Herrera re Sale of County Parcels to NYS Office of Parks , Recreation and Historic Preservation b . 8/ 13/05 — Letter from Time Warner Cable re Use of PEGASYS c. 8/ 15/05 — Notice of Liquor License Renewal from John Thomas Steakhouse d . 8/22/05 — Gadabout Budget Request (to Board on 8/29/05) e . 8/22/05 — Letter from Barbara Murphy , NYS Dept of State , re Quality Communities Grant Program f. 8/24/05 — Letter from US Department of the Treasury re Tax Forms g . 8/25/05 — Letter from Tompkins County Board of Elections re Primary h . 8/25/05 — Letter from Board of Elections re implementation of HAVA i . 8/26/05 — Letter from J . Jurkowich , Tompkins County Planning , re Cayuga Lake Local Waterfront Revitalization Program j . SPCA July 2005 Monthly Report 23 . Consider Executive Session regarding real property acquisition and a personnel matter. 24 . Consider Adjournment