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HomeMy WebLinkAboutTB Minutes 2007-01-08 Final Agenda Regular Meeting of the Ithaca Town Board Monday, January 8 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca New York AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature 4 . Report of City of Ithaca Common Council — Robin Korherr 5 . Report of Fire Commissioner 6 . 6 : 00 p . m . — Persons to Be Heard and Board Comments 7 . Consider Setting Public Hearing to consider a Local Law Amending Chapter 270 of the Code of the Town of Ithaca , titled "Zoning " , regarding use of Planning Board Alternate Members 8 . Consider Setting a Public Hearing to consider a Local Law Increasing the Income Limitations for the Partial Exemption for Real Property Owned by Persons with Disabilities and Limited Income 9 . Consider Setting a Public Hearing to consider a Local Law Increasing the Income Limitations for the Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are 65 Years of Age or Over 10 . Consider Cornell Sailing Center request for amendment of Lakefront Commercial Zone and referral to Planning Board for a recommendation 11 . Consider Setting a Public Hearing regarding Finger Lakes Land Trust proposal 12 . 7 : 00 p . m . - Public Hearing to Consider the Draft Town of Ithaca Transportation Plan 13 . 7 : 45 p . m . Public Hearing regarding Noise Permit application 14 . Consider granting Noise Permit application for Jacob Wallack Final Agenda 15 . Consider Approval of the 2007 Town Board Meeting Schedule 16 . Consider Appointment of Interview Committee for Planning Board Member 17 . Consider Appointment of Planning Board Chair 18 . Consider Appointment of Zoning Board of Appeals Member 19 . Consider Appointment of Zoning Board of Appeals Chair 20 . Consider Appointment of Conservation Board Members 20a . Consider Appointment of Associate Members 21 . Consider Appointment of Conservation Board Chair 22 . Consider Appointment of Deputy Supervisor 23 . Consider Supervisor' s Board and Committee Appointments 24 . Consider Appointment of Citizen Advisory Committees 25 . Consider Appointment of Town Historian 26 . Consider Appointment of Attorneys for the Town 27 . Consider Agreement for the Expenditure of Highway Monies 28 . Consider Authorizing Requests for Proposals for Cleaning Services 29 . Discussion of Association of Towns 2007 Resolutions and Consider Designation of Official Delegate and Alternate Delegate for New York State Association of Towns 2007 Annual Meeting 30 . Consent Agenda a . Approval of Town Board Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract d . Voucher Deadlines for 2007 e . Cash Management and Investment Policies and Procedures f. Designation of Official Newspaper g . Designation of Official Depositories of Town Funds h . Official Bonds of Town Officers and Employees i . Holiday Tree Pick- Up Final Agenda 1 . Report of Town Officials a . Town Clerk b . Highway Superintendent c . Director of Engineering d . Director of Planning e . Budget Officer f. Manager of Human Resources g . Network/Records Specialist h . Recreation and Youth Coordinator i . Attorney for the Town j . Tax Collector 2 . Report of Town Committees a . Agriculture Committee b . Agricultural Land Preservation Committee c . Alternate Energy Committee d . Capital Projects and Fiscal Planning Committee e . Codes and Ordinances Committee f. Ethics Board g . Personnel Committee h . Public Works Committee i . Recreation and Human Services Committee j . Records Management Advisory Board k . Safety Committee I . Transportation Committee 3 . Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Trail Committee c . Joint Youth Commission d . Lake Source Data Sharing e . Pegasus Oversight Committee f. Recreation Partnership g . Special Joint Committee ( Sewer) h . Southern Cayuga Lake Intermunicipal Water Commission i . Tompkins County Council of Governments (TCCOG ) 4 . Review of Correspondence 5 . Consider Adjournment Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 AWL Regular Meeting of the Ithaca Town Board Monday, January 8 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York THOSE PRESENT : Supervisor Valentino ; Councilwoman Gittelman ; Councilman Burbank ; Councilman Engman ; Councilman Stein ; Councilman Cowie ; Councilwoman Leary STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; Fred Noteboom , Highway Superintendent ; Daniel Walker, Director of Engineering ; Judy Drake , Human Resources Manager; John Kanter, Director of Planning ; Al Carvill , Budget Officer; Susan Brock , Attorney for the Town OTHERS PRESENT : Bob Romanowski , Fire Commission ; Mike Koplinka- Loehr, Tompkins County Board of Representatives ; Preeti Panda , 28 Murfield Drive ; Rich DePaolo , 126 Northview Road ; Merry Jo Bauer, 921 Coddington Road ; Cali Grigorov , 629 Coddington Road ; Phil Syphrit , 696 Coddington Road ; Peter Grigorov , 611 Coddington Road , Louise Mudrak , 693 Coddington Road ; Jonathan Miller; 4 The ByWay ( Forest Home Improvement Association ) ; Darch Binns , 320 Forest Home Drive ( Forest Home Improvement Association ) ; John Schroeder, 618 Steward Avenue ; Doug Brittan , 135 Warren Road ; Bruce Brittain , 135 Warren Road ; Tycho Dan , Ithaca Biodiesel ; Joe and Jutta lacovelli , Pennsylvania Avenue 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 (Attachment #1 — 2007 Tompkins County Committee Assignments ) Mr. Koplinka- Loehr appeared on behalf of Tompkins County Legislature . He gave Ms . Hunter a list of 2007 committee assignments and had information on grants available from the Strategic Tourism Planning Board . Regarding the budget process , Mr. Koplinka- Loehr told the Board that the County is probably going to have two or three public meetings throughout the community in the first quarter of the year, before the Legislature ' s budget retreat . He will let the Board know when the Town portion of those meetings will be held . Tim Joseph received a letter from Nassau County regarding individual counties levying a cigarette tax . Mr. Koplinka- Loehr reported that the Legislature was mixed in how to proceed with that . A subsequent letter asked how the County felt about counties banding together and asking for a statewide increase in cigarette tax . Mr. Koplinka- Loehr reported that he could get a copy of the letter so that the Town , if interested , could weigh in on the issue . The revenue would not necessarily come to Towns ; it would probably come to the counties . He was sure there would be many other kinds of revenue suggestions coming forward with the new Legislature and people with new ideas in State government . Mr. Engman asked if the concept of the transfer tax was still active in the Legislature . Mr. Koplinka- Loehr told him that it was not still active . There are two kinds of taxes that the 1 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 County was authorized to levy , the transfer tax and the mortgage tax . The transfer tax was implemented and the mortgage tax was not , maybe because the transfer tax is on the seller and the mortgage tax is on the buyer. Ms . Leary reported there was another county in the area that is talking about raising the legal smoking age . She asked if this was something Tompkins County has talked about . Mr. Koplinka- Loehr told her it was not . Supervisor Valentino noted that the County had passed a resolution regarding Lakeside Nursing Home and expressed concern regarding the pending lawsuit regarding their back taxes ; the Town is a party to that with the County . Ms . Valentino asked if part of the reason Lakeside was among the facilities recommended for closure had anything to do with their bankruptcy . Mr. Koplinka- Loehr told her , no , it was mostly historic management issues . Mr . Koplinka- Leohr thought the Berger Commission rested some of its advice on historic evidence and not the more recent evidence since the change in ownership . He did not think the recommendation was related to the lawsuit . Regarding the Town ' s Draft Transportation Plan , Mr. Burbank reported continuing resident concerns regarding the proposed widening of Coddington Road and the desire that those plans and a narrower road be reconsidered . He wondered if these concerns have been discussed at the County level and if there is a motion that could be done to scale back the project . Mr. Koplinka- Loehr stated that any motion from the Town to the Legislature would be useful . It has been discussed in depth and not just Coddington ; it' s Coddington , Hanshaw , Ellis Hollow , Forest Home . They are looking more comprehensively at how can citizens both understand the Transportation Law and what the constraints are so when they do advocate for something they know how far they can push . These discussions have happen and some community representatives have come to committee meetinga where planners and engineers have discussed this balancing act . It' s very much on people ' s minds and it is not just one road , it' s a whole series of those same concerns among a variety of different road . Ms . Valentino reported having attended a couple of the meetings with the consultants and John Lampman . Ms . Valentino did not feel the Coddington Road consultants did a particularly good job answering questions and coming up with alternate plans . Ms . Valentino proposed that a group go up to Albany and talk face to face with the State people regarding the impacts their decisions are having ; or they could ask the State people to come here . Because it is a County project she thought it would be more appropriate for the County to initiate such a meeting . Mr. Koplinka- Loehr told Ms . Valentino that he could talk with Mr. Lampman about trying to arrange this . Several County Legislators are going to be in Albany for the NYSAC meeting January 29th and 30th . Ms . Valentino felt it might be good to have some people from the Town included . Agenda Item No . 4 — Report of Common Council No one from Common Council was present to address the Board . Agenda Item No . 5 — Report of Fire Commissioners (Attachment #2— monthly report ) Mr. Romanowski appeared before the Board and read his monthly report from the Fire _ Commission . Mr. Romanowski asked for questions from the Board . 2 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Councilman Stein arrives Mr. Romanowski made the following comment regarding the Transportation Plan . As you know the waterfront trail and the Buffalo Street Bridge are involved in some safety considerations for emergency services: fire department, police, medical services. They are doing their best to find alternative routes for the waterfront trail so a lane is not taken out of service on that bridge. It is congested now and it is even more so when emergency vehicles have to get through there; especially with a train coming through or the traffic tie ups. When you talk about your transportation plan hope that, in the back of your mind, that you have the consideration for emergency service personnel and vehicles anywhere in this County or in the Town of Ithaca because this is an example of missing completely the safety aspects of emergency services. That's a person plea from me from the Fire Department. The same as the City of Ithaca putting speed bumps and everything else and then paying for massive repair jobs to the big trucks because they can 't maneuver it or can 't get to an emergency scene whether it is medical or fire. That's it. Councilman Engman referring to Mr. Romanowski ' s Commission report noted that the cost per incident went up $ 1 , 000 , which is over 25 % in 2006 than in 2005 . He questioned the cause of the increase . Mr . Romanowski told him to take a look at the fuel costs . Overtime used and fuel expenses are the two items that drive up the cost of the extraordinary incidents . Agenda Item No . 15 - Consider Approval of the 2007 Town Board Meeting Schedule TB RESOLUTION NO , 2007 - 001 : Set Dates for 2007 Town Board Meetings BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the following schedule for its 2007 Town Board meeting dates : Monday , February 12 , 2007 5 : 30 p . m . Monday , March 12 , 2007 5 : 30 p . m . Monday , April 9 , 2007 5 : 30 p . m . Monday , May 7 , 2007 5 : 30 p . m . Monday , June 11 , 2007 5 : 30 p . m . Monday , July 9 , 2007 5 : 30 p . m . Monday , August 13 , 2007 5 : 30 p . m . Monday , September 10 , 2007 5 : 30 p . m . Thursday , October 4 , 2007 5 : 30 p . m . Budget Discussion Monday , October 15 , 2007 5 : 30 p . m . (Monday, Oct. 8m is Columbus Day) Thursday , November 8 , 2007 5 : 30 p . m . Budget Discussion Monday , November 19 , 2007 5 : 30 p . m . ( Monday, Nov. 12'h is Veteran 's Day) 3 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Monday , December 10 , 2007 5 : 30 p . m . Monday , December 31 , 2007 10 : 00 a . m . Year-End Meeting MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye , Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein Agenda Item No . 6 — Persons to be Heard and Board Comments Supervisor Valentino asked if there were members of the public wishing to address the Board . Rich DiPalo , 126 Northview Road (Attachment #3 — Fast facts about proposed Coddington Road project) The reason that I 'm as here is that I would like to discuss a specific issue that has to do with the agenda at large, which is the Town Transportation Plan. I live near Coddington Road and as all of you are aware, Coddington Road has been scheduled for rehabilitation. There has been some back and forth between area residents and the County regarding the design of Coddington Road which currently has ten foot lanes and gravel shoulders of varying widths. The initial design called for 12-foot lanes and 5-foot shoulders, we are now down to 11 / 4. 1 know that some of you are aware of this so I won 't bore you with the details. But what I decided to do was to go around the County and informally survey the various urban collector roads and urban minor arterials with my handy tape measure and laptop computer. What I discovered is that of the 13 urban collector roads that I surveyed, the average lane width is actually less than 10 feet. It's 9 % feet. The average shoulder width is less than 3 feet. Now what's happened here with relationship to the federal funding component of this project is as you know there is a minimum design criteria required by the State and possibly passed down by the feds that calls for minimum lane widths of 11 feet essentially and minimum shoulders of 4 feet. What that would do on Coddington Road is expand the existing footprint by 50% . And, of course, with all the encroachment upon the adjacent properties and everything else that comes along with that the road is also designed to be leveled and straightened which would, in all likelihood, exacerbate what is already an existing speeding problem up there. But the primary reason I 'm hear is not only to talk about Coddington Road but after surveying these various collectors and arterials throughout the County, it appears that the Towns very good and very sound vision for the transportation system in the Town might be compromised by virtue of the fact that the Town and the County rather, more than likely, is incumbent upon this federal money. So what you might end up with is a situation where every existing 9 or 10 foot lanes is going to become an 11 foot lane, every existing 2 foot gravel shoulder could become a 4 or 5 or larger shoulder. And while there certainly are needs in certain areas for pedestrian accommodations and so forth and for some safety enhancements on the roadway, I think that what is likely to happen is that this plan is only going to be worth the paper it is printed on unless the Board can take it upon itself to try to effect through political means some sort of dialogue with the County, State, to try to crack this funding nut because obviously we need the money and local municipalities need the money. But it seems like a 4 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 real travesty to have this sort of federal cookie cutter design lowered upon communities despite their stated wants and well thought out planning needs. That's primarily why I am here. You can see for yourself the specifics of the survey. What is currently being proposed for Coddington Road is essentially the equivalent of the average minor arterial road in Tompkins County. So if all the collectors are sort of by default converted to these minor arterials, what happens to the minor arterials ? Are they converted to something even larger? The first domino falls and they all fall. So we 're at a point in the planning process, I fear, where a couple of projects have been proposed but there are more that have been proposed and that are probably going to require this money and unless we, as a community, establish a precedent to try to do everything in our power by way official contacts, well placed editorials, news releases, whatever it takes to try to make this an issue, we 're basically going to get paved under and I fear that could happen within the next 5 to 10 years. Just as a way of giving you an idea of the amount of pavement that is currently proposed for Coddington Road, it's the pavement equivalent of building a mile of Route 79 right now. That's the amount of pavement that is going to be added to Coddington Road and 1 think that anyone who has driven that stretch of road knows if you add that amount of pavement up there it is going to dramatically change the character of that neighborhood and that community. With that I just want to let you know that 1 'll do anything that I can to help you. I know that I don 't have an official capacity but 1 want you to know that I could certainly try to organize constituency so that you don 't feel that you are out there sticking your necks out with no support from the Town. We 're here for you as well and we hope that you 're here for us. Ms . Valentino reported on her earlier conversation with Mr. Koplinka- Loehr regarding talking with State personnel . Louise Mudrak, 693 Coddington Road (Attachment #4 — comments on Draft Transportation Plan ) I 'm in cahoots with these folks. I live on Coddington Road. I 've lived along Coddington Road for 30 years and I was really happy to read in your plan the goal or focus on decreasing reliance on privately owned motor vehicles, increasing opportunities for transit, and we all walk along the South Hill Trail every day, it's wonderful, and reducing negative impacts. We 've been going through these hearings on Coddington Road and I 'm kind of right in the center by the big Burns Road interface. We count how many speeding cars go by and how many run over our lawns and drive through our front yards and stuff. So when I read your plan there was a huge disjunct between the plan, and I thought oh yeah this is really great, this is what it should feel like to live in the Town of Ithaca. And then I was reflecting about this road planning process and / just thought, you know Coddington Road is a linear historic neighborhood and that might sound trite. It's not a farming neighborhood, it's a linear historic neighborhood that goes, 1 mean as most of you know I 've been involved with the Community Center for a long time, from beyond the Community Center down almost to South Hill School. It's a neighborhood space and I kept thinking, man if we were just shaped like a cul-de-sac none of this would be a problem. And this feels to us exactly like what was happening in the 60s in the urban neighborhoods, you know, roads that were just defined into a highway oriented neighborhood. A place to get people some place faster, and not really recognizing the neighborhood quality of the landscape that you are living in . My friend defined all the details in ways that I can 't, but the other big thing that I 'm wondering if anybody's looking at, and maybe it is, 1 have no doubt about the competence of the engineers who are doing the planning and so forth, but 1 have a creek that comes off of Coddington Road. The water runs 5 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 through it off of King Road through my property down into Six Mile Creek. Every time there is a big highway improvement the quantity of water that comes through there is huge and those soils are so unstable, there 's so much sediment that rushes down through there. If we 're talking about a huge, the profile across the road in front of my house will be an increase of 10 feet from what it is now. That's just across the road. 10 feet more pavement. So the amount of runoff and salt coming off that into the creeks, the quantity runoff, and the quality of runoff I 'm really hoping that there is a very thorough environmental review of this stuff Not only on the boundaries of the highway project, but where I see a huge problem is the stuff comes through, comes through the culverts, they're all properly designed but the quantity is huge and the gully washing is huge and the quality of the water coming through there it's downstream from the property edge of the project. I hope that's looked at because it all goes right into our drinking water. If we 're talking about quality of life to me that is a big concern. I too will, there are a number of people will work with, any direction you think is useful. Thank you for your time. Thomas Pfaff, 642 Coddington Road Sometimes it's hard to vision the linear neighborhood and what goes on in Coddington when you don 't live out there. So I wanted to give you an idea of what I see in the morning. Generally, Coddington is not a well-traveled road; cars usually don 't bunch up which is sort of strange that they want to build this size road that they want to build. There is one time that cars group together and that is when the school buses are going by. So again we often don 't think of Coddington as a neighborhood but when you do start to go out there you realize there are a number of bus stops along Coddington in the morning and in the afternoon and that does cluster cars. So what happens is you get these groups and some people are a little bit impatient and with few foot lanes and gravel shoulder so far the record right now that I 've seen right in front of my house is a car passing six other cars in the morning. And I see this because the school bus lets cars go by shortly before the bus stop in front of my house where three of my four boys are getting on the bus in the morning. So kind of imagine the speed and what's going on down there with 10 foot lanes and gravel shoulders and you 've got people in the morning passing six other cars with school bus stops. Now make this road much wider and much more visually appealling for going faster and kind of think about what is going to happen with the cars traveling in the morning for the few people that just can 't sort of wait to get around those cars when the bus clusters them up. So that just maybe gives you a little idea of the real linear neighborhood which people have a hard time thinking about. The other thing that was brought up was what is going to be the impact of 50% more pavement on the runoff into Six Mile Creek. We really haven 't heard anything from the public meetings with the engineers about this. That's a lot more pavement and impervious surface for water runoff that comes down Coddington and crosses Coddington with the number of little creeks and little places there. Thank you Fay Gugakis I have a few things I want to say. Related to this (Transportation Study) and same with the City of Ithaca you have these wonderful plans and this is a wonderful plan. The Town does a lot of good work. We might not agree on everything, but you really work hard and I thank you for it. The concern that I have is implementing a lot of this stuff, and that means money. I will go into more of that at 7:00, but what I want to remind everybody is that Cornell University made an announcement that they are going to be studying their tax exempt status and in 6 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 three month 's time there is going to be a report that is going to come out. I ask all of you to seriously look at that because I 'm interested, I think the rest of us should be interested in their effect on this community. 1 know that for some people it looks like Cornell bashing, that's not what I 'm doing, that's not what I want to do, but I think responsibility should be shared. And I think, yes, they provide jobs and maybe the City of Ithaca wouldn 't be the same without them, but still they need to share their responsibility like other Universities do. There are other universities that give a lot more to their host community. I think they should definitely be giving 2 million at least to the City. They should be giving something to the Town and the County. I think there is enough money to go around. I think that is something I would ask all of you, once that study comes out, to please do something publicly or hold some kind of a meeting. I 'm hoping the City of Ithaca will do that and we need to work together on that. The same thing with Ithaca College. Ithaca College is almost absent in this picture. Cornell is making some effort, but Ithaca College is just sitting up there and when 1 see people talking about Coddington Road, my goodness, we had a death on Coddington Road and then accidents on Coddington Road with bicyclists. There 's a whole college up there. So I 'm going to be talking about that later, but I think that this is where the State comes in and where I want the municipalities to work together and I think there is a lot of power. I will give you an example at 7: 00 that I 've witnessed with my biking that I think we need to do. The last thing I wanted to just say is about the jet skis and I know that you have passed the strongest law. The City, I don 't understand why they didn 't do anything about noise. But 1 will say, last year when I was at Taughannock Park, the jet skis were just as bad and personally I think they need to be banned. I know that the visitors bureau don 't want to do anything about it, we want to promote tourism in Tompkins County. Well, I for one want to go somewhere where nature is respected, where people are respected, and I think a lot of the people that are using the jet skis are from out of town (turn tape) . . . there 's not much I as an individual, I get laughed at. So I went up to the jet skiers and said, I 'd like to know are you from this area or from out of town. They were from out of town and they wouldn 't care less if they were affecting my afternoon, which they did. So, anyway we would talk about that another time, today I know the focus is on transportation, but / just wanted to add that. I did read this. I think it's very good, but I think we need money. Phil Syphrit, 696 Coddington Road I also live on Coddington Road, straight across the street from Louis Mudrak. My wife bought our home 20 years ago. I 've lived there about 9 years. We 're fairly close to the Burns intersection. I work at Cornell as one of gardeners at Cornell Plantations. I work specifically with trees and one of the concerns that has gotten very little attention with the proposal of widening the road is the whole idea of what the short term and long term impact might be on the plants in that area . Science is realizing that our idea of tree roots is really not correct. Remember when we were kids and you had the little golden book, how a tree grows, there was like the whole top of the tree and then underneath there was this whole enormous root system that was basically no wider than the drip edge of the trees. That's really not correct. Many, many species of trees have roots that are much more shallow and much, much wider than used to be thought. In some of my conversations with John Lampman he has said that certainly they want to widen the road as per their plans, but to have things come as close to trees as possible to help create the illusion of narrowness, to help keep speed down, which is also an interesting point right there. Why have the illusion of narrowness as opposed to simply having narrowness ? By constructing, doing that much work that close to those trees, there will be impact on those plants. Now it might not be instantaneous and that's also part of 7 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 this that concerns me. Let's say the construction is done right up to the drip edge of these trees, those roots have been impacted all up and down the construction zone. Five years from now trees start to whither and die. But because we 're human beings and we think in terms of our life span, well that construction was done five years ago, that can 't be what's causing those trees to die now. Don 't forget, for an organism that might live 2 or 3 hundred years, 5 years / 10 years is a pretty instantaneous response. So I 'm quite concerned that the simple idea of trying to do a good thing, trying to leave the trees, trying to build as close to the trees as possible will actually backfire. And because those things will start dying, and they will, 5 years, 10 years from now the goal is just going to be lost, the goal of building the road right up to that. That's a very specific point and obviously something that's of concern to me. And it's a very specific point that I have not heard get very much attention at all and I think it's an important thing. I think it's something worth considering. Ms . Valentino stated it was a very good point and thanked Mr. Syphrit for his comment . Mr. Burbank asked for confirmation that Mr. Syphrit was not calling for removal of the trees , but asking for the Town to do what they can to keep the road narrow so that the road does not impinge on existing trees . Mr. Syphrit told him that was correct . There was no one else present to address the Board . Supervisor Valentino asked for comments from the Board ; there were none . Agenda Item No . 7 — Consider setting a public hearing to consider a local law amending Chapter 270 of the Code , titled Zoning , regarding the use of Planning Board Alternate Members (Attachment #5 — draft local law) The Board received a copy of the revised draft local law in their board packets . TB RESOLUTION NO . 2007 - 002 : Setting a Public Hearing regarding a Local Law amending Chapter 270 of the Town of Ithaca Code , entitled "Zoning " , regarding the use of Planning Board Alternate Members 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 February , at 7 : 00 p . m . for the purpose of considering a proposed local law Amending Chapter 270 of the Town of Ithaca Code , entitled "Zoning " , regarding the use of Planning Board Alternate Members ; 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 8 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 SECONDED : Councilwoman Gittelman ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye Councilman Stein , aye . ABSENT : Councilman Cowie Agenda Item No . 8 — Consider setting a public hearing to consider a local law increasing the income limitations for the partial exemption of real property owned by persons with disabilities and limited incomes (Attachment #6 — draft local law) The Board received a copy of the proposed local law in their packets . TB RESOLUTION NO . 2007- 003 : SET A PUBLIC HEARING FOR A " LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE . TITLED " TAXATION " , REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES 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 February 2007 , at 7 : 05 p . m . for the purpose of considering the adoption of a local law entitled : LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE , TITLED "TAXATION " , REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES and it is further RESOLVED , that at such time and place all persons interested in such local law may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . 9 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Agenda Item No . 9 — Consider setting a public hearing to consider a local law increasing the income limitations for the partial tax exemption for real property owned by persons with limited incomes who are 65 years of age or older (Attachment #7 — draft local law) The Board received a copy of the proposed local law in their packets . Attorney Brock reported that when she went through and drafted the law to include the higher income limits , she compared the Town ' s current law to the statute and there was one instance where the Town was inconsistent and can 't be . It' s in the description of who owns the property. The Town ' s law did not have a required provision regarding siblings . Ms . Brock told the Board she added it . One other Town Code provision that deals with exemptions , she thought it was the one regarding people with disabilities , did have the siblings language in it . She wanted the Board to know that there were some other little tinkerings she made to get the law up to date , fix references where laws had changed , numbers had changed , and made the law consistent with the real property tax law. Mr. Engman questioned the exemption schedule stating that the person who has more assets , that is a more expensive home , actually gets a bigger tax break than the one who has less assets . He felt the basis for the exemption was screwed up , the people with more assets get the bigger tax break . He stated it didn 't make any sense to him and was just pointing out that we have a habit of giving money to the better off in society instead of those who really need it and this is another example of that . Supervisor Valentino concurred and gave examples of similar situations in the IRS tax law. TB RESOLUTION NO . 2007 m .004@ Setting . a Public Hearing for a LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE , TITLED " TAXATION ' , REGARDING SENIOR CITIZENS EXEMPTION 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 February 2007 , at 7 : 08 p . m . for the purpose of considering the adoption of a local law entitled : LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE , TITLED "TAXATION " , REGARDING SENIOR CITIZENS EXEMPTION and it is further RESOLVED , that at such time and place all persons interested in such local law may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Supervisor Valentino 10 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 SECONDED : Councilwoman Leary VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 10 - Consider Cornell Sailing Center request for amendment of Lakefront Commercial Zone and referral to Planning Board for a recommendation (Attachment #8 — letter from Shirley Egan ; Promect narrative and sketch plan review for ; site ma Mr. Kanter told the Board that the request in front of them is for a basic zoning amendment to amend the current lakefront commercial zone to add educational and institutional uses into the already existing zone . What they are proposing under the umbrella of educational or school uses is not currently allowed in that zone , which is ironic because in terms of the scale of types of uses allowed in zones , it' s one of the more intensive zones , which most commercial zones are . All residential zones actually do allow educational uses . This is one of the few zones in the Town that does not . Al Ganert, Director of Physical Education , Cornell University Mr. Ganert appeared before the Board and briefly described their request as follows : I 'm the Director of Physical Education at Cornell University and I 'm representing the Athletic Department here. Sitting next to me is Bob Blatney and he is the project manager and will describe that shortly, for our sailing center which we 're considering on the 1000 East Shore Drive spot. My motivation is, as you 've discussed, to propose an amendment to allow educational programming at 1000 East Shore Drive, which is currently not being allowed by the Lakefront Commercial Zoning. The programs that I am considering planning is spring, summer, fall physical education sailing programs; summer Cornell University sports camp sailing program; about a 1 -week program; Cornell Adult University child and adult program, Ithaca Youth Bureau Sailing classes; greater Ithaca community membership program where we will give an instruction class to anybody that signs up for the membership and the membership allows them to come down and take . a sailboat anytime that they want and go sailing. And also lake access for the college of engineering and the colleges of Arts and Science, basically biological sciences, to go out and use the lake for various class and observation and research. Are there any questions ? Councilman Engman asked for the terms of the Town park lease . Mr. Kanter told him it is a 99-year lease and the Town does not pay anything for it . In response to questions from Mr . Stein , Mr. Kanter invited Mr. Gantert to further describe the proposed uses for the property . My involvement with the property began in the early 80s when Dave McCrery, proprietor of New York Board sailing, was running New York Board Sailing as a commercial business. I was contracting David, at the time, to conduct classes for physical education which was 11 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 summer, fall, and spring classes. He was also allowing the Cornell Sailing Club men 's and women 's team to store their boats on the facility and operate on the facility. Since Cornell University gained ownership of the property at 1000 East Shore Drive, I have had the opportunity to purchase the property once the Fairmont Development proposal was ended from Cornell University and the potential and the ability to increase educational programming as I described, which means in addition to summer, fall, and spring physical education classes, to offer classes for the sports camps, CA U, the Ithaca Youth Bureau and this open membership, which we currently have going. In addition to that there are marina operation ongoing at the East Shore property. We have about 60 boatslips, I could be off by a few, - but it's about right. Mr. Kanter drew the Board ' s attention to the materials provided in their packets . Under current zoning it is pretty specific and limited types of usage that are currently allowed . The only uses that are allowed by right are boat harbor and marina . That' s all you can do without further special approval . By special permit you can also have a hotel or motel , you can have a clubhouse , you can have a mixed - use commercial and residential development or public utility . That' s all that' s listed in our zoning . When something is not listed , it is prohibited . Mr. Stein asked if there was any way of assessing what impact this is going to have on people that live near the site . Mr. Kanter told the Board that this would probably be an unlisted action , which is one of those rare opportunities when both the Planning Board and Town Board can conduct their own independent environmental reviews . This is a fairly small- scale facility , 5 , 000 or so square feet . Mr. Stein stated he had no idea whatsoever what the impact is going to be and before voting yes on this he wondered if anyone was going to do more assessment and , if the Town changes the zoning , will they have any right to ask the question how much effect on the environment this is going to have . Mr . Kanter told him the answer is , yes . Mr. Engman felt Mr. Stein was correct to ask what the impacts will be but thought the Board should also remember that the previous proposal for the site was a hotel and the parking was going to be across the railroad tracks , across Route 34 . He thought Cornell Physical Education had done quite a favor by coming up with a proposal that is infinitely more hospitable to the site , will attract less traffic , and have fewer headaches than the hotel would have . Mr. Engman thought it was worth looking at it further and would support sending it on to the Planning Board for their review . Mr. Gantert told the Board he had sent a letter out to the community , all the people that live up Route 34 to the north and south of the property , and scheduled a meeting at Town Hall on January 17th at 7 p . m . to show the community what they are doing and to receive comments . Mr. Gantert believed Chris Balestra has alerted the interested people back last summer when they originally talked to the Town . They have put the concept out into the community and should receive some substantial feedback . Councilman Burbank shared Mr. Engman ' s sentiments that this is a better proposal than the last one Cornell brought forward . He was delighted that there would be many opportunities for people of the larger community to get access to the water, to get access to sailing . He asked if it was clear what is going to be the added number of trips in and out of the facility . Mr. Gantert did not think the pressure on the property relative to usage will change at all or at least substantially . It won 't change much from what is going on . Mr. Burbank asked if there would be any accommodation in this plan for the sailboarders who seem to be using the 12 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 property adjacent to the north of the Town park for whom this seems to be the only access . Mr . Gantert stated they could accommodate anybody that wants to use the facilities . There . would be a charge . Mr. Cowie asked if there would be an increase in motorboat traffic . Mr . Gantert told him no . they have 4 26-foot sailboats available for the opening sailing membership program . They have 6 horsepower mowers and a few chase boats . Mr. Cowie stated it seemed like a great community resource . Mr . briefly reviewed the project for the Board . The project will involve the removal of the existing 1 , 200 square foot A-frame building and replacing it with an all-new 2- story sailing center of about 5 , 4000 square feet located in very much the same position as the existing building . There is also a very small boat storage building on the site . That will be removed , but the plan also calls for a low storage structured placed just south of the bath house . Minor improvement to the site itself include reconfiguring the gravel in the parking lot , putting new gravel down , improving the boat launch ramp . For the most part it takes two rather dilapidated structures away and replaces them with new buildings . There has been a concerted effort on the part of the architect to do something here that is neighborly with respect to the cottages that are to the north and to the south . There has been a strong effort here to have this be a friendly building and look very residential . TB RESOLUTION NO , 2007- 005 : Refer Request to Amend Chapter 270 , Zoning , Article X_VIII , Lakefront Commercial Zones , of the Town of Ithaca Code to the Planning Board for a Recommendation WHEREAS , Cornell University is proposing to construct a new Sailing Center, boat storage shed , and modify the graveled boat launch for easier access , on their property at 1000 East Shore Drive , Town of Ithaca Tax Parcel No . 19-2 -29 , Lakefront Commercial Zone , and WHEREAS , said proposal would partially replace existing facilities , which are currently used for a private marina with boat launch , boat slips , on-site boat storage and bathhouse ; Cornell ' s physical education program for sailing , boating and board sailing classes ; sailing classes for the Ithaca Youth Bureau , Cornell Adult University , and the Cornell Sports Camp Program ; and classes in such programs as Natural Resources , Engineering Hydrology , and Biological Sciences , and WHEREAS , Cornell University indicates that in conjunction with the proposed reconstruction of the deteriorating sailing center facilities , the existing site utilization would remain unchanged , and WHEREAS , in conjunction with their proposal , Cornell University is requesting that Chapter 270 , Zoning , Article XVIII , Lakefront Commercial Zones , of the Town of Ithaca Code , which governs the use of their property , be amended by the Town Board , and WHEREAS , the requested amendment would modify Section 270- 141 , Principal Uses Authorized by Special Permit Only , of the Town of Ithaca Code , by adding a new sub-section " F " allowing the following uses by special permit only : " Public , parochial and private schools , 13 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 public library , public museum , day-care center, nursery school , and any institution of higher learning , excluding dormitory accommodations WHEREAS , the Cornell University property at 1000 East Shore Drive is currently the only area in the Town of Ithaca zoned as Lakefront Commercial , and WHEREAS , the Town Board at its regular meeting on January 8 , 2007 , reviewed and discussed materials , entitled " Project Narrative — Sketch Plan Review for the Merrill Family Sailing Center, 1000 East Shore Drive , Tax Parcel # 19-2 -29 , dated December 15 , 2006 , describing the above-referenced project , and WHEREAS , the proposed amendment of the Zoning Code by the Town Board and the related site plan approval and special permit by the Planning Board for the proposed reconstruction of the Sailing Center and related site modifications are Unlisted actions pursuant to 6 NYCRR Part 617 (SEQR) and Chapter 148 Environmental Quality Review of the Town of Ithaca Code , now therefore be it RESOLVED that the Town Board of the Town of Ithaca hereby refers the above-described requested amendment of Chapter 270 , Zoning , Article XVIII , Lakefront Commercial Zones , to the Planning Board for their recommendation , and be it further RESOLVED that the Town Board hereby recommends that the Planning Board and Town Board each act as lead agency for their respective actions for purposes of . conducting the environmental reviews of the above-described actions pursuant to 6 NYCRR Part 617 (SEQR) and Chapter 148 of the Town of Code . MOVED : Councilman Engman SECONDED : Councilman Cowie ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 11 — Consider setting a public hearing regarding the Finger Lakes Land Trust proposal Ms . Brock told the Board that there was nothing to vote on at the evening ' s meeting . Since the Board ' s last meeting she reported having spoken to Andy Zepp , Ed Marx and Jonathan Woods , and has sent some proposed language to change in the deed having to do with the reversionary rights that Cornell had . As far as Ms . Brock could tell the County has not made much progress in identifying the mechanism by which this money will be given to the Land Trust and what the County would be getting in return . Until that gets nailed down , there is nothing for the Board to vote on . The matter was adjourned for a future meeting . Agenda Item No . 12 — Public hearing to consider the Draft Town of Ithaca Transportation Plan (Attachment #9 — memo from J . Kanter) 14 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Mr. Kanter stated they were not asking the Board to do anything tonight other than hear the public comments and send the plan back to the Transportation Committee to put all the comments they have received together and produce a revised plan . The revised plan will be brought back to the Board for action . Supervisor Valentino reported having received an email from Bill Lesser that she would pass along to Mr. Kanter to add to the comments received . Nicole Tedesco appeared before the Board . She reminded the Board that she had appeared before them a month and a half ago at which time they set this public hearing . A first public hearing was held at a Planning Board meeting . Tonight is the second opportunity for the public to address the Town . The goal this evening is to get more input from the public after which they would go back to the Transportation Committee with a somewhat put together final plan that incorporates all the comments they have received from September up until the present and the Committee will hopefully forward the plan to the Town Board for an action . Mr. Stein asked how many people they got at the first public hearing . Ms . Tedesco told him 20 , plus or minus , with between 10 and 12 speaking . Since then they have gotten a decent number of email comments and telephone calls . Mr. Tedesco told the Board that overall she has been really pleased and impressed with the turnout they have gotten . She stated she has heard from close to 30 people so far. Mr. Burbank told Ms . Tedesco that earlier in the evening people from Coddington Road appeared before the Board . They were commenting on the plan very favorably and expressing concerns , however, that the spirit of the Plan might be undermined by Supervisor Valentino asked for comments from the public . John Schroeder, 618 Stewart Ave I am here with 2 hats. My first hat is as President of Eco- Village of Ithaca in the Town and the Town discussed transportation issues and the fact that this plan was being made last year and I was asked to share two thoughts. One is the strong feeling that residents of Evo- Village would love to see a sidewalk, not an off-road path but a sidewalk along Route 79 at least from Eco- Village and the Linderman Creek area down to the City of Ithaca . People would love to make that walk. The other comment from Eco- Village, this will not be a surprise, but the desire for more frequent transit service. A transit stop has been built at Eco- Village and residents would love to have more frequent busses, bus stops at that location. Those are the two comments from Eco- Village. Now 1 'll put on my hat as a member of the City of Ithaca Planning and Development Board. We had a presentation at our last meeting, which we very much appreciate, from Nicole. I would just like to repeat a comment that I made, which I feel very strongly about . That is, there is a certain architecture of streets and roads that let people know they are in an urbanized area and that provide cues that they should slow down and be careful. Those cues, just to be very quick, there are curbs on the side of the road, it's not drainage ditches, that's the open countryside. There are curbs, there are tree lines, there are trees in the tree lines, and there are sidewalks on both sides of the road. When you reach a street with that type of architecture, you know I am now in an urbanized area, there are families living here, I need to slow down, I need to be careful. It is 15 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 my opinion that there are areas in the Town of Ithaca that have become sufficiently urbanized where that is the appropriate street architecture. . Specifically I would mention the area of Coddington Road closest to the City. I am not talking about the whole stretch that is under consideration for construction now, but certainly the area in the City definitely from the Ithaca College entrance on down, but actually further up from that is a fairly dense urban fabric. I think that is the appropriate architecture for a street like that and I would argue the same for Mecklenburg Road from Eco- Village and Linderman Creek down to the City. There are certain areas of the City where sidewalks also need to be added and they're doing that and I agree that there is more work that needs to be done in the City as well, but I would just urge that the areas in the Town that are really urbanized, that that is the appropriate type of street architecture because when you have, again, just no curbs, wide drains, areas on the side of the road and then drainage ditches, that indicates to a driver that I am in the countryside and I am just basically trying to get from one long-term destination to another long-term destination. But as soon as you see curbs, tree lawns, trees and sidewalks, you say , I 'm now in an urbanized area, it's time to slow down. So I would just urge that consideration be given to using that type of architecture in appropriate areas of the Town. Thank you. Fay Gougakus , City of Ithaca I want to quickly say that I read this just today. This afternoon I came and I picked it up and I read it through and 1 jotted down a whole bunch of points. I 'm sorry / am not better prepared. I feel strongly about this for various reasons, you know, being a bicyclist but I am not biking because I am against driving, / just haven 't learned how to drive, but 1 feel strongly on both sides, people driving well and if I drove I would want to be a careful driver as well as a careful bicyclist. So in any case, I think that this is very good and it is very honorable. The plans are very honorable. It's the implementation that I am worried about and that is not always easy. Whether it's a design plan or finances. But a couple quick things and then I want to give you an example of something that happened. Actually, maybe 1 'll say that first . . . Very quickly . . . I love to bike on East Shore Drive and I 've been doing it for years and the last couple of years I kind of slacked off and then in the fall, I think it was early fall, I took a ride down there and something just hit, because I always said why is it speed, why is it so dangerous by the Youth Bureau you know and the Visitor's Center there and I finally realized that it is 30mph once you get to the Youth Bureau and then as soon as you go out a little ways it's 40mph . And it just, I don 't know why, I finally saw that distinction. I always said, why is it so dangerous here ? So I biked all the way down past, a little ways up the hill there, past the plant. On the way back I saw a couple that were fixing their driveway. They were doing a lot of building and the cars, you know, it's lethal, it is so scary and of course there are lots of streets like that, roads in Ithaca, but this is a road that hovers the lake and it's nice . So I had stopped and said to them, this is really bad and they said, "oh yeah, it's really bad. " They actually have petitioned the State. So I spent 40 minutes talking to them and l said I am going to go before the Town and talk about this and I don 't know if I 've done the City of Ithaca yet but I know I brought it before the Cayuga Waterfront Trail meeting recently. The thing is that they said they petitioned the State, there are a couple of neighbors down there, they said they can 't, it's lethal to go and get the mail and I think they've had a couple of accidents on that road. What l suggested to them, I said "I don 't live here, but my suggestion to you is that people come together.- " I believe that so strongly, the power of unity. And I said to them "You need to go before the Town and get the Town to petition the State. " As long as, along with 16 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 the residents to do that as well and the City of Ithaca because you have the Youth Bureau there, you have the Visiting Center, you have people bicycling, you have people coming into the City or going out of the City. You can 't have people speeding right up to that point, it's lethal. So when 1 saw that there were people petitioning the State, those neighbors along East Shore Drive, I said this is crazy. 1 said no wonder you 're not getting anywhere. Because you have to work with the Town, the Town has to work with the City and they petition the State and then you 'll get somewhere. I don 't think you are going to be able to do this by yourself. Not saying they shouldn 't try. So I told them that. I gave them my phone number. I said if you want to work with me then that would be great because 1 have the same concern, but, I think this should be a group effort. I never heard from them but I said I was going to do this anyway. So I think that area is an area that is not listed here and I don 't know if this has come to your attention. It's a road that 1 like to bike on and it is getting worse and worse and worse and when I noticed that speed difference I realized that that's where the problem is. It should be 30 in the Town on the way in on East Shore Drive, not 40 and I think that creates the problem. So I wanted to share that with you because that's an example of a lot of things. Of changing the speed limit, of working with other municipalities, which is in your brochure. The power of unity. The power of education, which is something I have stressed with the Mayor in the City of Ithaca . The power of education. Let's use art, let's use billboards, let's use the radio, let's use the media. You know there 's ways of design to tell people we 're serious. That's the education component and the design component. And then there 's the enforcement component, which lacks because we don 't have money, which is why I always stress the collaboration between Ithaca College and Cornell. I 'm not out to demean them or chastise them or make them into the evil empire but I think that we need to collaborate together and if that's not going to happen, I 'm not going to give up because I think the money is there. So anyway, that's my first point. I think that area needs to be worked on . Please work on that area . There 's already many examples, people living there that are very fed up with it, that spot. So then I will just say a quick summary. We talked about education, lowering the speed limit, which is in the beginning, capital resources, which I brought up with that example. Now land use. You don 't know of course who 's going to . . .you don 't know what they're going to do with their land. A developer comes in, they want to develop something, that changes the traffic. Then on page 6 it talks about a lack of sidewalks, bike lanes and stuff. Yes, we already know that, that's why we 're here and I don 't know how that is going to be implemented because some places the roads are so thin. One thing, as a cyclist I will tell you, when you have a pavement and then it drops, that's very scary when you don 't have a shoulder and then I was hearing the other guy earlier talking about the trees and I 'm like, oh my God, how do you do this ? Because as a bicyclist you need to widen the road a little bit because you need that shoulder. If you don 't have a shoulder and then it drops like that, that's lethal, 111 tell you. Going out Cayuga Street down to the Youth Bureau it gets like that and that's very scary at some point. Now I don 't bike a lot out of town so 1 don 't know how the roads are, I'm a lazy bicyclist I hate to tell you . . . laughter. . . it would do me good to bike up the hills. And then TCAT, you mention TCA . The problem with TCAT is, you know, I live . . . I want to live in the City, I like to live downtown but there 's no busses after 8:00 in the outlying areas so that's a real problem and that's something . . . 17 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Catherine Valentino - In some areas there are, but not a lot. Okay, I wasn 't aware of that so my apologies for that . . . Catherine Valentino - But you 're right there should be more. And the other thing I stress also with the City Council and the Cayuga Waterfront Trail, it's great to do the trails, you know, the sort of touristy trails which are good for exercise for tourism but the daily commuters, there are people that commute from the Town outside the City into the City to go to work or they come into downtown and go to Cornell, it amazes me, there are people who do that . . . So for me I always stress, it's great to do the Cayuga Waterfront Trail and then the other trails but we need the regular roads to be safe for everybody. Not just for bicyclists but for people who walk and for cars themselves. I don 't think it's healthy for cars to speed anyway. Because there are other people who don 't speed. Cell phones is another issue that I know that at one point when it talks about people 's attention, being diverted, cell phone is something to be stressed because I see people like this now (mimic) and the cops tell me well as long as they are not holding like this (mimic) But that's insane, if you are holding it like this what difference does it make. Personally I don 't think anything should be in your ear while you 're driving and both things should be on the wheel. They should have something that you have it on the dashboard 1 guess, but the way driving is now, it's insanity. Another day I 'll come here and talk about the cell phone use in public places, including the library because that's not getting any better. The last couple points. The noise. I know you 're working on that and the light ordinance. Very good. wish that was something the City would do because the Cornell lights, you can see them everywhere, those stadium lights. I mean they are really, really horrible. So I really commend you for trying to do an ordinance on lights. I guess the last thing is the bike racks, because I see the picture, the last picture here, bicycle parking should be considered wherever there 's automobile parking. The City of Ithaca has it now in their development plans, when a new building comes up there should be a bike rack. Like Dunkin Donuts, for example, I finally went there on Sunday and there are no bike racks there. And there should be a bike rack at every new establishment. So it's really good that you have that here because that's very important if you want to promote bicycling. So the last thing is the bicycle racks themselves and I see that finally City Hall has them and the bike racks that are in the picture here, at least for me, it's very hard to mount to them. The ones that have those thin strips. So I would recommend, which I believe the bicycle committee City of Ithaca recommends is the ones that sort of loop around like that, it's easy to park the bike. I don 't know what they're called. I should know what they're called . . . (audience) . . yes, the inverted view . . . . I 'm bad, what can I say, I 'm not on top of everything, so I would recommend that when you put in bike racks, to put in those type of bike racks. I think they're the best. So, I hope I was helpful. I know you 're doing the best that you can. I thank you for other laws that you pass, but again, collaborating with everybody, unity is very important and money of course and that again comes out of cooperation . Catherine Valentino - Thank you Fay, you were very helpful. 18 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Bruce Brittan , 135 Warren Road 1 'd like to thank the Board and Nicole for the amount of work that's gone into this. I think you 've got a pretty good Transportation Plan and 1 am pleased to see it here and in the shape that it's almost in. I guess 1 should start by saying that I was a member of the Town of Ithaca Comprehensive Planning Committee 10 — 15 years ago . I was on the sub-committee, the Transportation sub- committee that established the need for this Transportation Plan. I have a PhD from Cornell in engineering, Doug is going to speak a little later. He 's got an MS in transportation policy from MIT. So together we have spent 100s of hours going through the Plan as it has evolved. It has gotten much better over time. The current Plan still needs some work. I do like the recommendations but my concern is that the Plan doesn 't support those adequately. Just some examples, there are hundred's of typo 's which unfortunately tend to discredit a plan. When you look through it and you see that there are typo 's in there. At least my thinking is if there are errors here, there 's errors elsewhere. They're clerical errors and the Executive Summary has sections in it that are not in the main text and it's missing sections that are in the main text. Figures in the Appendix, most of the them the vertical axis has been blacked out for some reason, I don 't know why. Some of the figures in the Appendix are labeled above some are labeled below, some aren 't labeled which makes it difficult to know which one is which. There are just some factual errors, this map I think it's map #8, which is speed limits in the Town of Ithaca, I found 6 errors just in the Forest Home area, and 1 have to admit that's the only part of Town that I know but if I can find 6 errors right in that area, Hanshaw Road, Warren Road, Pleasant Grove Road, McIntyre Place, Plantations Road. . . What about West Hill? I don 't know. Are there also errors there and . . . Mr. Kanter — Can I ask what are the errors you are talking about so we have an idea what to look for. Mr. Brittan — We have marked up a copy . . . Mr. Kanter — It doesn 't help to say that there are errors without saying what they are. Mr. Brittan — I understand. All I am trying to do here is give an overview of what little secret I have in the bag here. So in any case, if there are errors it does seem to discredit the Plan and why is that map there . Either it should be there . . . either its worth doing, it's worth doing right, if it's not worth doing tight, just pull the map, so either way. There are other errors, things like, well it mentions that, somewhere, I 've forgotten where now, that 60% of the walkways are not ADA compliant. And then from that it concludes that 60% of the walkways are not accessible. Well, being not ADA compliant and being inaccessible, there 's a big difference between those two. What else, what page are we on . . . Page 9 mentions that a building height to corridor width ratio of 1 . 2 prevents overly tall buildings and extremely wide streets. Well a ratio is just a ratio. It's not going to prevent wide streets and tall buildings. It just means that if you want tall buildings you should have wider streets. If you want narrow streets, you should have shorter buildings. So there 's some I guess errors in interpretation. Page 88 . . . There was apparently an analysis done looking at two different development scenarios. One being node based and the other one being laisefare, what ever happens, happens development. And on 19 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 page 88 it compares automotive total miles traveled on the evening commute on these two different scenarios. There 's only 2% difference between them. So yes, the node based is a smaller number but it's statistically insignificant and yet the Plan draws the conclusion that because it's less, therefore that's the way we have to go. So there 's an interpretation . . . I have a different interpretation than the Plan does. I guess the final thing that I will comment on is page 82 talks about scenic areas, putting roads in scenic areas. It says "effective transportation planning involves balancing trade-offs" and then later says that we should minimize the impact of roads on scenic areas. I don 't want to settle for balancing trade-offs or minimizing impacts. I think we can go beyond that. We can build beautiful roads. We can build roads that look like parks that enhance the beauty, instead of just saying well roads are ugly and therefore we have to balance, I think we can go beyond that. So I think it is a good Plan. I like the conclusions but I do have some concerns that the body of the Plan doesn 't fully support some of those conclusions. So that's, I think, where I will leave my comments and then I have . . . What should I do . . . give it to you, give it to Nicole, give it to Jon ? I should also add that I feel really badly. I should have gotten these comments to Nicole in a little more timely manner but life got in the way. Doug Brittan , 135 !Marren Road Just to clarify from what Bruce said, yes, we think the plan is pretty good, we think the conclusions are pretty good and I think if you incoporate our suggested changes, the text will do a better job of supporting the conclusions, which is I think what you want to do. So I hope you agree. I think it helps. All / am going to do is just pick out one thing which is beyond the typo. It may seem small but I actually think it's pretty important. It's one suggested change we made. On page 32 of the draft but it says the design speed . . . It says the design speed is the maximum safe speed that can be sustained on the roadway, usually targeted as the 85th percentile speed. So it's the maximum. safe speed. I am not blaming anyone for having that interpretation because it's actually very common. Most people seem to think that's what it is. Actually, if you read the Aston Manual, which is this thing here, Ashton Manual is, I should actually say, is a policy on the geometric design of highways and streets, this is the 2004 edition, by the American Association of State Highway and Transportation Officials which is a . . . essentially bureaucrats get together in Washington and they have their committees and they make recommendations and stuff. It's a group that has no legal authority over anyone, but, their recommendations are widely read and used. But design speed is not to make roads safe, it's to make roads safe and comfortable and that's an important distinction because, if you look in here, they calculate, you know, if you go fast you can 't go around as tight a corner, you all know this basic stuff. . . But they calculate the safe speed and then they calculate the comfortable speed and the comfortable speed is always slower than the safe speed. So they say, okay, comfort is the determining factor. So their specifications, their recommendations for design speed are based on the comfort criteria. if you design for the comfort of the driver, it will also be safe and that you will be able to make it around the corner and you will be able to stop in time. But safety is not the limiting factor. If you were to say, driver comfort is not our highest priority, we still want the road safe but driver comfort is not, 20 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 there are other considerations, which your plan says. Yyou know, we want nice neighborhoods, we want to make it good for pedestrians that's great. You can make a safe road that does not meet AASHTO 's specifications. And unfortunately the little quote you have in here implies that you have to meet their spec 's to be safe, which isn 't true. So, the suggestion that we made in here is to correct this so that it is not factually incorrect and just say that it is the speed at which the vast majority of driver's feel comfortable driving, which is actually what design speed is. Then it does not sort of bind you into using their stuff. It now leads logically to your conclusion that other facts are important to and that it's possible to have safe streets. And also, I am a little worried about liability if you say that you have to use the AASHTO design speed to be safe and then if the Town 's roads to not meet AASHTO specs, does that imply that Town roads aren 't safe. Well, actually, they are pretty safe. So it would be nice not to have something in here that could be interpreted to say that roads are not currently safe. So, I imagine . . . this sort of thing . . . I haven 't been involved in Coddington, but 1 know it keeps coming up and NYSDOT tends to attach their funding to meeting AASHTO 's specs for a specific design speed and they probably have told you and other people that it's oh, oh it's safety. 1 think it's important to keep in mind that it's possible to have a safe road and not meet their specifications. In fact, I don 't want to take your time, but if I could read a couple of quotes from here, a little historical perspective might be handy. The way design speed started, in the 1930s is when we really started building roads in this country that were designed for people to go . . . to drive on. Until then it was if you wanted to go cross country or from one part of the state to the other, you went from this intersection to this intersection and then you turned right, and then you go to that stop sign, and then you turn left. In the 1930 's they said why don 't we link these little road sections together, have little curves, we 'll call it like New York State Route 3 and then people can drive and it will have the right of way and other people trying to get on it will have stop signs and traffic just goes. We don 't want people to slow down. Just go. And so they said how do we design a road so that people do not slow down on corners. What if we want people to go 30 - 35, we don 't want them to slow down. What do we do ? So they figured out and that's what design speed is. So design speed is the speed that most people will not slow down below, even going around a corner. So if you have a design speed of 30, it means that most people will go around a 30 mph corner will not do it below 30 and that's what they've done. So that is very different because it means that if you have a design speed of 30, most people will not want to go at or above that. They talk about that in here . They talk about what the maximum side friction factor is for going around a corner. It should be that portion of the maximum say available side friction that can be used with comfort and safety that can be used by the majority of drivers, blah, blah, blah . . . of peak consideration in selecting a maximum side friction factors for use in designs. The level of centripetal or lateral acceleration that is sufficient to cause drivers to experience a feeling of discomfort and to react instinctively to avoid higher speed. So this is it. They don 't want people to slow down. They say it a few other ways, you know, they say it 146, in case you missed it before, they say it again, for cornering that "although based on a threshold of driver comfort rather than safety, the minimum radius of curvature is a significant value in alignment design . . . So, these are comfort. If you look at their calculations, the one you have for, let's say safety, how much you actually have, it's like double, approximately. You have twice as much grip or some time more . . . 2 or 3 times as much grip as the driver will comfortably use. And even that is based 21 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 on the research, which if you look at their references, one is from 1934 one is from 1936 and two of them are from 1940. Cars have changed since then, tires especially. Holy smoke, there was natural rubber back then so bald tire on concrete had no grip at all. So they were saying, depending on the speed, . but basically the lateral grip was like . 5 to . 35 g 's, g being . . .you guys all took physics in high school. . . You look at a modern . . . here 's my new issue of Road & Track . . . in every issue in the past few years, all the cars they've tested and the specs on them and the worst car they have in the past several years will corner at . 72 g 's and they think that a driver will only use maybe, at that speed, about . 18 and so that's what they're designed for. So again, if you design with AASHTO, or if you violate AASHTO . . . heavens, it does not mean that you are necessarily creating an unsafe road. So I think it is important to understand that, it does a better job of supporting your conclusions. It helps you understand that these guys goals maybe are a little different than yours. That's all. I hope it helps. I think the change will improve your report. Councilman Stein — I am trying to wonder. . . . it's been very interesting listening to that but I am wondering what relevance it has if in fact the overriding consideration is that towns don 't build roads out of their own pockets anymore and haven 't for a long time and if the guy that gives the money says you do according to that book, then like it or not, you do it according to that book. Is there something wrong with what I am saying ? Doug Brighton — Well not all the funding is necessarily through the State for a specific road. In general, roads that are designated as local roads, you guys do yourself. And the way you do it is you don 't have to . . . it doesn 't come with specific strings attached because it's your own money. So there are other funding sources and yes, but yes, there are difficulties but I think . . . That is a problem, but like if you were going to build a new road that went, I don 't know, from A to B and you said, why don 't we build a little road and have people go 40mph, that sounds good. What you could do is you could. tell New York State we 're going to build a new collector, because as a collector, you guys will help us pay for it and we are going to have a design speed of 30mph and we want people to go 30 and they'll pay for it or pay 90% or whatever. . . You build it, people go 40 and you put up a sign for speed limit of 40. So you can 't, . . . 1 think the more information you have the easier it is to understand what is going on and also it would be nice to have something in here that seems not to contradict your conclusion. That was my major concern. I wanted to explain it. That's all. Okay. Ms. Tedesco -- I have a really quick question. 1 am looking forward to seeing the marked up copy that you have. If we consider the majority of your suggestions, are you overall content with the general content? [yes] Okay. Because I am planning on spending the next 4- 6 weeks copy editing, letter by letter, page by page. Tony Ingram , 368 Stone Quarry Road I bring with me a wealth of ignorance about the Transportation Plan. I saw in the paper and oh my gosh I gotta go and then this afternoon, oh I better take a look at the website and the plan. I could get to the executive summary and the table of contents but when I tried to open the page with the actual plan, it wouldn 't work for me . I guess there were just thousands of people out there trying to do it at the same time or something, but in any case, I couldn 't look in detail . . . . 22 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Councilman Engman — That's good to know though if you were having trouble we should look into that. Mr. Ingram — Yes, I did an hour ago, but anyway I was trying to think well why do I want to come to this. There 's a couple of concerns that I have and I don 't know if they are reflected in the Plan . The Plan seems to be more philosophical than it is specific at this point in terms of saying well we are going to do this on this road and try to solve these problems with these specific details. But I do like the general drift that I saw of trying to reduce the amount of automobile traffic for the reasons that were stated in the Plan. In particular, for me, living up on Stone Quarry Road and living up in those hills, which probably most of us do, when you get to the City of Ithaca line you hit the drop off, the bottom of the hill where the glaciers really scraped it, and of course that's a safety problem and it's a congestion problem and also when you get near the City line there is not much room for expansion of the roads and I am not sure it would be a good idea if it where, at least the way they're constructed. So I have only been wondering for years, as the Town grows and as Ithaca is the nexis of transportation, like it or not, what are going to be the solutions to the problems and 1 am not sure the plan addressed that. I was kind of looking for that in there and I didn 't find it and that's a scary thing for me for a couple of reasons. Obviously for the safety reasons as we get more and more traffic going down South Hill and going down all the roads and you 've been around long enough, you know the accident history too and the big trucks that jackknife and take out this and that and then and they. Anyway, so living on Stone Quarry Road, my particular concern is that now that we have all the development in the southwest part of the city , Wegman 's and what not, Walmart, I see a lot more traffic going down that road. The neighbors that have been there a long time tell me that that was originally a hay path and they just built asphalt on it some time ago and then built better asphalt since then but it still has the root of the ancient hay path down the edge of the farmer's field. And so I am worried about that both from a safety standpoint, I have neighbors that do not take their mail from their mailbox because it is too dangerous to walk across the street as yahoos come whipping down the road at far over the speed limit and no shoulders in a lot of places, especially as you get closer to the city. But what I am mostly worried about is the amount of traffic coming down the road. What are we going to do ? Sandbank Road's got more traffic now, when we had the washout on Stone Quarry everybody went down Sandbank and holy smokes did they discover that hairpin turn around the gorge there and a couple of people did not discover it in time and we had some dramatic rescues. So all of these roads coming into Ithaca and go into the drop off and I remember years ago there was discussion of having a circular or u shaped bypass around the Town and one of them was going to go right up through Buttermilk State Park and of course that is close to my heart and close to my house and so I 've been assured that that is not going to happen. But / just don 't know how the Transportation Plan is going to address this, this long-term problem. I don 't have a solution for it. I really have not come up with anything and I think about it a lot. The other think I like about the Plan though is the emphasis on non-automobile transportation . Increasing the park and ride options around the Town. I 'd really like to see one up in the corner of West King Ro, of King Road and 96B. I 'd like to see the TCAT bus come all the way up there, the hourly TCAT bus, because now I've got about three or four options a day. Consequently, I don 't use that bus very often. But if it was up there coming every hour, you know, 0 .minutes, I'd walk up there and catch the bus. I 'd rather do that than running my car up and down the hill everyday. So that would be a very positive thing and then the bicycle routes and so forth and the bicycle racks on the buses. And I just figured out that I can walk by trail from my house to downtown . Well, I have to 23 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 bushwack through a part of Buttermilk Falls State Park but then I pick up the rim trail and then go down and then . . . I forget the name . . . it's a little railroad grade that goes across the . . . Councilman Engman - It will eventually be the Gateway Trail. It's not officially open. Mr. Ingram - Andy Hill was telling me how nice it was so I tried it the other day. I probably won 't do it every day but more and more options that we have like that. Walking options that we have for people to go from place to place. It's good for everybody's health and obviously good for the environment and maybe cut down a little bit on the traffic and so forth . So anyway, I love the general philosophy of the Plan and I 'd like to see some of the details as they shape out and be able to have a little input in them and maybe address that. Hopefully it does address that huge commuter problem of steep hills and narrow roads. There was no one else wishing to address the Board and Supervisor Valentino closed the Public Hearing at 7 : 45 p . m . Agenda Item No . 13 - Public Hearing regarding noise permit application (Attachment #10 - Noise permit application from 'J . Wallack) Supervisor Valentino opened the Public Hearing on the noise permit at 7 : 45 pm . Jutta lacovelli , Pennsylvania Ave . I am sorry to see that the applicants aren 't here because I would like to know a little bit more about the permit. Actually the day of the party that they are planning and the number of people that are going to attend. Ms . Hunter had a copy of the permit application and Ms . Valentino told her it was for Friday , January 26 . The applicant is expecting 50 people and there will be a band playing from 9 to midnight. Ms. lacovelli - I am here to respectfully ask that the permit not be granted. You may remember that . my husband and I where here, 1 think it was back in 2003t, the last time we knew about a permit application for a party. At that time the party was for 50 people, a birthday party, the kids promised that it was only going to be for 50 people, that the party would end at midnight, they would keep control over the actions and behaviors and underage drinking, and they would clean up all of the trash . None of that happened so that was a pretty bad experience. If this permit is granted for this party, I think that it goes totally against the noise ordinance that so many people worked so hard to get in place and I think it also sends the wrong message. Basically, I think we would be rewarding these students for their totally bad (tape switch) . . . that I am aware of for the noise ordinance already. So they are totally disrespectful of the neighborhood and if this permit is granted, what kind of controls are going to be in place to ensure that the neighborhood stays safe, that property is not destroyed, that the party does end at midnight, that the party is confined to 50 kids, 50 guests. Will the police be there to monitor? Will the police be there to make sure the party ends at midnight? Will the police be there to patrol the neighborhood to make sure that no property damage is done ? There are an awful lot of reasons why I don 't want to see this permit granted. I don 't 24 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 want to see a party. We 're right behind them. We 're going to get the brunt of whatever happens at that party and I know the kids probably said that they would control it that they would keep it to 50. 1 know from past history that they're not going to be able to control a darn thing. The word of the party is going to get out, there 's probably going to be hundreds of kids, and it's just going to affect the whole neighborhood. And I would again say that granting the permit to allow this kind of activity totally goes against that noise ordinance. Why did we work so hard to get the noise ordinance in place if we are going to say that it's okay for the kids to get drunk and have a party and just run wild through the neighborhood? I just know, I just feel, that that's what's going to happen . So again, I am asking that the permit not be granted. Thank you. Councilman Engman noted that the information sheet they received said all the neighboring houses are listed and signed for below and they are all on Coddington . He asked the Ms . lacovelli if they were on Coddington . Ms . lacovelli told him they were on Pennsyvlania , but they are a neighbor. Councilman Engman felt the Board needed to talk amongst themselves about what a " neighbor" means in relation to a Noise Permit application . Ms . Brock told him the standard is that notification is to be given to each person reasonable expected to be affected by the noise . Ms . lacovelli told the Board her property is definitely effected by the noise from that house and that they have called the police in the past . Mr. Engman asked when was the last time Ms . lacovelli felt the need to call ? Ms . lacovelli told him it was Just a couple of weeks ago . She was not sure whether the noise was from the house in question . There were a couple of students who were walking by the house and they heard them messing with their mailbox . They pulled the flag off their mailbox and went running down the street saying , "call the Post Office now and have us arrested now for doing this The Board discussed the application and their options , and Mr. lacovelli asked to address the Board . Joe lacovelli , My wife, she 's being a little bit too lenient on this. (laughter) I want to go on record that 1 don 't want the band. I don 't want to be up all night listening to this, I 've heard it before. I 've been to this concert before. I 've been to when the band was playing. The noise ordinance says something about no amplified music and they have done this in the past. When the one kid got one ticket for playing his drums, that was in fact the whole band playing because I was listening to it for 2 hours before the police arrived. We have finally, this year, because of the noise ordinance, had peace on the weekends where in the past several years, it's been the weekend is coming up . . . oh no. Another sleepless weekend and if you people pass this, grant this, it's beyond me. The neighborhood is finally seeing some peace. That's all we want. You know, we aren 't young people anymore and a lot of the people in our neighborhood are older people and they are literally terrified in a lot of these activities and I 'm not . . . that's not an exaggeration either. Just think about your home at 12: 00 Friday and Saturday night and just being woken up by just yelling and screaming and then observing the vandalism that goes on . . .And if you go out and confront these kids, they're rude, they're crude and in certain cases they can be dangerous. That's all I have to say. Thank you very much . 25 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Supervisor Valentino closed the public hearing at 7 : 45 p . m . and brought the issue back to the Board for discussion . Mr. Engman reminded the Board that they had to remember they could not descriminate against neighborhoods or different types of celebration . Ms . Leary thought the way they wrote the law they could deny a permit for any reason , and they can put restrictions on it . She did not feel they needed to ignore the track record of certain neighborhoods , based on some idea of absolute fairness across the Town . Some neighborhoods have a track record and we have neighbors coming and talking about the poor track record . On the other hand , it shouldn 't matter where parties are held . This is the first time we are testing this in that area . She tended to want to give them the benefit of the doubt and then use this as a basis for later on saying , we need to be more selective . If the Town got 10 applicants a month , we do not have to grant them . We want the permits to be an exception ; not as long as someone applies we automatically give them a permit . Ms . Leary thought they could place conditions on the permit , make it more restrictive . Mr. Stein agreed with Mr . Engman and Ms . Leary about being careful not to redline ; that is illegal. Mr. Stein stated if it was next door to his house he wouldn 't want to see anybody grant a variance to allow them to make noise which the Town Board decided was annoying to people . He stated he would vote against it . The arguments that were made when revising the Noise Ordinance were that there are certain kinds of events . He remembers the argument of a base drum . If you say , no , nobody shall ever be annoyed by a base drum then you can 't have a parade . The Town knows that parades are limited ; there are only a few parades ; the base drum only goes by your house for a short period of time . If someone says they want a variance because they want to be able to have a bass drum at high noon and I ' ll hear that noise for 10 minutes , then okay . If was the lacovelli ' s , frankly , I ' d be really annoyed by something that went on until midnight . Unless there is a real special case that comes close to a parade , something that he could grant and grant to every other parade without deciding if it's the Marines or the CYO or Boy scouts , he ' ll do it for any parade because he knows there is something fundamentally limited about the noise generated by a parade . Mr. Cowie stated he was very encouraged that there has been some peace in the neighborhood . He felt that they needed more room for latitude than just the Marine Corp band marching passed Mr. Stein ' s house and that there are other activities that they needed to cover. He asked if there were conditions they could impose and recommended sending them a copy of the Noise Ordinance . Ms . Gittelman thought it was a special occasion , the engagement of friends . She thought that was something to celebrate and it was nice to be able to celebrate it in your own home or the home of friends . She stated she didn 't know that this house had been cited before . Ms . Brock and Ms . Valentino told her that the applicant had been cited . Ms . Brock thought it was twice since the Noise Ordinance was adopted . Ms . Gittelman acknowledged that the applicant did say he was going to " contain all noise sources in the confines of the well insulated house" . Mr. Engman recalled that the Town did have some success with the Relay for Life in terms of cooling their noise . He felt that part of it was that members of the Board had gone out and 26 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 toured the neighborhoods during the event . He suggested if the Board did approve the application , that they do the same . Then they can come back with better data and information so that they can see if it is a success or not a success . Those who would vote for the application ought to take the initiative to see what the results are . Ms . Valentino felt one of the reasons the Town had the permit process is to give neighbors to opportunity to appear before the Board and speak to the application . She thought that was an important aspect of the process . if the Board did decide to grant the permit she thought they should say that music has to stop at 10 p . m . and limit the number of people to 35 , which she thought was a more reasonable number of people to have in the house . The Town would have to make sure that the Sheriff was notified of the party . She agreed with Mr. Engman ' s suggestion that some Board members visit the neighborhood the night of the event . If it doesn 't work she thought they may need to revisit the issue of applications and permits . Under these conditions she would be willing to give the application a chance , and hope that it succeeds , but she was not convinced that it would . She thought the band could start at 8 p . m . and end at 10 p . m . Ms . Gittelman asked why they couldn 't have the band until 11 p . m . ? Mr. Burbank told her because the neighbors want to go to sleep . Ms . Valentino also thought they could impose a not to exceed number. Mr. Stein stated it is his guess that the number is unenforceable ; he did not think the police could go into the house to count the people inside . He didn 't know how the Town would monitor that . If the town denies the permit , they are not saying they cannot have a band in their house that plays music until 12 o' clock . The ordinance says they can 't have a band that generates annoying noise outside the house . The applicant' s claim is that the band inside the house is not going to generate annoying noise outside . He had no objection to a band that doesn 't bother anybody . Mr. Burbank wondered if the Town had any capacity to consider the track record of the applicant , can it be a relevant factor? Ms . Brock read from the Code , "the issuance of permits is discretionary" , and so she thought they could look at the track record to determine if they think the sound abatement methods that they are imposing will in fact be implemented as they have described them . Mr. Burbank asked if there was a better definition , with regard to the neighbors required to be contacted , of exactly who needs to be notified . Ms . Brock told him , no . She thought the public record is pretty amply well documented with the neighborhood and streets that have been affected by parties on this particular road . She felt the applicant could have easily discerned who would reasonably be expected to be affected by the noise and made his identifications accordingly . Ms . Valentino felt in this case there was a very high expectation that the applicant cannot meet the criteria that they have set for themselves . The Board discussed their readiness to vote . Ms . Brock told the Board if they wished to move the resolution that was provided them in their packets , she has drafted some conditions . The resolution provided was to grant the permit and it may be that the Board ' s pleasure is to deny the permit . The Board was interested in hearing the conditions . Ms . 27 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Borck read the following conditions : 1 ) the social gathering be limited to a maximum of " blank" people and that it begin no earlier than 6 : 00 p . m . and end no later than " blank" p . m . with the band playing until no later than 10 : 00 p . m . ; 2 ) all of the noise abatement and control methods specified in the application shall be implemented and maintained throughout the duration of the social gathering and the departure of the attendees . Ms . Valentino asked if somebody wanted to move the resolution . Ms . Leary moved the resolution with 10 : 00 o ' clock for the band and 35 people . Mr. Cowie asked if Mr. Stein ' s doubt that the Town had jurisdiction of the number of people was right . Ms . Brock thought Mr. Stein ' s question was if the law enforcement could go inside the house . Ms . Brock did not know and was guessing they couldn 't . On the other hand , if they are all literally inside the house she did not know that there would be a real problem as long as the doors and windows remain closed . The problem is if there are too many people for the house to hold and they are spilling outside and they' re making noise outside . She thought there was a rational basis to say they believe that , based on the size of the house , they need to limit the number of people in it. Ms . Gittelman stated that the Board would be asking the applicant to make a lot of enemies . They've invited 50 people and then they have to start eliminating people . It seemed to Ms . Valentino that they needed to do some legal research on just how enforceable the application process is . She thought they needed to find that out . Ms . Brock told the Board an additional condition they could impose is that the applicant permit the Sheriff' s department to enter the house to verify that the number of attendees does not exceed the number permitted should a complaint be received . Ms . Valentino did not want to go there . TB RESOLUTION NO , 2007 -006 : Granting A Noise Permit to Jacob Wallack BE IT RESOLVED , that the Town Board grants the request of Jacob Wallack for a noise permit for a social gathering beginning on January 26 , 2007 at 219 Coddington Road with the following conditions : 1 ) the social gathering be limited to a maximum of 35 people and that it begin no earlier than 6 : 00 p . m . and end no later than 12 : 00 p . m . with the band playing until no later than 10 : 00 p . m . ; and 2) all of the noise abatement and control methods specified in the application shall be implemented and maintained throughout the duration of the social gathering and the departure of the attendees MOVED : Councilwoman Leary SECONDED : Councilman Engman VOTE : Councilman Stein , nay ; Councilwoman Leary , aye ; Councilman Cowie , nay ; Councilman Engman , aye ; Councilwoman Gittelman , nay ; Councilman Burbank , aye ; Councilwoman Valentino , nay . Motion fails . 28 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Ms . Gittelman stated her understanding that they had just voted on the conditions . They did not vote on the permit . Some Board members felt they had been voting on the permit . Mr. Burbank suggested she reintroduce it without the conditions . Ms . Gittelman felt they were separate issues and the Board agreed there might have been some confusion . Mr . Engman suggested someone move acceptance of the resolution without the conditions . Ms . Gittelman stated she had objections to containing the numbers of people that you can invite to your house . TB RESOLUTION NO . 2007=007 : Granting A Noise Permit to Jacob Wallack BE IT RESOLVED , that the Town Board grants the request of Jacob Wallack for a noise permit for a social gathering beginning on January 26 , 2007 at 219 Coddington Road with the following conditions : 1 ) the social gathering be limited to a maximum of 50 people and that it begin no earlier than 6 : 00 p . m . and end no later than 12 : 00 p . m . with the band playing until no later than 10 : 00 p . m . ; and 2 ) all of the noise abatement and control methods specified in the application shall be implemented and maintained throughout the duration of the social gathering and the departure of the attendees MOVED : Councilwoman Gittelman SECONDED : Councilman Cowie VOTE : Councilman Stein , nay ; Councilwoman Leary , nay ; Councilman Cowie , nay ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Burbank , nay ; Councilwoman Valentino , nay . Motion fails . Councilman Burbank wondered if it would be possible either through changing the law for permitting or maybe just in the course of the discussion to add a provision for a performance bond so that people had some kind of financial stake in maintaining a party of a certain size . Supervisor Valentino thought the Town needed to look at this , look at what Mr. Burbank suggested , and try to get the application process into a more useful and enforceable form . She thought the bond was an interesting concept . Ms . Leary thought the existing process was enforceable . It is just difficult for the Town Board to make the judgment sometime . She thought it was pretty clear that if someone who gets a permit doesn 't live up to the terms of permit , they' re exposed to the penalties in the Noise Ordinance as a whole . Mr. Cowie felt the irony was that they were going to have a better party without the permit . They are going to have as many people as they want and they are going to play music until somebody complains , or they' ll turn it off at 11 so nobody calls the cops . Agenda Item No . 16 — Consider Appointment of Interview Committee for Planning Board Member 29 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Supervisor Valentino asked who wanted to be on the interview committee . Mr. Stein and Mr. Burbank volunteered . TB RESOLUTION NO . 2007 — 008 : Appointment of Interview Committee for Planning Board Member WHEREAS , a vacancy exists in the position of Planning Board Member; and WHEREAS , the Town Board wishes to appoint an Interviewing Committee to conduct interviews and make a recommendation for appointment for the position ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints the following persons to the Interviewing Committee for the vacant Planning Board Member position : Will Burbank , Town Board Member Peter Stein , Town Board Member Fred Wilcox , Chairman , Planning Board Jonathan Kanter, Director of Planning Judith C . Drake , Human Resources Manager MOVED : Supervisor Valentino SECONDED : Councilman Cowie ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye , Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 17 — Consider Appointment of Planning Board Chair TB RESOLUTION NO . 2007 - 009 : Appointment of Planning Board Chair for the Year 2007 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Fred Wilcox , III to serve as Chair of the Planning Board for the term January 1 , 2007 to December 31 , 2007 . MOVED : Councilman Burbank SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . 30 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Agenda Item No . 18 — Consider Appointment of Zoning Board of Appeals Member TB RESOLUTION NO . 2007 - 010 : Appointment of Zoning Board of Appeals Member BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints James Niefer to serve on the Zoning Board of Appeals for a term of office beginning January 1 , 2007 and ending December 31 , 2011 . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 19 — Consider Appointment of Zoning Board of Appeals Chair TB RESOLUTION NO. 2007 - 011 : Appointment of Zoning Board of Appeals Chair for the Year2007 Von BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Kirk Sigel to serve as Chair of the Zoning Board of Appeals for the term January 1 , 2007 to December 31 , 2007 . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 20 — Consider Appointment of Conservation Board Members (Attachment #11 — memo from S . Ritter) TB RESOLUTION NO . 2007 - 012 : APPOINTMENT OF CONSERVATION BOARD MEMBERS BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints the following individuals to the Conservation Board for terms beginning January 1 , 2007 and ending December 31 , 2008 : Lenore Durkee James Hamilton Eva Hoffmann 31 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Brent Katzmann Susan McCutcheon MOVED : Councilman Engman SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye Agenda Item No . 20a — Consider Appointment of Conservation Board Alternate Members TB RESOLUTION NO . 2007 m -013@ APPOINTMENT OF CONSERVATION BOARD ASSOCIATES BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints the following individuals to serve as Associates on the Conservation Board for terms beginning January 1 , 2007 and ending December 31 , 2008 : Melissa Anthony Jon Meigs MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye Agenda Item No . 21 — Consider Appointment of Conservation Board Chair TB RESOLUTION NO . 2007 - 014 : APPOINTMENT OF CONSERVATION BOARD CHAIR FOR THE YEAR 2007 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Diane Conneman to serve as Chair of the Conservation Board for the term January 1 , 2007 to December 31 , 2007 . MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; 32 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Councilman Stein , aye . Agenda Item No . 22 — Consider Appointment of Deputy Town Supervisor Supervisor Valentino reported that she had spoken with Councilman Burbank who is willing to service as Deputy Supervisor for another year. TB RESOLUTION NO , 2007 - 015 : Appointment of Deputy Town Supervisor. The Town Board of the Town of Ithaca hereby acknowledges the Town Supervisor's appointment of Will Burbank as Deputy Supervisor to serve at the pleasure of the Town Supervisor . RESOLVED , as Deputy Supervisor , Councilman Will Burbank is hereby afforded all duties and responsibilities of the said position as prescribed by Section 42 of Town Law , General Municipal Law, and the Public Officer' s Law of the State of New York . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 23 — Consider Supervisor' s Board and Committee Appointments Supervisor Valentino reported that both Councilman Burbank and Councilwoman Leary were interested in serving on the Comprehensive Plan Review Committee . Ms . Valentino recommended that Mr. Burbank' s name be added to the committee membership . TB RESOLUTION NO , 2207 - 016 : Town Supervisor' s Town Board Committee and Records Management Advisory Board Appointments BE IT RESOLVED that the Town Board of the Town of Ithaca ratifies the following Town Supervisor' s Town Board Committee and Records Management Advisory Board appointments for a term beginning January 1 , 2007 through December 31 , 2007 : Agricultural Land Preservation Committee Herb Engman Sandy Gittelman Cathy Valentino Elm Capital Projects and Fiscal Planning Committee Herb Engman Peter Stein Cathy Valentino , chair 33 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Comprehensive Plan Review Committee Herb Engman Pat Leary Cathy Valentino , chair Will Burbank Personnel Committee Jeff Cowie , chair Peter Stein Cathy Valentino Public Works Committee Peter Stein , chair Sandy Gittelman Cathy Valentino Recreation and Human Services Committee Will Burbank Sandy Gittelman , chair Cathy Valentino Records Management Advisory Board Pat Leary MOVED : Councilman Burbank SECONDED : Councilman Cowie ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary, aye ; Councilman Stein , aye . Agenda Item No . 24 — Consider Appointment of Citizen Advisory Communities Mr. Engman told the Board he would like to share the responsibility of attending the agenda meetings . He suggested asking Supervisor Valentino if she was agreeable to taking back that responsibility and create a schedule for Board attendance at those meetings . Ms . Valentino was willing to resume the responsibility of preparing the agendas if other Board members would agree to be on a schedule and participate . The Board agreed and asked that a schedule of meetings and attendees be circulated . TB RESOLUTION NO . 2007 - 017 : Town Board Citizen Committee and Intermunicipal Organization Appointments 34 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 BE IT RESOLVED that the Town Board of the Town of Ithaca makes the following Citizen Committee and Intermunicipal Organization appointments for a term beginning January 1 , 2007 through December 31 , 2007 : CITIZEN COMMITTEES Agriculture Committee Herb Engman , liaison Codes and Ordinance Committee Herb Engman , chair Pat Leary Cathy Valentino Fred T . Wilcox III Kirk Sigel Dianne Conneman Eva Hoffman Transportation Committee Will Burbank , chair Pat Leary Cathy Valentino Am Tom Niederkorn George Conneman INTERMUNICIPAL ORGANIZATIONS Cayuga Lake Watershed Intermunicipal Organization Will Burbank Herb Engman as alternate City/Town Shared Services Committee Peter Stein as liaison Intermunicipal Trail Committee (a . k. a . Gateway Trail Steering Committee) Will Burbank as Town of Ithaca representative Ithaca -Tompkins County Transportation Council Policy Committee — Cathy Valentino , Pat Leary as alternate Planning Committee — Jon Kanter, Fred Noteboom , Susan Ritter as alternate Lake Source Cooling Data Sharing Group Herb Engman Pegasys Oversight Committee Will Burbank Recreation Partnership 35 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Jeff Cowie Sandy Gittelman as alternate Cathy Valentino Special Joint Committee ( Sewer) Peter Stein Cathy Valentino Bob Romanowski Southern Cayuga Lake Intermunicipal Water Commission Mary Russell Tompkins County Area Development' s Economic Development Collaborative Jon Kanter Tompkins County Council of Governments Cathy Valentino Herb Engman as alternate MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary, aye ABSENT : Councilman Stein Agenda Item No . 25 — Consider Appointment of Town Historian TB RESOLUTION NO . 2007 - 018 : Appointment of Town Historian BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Laura Johnson - Kelly as Town Historian for the term of January 1 , 2007 through December 31 , 2007 . MOVED : Supervisor Valentino SECONDED : Councilman Burbank ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ABSENT : Councilman Stein Agenda Item No . 26 — Consider Appointment of Attorneys for the Town 36 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 TB RESOLUTION NO . 2007 - 019 : Accept Susan Brock' s Engagement Letter for Legal Services for 2007 (Attachment #12 — proposed letter of engagement) BE IT RESOLVED that the Town Board of the Town of Ithaca accepts Susan Brock' s Engagement Letter for Legal Services for 2007 . MOVED : Councilman Engman SECONDED : Councilman Cowie VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ABSENT : Councilman Stein TB RESOLUTION NO . 2007 - 020 : Accept Guy Krogh 's Engagement Letter for Legal Services for 2007 (Attachment #13 — proposed letter of engagement) BE IT RESOLVED that the Town Board of the Town of Ithaca accepts Guy Krogh ' s Engagement Letter for Legal Services for 2007 . MOVED : Councilwoman Gittelman SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye Agenda Item No . 27 = Consider Agreement for the Expenditure of Highway Monies (Attachment #14 — Agreement for the Expenditure of Highway Monies ) TB RESOLUTION NO . 2007 - 021 : Agreement For The Expenditure Of Highway Monies WHEREAS , pursuant to the provisions of Section 284 of the Highway Law the Town Board is required to enter into an agreement with the Highway Superintendent outlining the expenditure of monies levied and collected in the Town for the repair and improvement of highways , and for monies received from the State of New York as State Aid for the repair and improvements of highways ; now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby approves , adopts and authorizes the "Agreement for the Expenditure of Highway Monies" , for the year 2007 as prepared by the Highway Superintendent MOVED : Councilman Burbank 37 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 SECONDED : Councilman Cowie VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 28 — Consider Authorization to Publish Request for proposals for cleaning services for Town Hall and Public Works Facility TB RESOLUTION NO. 2007 — 022 : Authorization to Publish Request for Proposals for Cleaning Services for Town Hall and Public Works Facility WHEREAS , the present cleaning services for the Town are unsatisfactory ; and WHEREAS , the Highway Superintendent and Human Resources Manager are recommending that the Town Board authorize a Request for Proposals for cleaning services for the Town Hall facility and Public Works Facility ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes a Request for Proposals to be done for cleaning services for the Town Hall facility and Public Works facility . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 29 = Discussion of Association of Towns 2007 Resolutions and Consider Designation of Official Delegate and Alternate Delegate for New York State Association of Towns 2007 Annual Meeting The Board discussed the resolutions being put forward by the Association of Towns at their annual meeting . Supervisor Valentino remembered being asked by the Board to vote against the Wicks resolution . Mr. Engman stated he had severe problems with resolution number two (Wicks Law) and the ATV Use of Town Roads . Ms . Leary did not support resolution number 4 stating it reads like they want to allow municipalities to dilute health care benefits . Ms . Leary felt similarly about resolution number 12 , Pension Relief, it' s eroding benefits for retirement plans . The State wants yet another tier that requires less contribution from the employer. The Board discussed their feeling that the Association of Towns should set their priorities and come up with a smaller list of resolutions on which they could concentrate their lobbying efforts . 38 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Mr. Carvill had a different read on the retiree health care resolution . He felt the Association of Towns is asking that the State of New York not be allowed to mandate any restrictions on the local communities to govern their decisions on retiree benefits . He did not think the Board wanted to come out against the resolution . The Association of Towns does not want to give New York State the ability to restrict the Town ' s ability to control retiree . The Board agreed they wanted more information on this issue . TB RESOLUTION NO . 2007 - 023 : Official Delegate for Year 2007 NYS Association of Towns Annual Meeting WHEREAS , the NYS Association of Towns Annual Meeting will be held on February 18-217 2007 in New York City ; and WHEREAS , the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting ; and WHEREAS , it is necessary for the governing Town Board to appoint an Official Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting ; now therefore be it RESOLVED , the governing Town Board of the Town of Ithaca hereby appoints Catherine Valentino , as the Official Delegate on behalf of the Town of Ithaca at the 2006 NYS Association of Towns Annual Meeting . MOVED : Councilman Burbank SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2007 - 024 : Alternate Delegate for Year 2007 NYS Association of Towns Annual Meeting WHEREAS , the NYS Association of Towns Annual Meeting will be held on February 18-211 2007 in New York City ; and WHEREAS , the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting ; and WHEREAS , it is necessary for the governing Town Board to appoint an Official Alternate Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting ; now therefore be it 39 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 RESOLVED , the governing Town Board of the Town of Ithaca hereby appoints Will Burbank , as the Alternate Delegate on behalf of the Town of Ithaca at the 2007 NYS Association of Towns Annual Meeting . MOVED : Supervisor Valentino SECONDED : Councilwoman Leary VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . Agenda Item No . 30 — Consent Agenda TB RESOLUTION NO , 2007- 025 : Consent Agenda Items . BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items , pulling Consent #25a — Town Board Minutes of December 11 , 2006 , and Consent # 25g — Official Bonds for Town Officers and Employees and adding Consent #25i — Authorization for Attending Association of Towns Annual Conference . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO , 2007- 025b : 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 . 3168 - 3195 General Fund Townwide $ 147659 . 05 General Fund Part Town $ 31245 . 65 40 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 Water Fund $ 51141 . 60 Sewer Fund $ 2 , 131 . 25 Risk Retention Fund $ 11158 . 89 Trust & Agency $ 21600 . 00 TOTAL : $ 28393639 MOVED : Councilman Stein SECONDED : Councilman Engman ROLL CALL VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB .RESOLUTION NO . 2007 - 025c : YEAR 2007 PROCESSING VOUCHERS/INVOICES DEADLINE DATES WHEREAS , to facilitate an efficient and timely method for processing vouchers/invoices for the monthly abstracts it is necessary to establish a deadline for submission of vouchers/invoices by vendors , staff, and other service people ; and WHEREAS , the Accounting Department has determined that one week is needed to properly prepare the vouchers/invoices for approval of the Town Board at their monthly meeting ; now , therefore , be it RESOLVED , the Town Board does hereby adopt the following schedule for the year 2007 as the last date by all vendors , staff, and other service people to submit vouchers/invoices to the Accounting Department for presentation to the Town Board on the Abstract Date : Processing Voucher/ " For Abstract Date : Invoice Deadline Dates : Wednesday, January 31 , 2007 Monday, February 12 , 2007 Wednesday, February 28 , 2007 Monday , March 12 , 2007 Friday, March 30 , 2007 Monday, April 9 , 2007 Friday, April 27 , 2007 Monday, May 7 , 2007 Thursday, May 31 , 2007 Monday , June 11 , 2007 Friday, June 29 , 2007 Monday , July 9 , 2007 Monday, July 30 , 2007 Monday, August 13 , 2007 Thursday, August 30 , 2007 Monday, September 10 , 2007 Thursday, September 27 , 2007 THURSDAY, October 4, 2007 AM Tuesday, October 30 , 2007 THURSDAY, November 8 , 2007 Friday, November 30 , 2007 Monday, December 10 , 2007 Thursday, December 27 , 2007 MONDAY, December 31 , 2007 41 Regular Town Board Meeting January 8 , 2007 Approved February 12, 2007 "Abstract date is synonymous with Town Board meeting date . BE IT FURTHER RESOLVED , vouchers/invoices must be submitted no later that 12 : 00 p . m . on the Processing Voucher/Invoice Deadline Date ; and it be further RESOLVED , any emergency or extraordinary vouchers/invoices will be considered as deemed appropriate by the Chief Fiscal Officer and the Budget Officer . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2007- 025d : Cash Management and Investment Policies and Procedures for 2007 (Attachment #15 — Cash Management and Investment Policies and Procedures ) BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Town of Ithaca Cash Management and Investment Policies and Procedures for the year 2007 as presented . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2007 - 025e : DESIGNATION OF OFFICIAL NEWSPAPER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the official newspaper for the Town of Ithaca for the year 2007 ; and , be it further RESOLVED , the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Ithaca Journal . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; 42 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2007 - 025f : Designation of Official Depository of Town Funds BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby designates Tompkins Trust Company as the official depository for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk , and Receiver of Taxes for the year 2007 ; and , be it further RESOLVED , the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Tompkins Trust Company and M &T Manufacturers and Traders Trust Company . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . TB RESOLUTION NO . 2007 — 025h : Holiday Tree Pick Up WHEREAS , the Town of Ithaca Highway Department picks up holiday trees for the residents of the Town now, therefore , be it RESOLVED , that from January 16th through January 19th 2007 , the Highway Department will pick up holiday trees for the residents of the Town of Ithaca . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye , Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . PULLED CONSENT ITEMS OFFICIAL BONDS Mr. Engman questioned why Board Members were not mentioned separately . He wanted to add " Other Town Board Members $ 100 , 000 . Ms . Drake told him Board Members fall under 43 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 "All Other Employees " . The board agreed to change the wording to "All Other Employees and Officials" . TB RESOLUTION NO , 2007 - 026 : OFFICIAL BONDS FOR TOWN OFFICERS & EMPLOYEES BE IT RESOLVED , by the Town Board of the Town of Ithaca , that the Faithful Performance Bonds for the Town Officials and Employees for the year 2007 are approved as followed : Town Supervisor/Fiscal Officer $ 3 , 000 , 000 . 00 Deputy Town Supervisor $ 3 , 000 , 000 . 00 Budget Officer $ 31000 , 000 . 00 Receiver of Taxes $ 3 , 0001000 . 00 Town Clerk $ 1001000 . 00 Town Justice , James Salk $ 1001000 . 00 Town Justice , David Klein $ 100 , 000 . 00 Highway Superintendent $ 100 , 000 . 00 All Other Employees and Officials $ 1007000 . 00 Forgery & Alteration $ 51000 . 00 MOVED : Councilman Engman SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye , Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . DECEMBER MINUTES On page 6 of the minutes , Mr. Engman wanted to add that he also made a disclosure and wanted to add to the end of the paragraph , " Mr. Engman added that he had also been a Finger Lakes Land Trust Board Member, including services as president for three years" . Ms . Hunter was not sure he said , " Including service as president for 3 years" but told him she would go back and add precisely what he said . TB RESOLUTION NO . 2007- 027 : Town Board Minutes of December 11 , 2006 WHEREAS , the Town Clerk has presented the minutes for Town Board Meeting held on December 11 , 2006 to the Town Board for their review; now therefore be it RESOLVED , the Town Board does hereby approve for filing the minutes of- the meeting held December 11 , 2006 as submitted . MOVED . Supervisor Valentino 44 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 SECONDED : Councilman Cowie VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Cowie , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . February Meeting Ms . Gittelman told the Board she would not be at the February meeting . Agenda Item No . 31 — Report of Town Officials (Attachment #16 — Monthly reports ) Town Clerk Ms . Hunter told the Board members of Town staff have been meeting with the State Archive regional representatives , Town of Dryden Code Enforcement Officer, and a computer software provider regarding a grant application for code enforcement software and hardware . Director of Planning Ms . Valentino told the Board she had received suggestions from Susan Brock on how the Town Board could work with the Planning Board . One thing that has been suggested is a liaison to the Planning Board and Ms . Valentino asked if that was an option the Board wanted to look at . Mr. Stein wondered if they could attend Planning Board meetings on a rotating basis . He requested an official designation so that they could speak or ask a question , something more than just sitting in the audience . Ms . Valentino stated she would circulate Ms . Brock' s suggestion and they could consider them . Mr. Kanter stated that one of the things Ms . Brock had suggested and something the Planning staff has also thought about is , where there is an action of particular interest to the Town , Planning staff would start sending the full packet of materials that is going to the Planning Board to the Town for their information . Human Resources Mr. Burbank noted that the check that he recently received from the Town has his social security number on it . In this era of identity fraud that is probably not the safest thing to do . There was agreement that this was not a good thing and Ms . Drake said she would look into it . Attorney for the Town The Board discussed putting the fact that fireworks are not covered in the Noise Ordinance into the actual ordinance . Ms . Valentino felt it might be a good idea so that it was not dependent upon the recollections of an individual , but was written in the Code . Ms . Leary thought we did not want to begin listing everything the ordinance did not apply . Ms . Valentino felt at the very least it should be listed on the application . The Board asked Ms . Brock to get a written opinion for the Attorney General ' s Office . Agenda Item No . 32 — Report of Town Committees 45 Regular Town Board Meeting January 8, 2007 Approved February 12, 2007 There were no reports Agenda Item No . 33 — Report of Intermunicipal Committees City/Town Study Group Mr. Stein reported that they held one meeting and the chair resigned . ADJOURNMENT On motion by Councilman Stein the meeting was adjourned at 9 : 50 p . m . Respectfully submitted , Tee-Ann Hunter Town Clerk Next regular meeting February 12, 2007 46 TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , January 08 , 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION vt w kip Jr C'6 > / a h f� t4 07 1-flGt i 3 c t� o Vk l � 6v �L) � � �I ►--1 135 �i=�? I r2 TgLcw 4 ' s ' TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Neilsen , being duly sworn , say that I am the Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF Adoption of Local Law : Amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " regarding use of Zoning Board of Appeals Alternate Members Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : December 20 , 2006 Date of Publication : December 22 , 2006 Paulette Neilsen , Deputy Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 26th day of December, 2006 Notary Public CONNIE F. CLARK Notary Public , State of New York No . 01 CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 � � - Legals the Zoning Board ot ' Ap- I peals. Alternate members;' ( r,.shall be appointed by reso- lution of the Town Board'for • t l terms established by ' the c : Town Board. : 1 1 , - ' ' (b) The Chairperson of I the: Zoning ,Board ;of Arr_ 1 peals shah designate,an al- t ternate.member to substitute for a regular member in.the:, i event, that `a regular ' mem- i ber' is ;unable :ort6willing t, to vote because 'of q:conflict' t, of .'inter est, �ecus ,I, :F al- r sence;-`abstention; or any c ..other reason an ,n alter- : note inember;'is present at tcl the meeting when the desig- nation takes place. (c)' If more than one alter- 11 nate_memb'eris enta presfa sf nneehng' when the Cliarrppeer- 1 son is designating 6W alter- it note memberY.to . .subshtute p, ^for 'a ;regular'.member, the . W =Chair erson shall designate pi She alternate member •who 0 "has notrse ved on a case or+Pi ; :matteC;the 'most recently ,If -ir that alternate member is not c' able'or;wilhr g to vote fog a P! xreason 'listed in '"subparg ,a t,'graph, .b( above, itfien tt a ,rr' ` Chairperson shall designate ' V 'the other alternate member, to serve t? (d) sTo'the extent .this pro-, C vision ;is:-+.mconsistenf with' E �'Tovin Law § 267 ( 1 T), it 'is' .l :'intended tosupeesede_sucli .l section, in accoidance` -with Municippal Home? ule Law >;§ %l,,j(ii)d 'f3),'<A11 oilier' frights; ' responsibilities and procedures relat' to alter mate 3:members . set ';foA- in 267,r'shdIj 1 SeNion_ 3 In rthe; event' I' any portion of this: law: is : ' declared';,iiwand by a court` of comppetent Iurisdiction,- p the vglidiyy of the remaining4 J p0rtion"s'sha11 not be affect r ed by such declaration of ii invalidity;` I' Sedion 4 This loc,al law. j,.shall take effect upon publi :? cati on ' of ;the IoW`"law, or%I an abstract of same'Izin the NOTICE OF 'ADOPTION official newspaper df<;the OF LOCAL.LAW " Town oruppon its filing 'with 1 the New'York Secretary. of NOTICE IS HEREBY GIVEN' State ;whichever _is the 'last that dt a reggular meeting of to occur. , the ;ltfia Co.Town Board held Dated: December _T 1 ,. 2006;r the' 1Deaember 20, 2006' Town Board duly adopted Tee=Ann Hunter nggaoc the fol10 ial law Town:U6rk A•LOCAL LAW • `, 12/22/x6 AMENDING t „`_ C R"270 OF,THE! , , ; . ,TOWN`OF IMAM CODE :ENTRLED, ZONING; R_ EGARDING USE OF ;ZONING. BOARD OF,APPEALSr ; ALTERNATE'MEMBERS< r Lt . .i K � - Fiy V It x4�13e it enacted, by the,To"vin,; I 'Board of'tHe Town'of Ithaca . t as'.follows Section 1 : Thi s local law 1 is' adoted- pursuant 'to.':§ ) 10, ;Su9 rVision L(ii�d(31 :of; i the Municipal; Home Rule Law "of the State :of New I York. This local I" super cedes ' `r: 267(11 ):of:theTownLow i of the Stdte of New York to %rthe -eAeriCthis loc6VIa' w is inconsistent'with `such"sec- I tion. °Section 2:_ Chapp ter 270, ' 1 XXVIII , Section':270.235.A c `of the,Town;of Ithaca Code, t entitled '{'Zoning;'Boa d _o, s <Appeals s 'amended. 'byy'` deleting subparagraph :;2+ 'F and adding a new '-sub E Faragraph. 2 reading -as- e 01 laws* "(2)(6) There .may.;be ip-,* a pointed additionally up to TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Neilsen , being duly sworn , say that I am the Deputy Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF PUBLIC HEARING : Public Comments regarding the Draft Town of Ithaca Transportation Plan . Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : December 20 , 2006 Date of Publication : December 22 , 2006 Paulette Neilsen , Deputy Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 26th day of December, 2006 Notary Public CONNIE F. CLARK Notary Public , State of New York No . Ot CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 10 TOWN' OIF ffHACA NOTICE OIF " PUBLIC HEARING t c NOTICE IS HEREBY GIVEN that the Town' Board of' fhei Town of Ithaca will hold '& C j public,: hearing as :follows: on January" .8; ' 2007"at. 'the Town . Hall located at ;215 North", Tioga .Street,, dthaca NYC 'At 7:00: P.m for the, y' pu?pose ,of considering and ' c he-anngg ,public ' comments" It regarding the draft Town of; Ithacd TrarispoitatiomPlan:' (l A copyof ,the draft.Trans J portation Plan is "on file''at, c the 'Town;. ' Clerk's. Office. and available :Jor" review! duringg reggular offid hours, Monday, t"r.augh Friday,; 8 ; a.m. to , ri: The entire i Plan and additional - infor t motion about transp" ortation. ri Planning is av`ailoble a i;fhe`. F Town s , web site at-c. http://w :t6wn ithaacasny, 111 .us/trans. Contact ' jona tl than .: Kanter; birector-*of - s Planning. ' &f (607)' 273-', _ 1747. with any ;questionss If you are :unable:to 'attend! the meeting 'but you would' like to submit'comments, as r ,part'of the,"public 4ecor1d,' please 'send 'written ''corn_ F ments by Janua y 8. 20071 F to Jonathan Kanter Towne of Ithaca' 215 NortA Ti.ogai Street, Ithaca , NY,'14850. f FURTHER NOTICElS GIV-; EN that at such time -ands I place all ;persons1riterested . in the draft- Transportation` Plan -ma be heard con- cerning the same and t FURTHER NOTICE IS GIV{ EN that individuals.wifh vis= ual or hearing impairments' or. other special needs will , be provideil'with assistance as.necessary :Upon request.i i Persons desiring assistance' must make :a request to"the f Town Clerk not 1es3 than 'hours prior - to the-.time -of- the public Bearing.' Tee-Ann Hunter Town Clerk ;Dated v December 20; '2006. - l 12/22/06 t�� TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold public hearings as follows on December 29 , 2006 at the Town Hall located at 215 North Tioga Street , Ithaca , NY : At 10 : 10 a . m . -- for the purpose of considering a proposed local law amending Chapter 125 of the Town of Ithaca Code , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State requirements for Administration and Enforcement of New York State Fire Prevention and Building Code ; and , At 10 : 15 a . m . -- for the purpose of considering a proposed local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding Building Permits and Certificates of Occupancy ; and , At 10 : 20 a . m . -- for the purpose of considering a proposed local law amending Chapter 153 of the Town of Ithaca Code , titled " Fees" , regarding Fees for Certificates of Occupancy ; and , At 10 : 25 a . m . -- for the purpose of considering a local law amending Chapter 9 of the Town of Ithaca Code , titled "Appearance Tickets " , designating Code Enforcement Officers to enforce codes relating to Buildings , Zoning , Planning , Environmental Control and Fire Prevention and Safety . A copy of the proposed local laws are on file at the Town Clerk' s Office and available for review during regular office hours , Monday through Friday , 8 a . m . to 4 p . m . FURTHER NOTICE IS GIVEN that at such time and place all persons interested in the proposed local laws may be heard concerning the same ; and FURTHER NOTICE IS GIVEN that individuals with visual or hearing impairments or other special needs will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the public hearing . Tee-Ann Hunter Town Clerk Dated : December 15 , 2006 January S , 2007 Town Board Meeting ATTACHMENT # 1 . � ._1 P4 - ToMPKI�vS C®UrrTt� Lg GISLATUaWE 320 North. $ioga Street �Ithaca, NjY. 14850 Telephone: (607,-)'°2Z4 5434 Fax : J607) 274-5430 www.toanpkins-co.org 1 /2/07 2007 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES STANDING COMMITTEES Budget and Capital Koplinka-Loehr (Chair) , Booth (Vice Chair) , Herrera, Hattery, Shinagawa Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues udget process iscal Policy C3 Capital Programs Government Operations Stevenson (Chair) , Hattery (Vice Chair) , Sigler, Kiefer, Mackesey Tompkins County Legislature Charter and Code Administration Operational Policies Code/Board of Ethics Law Finance Public Information Assessment Board of Elections Libraries County Clerk Dewitt Historical Society County Historian �.0 Recycled paper 2007 Standing and Special Committees Assignments and Responsibilities Planning, Development and Environmental Quality Robertson (Chair), Mackesey (Vice Chair), Proto, Randall , Dennis Planning Department MPO Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Land management Workforce Development TCAD Industrial Development Agency Chamber of Commerce Arts Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations TCAT Facilities and Infrastructure Herrera (Chair) , Kiefer (Vice Chair) , Mackesey, Stevenson , Randall Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Information Technology Services Department Weights and Measures Utilities Public Safety McBean-Clairborne (Chair) , Booth (Vice Chair) , Koplinka-Loehr, Robertson, Hattery Alternatives to Incarceration District Attorney Defense of Indigents Probation and Community Justice Sheriff/Jail Department of Emergency Response Offender Aid and Restoration 2 2007 Standing and Special Committees Assignments and Responsibilities Health and Human Services Shinagawa (Chair) , Sigler (Vice Chair) , Proto, Robertson, Koplinka-Loehr Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Human Rights Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies (incl . Community Dispute Resolution Center - moved from Public Safety Committee) Office for the Aging Youth Services Tompkins Community Action Cooperative Extension Animal Health and Control Personnel Dennis (Chair) , McBean-Clairborne (Vice Chair), Kiefer, Sigler, Stevenson Personnel Department/issues Workforce Diversity and Inclusion Training SPECIAL COMMITTEES) Health Department Building Committee Proto (Chair) , Joseph (Vice Chair) , Dennis , Herrera, Randall 3 ATTACHMENT # , s . �► o �r OTtOrx1tf(.; et;OG�07 elf Hgr IWp 14A)i> aC7G& , jZ ,gz�S x� AN �jr �i�Al9 //(l -y C C��/ �cf�!-1M�4.Q6•�5 /✓C.l { /S �DU�ry �6.�?Ml1NlG4%/nt1 .4,tJD �l! / G �� •� �,� T � NZ ,,l To aAZA-S i40-F, Uyo /'l-/Lv ©N n5i !Z 4cQU tloMe v;r' v9At44/7wja"s /S =IcpesTi�71AJ >l LT 1445 27 77tee v!rlZoOo iOA eo �v1 vel7c e, (Noels l5 ri,c�- CoivraJvla�� 6,� T,S�� 0�o 2��i��,rJAC S,,OC677 ee /.%C 3yST.� . ,C�� � v,�r��•/� ,r7i.¢c�To e Q� Tf►� I� r aF 4V�eA1pC ' 26e6 o us'Z , +A-o 5ELIZ44, 6TN"s �) 2i gkej) 737 T AWFC CIA AAC14try , jeocz .,rrAy, T ©fs" vz Jiff' 6401100g,Auv; ,4 A)v l'-.� 4412-e J APd ra H1k1 )X e ,) Al'Ty ,Bf.Ilvcs rLS&O . .f/< aAgoo vZovZs A 45SAO 01. 2 )rzIA4 F4cj2FAy �r.AAc AeceoTip-NCC r4577A1G id iAIL51)Ait 6#40EXV05tT4*4J A1r,ON/n/G . 76tC,g- AtAVL 8Z,6ol 61JQa✓s poT.- 66.1 17�� 11ma rHz x'•494/) 4"A.ie4ros /JavD w7oc� GT d'/= Jlw1oAT AIJJj 14N6 rZ41A ! A411AII� , 7W A*3440 eoc zziAC COO*V° .4.0 Z QZtl iu/c Td Aecei tfe .q lae,4%7" 4pF 1.t11A16 /WE sT�s K r CoAfp1.gjZ •f ,9.go 10ns�s � i j7l Ae )542 rAle HAY 2.007 69CvfJ /111A, 6 ©X r,W 2ce58 OL)DGZ/�1*4CZ6S 0E . 4DAlli4,4 c.Qrlpg) jP VICCS . Dfc . 7j2d04 WA5 77fg ro0'r" XAJN1 V61ZS41e y dF r#e C w, PSf fik* �1&rklj-c/> 67ArhiC A4rJ Allry 4.F kt4L 4S 9 V"/� AA c A SOOMQ�1v 41 .DvAA OD 1c,4 r v GFw lvoNizs 7rkx Ae.4r Ajlry Dx o1c4 re j> Oto N12Mo2ri44iZii✓E T e r/fL -NECAW'o psv) c aTexl kos R cr x .4 AJJA14AhW&u7F 4r17VE 114e 1:40r, 101,KC7, ret eIry OF , � �v OW4C4 A)Ak) xwc5T r7 ccl e /�l V45 /N r*L klAI.E atc gory. January 8 , 2007 Town Board Mtg . ATTACHMENT # 3 Fast Facts about the Proposed Coddington Road Project The current proposed design for Coddington Road would add 50% more pavement to the road ' s current footprint. The 11 foot lanes currently proposed would make Coddington Road ' s lane widths equal to those of Route 96B and larger than those of any of the other 13 urban collectors surveyed (see first three graphs) . Based on years 2003 and 2004 data, the average daily traffic count for Coddington Road was 2 ,300 cars per day with a range of 1 , 850 to 2 , 620 depending on where the count was taken . This is below the average of 3 , 034 and median of 2 , 823 for the sample of 13 urban collector roads (note : both the mean and median were calculated without Route 96B which had a count of 6 ,400) . Based on the most recent available data, Coddington Road is not one of the more heavily traveled of these roads, but could be rebuilt as the widest, establishing a dubious precedent for future federally funded road projects in the Town of Ithaca and neighboring communities . The companion survey of 10 urban minor arterials (roads designated as such because they are busier roads than urban collectors) shows that their median traffic count is 7,063 cars per day, over three times the volume of Coddington Road . The median overall footprint of these roads is 30 . 5 feet (see last graph) . The median overall footprint of the 13 urban collector roads surveyed (including Route 96B) is 24 feet. This illustrates that the proposed design of Coddington Road (30 ft. ) is that of a typical urban minor arterial in our area, not that of a typical urban collector. The Town of Ithaca Transportation Plan states, " The Plan 's recommendations focus on decreasing the reliance on the privately-operated motor vehicle, while increasing opportunities for transit, biking, walking, etc. and reducing the negative impacts of traffic on quality of life in the Town. " The current proposal may not align with the Town's stated goals . In particular, the current road design would have a negative impact on the historic linear neighborhood along Coddington Road by encroaching on adjacent properties , destroying mature trees, encouraging sprawl and truck traffic , and exacerbating speeding and storm water runoff. ' ' Histogram of-Total Footprint of 13 Urban` Collectors . .; 4 fw w ; crw 0 ia,S4vb fi�„', ,tea z � - 3 nl,a�L- �. , - k � . i -y s ' 'R✓ y ri z, a z x P� IV C� TV 40MPMVIA Ill 2 Ile -..� V,7 3> t + M§ (n - A y ! S 7 t. LW ' ii}r} 1 r°R x i t`�' z `k y"`" L{"'2�+5 #;`4� CX rvl x • f e �'K- lo�. :`".� u °.�; '�iv^ 3 z a k '" a i �'9`:"zw a a x . ?' 3 ti e� 1 a s k _ _ s � f 1 c e # ° r drays -0 na��ns 18 21 ; 24 . 27< 30 ` ' 33 36 ' � Total zWidth of Road m Feet (Coddington Proposal : 30 feet ) IN Histogram of-,Lane Width` for 13 Urbane Collectors " . aA�SH? wn . AI- y ykA2 6 ' Flee 4 xYl dY 'F`�" x 5 Ile s A , o c9 ' . 4z s Ns.AN r N ' U �. . . 3„ S�iy F{„k'.`^f�,aU;E: Sr $,y '+ '�: , �, r, ,y7� �" y 0 11 ''GG .3r7 _ E< �S d3 3 (!) � . + ^ �. d -e is _s O 2 £ � 0. E > ti . O kl 04 IF AN Ale A Nee, A ' f�E x J $. a Fe IN A >r . 1+n ' 3d d"*k k . � N,e41Ji� 43 .y � vk a; Nl �+��`g, a F ..1 �d - r c t".tT Ni aC. , "�e� . 4, 1 ry. < +'S'�.�--.. d ...� ,. sLkr . A, ` 9 .0 9 , 5 ' 10. 0 ` `- 10.5 . " 1'1:0 _ AN . . . Lane Width in Feef Coddin torn,Pro osal : 'A11 foot,. lanes ( . 9 P ) A IF Histogram. of Shoulder.Width for .l_ 3 Urban Collectors I A Fee, IN IN 5 Ile IN , mu el - AN � v' 0O 4 IN �� . _ .. C 'a Nee O 3 . o ' A, 4 L _ wo ': 2 eIe A IF NEI � 4eslee,� AN NVA, Fee Z ` a ° x FAN All0l ? ANN p (( i lee 1 p § wp vE "t L V. �t' g q'xb 3j R" °/3'' E .C �€qay ' p NN`F Ike AN, A s t Z ' F .. w Shoulder Width in Feet (CIN e 4 foot shoulder ) Fee. ell . 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ATTACHMENT # 4 Comment on the Town of Ithaca Transportation Plan, Jan. 8, 2007 From Louise Mudrak, resident, 693 Coddington Road, Ithaca, NY I laud the goals of the Town' s Proposed Transportation Plan, and resonate particularly with the "focus on decreasing the reliance on the privately-operated motor vehicle, while increasing opportunities for transit, biking, walking, etc . and reducing the he negative impacts of traffic on quality of life in the Town. As a resident of Coddington Road for almost 30 years, I find a large disjunct between the goal of the Town and the proposed "improvements" for Coddington Road rebuilding project currently under review. Coddington Road is a linear, historic neighborhood as are so many of the beautiful Town of Ithaca roads. For over 130 years these roads have served as defining neighborhood spaces with accompanying unique and beautiful aesthetics . Large trees and country ambiance have guided people between neighbors, and to and from their places of play, school and work for decades . The current process routinely defines all of these roads as collectors, evidently triggering design requirements of at least 11 foot wide lanes, 55 mph design speeds (which through concessions, MAY be lowered to 45 mph operating speeds) and accompanying destruction of trees. This is a very negative impact of traffic on the quality of life in the Town. If it becomes routine, much of the asthetic base of our expanding tourism program in the County will be destroyed. I am wondering if the Town could work with the County to provide a special classification of collector, perhaps called rural neighborhood collector that would require lower speeds and narrower lane widths. In addition, I am wondering if the Town is providing oversight of environmental review of these road improvement projects. I have no doubt of the engineering competency of the road designers. However, their purview ends at the edge of the project boundaries. In the case of Coddington Road, the significant increase of pavement width will certainly result in added quantities of surface runoff as well as added salt and other contaminants coming off of cars and trucks. These will no doubt be properly handled and accounted for in the design of the new construction both during construction and for the life of the road. What concerns me however, is the environmental impact of increased flows, sediments and pollutants into the many creeks that flow into the Six Mile Creek watershed. I live near one creek and during storms the amount of "gully washing" erosion that occurs through my property (downstream of the road rights-of-way) is very large. The soils are listed as unstable throughout the project area. The proposed roundabout is thought to be safer for cars, but the environmental impact on the creek near Burns Road needs to be carefully examined. Is this being examined as part of the environmental impact? These issues of aesthetics and water quality are at the heart of the quality of life in the Town of Ithaca. The routine processes now underway in the "upgrading" of our roads needs to be changed so the automobile is no longer the most important "driving force" behind the nature and shape of the places where we live. January 8 , 2007 Town Board Mtg . ATTACHMENT # 5 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . This local law is adopted pursuant to § 10, Subdivision 1 (ii)d(3 ) , of the Municipal Home Rule Law of the State of New York. This local law supercedes § 271 ( 15 ) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2 . Chapter 270, XXVIII, Section 270-236 .A(2) of the Town of Ithaca Code, entitled "Planning Board," is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows : "(2)(a) There may be appointed additionally up to two alternate members of the Planning Board. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, or absence and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271 ( 15 ), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3 ) . All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply. " Section 3 . In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 1 2/22//06 1 Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 12/22//06 2 January 8 , 2007 Town Board Mtg . ATTACHMENTIi # 6 c TOWN OF ITHACA LOCAL LAW NO, OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 11 , titled "Statutory authority" is amended by deleting the phrase "Chapter 462 of the Laws of 2003 " and replacing it with the phrase "Chapter 531 of the Laws of 2006", so that this section reads as follows : "This article is enacted pursuant to § 459-c of the Real Property Tax Law of the State of New York as amended through Chapter 531 of the Laws of 20061 " Section 2. Chapter 239 (Taxation) , Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 12 .A, titled "Grant of exemption; conditions" is amended by deleting the income/exempt percentage schedule in subparagraph A and replacing it with the following income/exempt percentage schedule : "Annual Income of Owner or Percentage Assessed Valuation Combined Annual Income Exempt From Taxation of Owners Up to and including $26 ,000 50% More than $26 ,000 but less than $27,000 45 % $27 ,000 or more but less than $28,000 40% $28 ,000 or more but less than $29,000 35 % $29 ,000 or more but less than $29 ,900 30% $29,900 or more but less than $30, 800 25 % $30, 800 or more but less than $31 ,700 20% $ 31 ,700 or more but less than $32,600 15 % $32 ,600 or more but less than $33 ,500 10% $ 33 , 500 or more but less than $34,400 5 %" Section 3 . Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 13 , titled "Application for exemption" is amended by deleting the phrase "State Board of Equalization and Assessment" and replacing it with the phrase "State Board of Real Property Services", and by deleting the phrase "such Assessor' s office" and replacing it January 2, 2007 1 tl with the phrase "the Tompkins County Assessment office", so that this section reads as follows : "Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date." Section 4. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 15 , titled "When effective" is amended by deleting the sentence "This article shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2003 ," and replacing it with the following : "The schedule in § 239- 12 .A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2007 . With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1 , 2007, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date. " Section 5. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 6. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York, January 2, 2007 2 r January 8 , 2007 Town Board Mtg . ATTACHMENT # 7 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING SENIOR CITIZENS EXEMPTION Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 239 (Taxation) , Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239- 1 , titled "Statutory authority" is amended by deleting the phrase "Chapter 512 of the Laws of 2003 " and replacing it with the phrase "Chapter 186 of the Laws of 2006", so that this section reads as follows : "This article is enacted pursuant to § 467 of the Real Property Tax Law of the State of New York as amended through Chapter 186 of the Laws of 2006 . " Section 2 . Chapter 239 (Taxation) , Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-2 .A, titled "Grant of exemption" is amended by adding the words "or by siblings" after the words "husband and wife" in the first sentence, by deleting the second sentence, and by replacing the income/exempt percentage schedule with the schedule set forth below so that subparagraph A reads as follows : "Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said § 467 based upon the income of the owner or combined incomes of the owners . Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Percentage Assessed Valuation Combined Annual Income Exempt From Taxation of Owners Up to and including $26 ,000 50% More than $26 ,000 but less than $27 ,000 45 % $27 ,000 or more but less than $28 ,000 40% $28 ,000 or more but less than $29,000 35 % $29,000 or more but less than $29,900 30% $29 ,900 or more but less than $ 30, 800 25 % $ 30, 800 or more but less than $31 , 700 20% $31 ,700 or more but less than $32 ,600 15 % $ 32 , 600 or more but less than $ 33 , 500 10% $33 , 500 or more but less than $34,400 5 %" January 2 , 2007 1 I Section 3 . Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-3 , titled "Application for exemption" is amended by deleting the phrase "State Board of Equalization and Assessment" and replacing it with the phrase "State Board of Real Property Services", and by deleting the phrase "such Assessor' s office" and replacing it with the phrase "the Tompkins County Assessment office", so that this section reads as follows : "Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date. ' Section 4. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-5 , titled "When effective" is amended by deleting the text in this section and replacing it with the following : "The schedule in § 239-2 .A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2007 . With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1 , 2007 , the . partial exemption allowed by the Town of Ithaca shall be. limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date. " Section 5. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 6. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. January 2, 2007 2 January 8 , 2007 Town Board Mtg . ATTACHMENT N8 UPom� 300 CCC Building ® ® � Cornell University Garden Avenue Ithaca, New York 14853-2601 Office of University Counsel t. 607.255 .5124 ® Pop q° and Secretary f the Corporation f. 607.255.2794 Y e p (not for service of pleadings) December 21, 2006 Via Facsimile and U. S. Mail t DEC 2 2 W Honorable Catherine Valentino Town Supervisor Town of Ithaca Town Hall 215 North Tioga Street Ithaca, New York 14850 Re : Request for amendment of Article XVIII Lakefront Commercial Zones Dear Supervisor Valentino : Cornell University respectfully requests the Town Board to consider an amendment to Article XVIII Lakefront Commercial Zones, specifically to § 270- 141 by adding a subsection "F . " to read (proposed change in italics) : §270- 141 . Principal uses authorized by special permit only . The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: F. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning, excluding dormitory accommodations . As you and the Town Board may know, Cornell acquired land in connection with the Lake Source Cooling project, some of which is - now zoned Lakefront Commercial . A portion is now used by the Town as a Town Park. The land contained a small sailing facility and marina from which Cornell Athletics had for many prior years run its physical education and collegiate sports programs in sailing . Following the acquisition of the land, Cornell continued to lease it to the operator, New York Board Sailing, and also continued Cornell' s own sailing programs at the site . In addition, Cornell uses the site for field classes and research in Natural Resources, Engineering Hydrology, and Biological Sciences . In the meanwhile, Cornell explored ways of developing the site so as to have a dedicated replacement sailing facility for Cornell Athletics . A plan that we now think will be satisfactory is nearing completion and a site plan application will be filed shortly . The proposed Cornell sailing facility will resemble the permitted use, but will be used for educational purposes . There will also be some continued rental of marina Cornell University is an equal opportunity, affirmative action educator and employer. slips by non-Cornell users for the time being, because there is a shortage of marina slips on Cayuga Lake. After consultation this week with Town Planner Jonathan Kanter ( and he with Town Attorney Susan Brock), the above change in the zoning ordinance is requested to squarely allow Cornell' s proposed use of the new sailing facility for educational purposes . This letter supercedes the one I wrote you on December 15, before consulting Jon. We thank you and the Town Board, the Planning Board, and of course, Jon Kanter and the rest of the Town staff, for your kind consideration and cooperation. Very truly yours, Shirley K. Egan Associate University Counsel SKE :hls :nhp cc : Jonathan Kanter Robert Blakeney Tammy Johnson Al Gantert John Gutenberger 2 Town of Ithaca PCICodeBook for Windows CODE OF THE TOWN OF ITHACA, NEW YORK , v8 Updated 10 - 15-2006 / PART II , GENERAL LEGISLATION / Chapter 270 , ZONING / ARTICLE XVIII , Lakefront Commercial Zones ARTICLE XVIII , Lakefront Commercial Zones CODE OF THE TOWN OF ITHACA, NEW YORK , v8 Updated 10 - 15-2006 / PART II , GENERAL LEGISLATION / Chapter 270 , ZONING / ARTICLE XVIII , Lakefront Commercial Zones / § 270 - 139 . Purpose . § 270- 139 . Purpose. The purpose of the Lakefront Commercial Zone is to provide areas in the Town for coherent development of commercial facilities that are uniquely related to the shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones . CODE OF THE TOWN OF ITHACA, NEW YORK , v8 Updated 10 - 15-2006 / PART II , GENERAL LEGISLATION / Chapter 270 , ZONING / ARTICLE XVIII , Lakefront Commercial Zones / § 270 - 140 . Permitted principal uses . § 270- 140 . Permitted principal uses . Only the following buildings or uses are permitted of right in a Lakefront Commercial Zone : A . Boat harbor and marina . CODE OF THE TOWN OF ITHACA, NEW YORK , v8 Updated 10 - 15-2006 / PART II , GENERAL LEGISLATION / Chapter 270 , ZONING / ARTICLE XVIII , Lakefront Commercial Zones / § 270 - 141 . Principal uses authorized by special permit only. § 270- 141 . Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A . Restaurant or other place for the serving of food . If alcoholic beverages are served, the place 1 Town of Ithaca PCICodeBook for Windows of business shall be located at least 200 feet from a school or church or 150 feet from a residence district . B . Hotel or motel , provided that the principal building is set back at least 100 feet from the shoreline . C . Clubhouse or lodge, provided that no buildings so used shall be within 100 feet of any street, or within 150 feet of the lot line of an adjoining owner. D . Mixed use commercial and residential , provided the commercial use is a use that would be permitted in a Lakefront . Commercial Zone if it were not in a mixed use facility and provided that any residential component of any building is set back at least 100 feet from the shoreline. E . Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on not more than 5 ,000 square feet of land . CODE OF THE TOWN OF ITHACA, NEW YORK, v8 Updated 10 - 15-2006 / PART II , GENERAL LEGISLATION / Chapter 270 , ZONING / ARTICLE XVIII , Lakefront Commercial Zones / § 270- 142 . Accessory uses authorized by special permit only. § 270- 142 . Accessory uses authorized by special permit only. In addition to accessory uses authorized in all Commercial Zones, the following accessory use is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A . Retail sales of candy, ice cream, baked goods, flowers, and other small items . 2 •`Y r�. David A. Schlosser, AIA David A. Rebhehn , AIA Robert J. Selgart , AIA PROJECT NARRATIVE T11tOE SKETCH PLAN REVIEW December 15 , 2006 for . 1 2006 The Merrill Family Sailing Center f TOWN OF ITHACA PLANNING , ZONING , ENGINEERING Cornell University 1000 East Shore Drive • (Tax parcel # 19-2-29) Town of Ithaca . NY As Background/Existing Condition Cornell University owns a 6 .733-acre parcel at 1000 East Shore Drive and leases (2) adjoining parcels to the South ( Parcel A = 2 .280 acres , Parcel B = 2 . 000 acres) . A portion of the 6. 733-acre parcel is leased long-term to the town for use as a municipal park (0 .35 Acres) . Also included in the parcel is a North/South Railroad right of way and an adjoining Town Sewer Easement. The site is zoned Lakefront Commercial and is bordered to the west by Cayuga Lake and to the east by the Norfolk Southern Railroad and NYS Route 34 ( East Shore Drive) . The nearest lakefront property to the south is a distance of 1 , 400 LF (±) and to the north 600 + LF, both of which are residential properties . All property immediately east of RT . 34 is commercial/manufacturing . The property is currently utilized as follows : • East Shore Marina: Private marina with boat launch , boat slips , on-site boat storage , and bathhouse. • Cornell 's Physical Education program for sailing , boating , and board sailing classes . • Sailing classes for the Ithaca Youth Bureau , Cornell Adult University, (Adult and Children 's programs) and the Cornell Sports Camp Program . • Cornell's College of Engineering and the College of Arts and Science conduct classes in Natural Resources , Engineering Hydrology, and Biological Sciences ( includes participation by Ithaca High School Seniors) . The building structures existing on site are as follows : • Town Park Pavilion : 600 SF , slab-on-grade , open/covered pavilion (32' setback from edge of water) ; • Cornell Sailing Center: 1 story, slab-on-grade, wood frame, 1 ,212 SF (25' setback from water) with 5' x 60' L attached storage racks on the west fagade ( lakeside) ; • Bathhouse : 1 Story, slab-on-grade, 432 SF ( 16' x 27' L. ) • Storage Shed : 200 SF ( 12' x 17') , Slab-on-grade, 1 story, and wood frame. 111 James Street / Syracuse, NY 13203 / 315 -474-6501 / Fax 315 -474- 1922 r �f Utility services to the site include: • 1 " Domestic water (fed from the municipal main located on the east side of Route 34) . • A sanitary connection via pumping station to an existing municipal sanitary main located just west of the railroad's westerly property line . • Overhead electric from a pole mounted transformer adjacent to the bathhouse . • Overhead telephone from a pole mounted in the middle of the on-site parking lot. Currently there is a single graveled boat ramp to the south end of the parcel . The property is accessed from Route 34 via a single curb cut that crosses the railroad toward the north end of the property. The existing sailing center building and parking area is within a FEMA Flood Zone C (areas with minimal flooding) . It's existing grade elevation ranges from 388' to 390' or 2' to 3' above the 100- year lake flood elevation of 386' . Be Proposed Cornell University is proposing to remove and reconstruct its existing deteriorating sailing center facilities . The existing site utilization (municipal park, marina, bath house, boat storage , and youth/college/adult education programs) would remain unchanged . The proposed new construction is to be as set forth in the Sketch Plan Review drawings prepared by Schopfer Architects , dated 10/10/06. The site and building modifications are summarized as follows : 1 . New Sailing Center • Remove existing 1 story, 1 , 212 SF sailing center. • Construct new two story 5 , 466 SF sailing center with lakeside observation deck (805 SF) . 2 . Boat Storage Shed • Construct a new 15' x 80' pole barn immediately south of the existing bathhouse (8' H . Eave with low pitch gable roof) 3. Expand the neck of the graveled boat launch for easier vehicle maneuvering . The existing graveled parking lot and Route 34 , curb cut will remain unchanged . The new sailing center is proposed to be constructed in the same general location as the existing with a building setback of 52' , a deck setback of 38' , and a patio setback of 30' (from edge of water) . C. List of Drawings The following drawings accompany the Development Review Application . SA = Schopfer Architects . 1 . Site Map . Existing . Sheet No . VS-2 , dated 12/15/06 . 2. Site Aerial . Existing . 3. Existing Site Plan . Sheet No. L1 , dated 10/10/06, by SA. 4 . Site Photo . Existing . Parking Lot and Sailing Center Building . 5 . Site Photo . Existing . Sailing Center Building . 2 �y d� 6. Proposed Site Plan . Sheet No. L2 , dated 10/10/06, by SA. 7. Proposed Sailing Center Building . Ground Floor Plan . Sheet No . Al , dated 10/10/06, by SA . 8. Proposed Sailing Center Building . Second Floor Plan . Sheet No. A2 , dated , 10/10/06, by SA. 9. Proposed Sailing Center Building . Exterior Elevations . Sheet No. A4 , dated 10/10/06, by SA. 10. Proposed Sailing Center Building . Exterior Elevations . Sheet No. A5, dated 10/10/06 by SA. 11 . Proposed Sailing Center Building . Rendering from the Northeast, by SA. 12. Proposed Sailing Center Building . Rendering from the Northwest, by SA. 3 e r.4 � 3 CORNELL LAKE SOURCE r LOWERY COOLING FACILITY CONSTRUCTION WAREHOUSE r,,-low AinamdMi SITE ACCESS NYS RT. 34 (EAST SHORE DRIVE) PRIVATE \ f rte+' s RESIDENCE TOWN PARK GAZEBO LEASED ® 0.35 ACRES BOAT HOUSE +� SAILING CENTER PARCEL . . . . 6.733 F PARCEL A . . . 2.000 A PARCEL B . . . 2.280 A TOTAL . . . . . 11.013 A 2396 LF ( 3089 LF ON 1 SITE MAP: EXISTING • 1 . r_ NYS ROUTE 13 ..,,�,, � r _ t _ -4t-V_y VILLAGE OF CAYUGA HEIGHTS SEWAGE TREATMENT FACILITY , c a a, '* NORFOLK SOUTHERN RAILROAD i —MARINA & / LEASE PARCEL 'A' I PRIVATE LAUNCH I 2.280 ACRES RESIDENCE RAMP LEASE PARCEL 'B' (MARINA) SITE 2.00 ACRES .CRES CRES C A YU G A 'RES LAKE )N RT. 34 SHORELINE Sheet No NNELL LING CENTER YN dr OF FIRST RESIDENCE TO SOUTH IORE MARINA FSITE) P ��� '�� iii►- '*+�#�' `�` r � •^ .►� {�% - �s a its- i 01 j'i'i ", •it 1 •�Fes. �� . .�. t i db { r I l Existing Lake I Source Cooling Building (Cornell) I I I Existing Water Line—, -- --- East Shore Drive (NYS Existing Railroad 1 T=- -- -- -- -- _ ------------------- -- -- -- D-G-7 ---------------- ------ ------ Ex. San ry 1 Sewer �n I Easement \0 Line Existing Gravel Parking d'� Existing 1 Storage Shed Existing Open Park Shelter— �- Parcel leased to town of \ Existing Ithaca (6/11103)for use as \\ Sailing Center--j town park, public recreation, access to lake& scenic overlook purposes. E =so._o. EXISTING SITE PLAN f i i I � 1 y - Existing Commercial I Building I I 1 oute 34) Exist. Marina a house T y Existing Municipai��- , E Sanitary Sewer Line Cn - -- - ------ c °' -- --------------------------------- — c tt nHfnU LJ ---- of M N r1 WZ i w a 0 W 0 Z E SCALE: 1" = 60' iV Survey Prepared by Clough Harbor& S o 3(r 0' Associates, 10/3/03 0 W 2 o N G r L lht OL 4 r •� i 4j J6 p a l j J T 1 1 t r r lit, =r: 1,47 3 1 +'r r f I 2 r.. � 1 a f � * r 9F r_ ■ s . 1 I I 1 I 1 East Sho Existing Asphalt / Parking Area for �_- -Ifu—nici pa-1'17517r -- -- - --------- --— ----- - _ _ t MainlEtltry. Sailing C�rmr \ �- y 6. l) \ Existing Open Park Shelter r - GfJ Parcel leased to town of Existing Shoreline Ithaca (6/11/03)for use as town park, public recreation, access to lake & scenic overlook purposes. Pro = osed Site Plan 1 1 60'-0 PROPOSED SITE PLAN I j' I N 1 I 1 � 1 1 I N I 1 1 Phase 2 Storage 1 Building: 1,200 SF �-- (15'x80'. 1 Story) e Drive (NYS Route 34) Exist. Marina Bathhquse — --7No-Change) I — 1 n T T I E LL --- -----to-_-- -- t ,r--------- —�tr _...--.._—. c ---------------- _ --------------- c ------ w - rn F-NU a Existing Marina (No Change) 0 w n } wwZ N U Q New Concrete Patio w/ N Deck Above a ��Illh 0 w 0 E Q SCALE: 1"= 60' N S a 39 60, loa W L C/3 o � —- ------ - i 21A4 � I Electrical Me O O p 10'-3 314' r 1BR @6 718', 17T 11') I c L Men Women T (30)3 High (30) 3 High (2 Lockers @ Lockers er. (33 1'x 1' 1'x 1' Hei F7 F-1 IF 1 /A5 R ---- - ecep --- P.E. Office (11'4'x13'6') + F- TTTTT7 Meeting F- T-R oomT1T-1 Room 2 x i ; (18'6"x18'6') TTY i i =4= dL ■ P 10 (C c rete FIRST FLOOR PLAN [hR Mech. Rm 2 r C rke m a� 5 v mr �oo N I—t)U S P E. Stoat e Ln I " M z w U K Y p to U1 Obser io 0,_ AV IR ■ Ilh Ground Floor 3,747 GSF Second Floor 1,719 GSF o w Fl ole Total Gross o Exterior Building Z ^ m z SF 5,466 GSF a Deck 805 GSF Floor Plan T a N 04ound 1 Y m= 1'-0• o � a a Asphalt Shingle Roof r- A D 11 fl Attic Storage Itfl I 4! I I tf I I 1 I I 1t I I I t1 I 1 I! tll LOpen to ! 11 Lobby u u Below —, Mec h Rm. Trai Dn 0'-3 314' II II II II 11 IL---------------------------------JI L----------------------------------- 1 i _ Coach's Offic _ J x(11'4"x13'6') I� - Go M The Great Room (908 SF) SECOND FLOOR PLAN D N 7 Skylights rgR d A A I 1 I{I rl I fl 1 I I 1 l I I r f I l II 1 Ir 11 Y m Below _ c c _ c _ m C= 0 U In U Fqc SEducatiort < Office� (9'x ���� N 11'4 3'10") � e �C� > i w cn n 1 R w r�lll 0 IL 0 u� m z o m Q nl Second Floor Plan 119" = 1'-0" J U) 1 F` i 0 \ \ ILI \. / MEESE 0,.Aesl t Elevaion 18 ° = '-0 ' ( Lake Side) u FFF--/ FF LL jo = = El 0 Ll 0 @Easst Elevation 118 - 1 -0 (Street Side) EXTERIOR ELEVATIONS Z Q m m L N T N M U. 2 _ co c yZ) v N H (n U o m m I n I n r7 0 N } Z � W N 7 U Q r 12 w 0 0 — The Merrill Family H `_ Sailing Center p Cornell Vnowrsity Z ^ m Z n 0 O N Q to O_ Lo OU) -f f` r 12 � 3 12 3 . 75 / ONorth Elevation 118 " = 1 '-0 " 5 12 3 / t Elevation (j).Souh 118 " = 1 ' -0 ° EXTERIOR ELEVATIONS i z � m L N a \ T T N \ \ LL +� > logo � U m I-z U) 0 m i v i Q N Y Z W N U Q 12 —� 3 . 75 W 0 w o z ^ mz o 8 U) C) co �n T O n O Ne c m O Q O . = � 1 , c - r C ! r 't r �,�:: - 6s.`�'2�•y . • - -�! „ v x - 1 "" sx �r 1 4J. aaasi tr< . �<�. +r_ J ♦ e, -i._ . . r. 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ATTACHMENT # 9 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KANTER, DIRECTOR OF PLANNING RE : TOWN OF ITHACA TRANSPORTATION PLAN — PUBLIC HEARING DATE : JANUARY 2, 2007 This is a brief overview and follow-up regarding the public hearing scheduled for the January 81h, 2007 Town Board meeting at 7 : 00 p .m . regarding the draft Town of Ithaca Transportation Plan. The Town Board set the public hearing at its December 11 , 2006 meeting. The document that is the subject of the public hearing is the October 19 , 2006 draft of the Transportation Plan (Volumes 1, 11 and 111) , along with the September 29, 2006 draft of the Executive Summary of the Plan, all of which were previously distributed to the Board and widely circulated to the public. Nicole Tedesco had provided the Board with a memo, dated Dec. 1 , 2006, and materials relating to comments received from the public regarding the draft Plan, including the Planning Board ' s recommendation to the Town Board on the Plan (PB Resolution No . 2006- 113 ) . Please refer back to the Plan draft and Nicole ' s memo and materials, or let me know if you need additional copies of any of these materials . The Planning staff has been compiling and reviewing public comments received regarding the Plan, and Nicole has already begun revising sections of the Plan accordingly. After holding the January 81h public hearing on the Plan, it is suggested that the Town Board ask the Transportation Committee to review all of the public comments received and prepare a final , revised Plan for consideration of adoption by the Board . Therefore, it is suggested that no action on the Plan be taken by the Board at the January 8th meeting, except to send it back to the Transportation Committee for compilation of a final revision . The Committee could tentatively meet in late January or early . February. Once completed, the revised, final Plan would then be sent back to the Town Board for consideration of approval . Another public hearing could be set to consider the final Plan, but would not necessarily be required. The SEQR (environmental) determination would also have to be made prior to adopting the Plan (the draft Long EAF on the Plan has previously been provided to the Board for review and will be re-circulated at the time that Plan adoption is scheduled for consideration) . Please feel free to let me know if you have any questions regarding the above. Nicole plans to attend the January 81h Town Board meeting as well . cc : Nicole Tedesco �yOFIT� January 8 , 2007 Town Board Mtg . ATTACHMENT # 10 TOWN OF ITHACA 215 NORTH TIOGA STREET , ITHACA , N . Y . 14850 www . town . ithaca . ny . us TOWN CLERK' S OFFICE PHONE (607 ) 273 =1721 FAX (607 ) 273 =5854 TOWN OF ITHACA NOISE PERMIT APPLICATION NAME/ORGANIZATION : �� UNA Il PERSONS RESPONSIBLE FOR EVENT: ADDRESS : ZL N 9A PHONE NUMBER : 8W 3 11 s'4 7� I ADDRESS OF PROPOSED EVENT: 2 1 Codc�cNI—o t' I PROPERTY OWNER : Acb%g-6 TE PROPERTY OWNER NOTIFIED : TE APPROVAL OF PROPERTY OWNER GIVEN : DATE/TIME SCHEDULE OF PROPOSED EVENT: 20-0 - ESTIMATED NUMBER OF PERSONS ATTENDING EVENT: SIGNATURE OF PERSON RESPONSIBLE FOR EVENT: REASONS FOR S, UCH USAGE : S e eT1Ac PLANS AND SPECIFICATIONS OF THE USE : DEC 1 3 2006 U ATEMENT AND CONTROL METHODS TO BE USED : Town of Ithaca Noise Permit Approved May, 13, 2002 TB Resolution No. 2002-072 DEMONSTRATUON WHY APPUOANT CANNOT CONFORM TO THE ORDWANOE . er' NAMES AND ADDRESSES OF NMGHBORS NOTUFUED . AUTHORIZATION FOR PERMIT ( From Town Noose Ordinance) . "Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in discretion, is authorized to grant a permit for a specific waiver from the requirements of this Ordinance. Su waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance t need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. A public hearing before the Town Board shall be held in connection with the application not less than five (5) days after publication of notice of such hearing in the Town 's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. " Applicant must conform to all provisions set forth in the "Ordinance Regulating Noise in the Town of Ithaca ". Please refer to the attached Noise Ordinance. THE UNDERSIGNED APPLICANT AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE, COMPLETE AND CORRECT: SIGNATURE OF APPLICANT: DATE : �Z 15 106 DATE APPLICATION RECEIVED BY TOWN CLERK : — 1211 "31, 6 (. DATE APPROVED BY TOWN OF ITHACA TOWN BOARD : RESOLUTION NUMBER GRANTING AUTHORIZATION FOR PERMIT : Town of Ithaca Noise Permit Approved May, 13 , 2002 TB Resolution No. 2002-072 A. An application for such a permit shall be filed with the Town Clerk no less than 45 days before the anticipated need and shall provide the following information: ( 1 ) The name of the applicant. Jacob S. Wallack 219 Coddington Rd. Ithaca, NY (2) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. Jacob S. Wallack 219 Coddington Rd. Ithaca, NY (2) The reasons for such usage. This permit request is for use duration a closed gathering of friends in honor of mutual friends who will be announcing their engagement. Planned festivities will begin with a barbecue and then continue into the evening with a local band performing in the confines of the house. (3) Plans and specifications of the use . The barbecue will commence at around 6 oclock P.M. and will likely consist of a few individuals grilling on the back deck of the residence. Talking amongst those on the porch may contribute to noise that can be heard from 25 ft away. The band will supply its own sound equipment and will play from around 9 oclock P.M. and end no later than 11 :59 P.M. The amplified music and drums will be the noise source for which the permit is necessary. Instruments will range from drum set to bass guitar. Music performed will not be of an extreme nature in sound levels or content. (4) Noise abatement and control methods to be used. Multiple noise controls and methods will be used to ensure that no public inconvenience, annoyance, or alarm occurs amongst those in the vicinity of the noise sources. The sound levels of the instruments will be set a suitable level for listening that is not at excessive or annoying level from outside of the house. Containing all noise sources within the confines of the well-insulated house will abate most if not all of the noise produced. Individuals will be located at the exits of the house to make sure that guests remain inside of the house and do not congregate in the yard or loiter in neighboring properties. This will restrict the ability for noise to be produced that could possibly disturb the comfort of neighbors. For those that need fresh air, back porch access will be regulated to restrict the amount of people on it at a time to reduce any loud discussion that may disturb neighboring homes. In order to ensure that the gathering does not exceed its permit guidelines the gathering will end when the band finishes and guests will be escorted off of the premises with special care to ensure that neighbors are not disturbed. This should not be a major problem as it will be in the heart of Ithaca' s cold winter and the temperatures will not be suitable for socializing. All adjacent houses will have the contact information of the responsible adult in charge of the gathering and will have the ability to contact him directly should any questions or concerns arise. (6) Time schedule. January 26`x' at 6 o ' clock P.M. until 11 :59 P.M. (7) Demonstration why the applicant cannot conform to-this chapter. EEC ATTEST ITHACA TOWN CLERK It is possible that this gathering will be unable to conform to Chapter 184 of the town code because noise may be generated from persons entering the house, amplified music, and drums that may be audible from 25 feet of the residence. The noise generated will not be of reckless nor excessive levels but as a precaution that the noise can be heard I am applying for the permit. (8) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. (9) For events that are not community-wide or public events, proof must be provided that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given. The notification shall state that any person objecting to the granting of such permit may contact the Town Clerk to express his/her opposition to the granting of the permit. All neighboring houses are listed and signed for below. Each house has received necessary information for contacting the Town Clerk: 215 N Tioga St, Ithaca, NY 14850, (607) 273- 1721 and the adult responsible for the gathering: Jacob S Wallack 219 Coddington Rd. Ithaca, NY 14850, (860) 371 5431 Full Name Address Phone Number �� h Sherwa n 9 dt ngfn j �- X52- i 1 LOU CODOI /Ucr�ro /L/ 0 / January 8 , 2007 Town Board Mg . ATTA% 111.jb1-FT TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM To . Town Board Members From . Susan Ritter, Assistant Director of Planning 6 .2 , Date . January 2 , 2007 Re : Conservation Board Membership, Associates, & Chair The Conservation Board at their meeting on November 2nd voted unanimously to recommend Diane Conneman for a second term as Chair for 2007 . Diane has been a very active member of the Conservation Board since her initial appointment in 2002 , and served as Chair in 2006 . The members of the Conservation Board request the Town Board ' s consideration of Diane for Chair for the upcoming year. Conservation Board members Lenore Durkee, James Hamilton, Eva Hoffinann, Brent Katzmann and Susan McCutcheon will have expired terms of office as of December 31 , 2006, as will Conservation Board Associate, Jon Meigs . All of these individuals have expressed an interest in continuing to serve on the Board . The Conservation Board requests the Town Board ' s consideration in the reappointments of these valuable members for two-year terms . Board member Melissa Anthony, whose term does not expire until 12/31 /07 , has requested an appointment to a non-voting Associate position . Melissa has found that the demands of new motherhood do not allow her to devote as much time to the Conservation Board as she would like. While she is still interested in participating on the Board, she acknowledges that she will need to take a less active role, and therefore would like to see someone with more time to devote to the Board assume her voting member position. The Conservation Board voted unanimously at their December 7`h meeting to recommend Melissa for the Associate position, and requests the Town Board to consider this appointment for a two-year term . The Board will begin the search for a new Conservation Board member in the coming weeks . Three draft resolutions are enclosed for the Town Board ' s consideration, including the appointment of the Chair position, the re-appointment of the five Board members, and the appointment of Melissa Anthony and re-appointment for Jon Meigs to the Associate positions . Enc . -January 8 ;. 2007 Town Board Mtg . ATTACHMENT # 12 SUSAN H . BROOK Agenda # 2 6 Attorney at Law 306 East State Street, Suite 230 Ithaca , New York 14850 Telephone : 607-277-3995 E-mail : brock @clarityconnect. com Facsimile : 607-277-8042 December 22 , 2006 Supervisor Catherine Valentino Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Re : Engagement Letter for Legal Services Dear Supervisor Valentino: This will confirm the terms on which the Town of Ithaca is retaining me to provide legal services as the attorney for the Town. My hourly rate for these services in 2007 will remain at $ 150 . 00 . All time, including but not limited to meetings, telephone calls, document drafting, court appearances and research, will be billed on an hourly basis, to the nearest one-tenth of an hour. In addition to my time charges, I will bill for my actual disbursements, including but not limited to long distance telephone and long distance fax charges, photocopying in bulk, and other miscellaneous out-of-pocket expenses . I will submit monthly bills showing a detailed description of services and a breakdown by day as to how much time was spent on Town matters . The bills will also show an itemization of disbursements for which the Town is being charged. Upon the Town ' s request, I will provide separate bills for specific matters . In the event that a dispute arises between us relating to my fees, the Town shall have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to you upon request. If the foregoing accurately describes our agreement, please sign the enclosed copy of this letter after the Town Board approves it and return it to me . The original is for your records . Please do not hesitate to discuss with me any questions you may have about this letter or any future bills . I have very much enjoyed working with the Town and look forward to my continued work with the Town in 2007 . Sincerely, Susan Hajda Brock Enclosures Signature : Date : January 8 , 2007 Town Board Mtg . ATTACHMENT # 13 Agenda # 2 6 AGREEMENT as to LEGAL REPRESENTATION between the TOWN OF ITHACA and GUY K. KROGH, ESQ., of THALER & THALER This agreement (the " Agreement" ) is made between the undersigneds as of January 1 , 2007. The Town of Ithaca, with its offices at 215 North Tioga Street, Ithaca, New York 14850 (herein, the " Town" ), has requested that Guy K. Krogh, Esq. (the " Attorney" ) provide services to the Town as an Attorney for the Town, and accordingly the Town hereby engages said Guy K. Krogh (of Thaler and Thaler, 309 North Tioga Street, Ithaca, New York 14850) to provide legal services to the Town at the request of Susan Brock, the Town Supervisor, the Town Board, the Planning Department, and/ or any other official of the Town, including, but not necessarily limited to : Preparing and reviewing necessary or desired legal documents primarily regarding real estate matters; Attending Town Board, Planning Board and Zoning Board Of Appeals Meetings upon request; The provision of such other or further legal services as the Town may desire or request. Fees for services performed by the Attorney, and his associates and employees, (herein, the " Fees" ) will be based upon the amount of time devoted by the individuals performing the services, multiplied by those individuals' respective hourly billing rates . For this Agreement, billing rates for 2007 are as follows : Partner - $150 . 00 per hour; Associate Attorney - $150 . 00 per hour; Paralegal - $90 . 00 per hour. Hours will be billed in minimum increments of a tenth of an hour . Hourly rates apply to all time expended relative to Town matters, including but not limited to : Meetings and conferences; Telephone calls and telephonic conferences, either placed by or placed to the Town, or otherwise made or had on the Town' s behalf or related to Town matters; Preparation, review and revision of correspondence and documents, memoranda, or papers relative to Town matters; Legal research; Court appearances and court conferences; Preparation time for any meeting or court matters; Travel time; and Any other time expended on behalf of or in connection with Town matters that are traditionally billed in the Attorney' s business . However, not all time will be deemed billable or will be billed by the Attorney, who may exercise his discretion to " no charge" any time and billing entries . The Attorney will not bill for any time, charges or expenses incurred for responding to any billing inquiries that may arise, nor will the Attorney bill for any time, charges or expenses incurred for the negotiation or drafting of any documents concerning the terms of employment of the Attorney . The Attorney and his firm will incur various costs and expenses in performing services, including but not limited to, filing fees, subpoena and service of process fees, reporting and transcription expenses, postage, courier delivery expenses, long distance telecommunications, document reproduction and/ or printing expenses, travel expenses, and computer assisted legal and factual research expenses . The Town agrees to reimburse the Attorney for any such costs and expenses actually and necessarily incurred by the Attorney on behalf of the Town. Such costs and expenses shall be deemed and billed as Fees under this Agreement. The Attorney will provide the Town with copies of all correspondences, documents, and pleadings, and will keep the Town apprised of the status of each matter being handled, in whole or in part, by the Attorney . The Town has sole discretion in determining whether to terminate the Attorney' s representation at any time, for any or no reason. While the Attorney and his firm seek to avoid fee disputes with the Town, and encourage open discussion to resolve any fee disputes, the Town is advised that it has the right, at its election, to seek arbitration to resolve any fee dispute . In such event, the Attorney shall advise the Town in writing by certified mail that the Town has 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and the Attorney shall enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the Attorney and the Town. The Town is referred to Part 137 of the Rules of the Chief Administrator of the New York State Courts for more information about arbitration. At any time, even if there is no fee dispute, the Attorney will forward the complete text of Part 137 to the Town. The Attorney also has the right to withdraw from representing the Town in the event of the Town' s failure to communicate or cooperate in the provision of legal services, or if the Town engages in any conduct which would make it inappropriate to continue representation, or if any bill rendered for Fees remains unpaid, in part or in full, for a period of 90 or more days after such bill is delivered to the Town. The Attorney will send the Town an invoice every month, or more or less frequently, upon request of the Town. The Town is hereby made aware that in the provision of municipal legal services there are often facts and circumstances that call for a legal judgment and for which there is no specific or unanimous " correct" answer. The Attorney shall exercise his best judgment in all cases and at all times to provide legal services and advice that are consistent with law and controlling or persuasive legal precedents, and that will minimize the risk and expense to the Town. Despite these best efforts, the Town acknowledges that there is no assurance or guarantee of the outcome of any matter, the length of time it may take to resolve any matter, or the costs which may be incurred to attempt to resolve any matter. The Attorney will endeavor to advise the Town as to any and all risks and expenses that any proposed course of action or conduct may entail so that the Town may weigh its alternatives and make a decision that is in the best interests of the Town and its constituents. The Town has reviewed and understands this Agreement. The Town has had an opportunity to ask any and all questions it may have pertaining to this Agreement, and has had each such question answered to its full satisfaction and understanding. Accordingly, the Town and the Attorney each agree to all of the terms set forth in this Agreement. Town of Ithaca (" Town" ) Title Date Guy K. Krogh, Esq. (" Attorney" ) Title Date ATT� �� 4 January 8 , 2007 Town Board Dita ��![�D?, p�� 2007 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows : 1 . GENERAL REPAIRS. The sum of $125,000 shall be set aside to be expended for primary work and general repairs upon 8 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sum of $35,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The following sum of $30,000 shall be set aside to be expended for the permanent improvement of Fidler Road to re-establish drainage ditches, change drainage pipes, reseed ditches and pave .11 miles of road The following sum of $20,000 shall be set aside to be expended for the permanent improvement of Schickel Road to put an overlay on the existing surface treatment of .08 miles of road. The following sum of $65,000 shall be set aside to be expanded for the permanent improvement of St. Catherine' s Circle to full depth base reclamation, upgrade the drainage system, and pave .23 miles of the road . The following sum of $130,000 shall be set aside to be expanded for the permanent improvement of Stone Quarry Road to replace pipes and catch basins and put a 2" overly on 1 . 13 miles of road. Executed in duplicate this 8th day of January 2007. Supervisor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson Town Highway Superintendent NOTE: This Agreement should be signed in duplicate by a majority of the members of the Town B and by the Town Highway Superintendent. One copy must be filed in the Town Clerk's office and o the County Superintendent' s office. THIS FORM NO LONGER HAS TO BE SIGNED BY THE COU SUPERINTENDENT (1994 ) . COPIES DO NOT HAVE TO BE FILED IN ALBANY. January 8 , 2007 Town Board Mtg . ATTACHMENT # 15 TOWN OF ITHACA CASH MANAGEMENT and INVESTMENT POLICIES and PROCEDURES INTRODUCTION Section 39 was added to the General Municipal Law in 1992 . This State Legislative law requires that all counties , towns , village , school districts , boards , cooperative education services , district corporations as defined and described by the General Construction Law , section 36 , and any other political subdivision of the State of New York, adopt by resolution a comprehensive investment policy detailing the operational policy and instructions and staff regarding the investing , monitoring , managing of cash and other liquid assets and reporting to the local government. In this case the Ithaca Town Board . This legislation formalized such policies and procedures for local governments to enable them to : establish a prudent set of basic procedures to meet the investment objects of local. government, to take measures in assuring that investment assets of the local government are adequately protected, and collateralized, - establish and maintain a system of internal controls which include accounts and records which will accurately reflect in practical detail , all investment and cash transactions , and to finally provide local government (E . g . Ithaca• Town Board) with accurate financial reports and records which reflect investments , assets and other liquid assets in compliance with Generally Accepted Accounting Principles (GAAP) . Due to the enormous differences of local governments (size , operations and sophistication) the State Legislature found it inappropriate to mandate specific procedures but requires that the adoption of any cash management and investment policy address at a minimum, design broad areas to achieve such basic investment and management objects as : i a list of authorized investments , procedures which ensure the local government ' s financial interest in investments , standards for written agreements consistent with legal requirements (E . g . custodial and collateral agreements ) , procedures for the monitoring , control , reporting and retention of investments and collateral , - standards for security and custodial agreements consistent with legal requirements , standards for diversification of investments which include the type of acceptable and allowable investment and firm (E. g . financial institutions ) that can transact business with local government, and lastly , design or look to market and regulatory standards for reputable investment agents (E. g . Tompkins Trust Company) which will transact business with local government (E . g . Town of Ithaca) . To assist local government with this tedious task and maintaining compliancy with General Municipal Law , section 39 , the Chief Fiscal Officer and Town Budget Officer has turned to the New York State Comptroller ' s Office and it ' s "model investment policy" in formulating this Cash Management and Investment Policy for the Town of Ithaca. Beginning on page 3 of this document for this governing board ' s review , discussion and adoption is the Town of Ithaca ' s Cash Management and Investment Policy . The Town Chief Fiscal Officer, Cathy Valentino and Town Budget Officer, Al Carvill strongly recommends that this document be reviewed annually or whenever new investment of cash management legislation becomes law or mandated by other investor and financial agencies . (E.g. Moody ' s, SEC .) This document should also be reviewed as staff capabilities change or as any other internal or external issues dictate. 2 CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA I . SCOPE This cash management and investment policy applies to all moneys and other financial resources available for investment on of the Town of Ithaca. II. OBJECTIVES The primary objectives of the Town of Ithaca' s Cash Management and Investment Policy are , 1 . conformance with federal , state and other legal requirements ; 2 . to adequately safeguard all cash principal ; 3 . to provide sufficient liquidity to meet all operations : 4 . and to obtain a reasonable and safe rate of market yield. III. DELEGATION OF AUTHORITY The governing town board ' s responsibility for administration , and monitoring of the Town ' s Cash Management and Investment Policy is delegated to the Town ' s Chief Fiscal Officer (which is the Town Supervisor) and the Town Budget Officer for the specific reason that is these Town Officers that have day-to-day custody of all Town money . This custodianship shall include adequate and practicable internal controls that will provide satisfactory levels of accountability within the Town ' s accounting and financial records and reports . 3 IV. PRUDENCE Everyone who is involved in the cash management and investment process is expected to act responsibly as custodians of the public trust and will avoid any transactions which might impair public confidence in the Town of Ithaca to administrate any/or govern effectively . V. DIVERSIFICATION It is the policy of the Town of Ithaca to diversify it ' s cash deposits and investments whenever practicable and to the benefit of the Ithaca Town community by institution , by both investment and account type and maturity scheduling . VI. INTERNAL, CONTROLS It is the policy of the Town of Ithaca for all moneys collected by any officer or employee of the Town of Ithaca to give such funds to the Town ' s Chief Fiscal Officer or Town Budget Officer who shall deposit such funds within three (3 ) business days , or within a time period specified by law , whichever is shorter. The Town ' s Chief Fiscal Officer and Town Budget Officer or any other employee or agent having custody of Town moneys is responsible for maintaining effective internal controls in safeguarding the cash assets of the Town of Ithaca against loss . Such transactions are to be recorded properly in the Town ' s accounting banking records . VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the depositing of Town moneys and investments shall be annually designated under resolution by the governing town board . 4 r VII . COLLATERALIZING DEPOSITS General Municipal Law , section 10 provides for all deposits of the Town of Ithaca, including certificates of deposits , money market accounts , savings accounts , demand accounts that are in excess of the amount insured under those provisions of the Federal Insurance Deposit Act shall be secured . 1 . By a pledge of "eligible securities " with an aggregate "market Value" , or provided by General Municipal Law , Sec . 10 , equal to the .aggregate amount of deposits a designated in Appendix A of this policy . IX. SAFEKEEPING and COLLATERALIZATION Eligible securities used for collateralizing the deposits of the Town of Ithaca shall be held by the bank or a third party custodian in the name of the Town of Ithaca subject to the terms and conditions of a security and custodial agreement. The security agreement shall provide that eligible securities are being pledged to secure the Town of Ithaca deposits together with agreed upon interest, if any , and any costs or expenses arising out of The collection of such deposits upon default. It shall also provide the conditions under which securities may be sold or substituted or released and the events which enable the Town of Ithaca to exercise its right against the pledged security(ies) . In the event that the securities are not registered or inscribed in the name of the Town of Ithaca, such security(ies ) are to be delivered and transferred in a suitable form to the Town of Ithaca or its custodial bank. The custodial agreement is to provide that securities held by the bank or trust company , agent or custodian fro the Town of Ithaca, will be kept in a separate account, apart from the general assets of the custodial bank, the bank, trust company or agent . In brief, these ' . , securities are not to be commingled with the assets of the financial 5 institution . The agreement will also instruct and direct that the custodian shall confirm the receipt, substitution or release of securities . The agreement will also identify the frequency for valuing those collateral securities held for the benefit of the Town of Ithaca. X. PERMITTED INVESMENTS The Chief Fiscal Officer, treasure or any other officer who has custody of municipal money to invest funds to invest idle funds not needed to meet immediate expenditures . The following types of investments are : - Special time deposit - Certificate of deposits - Obligations of the United States of America - Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America. - Obligations of the State of New York - With approval from the State Comptroller, obligations issued pursuant to Local Finance Law , sections 24 & 25 by any municipality , school district or other municipality corporation . - Obligations of public authorities , public housing authorities , urban renewal agencies and industrial development agencies where general State statutes governing such entities or whose specific enabling legislation authorizes such investments . - Certificate of Participation (COPs) issued pursuant to General Municipal Law , section 109b , and - Obligations of this local government, but only with moneys in a reserve fund established under General Municipal Law , sections 6 -c , 6-d, 6 -e , 6 -g , 6 -h , 6-j , 6-k, 6 -1 , 6 -m or 6-n . The State Comptroller directs that all investments are payable or redeemable at the option of the Town of Ithaca within such times as the proceeds will be needed to meet expenditures for which the moneys were initially provided and, when obligations have been purchased with the proceeds of bonds or notes , they too will be payable or redeemable at the option of the Town of Ithaca within two years of the date of purchase . 6 XI . AUTHORIZED FINANCIAL, INSTITUTIONS The Town of Ithaca will annually under separate resolution designate the Town Official Depositories for the purpose of depositing and investing Town funds . The may also establish , if desired, appropriate limits to the amount of funds that can be invested in any or specific financial institution . All financial institutions doing business with the Town of Ithaca must be credit worthy . Each financial institution at the discretion of the Chief Fiscal Officer or other Officer having custody of Town funds may request the Consolidated Report of Condition (financial statement commonly referred to as the Call Report) of any bank or financial institution doing business with the Town of Ithaca. The Chief Fiscal Officer and the Town Budget Officer recommend that the governing town board annually designate under separate resolution those depositaries , and other financial custodians of town funds annually. 0 CASH MANAGEMENT and INVESTMENT POLICY FOR THE TOWN OF ITHACA Schedule of Eligible Securities ( 1 ) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest by the United Sates of America, an agency thereof or a United States government sponsored corporation . (2) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation , school district or district corporation of such State or obligation of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys . (3 ) Obligations of counties , cities , and other governmental entities of a state other than New York State , having the power to levy taxes that are backed by the full faith and credit of such government entity and rated in one of the three highest rating categories by at least one (E . g . Moody ' s ) nationally recognized statistical rating organizations . (4) Any mortgage related securities , as defined in the Securities and Exchange Act of 1934 , as amended , which may be purchased by banks under the limitations established by bank regulatory agencies . 8 Manua% 8W, N2CLERK'� M064 H EV REPORT ATTACHMENT # 16 I T In OF ITHACA, NEW YORK DECEMBER, 2006 E SUPERVISOR: PAGE 1 P t to Section 27 , Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law : A1255 3 MARRIAGE LICENSES NO . 06128 TO 06130 52 . 50 2 MISC . COPIES 1 . 85 I TAX SEARCH 5 .00 2 MARRIAGE TRANSCRIPT 20 .00 TOTAL TOWN CLERK FEES 7935 A2544 DOG LICENSES 356 .90 TOTAL A2544 356.90 B2110 9 BUILDING PERMIT 75335 . 00 3 BUILDING PERMIT EXTENSIN 187 . 50 1 FIRE SAFETY INSPECTIONS 110. 00 1 ZONING BOARD MTG 100 .00 5 TEMP CERTIFICATE OCCUP 23585 .00 2 OPERATING PERMIT 100 .00 TOTAL B2110 119417950 B2115 2 SUBDV . REV. FINAL PLAT 280.00 3 SITE PLAN INIT. APL. FEE 300 .00 I SITE PLAN FINAL PLAN 500 . 00 2 ASS . MTG . FEE P.H . PROCE 100 . 00 I REZONING/ZONING AMEND 175 . 00 TOTAL B2115 19355.00 TOWN CLERK' S MONTHLY REPORT DECEMBER, 2006 Page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 436 .25 PAID TO SUPERVISOR FOR PART TOWN FUND 123772 . 50 PAID TO COUNTY TREASURER FOR DOG LICENSES 63 . 10 PAID TO AG & MARKETS FOR DOG LICENSES 6.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 67 .50 TOTAL DISBURSEMENTS 13934535 JANUARY 3 , 2007 SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I , TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public TOWN OF ITHACA Public Works Department' s Monthly Board Report December for the January 8, 2007, Meeting ROADS ♦ Checked plow runs . ♦ Hauled 1A stone and crushed limestone for stock piling. ♦ Organized pipe stockpiles and miscellaneous materials . ♦ Trimmed brush along roads . ♦ Patched and filled shoulders on various roads . ♦ Hauled equipment for the Town of Danby and Tompkins County . o Stone lined ditch on Updike Road to fix erosion problem. ♦ Cleaned debris from ditches and edge of road at Stone Quarry Road and Sand Bank Road . ♦ Salted roads only two days during December . ♦ Surveyed for up coming projects . ♦ As-built drawings were updated . RKS AND TRAILS Tree trimming and brush cutting at various parks and trails . ❑ Turned compost piles . ❑ Cleaned and repaired ditch on East Ithaca Recreation Way (Game Farm Road section) to alleviate water problems . ❑ Monthly park and trail site inspections were completed . WATER ■ Located and checked operations of water valves throughout Town. ■ Inventoried stock of water fittings . ■ Water main breaks and repairs : o Sycamore Drive and Pinewood Place . o 1044 Danby Road o Pine Tree Road — T-main repairs . ■ Hydrant replacements : o Renwick Drive o Coddington Road o West King Road . Repaired valves on Rewwick Drive and Renwick Heights Road . SEWER 4 Developed GPS locations for sewer manholes in the Inlet Valley area. + Checked manholes for infiltration and repaired several leaks . + Repaired broken 8" sewer pipe at Roadside Inn (formerly Wonderland Motel) . a Weekly pump station inspections . ¢ Cleared sewer blockage on Five Mile Drive (Rt. 13A) and cleaned sewer along the rest of Five Mile Drive to prevent other blockages . o Marked out DSNY' s (71 this month) . BUILDING MAINTENANCE o Flagpole repaired at Town Hall with the City of Ithaca' s bucket truck . o Moved dust collector in the Public Works Facility' s woodshop. o Worked on problems with exhaust fans at Public Works Facility . o Repairs to overhead doors at Public Works Facility . o Checked sprinkler systems (Town Hall and Public Works Facility) with Davis Ulmer. o Miscellaneous electrical repairs at Town Hall and Public Works Facility . Tanua y Projects 1 . Christmas tree pick up . 2. Snow removal as needed . 3 . Continue water valve box repairs . 4 . Tree and brush removal . 5 . Prep and paint inside of pump stations and water piping. 6 . Continue survey work for 2007 projects . ghk OFIp TOWN OF ITHACA PLANNING DEPARTMENT is zi 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 �� W X04 Jonathan Kanter, A.LC.P. (60'7) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for January 8 , 2007 Town Board Meeting DEVELOPMENT REVIEW December 5 , 2006 Planning Board Meeting : Overlook at West Hill Light Fixtures, West Hill Circle : The Planning Board granted Preliminary and Final Site Plan approval for a modification to the Overlook at West Hill development located off Trumansburg Road on West Hill Circle, Town of Ithaca Tax Parcel No . ' s 24-4- 14 .23 and 24-4- 14 .24, Multiple Residence Zone. The modification includes replacing the previously installed unshielded wall pack lights at all exterior doorways and porches in the Phase la development with new fully shielded wall mounted light fixtures . The installed light fixtures are decorative in nature, but do not conform with the site plan approved by the Planning Board on April 20, 2004 (PB Resolution No . 2004-032) , which included shielded, full cutoff light fixtures to prevent unnecessary glare and light spillage. The modification would also apply to all buildings in the Phase lb development. Overlook at West Hill, LP , Owner; David Brewster, Agent. Recommendation to Town Board regarding a local law amending the provisions for the use of alternate Planning Board members : The Planning Board approved an affirmative recommendation to the Town of Ithaca Town Board regarding a local law amending Chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding the use of Planning Board alternate members, conditioned upon deleting the following words from Section 2 .b : "abstention or any other reason". December 19, 2006 Planning Board Meeting: Engman/Westmont 2-Lot Subdivision, 206 Forest Home Drive and 120 Warren Road : The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision (lot line modification) located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No . ' s 66-2-2 and 66-2 -4, Medium Density Residential Zone. The proposal involves subdividing a +/- 1 , 000 square foot strip of land from the eastern edge of 206 Forest Home Drive, which will then be consolidated with 120 Warren Road . Westmont Family Trust and Herbert J . Engman, Owners/Applicants . Ithaca Community Childcare Center Additions & Renovations, 579 Warren Road : The Planning Board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No . 73 - 1 - 1 .4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 5 ,910 gross square feet, interior renovations to the existing building, a new canopy leading to the main entrance, and new Y �j[RNRtR `�TownofTtl aca�T'1 nnang�Dcrector's Report , J Hoary 8, 2Dt? 7, To�w� Board Meetzng �" � ' R landscaping, sidewalks, and lighting. Ithaca Community Childcare Center, Owner/Applicant; Peter J . Trowbridge, Trowbridge & Wolf, LLP , Agent. Rite Aid Pharmacy Fence, Pine Tree Road and. Mitchell Streets : After considering a modification to the Rite Aid Pharmacy development located at 330 Pine Tree Road, Town of Ithaca Tax Parcel No . ' s 62 - 1 - 3 . 2 , 62- 1 -2 . 2 , and 62 - 1 - 1 , Community Commercial Zone, permitting the installed 6-foot high chain link fence around the storm drainage pond to remain (the installed fence does not conform with the site plan approved by the Planning Board on December 6 , 2005 , which did not show any fence in this location), the applicant ( 1093 Group, LLC, Owner/Applicant; William A . Paladino , Agent) withdrew the application and agreed to remove the fence. Sketch Plan Review, Phase II Development at Former Judd Falls Plaza, Pine Tree Road and Mitchell Streets : The Planning Board reviewed a sketch plan for a proposed hotel and two restaurant / retail buildings as part of the Phase II Development of the former Judd Falls Plaza located off Pine Tree Road and Mitchell Street, Town of Ithaca Tax Parcel No . ' s 6271 -3 .2, 62- 1 -2 . 2 , and 62- 1 - 1 , Community Commercial Zone. The proposal includes a three-story, +/- 60, 507 square foot hotel containing approximately 84 rooms and two restaurant / retail buildings totaling +/- 7 , 900 square feet. The proposal also includes improvements to the parking area along with new walkways and landscaping. Variances would be required for the hotel setbacks and for a drive-through restaurant located within 1 , 500 feet of another drive-through restaurant. 1093 Group, LLC, Owner/Applicant ; William A . Paladino , Agent. The Planning Board indicated strong concerns to the applicant regarding the size of the hotel, the drive-through restaurant, and other aspects of the proposal , indicated that it would not likely recommend approval of variances for the proposal , and requested that the developer come back with a different proposal . Recommendation to Town Board Regarding Chairperson for 2007 : The Planning Board recommended that the Town Board appoint Fred Wilcox to serve as Chair of the Planning Board for 2007 . Reviews for Zoning Board (ZBA) : One application for the Zoning Board was processed since the December report as follows : December 18 , 2006 ZBA Meeting: ( 1 ) special approval and a height variance were granted to permit the operation of a construction business out of the applicant ' s home and garage (converted 21 foot high barn/garage exceeds the 15 foot maximum height permitted for accessory structures) , located at 674 Coddington Road, Low Density Residential Zone, William H . Goodhew, Appellant, CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COQ : The Committee met on December 20, 2006 to continue review of existing regulations regarding docks and shoreline structures in the Lakefront Residential Zone, review of draft amendments of regulations regarding home occupations, and a brief report on resident survey regarding weekly rentals in the Lakefront Residential Zone. The next COC meeting is scheduled for January 17, 2007 . Tentative agenda items include completion of review of dock 2 i EEk - �?t1 � �'" 3 ica P!cOn"irxg 1�)irector� .. 2512 r viT x Boari��leet ng ' `S "` regulations, discussion of survey results regarding weekly rentals in Lakefront Residential Zone, continuation of discussion of regulations regarding wind energy facilities, discussion of regulations regarding amateur radio towers, and initiation of discussion regarding possible amendments to sign law. Transportation Committee/Transportation Plan : Staff has continued to compile and address public comments received regarding the Transportation Plan, and has begun revising sections of the Plan accordingly. After holding the public hearing on the Plan scheduled for January 8 , 2007 , it is suggested that the Town Board ask the Transportation Committee to review all of the public comments received and prepare a final, revised Plan for consideration of adoption by the Board. Conservation Board : The Conservation Board met on December 7, 2006 to discuss committee membership for 2007, status of committee work, and plans for the Richard Fischer Award for the upcoming year. The Scenic Resources Committee hopes to prepare an insert for the Spring Newsletter summarizing the scenic resource inventory and analysis and including information to generate public interest and obtain resident ' s input in identifying important scenic locations . The next meeting is scheduled for January 4 , 2007 . Ithaca-Tompkins County Transportation Council (ITCTC) Joint Planning and Policy Committee: The joint meeting of the ITCTC Planning and Policy Committees was held on December 19, 2006. Bill Gray was elected to serve as Chair of the Planning Committee for 2007, and Jonathan Kanter was elected to serve as Vice Chair. Don Hartill was elected to serve as Chair of the Policy Committee for 2007, and Cathy Valentino was elected to serve as Vice Chair. The City of Ithaca presented its multi- year bridge program for informational purposes. TIP amendments were approved to include two projects that will be receiving grants under the Transportation Enhancement Program, including the pedestrian crossings at NYS Route 13 at Third and Dey Streets in the City of Ithaca and the Forest Home Bridge at Fall Creek Rehabilitation (sponsored by Tompkins County) in the Town of Ithaca. The Committees also discussed the 2007-2012 TIP Update, and the Planning Committee is setting up a sub-committee to review the TIP proposals. The next meeting of the ITCTC Planning Committee is scheduled for February 13 , 2006 at 10 : 00 a.m. The next meeting of the Policy Committee is scheduled for March 13 , 2007 . Gateway Trail : Planning staff met with the Public Works Committee to discuss map work that has been prepared showing the proposed alignment of the trail and problem/issue areas that need special design attention, including the crossing of Stone Quarry Road and the alignment through the Emerson property. Staff is working on setting up a meeting with City of Ithaca representatives to discuss some of the issues and how responsibilities for the trail will be split up. A follow-up meeting with Emerson officials is also being planned for the near future. 3 Town Engineer' s Report for 1/8/2007 Town Board Meeting TOMPKINS COUNTY EMERGENCY PLANNING COMMITTEE The Town Engineer is the Public Officials Representative member of the Emergency Planning Committee . I serve on the Public Works Sub-Committee and the Public Officials sub committee . The Public Officials Sub-committee is charged with developing the means to provide information to the officials in the county municipal governments regarding emergency management programs in the county. The sub-committee will meet in January to develop plans for a public officials conference for early 2007 . EARTH FILL PERMITS No earth fill permits were issued in December 2006 . WATER PROJECTS Trumansburg Road Water Main Improvements Final design is is being completed for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive . This project has been on the capital plan for construction in 2007 . The Hanshaw Road water main replacement design and contract documents are being completed and will be reviewed by the public works committee, prior to bring the plan to the Board for authorization to bid the project. The project has been on hold until the County has finalized a construction schedule for the Hanshaw Road reconstruction project. SEWER PROJECTS Sewer Joint Committee There was no SJC meeting in December. Joint Interceptor Sewer Projects Construction of the interceptor sewer on Aurora Street between Hudson Street the block above Prospect Street was completed in October. Work will be started on the remainder of Aurora Street in the spring when rehabilitation of the Aurora Street bridge begins. STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan for t he Northeast area. A public meeting was held on December 6th and information gathered from the residents is being used in the development of alternative solutions for the drainage problems . DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices . Most of the site work has been completed and restored . TOWN ENGINEERS REPORT 12/ 11 /2006 WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored . The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase II improvements is complete except for final pavement. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. Deeds and easements for the road and utilities are also being finalized. WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC . Phase II work on the project has begun with clearing of the road area. OVERLOOK ON THE WEST HILL Most of the site restoration and Landscaping work has been completed. The Engineering staff is monitoring the site sediment and erosion control measures . BIGGS BUILDING DEMOLITION Demolition of the old Biggs A' building was delayed and final site restoration will be completed in the spring. The primary hard fill disposal area at the old power plant site has been filled and covered and is being protected by the required sediment and erosion control measures . Placement of hard fill at the secondary fill area has is being monitored by the Engineering Department. Town Engineer's Report January 8. 2007 Daniel R . Walker Page 2 1 /3/2007 i Town of Ithaca Building and Zoning Monthly Report 12/1 /06 Until 12/31 /06 Building Permits BP # Date Value Description fee category 6797 12/1 /2006 $ 18,500 .00 Front porch $60 .00 additions to residential 6798 2/13/2006 $230 ,000 .00 New 3 bedroom single-family home with $550 . 00 new single-family attached 2-car garage homes 6799 2/19/2006 $65,000 .00 Convert 2 family into 1 family and build $200 . 00 conversions of use attached 2-car garage 6800 2/19/2006 $20 ,000 .00 Wall partitions to create Suite 220 $60.00 business 6801 2/20/2006 $26 ,000 . 00 14'x30' in-ground pool and fence $70. 00 miscellaneous 6802 2/22/2006 $25,000 .00 Convert unfinished basement area into $70 .00 renovations to habitable space residential 6803 2/28/2006 $61 ,750 .00 Construct 2nd story addition $200 . 00 renovations to residential Totals $446,250 .00 $ 19210 .00 Certificates of Occupancy BP # Address Description CO Temp 0 6472 950 Danby Rd Convert existing lavatory into ADA 12/112006 ❑ compliant lavatory 6517 100 Christopher Cir Tear off and replace roof cover 12/1 /2006 ❑ 6516 1503 Slaterville Rd Rubber roof installed over porch 12/112006 ❑ 6493 220 Eastern Heights Dr Reroof house 12/1 /2006 ❑ 6465 346 Warren Rd Replace sliding door with window 12/1 /2006 ❑ 6518 11 Alex Wy New 4 bedroom single-family with 1216/2006 ❑ attached 2 car garage 6620 321 West Hill Cir 8 unit multiple dwelling 12/8/2006 6797 101 Alison Dr Front porch 12/14/2006 ❑ 6621 331 West Hill Cir 8 unit multiple dwelling 12/15/2006 R 6293 110 West Hill Cir 8 unit multiple residence building and 12/19/2006 ❑ associated site work 6294 111 West Hill Cir 8 unit multiple residence building and 12/19/2006 ❑ 0 associated site work Thursday, January 04 , 2007 Page 1 h Town of Ithaca Building and Zoning Monthly Report 4, 12/1 /06 Until 12/31 /06 6295 120 West Hill Cir 8 unit multiple residence building and 12/19/2006 associated site work 6296 121 West Hill Cir 8 unit multiple residence building and 12/19/2006 ❑ associated site work 6297 130 West Hill Cir 8 unit multiple residence building and 12/19/2006 ❑ associated site work 6298 131 West Hill Cir 8 unit multiple residence building and 12/19/2006 ❑ associated site work 6299 141 West Hill Cir 8 unit multiple residence building. and 12/19/2006 El associated site work 6301 200 West Hill Cir Community center 12/19/2006 ❑ 6300 151 West Hill Cir 8 unit multiple residence building and 12/1.912006 associated site work 6631 397 Forest Home Dr New plant production facility 12120/2006 ❑ 6783 282 Hayts Rd Construct Ag storage building in Ag zone 12/26/2006 ❑ 6697 756 Dryden Rd Add telecommunications antennae and 12/27/2006 ❑ base equipment to existing tank 6666 29 Renwick Heights Rd Dormer and change staircase 12/27/2006 Complaints Date Address Complaint Type Disposition 12/8/2006 117 Snyder Hill Rd property maintenance Abated 12/11 /2006 329 Stone Quarry Rd building code Pending 12/15/2006 Rosemary Ln building code Other 12/18/2006 101 Harris B . Dates Dr building code Pending 12/21 /2006 1519 Slaterville Rd property maintenance Pending 12/28/2006 315 Coddington Rd correspondence Pending Existing Building CO Field Visits Building Code 63 Complaint/Investigation 3 Fire Safety 0 Fire Emergency 0 Total 66 Thursday, January 04 , 2007 Page 2 r• ' 0110412007 TOWN OF ITHACA 8 : 30 B2110 - B2110 Transaction Report For the period 12/01 /2006 through 12/31 /2006 pe Date Comment Name Quantity Fee B 0 1 . BP 12/05/2006 41 .- 1 -30.2 ITHACA COLLEGE 1 200.00 2 . BP 12/05/2006 39.- 1 - 1 .2 , SUITE 220 SOUTH HILL BUSINESS 1 60 .00 CAMPUS 3 . BP 12/06/2006 40.4-2 ROGAN'S 1 45 .00 4 . BP 12/07/2006 72.- 1 -30 WILLIAMSON, DAVID 1 200 .00 5 . BP 12/08/2006 70.-2-6 FOX, DANNY 1 200.00 6 . BP 12/ 11 /2006 27 .- 1 - 13 . 121 - 13 . 1621 - 13 . 17 CONIFER REALTY 1 61000 .00 7 . 13P 12/ 14/2006 17.4- 10.2 LOBO, HUBERT 1 70.00 8 . 13P 12/ 15/2006 24.-4- 14.24 OVERLOOK. AT WEST HILL 1 500 .00 II , LP 9. BP 12/21 /2006 39.- 1 - 12 SOUTH HILL BUSINESS 1 60 .00 CAMPUS 9 7,335.00 10 . BPE 12/04/2006 21 •-2-26 MENNEN , RICHARD & 1 87 . 50 SALLY 11 . BPE 12/ 12/2006 48 .- 1 - 14 .61 SAYET, PETER 1 50 .00 E 12/ 19/2006 43 .- 1 -3 . 2 SKYRISE ASSOCIATES, LLC 1 50 .00 3 187.50 1 12/21 /2006 41-2-7, 41- 1 -3 . 5, 43 .- 1 -3 .6 MONTESSORI SCHOOL 1 110 .00 1 110.00 P 12/05/2006 200 WEST HILL CIRCLE OVERLOOK AT WEST HILL 1 900 .00 P 12/21 /2006 31 -3-7 ECONOMY INN 1 200 .00 2 1 ,100.00 16 . TCO 12/01 /2006 24.4- 14.24 GAETANO FOR OVERLOOK 1 500 .00 17 . TCO 12/07/2006 24 .4- 14.23 , BLDS 6, 7, 8 OVERLOOK AT WEST HILL 1 1 ,500 .00 18 . TCO 12/08/2006 24. 4- 14.24 OVERLOOK 1 500 . 00 19 . TCO 12/ 11 /2006 61 .- 1 -8 . 15 ELIZABETH LIVESAY RAY 1 35 .00 GLAHN 20. TCO 12/27/2006 17 .-3 -4 THOMAS BOTSFORD 1 50 .00 5 2,585.00 21 . ZBM 12/07/2006 24 .-3 -3 . 1 PALEONTOLOGICAL 1 100 .00 RESEARCH INST 1 100.00 Total Sales 21 119417.50 Regular Meeting of the Ithaca Town Board , January 8 , 2007 � - Human Resources Report for December, 2006 Board Personnel Committee : The committee discussed changes occurring in the Planning Department due to Nicole Tedesco' s resignation . The committee discussed other personnel concerns raised by the members . The next meeting will be January 25tH Employee Relations Committee : Met for the first time as this new committee . The committee decided to meet at least every other month beginning in February. The meetings will be held at alternating locations on the 2nd Wednesday from 1 : 30 - 2 : 30 pm . Safety Committee : The committee met in December to discuss the future of the committee , in which they decided to keep the committee going . Goals for the next year were drafted . Training and Development: Lisa Carrier-Titti and I met with Susan Greener, TC3 , to arrange for a Microsoft Office skills assessment questionnaire . The questionnaire will be sent to the staff via email with a link to the questionnaire . TC3 will create the survey and provide us with the results . This assessment will allow us determine where training needs are and on what programs . The questionnaire will be coming out the 2�d week of December, and is to be completed by December 21 , 2006 . ( UPDATE : 70 % of the employees responded to the survey. There were over 49 responses from the survey with it being sent to 70 employees . We will receive the report from the survey in January. ) Fred Noteboom and I met with Susan Greener, TC3 , to discuss future training needs for the Public Works staff. The desire is to continue with the leadership training for all staff. As a preliminary we have a program being designed for March . Personnel - Civil Service : Paul Tunison and I interviewed candidates from the Account Clerk Typist list to fill the recently vacated position . The position has been offered and accepted by Debra Kane . Debbie started with Bolton Point on December 5th . She is in the process of being trained on the phone system and computer programs . Finance Manager ( Bolton Point) has been filed with County Civil Service . The employment ads ran December 23rd and 24th, with applications due by January 12 , 2007 . R 1 i Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : Worked with Ithaca Agency in processing the Town ' s renewal for January 1St. I also worked with Ithaca Agency on the renewal for Bolton Point' s insurance . Workers ' Compensation ( Public Employers Risk Management Assoc — PERMA) : There were no new claims filed this month . The Town was required by Cornell to add the workstudy students to our workers ' compensation . This has been completed , and the additional premiums for that for the 2006-2007 year were only $ 169 . Disability Insurance : There are currently no employees out on disability . Unemployment Insurance : Currently there is one unemployment claim . Submitted By: Judith C . Drake , PHR Human Resources Manager AdllhL TOWN OF ITHACA Safety Committee December 1 , 2006, 8 : 00 a .m. Public Works Facility Present: Fred Noteboom, Judy Drake, Jon Munson, and Dave Boyes Guest: Joe Hulbert Start: 8 :05 a.m. The October 6, 2006, meeting minutes were approved . The Committee discussed that the Public Works Department is currently setting up a 10-hour Competent Person training. Each person, after completion of the training, will have a certification for this type of training. Incidents and Accidents There was an incident since the last meeting. Vehicle #28 (the van) was involved in an accident going up Warren Road hill . A car slid into the van. This will be fixed, and the car owner' s insurance will cover this . There were no injuries . Meeting Date for 2007 The Committee decided to keep the same dates as in 2006 . Gail Kroll will distribute a list of the dates . Safety Checklists — Public Works Facility Walk Through On October 27, 2006, Kristin Taylor and Joe Hulbert completed a safety inspection of the Public Works Facility . There are some issues that need to be addressed . The Committee also discussed how, when', and who will address the issues . They decided that after the walk through is complete, a list of the things that need to be addressed be put on it. A meeting with the employees will be conducted to let all employees know what is going on within the building. The Highway Superintendent will decide who takes care of the issues . The Committee feels that the safety inspection should take place in June and December each year . Because it is a long list (took over two hours), the Committee thought that the sections of the building could broken up and assigned to different people (always having at least two people_ in a section), i . e . : 2 guys work on the office/ garage and 2 guys do the woodshop and outbuildings . The Committee discussed that the lighting in the garage area is getting dimmer. This is something that needs to be looked at. The lighting at Town Hall is also an issue that needs to be addressed . Fred said that he would be interested in moving to having PPE signed out and not get anything unless the old, worn out stuff is brought back. . 2007 Priorities The Safety Committee decided that the following should be goals and priorities in 2007. ¢ Review Safety Manual . + Review Inspection Check List Program. + Set up Safety Incentive Program. + Set up Tailgate Safety Training Program. The meeting was adjourned at 9 :30 a.m. ghk ,m- ` i IN r - ^` c lea" tie tdt 'VI6W Favorites Tools Hip i ^ ° � ^ _ a & s r,!�� , Al . I: u. z 3 'g' N r t., L vT iJ �.- / � C4m _ r'. 1 F I ,@ '� 55 II v c .. . qs gg ri ; � "�" - s / sn N a fr „ - overnmerrt Services Information Comm 11 L y Contac# If Network/ Record Specialist Report January 8 , 2007 Website • New Page : 2007 Final Budget • Site of the Month page : Cayuga Lake Watershed Network Network • MS Office 2003 upgrade for Town Hall computers has begun . • New firewall appliance installed at Town Hall & Public Works . • New wireless access points (WAP) installed in Town Board room , Tioga and Aurora conference rooms and Employee lounge in Town Hall . More details about how to use this new technology in next month ' s report or contact Lisa with specific questions . Additional : Chief Justice Judith Kaye of The State of New York Unified Court System release a report last November called "Action Plan for the Justice Courts" . The Action Plan announces dozens of new initiatives and programs falling across four broad areas : court operations and administration - auditin and financial control ; education and training ; and facility security and public protection . The most significant change as it relates to Information Technology is that all Justice Courts will be integrated into the Office of Court Administration ' s ( OCA) Division of Technology service system . OCA will equ and support , at State expense , the following technologies : Desktop computers , printers , internet connectivity , credit card machine and dedicated connection , fax machine , all desktop software and digital recording devices . The report also stated that OCA will assume all central responsibility for supporting software and hardware . Essentially , the Town ' s Network/Record Specialist will no longer provide technology support for the Town Court and their technology budget will no longer be the responsibility of the Town of Ithaca . Please contact Justice Klein for more specific information as it relates to other areas of this report .