HomeMy WebLinkAboutTB Minutes 2007-03-121
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Regular Meeting of the Ithaca Town Board
Monday, March 12, 2007 at 5:30 p.m.
215 North Tioga Street, Ithaca, NY 14850
Call to Order
Pledge of Allegiance
Repo�t of Tompkins County Legislature — Tim Joseph
Report of City of Ithaca Common Council
Report of Fire Commission
6:00 p.m. Persons to be Heard and Board Comments
7. Consider resolution to hire T.G. Miller, P.C. to evaluate stormwater impacts of
proposed Briarwood subdivision
8. Consider referral to Public Works Committee of Town Board's rec�uest for
recommendations to address drainage issues in the Northeast are�a of the
Town
9. Discussion of recent zoning history in Northeast area of Town
10. Persons to be heard regarding Briarwood II development and concerns about
stormwater drainage
11. 7:00 p.m. — Public Hearing regarding proposed local law amending Chapter
270 of the Town of Ithaca Code, titled "Zoning", regarding the use of Planning
Board Alternate Members
12. Consider adoption of local law amending Chapter 270 of the Town of Ithaca
Coded, titled "Zoning", regarding the use of Planning Board ,4lternate
Members
13. Consideration of a request to rezone 158.63+/- acres from Agriculirural and
Medium Density Residential to a Planned Development Zone in coinjunction
with a proposal referred to as "Carrowmoor"
1,4. Resolution to Approve Substitute Members of the Joint Study Grou�p formed
to Investigate possible Shared Services and possible Consolidation between
the City of Ithaca and the Town of Ithaca
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Consider Approval of bids to purchase medium duty dump truck
Consider formalizing name of Birchwood Drive
SEQR — Road Exchange Agreement with Tompkins County
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Consider Road Exchange Agreement with Tompkins County
Consider Appointment of Local Advisory Board of Assessment Review
Discussion of possible attendance at Walkable Communities Conference
21. Consider resolution opposing proposed federal and state legislation that
would eliminate authority for local governments to collect franchise fees
22. Consider proposed City, County, and Town resolution on the need for
unemployment insurance reform
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Consider authorization to extend contract agreement with Nicole Tedesco to
provide consulting services regarding completion of the Transportation Plan
24. Consent Agenda
a. Town of Ithaca Minutes
b. Town of Ithaca Abstract
c. Bolton Point Abstract
d. Approval of Records Disposition
e. Spring brush pick up
f. Funding for Town newsletter
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List
insert concerning inventorying Town
scenic resources
g. Provisional appointment of SCLIWC Finance Manager
Closed meeting to seek legal advice from Attorney for the Town of Ithaca
26. Discussion of contract with Finger Lakes Land Trust to consider preservation
of open space
27. Report of Town Committees
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b
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d
e
f.
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Agricultural Committee
Agricultural Land Preservation Committee
Capital Projects and Fiscal Planning Committee �
Codes and Ordinances Committee
Comprehensive Plan Review Committee
Ethics Board
Personnel Committee
Public Works Committee
Recreation and Human Services Committee
Safety Committee
Transportation Committee
28. Intermunicipal Organizations
a. Cayuga Lake Watershed Intermunicipal Organization
b. City/Town Shared Services Committee
c. City/Town Trail Committee
d. Joint Youth Commission
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e. Lake Source D'ata Sharing
f. Pegasys Oversight Committee
g. Recreation Partnership
h. Southern Cayuga Lake Intermunicipal Water Commission
i. Special Joint Committee (Sewer)
29. Report of Town Officials
a. Town Clerk
b. Highway Superintendent
c. Director of Engineering
d. Director of Planning
e. Budget Officer
f. Manager of Human Resources
g. Network/Records Specialist
h. Recreation and Youth Coordinator
i. Attorney for the Town
j. Receiver of Taxes
30. Review of Correspondence
a. 3/1/07 letter from NYS DOT re Request for lower speed limit on
Coddington Rd.
b. 2/22/07 letter from City of Ithaca re a proposal to modify temp��rary off-
leash dog area
c. 2/14/07 letter from B. Vanhorn re beer and wine license for snack bar
at RTJ golf course
31. Consider Adjournment
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March 12, 2007 Town Board Meeting
Approved Apri19, 2007
REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, MARCH 12, 2007 AT 5:30 P.M.
215 NORTH TIOGA STREET, ITHACA, NY
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 Supe�rintendent;
Daniel Walker, Director of Engineering; Judy Drake, Human Resources Manager; John
Kanter, Director of Planning; AI Carvill, Budget Officer; Susan Brock, Attorney for the Town
OTHERS PRESENT: Bob Romanowski, Fire Commission; Tim Joseph, Tompk:ins County
Legislature; Janet and Brian How, 109 Birchwood Drive; Gary and Fran Bergstrom, 113
Birchwood Drive; Greg Ezra, 110 Birchwood Drive; Jane Marie, Hannah, and S�m Law, 16
Muriel Street; Jeremy Schwed, 12 Perry Lane; Kamal Naeem, 310 Salem Drive; T��dd Walter,
550 Buck Road; Ronald and Margaret Ross, 213 Tareyton Drive; Kristin L_iBritz, 222
Sapsucker Woods Road; William Dwyer, 222 Sapsucker Woods Road; Eva Hoffmann, 4
Sugarbush Lane, David Kay 205 Hook Place; Steven Bauman, 214 Park F'lace; John
Rancich, Carrowmoor; Dave Auble, 111 West King Road; David Tyler, attorney, f3riarwood II
subdivision; Erik Whitney, PE, Briarwood II subdivision; Nancy Istock, Worker's C.enter; Pete
Meyers, Worker's Center; Patricia Page, Briarwood II subdivision, Adrian Williams, Save
Sapsucker Woods; Niels Ofani, Save Sapsucker Woods; Janet Wagner, Save Sapsucker
Woods, Carl Feuer, UAW 2300; Dex White, Save Sapsucker Woods; Brand Simmons;
William Meyer; Neil Oolie; Angela and Jacqui Kohman, 1145 Warren Road; L.orie White,
Save Sapsucker Woods; Ronald and Helen Shewchuk; 112 Winston Drive; Brent Katzmann,
1335 Road; John Bokaer-Smith, 114 Rachel Carson Way; Karl Fitzke, 202 Rar,hel Carson
Way; Glenna W. Margaris, 199 Tareyton Drive; Constance Thomas, 128 Muriel Si:reet
CALL TO ORDER
Supervisor Valentino called the meeting to order at 5:30 p.m. and led the assemblage in the
Pledge of Allegiance.
Aqenda item No. 3— Report of Tompkins Countv Leqislature
Tim Joseph appeared on behalf of the County Legislature and reported that they have begun
looking at possible locations for the Health Department Building and invited input from the
Town. They were exploring locations next to the existing building, downtown, and towards
Lansing.
Mr. Joseph reported that people from the County had met with Cornell and t,�lked about
housing. He told the Board that Courtside is closing. Cornell owns that land and is
considering creating a village center. The County may form a study group to look into that.
Agenda Item No. 4— Report from Common Council
There was no one present to report on behalf of Common Council.
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March l2, 2007 Town Board Meeting
Approved Apri! 9, 2007
Aqenda Item fVo. 5— Report of Fire Commission (Attachment #1 — written report)
Mr. Romanowski appeared on behalf of the Fire Commission and read his monthly report to
the Board.
Aqenda Item No. 6- Persons to be Heard
Ms. Valentino asked members of the public present to address the Board on issues other
than drainage in the Northeast to come forward.
Carl Feuer, City of Ithaca resident
1 am here tonight representing two organizations, both of which include many residents and
other people from involved with the Town of Ithaca. One is the Tompkins County Worker's
Center and the other is UAW Local 2300.
1'll be brief. We're here in support of a resolution that you will consider later on
unemployment insurance reform. From the point of view of the Worker's Center, over the
years, we have had many, many individuals come to us requiring assistance with respect to
problems they have had getting unemployment or getting heard through the unemployment
insurance system so the workers sent to us have some firsthand knowledge of some of the
inadequacies of the system. In terms of UAW Local 2300, which represents workers,
primarily at Cornell University, dining workers in particular at �ornell, who get laid off
sometimes for as much as 4 months out of the year, are ineligible to apply even, for
unemployment insurance because of a provision in the law that prevents employees, hourly
employed employees of educational institutions, hourly paid employees of educational
institutions are not allowed to apply for unemployment insurance so we have the anomaly
and the unfairness fhat food service workers at Ithaca College, who are not emp�oyed by
Ithaca College but are technically employed by a private contractor, get laid of in the winter
and the summer, they do apply for unemployment benefits and they do get unemployment
benefits if they qualify, hour workers at Cornell who do the same exact jobs in the same
exact situation but because they are directly employed by Cornell, an educational institution,
are ineligible from applying.
So with many issues related to unemployment reform. Of course the benefit levels
have been kept the same for 12 years, New York State ranks 48t" out of the 50 states in
terms of the amount of unemployment insurance, the maximum that people can get relative
to the average wage in the state and there are a number of other issues as well. So, thank
you very much.
Nancv Istock, Town of Ithaca, iVlember of the Worker's Riqhts Center
But I am also a volunteer with the VITA Program, the Volunteer Income Tax Assistance
Program at Alternatives Credit Union so there, already, we've done this year, nearly 400 tax
returns for middle and low income people in Tompkins County. So, I see first hand what
many folks in this area earn in the way of wages which is not the unemployment issue but it
becomes part of it. Because of the livable wage studies, which I am sure you also are aware
of, that the Alternatives Credit Union has been a part of in the recent years, I know what an
individual or a family needs in order to have a living wage in Tompkins Caunty, so any period
of unemployment for those people can be devastating. I encourage each of you to at least
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March 12, 2007 Town Board Meeting
Approved Apri[ 9, 2007
- read fhe Executive Summary section of the document on unemployment insurance that has
been developed by the National Employment Law Project and ihere is a link to this report that
can be obtained from the Worker's Center via e-mail, so all you have to do is ask for that.
The title of that report, "Down but not out, reviving the promise of unemployment insurance in
New York."
1 just picked 5 points of interest; First of all, unemployment insurance, as it ,c�ointed ouf,
boosts the economy of the entire community as well as helping the unemployed worker.
Secondly, unemployment insurance replaces only about 28% of the averasie worker's
paycheck so it is not as if they are really helping people out that much. Only a�out 49% of
workers are eligible for unemployment insurance. There's been no benefit chan,ge over the
past six years. Now Carl said 12 and 1 am not sure which is right there. �rhe current
maximum benefit should be increased from $405 per week to $500 per week. T�haYs what's
being requested by this organization. So 1 ask you to please add your support and
encouragemenf to this effort by passing the resolution to reform the unemployment sysfem.
Thank you very much.
Pete Meyers, Worker's Center
1 just want to tell two stories that kind of underline the importance of reform in this; area. One
is a member of our steering committee, also happens to work in the cafeteria ai` TC3, so 9-
months out of the year, she is actually able to collect unemployment because it's a private
contractor at the cafeteria at TC3 but she makes $8 an hour and during those times when
she's unemployed, she gets $4 and hour for those times off and its obviously n�t adequate
for this person to live on.
The other story is somebody we work wifh for approximately 10 hours helping � person, an
immigrant, access unemployment benefits, she was being appealed by a local educational
institution so it was basically this woman seeking support from the Worker's Center standing
up against the education, the Superintendent of the school system along side a corporate
aftorney from Ohio and three people from HR and basically, the deck is often stac:ked against
people when they enter into unemployment hearings and this reform that we are urging would
also help people in those kinds of situations deal more effectively.
So there's a lot of change that needs to take place with unemployment NY and NY, Ithaca,
Tompkins County's, actually taking the lead, New York City and Buffalo are lookirig at doing
resolutions based on the fact that these resolutions are hopefully passing here. Two of three
have already passed, we are counfing on you guys tonight. Thanks
William Meyer, City of ithaca
So, 1 am speaking here to inform you unequivocally that the attacks of 911 we►e staged by
elements within our Federal Government. So how's this concern the Town...because we are
all American citizens. We are all going to have to dea! with these issues, we are dealing with
these issues. Everything comes out of 911. It's important to get the conversatior� out. So, let
me continue.
If you are getting your information through the mainstream media here in the US and you are
probably unfamiliar with the specifics of why I make the above statement. In the handout 1
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
have given you there is a chart that explains that essentially 5 corporations control what we
see and hear from TV radio, newsprint, movies, magazines, most of what we are exposed to.
1 am here to tell you something different. Tonight l will only deal with one concise theme.
One and a half blocks from the twin towers, a 47-story office building collapsed at free-fall
speed into its own footprint. This was a very large building, 47 stories, the only way in history
we have any knowledge, and this is in both of the government sponsored reports it says this,
"we have any knowledge of a building collapsing in such a fashion is through pre-planted,
carefully placed explosive charges, these are called controlled demolition." It's the only way
we know of a building falling down this way. So, assuming that this could not be done on
September 11t", the explosive had to be planted some time in advance. So I have given you
a handout, there are 3 video clips in the handouts and it only takes, if you have a high-speed
connection, you go to Google video, you can launch the clips and you can decide whatever
you want. You can think about it a little bit and the three questions, 1 have a few questions
here. So who owned this building, (inaudible) this building, this building #7, Who were the
tenants of building 7 and What is the official cause of collapse of building 7. And that's it, 1
know you have to get on with your night, so 1've left the handout and I've put this out and I
really thank you.
Lee Oly, City of Ithaca
Do you solemnly swear or affirm that you will support the Constitution of the United States.
That is the beginning of the City's Oath of Office. 1 imagine you folks swore something similar
when you fook your oath. But 1 will dispense with the philosophy. 1'm told you guys are a
dollar and cents bunch, defenders of the public trust. More than 3, 000 people have lost their
lives, US soldiers, over in Iraq. God knows how many civilians, god knows how many US
citizens are wounded and disabled coming back to god knows what. Dollars and cents,
$4071/2 trillion dollars. Think of that when you are discussing sewer budgets and Town
budgets and things like that. Thirty-six and a half billion coming from New York State, 159.7
million from Tompkins County and $27+ million from the City. What could the City's, Towns
do wifh that kind of money. Every child born today will have to pay more than $36,000 to pay
off the debt that's been accumulated in all of this. 1 know you all care about all these things.
We have an election coming up in a year and eight months where hopefully we will be able to
elect a new government, if we're allowed to vote. On March 17th Tompkins County marches
for peace. People will be meeting in different neighborhoods and locations and marching
down to the Commons. The rally on the Commons should start about 3:00. If you go to
www.ithathacapeace vigil. org you can find out more about it or you can call Margot Alexander
at 387-5080.
Our country has lost a lot. Our whole society has changed. Since 1960, our philosophy and
the meanings of the language words that we use, conservative, liberal, progressive...those
have all changed, in 1960 there was a republican president leaving office that warned us to
beware of the military-industrial complex and it was a democratic president who began
dismantling of the social safety net systems. 1 hope you all think of that in this primary
season, which has begun a little bit early and think of it when you go to vote. Thank you.
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
Board Comments
Supervisor Valentino reported that she had visited Ithaca High School to see the S�ARA Grant
funded municipal budget exercise in the classroom. She thought the exercise vvas a great
success and commended Ms. Hunter for her work on the project.
Aqenda Item No. 7— Consider the resolution to hire T.G. Miller to evaluate the
stormwater impacts of the proposed Briarwood Subdivision (Attachment #2 —
proposed aqreement for professional services and letter from David Herrick),
The Board agreed to hold off voting on the proposed resolution until having heard from
members of the public present to address the Board regarding this issue.
Ms. Valentino brought the Board's attention to the materials sent them in their pa�ckets. She
had spoken with Attorney Brock and other Board members about the concerns regarding
stormwater management and evaluating the stormwater management proposal put forward
from the Briarwood developers. Ms. Valentino thought it might be important for i;he Town to
have an outside consultant review the developer's proposal and give the Board their
recommendations, concerns, or approval. The proposal in front of the Board is to spend
approximately $4,000 to hire T.G. Miller to do this evaluation. Ms. Valentinc� asked for
comments from the Board.
Mr. Stein thought
what happens and
of the people whc
public comments.
his ,was a very important decision that may have considerabl�e effects on
he thought the Board wanted to be sure they are addressing the concerns
are raising the issues. He thought discussion should be hE�ld after the
Aqenda Item No. 8- Consider referral to Public Works Committee of Town Board's
request for recommendations to address drainacte issues in the Northeast area of the
Town (Attachment #4 — letter from 1lVilliam Sonnenstahl; "Zoninq anii Planning
Backqround/Context — Northeast Area/Briarwood II Site)
Supervisor Valentino told the Board that this issue has been on the Town's li��t for a long
time. The Town needs to have a good plan in place and it should be put in a priority mode.
Mr. Stein asked that the words "capital improvemenY' be removed from the second "whereas"
and the "resolved"
TB RESOLUTION NO. 2007-048: Referral of recommendations foi' drainaqe
improvements in the Northeast Ithaca Area to the Town Public Works Committee
WHEREAS, the Town of Ithaca Public Works and Engineering staff have been cieveloping a
watershed plan to address the many drainage problems in the Northeast Ithaca P,rea, and
WHEREAS, the Town Board wishes to address the problems with the devel�opment and
implementation of a plan, now therefore be it
RESOLVED, that the Town Board directs the Public Works Committee to place a high priority
on the development of a plan to address drainage issues in the Northeast Area.
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MOVED:
SECONDED
March 12, 2007 Town Board Meeting
Approved Apri! 9, 2007
Supervisor Valentino
Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman
Leary, aye. Motion carried.
Ms. Valentino thought it was important for the Board to understand the zoning in the
northeast and brought their attention to the materials provided by Mr. Kanter in the Town
Board packet. Copies of the materials were made available to the public and Mr. Kanter
reviewed them with the Board as follows:
We wanted to give some background and context for the whole northeast area zoning and
planning thaYs gone on there over the years so we put this background summary together
and 1'll just go through it kind of briefly and then if anyone has any questions we can certainly
entertain those.
The current zoning is (turn tape) it's been basically that way for many many years. The
former zoning was called R15 residence and the minimum lot size then and is now 15,000
square foot minimum lot size which is roughly a third of an acre. Really the only exceptions
in the whole northeast area to that are a few areas including the Sapsucker Woods Bird
Sancfuary which was rezone in 2004 to our new Conservation Zone, several apartment
developments which are zoned multiple residence, and a strip of several lots along
Sapsucker Woods Roads which were zone to a specia/ land use disfrict or now we call it a
planned development zone a number of years ago. We.also kind of took another look at how
much vacant land in the northeast area there is and so we outlined that. Basically there are
very very few parcels in the northeast that are undeveloped remaining. Obviously again the
Sapsucker Woods Bird Sanctuary is one of those which is north of the Briarwood site. The
Briarwood 11 parcel itself which is about 47.5 acres zoned medium density residential. And
two parcels of Cornell owned land adjacent to each other just west of the Sapsucker Woods
Sanctuary which totals about, just over 35 acres or so and that's also zoned medium density.
In terms of the Comprehensive Plan for that area, 1993 Town of Ithaca Comprehensive Plan
shows basically Briarwood and much of the surrounding area as suburban residential with
some areas of conservation, open space in certain areas. The conservation open space
areas basically are shown over the Sapsucker Woods Sanctuary and fhe Briarwood 11
wetland area which is the southern portion of the Briarwood ll site and a little bit of the
northern Briarwood ll site.
1 thought it was interesting to go back and look at what the Comprehensive Plan actually said
about this area because there are some descriptions in the section of the plan titled
Anticipated Land Use Patterns on East Hill, and so there are several pages in the
Comprehensive Plan that talk about conservation open space being shown specifically for the
wetland in Sapsucker Woods and the Briarwood wetland. And then it also was interesting to
me to see the wording about what conservation open space designation meant in the Plan. It
basically states that conservation open space areas indicate "natural areas that should be
protected from inappropriate development. They may contain wetlands, which is the case
here, steep slopes, mature woodlands or other natural features. Portions of some areas
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March 12, 2007 Town Board Meeting
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shown as conservation open space may be suitable for development
evaluation will be necessary to determine suitability for development."
Individual site
Then we took another look at the Park, Recreation and Open Space Plan and as we're going
through all this tonight 1'll just mention that this is basically the same outline of subject areas
in these topics that the Planning Board also went through when they were doing their
Briarwood ll evaluation. The Town of Ithaca Park, Recreation and Open Space P�an adopfed
in 1997 shows certain areas recommended for conservation zoning. And it shows a number
of areas in that designation for environmentally sensitive or significant natural a►eas around
the Town including in this area the Sapsucker Woods Sanctuary and again the Briarwoods
wetland area specifically. 1 just wanted to also note that, as 1 mentioned before, the
Sapsucker Woods Sanctuary was rezoned to Conservation Zone in 2004 as part of the
comprehensive revision of the Town of Ithaca Zoning Ordinance. The Briarwc�od wetland
was considered by the Codes and Ordinances Committee and the Town Board at that time
as a small isolated area worthy of protection but decided not to pursue a spot designation of
a Conservation Zone on the Briarwood wetland specifically because it was felt tl�af the local
development review process which is actually what has happened through the Planning
Board's review of the subdivision would be a more appropriate mechanism to protect the
wetland specifically in that area.
Getting into the whole subject of the unique natural areas and that is a� somewhat
complicated issue because, first 1'll say unique natural areas are designations given by the
Tompkins County Environmental Management Council, and in 1999 �he County
Environmental Management Council updated the unique natural areas inventory and
basically ended up showing a large stretch of land running from the Sapsucker Woods
Sanctuary through basically most of the Briarwood 11 site as being in the Sapsucker Woods
�Sanctuary unique natural area, or UNA 106. That was considered by fhe Planning Board
when they reviewed the Briarwood ll proposal and there actually is quite a bit af discussion
that we excerpted from the Planning Board meetings of both June 20th 2006 and July 18
2006 where there was quite a bit of discussion on the unique natural area, a review of some
material thaf the developers consultants put together for evaluating the natur��l area, so 1
don't wanf to get into all the details of that. We have about 5 or 6 pages exerpted from those
minutes which we can talk about more if you like, but 1 wanted to move on ahead to a couple
of other things here. Again, when the Planning Board was looking at the unique natural area
and all these other classifications from the Park and Open Space Pl��n and the
Comprehensive Plan, they obviously looked very closely at the important natural parts of the
site, at the wetlands, at the adjacencies to the Sapsucker Woods Sanctuary a�nd basically
thaYs what ended up in half of the undeveloped land of the Briarwood 11 proper�y. Basically
25 acres out of the 47.5 acre site being proposed to be donated to the Cornell U►�iversity Lab
of Ornithology for permanent preservation basically as an addition to the Sapsucker Woods
Bird Sanctuary.
1 also wanted to mention a couple other things that 1 didn't actually include in the outline, but 1
thought might be relevant here. One of which is that the Town of Ithaca Conservation Board
did review the Briarwood 11 proposal when it was before the Planning E�oard. The
Conservation Board conducted a site visit in February of 2006 and then follow�d up with a
memo to the Planning Board in which the Conservation Board indicate�d that they
commended the donation of the 25 acres to the Cornell Lab of Ornithology. They did express
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March 12, 2007 Town Board Meeting
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some concerns regarding the proximity of several lots near the wetlands and because of that
suggested a no disturb buffer on those particular lots. That is something that the Planning
Board can and should look at as it gets into its final reviews.
Also, I just wanted to mention that since Tompkins county is the designator of the unique
natural areas they a/so play a role in terms of providing advisory comment and
recommendations to the Planning Board when the Planning Board reviews subdivisions like
this. The County did have two letters that they sent to the Town of Ithaca Planning Board
and commented mainly about the stormwater which, again, we'll be talking about in a few
more minutes. If you remember the first version of the Briarwood ll stormwater plan utilized
the wetland area for storage of stormwater. The County sent a letter first dated April 14rn
2006 in which the County indicated that the plan should be modified to identify another
stormwater management solution that does not make use of the wetland area. Based on that
and a number of orher concerns indicated, the applicant did go back and start to revise that
stormwater plan. They submitted a modified plan to the County and the County sent a follow
up lefter dated June 20, 2006 after that revised stormwater management plan was sent to the
County and reviewed by the County. Basically the County in that revised letter stated that the
revised proposal has not negative intercommunity or countywide impacts and indicated that
relocating the stormwater retention basins outside of the wetland boundaries is a positive
improvement to the stormwater plans.
Thaf's just a brief overview and history and background of whaYs been going on with that
particular proposal and the northeast area in general. 1'd be glad to answer any question if
you have any.
Mr. Stein asked whether it was true that the last change of storing the water in the wetlands
was not in response to the County it was in response to New York State Department of
Environmental Conservation. Mr. Kanter told him he thought it was both.
Mr. Engman stated he wanted to add information regarding the unique natural areas. He
noticed in the materials provided concerning the Planning Board discussions there seemed to
be some attempt to say that the unique natural area designation was done an incorrect way
or accidentally. Having been a 27-year member of the Environmental Management Council
he assured the Board that the unique natural area designations were done in a very scientific
and very carefully controlled manner and that undergoes a great deal of review. Mr. Engman
read from the unique natural area 106 descriptions as follows: "birding site, quality example
of plant community, diverse fauna, State designated wetland, important teaching site,
designated natural area preserve, rare or scarce animals, scenic aesthetic value, and
recreational value". It goes on to say regarding the evidence of disturbances and threats to
site that: "The main threat to the site is from its increasing isolation due to adjacent
development. This isolation threatens to decrease the number of bird species using this
area". Regarding special conservation management needs it say: "This site does not have
an adequate protective buffer". Mr. Engman thought back in 1999 it was well known what the
issues were and the information should have been readily available to use in any decision
regarding further development of the site.
Ms. Valentino asked for other questions from the Board. There were none.
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March 12, 2007 Town Board Meeting
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Ms. Valentino invited those present regarding this issue to address the Board. There was
discussion with a member of the audience regarding the time allotted for present,�tions from
_ the public and for public comments. Mr. Engman suggested that they hear a 30-35 minute
presentation and if there are items that haven't been covered it would be fine to extend it if
there is new information. The Board agreed with the suggestion.
Ms. Valentino told the public that they needed to understand that the Town Board':s obligation
and role in this development is with the infrastructure, with the stormwater m��nagement,
water and sewer, and the road. The rest of the subdivision concerns should be acidressed to
the Planning Board because that is their responsibility. The Town Board does not have a role
in those issues.
Adrian William, 108 Sapsucker Woods Road
1 would like to thank the Town Board for giving us the opportunity to speak tonight and voice
our concerns. We'd like to begin by delivering a petition we've been gatherincy with 1589
signafures on it. Although the petition is addressed to the Planning Board we arE� presenting
a copy to you tonight to convey the communify's widespread opposition to this dEavelopment.
I would like to read quickly the text of the pefition, it had three main points: "9) The
developers proposal employs a complex untested stormwater retention desic�n and the
Planning Board ought not to have approved it until they adequately reviewed t�he negative
effects of previous developments on drainage in the area. These negative consequences,
especially for residents to the west of the development are profound and ongoing. 2) The
environmental assessment that passed on June 20, 2006 failed to acknowledge the
extensive loss of woods and wetlands this development entails. The woods that are slated to
be destroyed are a part of Sapsucker Woods though not part of the Lab of Ornithology's Bird
Sanctuary and are designated a unique natural area by the County. The Plar�ning Board
should recognize the land is of special significance. 3) As a manner of procedure, the Town
Planning Board has taken too many of the developer's claims on faith and has nc�t exercised
its duty regarding proper oversight and review of the proposal." The community',s discontent
with Briarwood 11 is support by various serious fangible objections to this development's
proprrety. We'd like to begin tonight by discussing these objections by hearing from Dr. Todd
Walter a hydrologic engineer who has agreed to present his finding about E3riarwood 11
sformwater plans.
Todd Walter
We've been studying the watershed directly north of this. 1 was actually just inv6ted into this
group 1 think Thursday or Friday they asked if 1 would be willing to talk and just �because we
have been sfudying the watershed directly north of this 1 can at least say what 1 know abouf
that watershed and then perhaps we can extrapolate from there. (Mr. Todd had �� laptop with
pictures). There's the watershed and I think that the problem that (inaudible) ancl 1 only have
had a preliminary look at the plans and the engineers did do a good job of calculating their
flow risks and things like that. ! was actually presently surprised. But one of tl�e problems
that this whole area has is that the water table is right at the surface and so� here's that
watershed in the dark blue areas are areas where the water is at the surface. 1 vvant to bring
to your attention that this the summertime when it should be the driest possible. f�lere are two
storms, and they weren't necessarily big storms, they're much lower than what th�e engineers
are planning for. In fact the largesf storm we saw in the two year period we were there is
about 1/10 of what they are designing for. I could talk about the water being right at the
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March 12, 2007 Town Board Meeting
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surface but I think it is more useful maybe to see what the water should look like during this
time. This is sort of what they are planning on, these dry detention basins. The water will just
go off and you can store it in there and let it out through a small pipe so it doesn't flood
anything. But let me show you what it looks like. This is again 1/10 of the design storm,
rivers just raging there and I'm going to show you some pictures here of the water table
coming up higher and higher in the stream. Again this one here is actually in the spring so
it's not a summer event. It's just north of the development. This is just a regular annual
storm and the ditches are already overflowing and we're not in a terribly highly developed
area. Here you can see that the ditches are actually now spilling out over the road right here
so that's kind of an issue. And this is kind of an interesting picture here. In the background
there you can see the river and you see that's saturated all up the hillside. That's not the
river coming out and fiooding the land, that's the land water has just risen to the surface and
is feeding into the stream. And it's doing that everywhere throughout the watershed. Here's
sort of at the end of one of these storms. The whole place is just completely saturafed. So if
you're going to make a detention basin, you're going to put a hole in the ground and the
ground is full of water, you don't...this is just above the Convenient Care area. IYs interesting
there's a detention basin between Sapsucker Woods protecting the developed area from just
natural runoff. So this place has a really really high propensity to generate runoff. I think you
could put detention basins in there but you're talking about draining the whole area to get the
water table down low enough to have dry detention basins. That's enough form me.
Patricia Page
Tonight I am going to be wearing two hats in what I have to discuss. First of all as a home
owner in the area along Muriel Street which is below the Briarwood ll proposed development
and also as a registered landscape architect in the State of New York.
First of all, as a homeowner, we bought our property in 1993 and we have had standing water
in our yard since we bought the house. At one point we had 6 inches of water in our
basement and continual seepage of water into the basement. We have a sump pump but it
cannot keep up with the high water table and the surface water. We bought the property
because it had a beautiful little woods in the back and one day we noticed that the woods
were very wet and in fact some of the trees were dying. So 1 went back fo investigate and
discovered that the entire storm drainage system of that whole neighborhood there had
failed. And what happened was our neighbar to the rear of us, because water from our
property and others was going on to his property, he damned up the water and that meant
that water came from my property and surrounding properties into our woods which were a
low point and we now have standing water with a bunch of dead trees in if. I just wonder
about someone who comes along to look at my property. Are they going to be thinking
mosquitoes and West Nile disease? 1 assumed that this was way beyond what we could
handie, what we cou�d fix. � cailed Dan Walker and 1 appreciate, you know, he came out. He
did indicate that, yes, there are severe drainage problems, said he would be working to come
up with a solution. Like 1 say that was a. few years ago. I've called a few times as a follow-up
to find out what was being done and I haven't heard anything since. So thaYs my
homeowner story.
As a site design professional I have to talk and I have a statement that I will pass on to you
tomorrow after 1 make copies. So 1 have more to say but in the interest of making this quick
I'm going to just kind of skip through it quickly. But I do have to comment on the SEQR
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March 12, 2007 Town Board Meeting
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process and 1 apologize buf for my firm 1 am the person who oversees SEQR coordination
and 1've been doing that for years. So 1 am familiar wifh the process and 1'vE� done the
�� process many times. 1 didn't get into this until after the SEQR process was over. As with
many of our neighbors we really were not aware that this was happening and once 1 looked
into it 1 was somewhat shocked. This book is an environmental impact statemer►t that was
done for a project 1 worked on for a school district. They had 5 schools that were having
additions. No new development and now wetlands were involved in the project. That was
considered thorough environmental review. 1 asked for information from the Town on what
the developer provided and the SEQR process. This is what 1 saw. This is pa�t of the full
environmental assessment form. This is a fairly important page. It talks about the projecf
description. And this is what 1 saw. To tell you the trufh I was rather shocked. Als�o the traffic
study, most of it was done by hand. Again, very difficult to read, very difficu/t to follow. 1 just
don't know how you could do a thorough environmental review based on that documentation.
Moving on. 1 have been looking af the preliminary plan and apparently there have been
changes to the stormwater drainage system. 1 called later this week asking if there was a
final plan, 1 guessed the question 1 should have asked was if there was a new p/an because 1
was told, "no'; there's no final plan. So 1 didn't really have a currently plan apparently to look
at. 1 did find this that apparently was a presentation that has maybe some information on
what the final plan looks like. Buf 1 will have to then kind of couch my remarks and p/ease
keep in mind that my remarks are based on the preliminary plan:
As 1 understand it there is the new plan, but regardless 1'd like to talk about the fact that what
;+, / saw does not really conform with what we would consider good standard practices of
� subdivision design. And 1 would like to just use this as an example. This is jusf one portion
of the development. This shows a utility easement running from one portion of fihe property
hooking up into the Town's system. 1 don't know because it was very difficult i�o tell in the
. preliminary plan if this is a new line or an existing line. Regardless what is shown here is
very poor planning practices because as you can see this runs diagonally across a road.
Typically a developer as 1 would be in my designs is required to take major utilitiE�s along the
street and the street right of way. The reason for this is if there is a problem with the utility
and it needs to be fixed as we have seen a lot of lately, the Town does not have to go on to
private property to fix it. The other thing that is a little stunning about this is that there are at
/east 3 lots where the houses will be butting right up against the easement. In other words,
those people would not be allowed to build a deck, to expand their house, and their driveway
and trees would potentially have to be built on top of that easement. My question is why
would the Town even consider taking on the maintenance and management of a system like
that, where they have to actually go on to private lots through other private lots with heavy
equipment potentially to fix the kinds of problems we've been seeing lately. As 1 say this is a
situation where we are saving the developer a lot of money but we are going to cast the Town
and Town taxpayers and residents a lot of cost and pain.
Now 1'd like to talk about the wetlands a little bit in addition to what Todd had i�o say.. You
probably already know that the benefits of the wetlands are natural stormwater detention,
flood control, improved water quality, and moderation of micro-climate. These wet/ands
�. therefore with all of their drainage issues are extremely important to this area. I know from
being a design professional and doing design in and around wet lands, 1 know fhe impact a
project like this can have on the wetlands. 1'll give you one example. If you /ook� at, and this
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March 12, 2007 Town Board Meeting
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new plan doesn't look that different from this. This is a forebay and a detention basin thaYs
being proposed within what is called here the wetland border. They don't call it a buffer
because there is no buffer by this design for the wetlands. So they call it conveniently a
wetland border so they can go into the border and build these structures. The grading shown
by the new contours, not only on this one, but most of the other forebays and detention
basins goes right abutting against the wetlands. I know and other design professions know
you cannot install a 7 foot deep hole without impacting the wetlands in a major way. For one
thing it is going to start to drain the wetlands. For another thing those basins are going to silf
in and be a nightmare for town crews who are trying to keep those clear. 1 have seen
wetlands destroyed by careless construction contractors, by siltation and uncontrolled erosion
which, believe me even with the best sediment control management practices in place it is
very difficult to protect a wetland from development that is anywhere c/ose to the wetland.
Why, because the water is constantly rushing toward the wetland taking as much sediment
and silt with it. And you can put up those silt fences and everything else, but personally I
have seen a very beautiful wetland in New Jersey destroyed because of one major storm
where the management measures had failed. Again, why would the Town consider taking on
those kinds of management responsibilities?
I'd just like to make a couple of other points. 1 know there are other people who want to
speak. Just one quick note, another way that one this plan the wetlands are not being
protected. It may look like it, it may say they are but for example this hammerhead road
which honestly 1 didn't think hammerhead roads were allowed in the Town of Ithaca anymore
because of the difficulty of maintenance and emergency vehicles dealing with them. But for
this developer a hammerhead road makes it very convenient, it gets him a couple more lots
rather than the standard turn around cul-de-sac which, like 1 say as I understood it those were
discouraged by the Town and most other municipalities. Snow plows are going to travel
down this hammerhead road, push their salt, their snow, their pieces of asphalt, other debris
directly into the wetlands and there is nothing there that is going to protect those wetlands
from receiving all of that, you know the chemicals, petrochemicals, phosphorous, other
things. One of the things that 1 would like to mention is 1 did speak with the DEC reviewer.
She had seen the preliminary plan of this project. One of the things that 1 said to her, isn't
this project going to degrade the wetlands. She said one of her concerns was that in these
forebay areas there will be nutrients that wash down into them and weedy species could
begin to take over that area and start to spread into the wetland. Weedy species like
fragmyties and other more undesirable wetlands. In other words, the value of this wetland is
going to be degraded.
1'll just quickly summarize. 1 should be remembered that the. typical developers role is to
develop a property to maximize his profits, then turn over the road and infrastructure to the
municipality and then move on. It is the Town that will be left with the responsibility to
maintain the road, stormwater, and utility system to prevent additional flooding and to protect
the valuable resource of the wetlands. Therefore, it is the Town that must practice due
diligence and be an advocate for the current Town residents who are experiencing severe
drainage problems due to the previous poor development practices. The Town employees
responsible for management and maintenance of these facilities where they are going to be
taking large equipment into people's yards to not only maintain that utility easement but there
are some major channels and major berms right on people's properties that in some cases
take up a large part of their properties. To my mind thaYs liability the Town is taking on. The
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March 12, 2007 Town Board Meeting
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Town should be advocate for the important natural resources such as wetlands and wooded
areas within the Town and the Town homeowners and taxpayers. Thank you.
Aqenda Item No. 11 - Public Hearinq reqardinq proposed local law amendinq Chapter
270 of the Town of Ithaca Code, titled "Zoninq", reqardinq the use of Planninq Board
Alternate Members (Attachment #3 — Local Law No. 4 of 2007)
Supervisor Valentino opened the public hearing at 7:00 p.m. The hearing was posted and
published as required. There was no one present to address the Board and Supervisor
Valentino closed the public hearing at 7:01 and brought consideration back to the 13oard.
TB RESOLUTION NO. 2007-049: Resolution Adoptinq "A LOCAL LAW �►MENDING
CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, R�GARDING
USE OF PLANNING BOARD ALTERNATE MEMBERS"
WHEREAS, New York State Town Law Section 271 allows town planning board
alternate members to substitute for a regular member in the event the regular member is
unable to participate in a matter because of a conflict of interest; and
WHEREAS, the Planning Board of the Town of Ithaca recommends that the Planning
Board's use of alternate members be expanded to situations where a regular member is
unable or unwilling to vote because of a conflict of interest, recusal, or absence; and
WHEREAS, the Town Board of the Town of Ithaca agrees with the Plar�ning Board
that expansion of the use of Planning Board alternate members will serve the bE�st interests
of the Planning Board and the Town, and wishes to expand such use to include not only the
situations recommended by the Planning Board, but also situations where the regular
member is unable or unwilling to vote because of abstention or any other reason; and
WHEREAS, the Town Board wishes to expand the list of situations so it is consistent
with the list of situations where the Zoning Board of Appeals of the Town of Ithaca can use an
alternate member; and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca
for a public hearing to be held by said Town on March 12, 2007 at 7:00 p.m. to hear all
interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER
270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDIN�G USE OF
PLANNING BOARD ALTERNATE MEMBERS", which local law expands the use of
Planning Board alternate members as described above and sets forth a methodalogy for the
Planning Board Chair's designation of which alternate member shall substitute for a regular
member where more than one alternate member is available; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal;
and
WHEREAS, said public hearing was duly held on said date and time at th�e Town Hall
of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said proposed local law, or any part thereof; and
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
WHEREAS, pursuant to the New York State Environmental Quality Review Act
("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by
the Town Board that adoption of this local law is a Type II action because adoption of this
local law constitutes "routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the environment," and
thus approval of this local law is not subject to review under SEQRA,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled
"A LOCAL LAW AfViENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE,
ENTITLED ZONING, REGARDING USE OF PLANNIfVG BOARD ALTERNATE
MEMBERS", a copy of which is attached hereto and made a part of this resolution; and it is
further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
MOVED:
SECONDED
Councilman Engman
Councilman Stein
Roll Call Vote:
Supervisor Valentino
Councilwoman Leary
Councilman Cowie
Councilwoman Gittelman
Councilman Burbank
Councilman Stein
Councilman Engman
aye
aye
aye
aye
aye
aye
aye
Motion carried.
Ann Hyack, 205 Salem Drive
I'm an entomologist. 1'm a professor of entomology at Cornell University and 1 just wanted to
say something about my concerns about mosquitoes and West Nile Virus. In the proposal
there would be these large retention ponds already with wetland. We get mosquito
populafions in the spring time, but my experience with the woods in back of where 1 live on
Salem Drive is that the water gets absorbed into the wetland and the mosquitoes don't last
for that long, a couple of bad week in May, early June. 1'm concerned about with these
retention ponds that that will be much deeper bodies of water, it will take much longer for
them to go away, maybe they won't and that creates mosquito breeding habitat. I would like
to know whaYs the long term Town plans about dealing with creating these potential longer
term mosquito breeding habitats. Also this area is right next to the Sapsucker Woods area
where there is a really large bird population and (turn tape) West Nile Virus is definitely in
New York State. It needs bird hosts. IYs carried from birds to humans and so there is
definitely a bird population thaYs in Sapsucker Woods area. 1'm just hoping we don't create
more problems, more potential, greater potential for West Nile with bigger mosquito
populations for longer. I guess there are things you can do to limit mosquito populations with
retention pond. What I would like to see is that the Town knows tliat this is something that
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
you'd have to do every year. Maybe fhe ponds initially, when they were builf., would be
perfect. What about in 5 years, in 10 years, in 15 years when those ponds k�nd of start
getting silted in that creates more mosquito habitat because mosquitoes tend to like the
edges of the ponds better than the middle. So as the ponds get silted in around th�e edge that
would increase your mosquito populations. Those are the main things that 1 wantE�d to say.
Mr. Stein - 1've got a quick question. Retention ponds are a parf of life now, the��'re aN over
the place, they're always part of a stormwater management plan. Is what you're saying is
that we could never approve a retention pond or a community should not approve a retention
pond because of the dangers of breeding mosquitoes.
Resident - Well, 1 guess maybe the retention pond could be further away from th� houses or
maybe you would have to know that the retention ponds should be maintained c�n a regular
basis. Mosquitoes often, you know, they don't really fly that far and so if you ��ould make
sure to locate the retention ponds, these big potentially mosquito breeding habifats, further
from where the houses were that would help the issue.
Landscape Architect - This area is a little different from what you would typically see for a
retention pond. In the preliminary stormwater management plan the developer knows thaf
the upper strata is slow draining. These are all hydrologic sea soils, very slow dr�ining. The
upper soils have a little bit of percolation. As you get lower into the soil the percolation
decreases to the point of less than half an inch per hour, .2 to .65 or somethir�g per hour.
That's virtually, it's not going to drain. And once that silts in even a little bit there will be no
infiltration of the detention basins. This is a little bit different situation than oth��r detention
basins. When you put them in a wetland area, it's a whole different ball game.
Nancy Osman
1'm here to speak a little bit about the UNA and thank you Jonathan Kani`er for your
comments and also Herb Engman. 1 wanted to first clear up some things that sE�em to have
been reported erroneously. First of all, if you look at the map the UNA is quite large and
when it was drawn in 1999 there's this big lobe down here; that this lobe was ain erroneous
sort of thing and that Robert Wesley said it really didn't belong in there. And thi.s is not true
and we did send a letter to the Tompkins County Environmental Management Counci! and !
think the Town of Ithaca got a copy saying that this really was intentionally put into the UNA.
And the other statement that seems to have been made is that this doesn't serve as a
biological corridor anymore because this has been separated by these hc�uses along
Sanctuary Drive. And let me say that we do feel that is an important part of a biological
corridor. The whole Fall Creek corridor, we think, is a biological corridor an�d this is an
extension from Monkey Run. You can see the wooded area from Monkey Run that goes up
into Sapsucker Woods. This is one of fhe things that helps increase the bird populations
there, is those connections to water and to long corridors and that the anim�ils can't get
across this section of houses is patently untrue because we all have deer walkinq across our
yard and you know that they can travel, and the birds can travel, and the salamanders will go
sfraight and they'll hit a house and they'll jog around and jog around and come right back to
their original line and keep going. So we don't feel that this is a serious impediment, in fact
this is a fairly good connection of woods through here. There are biological corridors that are
just deep culvers under roads and the animals make their way through them Qind certainly
they can make their way through here. So thaYs what 1 want to tell you is not true.
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March 12, 2007 Town Board Meeting
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What I want to tell you is true is that this is an important UNA and iYs a really important
resource for the Town of Ithaca. The Town of Ithaca is extremely lucky to have some
exquisite UNAs in its borders and some of them have been protected by conservation zoning.
Coy Glen and South Hill have many rare species and some of the other really important
UNAs are the Enfield Glen and the Buttermilk Falls that are protected by our State Parks.
These are tremendous resources with many rare species. But right up against those, right
next in line, is Sapsucker Woods and I'm not going to give you a list of plants, but let me tell
you if you drive down the road passed Sapsucker Woods at this time of year you can see the
winterberry. Right from your car. You don't have to get out. You don't have to be a botonist,
but those bright orange berries are right out there and you can see them and you can
recognize. This is a very unusual plant in our area, it's not terribly scarce, terribly rare, but it's
present in this wonderful wetland thaYs really in wonderful condition. Quite pristine, and it's
there in abundance and you can see those bright brilliant berries that are just so significant
and such an indicator of a quality wetland. If you drive by in the summer there's swamp rose
right along the edge of the road. It's a wonderful plant. It's an indicator of a wetland that's in
great condition and that's what we would want to protect is that really important resource for
the community. And it's a/so an important educational resource. IYs not just for Cornell, iYs
for all of us. All of us go out there with our families to look at birds, a lot of us do. Kids go out
there, you take your family out there. This is a resource that goes well beyond Cornell that 1
think is worth protecting. Let me give you a little tiny bit of history. Arthur Allen established
the Lab of Ornithology, when he picked that site way out there what was he thinking. 1 mean
it wasn't convenient to his colleagues at Cornell. He picked that site because of the birds that
were there. At that time the yellow bellied sapsucker was extremely uncommon in the Ithaca
area. It was just moving north and there were just rare sightings of it; it was a very rare bird
and there it was at Sapsucker Woods and they name the sanctuary after it. It is still on of the
few places that you can reliably see the Yellow Bellied Sapsucker in this area. There's the
breadilder clock that people see flying as a resident around the sanctuary in the summer.
This is a very uncommon sighting in our area and it's very important and 1 think that we
should recognize that this UNA is important. Not jusf because it is on a piece of paper in a
book, but because it is really part of our community.
Gregory Esra
1'm a long time resident of Birchwood Drive and 1 realize time is getting short so I'll try and be
extremely brief. My job is to jusf give an extremely brief sense of the history of the Briarwood
Development. 1 think, in so far as there is oversight of the Planning Board by the Town Board
of some kind, examination of the public record is useful in that 1 think what we see now with
Briarwood 11 is really more of the same as we've seen with Briarwood l. 1 know many of you
are aware of the history, but 1 just want to give just a minute or two to point out that the first
drainage plan for this whole area was promised in 1965. The first petition opposing
development in this are was submitted to the then Planning Board in 1965 so this has been a
contentious issue for a long period. In the Briarwood 1 Development, which 1'm just reviewing
here, which really spans the period from 1975 to 1990 or so, drainage concerns and wetlands
issue of the kind that we're hearing today were brought to the attention of the Planning Board
by residents. Major problems were recognized. For example the Town Engineer, Dan
Walker, said in the public record, "keep in mind that the whole area in there has been
developed and is a wet area. All the houses down through there has significant drainage
problems. A comprehensive Plan is under development." This was in 1990, 17 years ago.
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March 12, 2007 Town Board Meeting
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Also was recognized, and this is important for more general considerations of the� impact on
the wetland by the naturalist Richard Bumming whose an ornifhologist and a wildlife expert
said again in 1990, 1 strongly suspect that the shallow water table throughout this region links
fhis area to the larger wetland protected by the Sapsucker Sanctuary. Therefore, ��rainage of
fhis land to construct homes might well affect the integrity of the Sapsucker Woods wefland. 1
think this is a very important question that hasn't been sufficiently emphasized is tl'�at actually
the development and drainage of the Briarwood 1 and 11 areas contiguous to the Sapsucker
Woods Sanctuary will, over time, result in a degradation of the Sanctuary itself. As 1 say,
examination of the public record reveals a significant pattern. First of all the legitimate
concerns of residents have been consistently, 1 would say, perhaps listened to politely but
then ignored. Technical advice and data regarding the projects, the supply of this data fo the
Flanning Board has been one sided from the developer's point of view only. This is true in
the case of the traffic count, wildlife count, and so on. What is interesting in examining the
record is that throughout the development was supposed to be contingent upon �it all stages
formulation and implementation of a drainage plan. Again, fhe drainage plan that was
promised in 1965. To my knowledge, consulfing the record, this was never carried out. The
comprehensive plans was never submitted and never carried out. So this has led as we've
heard and the Town Board is quite familiar major problems for residents by the development
down stream and for the Town of Ithaca itself. Briarwood 11, we finally have a proposal, we
have a drainage plan as we've heard from some of the technical experts there are important
questions and reservations concerning that plan that have been raised.
Wiliam Sonnenstahl, 206 Winston Drive
1 have some prepared remarks, but 1 think I'm just going to give them to the Town Clerk to
share with them so we can expedite things.
What 1 wanted to really talk about this evening is the neighborhood's concern about the lack
of community input into this project all along and 1've got some examples in here that really
make us feel very frustrated and angry with the process and the fact that �ill my good
neighbors have come out this evening on very short notice 1 think talks about th� frustrafion
that we've had. As my wife and I have gone around the neighborhood and talked to people
the last few weeks, the last few days, it's very clear that there are serious drainaye problems
here that people want to talk about this evening. It's very clear, however, thaf perhaps fhe
reason for our anger is because nobody is listening to us and fhe Town Planniny Board, we
have tried to make inputs. You must understand that we didn't know about this Briarwood 11
housing development until a very short time before they were going to come to the June 20th
meeting to talk about the environmenfal impact. And what did we experience that evening?
A lot of us showed up at very short notice, made inputs some of which you've heard here this
evening, and at the end of the meeting Mr. Wilcox the chair of that committee thanked us and
then proceeded to take an immediate vote to approve that there was no eravironmental
impact. Since that evening we have been trying to make inputs along these lines to the Town
Planning Board and to the DEC and we haven't been heard. So there's a lot of frustration.
One of the things that 1 would urge you to do this evening is to hear my neighbors concerns
about their drainage, they deserve it, but more importantly we would ask you as our elected
representatives to help us when we go to the Town Planning Board next meeting and present
them with a petition not to stifle our voices, but to find a mechanism so that we can be heard.
That's really what we've come here this evening to ask is that we have a representative
process. And 1 understand that you are considering a new comprehensive plan. Now back in
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March 12, 2007 Town Board Meeting
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November when the Department of State came and talked about the relationship between the
Town Board and the Town Planning Board many of us were surprised to discover that the
people that you appoint to the Town Planning Board you have relatively little control over. I
find that astounding that people who are not elected can have that kind of authority. So I
would urge you as you go forward and think about a new Comprehensive Plan for building in
the Town of Ithaca that you build into that plan the kind of thing that they were talking about
that evening where there is early community neighborhood input. I understand that many
Towns in the State of New York have done that and rather than escalating the conflict that
has actually reduced much of the kind of conflict that we've experienced and also reinforces
the idea of democracy. 1 would hope that you would indulge us a little while longer and hear
some of my neighbors.
Jamilee Law, 15 Muriel Street
1've a/so brought with me two of my children and Kamal Naeem so there's quite a number of
us representing Muriel Street here. 1've lived on Muriel Street with my husband and family
since 1990 and we were fortunate when we bought our house to be able to meet a number of
the original residents of Muriel street and the area, Dr. Fox, Dottie Travis and her husband.
And so we have a real good sense of how that area has changed. The area actually has
always had a wet problem and these houses all have wet issues, but the area changed
dramatically after the Sanctuary Drive development. The new piece of information I'd like to
give you, you asked that people speak only if they were going to say something new, is that
1'd like us a/so to consider the environmental impact of the incredible erosion that happens
because of the lack of stormwater absorption into Cayuga Lake. 1 belong to an organization
thaf 1'm sure a number of you get the newsletter from the Cayuga Lake Watershed Network
and they send out a wonderful informative brochures several times a year. In the last year or
two they senf out an appeal to really .have people consider the way that they are handling
storm runoff in neighborhoods because of the way the silt effects the lake and there were
some areal photographs of Cayuga Lake. In our backyard, our property is 1. 73 acres or 1.68
acres and we have one of the largest runs of Renwick Creek cause it goes diagonally through
our property. When we first moved in there the reputation that this piece of property had in
the neighborhood was that it was a lovely part of the natural streambed with my neighbor
Connie Thomas next door we have this large streambed. But the dramatic change is that
since we've lived in this house since 1993 the streambed is no longer a streambed it's a
ripping culver through my back yard that has a bank about that high that has been eroded
away that's about 20 feet wide. That's how wide it is. When it first started happening 1 had
Wayne Sincebaugh come out and he came out and looked at it and was always sort of, "Oh
my gosh, this is reaNy dramatic, this is really incredible" and we started talking to people in
the neighborhood. So 1'd like to really say that where that 20 feet, six feet wide went was into
the Cayuga Lake watershed and 1'd like us to think about the environmental impact of this all
the way down to one of the other jewels of our neighborhood which is the Finger Lakes.
Thank you very much for your time.
Diane Feldman, 1404 Hanshaw Road
1 actually do have photos if you'd like to see them. Since 1 moved into the house in 1994
we've had drainage problems. We've had standing water in the basement. We've had
drainage issues since we bought the house. We just spent about $5, 000 putting a berm in to
prevent the water from coming into our front yard and into our basement again. Hanshaw
Road gets flooded with water. The culvert off of Private Lane gets flooded. Every time ! call
:
March 12, 2007 Town Board Meeting
Approved April 9, 2007
up the Town, and Dan you've been to my house and Wayne Sincebaugh has ��een to my
house, they all say fhe same thing, "oh gee this is a problem and we have to fix iY'. !t's never
been fixed. Hanshaw Road just gets more and more ripped up. You're ta�king about
replacing Hanshaw Road and 1 wonder why you are going to do that if you are going to
continue to let this runoff run down the street. It runs all the way down. 1'm out there every
rain storm cleaning out the drains because they get backed up with water, they rui� up, all the
garbage gets fi!!ed into it, and 1 spend my time doing that. You haven't seemed to want to fix
the problem or you don't know how to fix the problem, but it hasn'f been fixed and' there have
been promises made by the builder to take care of the problem and the first pro,blem hasn'f
been taken care of so 1'm wondering why you are going to consider doing some�thing again
when promises are going to be made and not kept again. 1 just don't unders�tand it and
maybe somebody just needs to sit down wifh me and explain why are we goin�g to let the
same problem continue to happen and we're going to pay the price of it; our taxs�s are going
to pay the price of it and the builder is not going to have any responsibility tc► it. 1 don't
understand it. 1 don't understand how you can allow the same exact thing to h�ppen again
and not do anything about it. Maybe you should spend some time there after a 2 hour light
rain and see what happens to the people's properties back there and maybe / should give
you the pictures so you can look at them and see the water just running across my property,
other peop/e's property, Hanshaw Road, all the streets down there and noboa�y seems to
want to address it. Thank you.
Janet Wagner, Winston Drive
I'm one of the people who have been going around to all of my neighbors for one thing to get
them out to this meeting and so 1've talked to a lot of people in the neighborhood. 1 must say
u that from the stories 1'm hearing it makes what problems my husband and 1 have i�eally minor.
1 cannot believe it. There are houses where they cannot mow fhe back yard u�ntil mid-July
because it is under water throughout July. There are people with multiple s��mp pumps,
perhaps half, 1 don't how many, but an enormous number of people in the neigr�borhood do
have sump pumps in that they are still having water in their basement. As 1 dri►�e down the
street 1 see lakes in back yards, in front yards. We were talking about Renwick Creek, that
has become really a torrent over the last, I don't know, ten years since there ha�; been more
building going on. Hanshaw is not the only place where they have to go clear out the creek.
On Tareyton the people on the upside of the creek have to put on hip boots ancl go out and
comb the creek every time it starts to rain wifh any seriousness. They were told 1�y the Town
that it was because the people on Tareyton did not accept ditches, however, it w��s the Town
thaf removed the ditches and put in pipes. So, in sum, what 1'm saying is it's a very severe
drainage problem and it's not being attended to and 1 don't see how we can do rr�ore building
until we attend to the problems we have.
Unidentified —1'd just like to add very briefly that we frequently get the debris frc�m Tareyton
and, in fact, recently we got our neighbors lawn furniture washed down. We �vere able to
hau! (inaudible).
Ms. Valentino thanked the people for coming to the meeting stating the Board appreciates
hearing their concerns and will pass them on to the Planning Board and try to :�ee how the
Town can address the things that need to be address.
19
'n'1 �O. % — i
March 12, 2007 Town Board Meeting
Approved April 9, 2007
ler tf'i@ I'E
itohireT
stormwater impacts of the uroposed Briarwood Subdivision
iller to E
the
Councilman Stein stated that this is about the third time he has heard reports about the
drainage problems from people that live in the northeast. He reported having spent time
trying to understand it; it's not easy; it's a complicated technical issue and an issue that is
outside his purview. He has discussed the issue with Mr. Walker, Ms. Taylor, and some of
the people in the northeast area who understand something of the hydrology and the
technical effects. He realizes there are severe restraints on what the Town Board can do to
answer the complaints if, in fact, they believe that the complaints are justified. Mr. Stein told
the Board he has come to the following conclusions as to what the issues are: There is a
developer who developed Briarwood I and who developed some of these parcels previously
and one question that has been raised is did the developer in fact not carry out due diligence
in doing what the developer promised to do. Mr. Stein reported having heard that complaint
many times. He is not sure that the complaint is true, but told the Board he had spoken to
somebody in the Department of State Office about this and if the complaint is true it gives the
Town a certain amount of leverage over the developer. Mr. Stein felt it was important that the
Town evaluate the statement that the developer did not carry out due diligence and come to
understand whether in fact it is true before approving the project. A second issue has come
up where Mr. Stein hears a disagreement. The disagreement is on the mitigation of storm
water. Mr. Stein stated he has heard from Mr. Walker and the rest of the staff that the storm
water mitigation, if in fact one follows the guidelines for storm water mitigation, there will not
be additional drainage problems made from a development of the property. Mr. Stein
reported having spoken to other people who say that is an oversimplification of the effects of
drainage and, in fact, there are many drainage effects that are not completely or at all
mitigated by having the retention ponds which keep the peak flow under a certain level. It is
Mr. Stein's understanding that statements by residents of drainage problems in the area have
been called in question; it's not clear to the staff or the Town that the claims are legitimate.
Mr. Stein feels strongly that there should be an independent engineering assessment of the
property. The way that the assessment has to be done is in a way that addresses the
particular concerns that the residents have made. It is not enough to look at it and say does
this project satisfy the requirements of the Storm Water Management Rules of New York
State. Mr. Stein thought the proposed plan probably does satisfy the requirements but what
he wants to know the answer to is whether the development of Briarwood I created drainage
problems which are not related to peak flows, which are related to the lowering of water
tables, to footer drains, to paving it over, to making the soil allow less water to go through it.
Does that have an effect and does it lead to the kind of problems that residents have
encountered. The Town must subject that to an independent analysis and get the answer to
these questions. Mr. Stein felt the Town needed to be very careful about choosing the
engineer that is going to carry out this independent assessment and assure themselves that
the engineer has the technical competence and has the understanding that figuring out the
answers to these particular questions in part of the charge. The contract did not appear to
Mr. Stein to be written with an eye to answering the questions he has raised and, as a result,
he would like to move to postpone consideration of the resolution approving the contract with
T.G. Miller and ask Supervisor Valentino to set up a committee to look into the hiring of an
engineer to go and make this evaluation and make sure that the kinds of complaints the
Board has heard are looked at in an unbiased way.
F.
,: �
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
Mr. Burbank seconded the motion.
Ms. Valentino stated that T.G. Miller and Dave Herrick have an outstanding record of doing
these kinds of studies in the community. Mr. Herrick has never done any wark for Mr.
Lucente; there is no conflict of interest in anything that he would do. He has an autstanding
professional reputation in the community and knows the community extremely well. Ms.
Valentino thought they could look as hard as the Board wants but would not fir�d a better
independent engineer than T.G. Miller and the reputation that they have to do the job for the
Town. Ms. Valentino stated she would vote "no" to a committee to look for a different
engineer.
In answer to some of Mr. Stein's questions, Mr. Walker stated the scope of the proposal to
T.G. Miller was very specific. His understanding was that it was to be an independent review
of the storm water management plan for the Briarwood Subdivision. What Mr. Stein has
talked about is the overall storm water management plan that the Town is looking at in the
whole northeast. They have been working on this for about 15 years and the Town Board
just referred that plan to the Public Works Committee for a comprehensive plan for mitigation
measures or improvements. The type of study that Mr. Stein is talking about, the Town has
spent many hours over the past 15 years doing bits and pieces of, is not a$4,000 study.
Town staff has probably spent 4 to 5 thousand person hours with surveys and everything else
that they have done. This is a required project for the Town to stay in compliance with the
MS4 (Storm Water Management) Program with the State. What Mr. Walker would like the
opportunity to do is review this with the Public Works Committee and show the Committee
what they have been doing. Many of the drainage problems that have been spoken of during
the meeting do have solutions. Any drainage problem has a solution; it may be a solution
you don't like. There are other options like creating drainage districts for maintaining storm
water structures that were not maintained and there was no provision to maintain them. � Mr.
Walker thought the Public WorksCommittee would be the appropriate place to work through
this and that they needed to develop a plan to answer Mr. Stein's and the Board's questions.
Mr. Stein did not agree stating he had heard the complaints often enough that he would like
somebody independent to look at them to see if, in fact, they are justified and see if, in fact,
they should effect how the Board decides what to do about Briarwood II. He did not feel
capable of doing that nor did he feel anyone else on the Public Works Committee was.
capable. He thought the Town needed someone out of house, somebody that's fresh, to look
at the particular complaints and understand what is going on. Ms. Valentino has confidence
in T.G. Miller but Mr. Stein stated he does not know anything about them. He thought this
was an important decision, the Board has heard the complaints again and again, and the
Board should attack it. He told Mr. Walker he realized he was not talking about a$4,000 job,
but he did not feel a$4,000 job was going to help them. He felt the Board owed it to the
people who have been making the complaints to evaluate them and if in fact they turn out to
be legitimate complaints, the Town has to be prepared to spend the money to try to address
them.
Mr. Engman stated he had similar concerns about making sure the Town gets an
independent firm. He thought the only way the folks who have spoken and the Town Board
members would accept the results of the study is if there is absolute confidence that they
were independent and objective in making the determination. He thought they needed to
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
take great care in the selection of whoever is to do the study. Mr. Engman also wanted to
comment about a couple of the components of the proposed agreement. The proposed
agreement does estimate a$4,000 cost, but Mr. Engman was concerned because it was
open ended. It says that the costs were only estimates for planning purposes, are not
binding on the parties, and are not the minimum or maximum amount payable to engineer
under the agreement. This means they could get halfway through the evaluation, spend
$4,000, and the firm could come back and say they are going to need more money to finish
the project. Mr. Engman did not feel that this was an appropriate agreement; the Town
needed to have an iron clad agreement that says here's the scope of work and can you do it
for a specified amount. If the consultant agrees to the amount, then they agree to finish the
project. His second concern regarding the agreement was under A1.01 Engineer's Services.
Under point 4 there is a scope of work. Mr. Engman expressed concern about VI,
"identification of potential impacts to individual lot development". Mr. Engman felt they had
already identified what the potential impact is. What they want is a projection of what the
independent consultant feels will be the impact on individual lot development. Beyond that
the Board has heard from individuals that what they want to know is whether there is going to
be impact on properties offsite of the development. Mr. Engman stated there should be
another element to the work plan and that is projections of potential impacts to offsite
properties. Mr. Engman thought there was a long way to go to selecting the independent
consultant and making it a plan of work that would be acceptable to him. He thought Mr.
Stein's idea of a committee was entirely within reason.
Ms. Valentino asked how long Mr. Engman thought it would take and how it is going to fit in
with the Planning Board's work. Mr. Stein did not know, but felt they had to take the time to
do it.
Mr. Cowie commented that the question of the scope of the study still seems to be open and
noted the difference between what he has heard from Mr. Engman and Mr. Stein. Mr. Stein
concurred stating Mr. Cowie has been hearing a difference. The question for Mr. Stein is if
the Board has any leverage on the developer of Briarwood II it depends on whether they
have good reason to believe that Briarwood II will in fact increase the downstream results on
properties below it. Do property owners have any reason to believe that a new development
will affect them adversely? The answer the Board has from the Town Engineer is, "no". If
thaYs the final answer the Board has no leverage. The residents have said something
different. They have said it used to be okay. When they started building it was not okay any
more. Mr. Stein thought the Board needed to get somebody independent to evaluate
whether resident statements are true or not. Mr. Stein stated he had no position on it; no
idea whether they are true or not.
Ms. Valentino asked the Board if they did a bigger study and look at the other problems
downstream they use it as part of the Town's stormwater management study and then iYs
what can the Town and the residents do to mitigate the outstanding problems. However, she
did not understand how the Board would have any kind of influence on the developer for
Briarwood I. She did not think the Board would have any authority. (turn tape - a portion of
Mr. Stein's comments interrupted by turning the tape — recording resumes with Mr. Stein's
comments as follows) ...but on the other hand if the Town Board has a justification for acting
because they have a reasonable expectation that the new Briarwood II will adversely impact
other properties then the Town Board has a certain amount of leverage they can use to help
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
mitigation. Ms. Valentino felt the Board needed to be clear about what they were trying to do.
When she talked about hiring T.G. Miller she talked about the need for the Town to be sure
that the project is not going to adversely impact downstream. Mr. Stein told her that is not
what the agreement says. What the agreements says is the Town wants the engineer to
evaluate that the storm water management plan is consistent with the st�rm water
management requirements in New York. Mr. Walker added that one of the requirements of
the storm water management plans in New York is to not increase discharges dc►wnstream.
Mr. Stein stated it is not to increase peak flows; it's all in terms of peak flows. But it is alleged
that there are other things going on other than peak flows. Mr. Stein felt the Board meeting
was not the place to discuss this. Mr. Stein reported many discussions with I'Jlr. Walker
during which Mr. Walker has said the only thing that matters is peak flow. He stated he has
heard from others that it is not true that the only thing that matters is peak flow. Mr. Stein
stated he did not know how to evaluate the two things. He has great respect for Mr. Walker's
competence and great respect for the competence of the other people he has talkE�d with and
they come up with different answers. Mr. Stein thinks it's important enough that thE�y ought to
have it evaluated by someone independent.
Mr. Engman told Ms. Valentino that what she said is exactly what he wants, but it i:� not in the
agreement and that is why it needs some work before they can go any further. Ms. Valentino
agreed that it needed to be clear in the wording of the agreement.
Mr. Stein asked that the Board consider his motion.
Ms. Leary commented that the recommendation that the committee comes back with could
just be a refinement of the proposed agreement. She added that she hoped it could be done
pretty quickly. Mr. Cowie asked for concurrence that they were not just talking about the
selection of an engineer; they're also talking about the scope of what the Town wants them to
do. The Board concurred.
Ms. Valentino asked the Board who wanted to volunteer for the Committee. Mr. Stein, Mr.
Cowie, and Mr. Engman volunteered.
Mr. Cowie asked if the resolution would contain language about the committee's mission.
Ms. Valentino told him the mission, as she understands it, is that the commiti:ee should
interview engineering consultants, make a recommendation, review the agreement to make
sure the scope is appropriate, and the Board should decide how much they are going to
spend.
TB Resolution No. 2007-050: Postpone authorization to enter into a prc�fessional
services contract with T.G. Miller and create a Town Board Committee to look into
hirinq an independent consultant to review the storm water manaqement pl;an for the
Briarwood Subdivision
BE IT RESOLVED that the Town Board of the Town of Ithaca postpone consideration of the
resolution giving authorization to enter into a professional services contract with l-.G. Miller,
and be it further
March 12, 2007 Town Board Meeting
Approved April 9, 2007
RESOLVED that the Town Board create a Town Board Committee to look into contracting
with an independent consultant to review the stormwater management plan for the Briarwood
Subdivision and bring a recommendation to the Town Board, and be it further
RESOLVED that the Committee review the agreement for such services with regard to its
scope and conditions and bring a recommendation to the Town Board.
MOVED:
SECONDED
Councilman Stein
Councilman Burbank
VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye;
Councilman Engman, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Supervisor Valentino, nay. Motion passed.
Ms. Valentino told the Board she would have voted in favor of amending the agreement, but
she stated she knows that they are not going to find a better engineer than Dave Herrick.
Aqenda Item No. 13 - Consideration of a request to rezone 158.63+/- acres from
Aqricultural and il�edium Densitv Residential to a Ptanned Development Zone in
coniunction with a proposal referred to as "Carrowmoor" (#5 — letter from John
Rancich and Carrowmoor proposal)
John Rancich appeared before the Board to request consideration of a rezoning request.
1'm John Rancich and 1'm the owner of 150+ acres of land in the Town of Ithaca where I am
proposing development of Carrowmoor. 1 came to you folks about 2 years ago when 1 owned
93 acres of land that was formerly known as the Marshall Farm. When 1 bought it, it was
zoned R30 and R15 and then it was subsequently changed to an ag district. A year and a
half ago 1 bought another 65 acres of land known as the Perry. That was zoned and is zoned
R15. 1 combined these two parcels and 1've come up with a new and better plan that I think
you guys are going to love and 1 hired Steve Bauman to help me design it and I'm going to
introduce him to you now and let him handle the meeting.
Steve Bauman
Hi, my name is Steve Bauman and 1 have several degrees. One in environmental science,
one in landscape architecture, 1 am registered in the State of New York as well as a minor in
architecture which 1'm not registered in New York. What we are proposing to do is a
traditional neighborhood development. IYs a development that basically mimics a village. It's
not a subdivision, it's not suburbia, but iYs an intense development that's built on a lot of the
principles of successful villages that have lasted through time. There's many things about
this that are different than most developments that you probably come across. First of all,
we're looking to have LEED certification. We're looking fo have it rated either gold or
platinum and that depends on the building designs and everything else as well as the
subdivision. I use the word subdivision very loosely but the development itself would be
LEEDS rated as well as each of the individual buildings. What that means is that they are
energy efficient, they're non toxic, there's a lot of innovative ways to deal with some of the
issues that you've been dealing with here tonight. One of them rs rainwater harvesting. You
FL�
March 12, 2007 Town Board Meeting
Approved April 9, 2007
harvest the water off the roof, you put it in storage, and you reuse it on the site. My company
seven years ago was the first company in fhe United States to use rainwater han�esting as a
stormwater control. We one several regional and national awards for that and it's an issue
that's paramount all fhe way through the county, it's no just here. On this particular property,
this is the layout of the land. This is the 93 acres that John was speaking of earJier. This is
the additional acreage here. There's two ravines that run down through. North is towards
me. This is Road here. The City Lights Antiques is located here. We're proposing burying
the power lines that run through here. We're in process with NYSEG right now to do that.
We had some contact with the Eco Village folks to see if they are interested as well to get
them below ground. With that we're looking to puf the Town road in through here and down
to connect onto Riley Road so this would all be public roadway here. Everything else that
you see would be condominium. So it would be privately owned by the comrr�unity: the
streets, the fields, the play areas and all. It's made up of a town center which we call
Carromoor Center, has a great hall and a pool area which is like a club house �and all the
business of fhe development if you will. And then we are looking to bring in some rnulti-family
units with underground parking and these two units here that you see we're looking to do
some mixed use in. Primarily to have a commercial aspect there so peop/e don't have to
drive downfown three or four miles to go get a quart of milk, so they don't have to drive4
downtown for a newspaper, whatever it might be. It a/so affords the ability to do �� work/live
situafion. Where you could own a unit, live there, and walk to work. You walk over two
buildings or downstairs depending on the configuration. With all of this we're looking to do
100% rainwater harvesting through the site. What that means is that we would take the wafer
that comes down on the site, whether iYs on a roof or on the ground, or where evE�r, and we
would put it there and hold, and we would hold it for later use. If there happenEd to be a
catastrophic flow of storm water or something, we do have some emergency sform water
areas built in to handle significant sforms, and that would be a s/ow release layer. �3ut again,
that's a catastrophic event which happens once every 50 years or so. The intent is to take
the water off the roofs, put it into the ponds here, re-circulate it through a system t�hat would
be solar powered as well as green powered. We're looking to have the entire subdivision
powered by green so it has a net zero footprint, meaning zero carbon footprint o�n it. The
materials in the different buildings are all non-toxic, they're all more progressive rr�aterials 1
would say. And things like areiadallplete concrete, which have a very high densifiy; a high
insulative value and they last longer than me. Same thing with roofing. Same thiny with the
interior finishes. What this means is that the energy signature of the building itself ends up
being very very low. Some of the buildings that 1 have built have net zero, which m��ans that
it makes as much energy as it uses. We're not talking quite net zero here, what we are
talking about is something where your energy bill would be between one and two dollars a
day for your total usage depending on what kind of toys you have in there. This is a birds eye
view of what envision Carrowmoor looking to the southeast. This is the great h�ll. The
swimming area her,; there's a swimming pool inside and out and gym. � public
amphitheater. Some tennis courts here. Public parking here. These are the units, running
here, here, and here are the three of them, of the multi family units. Multi family being a term
where they're just brought together in the same building. That doesn'f inean that fihey are
rental units. They are basically condominium units that people will purchase. So the ,garages
are. underneath here; it's green space on top, which affords the residents here to bE able to
use them as lawn space. It keeps the snow off the parking areas so it less�ens the
maintenance we have to have. There's a public green. There's a waterway from the
rainwater harvesting. And then obviously the roadways. The two photographs below, this is
f�k7
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
Carrowmoor Center which is this area right here standing here looking this way. We envision
this area here to be the mixed use commercial, this to be the clubhouse over here, and the
swimming area behind that. The public amphitheater is right up here behind the bridge. And
then this is the street standing here looking this way. This just gives a sense of the scle of
the buildings and the scale of the street.
Mr. Burbank — How many stories are those? Are those 5, 6 story buildings?
Mr. Bauman — No it depends on the building. Most of them are three. And the topography is
such that iYs three story here, it's three story on the back but the ones on the back are higher
because there's a 15 foot differential or 20 foot deferential depending on where it is on the
site. We have different types of housing. We have the multi family, we have row houses
which can either be set up in four-plexes or duplexes, and we a/so have small single-family
houses. 1,600 / 1,200 / 1,400 square feet. And we also have some large custom single
family homes. Those would be primarily located along the ravines that are there. All the
ravines are put in place with a public preserve if you will where it preserves the trees and the
waterway as it is with a trail going through it. No buildings allowed to be built within 75 feet of
the stream on either side and that's true for Williams Creek as well as the one running
through the center of the site. We see the plan being built in two phases. Phase one is to
the south from 79 over to the ravine. Phase two is from the ravine over to Williams Creek.
The total number of units that we are looking at is 400, in both phases. By faking the
buildings and bringing them all together under the planned unit development, what it allows is
a lot more open space. Traditionally in a subdivision you would end up maybe with 8, 12%
open space. In the case of ours what we're looking at is roughly 65% open space which is
useable as a trail system, public walkways, recreation way. And so it becomes a very highly
walkable community. We're trying to make it so if you don't want to leave the village you
don't have to /eave the village. Obviously if you work downtown or across the valley, then
you would have to. But on the days that you're there you can enjoy it simply by walking over
to whatever the activities might be.
Mr. Stein asked what harvesting rainwater meant and what they would do with it.
Mr. Bauman — There's several ways you can harvest it. You take it off the roof, you filter it
and then you can put it into tankerage. We're talking about putting some tanks in the
garages which are between the multi-family units. You can a/so put it into open pond areas
that are contained, that don't flow to other areas.
Mr. Stein asked if it was potable.
Mr. Bauman — It can be but you have to treat it to be potable. You can use it for landscape
primarily or recreatior►al purposes. Potable water you have to filter, you have to clean it up,
you have to kill the bacteria, either chlorinate it or uv light. The philosophy of the rainwater
harvesting is whatever rainwater falls on the site gets used on the site and anything that
leaves the site is fhen done through the aquifers after it has gone into the soil on the sub
drainage rather than over land. What it does is it greatly reduces the amount of erosion
potential downstream during a storm event. It also makes it so you're not getting rid of all
your water now and then three months from now when the summer hits you have to go put
your sprinklers on and buy your water back. It just makes a short cycle of the water cycle
26
March 12, 2007 Town Board Meeting
Approved April 9, 2007
rather than sending it downstream, which is better for everybody involved. There is a costs
� associated with it. Obviously you have plumbing and you have storage and you h,�ve all the
facilities and the maintenance of that. But that set aside it is very valuab/e and worthwhile
because of what it does for the sife itself. It is also part of the LEED certification process if
you do that so it gains some valuable point in that process as well. We see that the LEED's
certification is paramount. ThaYs where the federal government certifies the healthiness or
the sustainability of the development, how long it's going to last, how energy effi�ient it is,
how toxic or nontoxic it is, whether it's daylit, whether it's using iYs resources wisely or
whether you are having to do things more than once. If you have to heat your space simply
by turning it and using passive solar, obviously there's a gain. You don't have to purchase
the electricity so therefore it's a much greener space. And thaYs a simple example. There's
a lot more complex examples as well. The initial first phase has 271 units. 1 believe that in
your packet there are charts thaf show what the makeup of that was in terms of the :sizes and
the bedrooms and the style of housing as well. And again, the buildings have ,not been
designed at this point, they're conceptual at this point but we're working to do tl�em in a
fashion where they're an intriguing design that can be changed fa�ade-wise, look-wise so
they don't all appear the same building, same building, same building. Whaf we're Ic�oking to
do is make it look like it was built over the passed 200 years by 40 different contr�ctors, or
however many contractors, so each building has its own character, has its own d�tail, but
there are some similarities. One of the similarities that we see is it will be masonry. Masonry
holds up much better in this climate, it has better longevity. We are also making it to look as
_ if parts of the outlying areas of the development, if you will, will be antiquated. Stone walls
that have some ruble coming off of them and the like so it has some character, so i� doesn't
look pristine. It's not gee don't pick that flower because it belongs there. It will have a better
character in terms of the usability of it because it doesn't have to be just so in order to be
enjoyed. There's 11 miles of trails and walkways, bicycle ways with Carrowmoor. We're
looking to design those so they can also be utilized with small electric neighborhood vehicles
like a golf cart or a scooter for those that can't walk or jog. And then there's also water
features, sports areas, fhere's tennis, ball fields up fo the northwest corner. So fhere's a
variety of activity that will be included on the site treated primarily as opens space for the use
of residents and the surrounding communities as well. If anyone has question, 1'd be happy
to entertain them. We have pastures in there as well. We have some horses we're talking
about putting in, possibly some of them will belong to some of the residents. There's ,� horse
barn on it as well.
Mr. Rancich — We tried to design almost all the roads with traffic circles instead of
intersections. We're not looking to control the traffic at all on the Town roads, buf on the
condominium roads that are owned by Carrowmoor we want to control those with traffic
calming devices instead of speed bumps. We want to keep it so that the flow of v�hicles
through there is as slow or at least moderate. On the Town roads, the roads that get
dedicafed to the Town, that will be up to the Town to control the speed on those roads.
Traffic circles allow the vehicles; the City� of Ithaca put a very successful one in. You don't
have to stop your car and idle and accelerate again you can move smoothly throu��h the
traffic circles. We've got an idea to put some geothermal heating to keep the ice c�ff the
circles and on some of our private roads.
Ms. Valentino asKed for questions from the Board.
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
Mr. Burbank asked if Carrowmoor, would be a gated community. Mr. Bauman told him, "no".
Mr. Rancich told him the community center, exercise room, swimming pool, tennis courts,
volleyball courts, will be open to the public for a fee. If the public wants to come and have
coffee at the coffee shop and buy a newspaper or use the post office or any of the small
shops they will be open to the public. There will be approximately 36,000 square feet of retail
and commercial space within the community. It will not be a gated community but it will be
private property owned by the condominium association. Mr. Bauman elaborated stating that
the land will be owned collectively. There will be a full maintenance staff; there will be
services based out of the great hall, which take care of snow, lawn, all of the things that
nobody really wants to do. Condominium owners would be responsible for their own
structure unless they chose to have Carrowmoor do it for them and that would be fee
oriented. Mr. Burbank asked how the 400 units translated to number of residents. Mr.
Bauman stated they were not exactly sure yet, but estimated it would be around 1,100 / 1,200
people total size.
In response to questions from Mr. Stein regarding energy source and cost, Mr. Bauman told
him they were electing to purchase green power, power that is made by wind or solar. The
buildings themselves will be built very tightly. When you build a tight building you have other
issues within the building of environmental sickness; they will deal with that with the material
side. The active solar panels that can go on the roof will supply a great deal of power, but it
won't give the full range of power on this project. Energy will be purchased through the grid,
but it will be designated as green power. Mr. Stein asked for clarification regarding energy
costs per household. Mr. Bauman told him the energy costs for the average building designs
that he has done are $1 to $2 per day. You can actually get costs to zero but it takes more
money on the upfront side to do that.
Mr. Stein commented that it sounded like an immense project and asked what the building
cost of the whole project would be. Mr. Rancich told him phase one would probably be
somewhere in the neighborhood of 70 or 80 million dollars. He believed the assessed value
of phase one would be in the neighborhood of 125 to 140 million dollars. If they get to phase
finro it wil.l be more, over 200 million over time without a doubt.
Mr. Engman stated there was a lot to like in the document they were given, the idea of
creating community and having some of the retail available on site. Regarding LEEDS
certification, Mr. Engman thought he heard the applicant say LEEDS is a federal program.
He thought there was an independent organization that evaluates and gives you your LEEDS
status. Mr. Bauman told him it was independent but it is under the federal green building
program. It's an independent agency co-chaired by some folks out of Texas; they end up
setting up the regulations. NYSERTA will help with the certification process with that, making
sure that all the Ts are crossed and they help with some of the design challenges that may
occur. Mr. Engman stated for those"folks who would live in the development it seems to him
it would be a very nice place. One of the things he was concerned about was that there are
costs to the Town for any sort of development and oftentimes part of those are mitigated by
some sort of benefit to the larger community. With 1,000+ more people there's going to be
more traffic, more open space taken out of the community. There's often at least some park
space or affordable housing that's part of the package. Mr. Engman stated this was one of
the things he did not see in the plan. Mr. Rancich told him that on his Perry purchase there
was a big chunk of the Perry land dedicated to the Town for a park. The Town made a
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March 12, 2007 Town Board Meeting
Approved Apri! 9, 2007
promise to the Perrys that it was all the land the Town would ask for. There is a public park
� already dedicated from the Perry Land and the Linderman Creek land; it hasn't been
developed yet. Mr. Rancich stated that Carrowmoor didn't have a public park, sc� to speak,
set aside but they would be opening all the walkways and trails along both streams, all the
biking paths, to the public. One benefit the Town gets is that they will be building ai road from
Route 79 to Bundy Road. There will not be a guardhouse up preventing people from driving
through the community, but they will be private roads. As far as the low-income hc�using, Mr.
Rancich stated there is a lot of that on West Hill right now and he does not hava any of it
planned in the proposed community. Mr. Bauman commented that if they wE�re to put
affordable housing in the project they wouldn't be able to afford the level of sErvice and
efficiency. Mr. Engman stated they would have to partner with a non-profit to g�et the tax
credits and that was feasible to do.
Regarding the pastures, Mr. Engman wondered if folks that were going to be near the animal
pastures would be warned that on warm spring days they are going to have �in added
dimension. Mr. Bauman hoped those affected would be the horse owners rather than
someone else. Mr. Engman wanted to know if some of the land would have to remain in
agricultural zoning to accommodate the horses. Mr. Kanter told him if the Board was going to
create a new planned development zone, the Town Board could tailor the zone to
accommodate whatever those things are that they felt appropriate. Mr. Kanter cr�ntinued
stating it was kind of like the EcoVillage planned development zone which had an agricultural
area designated where that type of activity was allowed.
Regarding affordable housing, Mr. Kanter did not think the Board was talking about low
income house; they are talking about ownership housing that would be more oriented
towards middle income people. The County's just completed a housing needs assessment
and identified a significant need in the median income areas and did recognize that a number
of low to moderate income units had been built in the area surrounding the City, particularly
on West Hill but now we are looking at other areas. With this kind of range of housing the
applicant is talking about, it seemed to Mr. Kanter ideally suited to incorporate quite ai range
of types of housing.
Mr. Burbank stated he was please that Mr. Rancich and Mr. Bauman have shared the project
with the Board at an early conceptual stage. There are many attractive aspects of the
project. A larger concern he has is that this project in tandem with adjacent projects thaat the
Board has already approved in Linderman Creek is creating an urban concentration i:hat is
not, unfortunately, supported by good non-auto access into Town. Mr. Burbank wanted to
convey to the applicant that before he feels comfortable approving any such thing he wants to
see some of that larger question addressed. He realizes it is not just this project, but this will
take it in a whole other league. Mr. Rancich's site includes the proposed route of a bik�� trail
running from Bundy Road all the way to Mecklenburg Road and there needs to be discussion
about how cyclists and pedestrians can be accommodated not only through those site:;, but
also getting down into Town. Mr. Burbank realizes that is going to be a much Ic�nger
conversation. Given that most of the jobs in this community are on East Hill and when people
live on West Hill, they move through the Town and that has a huge impact and the Town has
got to look at it.
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Approved April 9, 2007
Mr. Rancich stated that they would certainly be on the bus line; this will be a bus stop. As far
as how to get bike trails from his site to downtown, Mr. Rancich does not have any control
over that. He can grant access to all the bike and pedestrian traffic through his land. How
they get from his place down the public road, he does not know what to say about that. He
does not have any facility, any right, to build a path downtown. Mr. Rancich reported one of
the ideas Mr. Bauman had is giving a Subaru electric car to condominium purchasers. Some
condominium developers give away a refrigerator or a kitchen, Mr. Rancich wants to give
away a little car.
Ms. Leary asked if the Board rezones the area to planned development would they be able to
incorporate some sort of affordable housing in the project. Mr. Kanter thought the Town
Board could certainly do that. Obviously it would have to be a cooperative venture with the
developer and the Town to write a planned development zone that would work for both ends.
If affordable housing ends up being one of the things that would be necessary to address in a
planned development zone, Mr. Kanter thought that was something the applicant would have
to consider. Ms. Leary suggested that it is not necessarily that burdensome because it sort of
goes with the village feel; that you have a diversity of styles and the proposed development
has the kinds of infrastructure that would lend itself to a range of incomes. The developer
could make some trade offs with maybe some of the open space to get some of the different
income levels from local people into the community. Mr. Bauman asked her if she was
suggesting building in the open space. Ms. Leary told him possibly stating there's a lot of
open space. Ms. Leary asked for clarification regarding what land goes with the housing. Mr.
Bauman told her all the housing will be condominiums. There's a right of usage of roughly a
10-foot perimeter around the outside wall. Mr. Rancich told Ms: Leary that all the land will be
collectively owned by Carrowmoor Condominium Association. (Turn tape) Ms. Leary asked
if the developer was envisioning in the condominium rules that this would be a community of
special shared interest. Mr. Rancich told her that they were not going to try to limit who can
live in the community. The only limitation there will be on living there is whether or not
someone can afford it.
Mr. Cowie asked Mr. Rancich if he had a sense of how much the condominiums would cost.
Mr. Bauman replied stating $250.00 and up per square foot. They will start at roughly a
quarter of a million dollars and go up from there. Mr. Bauman told the Board they were trying
to discourage large-scale McMansions; trying to keep it so that it is an intimate scale. Mr.
Stein asked for confirmation that the present prices are in the range of a quarter of a million
to a million dollars. Mr. Bauman thought $700,000 for the large houses. Mr. Cowie asked
about the community's governance. Mr. Bauman told him there would be a corporation; the
stockholders are the condominium buyers and they would elect a board of directors to do all
of the business of the condominium association. Mr. Cowie asked about restrictions on the
residents such as restrictions on politics, or expression of those politics. Mr. Rancich told him
there would be no restrictions on politics, no restrictions on any of that. There will be
restrictions on what people can do with the outside of their homes. Mr. Cowie stated he
thought there were other public goods to be served besides affordability and he thought the
proposed project served many of those public goods, but he was panicked about
transportation. He stated it was a disaster on West Hill trying to get out of West Hill into the
City. Mr. Bauman told him they were looking to put a bus route up through the area and get it
changed to stop at the great hall. Mr. Rancich mentioned a Carrowmoor fee based shuttle
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March 12, 2007 Town Board Meeting
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service. Mr. Cowie felt the proposal deepened the need for a walking route off of �Nest Hill to
downtown.
Mr. Kanter stated the thing the Board should also think about is the total number of dwelling
units proposed because it is not by right. The Board would be creating a planned
development zone that will allow a certain number of units, a certain level of development. If
the Board looks at the development scenarios there were numbers provided by thE� applicant,
there were different numbers provided by staff when they recalculated them. Th� 400 units
proposed are not allowed under current zoning. It is something like either 255 or 330,
depending on the way they do the calculation. The Board really needs to think about the total
number of units and the density of the development they think will be appropriate and if
affordable housing is something the Board feels is an essential ingredient to include this is a
prime opportunity to do it. Mr. Bauman told the Board that the percentage of usa�ge for hard
surface improvements such as roadways, stormwater requirements, is going to be much
smaller on this development than on a traditional subdivision. If they were take out just the
space for the Town road running through the property, under the current zoning it estimates
out at 373 units with the remaining space being utilized for the calculation. They� are asking
for 400 units because of the densifying of the core itself to create the open space.
Regarding the affordable housing, Mr. Bauman commented that they have talked about how
to address the issue. One of the thoughts is that if they are increasing the tax b�ase by 120
million dollars, the Town should be able to find a use to put that into affordable housing under
a program that specifically identifies the affordable housing aspect that they would like. The
developer's concern is the economics of putting the project together. There are a lot of costs
associated with what they are proposing.
Ms. Valentino brought the Board's attention to Mr. Kanter's memo, which c�utlined the
following options available to the Board
Possible Board Actions at March 12th Meetinq:
• Opfion 1: Consider referring zoning proposal to Planning Board for recommendation.
Confirm classification as "Type 1" Action pursuant to SEQR, and if TypE 1, consider
whether the Town Board or Planning Board should be Lead Agency to coordinate the
environmental review, if referred.
• Option 2: Indicate interest in the proposal, and request that the applicar�t prepare a
draft local law, in consultation with the Attorney for the Town and Director of Planning,
and bring the draft local law back to the Town Board prior to referring the matter fo the
Planning Board for a recommendation.
• Option 3: Take no action at this time. Request additional information from applicant for
further consideration.
Option 4.
rezoning.
Indicate that the Town Board is not interested in considering the requested
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
Councilman Engman stated he would like more time to think about the proposal. He thought
the Board should think carefully about how to proceed regarding the project and maybe do
another site visit.
Mr. Burbank did not think the Board should take action at the evening's meeting stating there
will be reaction from the larger neighborhood community. Mr. Burbank told the developer he
has gotten a hint of some of the things the Board imagines might be issues and he was sure
there were others that have not even occurred to them. It is going to be a very long process.
Mr. Burbank told the developer they. were visionaries and the job is to sell it to a larger
community and perceive of that as a long-term project that was not going to happen over
night. He was in favor of another site visit and encouraged the applicant to set up forums
where the larger community can learn about the project, ask questions, and help tweak what
they are trying to do.
Mr. Stein moved option 3. Mr. Burbank seconded that motion.
Ms. Leary stated that, eventually, she liked the idea of writing a local law to rezone the
property rather than referring it to the Planning Board. Regarding the affordable housing
issue and the statement that the project would increase the tax revenues to the point that the
Town could do something about affordable housing, Ms. Leary stated she did not like the
idea of the Town getting into the business of putting up its own public housing if that is what
they meant by that. She would like to see affordable housing developed more organically as
large developments come into the Town. She thought a mix of income levels was healthier.
TB RESOLUTION iVO. 2007-051: No Action Taken Reqarding Carrowmoor Proiect
BE IT RESOLVED, that the Town Board of the Town of Ithaca take no action at this time
regarding the request to rezone 158.63+/- acres in conjunction with a proposal referred to as
"Carrowmoor".
MOVED:
SECONDED:
Councilman Stein
Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman
Leary, aye. Motion carried.
Aqenda Item No. 14 - Resolution to Approve Substitute IVlembers of the Joint Studv
Group �formed to Investiqate possible Shared Services and possible Consolidation
between the City of Ithaca and the Town of Ithaca
Mr. Stein told the Board that the proposed resolution concerns a study group looking at
issues relating to consolidation and shared services. Two people have dropped off and they
need to appoint two replacements.
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
— TB RESOLUTION NO. 2007-052: Resolution to Approve Substitute Memb�:rs of the
Joint Studv Group formed to Investiqate possible Shared Services and� possible
Consolidation between the Citv of Ithaca and the Town of Ithaca
WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board, desiring to
examine the mutual benefits that could be achieved through possible shared sE:rvices and
possible consolidation measures, agreed by votes at their respective meetings of May 3,
2006, and May 8, 2006, to pursue such investigation through the establishment of a joint
study group, and
;;
WHEREAS, the Common Council voted unanimously to create such a study group to
investigate, among others, the legal and regulatory aspects of shared services and possible
consolidation, the pros and cons of both shared services and consolidation, the financial
opportunities and liabilities of consolidation or shared services, an analysis of the property
and sales tax scenario for a single jurisdiction, the concept of a new jurisdiction, and a unified
comprehensive plan, and to provide an analysis of the strengths, weaknesses, o��portunities,
and threats for each topic area, and
WHEREAS, the Common Council voted that the study group would be composed of eight "at-
large" members, mutually agreed upon by the City of Ithaca Common Council and the Town
of Ithaca Board, with these representatives having knowledge of finance, law, planning,
public works, police, or organizational culture, plus one elected official liaison from each
jurisdiction, making a total of ten members, and
WHEREAS, the Common Council directed that such study group and its chair be nominated
by a joint City-Town nomination committee consisting of the Mayor, the Supervisor, one
Common Council member, and one Town Board member, and
WHEREAS, the nomination committee, consisting of Mayor Carolyn K. Peterson, Supervisor
Cathy Valentino, Alderperson Mary Tomlan, and Councilor Peter Stein, put �forward the
names of eight "at-large" study group members, and
WHEREAS, the Common Council and the Town Board voted at their respective meetings of
October 4, 2006, and October 14, 2006, to name those eight persons as :>tudy group
members, � being Lois E. Chaplin, Paul R. Eberts, Nathan Fawcett, Randy Haus, Tom
Niederkorn, Wendy Skinner, Stuart W. Stein, and Constance V. Thompson, and
WHEREAS, two of those members, Randy Haus and Wendy Skinner, have since found that
they are unable to serve, and
WHEREAS, the nominating committee has agreed to put forward the names of Ellen
McCollister and Diane Bruns as study group members; now, therefore, be it
RESOLVED, That the Town Board of the Town of Ithaca concurs in the naming of Ellen
McCollister and Diane Bruns to the City-Town joint study group.
MOVED:
Councilman Stein
33
SECONDED
March 12, 2007 Town Board Meeting
Approved Apri! 9, 2007
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman
Leary, aye. Motion carried.
No. 15 — Ci
truck (Attachment #6 — bid results)
�roval of bi�
:hase a medi
dum
TB RESOLUTION NO. 2007-053: Acceptance of Bid for a New Medium Duty Dump
Truck
WHEREAS, six bids were received for a new medium duty dump truck; and,
WHEREAS, the Highway Superintendent has reviewed the bids, and Ferrario Ford is the only
bidder who complies with the bid specifications; and,
WHEREAS, upon the Highway SuperintendenYs findings, he recommends that the Town
Board of the Town of Ithaca accept the bid of a new medium duty dump truck from Ferrario
Ford; now therefore be it,
RESOLVED that the Town of Ithaca Town Board accepts the respective bid from Ferrario
Ford; and be it further,
RESOLVED, that the Highway Superintendent is hereby authorized and directed to purchase
a new medium duty dump truck with the $ 71,662.00 to be taken 60 percent from the
DB5130.200 account, 20 percent from the A7110.201 account, 10 percent from F8340.200
account and 10 percent from G8120.200 account.
MOVED:
SECONDED
Supervisor Valentino
Councilman Stein
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
Aqenda Item iVo. 16 — Consider formalizing the name of Birchwood Drive
In response to questions from Mr. Engman, Ms. Valentino reported that they have touched
base with the residents.
TB RESOLUTION NO. 2007-054: Naming of Birchwood Drive
WHEREAS, Birchwood Drive was accepted by the Town Board as Birchwood Drive in 1972;
and
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March 12, 2007 Town Board Meeting
Approved April 9, 2007
— WHEREAS, the extension of Birchwood Drive from the intersection of Briarwood C►rive to the
dead end (480 feet) was accepted in 1993 as Birchwood Drive South; and
WHEREAS this has lead to confusion in many databases with the Town, 911, Post Office,
Assessment, and in the phone book; and
WHEREAS to straighten out the confusion, the Highway Superintendent suggests naming the
entire road Birchwood Drive; now therefore be it
RESOLVED that the Town Board of the Town of Ithaca hereby continues the name
Birchwood Drive (.34 miles) and renames Birchwood Drive South (480 feet) to Birchwood
Drive.
MOVED:
SECONDED
Supervisor Valentino
Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motian carried.
ABSENT: Councilman Burbank
Aqenda Item No. 17 — SEQR re road exchanqe aqreerv�ent with Tompkins Coiunty (7#6 —
SEQR1
Mr. Noteboom reported that they had prepared a SEQR for the swap of Bundy Road for
Game Farm Road and Burns Road. They found no impact.
TB RESOLUTION NO. 2007-055: Approval of SEQR for Road Exchancte Aqre�ement with
Tompkins Countv (#8 — Road Exchanqe Aqreement, Map, and "Cost of Rebuildinq
Roads"
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby accept� the SEQR
prepared by Fred Noteboom, Highway Superintendent, as presented at the Marc;h 12, 2007
Town Board meeting.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Erigman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motic�n carried.
ABSENT:
Councilman Burbank
Aqenda Item No. 18 — Consider Road Exchanqe Aqreement with Tompkins Coun
35
March 12, 2007 Town Board Meeting
Approved Apri! 9, 200�
Mr. Stein told the Board that Mr. Noteboom had attempted to calculate what the financial
liability / effect of this swap would be and it looks like it is a pretty even swap. There are
ways that are more accurate to look at the individual characteristics of the road and it's Mr.
Noteboom's opinion that if they took that look they are likely to find out that it is not an even
swap and it's to the Town's advantage:
Ms. Brock asked that the Town's segment of Game Farm Road be changed from .6 of a mile
to .4 of a mile in the second whereas. Mr. Stein was fine with the change.
TB RESOLUTIOiV NO. 2007-056 : Resolution Transferrinq Control and Supervision Over
Burns Road and Section of Game Farm Road to Tompkins Countv and Acceptinq
Reversion of Bundv Road to the Town of Ithaca
WHEREAS, the Town of Ithaca has control and supervision over Burns Road in the
Town of Ithaca, which is 1.14 miles long and,
WHEREAS, the Town of Ithaca has control and supervision over one section of Game
Farm Road in the Town of Ithaca, beginning at Ellis Hollow Road and running north 0.4 miles,
and
WHEREAS, the Town of Dryden and Tompkins County each have control and
supervision over the other two other sections of Game Farm Road, and
WHEREAS, Tompkins County has control and supervision over Bundy Road (also
known as County Road 138) in the Town of Ithaca, which is 2.19 miles long, and
WHEREAS, the Tompkins County Commissioner of Public Works and Town of Ithaca
Highway Superintendent have held discussions about the exchange of roads so that the
Town would have control and supervision over Bundy Road, which with its low levels of traffic
should be a local road, and Tompkins County would have control and supervision over Burns
Road and the Town's section of Game Farm Road, which with their higher levels of traffic
should be County roads,
WHEREAS, the Town of Ithaca has the authority to transfer control and supervision
over Burns Road and its section of Game Farm Road to Tompkins County pursuant to
General Municipal Law §§ 115, and
WHEREAS, Tompkins County has the authority to eliminate Bundy Road from the
Tompkins County road system and allow control and supervision over that road to revert to
the Town of Ithaca upon the Town of Ithaca's agreement pursuant to General Municipal Law
§ 115-b, and
WHEREAS, the Town of Ithaca's transfer to Tompkins County of control and
supervision over Burns Road and the Town of Ithaca's section of Game Farm Road, and the
Town of Ithaca's acceptance of the reversion of Bundy Road to the Town, are in the Town of
Ithaca's interest because Burns Road and Game Farm Road carry high volumes of traffic,
whereas Bundy Road carries low volumes of traffic, and the Town Highway Superintendent
estimates the transfer would result in equivalent or lower maintenance costs for the Town
KZ:�
even though
transfer, and
March 12, 2007 Town Board Meeting
Approved April 9, 2007
it would have more miles of road under its control and supervision after the
WHEREAS, the Town of Ithaca's transfer to Tompkins County of its section of Game
Farm Road further is in the Town of Ithaca's interest because it is not efficient for the Town of
Ithaca to maintain its small section of that road while Tompkins County and the Town of
Dryden maintain their respective sections of that road, and
WHEREAS, a draft agreement between the Town of Ithaca and Tompkins County for
the exchange of said roads is attached to this resolution, and
WHEREAS, pursuant to the New York State Environmental Quality F�eview Act
("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the Town and County's
exchange of Burns Road and the Town of Ithaca's section of Game Farm Road for Bundy
Road is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead
agency in an environmental review with respect to said exchange, has on March 12, 2007
made a negative determination of environmental significance, after having reviewed and
accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by
the Town's Highway Superintendent;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby approves �he transfer
of control and supervision over Burns Road and the Town of Ithaca's section of C3ame Farm
Road to Tompkins County to be maintained by Tompkins County, and the Town Board
authorizes the elimination of these roads from the Town of Ithaca's official highway map once
such transfer is effective, and it is further
RESOLVED, that the Town Board of the Town of Ithaca hereby accepts control and
supervision over Bundy Road, agrees to maintain Bundy Road as a Town road, and
authorizes the addition of this road to the Town of Ithaca's official highway map, all to be
effective after Bundy Road has reverted to the Town, and it is further
RESOLVED, that the Town Supervisor is authorized to execute the attached
agreement, subject to the approval of the Attorney for the Town, and it is fu�ther
RESOLVED, that the transfer and acceptance of control and supervision over these
roads as described above shall become effective at the specified time in said agr�ement.
MOVED:
SECONDED
Roll Call Vote
Councilman Stein
Supervisor Valentino
Supervisor Valentino
Councilwoman Leary
Councilman Cowie
Councilwoman Gittelman
Councilman Burbank
aye
aye
aye
aye
absent
37
March 12, 2007 Town Board Meeting
Approved Apri! 9, 2007
Councilman Stein
Councilman Engman
aye
aye
Motion carried.
Aqenda Item iVo. 19 — Consider Appointment of Local Advisorv Board of Assessment
Review
TB RESOLUTION iVO. 2007-057: Appointments to Local Advisorv Board of Assessment
Review
WHEREAS, the Town of Ithaca Local Advisory Board of Assessment Review will hold
their review proceedings on the 17th day of May 2007, at Ithaca Town Hall, 215 North Tioga
Street, Ithaca, New York; and
WHEREAS, it is necessary that the Town Board of the Town of Ithaca appoint two
representatives to attend the said proceedings; now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca hereby appoints Councilman
Engman and Councilman Cowie to serve on the Local Advisory Board of Assessment
Review; and, be it further
RESOLVED, the Town Boar� of the Town of Ithaca appoints Councilwoman Leary to
serve as alternate representative; and, be it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified
copy of this resolution to the Tompkins County Assessment Department.
MOVED:
SECONDED
Supervisor Valentino
Councilman Stein
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
Aqenda Item No. 20 - Discussion of possible attendance at Wallcable Communities
Conference (Attachment #9 — Creatinq Walkable Communities)
Ms. Leary brought the Board attention to the program agenda
Ms. Valentino felt attendance would be affordable if people
program is being offered in Corning. People interested in
Leary; the registration deadline is March 23`d
sent to them in their packets.
did not stay over night. The
attending should contact Ms.
Aqenda Item iVo. 21 - Consider resolution opposinq proposed federal and state
leqislation that would eliminate authority for local qovernments to collect franchise
fees
The item was deferred.
:�
March 12, 2007 Town Board Meeting
Approved April 9, 2007
Aqenda Item No. 22 - Consider proposed Citv, Countv, and Town resolution on the
need for unemployment insurance reform
The Board discussed the resolutions approved by Tompkins County and the� Common
Council. The Board agreed to consider the County's resolution. Ms. Leary asked that the
following language be added to the second resolved: "indexed annually to inflation" along
with a few grammatical changes. There were no objections from the Board.
TB RESOLUTION NO. 2007-058: NEED FOR UNEMPLOYMENT INSURANCE REFORM
WHEREAS, a strong unemployment insurance program maintains the >tandard of
living of working families, boosts communities and empowers the redeploym�nt of New
York's workforce into good jobs, and
WHEREAS, New York's maximum unemployment benefit has been frozen at $405 per
week since 1998, leaving New York as 48th out of 50 states in protecting its work:ers against
the financial impact of job loss, and
WHEREAS, only 41 percent of the jobless receive benefits at all, leaving hundreds of
thousands left out each year, and
WHEREAS, many hundreds of hourly-paid employees of educational in.stitutions in
Tompkins County are denied any unemployment benefits during long periocls of layoff
between school terms and on school breaks, and
WHEREAS, most other hourly-paid workers are eligible for unemployment benefits
when temporarily laid off, including workers doing exactly the same jobs as hourly-paid
employees of educational institutions, now therefore be it
RESOLVED, That the County of Tompkins calls on our State Legislators, the Governor
and the Labor Commissioner to enact measures to bring significant reform to our
unemployment insurance system,
RESOLVED, further, That this reform should include a meaningful incr�ase in the
maximum benefit indexed annually to inflation as well as an increase in the calculation for
lower wage workers,
RESOLVED, further, That this reform should include elimination of the denial of
access to unemployment benefits for hourly paid employees of educational institutions and
some part-time agricultural workers,
RESOLVED, further, That this reform should include expanded opportunities for
jobless workers to complete job training programs to upgrade their skills,
� RESOLVED, further, That this reform should provide improved access at all levels of
the system to workers with limited English-speaking skills,
March 12, 2007 Town Board Meeting
Approved April 9, 2007
RESOLVED, further, That this reform should clarify what constitutes income to
persons receiving unemployment,
RESOLVED, further, That this reform should ensure solvency of the Unemployment
Insurance Trust Fund.
MOVED:
SECONDED
Supervisor Valentino
Councilwoman Leary
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT: Councilman Burbank
Aqenda Item No. 23 - Consider authorization to extend contract aqreement with Nicole
Tedesco to provide consultinq services reqardinq completion of the Transportation
Plan
TB RESOLUTION NO. 2007-059: AUTHORIZATION TO EXTEND THE CONTRACT
AGREEIVIE(VT WITH NICOLE TEDESCO TO PROVIDE CONSULTING SERVICES
REGARDING CONIPLETIOiV OF THE TRANSPORTATION PLAN
WHEREAS, the Town of Ithaca Town Board authorized the Town Supervisor to sign a
contract agreement with Nicole Tedesco for consultant services on a limited basis for the
Town of Ithaca to ensure a reasonable transition regarding the adoption of the Town of Ithaca
Transportation Plan from January 1, 2007 through March 31, 2007 to be billed on an hourly
basis at a rate of $23.11 per hour for an amount not to exceed $1,800.00 in total to
compensate Nicole Tedesco for services rendered, payable from Account # B8020.406
(Planning Study) (TB Resolution No. 2006-265); and
WHEREAS, a contract for the above-described services was signed by the Town of
Ithaca and Nicole Tedesco for the term of January 1 through March 31, 2007, and
WHEREAS, the Town of Ithaca Transportation Committee met on February 23, 2007
to discuss the completion of the Transportation Plan (Plan) and determined that additional
time will be required to revise the Plan before it is sent back to the Town Board for
consideration; and
WHEREAS, the Transportation Committee recommends that the above-referenced
contract with Nicole Tedesco be extended through May 31, 2007 in order to ensure the
completion of the Plan, and
WHEREAS, it has been determined by the Director of Planning that said contract
extension can be implemented with the same amount of funding not to exceed $1,800.00 in
total; now, therefore, be it
,:
;.
,
March 12, 2007 Town Board Meeting
Approved April 9, 2007
RESOLVED, the Town Board of the Town of Ithaca does hereby authorize the Town
Supervisor to sign an extension of the above-referenced contract agreement with Nicole
Tedesco for the above-described consultant services through May 31, 2007 to be billed on an
hourly basis at a rate of $23.11 per hour for an amount not to exceed $1,800.00 in total to
compensate Nicole Tedesco for services rendered, payable from Account # f38020.406
(Planning Study).
MOVED:
SECONDED:
Councilman Stein
Councilwoman Leary
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
Aqenda Item No. 24 — Consent Aqenda
TB RESOLUTION NO. 2007-060: Consent Aqenda Items.
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or
adopts the following resolutions for Consent Agenda Items as presented:
L•
,•J
e
f.
�
MOVED:
SECONDED
Town of Ithaca Minutes
Town of Ithaca Abstract
Bolton Point Abstract
Approval of Records Disposition List
Spring brush pick up
Funding for Town newsletter insert concerning inventorying T��wn scenic
resources
Provisional appointment of Finance Manager
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Er�gman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT: Councilman Burbank
TB RESOLUTION NO. 2007-060a: Town Board Minutes of Februarv 5, 2007 and
February 12, 2007
WHEREAS, the Town Clerk has presented the minutes for the Special l(own Board
meeting held on February 5, 2007 and the Regular Town Board meeting held c�n February
41
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
12, 2007 to the governing Town Board for their review. and approval of filing; now therefore
be it
RESOLVED, the Town Board does hereby approve for filing the minutes for the
meetings held February 5, 2007 and February 12, 2007 as presented at the March 12, 2007
board meeting.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
TB RESOLUTION NO. 2007-060b: 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. 3347 - 3459
General Fund Townwide
General Fund Part Town
Highway Fund Part Town
Water Fund
Sewer Fund
Fire Protection Fund
Forest Home Lighting District
Glenside Lighting District
Renwick Heights Lighting District
Eastwood Commons Lighting District
Clover Lane Lighting District
Winner's Circle Lighting District
Burleigh Drive Lighting District
Westhaven Road Lighting District
Coddington Road Lighting District
$ 74,695.97
$ 8,378.35
$ 69,687.94
$ 46,258.59
$ 24,009.46
$655,800.45
$ 110.70
$ 43.23
$ 61.52
$ 144.42
$ 17.19
$ 56.19
$ 57.94
$ 176.35
$ 105.12
TOTAL: $ 879,603.42
MOVED:
Councilman Stein
C�Ya
r
i,
;
,,:
�
SECONDED
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motior� carried.
ABSENT:
Councilman Burbank
TB RESOLUTION NO. 2007-060c: Bolton Points Abstract
WHEREAS, the following numbered vouchers for the Southern Cay�uga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of paymenf; and
WHEREAS, the said vouchers have been audited for payment by the ;said Town
Board; now, therefore, be it
RESOLVED, that the Town
vouchers.
Voucher Numbers: 11, 73-131
Board hereby authorizes the payment or the said
Check Numbers: 9766, 9847-9854, 9857-9907
Operating Fund $ 147,249.33
1998 SCADA Capital Proiect $ 4,875.56
TOTAL $ 152.124.89
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Enc�man, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motio�n carried.
ABSENT: Councilman Burbank
TB RESOLUTION NO. 2007-060d: Records Manaqement Dispositioin Listinq
(Attachment #10 — Records Disposition Listinq)
WHEREAS, the Records Management Officer has determined that the attached listing
of outdated and duplicate copies of records are eligible for disposition according t�o the State
Archives and Records Administration (SARA) Records Retention and Dispositior� Schedule
MU-1; and
43
March 12, 2007 Town Board Meeting
Approved Apri19, 2007
WHEREAS, the Town Supervisor, Records
Department Heads have reviewed and approved
therefore, be it
Management Officer (Town Clerk),
the disposition of the said records;
and
now,
RESOLVED, the governing Town Board does hereby authorize and direct the Records
Management Officer to dispose of the records as described in the atfached listing according
to the procedure developed by SARA.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
TB RESOLUTION fVO. 2007-060e: Sprinq Brush and Leaf Collection
Whereas, the Highway Department provides yard refuse disposal services for the
Town of Ithaca residents, and
Whereas, twice annually the Highway Department collects brush and leaves from
roadsides, now, therefore be it
Resolved, that the spring brush and leaf collection by the Highway Department will
commence on Monday, April 16, 2007 until finished.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT: Councilman Burbank
TB RESOLUTION NO. 2007-060f: APPROVAL FOR FUIVDING OF TOUVN NEWSLETTER
INSERT CONCERNING IIVVENTORYING OF TOWN SCENIC RESOURCES
WHEREAS, the Scenic Resources Committee of the Conservation Board has been working
on inventorying and evaluating scenic views in the Town, as well as researching options for
how best to protect these scenic resources, and
March 12, 2007 Town Board Meeting
Approved April 9, 2007
WHEREAS, the Committee strongly feels that input from Town resident's is an intec�ral part of
i this project, and that the Town's newsletter provides the ideal vehicle for informing residents
and encouraging their involvement, and
WHEREAS, the Committee has produced a double-sided 8.5x11 insert for the 21)07 spring
newsletter for the above stated purposes, at a cost of approximately $800 for printing, and
$200 for additional handling of the newsletter, and
WHEREAS, this additional cost was not factored into the 2007 budget line-ite�m for the
Town's newsletter, therefore be it
RESOLVED, that the Town Board approves funding for the spring 2007 Town newsletter
insert, as developed by the Scenic Resources Committee, at a cost not to excE�ed $1000
charged to Account A1670.412, and
BE IT FURTHER RESOLVED, that the Town Board authorizes and di�ects the To�nrn Budget
Officer to record and increase the 2007 newsletter budget line A1670.412 for the additional
$1000 cost.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motiori carried.
ABSENT: Councilman Burbank.
TB RESOLUTION NO. 2007-060q: Provisional Appointment of Finance Manaqer-
SCLIWC
WHEREAS, there is presently a vacancy in the full time position of Finance Manager
in the Administration Department at the Southern Cayuga Lake Intermunicipal Water
Commission; and
WHEREAS, the SCLIWC
solicitation process as there w�
County Civil Service; and
interview committee interviewed candidates through the
� not a certified eligible listing available from Tompkins
WHEREAS, SLIWC appointed at the March 8, 2007 meeting, Pamela Van Gelder as
Finance Manager; and
WHEREAS, the said position is appointed provisionally, therefore, the appointee will
need to be one of the top three reachable candidates from the next civil service ex;am for the
said position; now therefore be it
45
March l2, 2007 Town Board Meeting
Approved April 9, 2007
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the
provisional appointment of Pamela Van Gelder as the Finance Manager for the
Administrative Department at SCLIWC, retroactive to March 5, 2007; and be it further
RESOLVED, this is a 40 hours a week position, at the salary of $54,000, from account
number SW8310.100, in Job Classification "P", with full time benefits; and be it further
RESOLVED, the said appointment is a provisional appointment pending the results
from the next civil service exam for this position.
MOVED:
SECONDED
Councilman Stein
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
Agenda Item No. 26 — Closed session to seek advice of counsel
TB RESOLUTION NO. 2007-061: Enter closed session
BE IT RESOLVED, that the Town Board of the Town of Ithaca enters closed session at 9:22
p.m. to seek advise of counsel.
MOVED:
SECONDED
Supervisor Valentino
Councilman Cowie
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
Councilman Burbank
TB RESOLUTION NO. 2007-062: Return to Open Session
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby returns to open
session at 9:31 p.m.
MOVED:
SECONDED
Supervisor Valentino
Councilwoman Leary
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
ABSENT:
March 12, 2007 Town Board Meeting
Approved April 9, 2007
Councilman Burbank and Councilman Stein
Aqenda Item No. 26 - Discussion of contract with Finqer Lakes Land Trust tc> consider
preservation of open space
Ms. Valentino stated it was problematic to her to take $10,000 of the Town's mc►ney to put
into the Land Trust's Fund; the Town is not really buying anything. She thoughi� the Town
needed to sit down and figure out some real parameters of what kinds of things the Town
should be doing with the Open Space Reserve Funds.
Mr. Engman stated he was very much in favor of helping with this project. He thought the
considerations the Town gets out of it are: 1) it is part of the agreement with the County for
public access, 2) the Town is enhancing the use of the Gateway Trail because it �r✓ill connect
to the trail at Buttermilk Falls State Park and then go through this property and cc�nnect with
the Finger Lakes Trail. He thought another advantage with the project is that we encourage
the Land Trust to do this sort of thing. If they find that municipalities and others are not going
to be there when they take the initiative they will not do it. This is the very fir:�t time the
County has put money into this sort of protection project and Mr. Engman thought partnering
with them is to the Town's advantage because when the Town has project that it wants, we
may be able to work with them to do something we can't do. Mr. Engman was proposing
$20,000 not $10,000. The Town now has $360,000 in its open space account sc> it is not a
significant chunk of that money.
Mr. Engman moved that the Town partner with the County in the amount of $2Q,000. Mr.
Stein seconded the motion.
TB RESOLUTION NO. 2007-063: Partner with Coun$v and Finqer Lakes Land Trust
reqardinq maintaininq open space
BE IT RESOLVED, that the Town Board of the Town of Ithaca partner with Tompkins County
to give $20,000 to the Babcock property open space project.
MOVED:
SECONDED
No vote taken.
Councilman Engman
Councilman Stein
Ms. Valentino offered a substitute motion reducing the amount to $10,000. ThE;re was no
second.
Ms. Valentino reported discussing this issue with the Association of Towns' attorneys at the
Annual Meeting. All five of the attorneys at the meeting told her the Town should inot do this.
First of all, the Town has to make sure that it has consideration; that the Towri is getting
something for the money, by putting money into the Land Trust's fund it is pretty hard to say
you are getting something for your money. What has happened in other communities is that
they have gotten into legal problems because land trusts have taken the money a,nd spent it
some place else. Mr. Valentino thought the Town has worked with and helped the Land Trust
47
March l2, 2007 Town Board Meeting
Approved Apri19, 2007
in many ways. It is the very first time the County has ever done anything like this to preserve
any land and Ms. Valentino commended them for doing that. �
Ms. Leary stated she was convinced by Mr. Engman's argument that the Town has enough
consideration. She was a little nervous about the amount. She asked why not $10,000. Mr.
Engman told her the County has $45,000 in its open space account, the Town has $360,000.
Ms. Valentino questioned Mr. Engman's reasoning stating that the Town should not be hurt
because we have been frugal and thought about this for a long time and put money aside for
some very important projects for the Town of Ithaca. (turn tape) Mr. Stein asked Ms. Brock if
she had heard the same thing as Ms. Valentino did from the Association of Towns' attorneys.
Ms. Brock stated she was not at the same session. Ms. Valentino stated the attorneys did
not say it was illegal. Ms. Valentino was not sure whether there was enough of a
consideration to justify the proposed expenditure. Mr. Stein asked Ms. Brock if she had a
comment on the issue. Ms. Brock thought they had to show that the Town residents would
benefit and that the benefit is commensurate with the amount of money that the Town is
spending. It seemed premature to Ms. Brock to approve the amount without knowing exactly
what the mechanism is for the agreement to be consummated. Ms. Brock stated the Board
could authorize her to negotiate an agreement which the Supervisor would then sign or they
could request the agreement be brought to the Board for approval before the Supervisor
signs it. Ms. Valentino stated she would like it to come back for Board approval prior to her
signing it.
Mr. Kanter asked if it was possible that the agreement on the payment to the Finger Lake
Land Trust could be somehow conditioned on the $20,000 being spent within the Town of
Ithaca on future project; in other words, like a revolving fund within the Town of Ithaca. Mr.
Kanter asked if that was possible and appropriate. Ms. Valentino told him that was one of the
things that the other municipalities had in their agreements and where they have gotten into
law suits with the land trust because they did not follow through on spending the $20,000
within the municipality. Mr. Stein was not sure he'd want to put that restriction in the
agreement stating one can have a broader view of what benefits members of the Town.
Mr. Stein added an amendment to Mr. Engman's motion giving Ms. Brock the authority to
draft a resolution that satisfies the required conditions to spend money in this way and bring
that agreement back to the Board for their approval. Ms. Brock offered to draft the language
for the resolution.
Ms. Leary stated concern that there is such a shortfall between what the Town's Park and
Open Space the needs it identifies and what the Board can expect in the Town budget. She
cautioned against biting off more than the Town can chew as far as parks go and having to
rely on volunteers and such things to maintain the parks. They have not gotten that question
settled. She'd rather see more money go to the parks that are designated than giving the
money away to another group. Though she likes the idea of the Finger Lakes Land Trust she
was unsure whether $20,000 is the right figure.
Mr. Engman felt this was the cheapest investment the Town would get. If the Town invested
in one of their own parks that means the Town has to maintain it. In this case all the Town
has to do is help establish it and somebody else will do all of that. Ms. Valentino stated Mr.
Engman made a good point.
.•
;
March 12, 2007 Town Board Meeting
Approved April 9, 2007
Aqenda Item No. 27 — Report of Town Committees
Ethics Board
Ms. Leary and Ms. Valentino volunteered to interview the two interested Ethics Board
candidates.
Agriculture Committee
Mr. Engman reported that Debbie Teeter will be scheduling a meeting to figure out whether
they want to update the Town's Agricultural Plan.
Capital Projects and Fiscal Planning
Ms. Valentino stated she would be contacting Mr. Engman and Mr. Stein to se�t meeting
dates.
Aqenda Item No. 29 — Report of Town Officials (Attachment #11 — monthly rep�rts)
The Board received written reports in their packets. There were no question from the Board
for any of the officials.
Mr. Walker reminded the Board of the March 29th Public Officials Conferpnce and
encouraged them to attend.
There will be a March 27th public meeting for the final plan review for the Hanshaw Road
project. The meeting will be held at the DeWitt Middle School.
Ethics Disclosure
Ms. Hunter reminded the Board of the deadline for submission of their Ethics Uisclosure
Statements.
Aqenda Item No. 26 - Discussion of contract with Finqer Lakes Land Trust to consider
preservation of open space (continued)
TB RESOLUTION NO. 2007-065: Partner with Countv and Finqer Lakes Land Trust
regardinq maintaininq open space
RESOLVED, that the Town Board of the Town of Ithaca agrees to explore partnering with
Tompkins County in the amount of $20,000 to assure the Babcock property purchased by the
Finger Lakes Land Trust will be maintained as open space and will be open to the public, and
be it further
RESOLVED, that the Town Board authorizes the Attorney for the Town and Town Supervisor
� to negotiate an agreement with Tompkins County and the Finger Lakes Land Trust to
, accomplish said purposes, which agreement shall be brought back to the Town E3oard for
approval.
MOVED:
Councilman Engman
SECONDED
March 12, 2007 Town Board Meeting
Approved Apri! 9, 2007
Supervisor Valentino
VOTE: Supervisor Valentino, aye; Councilwoman Gittelman, aye; Councilman Engman, aye;
Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried.
IRS Audit
Mr. Carvill informed the Board that he will be meeting with an IRS auditor later in the month.
They want to look at payroll, tax withholdings, reportable 1099s, vendor payments. Mr.
Carvill will report further to the Board at the April meeting.
Adiournment
On motion by Councilman Stein the meeting was adjourned at 10:00 p.m.
Respect �bmitted
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Tee-Ann Hunter
Town Clerk
50
T01A/�l OF ITHACA
TOVVN BOARD
SIGN-IN SHEET
�ATE: AAonday, March 12, 2�07
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINI�'TES)
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TOW0�1 OF ITHACA
TOWN BOAR�
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�ATE: Mondny, Mnrch 12, 200i
(PLEASE P�QINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME
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TOVVN OF IYFiACA
�4F�IDAVIT OF POSTING AND PUBLICAiIOIV
I, Carrie Coates Whitmore, being duly sworn, say that I am the
Town of Ithaca, Tompkins County, New York that the following nc
on the sign board of the Town Clerk of the Town of Ithaca and
published in the official newspaper, Ithaca Journal:
ADVERTISEMENT:
Deputy Town Clerk of the
►tice has been duly posted
the notice has been duly
NOTICE OF PUBLIC HEARING: Proposed
Local Law amending Chapter 270 of the Town
of Ithaca Code, entitled "Zoning", regarding
the use of Planning Board Alternat�e Members
Location of Sign Board Used for Posting: Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: Friday, February 16, 2007
Date of Publication: Monday, Fp�+������ ��, �9�
�zb� ����
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
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C���c.i �et
Carrie Coates V 1 i nore
Deputy Town Clerk,
Town of Ithaca
Sworn to and subscribed before me this 20th day of,�e�ruary, 2007.
PAULETTE NEILSEfd
Notary Public, State of New Yo�1c
No. Oi NE6156809
pualified in Tioga CouMy
Commission Expires December 4, 20,(C,
� TOWN OF ITHACA ,
� : NOTICE'OF .- ` '
" PUBLIC HEARING �
NOTICE IS WEREBY GIVEN;
thpt the iown Board oP the'
Town:"of Ithacd.will`hold a`�
public hearing at fhe'Ithaca`,
Towri " Hall,' 2;15. 'Noithe`
iiogp :Sfreet, IfHaca,, New�
Yo�k; on-the 12th; day of.'
March, dt 7:00 p.m. forE
ttie purpose :of considering�
'a: :proposed 1ocaL` lawr
Amending Chapter 270 of'
the Town of-Ithdca 6ode,'i
entitled "Zoning",. regard''
ing�:fhe- use ob'Planning;
!BoarcJ' Alternate Mem6eFs,'
and..
_ FURTHER,NOTICE IS GIV-�
,�,�a-�. . . ' .
..-..2..�. � . .-. .
EN tfiat.at.such�:fime and
Place all persons interested
in, the:proposed';local'•law'
may :be heard concerriirig
the same, and'
�FURTHER NOTIGE 15 GIV-
EN, tfiat individuals with vis;
upf or hearing impairments,
oc ,other special needs will'
be pro`vided witk�dssistance.
as necessary,.upon.request.
Persons desiring 'assistance.
musf make a �equesf to-ihe:
Town Clerk not less fhan:48`
hours'prioc',to the iime'of
the_publicheqring::; ''.,;:'
7'ee-Ann`Hunier
Town Clerk - .. .
Dated: February .1;6, 2pp7,
2/.19/07 .
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March 12, 2007 Town Board Meeting
;T: _ G. MI L.L:E R P. C.
Engineers and Surveyors
March 7, 2007
Town of Ithaca
Attn: Mr. Dan Walker, P.E.
215 N. Tioga Street
Ithaca, New York 14850
Re: Agreement for Engineering Services
Briarwood II Subdivision
Dear Mr. Walker,
ATTACHMENT #2
Allen T. Fulkerson, L.S.
David A. Herrick, P.E.
Lee Dresser, L.S.
Frank L. Santelli, P.E.
Andrew J. Sciarabba, P.E.
Darrin A. Brock, L.S.
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We are pleased to submit to the Town of Ithaca the enclosed Agreement to render professional services
in connection with a technical review of the Stormwater Pollution Prevention Plan for the proposed
Briarwood II Subdivision. The services to be provided, the duties and responsibilities of the parties,
payment terms, and time of performance, are detailed in the Agreement. Enclosed are two original
copies for your review, comments and concurrence.
We will commence our services promptly upon receipt of your acceptance of this proposaL To indicate
your acceptance, please sign in the space(s) provided in the Agreement, initial each Exhibit, and return
one original signed copy of the Agreement for our records.
Feel free to contact me with any questions. Thank you for this consideration.
Sincerely,
�
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David A. Herrick, P.E.
Vice President
Enclosures: Standard Form of Agreement (2)
203 North Aurora Street ■ Ithaca, New York 14850
Telephone (607) 272-6477 ■ Fax (607) 273-6322 ■ www.tgmillerpc.com
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STANDARD FORM OF AGREEMENT
BETWE�N
OWNER AND E1�IGINEER
FOR
STUDY AND REPORT PHASE
PROFESSIONAL SERVICES
This is an Agreement effective as of
between the Town of Ithaca ("OWNER") and T G. Miller P.C. ("ENGINEER").
("Effective Date")
OWNER retains ENGINEER to perform professional services, in connection with a technical review of the
Stormwater Pollution Prevention Plan for the Briarwood II Subdivision in the Town of Ithaca ("Assignment").
OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows:
ARTICLE 1--ENGINEER'S SERVICES
1.01 Scope
A.
B.
Exhibit SR-A.
ENGIIVEER shall provide the services set forth in Exhibit SR-A.
Upon this Agreement becoming effective, ENGINEER is authorized to begin services as sel: forth in
C. If authorized in writing by OWNER, and agreed to by ENGINEER, services beyond the scope of this
Agreement will be performed by ENGINEER for additional compensation.
ARTICLE 2--OWNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set forth herein and in Exhibit SR-A.
ARTICLE 3--TIMES FOR RENDERING SERVICES
3.01 ENGINEER's services will be performed within the time period or by the date stated in Exhibit SR-A.
3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be
entitled to equitable adjustment of the time for performance and rates and amounts of compensation provided for
elsewhere in this Agreement to reflect reasonable costs incurred by ENGINEER in connection with, among other things,
such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been
revised.
ARTICLE 4--PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services of ENGINEER.
fl
A. OWNER shall pay ENGINEER for services rendered under this Agreement as follows:
1. An amount e.qual to the cumulative hours charged to the Assignment by each class of
ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services performed on the
Assignment, plus Reimbursable Expenses, estimated to be $250. The total compensation under paragraph 4.O1.A.1 is
estimated to be $4,000.
2. ENGINEER's Schedule of Hourly Rates and Reimbursable Expenses is attached to this
Agreement as Exhibits SR-C.
3. The amounts billed for ENGINEER's services will be based on the cumulative hours charged to
the Assignment during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for
each applicable billing class, plus Reimbursable Expenses.
4.02 Other Provisions Concerning Payment
A. Estimated Compensation Amounts.
1. ENGINEER's estimate of the amounts that will become payable are only estimates for planning
purposes; are not binding on the parties, and are not the minimum or maximum amounts payable to ENGINEER under
the Agreement.
2. When estimated compensation amounts have been stated herein and it subsequently becomes
apparent to ENGINEER that a compensation amount thus estimated will be exceeded, ENGINEER shall give OWNER
written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of services remaining to
be performed and compensation for such services. OWNER shall either agree to such compensation exceeding said
estimated amount or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by
ENGINEER, so that total compensation for such services wiil not exceed said estimated amount when such services are
completed.
B. Adjustments
1. ENGINEER's compensation is conditioned on time to complete the Assignment not exceeding the
time identified in Exhibit SR-A. Should the time to complete the Assignment be extended beyond this period due to
reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be
appropriately adjusted.
2. If used, the Schedule of Standard Hourly Rates and Reimbursable Expenses will be adjusted
annually (as of July 1") to reflect equitable changes to the compensation payable to ENGINEER.
C. Reimbi�rsable Expenses. Reimbursable Expenses means the actual expenses incurced by ENGINEER in
connection with the Assignment, including the categories and items listed in Exhibit SR-C, and if authorized in advance
by OWNER, overtime work requiring higher than regular rates.
D. For Additional Services. OWNER shall pay ENGINEER for all services not included in the scope of this
Agreement on the basis agreed to in writing by the parties at the time such services are authorized by OWNER.
�
ARTICLES--DESIGNATED REPRESENTATIVES
5.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific
individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or fumished by
ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit
instructions, receive information, and render decisions relative to the Assignment on behalf of their respective party.
ARTICLE 6--CONTENT OF AGREEMENT
6.01
pages.
6.02
The following Exhibits are incorporated herein by reference:
A. Exhibit SR-A, "FuRher Description of Services, Responsibilities, Time, and Related Matters," consisting of 2
B. Exhibit SR-B, "Standard Terms and Conditions," consisting of 3 pages.
C. Exhibit SR-C, "Schedule of Standard Hourly Rates and Reimbursable Expenses," consisting of 1 page.
Total Agreement
A. This Agreement (consisting of pages 1 to 3 inclusive, together with the Exhibits identified in paragraph 6.01)
constitutes the .entire agreement between OWNER and ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page 1.
OWNER:
Title:
Date Si ned•
Address for giving notices:
Designated Representative (Paragraph 5.01):
Name:
Title:
Phone Number:
Facsimile Number:
E-Mail Address:
3
ENGINEER:
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Title� �/` C' E ��515.��'� T
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Address for giving notices:
Designated Representative (Paragraph 5.01)
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Phone Number• (ofr] � Z% Z— ����
FacsimileNumber� �O%—Z�]3�%3� Z
This is EXHIBIT SR-A, consisting of 2 pages, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated �
Initial:
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Further Descri tion of Services, Res onsibilities, Time, and Related Matters
Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties:
A.1.01 ENGINEER's Services
A. ENGTNEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and
collect from Owner all available data.
2. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction
relevant to the Assignment.
3. Complete a technical review of the permanent and temporary stormwater management practices
designed by Philip Erik Whitney, P.E. as illustrated on Sheets 1-12 dated 12/26/2006. The review will include a
critique of the hydrologic and hydraulic calculations presented in the January 2007 Storm Water Pollution
Prevention Plan together with the underlying assumptions and methodology. The New York State Stormwater
Management Design Manual and Standards and Specificntions for Erosion and Sediment Control will be the
reference documents for evaluating the adequacy of the proposed permanent and temporary management
practices, respectively.
4. Prepare a letter report (the "Report") to include the following:
i. A statement of the study objectives.
ii. Assessment of the overall site design and stormwater management concepts.
iii. Summary of fmdings pertaining to the hydrologic and hydraulic calculations.
iv. Comparison of the permanent and temporary practice designs with State criteria.
v. Summation of design compliance with referenced standards and identification of deviations, if any.
vi. Identification of potential unpacts to individual lot development.
5. Furnish 10 review copies of the Report to OWNER within 21 days of the Effective Date of this
Agreement and review it with OWNER.
6. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and
furnish 10 final copies of the revised Report to the OWNER within 10 days after completion of reviewing it with
OWNER.
A.2.01 OWNER's Responsibilities
A. OWNER shall do the following in a timely manner, so as not to delay the services of ENGINEER:
1. Provide all criteria and full information as to OWNER's requitements for the Assignment.
2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the
Assignment.
Page 1 of 2 pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters)
;
B. ENGINEER shall be entitled to use and rely upon all such infor►nation and services provided by
OWNER or others in performing ENGINEER's services under this Agreement.
C. OWNER shall bear all costs incident to corr►pliance with its responsibilities pursuant to this
paragraph A.2.01.
A.3.01 Times for Rendering Services
A. The time period for the performance of ENGINEER's services shall be 35 days with milestones established as
follows:
Authorization to Proceed — March 13, 2007
Submit Report — Apri14, 2007
Submit Final Report — April 18, 2007
B. ENGINEER's services under this Agreement will be considered complete when all deliverables set forth
in E�chibit SR-A are submitted to OWNER.
Page 2 of 2 pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time; and Related Matters)
This is EXHIBIT SR-B, consisting of 3 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Study and Report Phase Professional Services dated
Initial:
• '
I ' /..ii�
Standard Terms and Conditions
Article 6 of the Agreement is amended and supplemented to indude the following agreement of the parties:
B.6A1.B Standard Terms and Conditions
1. Standard of Care
The standard of care for all professional services performed or furnished by ENGINEER under this Agreement
will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied,
under this Agreement or otherwise, in connection with ENGINEER's services.
2. Independent Contractor
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement shall
create a contrac[ual relationship with or a cause of action in favor of a third party against either OWNER or
ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit,
and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or
nonperformance of services hereunder.
3. Payments to ENGINEER
Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to
OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of
receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after
receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per
month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition,
ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges.
4. Insurance
ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile
Liability and will provide certificates of insurance to OWNER upon request.
5. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's
o�cers, directors, partners, and employees from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable
court or arbitration or other dispute resolution costs) caused solely by tHe negligent acts or omissions of
ENGINEER or ENGINEER's off'icers, directors; partners, employees, and consultants in the performance of
ENGINEER's services under this Agreement.
b. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER,
ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and
damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other
Page 1 of 3 Pages
(Exhibit SR-B - Standard Terms and Conditions)
.
professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent
acts or omissions of OWNER or OWNER's officers, d'uectors, partners, employees, and consultants with respect
to this Agreement.
c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by,
through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of
ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not
exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER,
ENGINEER, and all other negligent entities and individuals.
6. Dispute Resolution
a. OWNER and ENGINEER agree that they shall first submit any and all unsettled claims, counterclaims,
disputes, and other matters in question between them arising out of or relating to this Agreement or the breach
thereof ("disputes") to mediation.
b. If a party alleges a dispute or controversy with the other party arising out of or relating to the perfonnance of
services under this Agreement, then either party shall have the right to request mediation within 20.days after the
claiming party has provided the other party with written notice describing the dispute and the claiming party's
position with reference to the resolution of the dispute.
c. Except as otherwise agreed, mediation will proceed pursuant to the Construction Industry Mediation Rules of
the American Arbitration Association in effect on the Effective Date of the Agreement. A mediator will be
appointed within 30 days of receipt of a written request. The mediator will endeavor to complete the mediation
within 30 days thereafter.
d. No performance obligation under or related to this Agreement shall be interrupted or delayed during any
mediation proceeding except upon written agreement of both parties.
e. The mediator shall not be a witness in any legal proceedings related to this Agreement.
7. Termination of Convact
Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement.
Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this
Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs.
8. Access
OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER's to enter
upon public and private property as required for ENGINEER to perform services under this Agreement.
9. Ownership and Reuse of Documents
All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of ser��ice, and
ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER
shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all
claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or
by others acting through OWNER.
10. Use of Electronic Media
a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk:
Page 2 of 3 Pages
(Exhibit SR-B - Standard Terms and Conditions)
b. When transferring documents in electronic media format, ENGINEER makes no representations as to long-
term compatibility, usability, or readability of documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this
Assignment.
c. If there is a discrepancy betweernthe electronic files and the hard copies, the hard copies govern.
d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party
delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic
media format after acceptance.by OWNER.
11. Force Majeure
ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for
under this Agreement resulting from any cause beyond ENGINEER's reasonable control.
12. Assignment
Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
13. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal
representatives, executors; administrators, successors, and assigns. -
14. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision. Non-enforcement of any provision by either party shall not constitute a waiyer of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
15. Survival
All express representations, indemnifications, or limitations of liability induded in this Agreement will survive
its completion or termination for any reason.
16. Headings
The headings used in this Agreement are for general reference only and do not have special significance.
17. Controlling Law
This Agreement is to be governed by the law of the state of New York.
18. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on
the signamre page and given personally, or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
Page 3 of 3 Pages
(Exhibit SR-B - Standard Terms and Conditions)
.
This is EXHIBIT SR-C, consisting of 1 page, referred to in and
part of the Agreement between OWNER and EN(�INEER
for Study and Report Phase Professional Servic�es dated
Initial:
• '
. �7 ,:�
Schedule of Standard Hourly Rates and Reimbursable Expenses from July l, 2006 through July 1, 2007 for
Professional Engineering and Surveying Services:
ENGINEERS
Principal Engineer
David A. Herrick, P.E.
Frank L. Santelli, P.E.
Andrew Sciarabba, P.E.
Project Engineer
David G. Putnam
Deborah S. Caraco, P.E. CPESC
Engineering Technician
Thomas L. Tilton
SURVEYORS
Principal Surveyor
Allen T. Fulkerson, L.S.
D. Lee Dresser, L.S.
Surveyor
Darrin A. Brock, L.S.
Surveyor's Aide
Edward D. Ripic
Ian M. Sheive
Survey Crew (2 person)
Schedule of Reimbursable Expenses:
ITEM
Survey Vehicle and Equipment
Prevailing Wage Rate* (surveyors)
Property Monuments (Iron Pin)
Mileage
Plotter/Print Media (All sizes)
Mylar
Bond
Xerographic Copies
Telephone, fax and postage
*Minimum hourly wage rates for Surveyor Aic
York State Department of Labor for public wo
HOURI.Y RATE
.
'•.
,.
.
G, ` 1
$75.
', .1
$150.
iJNIT COST
$4.00/hour
Differential At cost
$2.15
(per IRS allowance)
$5.50
$4.50
$0.15
At cost
les are currently mandated by the New
rks projects.
Page l of 1 Pages
(Exhibit SR-D —Schedule of Standard Hourly Rates and Reimbursable Expenses)
March 12, 2007 Town Board Meeting
ATTACHMENT #3
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41 S'�'fi� S'�tE�l, A�.BAP�IY, Pd'Y 12231
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(Us� ��aus �'mraua �a ffa�� a 6a�c�� fl�a�✓ v�at�a �9�� S�c�e��y c�� ����e)
��xt of ladv should be �ive�a as a�eraded. Do r�ot i�acl�dz rn�iter being elimi�aatec� aa��l do not use
italics or underlining to ia�dicats new ra�atter.
o�-------- ITHACA--------------------------------------------------------------
0
07
Local Law No. ------------------------------------ of the year 20.-----
AMENDING CHAPTER 270 OF THE_TOWN_OF_ITHACA__CODE,�_ENTITLED
A locsl law ---------------------------------------------------- - - - - - - -
f�,�.ttn r���
ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE
-----------------------------------------------------------------------------------------------------------�---
MEMBERS
--------------------------------------------------------------------------------------------------------------
-----------------------------------------=--------------------------------------------------------------------
Be it enacted by ttee ---------------TOWN__BOARD---- -------------------------------------------- of tlae
(N��o/t��.,t��eadY) -------
��i�X
R,B�n o�'-----------------------ITHACA-------------------------------------------------------- as fo99ov�s:
��
PLEASE SEE ATTACHED PAGES 1— 2
�
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�,
�
(If additional space is needed, attacla pages the sa�eee size as this sheet, a�d number each.)
�os-�9-�t�,. i t�) �l�
'�'OWn1 OF ITI�ACA
A
d�OCAI. LAW NO. 4 O�' THE YEAgt 2007
A LOCAL LAW AMENDING CHAPTER 270 OF '�'HE TOWN OF I'�'I�AACA
CODE, ENTI'TLED 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 B�oard.
(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, absence, abstention, or any other reason 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 regula:r
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. �
o2i2aro� 1
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, sur��� oa�� ��n�t� v�1���6a u� aa�a� ��p����a�fl�.)
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�. ian�� ado�ptioan by ooe.�� 9e����¢a�� 6��dy ��u�ye)
,
I h reby certify that the local law.�nnexed hereto, designated as flocal law No. ----_4____________________________ of 20-07_
of the (��-����Tow�a)(���� of ------�'�����----------------------------------------------- was duly p�ssed by the
-- �1aW�T--$O��D-------------------------- onA4�4���__��__ 20-�17, in accordance with the applicable provisions of law.
(Name oJLegislative Bady)
2. (Passage by local legislative body with �pp�oval, no disapproval or repassage after disapproval
by the Elective Chief Executive O�ticer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of ZO------
of the (County)(City)(Town)(vllage) of _________________________________________________________________ was duly passed by the
----------------------------------------------- on _-________________ 20 ___ , and was (approved)(not approved)(repassed after
(NaMe ojtegislarive Body)
disapproval) by the __________________________________________________ and was deemed duly adopted on ------
(Ekctive CkisjFxecutive OJj4ce��)
in accordance with the applicable provisions of law.
3, �F'inal adoptioe� by referenduee�.)
--��-- 20---- ,
1�� y certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20----__
c CountY)(CitY)(Town)�llage) of ----------------------------------------------------------------- was duly passed by the
- ------------------------------------------ on -------___-_______ 20---_ and was (approved)(not approved)(repassed after
�Na� ��8�mri��eaay� '
disapproval) by the ------------------------------------------------- on------------------- 2�---- . Such local law was sabmitted
(Eleetive ChiejEsecurive OJ�icer�)
to the people by reason of a(mandatory)(permissive) referendum, and received the af�irmative vote of a majouity of
the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 2Q___ , im
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was fled requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20______
of the (CountY)(CitY)(Town)(Vllage) of ----------------------------------------------------------------- was duly passed by the
--------------------------------------------------:- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Namt oJLegi.rlati�e Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Eketive Chief ExecuAve Officer�)
permissive referendurn and no valid petition requesting such referendum was filed as of __________________ 2Q___ , in
accordance with the applicable provisions of law.
Chief Executive Officer mea�ns or includes the chief executive otiicer of a county elected o�e a cou�nty-
is or, if there be none, the chairperson of the county legislative body, the m�yor of a city or village, or
rvisor of a town where such otiicer is vested with the power to approve or veto local laws or ordimances.
�2)
' ��6� :a� i:� �'41 1 t'I�iil i:n � j ��.• � i-• `�U1 �D �HIE�Ir-':� iE� �P �II'�LI!.
I� by ce�t�#'y t��¢ the i�cal la�v a��aex�d he���o, desig��ted as loc�d !�� I�o. ----------------------------------- of 2�i------
�� Ci€y of --------------------------------------------- havi�g beem s�b�n��tted t� refe�e���aa� p�arsu��� to t�e g��o�isioa�s �f
s, (36)(37) of the Ii�unic�p�l I�oraae itul� �w, and havi�g received the a�firnnative vot,e of a��j�n$ity of the
q, ed el�ctors of such city voting thereon at the (special)(general) election held o�___________________ 20----,
became operative.
6. (Couaety local law coaecerrting �doptiota of Charter.)
I hereby certify that the locat law annexed hereto, designated as local law No. ___________________________________ of 20______
of the County of ____________________________________________________ State of New York, having been submitted to the electors
at the General Election of IVovember ______________________ 20____, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized fod-rad of t3n�1 adoptdoea h�s been followed, ple�se provide an �ppropriate cea-tl�ication.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript thei from and of the whole of such original local law, and nally adopted in the manner in-
dicated in paragraph_____________ above. �
�
f
i.�ers oc me wmry �egisianve oody, Ciry, Town or Village Clerk
or officer desiguated by local legislative body
Date: ��'� -�
(CertificaHon to be executed by Couaety Attoe-ney, Corporation Counsel, 3'own Attorney, Vil9age Attorney or
other authorized attorney of locality.)
s�ea� oF xEw T�PK I N S
COLJNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had. or taken for the enact�nent of the local law annexed hereto.
ATTORNEY FOR THE TOWN
���
��� of ITHACA
Town
��
Date: � ( � � � Q�
(3)
�'r
COMMUNITY INPUT
Nlarch 12, 2007 Town Board Mtg.
ATTACHMENT #4
Thank you for allowing me to speak this evening. My neighbors and I appreciate
the efforts that the Town Board has made to listen to and consider our concerns regarding
the proposed Briarwood II Development Project. This is in marked contrast to our
experience with the Town Planning Board, where we strongly feel that our voices hav�:
been stifled and our concerns have been dismissed without any serious consideration. �n
the brief time allotted to me, let me give you two examples that will illustrate our
fiustration about the lack of community input we have with the planning process for
Briarwood II.
We first heard about Briarwood II when the Ithaca Journal published an article on
the development and the upcoming Town Planning Board meeting to discuss its
environmental impact. Until then, many of us hoped that the remaining wetlands would
be preserved as a"Unique Natural Area". Although caught by surprise, many of us were
able to attend the June 20`h meeting and raise our concerns about the development's
environmental impact. These included the degradation and destruction of the remaining
wetlands, the exacerbation of existing drainage problems in the adjacent neighborhood,
increased traffic congestion, noise, and pollution, and the obliteration of a"Unique
Natural Area". Mr. Wilcox, Chairman of the Town Planning Board thanked us for our
input and moved that an immediate vote be taken of board members on the SEQR. The
motion was seconded and voted upon over the objections of a third board member, Eva
Hoffman. Here is the interchange as recorded in the transcribed minutes:
Chairperson Wilcox: What's the pleasure of this Board? ... I'll move the SEQR
qt�on as drafted. How's that?
��
�' �
s:
�
`� �
will attend Town Planning Board meetings to make our voices heard. But, this evening
we ask you, our elected officials to help us make our voices heard. We continue to
believe that this area should be preserved as a Unique Natural Area. We also believe that
the Town Planning Board has not practiced due diligence by following up tl�e
environmental concerns we have raised.
The Unique Natural Area 106 designation has been the
subject of unwarranted controversy. Mr. Lucente and
his engineer, Larry Fabbroni, disputed its boundaries,
claiming that the development site should not be
included within UNA-106, basing this claim on a
conversation that Mr. Fabbroni had with Robert Wesley,
one of the UNA consultants. Mr. Fabbroni asserted
that in this conversation Robert Wesley admitted that
had the UNA committee known of the Sanctuary Drive
development they would have omitted the southern
portion of this area from UNA-106, the site now
proposed for Briarwood II.
This alleged change to UNA-106 was repudiated last
fall by Nancy Osmond and Robert Wesley. They wrote a
letter to the Environmental Management Council and the
Town of Ithaca to reassert the boundaries of UNA-106,
which legitimately include the Briarwood II property.
What is most distressing is how the Planning
Department and the Planning Board
made no effort to substantiate this rumor. They both
tool� Mr. Fab�roni's word on faith and allowed a rumor
-3-
� � s
Board Member Talty: I'll second it.
Board Member Hoffmann: I feel we need time to discuss everything we have
been presented with, both in paper and verbally.
Chairperson Wilcox: I have a motion and a second. Changes? You all set? I
always know to look at the Town Attorney. ... Okay. I have a motion and a
second. I have Eva's opinion that it's too late in the evening to vote.
Board Member Hoffmann: And, we don't have time to discuss some of the things
that we have heard and additional things we've heard both from the applicants
and from the people in the audience, which I think are relevant.
Chairperson Wilcox: I think I have 4 votes.
Board Member Howe: Isn't it true that a lot of the issues though can be dealt with
in the subdivision approval?
Board Member Hoffmann: That's what I don't know and that's why I don't like to
vote on it.
Chairperson Wilcox: I have a motion and second. Please raise your hand, all those
in favor. Four. All those opposed. Two opposed. T'here are no abstentions. The
motion is passed by a vote of four to two. We have made the determination that
there is no significant environmental impact.
Board Member Hoffman asked Mr. Wilcox, "What purpose did it serve to hasten votin�
on the SEQR tonight?"
To say that my neighbors and I are frustrated and angry about the lack of consideration
g�v�n to o� concerns by the Town Planning Board is an understatement. We, of course,
� � e
to pass
` � i
a s f a c t. Moreover, the revised stormwater plan still proposes to
use the wetlands as a holding area for excess run off, which will further degrade them.
For these reasons, we feel that the Town Planning Board has not acted in the Town's or
our community's best interest and we shall continue to fight to preserve this property as a
healthy wetland.
We recognize that the Town Board is constrained by state laws regulating its
reiationship to the Town Planning Board. We only ask that, as our elected
representatives, you help us to level the playing field so that our voices may be heard and
our concerns given serious consideration. Also, if the board does put together a new
comprehensive plan, we urge you to adopt safeguards that require community and
neighborhood early input into any new development project. This practice has been
adopted by other Towns to great advantage. While preserving our most basic beliefs in
democratic processes, it also can reduce the conflict around development.
Again, thank you for listening to our concerns.
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Zonin� & Planning Background/Context — Northeast Area/Briarwood II Site
Town of Ithaca, NY
Current Zoning of Briarwood II and Northeast Area: The 47.5 +/- acre Briarwood II property and
almost all of the Northeast is zoned Medium Density Residential (MDR), with a minirrium lot
size of 15,000 square feet (about 1/3 acre). The only areas north of Hanshaw Road in the Town
of Ithaca not zoned MDR include ]ots along Sapsucker Woods Road that were rezc►ned to
Planned Development Zone (PDZ) No. 2 in 1984 to allow tiuildings to be converted to no more
than four units; the Sapsucker Woods Bird Sanctuary/Lab of Ornithology that was rezoned to
Conservation Zone in 2004; the Winston Court Apartments zoned MR Multiple Residence; and
the apartments off of Uptown Road zoned MR.
Vacant Land: There is very little vacant land left in the Northeast area. The only rerriaining
vacant parcels larger than five acres north of Hanshaw Road and east of Warren Road are the
Briarwood II site (47.5 acres zoned MDR); the Sapsucker Woods Bird Sanctuary (59.5 acres
zoned Conservation Zone); and two adjacent taxable parcels owned by Cornell University just
west of Sapsucker Woods Sanctuary (total of 35.69 acres zoned MDR).
Comprehensive Plan: The 1993 Town of Ithaca Comprehensive Plan designates the Briarwood II
site and adjacent lands as "Suburban Residential" and "Conservation/Open Space". The
Conservation/Open Space designation includes the Sapsucker Woods Bird Sanctuary, a small
portion of the northern Briarwood II site, and an isolated portion of the southern Briarwood II
site in the area of the 5+/-acre wetland. The detailed description of the "Anticipated Land Use
Patterns on East Hill" (page IV-I S to IV-16 of the Comprehensive Plan) indicates that
Conservation/Open Space is shown for the wetlands in Sapsucker Woods and the Briaz-wood
wetland. The detailed description of what the "Conservation/Open Space" designation in the
Plan means (page IV-14) states that "Conservation/Open Space areas indicate natural areas that
should be protected from inappropriate development. They may contain wetlands, steep slopes,
mature woodlands, or other natural features. Portions of some areas shown as
Conservation/Open Space may be suitable for development. Individual site evaluation will be
necessary to determine suitability for development."
Park Recreation & Open Space Plan: The Town of Ithaca Park Recreation & Open Space Plan
(adopted Dec. 1997) shows "Areas Recommended for Conservation Zoning" on Map 2. This
recommends possible Conservation Zoning for a number of environmentally sensitive or
significant natural areas around the Town, including the Sapsucker Woods Sanctuary and the
Briarwoods wetland (same areas as shown as Conservation/Open Space in the Comp. Plan). As
indicated under "Current Zoning" above, the Sapsucker Woods Sanctuary was rezoned to
Conservation Zone in 2004 as part of the comprehensive revision of the Town of Ithaca Zoning
Ordinance and Map. The Briarwood wetland was considered by the Codes and Ordinances
Committee and Town Board as a small, isolated area worthy of protection, but not through a spot
of Conservation Zone surrounded by Medium Density Residential. It was felt that it wou:ld be
more appropriate to protect this 5+/- acre wetland through the subdivision/development review
process, which is what the Planning Board has done in its preliminary approval of the Briarwood
II Subdivision.
Unique Natural Area: Much of the Briarwood II site in the Northeast is designated by the
Tompkins County Environmental Management Council as a Unique Natural Area (UNA-106
Sapsucker Woods Bird Sanctuary). Refer to the attached narrative ("Consideration of the
Briarwood Project by Town Planning Board: Particularly issues related to Sapsucker Woods Bird
Sanctuary UNA") and Excerpts from 6/20/06 and 7/18/06 Planning Board Meetings for reference
as to how the LTNA was considered by the Planning Board in its review regarding the Briarwood
II Subdivision. In summary, approximately half of the undeveloped land on the Briarwood II
property (25 +/- acres out of the 47.5 acre site), including forested wetland and adjoining
uplands, is proposed to be donated by the applicant to the Cornell University Lab of Ornithology
for permanent preservation as an addition to the Sapsucker Woods Bird Sanctuary, and is
included as a condition in the Planning Board's resolution of preliminary approval.
Town of Ithaca Planning Department
March 7, 2007
2
Consideration of the Briarwood Project by Town Planning Board: Particularly issues
related to Sapsucker Woods Bird Sanctuary UNA.
Excerpt from the Lon� Environmental Assessment written bv staff:
1. Impact on Land
..... Much of the project site is identified as a Unique Natural Area (Sapsucker Woods Bird
Sanctuary UNA) as identified by the Tompkins County Environmental Management Council in
their 1999 Unique Natural Area (LTNA) update. The 1999 update to the UNA inventory
expanded the Sapsucker Woods Bird Sanctuary UNA to the south, adding this project site. This
inventory update resulted in the inclusion of severa] residences along Sanctuary Drive, built in
1997 — 1999, and several residences at the end of Birchwood Drive North, built in 1997 — 1998.
Developed areas are not usually included within tJNA boundaries. It is likely that the
construction took place during the period of time that the revisions to the LJNA boundaries had
already been drafted. Some questions exist as to whether the revised UNA boundary would have
extended as far south had the impacts of the expanded development been known at the time.
19. Impact on Growth and Character of Community or Neighborfiood
The Town of Ithaca Comprehensive Plan (1993) designates the general vicinity as "Suburban
Residential" and "Conservation/Open Space", and the project site is zoned for Medium Density
Residential Development. Land use immediately east of the project is suburban residential, and
immediately north of the project is a nature preserve/bird sanctuary owned and maintained by the
Cornell Lab of Ornithology. The proposal for the +/- 47.5 acres involves development of a 47-
lot housing development, with a mix of single and two family dwellings, along with preservation
of approximately half the parcel (+/- 25 acres) containing forested wetland and adjoining
uplands. The +/- 25 acres is proposed to be donated to Cornell University Lab of Ornithology.
Approximately 5-6 acres of the donated land is a wetland area that will be surrounded by the
housing development, the remaining +/- 20 acres is immediately contiguous with the Lab of
Ornithology's preserve, The proposed development appears to be consistent with the Town
Comprehensive Plan and the Zoning Ordinance. The proposed development meets all the
minimum requirements set by the Zoning Ordinance for lot dimensions and setbacks.
The proposed development will increase the demand for community services, such as water and
sewer utilities, and police and fire protection, however, the existing services appear be capable of
accommodating the additional of 47 single-family homes. The Town of Ithaca contracts with the
Cayuga Heights Fire Department to provide fire protection services in this northeast area of the
town. Existing fire protection services should be sufficient to handle demand generated by this
project. The project incorporates additional access (emergency) routes for both existing and new
residences through the street extensions of Birchwood Drive and Sanctuary Drive.
1
Excerpt from 6/20/06 PlanninQ Board Meetin�:
Larry Fabbroni, 1 Settlement Way
Larry Fabbroni: Some comment about the UNA. I hope the materials we presented to you beat
that to death well enough to know a mistake was made. I mean Cornell told us when we got into
conversation with them that if you look at the 100 foot width left. between the Sanctuary Drive
development and the Northern edge of the Briarwood, you couldn't really e�en consider it a
wildlife corridor any more. So the notion that it is all connected is pretty weak. But Bernie did
the bird the study as you might remember and has more knowledge in ecology than I can ever
pretend to have. So let me ask him to come up.
Bernie Carr, Syracuse NY
I work for Terrestrial Environmental Specialist and we conducted a wetland delineation for
Rocco Lucente back in the early 90s when he was first considering 12-unit subdivision.
Subsequent to that wetland delineation there was a request from the Town that we redelineate the
wetland since it had been 5 years previous. So we went back and redelineated the wetlands.
They changed slightly over that 5-year period. Those wetlands were surveyed and added to a
survey map that you have a copy of in the submission. Subsequently we delineated other
wetlands north of Sanctuary Drive in association with the development of another master plan
for the subdivision.
One other item. We also conducted a bird survey in 2003 and the purpose of that was to
determine whether any endangered, threatened or rare bird species nested on Mr. Lucente's land.
Also there was a concern about whether Mr. Lucente's land should have been included in the
expanded Sapsucker Woods Unique Natural Area. One of the things we found was when the
Unique Natural Area was reconfigured, they included Sanctuary Drive subdivision. So there
were 10 or 15 homes that are right in the middle of this Unique Natural Area: I think it just
surprised me that you would consider private single family homes in the middle of a Unique
Natural Area and we had subsequent discussions with Tompkins County on why that was
conducted and why they made that determination. It was our professional opinion that the area
south of Sanctuary Drive shouldn't have been included in the expanded Unique Natural Area. If
you would look at the map that is provided by Tompkins County, you would note that there are
many areas of forested areas north, east and west that are not in the Unique Natural Area. So it
seemed like they expanded the Unique Natural Area only south on to Mr. Lucente's property and
didn't include otfier lands that were contiguous to the Unique Natural Area.' So they didn't seem
to have a really good reason for the expansion. I guess that is basically the items that I
addressed.
Board Member Mitrano — Fred, I had a question of the gentleman from Syracuse. I just wanted
to see if I understood well what you were saying. You said when you initially did your
assessment, was it this row of houses that was of some curiosity?
Mr. Carr — No. It was to the north. In terms of the unique natural area, that was included in the
unique natural area. Those liomes.
2
Board Member Mitrano — So what was your assessment? That maybe at that time that wasn't
such a good decision or that in subsequent research you understood better why that decision had
been made.
Mr. Carr — I never really fully understood why it was made. At one point Mr. Wesley had told
Mr. Fabbroni that if he had known that Sanctuary Drive had been built, he wouldn't have
included the area south of Sanctuary Drive in the unique natural area. Well, our first assessment
was, well why would it be considered unique so we did a breeding bird survey and we followed
common techniques used in the field. We also did a winter nest survey just to see if there were
any raptor nests in the vicinity. So we walked that thoroughly. Then we did a breeding bird
survey in that area. Basically what we found was common species that are found in tlle area.
Breeding throughout this property. So there wasn't anything that would say...like for example a
red-shouldered hawk or a cooper's hawk of special concern that was nesting in there that would
make it a unique area.
Board Member Mitrano — So at this point, it doesn't demonstrate any deleterious affect on more
rare species?
Mr. Carr — That is correct.
- Mr. Fabbroni — In addition to that, the Sanctuary people have had the benefit of seeing that bird
study and they agree with how it was done and pretty much they affirm what was in it.
Board Member Mitrano — Thank you.
Excerpt from 7/18/06 Plannin� Board Meetin�:
Mr. Carr — It was my understanding that the Lab was interested in it because they wanted to keep
the wetland intact and that the donation was also including and upland buffer. So it's not just
being a wetland, it's gonna be the woods surrounding it and was being donated to the Lab and
that was the important part and I think the idea of having that green space in the center is a
deposit...one other item was mentioned about the unique natural area. It made no sense to me
that the county changed the boundaries of the unique natural area the last time around. It didn't
make any sense, because they avoided wooded areas that were outside of Mr. Lucente's larid and
they also drew the boundaries of the unique natural area over the existing on I think that's
Sanctuary Drive. It made no sense to draw a boundary of homes that were already built out there
and saying it's unique natural area. There was existing homes and there were sewers and water
and all those structures were already there. And they told us on several occasions that they were
gonna retract that statement and they never did. I think it was a mistake.
Board Member Mitrano — So in other words given the boundaries, whether they are correct or
not, given whatever map exists, no homes are being proposed to be built on what they have
demarcated as unique natural area, true or false?
3
Mr. Carr = Well, unique natural area includes most of Mr. Lucente's property and also includes
existing homes on Sanctuary Drive.
Board Member Mitrano —1Vlost of his property that's under proposal here?
Mr. Fabbroni — No homes are in wetlands of any kind.
Board Member Mitrano — I am not talking about wetland now.
Mr. Can — She's.. .
Mr. Fabbroni — You asked earlier, I am just distinguishing the two things. No homes are in any
wetlands of any kind, nor are any structures in any wetlands of any kind. However, the homes
are in unique natural area. The unique natural areas, as we have said, we did diverge study, we
did a number of studies to show that that should not have been extended number one. It's also
just we have a latter which you would see in your packet from the last meeting from the county,
the Director of Planning, that said it's just a suggestion, it's not, in other words, you don't need
to exclude development in a unique natural area. We just have to address all of the issues. We
addressed the bird issue. We have addressed the fact that Sanctuary Drive was there incidentally
Mr. Lucente did not build Sanctuary Drive, nor does he own any of the properties on Sanctuary
Drive while we speak of that.
0
Board Member Mitrano — Mr. Fabbroni, I just want to ask this gentleman....
Mr. Fabbroni — I'm sorry.
Board Member Mitrano —...some factual questions and we can maybe go to persuasion later,
but, so this unique natural area is inclusive of some of the land in this proposal?
Mr. Carr — Yes, and I included a letter in the packet the last time around showing the mapping of
what is in a unique natural area.
Board Member Mitrano — Okay. Thank you.
Chairperson Wilcox — Essentially all of the land proposed for this job is in a unique natural area.
That's the U&A 106 is currently delineated. Larry made reference to something that Ed Mar�c
wrote. I'll just read it, the U&A inventory is meant as a land use planning tool to guide
municipal decision making about development on environmentally sensitive land is not a legally
binding document. It's our decision is what the county is saying. It's a tool for us to use one of
the many tools to determine whether this is area that should be developed or not or to what
density.
Board Member Mitrano — May I ask a couple of other questions?
Chairperson Wilcox — Absolutely. The floor is your.
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Board Member Mitrano — To your knowledge, as they say in court, have there been any other
proposals by any developers, towns, municipalities, not-for-profit organizations to take all of this
land and put it in some type of trust reserve contingency for environmental conservation?
Mr. Fabbroni — Your question is related to this project?
Board Member Mitrano — Yeah, this land right here.
Mr. Fabbroni — To my knowledge this is one of the largest gifts to a nonprofit...
Chairperson Wilcox — You're not answering the questions Larry. ...
Mr. Fabbroni — I'm sorry.
Chairperson Wilcox — Repeat it.
Board Member Mitrano — In sum, has there been any other, particularly from some not for profit
or conservation minded organization to purchase all of this land.
Mr. Fabbroni — No.
Board Member Mitrano — Thank you. I'm all set.
Chairperson Wilcox — We've covered the U&A. We've covered the architectural stuff. We've
got to go back and look at pedestrian safety a little bit more, covered the structures, the
cost...someone mentioned streetlights. My assumption is interested in streetlights, you need to
go to the Town Board and request a lighting district. Right? We as the Planning Board, I don't
think it had been authorized through zoning regulations to require street lighting...
5
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Briarwood II Presentation
Town Board Meeting
March 12, 2007
1. Presentation of petition: Ad�rian-Williams
2. Hydrology of the axea, �s well as questions raised by proposed drainage plan, and potential
effects on the quality of contiguous wetlands: Dr. Todd Walter, Hydrologic Engineer
3. Concerns about the developer's subdivision practices, stormwater management, and wetland
protection: Patricia L. Page, RLA
4. Concerns about the proposed retention ponds: Ann E. Hajek, Professor of Entomology,
Cornell University
5. Significance of iJNA-106, and affirmation of existing boundaries: Nancy L. Ostman,
participated in the fieldwork and documentation for the iJNA-report of Tompkins County
6. A brief history of Briarwood I: Greg Ezra, long-time resident
7. Community input: Bill Sonnenstuhl, long-time resident
March 10,2007
Town Board
Town of Ithaca
215 N. Tioga Street
Ithaca, New York 14850
Re: Briarwood II Subdivision Proposal
Dear Board Members:
I note several items on the Town Board agenda for Monday night's
meeting directly .concerning Briarwood .II . issues or the envelope of
norfheast drainage issues that deserves comment by letter which a
commitment in New Jersey makes necessary.
After appearing before you last month and being encouraged to work
with engineering staff on engineering issues, it. is a little _surpr.ising.
that� oversight is now being sought from Miller Engineers & Surveyors
to review the project's work. .To..the extent that such an independent
review would verify the Town staff's conclusions and the app�licant's
contention that the proposed design will improve the current runoff
conditions and meets Stormwater Phase: II requirements and could
even suggest furfher enhancements prior to _ being reviewed by the
Planning Board for final subdivision. approval, it is. welcome if done ir�
a timely way.
The Briarwood II subdivision .as currently proposed will culminate in an
historic land donation by Mr. Lucente to add 25 acres of his 48
acres to the Lab of Ornithology land holdings. This will then represent
roughly 10% of the Lab's holdings. The current master plan. for Mr.
Lucente's remaining land in the Town of Ithaca has been carefully
studied and developed in collaboration with Town staff and the Town
Planning Board since the first proposal in 2002 for the 12 lot
extension of Birchwood Norfh was denied. The Town staff and
Planning Board wished to establish an updated master plan for the
land that reflected the many regulatory changes since Mr. Lucente's
1965 master plan for his land.
The wetland central to the property
update an earlier 1990 delineation
of the land were also delineated in
monument this total effort.
was re—delineated in 2003 to
and the wetlands on the remainder
2003 including a land survey to
In the last update of UNAs for the County, secondary sources were
used along with 1991 aerial photography to extend the UNA formerly
encompassing the Sanctuary lands to the southern limit of Mr.
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Lucente's lands. Mr. Robert Wesley, one of the two authors of the
update, informed me in early 2003 that had he had the current aerial
photography showing the fully developed 12 lot Sanctuary Drive at the
time of his study, the UNA would never have been extended further
south. The matter of the wildlife was .furfher studied through three
2003 seasons by Terrestrial Environmental Systems, Inc. a wetlands
and environmental consultant. There was no evidence of rare bird.
species on the land as hypothesized and this information was shared
with the Lab of Ornithology administration who are respected for their
knowledge around the world. According to the County Director. of
Planning, th.e County has no process between UNA updates to question
or correct erroneous conclusions and so a letter was obtained from
the Director of Planning that essentially said there was no appeal
process but the designation is merely a guidance designation that
would not limit Planning Board .action. Furfher a study of the 1938 or
1954 aerial photos will show much of this land in question was open
fields that is in many places today covered with fill from mid 1 960s ,
grubbing out of roads under the 1965 master plan for the Lucente
lands on record at the Town. � - �
Contrary -to many uninf.ormed asserfions, the Planning Board carefully
considered iill •of .the above additional studies and in late 2003
reviewed a. revised Master Plan which showed estate lots a,djacent to
the Lab of Ornithology lands. They felt this needed much more
alteration and discussion with the Lab of Ornithology .before it would
be acceptable. In the next year. and half discussions were held with
the Lab of Ornithology administrators, - Cornell Real Estate, and Cornell
legal counsel: A trade of lands could not be worked out so. the
collective parfies reached an historic agreement on a dona:tion of the
lands and perpetual stewardship of the donated lands by the Lab ot
Ornithology. This greatly exceeded the Planning Board 2003 challenge
and met with great favor by the Town staff and Planning Board as
evidenced by the eventual Preliminary Subdivision Approval in July
2006.
Much associated efforf has been proposed to improve the existing
drainage runoff conditions by actually decreasing the existing peak
runoff amounts after construction. This has been independently verified
for the existing proposal that has been modified to meet 120 to
150% of EPA/NYSDEC Stormwater Phase II requirements without
utilizing two largely manmade wetlands that will furfher naturally
buffer runoff impacts.
We are well aware that change of this magnitude generates great
anxiety and emotion to keep things as they are so we are anxious to
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address existing problems associated with the overall systems that we
might help to collaborate with the Town to mitigate. Common
individual problems caused by 1950s, 1960s, or 1970s open joint tile
footer drains clogged with sediment or tree roots, inadequate or
plugged discharge lines, placing fill or yard waste in drainage
channels, or acts of God are harder to identify and too often
erroneously connected to the system operation or development impacts.
As stated in the past Mr. Lucente is willing to the extent he can on
lands he owns slow or lessen runoff rates without similar space to
mitigate downstream: As an example, a key finding of Town staff
date is that the flow from Sapsucker Woods Road, Cardinal Drive,
Meadowlark Drive to the east trying to pass through Briarwood I is
already limited at peak flow by the flat 15"ADS pipe running east—
west between existing lots 17 & 18.
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In summary, great factual study, thought, and effort have gone into .
the �current proposal with multiple meetings and changes worked out
with tbe Town staff and Planning Board from 2002 to present: The �
plan will serve the Town well forever -with a. density half of the , prior
development in the neighborhood. The donation proposed to the Lab
of Ornithology is one of the largest private donations of open space
in the Town of. Ithaca and adds no open space maintenance
obligations to the Town. We are sympathetic to valid neighbor
problems and committed as appropriate to w.ork with the Town staff
and Town Board to mitigate them.. - .
Your continued diligence in examining the facts in furfhering a project
that will be an asset to the To-wn while completing deVelopment once
and for all in the norfheast is much appreciated. �
Sincerely,
, � �
Lawrence P. Fabbroni, P.E.,L.S.
���
Project Manager
, March 12, 2007 Town Board Meetin n��� � 3�
r
TO:
FROM:
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TOWN BOARD
JONATHAN KANTER, DIRECTOR OF PLANNING �
ATTACHMENT #5
RE: CARROWMOOR (FORMERLY SKY GARDENS), MECKLENBURG ROAD —
PROPOSAL TO REZONE TO PLANNED DEVELOPMENT ZONE (PDZ)
DATE: MARCH 6, 2007
The Town of Ithaca has received a revised application from John Rancich for his proposed
development, formerly known as Sky Gardens, now known as "Carrowmoor". Mr. Rancich is now
officially requesting a rezoning of his property from Agricultural and Medium Density Residential
to a Planned Development Zone. It is for a mixed residential/commercial development in the form
of a"Traditional Neighborhood Development (TND), with pedestrian and recreational amenities
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and some LEED rated buildings. Attached for the Board's consid'eration is a report prepared by the
applicant, entitled "Carrowmoor" (February 2007) and a cover letter (Feb. 6, 2007) requesting
consideration of rezoning to a Planned Development Zone.
It has been so long since his earlier proposal was presented to the Town Board and Planning Board,
we have asked Mr. Rancich to start the process over with a presentation to the Town Board and a
request to refer the proposed rezoning to the Planning Board for a recommendation. John Rancich
and his consultant, Steven Bauman, are scheduled to attend the March 12`h Town Board meeting to
make a presentation to the Board and be available to answer questions. If tlie Town Board decides
to refer this matter to the Planning Board, then we would schedule it for a subsequent Planning
Board sketch plan review.
The proposal includes a mixed commercial/residential development, consisting of 400 +/-
residences in a combination of multi-family townhome and apartment style buildings, four-plex and
duplex homes, and various sizes of single-family detached houses, along with a community activity
center, including up to 36,000 square feet of neighborhood-oriented commercial space, clubhouse
and athletic facilities, a community amphitheater, and community gardens. The community will
also include recreational and natural areas, water features, and pedestrian amenities. The site is
located off of Mecklenburg Road (Route 79) just west of the Linderman Creek Apartments. Since
the proposal has changed significantly since both the Town Board and Planning Board have seen
various versions of proposed development on this site, and the site acreage has increased (with the
applicant acquiring an additional 65.6 +/- acres from the Perry Farm to the north) since the Town
Board saw an earlier version, the applicant is submitting this new proposal and request for
consideration of rezoning the total site acreage to a new Planned Development Zone (PDZ). The
rezoning is entirely at the Town Board's discretion, under its legislative authority. Article XXI of
the Town of Ithaca Zoning Code (Chapter 270) includes the purpose and requirements of a PDZ.
Article XXII includes the procedures for the creation of new zones.
Historv: Mr. Rancich originally presented a concept plan for 200 market-rate condominium units on
the 93.5 +/- acre parcel on Mecklenburg Road. At that time (February 2004), the parcel was zoned
AG Agricultural (83 acres +/-) and R-15 Residence (10.5 acres +/-). However, the comprehensive
zoning revisions had already been adopted by the Town Board and were scheduled to become
effective April 1, 2004, resulting in the entire 93.5 +/- acres being zoned in the new Agricultural
Zone, with a maximum density of one house (potentially two units) per"seven acres of land. At the
time of the original submission, the Town Board indicated willingness to consider the proposal,
although with concerns regarding the transitional nature of the site between the planned growth area
of the Town (as represented in the Comprehensive Plan) and the agricultural area to the west to be
preserved (the policy resulting in the new Agricultural Zone designation in 2004). The Town Board
was receptive to the concept of housing concentrated on the eastern half of the site with the western
half of the site being preserved as a buffer and.transition area to the agricultural use and character of
adjacent ]ands, and decided to refer the proposal to the Planning Board for a recommendation. At
that time, the Town Board discussed a number of issues that would have to be evaluated in detail
prior to further consideration of any rezoning, including the number of dwelling units that would be
appropriate for the site; the water system, pressure conditions, and possible improvements that
might need to be made; the impact of developing this site on agricultural resources in the Town (the
site is in County Agricultural District No. 2); and key environmental impact issues, including
traffic, drainage/storm water management, character of the surrounding community, among others.
Since the original submission, Mr. Rancich presented a number of proposals to the Planning Board,
and subsequently acquired the add�tional 65.6 +/- acres from the Perry Farm to the north, which was
consolidated with the original 93.5 acres +/-. Mucfi of that newly acquired site is bordered by two
branches of Williams Brook. The western most side of the site contains a gently sloping plateau,
while most of the central and eastern part of the site contains moderate slopes. The stream corridors
contain wooded buffers (which are proposed to be preserved), while most of the rest of the site
includes old farm fields. The 65.6 acre site is zoned Medium Density Residential (MDR), which
has a minimum lot size of 15,000 square feet (about one-third of an acre).
Comprehensive Plan Recommendation: Most of the original 93.5 acre +/- site is designated as
"Agricultural" in the 1993 Comprehensive Plan, which has the goal of preserving the potential
agricultural use. The eastern edge of that site (i.e., the portion formerly zoned R-15) is designated
as "Suburban Residential" in the Comprehensive Plan. The newly acquired site (65.6 acres +/- to
the north is also designated as "Suburban Residential".
Agricultural District: The site is situated within NYS/Tompkins County Agricultural District No. 2,
and the former owner (Eddy) had been receiving the agricultural tax abatement under the AG
District program.
Current Site Use: Agricultural fields and gravel mining operation (NYS Dept. of Environmental
Conservation issued a mining permit). Mr. Rancich is stockpiling excavated materials from the
mine (under Town and DEC permit) for possible use in constructing roads ori the site. Wooded
stream corridors are located on the newly acquired parcel.
Surrounding Zoning: MDR to north (Perry Farm) and northeast (former Cerrache property now
owned by Conifer Realty); MR Multiple Residence to east (Linderman Creek Apartments and site
of soon to be built Conifer Village Senior Apartments); Low Density Residential (LDR) along
Mecklenburg Road; Planned Development Zone (PDZ No. 8) to south on EcoVillage site.
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Surrounding Land Use: Primarily agricultural and vacant/undeveloped land, with low density
`— ' residential along West Haven and Mecklenburg Roads. Also two antique dealers nearby.
Lindernian Creek Apartments to east. EcoVillage CoHousing Cooperative to south.
Public Water: Yes, water ]ine through adjacent Conifer/Linderman Creek site to east and along
West Haven Road. The eastern portion of the site appears to have adequate water pressure. The
remainder of the site to the west is outside of the water pressure area, unless additional
improvements are implemented.
Public Sewer: Yes, sewer main at West Haven Road and at Linderman Creek development.
Environmental/Site Constraints: Power line along western edge of property; Class III agricultural
soils (not considered "prime" but are considered " other important agricultural soils" in
Comprehensive Plan), stream corridors on newly acquired parcel, moderate slopes.
Development Potential Under Current Zoning: According to the applicant's report (page 1 of 4),
"The total acreage of the parcels is 158.63 acres for which the current zoning allows for 408 total
residences, or a density of 2.57 units per acre for the combined parcels. The proposed plan is for
only 400 total residences, or a site density of 98% of the allowable count, or 2.52 units per acre on
average."
Calculations by Planning staff do not (emphasis added) confirm the development potential as stated
by the applicant. Using two alternate assumptions, as outlined below, the maximum theoretical
development potential under existing zoning (as calculated by Planning staf� would be either 255
residential units or 330 residential units.
Agricultural Zoned Parcel (93.5 +/- acres): Using the Agricultural Zone maximum density
of one house per seven acres of site area, there would be a maximum of 13 houses permitted,
and if all 13 houses had the permitted second unit, the maximum under the Agricultural
Zone would be 26 dwellin� units.
MDR Zoned Parcel (65.6 +/- acres): Assumption 1— Assuming a full build-out cluster
development using the cluster density factor in the Town of Ithaca Subdivision Code
(Section 234-32), the maximum density permitted would be 3.5 dwelling units per gross acre
in the MDR Zone (formerly R-15), resulting in a theoretical maximum of 229 ciwelling
units on 65.6 acres (3.5 d.u. per acre X 65.6 acres).
Assumption 2— Assuming conventional MDR lots (minimum lot size of 15,000 square feet),
subtracting out 20% of the site area to account for roads, parking, walkways, storm water
facilities, park reservation area, and other infrastructure, there would be a theoretical
maximum of 152 lots permitted (assuming no other site constraints), and if all 152 lots had
the permitted second unit, the maximum theoretical development under this assumption
would be 304 dwellin� units on 65.6 acres. (Calculation: 65.6 acres X 43,560 square feet =
2,857,536 square feet, minus 20% gross site area (for roads, infrastructure, etc.) = 2,2.86,029.
sq. ft., divided by 15,000 sq. ft. (min. lot size) = 152 lots, X 2 d.u. per lot = 304 d.u.
maximum.)
3
Summary of development potential:
Total Assumption 1— 26 d.u. on Ag. Zoned Parcel + 229 d.u. on MDR Zoned Parcel =
255 d.u.
Total Assumption 2— 26 d.u. on Ag Zoned Parcel + 304 d.u. on MDR Zoned Parcel =
330 d.u.
It should be noted that the existing Agricultural and MDR Zones do not allow any of the proposed
commercial development (up to 36,000 square feet), so that additional development also needs to be
factored into the development potential analysis. It should also be pointed out that the above
calculations are theoretical maximums, and do not take into account actual site constraints that
would have to be considered during the environmental review of any proposal.
Need for Affordable Housing: The Tompkins County Affordable Housing Needs Assessment,
completed in 2006, identifies a need of at least 4,000 new non-student housing units over the next
ten years, and that at least half of these units should be affordable to households making less than
80%0 of inedian income in the County ($37,272 in 2000 Census, or $50,688 excluding students). If
the Town Board decides to consider the Carrowmoor proposal further, the opportunity to meet some
of the identified housing needs should be considered as well. Since the proposal includes a wide
range of housing types already proposed, and since the densify of the proposal would be higher than
allowed under existing zoning, it would be appropriate to consider requiring some portion of the
housing to be in the ranges of affordability defined in the Tompkins County Affordable Housing
Needs Assessment. This would actually appear to fit in well with the concept of the proposal,
which is to create a new, sustainable, pedestrian friendly community.
Local Law to Rezone to PDZ: If the Town Board decides to pursue the concept of this proposal, a
local law would need to be drafted to rezone the property to a Planned Development Zone (PDZ). It
would make sense to have a draft local law, covering development thresholds, allowed uses and
other considerations, prior to further consideration of the proposal. However, drafting a local law
would only be appropriate if the Town Board decides to pursue this proposal.
Environmental Review: This would be a"Type I" action pursuant to the State Environmental
Quality Review Act (SEQR) and Chapter 148 of the Town of Ithaca Code regarding Environmental
Quality Review, since the proposal includes the construction of 30 or more residential units and the
physical alteration of 10 or more acres of land, as well as being situated within County Agricultural
District No. 2. If the Town Board decides to refer this proposal to the Planning Board for a
recommendation, the Town Board should consider whether it wants to be lead agency or whether it
wants to request that the Planning Board establish itself as lead agency to coordinate the
environmental review for the proposed project. Possible actions would include a re-zoning by the
Town Board and site plan approval by the Planning Board.
Possible Board Actions at Marchl2�� Meetin�:
• Option 1: Consider refer�•ing zoning p��oposal to Planning Board for recommendation.
Confi�-m classification as "Type I"Action pur•suant to SEQR, and if Type I, consider
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wllet)1er tlle Town Board or Planning Boa��d slzould be Lead Agency to coordinate the
eiivi��onme�ztal �•eview, if refer��ed.
• Option 2: Indicate interest in tlze proposal, and ��eguest that the applicant prepare a draft
local law, in consultation witlz tlze Atto��ney for tlle Town and Director of Planning, and
b��ing tl�e draft local law back to the Town Boa�•d prior to ��efe�•ring tlze matter to the
Planning Boar�d for a ��ecomnzendation.
• Option 3: Take no acti.on at this time. Reyuest additio�:al i�1fo�•mation from applicant for
furtlTer consideration.
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Option 4: Lzdicate that the Town Board is not interested in considering the requested
re�oning.
There are many more details in the applicant's report. Please review these materials for the March
12`h Town Board meeting. Meanwhile, please let me know if there are any questions prior to the
meeting.
Att.
cc: John Rancich
Steven Bauman
5
Ithaca Town Board
215 N. Tioga Street
Ithaca, NY 14850
February 6, 2007
To Wl�om It May Concem:
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I am John Rancich, owner and developer of the lands for ttie proposed Carrowmoor
Community, located on NYS Route 79, west of Ithaca, in the Town of Ithaca, Tompkins
County, New York, 14850. The proposal is for the development and construction of
Carrowmoor, a LEED's rated, sustainable pedestrian-oriented mixed-use community of
400 residences, built as a Traditional Neighborhood Development (TND). Carlowmoor
will entail much of the same desirable traits and characteristics of small villages of times
gone by.
Under ARTICLE XXI, of the Town of Ithaca Zoning Ordinance, I hereby request the
consideration of the Board for a change of Zoning for the combined lands, from
Residential and Ag to Planned Development Zone, allowing mixed-use (Residential,
commercial retail & office, and recreational uses).
Attached to this letter are the Overview of Carrowmoor, Concept Plans, and supporting
documentation for Carrowmoor.
Thank you for your consideration.
John Rancich
Land Owner
607.277.3971
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Created by
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Sustainable Development, Consutting
PO Box 712, Ithaca, NY 14851
607.592.5181
Mecklenburg Road
Ithaca, New Yark
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�ar�ro�moor
Table of Contents
Canowmoor Overview
Ta�c Map
Carrowmoor at a Glance-Stats
Conceptual Plan Layout
Phasing Plan
Trail &Walk Plan
Carrowmoor Center-Commercial Mixed-Use
Commercial Mixed-Use Detail
DensitylRainwater Harvesting (RWH)
Urili C011ritS
Quantities
Carrowmoor Birds' Eye View
Canowmoor Perspective @ Great Hall
Section @ Multifamily
Multifamily Sketch
Typical Single Family
Typical Road Sections
Traffic Circle Plan
4 pages
2 pages
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1 page
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2 pages
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2 pages
1 page
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a�r�ro��m.00�r
New York
Overview
Carrowmoor, a LEEDTM certified, mixed-use, sustainable `Green' and open space community is built on
the principles of energy efficiency, non-toxicity, minimal waste, minimal maintenance construction,
assembled from local and regionally sourced materials and labors, where possible. These principles
and their designed applications provide for a truly desirable, sustainable community.
The layout, designed much as a small walkable village from late 1800's and eazly 1900's in this
country ... the look and feel of the buildings ...the scale ... the chazacter ... the details ... the
beautiful stone and masonry finishes of Carrowmoor ... leads one to believe that they have landed in
an older quaint European country Village ... bustling with its inhabitants walking about town ...
natural green areas ... water features ... recreation azeas ... local artists' displays ... captivating
views across the valley ... beautiful views ... all out of your front door ...
The Carrowmoor development will be built on two large parcels of land located in the Town of Ithaca,
�ust west of the city of Ithaca, between NYS Route 79 on the south and Bundy Road to the north. The
otal acreage of the pazcels is 158.63 acres for which the current zoning allows for 408 total residences,
�or a density of 2.57 units per acre for the combined parcels. The proposed plan is for only 400 total
residences, or a site density of 98% of the allowable count, or 2.52 units per acre on average. Built
utilizing the Town's Planned Development Zoning district, the residences will be tightly clustered
together around a small mixed/multi-use community center to create a fully walkable "traditional
neighborhood development" (TND), rather than suburban sprawl as defined by the American Land
Institute. This creates significant amounts of dedicated and useable open space interspersed throughout
the community while maintaining the desired overall density. The highly walkable community
encourages pedestrian interaction rather than vehicular use. The developed azea to open space ratio at
Carrowmoor is 25 open acres for each 10 acres of built (2.5:1), or a total of 113 acres open space to
45 acres of built, after both Phase I and II are completed.
Carrowmoor is being developed as one large single parcel under single ownership, utilizing the
Town's Planned Development Zone over the combined entire acreage. Canowmoor will be built in
two sepazate construction Phases. The residences will be purchased from the developer under
condominium ownership, where each owner purchases a percentage of the entire development with
specific rights of ownership/use to the specific dwelling of their choice. There will be a wide variety
of building types to choose from, buildings typically found in older traditional village neighborhoods,
including moderate sized (7-14 homes) multi-family townhome and apartment `style' buildings (flats);
four-plex townhomes; duplex townhomes; small single family homes; and large custom single family
homes. Each homeowner will be a percentage owner of the entire community, with all of its rights,
�benefits, and access, including the community activity center and recreational `clubhouse' and ath�etic
�acilities, community amphi-theater, community gardens, walk-bikeways, water features, and natural
�reas. The Carrowmoor Condominium Association will own the leaseable Commercial space within
Carra�vmoor Overvie�v p. 1 of 4
the community center, once Carrowmoor is occupied. This commercial ownership structure will help
the uses evolve with the community's changing needs over time, minimizing vacancy rates and best
serving the community for the direct benefit of those who live there. Additional to the commercial
area benefiting the residents on a daily need basis, the income from it will contribute to the
underwriting of the Owners' monthly obligation of Association dues or other designated uses by the
Board of Directors. Carrowmoor will employ a full time, yeaz-round maintenance staff to care for the
grounds, private roadways, water features, and members' azeas, (with exception of individual private
gardens). Building maintenance will also be available at direct cost to the specific building
association/members/owners, if required or desired.
Carrowmoor will have one public dedicated Town roadway-thoroughfare with two sepazate names,
dependent on the direction of travel. Carrowmoor Crossing, entering from the south off a new traffic
controlled intersection to be located opposite the current intersection of NYS Rte 79 and Rachel
Carson Way, travels north at Carrowmoor's western edge to the site's northwest corner where it meets
Rogue's Run which meanders through Canowmoor to the Town of Ithaca's planned Town roadway
known as Riley Road which travels through the northeastern edge of the site -and on to Bundy Road at
the north. All other streets and roadways at Carrowmoor will be privately owned (and maintained)
property of the Carrowmoor Condominium Association. All public traffic intersections within the site,
as well as other key private intersections will utilize traffic circles or `round-a-bouts' to achieve
maximum movement (less idling and exhaust emissions) and fuel efficiency while providing for safer
vehicle and pedestrian interactions. All circles are designed to easily accommodate fire, safety, and
public transport buses' turning radii, at reasonable speeds.
Carrowmoor's open space is distributed throughout the grounds and interconnected by a series of
trails, bikeways, cart-ways, and/or sidewalks. With over 11 miles of trails in a variety of topographies
and settings, 113 acres of open spaces, natural streams and wooded areas, water features, recreation
fields and courts, indoor and out door swimming azeas, a public amphitheater, and 12 outdoor art
exhibits sites that change every 90 days featuring local artists, there are many active and passive
pursuits for everyone.
Carrowmoor, its buildings, its grounds, and its developmental impacts (including storm-water, tr�c,
energy, IAQ, and sustainability) aze all being designed and developed under the federal LEEDs
certification process to maximize sustainability, assure minimal negative impacts on the environment
(both external and internal) and adjacent community from the development, while creating the highest
desirability of the neighborhood and its buildings. By utilizing sustainable, non-to�cic, and energy
efficient materials in the construction, the process will provide for better Indoor Air Quality (IAQ),
providing not only a sound, investment for its residents, but a healthy one as well.
All structures and the site itself will utilize both passive and/or active Rainwater Harvesting (RWH) as
primary storm-water control methods, allowing for a majority of later on-site use of what normally
would be referred to as storm-water run-off. By harvesting the rainwater as it lands on the
site/buildings and storing it in ponds, pools, or tankerage, the waters remain onsite until later utilized,
Carro�vil�oor Overvie«�
p.2of4
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� allowing them to percolate and or evaporate at a slower reasonable rate over a longer time frame. This
� translates a major `event' into mimicking several small rainwater `events over a much longer period,
� th th th t' hort time frame Bein much `healthier' environmentall this
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ra er an e massive even in a s . g y,
`short cycling' of the rainwater not only improves the vegetative and recreational qualities of the site
throughout the year without additional irrigation waters, but, moreover, dramatically lessens t�e
potentials for downstream erosion and floodings by removing the flows from the after-storm
downstream swells from the surrounding drainage streams.
All Cazrowmoor buildings egress onto the condominium association's Private streets. The widtbs of
these streets are designed to meet fire access and safety standards, but are of village character in that
they are narrower and human scaled. This reduces vehicle speed, rather than being wide-open
expanses-which encourage higher speed and less human interaction (walking, running, biking, etc).
The types of roadways within the project vary from: the dedicated Town entry road, which is a split
lane parkway with a wide right of way; to moderate width two-way access streets; narrow two-way
residence streets; and narrow one-way lanes for site and pazking access. Traffic calming devices (not
speed bumps) aze utilized throughout Carrowmoor to slow vehicular haffic while accommodating
friendlier pedestrian crossings. Pazking is clearly delineated in pull-off areas, as well as designated
lots and underground garages. The inclusion of regional bus transit services will encourage the regulaz
use of mass-transit services rather than personal vehicles for the commute to and from the downtown
and campus areas on a regulaz basis, often leaving the car at home. All Carrowmoor streets and
driving areas aze scheduled to utilize geothermal sourced under-pavement heating for primary snow
and ice removal systems. This system `recycles' the stored earth wazmth for clearing the driving and
walking surfaces of snow and ice, rather than polluting the soils, aquifers and atmosphere with salts,
sediments (sand, etc.), noise, and fossil fuel emissions.
Carrowmoor's state of the art Great Hall complex is the heart of the walkable community. The ('.rreat
Hall and its annex houses recreational activities, special event spaces, small commercial services and
events directly associated with the residents, and the community's clubhouse. Uses within the Hall
include semi-public events, as well as gym and swimming activities. The Great Hall and its adjacent
mixed-use buildings to the north, collectively known as Carrowmoor Center, includes a variery of
small commercial shops and services a111ocated near Cazrowmoor's within visual distance of main
entrance, as well as many residences and are intended for the primary use of residents, but will also
service the occasional needs of residents from adjacent community. The complex will be utilized daily
by resident's for services such as mail, sma11 eateries, coffee shop, news stand, walk-up convenience
store and services, private lessons, classes. It is anticipated that regional bus service will be offered
from this location as well, with service to downtown Ithaca, and points beyond, servicing Carrowmoor
residents, Carrowmoor workers (who live off-site), and visitors from neighboring communities.
Carrowrnoor's Construction materials aze scheduled as energy efficient non-flammable solid wall pre-
engineered building component systems. Theses e�ctremely strong lightweight components deliver
very low energy demand (extreme R-values) while providing minimal maintenance with a maxirnum
of safety, health, and comfort for its occupants. The high quality finishes are non toxic with minimal
Volatile Organic Compounds (VOCs), many recycled or renewable component products, and
Carrowmoor Ove►-vie�v p. 3 0{� 4
�
mechanicals that incorporate innovative natural and mechanical air flow and purification systems, non
toxic ductless heating and cooling systems, natural da.y-lighting, low energy demand lighting fixtures,
and high tech plumbing and water heating systems. Both passive and active solaz designs are
incorporated into the site, as well as geothermal heating and cooling sources. All exterior finishes are
masonry component, although they vary geatly in materials, colors, textures, and character, creating a
true townscape.
Sustainability . . . energy efficiency . . . unique character . . .quality healthy materials . . .
environmentally responsible . . . pedestrian orientation . . . sensible scale . . . details . . . location . . .
views ... community. All of these sustainable project and building characteristics, along with human-
scaled innovative design of the spaces contribute to the exceptional comfort, beauty, safety, and
desirability of Carrowmoor's unique sustainable Homes and Community.
..stepping back to a great quality of life.
Carrowmoor Overvie��
p. 4 of 4
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�arro�moor
at a glance
76W 32' 23"/ 42N 27' 03"
Town of Ithaca
Tompkins County, New York
158.63 Acres
• Access via NYS Rte 79 to south or Bundy Road to north
400 Residences in two phases
• Density: 2.52 residential units per acre (@98% of allowable)
24,872 feet Tota1 roadways
5,312 feet Public roadway
5 Public Traffic Circles
19,560 feet Private roadway
2 Private Traffic Circles
62,092 lineal feet (11.76 miles) Sidewalks & trails/bikeways
2.5:1 Open Space to Bui1t Ratio
• 113 acres open space
• Formal Village Crreen
• 2 Nature Preserves with Trailways
• Preserved Woodlands
• Community Gardens & Orchazds
• Ag/Animal Pastures
45 acres built azea
• Buildings & Roads
9.96 acres Rainwater Harvesting (RVV�i) storage
18,256,018 gallons RVVH semi-permanent storage
20,169,288 additional gallons retention
Development Impact 10.11% (698,486 sf total non-harvested area)
7.02 acres water features
Alternative Building/Energy Features
• Solid Wall Construction Systems • Pre-engineered Structural Systems
• Non-Toxic Construction & Finishes • Thermal Cooling
• Geothermal Snow melt • Solar passive/active
• Containerized Trench Utility Systems • 200 Year Design Cycle
• Centralized Neighborhood Utilities System and Distributions
' � .,,u:.
p. 1 of 2
�arro�moor
at a glance
Phase I
19,422 feet Total roadways
5,312 feet Public roadway
5 Public Traffic Circles '
14,110 feet Private roadway
2 Private Tr�c Circles
• 271 Residential Homes
216-Multifamily
46-Four-plex/Duplex configuration
9-Sma11 Single Family
Community Hall & Recreation Complex
CommerciaVMixed-use
Support Facilities
Phase II
5,450 feet Total roadway
5,450 feet Private roadways
• 129 Residential Homes
40-Four-plex/Duplex configuration
47-Small Single Family
42-Large Single Family
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p. 2 of 2
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�a�r�ro�moor
Crreat Hall Community Center/Mixed-use Commercial Area
The Great Hall Community Center of Carrowmoor and adjacent buildings are comprised
of mixed-uses, just as the successful village centers of the past. In addition to residences,
the mix includes small shops, offices and services to meet many of the everyday needs o�f
the Carrowmoor residents and their neighbors.
The intention of the Commercial Center is to supplement the available existing
commercial goods and services of the region-area (primarily within the city) thereby
reducing the trips and tr�c required for `occasional' or `casual' items. This commercia.l
activity creates a walkable central hub of the community where residents can interface
with their neighbors while carrying out many of their required daily tasks. Additionally,
some buildings also provide for work-live opportunity where the residential spaces can bc;
attached directly to work spaces, if desired by the owner-occupant.
The maximum anticipated floor plan size for single commercial use is 2,500 squaze feet,
or less, with Carrowmoor's total commercial square footage not to exceed 36,000 square
feet. This squa.re footage will be distributed, more or less equally between three separate
buildings, including the Great Hall; the southeast quadrant of the building d'uectly north
of the Great Hall; and the southwest quadrant of the building directly northeast of the
Great Hall (or due east of the other building, with surface parking between).
The shops and services anticipated include:
Post Office
Cafe
Artisan's Studios
Book Store
Coffee Shop
ATM
Restaurant/Deli
Copies
• News Stand
• Walk-in convenience store
• Bakery outlet
• Educational classes
• Small Service offices (such as lawyer, accountant, massage, design, etc.)
• Flex office space that can change uses as need dictates-on a daily or seasonal
basis (visiting physician, ta�� preparation, training classes, yoga, etc.)
The combining of uses within a pedestrian-encouraged moderate density framework
results in a vibrant, socially active, and friendly community. This mixing of uses offers
resident convenience while reducing the traffic (trips) occurring from Carrowmoor for
`casual' goods, thereby reducing area congestion, pollutions, and resource consumption.
Carrowmoor Mixed-Use
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Sire
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412,900
136,250
31, 500
20,700
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4,937,827
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Density - RW H
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S9 Pt
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15,000
Sit+e Aver./
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17,275
% RWH
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42.18%
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(6,211,638)
Total RWH
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2
Units
#A/lowed Notes
26.6 7 acre per 'lot'
381.2
A/lowed
407.8
rear parcel
Tota Is
2.6 Density-Units per Acre
#Proposed Notes
400.0 Proposed Unit Count
2.5 Density-Units per Acre
98.099�0 % of ALLOWED De�sity
Proposed vs. Allowed De�nsity
Reduced effective
Acreave Impervious.
4.84 210,673.9
5.48 238,738.8
3.13 136,250.0
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Totals
0.0
Description
Roadways-Public
Roadways-Private-Phase 1
Roadways-Private-Phase 2
Buildings-Public
0.0 Buildings Service
112,795.8 Buildings-Private
0.0 Open Space (baseline*)
Gardens/Farm
Recreation Preserve
Recreatian Area
Green� Spaoe
10.11%
698,45�.5 Area of runoff
reflects RWH
*as naturally occurring plus
additional rete�ntions
Land Density/RainWater Harvesti�g
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t�TTACH117ENT � 6
March 12, 2007 Town Board Meeting
ATTAC;HMENT # 7
'�. �.�'t� �� �E �. 1
❑❑❑❑❑� Town Assigned Project ID Number
Town of Ithaca Environmental Review
' SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1- PROJECT 1NFORMATION (To be com leted b A licant or Pro'ect S onsor
l. ApplicanUSponsor 2. Project Name
Town of Ithaca Road Exchange Tompkins County and Town af Ithaca
3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:)
Bundy Road a Tompkins Gounty road for
Burns Road and Game Farm Road
Tax Parcel Number: N/A
4. Is proposed action: �
NEW? EXPANSION? MODIFICATION/ALTERATION? X
5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and oth�er relevant items):
Transfer control, supervision, and maintenance of Bundy Road (2.19 miles) from Tompkins County to the Town of Ithaca.
Transfer control, supervision, and maintenance of Burns Road (1. ] 4 miles) and portions of Game Farm Road (.40 nniles) from The
Town of Ithaca to Tompkins County.
( Refer to attached map location map )
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
mount of land affected:
tiall (0-5 rs 24 Acres (6-10 rs) (>l0 rs Acres N/A
ow is land zoned presently? Bundy Road: West of Hopkins Road is agricultural, east of Hopkins is medium density residential.
rns Road: Conservation district and low density residential south ofthe railroad.grade. Game Farm Road: Low density
residential.
8. Will proposed action comply with existing zoning or other existing land use restrictions?
Yes X NO If no, describe conflict briefly:
9. Will proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
l0. What is the present land use in the vicinity of the proposed project? Residential _X Commercial __
Industrial Agriculture _X_ ParWForest/Open Space Other
Please Describe:
11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency
(Federal, State, Local?) YES_X NO
If yes, list agency name and permit/approval/funding:
Tompkins County Legislature and the Town of Ithaca Town Board must approve road exchange.
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_X__
If yes, list agency name and permit/approval. Also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KP�OWLEDGE
Applicant/Sponsor Name (Print or Type): Cat`herine Valent ino
Signature and Date: � �S. -�-'���'��'
PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary)
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES NO X lf yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be s
another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following:
( Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production
and disposal, potential for erosion, drainage or flooding problems? Explain briefly:
None Anticipated.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or
Neighborhood character? Explain briefly:
None Anticipated.
C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or
threatened or endangered species? Explain briefly:
None Anticipated.
C4. The Town's existing plans or goals as of�cially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None Anticipated.
C5. Growth, subseyuent development, or related activities likely to be induced by the proposed action? Explain briefly:
None Anticipated.
C6. Long term,.short term, cumulative, or other effects not identified in C1-CS? Explaia brieily:
None Anticipated.
C7. Other impacts (including changes in use of either quantity or type of energy) Ezplain briefly:
None Anticipated —
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X If yes, explain briefly:
E. Comments of staff
CB , other attached. (Check as applicable.
PART III - DETERMINATION OE SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (� magnitude. If necessary, add attachments or reference supporting material. Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address.
Cfieck here if you have identified one or more potentially large or significant adverse impacts wh�ch MAY occur. Then
proceed directly to the full EAF and/or prepare a positive declaration.
X Check here if you have determined, based on the information and analysis above and any supporting documentation, that
the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as
necessary the reasons supporting this determination.
Town of Ithaca Town Board Fred Noteboom Hiehway Superintendent
Name of Lead Agency Preparer's Signature(If di Responsible Officer)
Catherine Valentino, Town Supervisor ���� 1 �` t��
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
�;�:,�.�-�tR�A V�����%vL"-�� DATE: March 12, 2007 �
of Resnonsible Officer in Lead
March 12, 2007 Town Board Meeting ATTACHMENT �8
Afi�N �.A # 1'�
ROAD EXCHANGE AGREEMENT
1:3 �I 11�.'/ �9 �1►1
TOWN OF ITHACA AND COUNTY OF TOMPHINS
This Agreement is effective as of , 2007, by and between the
Town of Ithaca, 215 North Tioga Street, Ithaca, New York 14850 ("Town") and the
County of Tompkins, 125 East Court Street, Ithaca, New York 14850 ("County").
WHEREAS, the Town has control and supervision over Burns Road in the Town,
which is 1.14 miles long and,
WHEREAS, the Town has control and supervision over one section of Game
Farm Road in the Town, beginning at Ellis Hollow Road and running north 0.4 miles, and
WHEREAS, the Town of Dryden and County each have control and supervisian
over the other two other sections of Game Farm Road, and
WHEREAS, the County has control and supervision over Bundy Road (also
known as County Road 138) in the Town, which is 2.19 miles long, and
WHEREAS, the Tompkins County Commissioner of Public Works and Town of
Ithaca Highway Superintendent recommended the exchange of roads so that the Town
would have control and supervision over Bundy Road, which with its low levels of traffic
should be a local road, and the County would have control and supervision over Burns
Road and the Town's section of Game Farm Road, which with their higher levels of
traffic should be County roads, and
WHEREAS, the respective governing bodies of the County and Town have
approved said exchange of roads subject to this Agreement,
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties covenant and agree as follows:
1. On April 1, 2007, at 12:01 a.m., the Town will transfer, and the County will
accept the transfer of, control and supervision of the Town's section of Game Farm Road
described above, which road shall become County Road 173 and shall be maintained by
the County, and
2. On April 1, 2007, at 12:01 a.m., the Town will transfer, and the County will
accept the transfer of, control and supervision of Burns Road as described above, which.
road shall become a County road and shall be maintained by the County, and
3. On April 1, 2007, at 12:01 a.m., the County will transfer, and the Town will
accept the transfer of, control and supervision of Bundy Road as described above, which
road shall become a Town road and shall be maintained by the Town, and
1
4. All rights-of-way by user that the Town has in its section of Game Farm Road
and in Burns Road will be deemed transferred to the County simultaneously with the
Town's transfer of control and supervision of these roads to the County; and.
5. All rights-of-way by user that the County has in Bundy Road will be deemed
transferred to the Town simultaneously with the County's transfer of control and
supervision of Bundy Road to the Town.
6. Upon transfer of the roads as described above, the Town shall indemnify, hold
harmless and defend the County and its officers, employees, Board members, agents and
elected officials from and against any and all claims, actions or lawsuits brought against
the County and its officers, employees, Board members, agents and elected officials for
all damages, losses, claims or other obligations that arise after the date of transfer
pertaining to the design, construction, maintenance, condition, or signage of Bundy Road.
7. Upon transfer of the roads as described above, the County shall indemnify,
hold harmless and defend the Town and its officers, employees, Board members, agents
and elected officials from and against any and all claims, actions or lawsuits brought
against the Town and its officers, employees, Board members, agents and elected
officials for all damages, losses, claims or other obligations that arise after the date of
transfer pertaining to the design, construction, maintenance, condition, or signage of
Game Farm Road and/or Burns Road.
TOWN OF ITHACA
By: Catherine Valentino, Supervisor
Date
COUNTY OF TOMPKINS
By:
Date:
2
Cost of Rebuilding Roads
undy Road - 2.19 miles A G E 1V :D� #� .� �
� he life expectancy of this road is 30 years. If the road were rebuilt, the cost would be a�pproximately
1,306,641. This is using the figure $113 per foot and the road is 2.19 miles long.
Because of the use and geometry of the road, preventative maintenance would have to be done every
7 years (or 4 itimes of the life of the road). The estimated cost of this would be $45,000 ezich time:
Totaling $180,000.
Total Cost: $1,486,641
Burns Road � 1.14 miles
The life expectancy of Burns Road is 20 years because of heavy traffic volume and terrain. To keep
our numbers equal, we figured cost on a 30 year basis, which would mean construction costs are 1.5
times greater than the other roads.
If Burns Road was rebuilt using the figure $113 per foot and the road is 1.14 miles, the cc�st would be
$680,170. This costs needs to be multiplied by 1.5 to get a 30-year cost of $1,020,255.
of the use and geometry of the road, preventative maintenance would have to be done every
�or 5 times of the 30 year life of the road). The estimated cost of this would be $2'3,408 each
�taling $117,040.
Total Cost: $1,137,295
Game Farm Road - 0.40 miles
The life expectancy of this road is 30 years. If the road were rebuilt, the cost would be approximately
$238,656. This is using the figure $113 per foot and the road is 0.40 miles long.
Because of the use and geometry of the road, preventative maintenance would have to k►e done every
5 years (or 5 times of the life of the road). The estimated cost of this would be $8,300 each time:
Totaling $41,500.
Total Cost:
With Exchange:
$280,150
Town Cost:
County Cost
$1,486,641.00
$1,417,445.00
addition to the cost of maintenance on the pavements, the higher traffic volume on Bizrns Road
d Game Farm Road would carry the potential for more liability. In particular; Burns IZoad has hills
d curves and has an accident history already. Burns Road also has banks in a few loc�itions that
ide and need remediation every year.
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March 12, 200? Town Board Meeting
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ATTAC'HMENT #9
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TUESDAY, APRIL 17, 2007
9:00 -11:00 REGISTRATION
11:00 -12:15 OPENING KEYNOTE PLENARY
Walking and Improving the Quality of Life
Walking is the preferred physical activity in the U.S. It is inexpensive and fun. It is great for ow personal
and public health; but it is also much more. Walking and walkable places improve our environment,
enhance our transportation systems, advances economic development and boosts recreation for all. This
improves our quality of life and contributes to every one's happiness. Quality of Life is the most
important element of economic competitiveness. To attract and retain highly creative and educated
people is the greatest challenge of economic development. Every city's current priority: To create life
style environments to which "wealth" creating people are attracted. But despite the many known
benefits, much still needs to be done. It is more thari building sidewalks and trails. It is about change of
lifestyle, and the way cities are built. The presentation showcases some international best practices and
suggests specific actions to follow. It's about creating walkable communities!
Presenter:
12:30 -1:15
1:15 - 2:15
Gil Penalosa, MBA Executive Director, Walk £� Bike for Life, Oakville, Ontario, Canada
LUNCH
PLENARY SESSION
Safe Routes to School and Introduction to New Law
Many fewer children walk to school today than did 50 years ago. The good news is the federal
government is interested in changing this trend. The recently-passed SAFETEA-LU transportation
reauthorization legislation includes a new, national Safe Routes to School program. The legislation
makes available $612 million in Federal funds over five fiscal years. Each state will receive a portion of
the funds and the funds aze to target K 8 schools. This session will provide the national perspective on
the Safe Routes to School program and some local efforts to help children walk to school.
Presenters: National Expert on Safe Routes to School (TBA)
Andrew Wheatcraft Educational Facilities Planning, Rochester City Schools
2:30 - 2:45 EXHIBIT BREAK AND POSTER SESSIONS
,
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DAY,. APRIL 17, 2007 CONTINUED
4:15 - 5:15 CONCURRENT SESSION 2
Improving Pedestrian Signal Timing and Crossing Clearance Intervals Based on
Demographic and Behavioral Trends
While the American Association of State Highway and Transportation Officials (AASHTO) G�reen Book,
AASHTO Pedestrian Guide, and FHWA Manual of Uniform Traffic Control Devices gives de�;igners the
"option" of timing signals for slower walking speeds, engineers often assume that the 4 feet/second (1.2
meters/second) "normal" design speed for the "pedestrian clearance interval" should be applied by
default. This design speed is being revised to 3.5 feet/second (1.1 meters/second) to a��count for
changing population demographic and behavioral trends.
Presenters: James Ercolano, MS Pedestrian Specialist, Pedestrian and Bicycle Program, NYS Department of
Transportation
Eric Ophardt, PE Progrnm Mnnager, Pedestrian and Bicycle Program, NYS DepartmE�nt of
Transportation
Land Use Tools for Walkable Communities
reasing the availability and attractiveness of pedestrian facilities can help revitalize dc�wntowns,
ovide an alternative means of transportation, and encourage a healthier lifestyle. This sessio:n provides
1 overview of several common municipal land use tools (zoning, site plan review, subdivision
egulations, and special use permit). The program then explores how these tools can be tailored to
improve pedestrian conditions by the requirement of sidewalks, pathways and other pedestrian
facilities, as well as through the encouragement of better site design.
Presenters: Peter Q. Manning Land Use Training Specialist, NYS Department of State, Division nf Local
Government
Christopher Eastman Land Use Training Specialist, NYS Department of State, Division of Local
Government
Pedestrian Safety for Aging Adults
How do we provide facts, explain risks, foster open communication, encourage safety... anci have fun
doing it? NYCDOT Safety Education hosted Senior Safety Month; a wonderful oppartunity to
concentrate safety outreach among the aging adult population and to establish a thorough p�rogram for
ongoing senior events throughout the year. The presentations included lively discussions, fun raffles
and a viewing of "There's More to Taking a Walk than Moving Your Feet," a video with �acilitator's
guide. Seniors responded to "What's your Pedestrian Safety IQ?" and "How Walkablfe is your
Neighborhood?" activities and were provided with a number of educational materials to take tiome.
A newly developed Queens County program surveys direct providers of services for seniors in an effort
to identify impediments to educating older citizens about their pedestrian habits. Survey r��sults then
e basis for any new public information and education campaigns.
Michelle L. Kaucic, M.P.A. Community Coordinator, NYC Department of Transporti�tion,
Office of Safety Education
Cindy Brown New York Coalition for Transporfation Safety
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WEDNESDAY, APRIL 18, 2007 CONTINUED
9:45 -10:45 CONCURRENT SESSION 4
Pedestrian Disaster Preparedness: What's a Walk-out Plan?
Mass evacuation on-foot is often the only means for people to quickly escape terrorist attacks, sudden
natural disasters; or to cope with other actions that may cause highway and transit systems to shut
down. Successful pedestrian evacuations witnessed during the 9/11 attack in New York City, August
2003 Northeast Power Outage, and the 1980/2005 New York City transit strikes show that walking is.the
most reliable/sustainable mode of travel for.overcoming obstacles.
Presente.rs: Ivan Vamos New York Bicycling Coalition
Jim Ercolano Pedestrian Specialist, NYS Department of Transportation
Active Living by Design
Presenter: to be determined
10:45 -11:15 EXHIBIT BREAK AND POSTER SESSIONS
11:15 -12:15 CONCURRENT SESSION 5
Complete Streets for New York
Description: This session will provide an overview of "Complete Streets," a new .policy approach that
integrates walking and bicycling as routine elements of infrastructure projects. Participants will learn
about the national Complete Streets movement, existing federa] policy, and a New York State guidebook
on how to get similar policies adopted in New York State. The presentation will also include an
overview of training programs available for local officials and advocacy organizations to learn more
about designing a safer, healthier built environment.
Presenters: Lois E. Chaplin Bicycle and Pedestrian Safety Specialist,. Cornell Local Roads Program
Jeffrey S. Olson, R.A. Alta Planning + Design, Saratoga Springs, Necv York
Historic Neighborhood Schoois: Anchors to Walkable Communities
Throughout the United States, magnificent and perfectly functional traditional neighborhood schools are
being abandoned for consolidated school campuses at remote sites to which few students walk or bike.
Funding policies with minimum acreage requirements and arbitrary maximum spending amounts for
rehabilitation versus new construction are often to blame. Learn about what some states are doing to
retain walkable neighborhood schools while they build community and reduce spending on school
buses and sprawL
Presenter: Roberta Lane Program Officer/Regional Attorney, National Trust for.Historic Preservation
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WEDNESDAY, APRIL 18, 2007 CONTINUED
11:15 -12:15 CONCURRENT SESSION 5
Public Health and the Built Environment - A Case Study from New York City
Transportation is a public health issue. This session will provide examples of how modifications to New
York City streets, including changes in timing of lights, how curb cuts are made, and how crosswalks are
designed have benefited the health of New Yorkers.
Presenters: Amy Pfeiffer Director of Planning, Transportation Alternatives
Karla Quintero Research Coordinator, Transportation Alternatives
Brooke DuBose Pedestrian Campaign Coordinator, Transportation Alternatives
12:30 -1:30 LUNCH
- 2:15 TOWN MEETING PLENARY SESSION
't miss this opportunity to discuss recent changes in the law that may have an impact on pedestrians
bicyclists. This session .will also provide a forum for discussing the use of existin�, laws and
ve proposals for the future that will impact these vulnerable users of our roadways.
Neal Schoen of DMV's Legal Division will be on hand to discuss this topic.
2:30 - 4:30
POST CONFERENCE TRAINING SESSIONS
(PREREGISTRATION IS REQUIRED)
Safe Routes to School
Presenter: to be deternuned
Complete Streets
Planning Safer Communities for Bicyclists and Pedestrians is a workshop from the Cornell Local Roads
Program. It is designed for local officials and planning board or council members for villa�es, towns,
cities and counties, and advocates who are interested in learning the basics of how to safely
accommodate bicyclists and pedestrians in their community. Participants in this abbrevia�ted session
will understand what the basic principles are that are covered in the day-long offering. They ;also have a
chance to critique interactive hands-on activities that are being designed for use with various, audiences
on a range of topics from planning to enforcement and engineering strategies.
Lois E. Chaplin Bicycle and Pedestrian Safefy Specialist, Cornell Local Roads Program
******************�***********
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HOTEL RESER VA TION FORM
Creating Walkable Convntniities
Radisson Hotel Corning
April 17-18, 2007
Reservations will be accepted until M81'Ch 23, 2007
After this date, reservations will be accepted on a space availability basis only.
You may make your reservation by completing this form and returning it to the hotel, by calling the hotel at 607-962-5000
or Radisson Central Reservations at 800-333-3333, you must request the
Creating Walkable Communities block to receive the group rate.
ROOM RATES — Please Circle One:
Government -$60.00 per night Must Provide Gov't ID at Check In
Non-Government & Vendor -$89 per night, plus 12% NYS Sales & Lodging taxes '
TAX EXEMPTION: The hotel MUST be supplied with the New York State Tax Exemption Certificate as ordered bv the New York State
Comptroller's Office, in order for you to receive NYS exemption status. Please attach form to your reservation to avoid any difficulties
or delays. If the Tax Exemption Certificate is not included, 4% Lodging Tax and 8% Sales Tax will be added to the above room rate.
"Method of Payment Name" must match the name on the tax exemption certificate.
Name:
Gl
Phone: (Daytime)
Arrival
Date:
Credit Card
N umber:
Expiration Date:
Check In: 3:OOpm Check Out: 1:OOpm
PLEASE PRINT OR TYPE
1S`-Occupant
Departure
Date:
2"d Occupan"t
Name:
Address:
Phone: (Daytime
Arriva]
Date:
Credit Card
Number:
Expiration Date:
Departure
Date:
Payment by Government Purchase Order — Approved Purchase Order must be received prior to arrival
ROOM PREFERENCE O Smoking O Non-Smoking
• Clean bicycles may. be taken to your hotel room.
The conference planning committee will provide cleaning materials at the hotel's back entrance for your convenience.
Any damage to the rooms due to bicylces will be the responsibilty of the individual and may be billed after check out.
RESERVATION GUARANTEE: All reservations must be guaranteed by one night deposit via check. You may also use
American Express, Diner's Club, Visa, Master Card or Discover to guarantee your reservation and it will be charged only
if you fail to cancel within 48 hours prior to evening of arrival. Check In Time — 3pm Check Out Time 1 pm
CANCELLATION POLICY: You may cancel your reservation up to.48 hours before evening of arrival. If you cancel
after 48 hours before evening of arrival or fail to arrive, you will forfeit your deposit or your credit card will be charged
one night stay.
MAIL or FAX TO: Reservations, Radisson Hotel Corning, 125 Denison Parkway East, Corning, New York 14830.
Fax: 607-962-4199
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March 12, 2007 Town Board Meeting
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Inventory Worksheet
For Loca1 Government Records
Government Name: Town of Ithaca
Contact Person:
Location:
Building:
Date Span:
Gail Kroll
Public Works Facility
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Department: Highway
Phone Number: (607) 273-1656
Room: � ' Shelf: Box #: _�
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SARA schedule for disposition:
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Name of Person Doing Inventory: Gail H. Kroll
Title: Administrative Assistant
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ed from SARA form
ed 1/ 2002 by Gail
C:63\ 63data\ highway\ form\ Recor dsDispForm
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TOWN OF ITHACA, NEW YORK
THE SUPERVISOR:
A 1255
March 12, 2007 Town Board Meeting
Agenda �¢ 2 �
FEB RUARY, 2007
ATTACHMENT #11
PAGE 1
nt to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received
in connection with my office durin� the month stated above, excepting only such fees and moneys t�e application
vment of which are otherwise nrovided for bv Law:
4
4
1
5
1
MARRIAGE LICENSES NO. 07005 TO 07008
MISC. COPIES
USE OF PARKS & BLDG
MARRIAGE TRANSCRIPT
REFUND OF PRIOR YEAR EXP
70.00
28.60
37.50
55.00
56.25
TOTAL TOWN CLERK FEES 247.35
A2544
DOG LICENSES
751.60
TOTAL A2544 751.60
B2110
11
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BUILDING PERMIT
SIGN PERMITS
ZONING BOARD MTG
TEMP CERTIFICATE OCCUP
ZBA AREA & USE VARIANCE
TOTAL B2110
3 SITE PLAN FINAL PLAN
1 ASS. MTG. FEE P.H. PROCE
1 REZONING/ZONING AMEND
9,730.00
324.00
400.00
667.50
100.00
950.00
50.00
175.00
11,221.50
TOTAL B2115 1,175.00
:,i !��: ' �,,� , i � iF ; iD ::,� i�� I
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FEBRUARY, 2007
page 2
DiS��JJRSEIVIENTS
PAID TO SUPERVISOR FOR GENERAL FUND
PAID TO SUPERVISOR FOR PART TOWN FUND
PAID TO COUNTY TREASURER FOR DOG LICENSES
PAID TO AG & MARKETS FOR DOG LICENSES
998.95
12,396.50
154.40
54.00
PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 90.00
TOTAL DISBURSEMENTS 13,693.85
MARCH 1, 2007
��'C��''^�- ��d`-"""`�"'"' , SUPERVISOR
CATHERINE VALENTINO
STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA
I, TEE-ANN HLJNTER, 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, exce�ting
only such Fees the application and payment of which are otherwise provid '—"
�
Subscribed and sworn to before me this � �-� � -'� � ��
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� day of
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" ` Notary Public
CARRIE WkiITMQRE
Notary Pub�'�� State of New York
Na 01WH6052877
Tioga County ,
Commission Exp�res December 2
Town Clerk
TOWN OF ITHACA
Public Works Department's Monthly Board Report
February for March 12, 2007 Meeting
ROADS
♦ Winter finally arrived with considerable lake effect storms, one big snow fall anc� winds which
set up drifting conditions. We mixed new salt ordered to replenish our stockpile.
� We patched potholes and water main break excavations with cold patch.
♦ We hauled #1 stone and crusher run for stockpiling—the #1 stone is used for water main
break repairs.
♦ Our tub grinding contractor ground up the brush pile. A portion if which was fi•om the
Village of Cayuga Heights.
♦ We had to use the grader to break up several ice flows that had begun freezing i� the roadway.
♦ Work on equipment and Public Works Facility continued, along with servicing small power
equipment.
♦ Several hazardous trees were cut down and removed.
♦ We sent out the Badger fitted with a wing blade to push back heavily cirifted areas on roads.
We also used our new Toolcat with the snow blower attachment to move snow back.
Our annual hearing test appointments were started at Ithaca College's Speech a�1d Hearing
Clinic.
PARKS AND TRAILS
❑ Snow removal at Town Hall and the commuter trails was worked on.
o Site inspections and dog-waste station maintenance were worked on.
❑ Began construction of Pew trail entrance signs in woodshop.
❑ Worked on and reviewed grant for the playground play structures.
WATER
■ Several water main breaks were repaired. They were located at 312 Salem Drive, 4 The Byway,
18 Renwick Heights Road,120 Sapsucker Woods Road, and at 142 Troy Road. We also
repaired a valve on Sapsucker Woods Road.
■ We opened up all water tank and pump station driveways after the deep snow of Valentine's
Day.
■ Our new trailer-mounted 6" pump was delivered. The salesman went over opE�ration and
maintenance with our staff.
Engineering Technician worked on plans and specifications for T-main replacernent project
near Winners Circle.
SEWER
a Weekly pump station checks were performed.
� DSNY mark-outs for Town-owned sewer.
a Engineering Technicians worked on as-built drawings.
Februar,��Projects
1.
2.
3.
Snow removal as needed.
Mixing Salt and Majic -O.
Maintain open culverts and catch basins for spring run-off.
4. Weekly site inspections and pump station checks.
5. Employee safety training.
6. Sign construction in woodshop.
7. Bird nesting box maintenance.
�
TOWN OF ITHACA PLANNING DEPARTn✓IENT
215 NORTH TIOGA STREET, ITHACA, N.Y.14850
Jonathan Kanter, A.I.C.P.
Director of Planning
(60� 273-1747
FAX (60� 273-1704
Planning Director's Report for March 12, 2007 Town Board Meetin�
DEVELOPMENT REVIEW
Januarv 2, 2007 Planning Board Meetin�:
Berkley/Corbett 2-Lot Subdivision, 227 & 221 King Road East: The Planning Boar.d granted
Preliminary and Final Subdivision approval for the proposed 2-lot subdivision (lot line
modification) located at 227 and 221 King Road East, Town of Ithaca Tax Parcel No.'s 45-2-6 and
45-2-5, Low Density Residential Zone. The proposal involves subdividing a 2.005 +/- acre parcel
of land from the western side of 227 King Road East, which will then be consolidated with 221
King Road East Robert Berkley and Eugene R. Corbett, Owners/Applicants.
Sleeper 2-Lot Subdivision, 156 & 158 Westview Lane: The Planning Board granted Preliminary
and Final Subdivision Approval for the proposed 2-lot subdivision located at 156 and 158 Westview
Lane, Town of Ithaca Tax Parcel No.'s 58-2-39.681 and 58-2-39.682, Medium Density Residential
Zone. The proposal involves subdividing the +/- 18,020 square foot property into two lots along the
existing property line where each unit of the existing duplex will be on an individual lot. This
property was previously subdivided without receiving approval from the Town of Ithaa� Planning
Board. Andrew P. Sleeper and Jane P. Sleeper, Owners/Applicants.
Stein 2-Lot Subdivision, 153 & 153-1/2 Westview Lane: The Planning Board granted Preliminary
and Final Subdivision Approval and modification of the original 1986 Grandview Subdivision
approval for the proposed 2-lot subdivision located at 153 and 153 '/z Westview Lane, Town of
Ithaca Tax Parcel No. 58-2-39.53, Medium Density Residential Zone. The propos�l involves
subdividing the +/- 28,200 square foot property into two lots where each unit of the existing duplex
will be on an individual lot. This proposal also required a modification of the ori�nnal 1986
Grandview Subdivision approval, which restricted this lot (Lot No. 35) to a single owrier duplex.
Stein Trust, Owner; Melanie Stein, Applicant.
Januarv 16, 2007 Planning Board Meeting:
Duffy 3-Lot Subdivision, 1301 & 1305 Hanshaw Road: The Planning Board granted F'reliminary
and Final Subdivision approval for the proposed 3-lot subdivision located at 1301 & 130:5 Hanshaw
Road, Town of Ithaca Tax Parcel No.'s 70-12-1 and 70-12-2.2, Medium Density Residential Zone.
The proposal involves subdividing off the southern portions of the two existing lots to create one
new +/- 1.381-acre lot (Parcel C) located on Warren Road, and modifying the location of the lot line
between Parcels A(+/- 0.762-acres) and B(+/- 0.860-acres). Gary & Donna Duffy,
Owners/Applicants. This is a modification of the 3-lot subdivision approved by the Town of Ithaca
Planning Board on June 20, 2006. The proposal has been slightly modified to now include the large
garage on Parcel A, and therefore not requiring any variances.
Recommendation to Town Board Regarding a Proposed Local Law Amending the Zoning
Provisions for Home Occupations: The Planning Board approved an affirmative recommendation
to the Town Board regarding a proposed local law amending provisions in Chapter 270, Zoning, of
the Town of Ithaca Code regarding home occupations.
Recommendation to Zoning Board of Appeals Regarding Sign Variances, Paleontological
Research Institution, 1259 Trumansburg Road: The Planning Board approved an affirmative
recommendation to the Zoning Board of Appeals regarding sign variances to allow four
banners/signs celebrating PRI's 75`h Anniversary, located at 1259 Trumansburg Road, Town of
Ithaca Tax Parcel No. 24-3-3.1, Low Density Residential Zone. Paleontological Research
Institutiori (PRI), Owner/Applicant; Amy Naim, Agent. The recommendation included several
conditions, including that the signs not be illuminated, that documentation of the necessary
approvals from NYSEG and NYSDOT be provided, that linbe of sight of motorists on Rt. 96 not be
obstructed, that no commercial sponsors be included on the signs, and that signs be replaced if any
become tattered. The proposal is to install four banner-like signs on utility poles along
Trumansburg Road, each sign measuring 2' by 6' (12 square feet). The signs would stay up for the
duration of 2007. The applicant withdraw a proposal for an additional 10' by 4' (40 square feet)
banner-like sign mounted on posts near the PRI driveway entrance.
Sketch Plan Review, Ithaca College Athletic & Events Center, Ithaca College Campus Near
Coddington Road Entrance: The Planning Board reviewed a sketch plan for the proposed Ithaca
College Athletics and Events Center located on the eastern side of the Ithaca College campus near
the Coddington Road campus entrance, Town of Ithaca Tax Parcel No.'s 41-1-30.2, 41-1-24, and
42-1-9.2, Medium Density Residential Zone. The proposal includes the construction of a+/-
300,000 square foot field house building (containing a 200M track, indoor field for practices and
games, seating and floor space for large events, Olympic size pool and diving well, indoor.tennis
courts, rowing center, strength and conditioning center, etc.) an outdoor-lighted artificial turf field
and 400M track, and the creation of 1015 +/- parking spaces (553 existing parking spaces moved
and 462 new parking spaces). The project is proposed in several phases and will also include new
walkways, access roads, stormwater facilities, outdoor lighting, and landscaping. Ithaca College,
Owner/Applicant; Richard Couture, Agent.
Sketch Plan Review, Ithaca College Fill Disposal Site, Ithaca College Campus North of
Emerson Hall: The Planning Board reviewed a sketch plan for the proposed Ithaca College Fill
Disposal Site located north of Emerson Hall on the Ithaca College campus, Town of Ithaca Tax
Parcel No.'s 41-1-24 and 41-1-12.2, Medium Density Residential Zone. The proposal involves
placing approximately 25,500 cubic yards of fill over a+/- 2.85-acre area during the next five years.
The fill will come from various construction projects on campus and the site will be graded and
seeded as fill is deposited. Ithaca College, Owner/ Applicant; Richard Couture, Agent.
Nomination and Election of Vice Chair for 2007: The Planning Board nominated and elected Eva
Hoffinann to serve as Vice Chair for 2007.
2
February 6, 2007 Planning Board Meetin�:
Discussion of SEQR Process for Ithaca College Athletic & Events Center, Ithac:i College
Campus: The Planning Board discussed the environmental review (SEQR) process for the
proposed Ithaca College Athletic and Events Center located on the eastern side of the Ithaca College
campus near the Coddington Road campus entrance, Town of Ithaca Tax Parcel No.'s 41-1-30.2,
41-1-24, and 42-1-9.2, Medium Density Residential Zone (see above description under Jan. 16`n
meeting for details of the proposal). Ithaca College indicated their intent to prepare a Draft
Environmental Impact Statement (DEIS) to evaluate potential environmental impacts of the project.
The Planning Board also declared their interest to be Lead Agency for the project. Ithac� College,
Owner/Applicant; Richard Couture, Agent.
French Lavender Flower Shop, 903 Mitchell Street: The Planning Board granted Preliminary
and Final Site Plan Approval for the proposed French Lavender Flower Shop to be located in an
existing building at 903 Mitchell Street, Town of Ithaca Tax Parcel No. 59-2-16, Mediuin Density
Residential Zone. The proposal involves converting the former knitting shop space (appr•oximately
1,128 sq. ff.) into a flower shop. The only exterior changes include minor plantings and the painting
of the building. Eunice A. McFall, Owner; Monique L. Morse, Applicant.
Longview Special Care Addition, 1 Bella Vista Drive: The Planning Board heard an update on
plans for the proposed Special Care Addition at Longview, an Ithacare Community, located at 1
Bella Vista Drive, Town of Ithaca Tax Parcel No. 39-1-1.31, Planned Development Zc>ne No. 7.
The proposal involves the construction of a+/- 24,000 square foot addition on the north side of the
existing building to serve up to 30 additional residents. The proposal will als�o include
approximately 11 new parking spaces, a new driveway, new walkways, and additional s;tormwater
facilities. The Town Board has referred the proposed zoning amendment of Planned Development
Zone No. 7 to the Planning Board for a recommendation. Ithacare Center Service Company, Inc.,
Owner/Applicant; Mark A. Macera, Executive Director, Agent. A public hearing had been
scheduled for consideration of Preliminary Site Plan Approval for the proposed addition, but was
postponed due to incorrect information in the hearing notice and materials that had been provided
by the applicant.
Sketch Plan Review, Cornell University Animal Health Diagnostic Center, Caldv�rell Road:
The Planning Board reviewed a sketch plan for the proposed construction of the Cornell University
Animal Health Diagnostic Center located off Caldwell Road in the northeast corner of t1.he College
of Veterinary Medicine Complex, Town of Ithaca Tax Parcel No.'s 67-1-10.2 and 67-1-�10.4, Low
Density Residential Zone. The proposal includes the demolition of several small an�d outdated
buildings for the construction of a new 4 story, +/- 126,000 square foot laboratory research building.
Cornell University, Owner/Applicant; John M. Keefe, Agent.
Sketch Plan Review, Cornell University Merrill Family Sailing Center Center, 1000 East
Shore Drive : The Planning Board reviewed a sketch plan for the proposed construc�tion of the
Merrill Family Sailing Center located at 1000 East Shore Drive, Town of Ithaca Tax Parcel No. 19-
2-29, Lakefront Commercial Zone (LC). The proposal includes the demolition of the existing
sailing center building far the construction of a new 2 story, +/- 5,466 square foot sailing center
with a+/-805 square foot lakeside observation deck. The project will also include the construction
of a new 15' x 80' boat storage pole barn to the south of the existing bathhouse and improvements
�
to the gravel boat launch. Cornell University has also requested that the LC Zone be amended by
adding educational and institutional uses as special permit uses in that zone. Cornell University,
Owner/Applicant; Robert Blakeney, Agent. �
Februarv 20, 2007 Planning Board Meetin�:
CampbeWStratakos 2-Lot Subdivision, 362 and 364 King Road West: The Planning Board
granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision (lot line
modification) located at 362 and 364 King Road West, Town of Ithaca Tax parcel No.'s 35-2-6.1
and 35-2-7, Low Density Residential Zone. The proposal involves subdividing a+/- 0.108 acre
triangular parcel of land from the southern edge of 362 King Road West, which will then be
consolidated with 364 King Road West. Peter & Christine Stratakos and Karen A. Campbell,
Owners/Applicants; Orlando Turco, Agent.
Update and Review of College Crossings Development, Northeast Corner of Danby Road and
East King Road: The Planning Board heard an update and had an informal discussion regarding
the proposed College Crossings Development located on the northeast corner of Danby Road (NYS
Route 96B) and East King Road intersection, Town of Ithaca Tax Parcel No. 43-1-3.2,
Neighborhood Commercial and Low Density Residential Zones. The proposal is for a+/- 22,000
gross square foot building to accommodate up to eleven tenants for new retail, commercial, and
office space. The project will also include 105 +/- parking spaces, landscaping, lighting,
stormwater facilities, sidewalks, and a new walkway connection to the College Circle Apartments.
Evan N. Monkemeyer, Owner/Applicant, Scott L. Freeman, Keplinger Freeman Associates and
James M. Kerrigan, Attorney, Agents.
Sketch Plan Review, Cornell University Utilities Department Service Yard, Central Heating
Plant, Dryden Road (Rt. 366): The Planning Board reviewed a sketch plan for the proposed
improvements to the Cornell University Utilities Department Service Yard located between Maple
Avenue and Dryden Road (NYS Route 366) around the Central Heating Plant, Town of Ithaca Tax
Parcel No.'s 63-1-8.1, 63-1-8.2, and 63-1-5, Light Industrial and Low Density Residential Zones.
The proposat involves improving an existing oil tank, expansion and reconfiguration of the existing
Cornell Maple Avenue substation, replacement of the existing coal conveyor with a new covered
coal conveyor, installation of a new coal off-loading structure, and the reconfiguration and
upgading of the existing service roadways. Cornell University, Owner/Applicant; Steve Beyers,
Agent. An overview of the future Cornell University .Combined Heat and Power Project and the
Cornell University Gas Line Project was also presented and discussed.
Update Regarding Revisions to the Westview Subdivision Stormwater Plan, Schickel Road
and Larisa Lane: The Director of Engineering provided an update to the Board regarding revisions
in the stormwater plan for the Westview Subdivision that is under construction.
Reviews for Zoning Board (ZBA): Seven applications for the Zoning Board were processed since
the January report as follows:
January 22, 2007 ZBA Meeting: (1) area variances were granted to permit two connected duplex
units to be on separate lots with insufficient lot widths at the street line and setback line, located at
153 and 153-1/2 Westview Lane, Medium Density Residential Zone, Stein Trust/Melanie Stein,
�
;
Appellant (the subdivision received conditional approval by the Planning Board on Jan. 2, 2007);
(2) area variances were granted to permit two connected duplex units to be om separate lots with
insufficient lot widths at the street line and setback line, located at 155 and 155-1/2 Westv:iew Lane,
Medium Density Residential Zone, Matoula Halkiopoulos, Appellant (the subdivision received
conditional approval from the Planning Board on Nov. 7, 2006); and (3) sign variances were
granted to permit the placement of four banner-like signs on NYSEG utility poles along
Trumansburg Road for PRI's 75`h anniversary celebration (off premises signs and signs on utility
poles are prohibited in all zones), located at 1259 Trumansburg Road, Low Density R.esidential
Zone, Paleontological Research Institution, Appellant, Amy N. Naim, Agent.
February 26, 2007 ZBA Meeting: (1) area variances were granted to permit the relocation and
attachment of an existing garage to the existing home far conversion into additional living space
resulting in enlargement of an existing non-conformity and insufficient side and rear yard setbacks,
located at 110 Judd Falls Road, Medium Density Residential Zone, Judith Kellock, Appellant; (2)
area variances were granted to permit two connected duplex units to be on separate lots with
insufficient lot widths at the setback line, located at 156 and 158 Westview Lane, Medium Density
Residential Zone, Andrew P. Sleeper, Appellant (the subdivision received conditional approval
from the Planning Board on Jan. 2, 2007); (3) a height variance was granted to permit the
construction of a home with a height of 42 +/- feet (the Zoning Code permits a maximurn building
height of 36 feet from the lowest interior grade or 38 feet from the lowest exteriar grade, whichever
is lower), located at 304 Old Gorge Road, Low Density Residential Zone, James A. Clark,
Appellant; and (4) an area variance was granted to permit an existing residence to remain with an
insufficient side yard setback on one side, located at 125 Terraceview Drive, Mediurn Density
Residential Zone, Randall Sampson, Appellant.
CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS
The following have been accomplished over the past two months.
Comprehensive Plan Review Committee: The first meeting of the new Comprehensive Pl�an Review
Committee was scheduled for February 14, 2007, but was postponed due to the snowstorm. The
meeting has been re-scheduled for Thursday, March 8, 2007 at 4:00 p.m. The agenda includes
discussion regarding goals, objectives and work plan of the Committee, discussion regarding the
overall timeframe of the Plan review process, and a meeting schedule for the remainder of 2007.
The Committee can provide a report at the March 12`h Town Board meeting.
Codes and Ordinances Committee (COC�: The Committee met on January 17`h and February 21 St,
2007 to complete review of existing regulations regarding docks and shoreline structures in the
Lakefront Residential Zone, discuss the resident survey regarding weekly rentals in the Lakefront
Residential Zone, discuss possible zoning amendments regarding amateur radio towers, begin
review of the existing chapter regarding signs in the Code, discuss 2007 work plan priorities, and
discuss possible regulations regarding wind energy facilities. The next COC meeting is scheduled
for March 21, 2007. Tentative agenda items include continuation of discussion of regulations
regarding wind energy facilities and continuation of discussion of regulations regardirig amateur
radio towers. Attached to this report is a copy of the approved work plan priorities list based on the
discussion at the February 2151 meeting.
5
Transportation Committee/Transportation Plan: Staff has compiled and addressed public comments
received regarding the Transportation Plan, and has prepared a revised draft of the Plan accordingly.
The Transportation Committee met on February 23, 2007 to review the revised Plan, and decided to
make several additional minor revisions prior to sending the Plan back to the Town Board for
consideration of adoption. The Committee tentatively scheduled a meeting for Monday, March 26,
2007 at 4:00 p.m. to complete its review of the revised Plan. The proposed timeframe would be to
send the revised Plan to the Town Board at the April 9`h meeting for consideration to schedule a
public hearing on the Plan (hopefully the public hearing would be scheduled for the regular Town
Board meeting on May 7`h, 2007).
The Committee also set its tentative meeting schedule for 2007, and discussed possible priority
items for discussion at upcoming meetings. Except for the March 26`h meeting, all meetings would
be held on the fourth Wednesday of each month from 4:00 to 5:30 p.m.
The Committee also received the final draft of the Forest Home Traffic Calming Plan (Feb. 1,
2007), which was distributed at the February 23rd meeting. Committee members were asked to
review the FH Traffic Calming Plan and be prepared to discuss it at the next Committee meeting if
time permits (copies of the FH Traffic Calming Plan are available in the Planning Department if
other Town Board members are interested in seeing it at this point.
Conservation Board: The Conservation Board met on January 4th, February ls`, and March lst, 2007 to
discuss status of committee work, including that of the Scenic Resources Committee, plans for the
Richard Fischer Award for the upcoming year, 2007 work plan priorities, possible energy conservation
strategies, and goals for a possible tree preservation ordinance. The Scenic Resources Committee is
preparing 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
im�ortant scenic locations. Funding for the insert will be discussed with the Town Board at the March
12` meeting. The next Conservation Board meeting is scheduled for April 5, 2007.
Ithaca-Tom�kins Countv Transportation Council (ITCTC Planning Committee: The ITCTC Planning
Committee met on February 13, 2007 to discuss the 2007-2012 TIP Update and the 2007/08 Unifietl
Planning Work Progam, which includes the proposed Budget for that timeframe, based on the
anticipated availability of federal and state funding that supports the work of the ITCTC. The next
meeting of the ITCTC Policy Committee is scheduled for March 13, 2007. The next meeting of the
ITCTC Planning Committee is scheduled for April 17, 2007.
Planning staff also attended a Sub-committee for review of the proposed TIP update projects. This
included representatives from the state, county and some of the participating municipalities. Many of
the new projects proposed in the TIP update do not appear to have made the cut of state approval of
projects, including many of the proposed County road projects. There will be further updates in the
next couple of months.
2006 Annual Report: The Planning Deparhnent completed its 2006 Annual Report, which was
submitted to the Town Board at the February 12`h meeting.
�
J
Tompkins County Housin Sg trategy: As follow up to the County Housing Needs Study cornpleted in
2006, the County Planning Department has drafted a proposed Housing Strategy document khat it will
be discussing with the Council of Governments and municipalities in the near future. The str•ategy will
propose several key ways to address the projected need for 4,000 units of affordable r�ousing in
Tompkins County over the next ten years, including the need to locate sites for new housing in and
around the urbanized area (particularly in the City and Town of Ithaca and Town of Lansirig) and by
promoting affordable housing through such means as inclusionary and incentive zoning, establishment
of a community housing trust to acquire and own land on which affordable housing can be; built and
maintained, through an employer assisted housing purchase program in which major employers could
offer low interest financing and/or closing cost assistance to employees, and the establishment of a
community housing affordability fund to help fill the current gaps in federal and state housing
programs.
Comell T-GEIS: The Resource Committee met on January 11`h and February 22nd, 2007, and the
Project Team met on January 30`h, 2007. The T-GEIS consultants presented the results of the Cornell
Travel Survey, the Neighborhood meetings and surveys that have been conducted in 2006, and the
impact analysis of intersections and corridors. The consultants will be preparing monthly update
reports. The next meeting of the Resource Committee is tentatively scheduled for March 28, 2007.
The next Project Team meeting is scheduled for March 13, 2007.
Economic Development Collabarative Worksho�: The ED Collaborative held a workshop on January
23, 2007, focusing on the three primary goals in the Economic Development Strategy update —
housing, work skills, and revitalization. Participants discussed their top objectives and priorities in
those three categories. There will be a report and follow-up on this workshop in the near fuhzre.
North Campus Gatewa.y Study: As a result of the Cornell Master Plan process, the T-GE�S, and the
proposed Cornell Day Care Center adjacent to A-Lot off of Pleasant Grove Road, there is renewed
interest by the Town of Ithaca, Cornell, and the other participants in following up on the proposals and
recommendations in the North Campus Gateway Study that was coordinated by the ITC"TC several
years ago. The Study recommended a number of improvements around the North Ca�npus area,
including the possible construction of a new road near A-Lot to channel traffic more direc;tly toward
the Cornell campus, thereby helping to reduce traffic going through Forest Home. Town officials have
met with Cornell representatives several times over the past month to make sure that the praposed Day
Care Center will not preclude the opportunity for a North Campus Gateway road and other
enhancements such as a Visitor Center and new signs to focus traffic mare directly into tlie campus.
The ITCTC will be scheduling a meeting of the North Campus Gateway Committee, including
representatives from Comell, the Town of Ithaca, City of Ithaca, Village of Cayuga H:eights and
Tompkins County, within the next couple of weeks.
7
TOWN OF ITHACA CODES & ORDINANCES COMMITTEE
WORK PLAN PRIORITIES FOR 2007 AND BEYOND
The following is a list of work plan priorities identified by the Committee for 2007, along with
summaries of the status of each item (annotated in red). These are listed in priority categories, starting
with the highest priorities. This outline is intended to provide a framework for Committee work in
2007 and future years but is intended to be flexible, understanding that other items tend to come up
throughout the year.
HIGHEST PRIORITY
1)
�
3)
4)
Complete Proposed Stream Setback Ordinance — Draft law completed and circulate�d to
agencies for preliminary comment
Enact Coy Glen Conservation Zone — Draft report prepared and under review by st�aff
Revise Requirements for pocks and Other Shoreline Structures in Lakefront Resid�ential Zone —
Underway, almost completed
Regulations Regarding Amateur Radio Towers - Underway
5) Regulations Regarding Wind Energy Facilities — Research and analysis of possible approaches
were conducted by staff; next step is to draft proposed regulations, focusing on residential-scale
facilities
NEXT PRIORITY
6) Clarify Regulations Regarding Accessory Structures in Residential Zones
7) Review and Possible Amendments of Sign Chapter — Preliminary review and analysis prepared
by staff; priority of revisions to be determined by COC
8) Amendments to Chapter 129 Unsafe Buildings — To be proposed by Code Enforcement
Officers
9) Continue Coordination With Others on Storm Water Management Ordinance — Ongoing, draft
law being prepared by staff
10) Revision of Noise Ordinance (in conjunction with cooperative efforts with City of Ithaca and
Ithaca College) — Noise chapter amendments were adopted by Town Board; there �ias been
discussion regarding possible further amendments
11) Overall Code Amendments to Reflect Re-organization of Former Building & Zoni:ng Dept.
OTHER PROJECTS TO CONSIDER
12) Tree Preservation Regulations — Not started
13) Wetlands Protection Ordinance (Being Considered by Conservation Board) — Not started
14) Consider Affordable Housing Regulations (this may be a several year project, including
research on regulatory approaches, working with County Planning on their housing needs
assessment, and development of draft regulations — either incentive approach or mandatory
inclusion of affordable housing units) — County housing needs report completed; Town staff
has done additional research and analysis and prepared draft analysis of Town of Ithaca needs
15) Consider Viewshed Protection Regulations (after Cons. Board Viewshed Study is done) —
Conservation Board is still working on scenic view inventory
Town of Ithaca Planning Department
February 22, 2007
2
�
:
]..:�rl:.,,, oer.,,�tC
........�.. .� _' ""'""
BP # Date
6815 2/2/2007
� 6814 2/8/2007
16816 2/22/2007
� 6817 2/28/2007
� 6818 2/28/2007
I Totals
Certificates ot Ucc�
BP # Address
6778 950
6599 159
I 6814 903
6802 29
16565 427
Town of Ithaca Building and Zoning Monthly Report
,F7�bruarv 1, �007 to �.��ar`1' 28, 2007
Value Description fee category
$48,000.00 Construct 480 square foot roof mounted $100.00 renovations to
Photovoltaic System residential
$500.00 Remodel mercantile building to create
French Lavendar flower shop
$13,489.00 Remodel, remove illegal apartment,
repair structural damage
$240,000.00 New 2 story, 3 bedroom single-family
home
$75,000.00 Construct 1 hour partition walls to create
Laser Lab & control room
Danby Rd
Ridgecrest Rd
Mitchell St
Fairway Dr
Warren Rd
I 6813 155.5 Westview Ln
I 6813 155 WesNiew Ln
� 6786 139 King Rd E
Comalaints
Date
2/7/2007
2/15/2007
2/21 /2007
2/21 /2007
Address
Description
Reconfigure Suite 200 for TPG
800 square foot one story addition
$25.00 business
$60.00 conversions of use
$550.00 new single-farriily
homes
$200.00 business
Remodel mercantile building to create
French Lavendar flower shop
Convert unfinished basement area into
habitable space
Conversion from 2 family to single-family;
demolish attached storage building
Convert two-family residence into two
attached single-family residences
Convert two-family residence into two
attached single-family residences
Enclose porch and convert into living area
9 Apple Blossom Ln
119 W illiams Glen Rd
1105 Trumansburg Rd
Existing Building CO
Wednesday, March 07, 2007
Complaint Type
correspondence
building code
fil I
fill
CO Temp
2i5/2oo� ❑
2/5/2007 ❑
2/7/2007 ❑�
2/7/2007 ❑
2/7/2007 ❑
2/22/2007 ❑
2/22/2007 ❑
2/22/2007 �❑
Disposition
Other
Pending
Pending
Pending
Page 1
Town of ithaca Building and Zoning Monthly Report
Febru�� 1�;,= Z007 to Fer�nzart� 28, 2007
Field Visits
Building Code
Complaint/Investigation
Fire Safety
Fire Emergency
Total
Wednesday, March 07, 2007
33
7
2
0
42
Page 2
e
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Date
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02/02/2007
02/02/2007
02/06/2007
OZ/07/2007
02/09/2007
02/12/2007
02/13/2007
02/16/2007
02/22/2007
02/28/2007
02/O 1 /2007
02/02/2007
02/26/2007
02/OS/2007
02/06/2007
02/07/2007
02/13/2007
02/23/2007
02/26/2007
02/07/2007
02/07/2007
02/13/2007
02/ 16/2007
02/20/2007
B2110 - B2110 Transaction Report
For the period 02/O1/2007 through 02/28/2007
Comment
59.-2-16
58.-2-39.45
35.-1-11
39.-1-1.2
60.-]-2
41 .-1-30.2, -30.4
31.-6-1.21
19.-2-16
58.-2-39.45
60.-1-11.1
54.-5-15
59.-2-16
33.-3-2.7
24.-3-3.1
39.-1-1.2
33.-1-4.14
59.-2-] 6
39.-1-1.2
44.-2-2
24.-4-] 4.24
58.-2-682
46.-1-15.30
43.-2- ] 0
43.-1-3.6
21.-1-5
Name
MORSE, MONIQUE
SCHICKEL CONSTRUCTION
CARPENTER FOR R. BECK
SOUTH HILL BUSINESS
CAMPUS
CORNELL UNIVERSITY
ITHACA COLLEGE
TAMMO STEENHUIS
MOORE, MICHAEL
RANDALL SAMPSON
ZORN, JEFF
HILKER, WILLIS S
MORSE, MONIQUE
RESNICK MATTRESS
PRI
SOUTH HILL BUSINESS
CAMPUS
KEVIN MCAFEE
FRENCH LAVENDER
SOUTH HILL BUSINESS
CAMPUS
ELMO, ANN AND MICHAEL
OVERLOOK AT WESTHILL
lI
SLEEPER, JANE PARRY
CLARK, JIM
NAMGYAL MONASTERY
MONTESSORI SCHOOL
REIZES, MARGARET
Quantity
1
1
1
1
1
l
1
1
1
1
1
ll
1
1
4
6
1
1
1
1
1
i
C
1
1
1
1
i
5
�
25.00
70.00
100.00
25.00
350.00
8,000.00
60.00
550.00
l 00.00
350.00
] 00.00
9,730.00
28.00
120.00
176.00
324.00
25.00
62.50
25.00
30.00
25.00
500.00
667.50
100.00
100.00
l 00.00
100.00
100.00
500.00
Total Sales 2s 1�,22�.so
Town Engineer's Report for 3/12/2007
Town lBoard Meeting
TOMPKINS COUNTY EMERGENCY PLANNING COMMITTEE
The Town Engineer is the Public Officials Representative member of the Emergency Planning Committee, and serves 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 counry municipal governments regarding emergency
management programs in the county.
The Tompkins County Department of Emergency Response and the Tompkins Counry Emergency Management Planning
Committee are sponsoring a Public Officials Conference (POC) Thursday, March 29`h, 4:30 — 7:00 PM in the Ithaca Town
Hall Board Room, 215 North Tioga Street, Ithaca. The purpose of the Conference is to update all municipal officials,
especially those newly elected, on emergency preparedness and planning mandates affecting operations and fu.nding.
The Agenda for the Conference is as follows:
•
Registration
Welcome and
- 4:30 - 4:45 PM
Introductions - 4:45 PM
• Municipal Officers Responsibilities During and Emergency = S:OO PM
o June 28, 2006 Flooding - Lessons Learned
• Incident Command System Training Requirements and Municipal Officials Educational
Opportunity (IS402) - 5:45 PM
• E`mergency Management Updates - 6:00 PM
o County Communications System Status
o Emergency Management Planning - Is Your Municipality Ready?
o Funding Availa.bility - Where's the Pot of Gold?
• Questions and Answers - 6:30
Refreshments will be served. Please RSVP to the Department of Emergency Response at 607-257-3888 or via e-mail to
cstrizack a tompkins-co.org by Friday, March 16`�'.
EARTH FILL PERMITS
One citation of a violation of the Excavation and Fill Ordinance was investigated and a citatic�n issued for tax
parcels 26.-4-2, 26.-4.3 and 26.-4.9, in the vicinity of Williams Glen. Resolution of the violat:ion is pending.
WATER PROJECTS
Trumansburg Road Water Main Improvements
Final design has been completed and bid specifications are being prepared 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 continues to be on hold until the County finalizes a construction schedule for the
Hanshaw Road reconstruction project.
TOWN ENGINEERS REPORT 3/12/2007
SEWER PROJECTS
Sewer Joint Committee
There was no SJC meeting in February.
Joint Interceptor Sewer Projects
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 wark on the watershed plan for t he Northeast area. A stormwater management plan for
the proposed Briarwood Il subdivision has been received from the developer and has been reviewed by the Engineering Staff.
Because of the sensitivity of the drainage issues in the area a proposal for an independent consultant review will be presented to the
Board at the March meeting.
DEVELOPMENT REV�EW
CAYUGA MEDICAL CENTER
Engineering staff is monitoring the sediment and erosion control practices. Most of the site work has been completed and restored.
WEIDERMEIR SUBDIVISION
Sediment and erosion controls are being monitored. The NYS stormwater monitoring regulations require a subdivision devel
to maintain the sediment and erosion control components of the entire site until all construction is completed on all ]ots 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 and should be ready for execution in March.
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 abd installation of uti]ities.
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.
SIGGS BUILDING DEMOLITION
Demolition ofthe old Biggs A building has been�completed. 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 Eneineer's Report March ]2, 2007
Daniel R. Walker Page 2 3/7/2007
Regular Meeting of the Ithaca Town Board, March 12, 2007
Human Resources Report for January-February; 200� ']
Board Personnel Committee:
The committee set their meeting schedule as the 3rd Thursday of the month.
See attached notes from January's meeting. February's meeting was canceled
due to the snow storm.
• Emplovee Relations Committee:
The committee met in February to discuss some personnel policies.
Recommendations regarding the Employer Sponsored Events and Sick TimE;
policy will be referred to the Board Personnel Committee.
Safetv Committee:
The committee met in February and reviewed accidents/ incidents that have
occurred since December. We discussed the Annual PERMA conference ar�d
who we recommend to attend that this year. The committee discussed the safety
inspection that was done on the Public Works Facility and upcoming training.
Fi'rst Aid and CPR for Adult training has been scheduled for the staff.
Traininq and Development:
After receiving results from the Microsoft Computer Assessments; we have
scheduled two trainings that are available to the staff: Access level 1 and Excel
level 2.
Fred Noteboom and I met with Susan Greener, TC3, to discuss future training
needs for the Public Works staff. A program for the employees has been
scheduled for March 23�a
Personnel — Civil Service:
Paul Tunison, AI Carvil, Connie Wilcox, Commissioner, and I interviewed
candidates for the Finance Manager position. From the over 40 applications we
interviewed 7 candidates. We recommended the hiring of Pamela Van Gelder,
who will be starting in March.
Commercial Insurance (Ithaca Aqencv — Selective Insurance Companv):
Worked with Ithaca Agency in processing the Town's renewal for January 1�t
also worked with Ithaca Agency on the renewal for Bolton Point's insurance.
Workers' Compensation (Public Employers Risk Manaqement Assoc — PERMA :
There were no new claims filed this month.
Disabilitv Insurance: There are currently no employees out on disability.
Unemployment Insurance: Currently there is one unernployment claim.
Submitted By:
Judith C. Drake, PHR
Human Resources Manager
o �y OF I T�
� 9Y
�w
�
TOWN OF ITHACA
�°� 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273-1721
PUBLIC WORKS DEPARTMENT 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-5854
The regular meeting of the Personnel Committee was held:
Thursday, January 25, 2007
3:00 — 5:00 pm
Tioga Conference Room
Those present: Jeff Cowie, Chair, Catherine Valentino, Peter Stein
Others present: Judy Drake, Dan Walker, Fred Noteboom
AGENDA
1. Set meeting schedule for 2007
Will be the 3rd Thursday of the month from 3-5pm in Tioga Conference Room.
3�d Thursday: 2/15, 3/15, 4/19, 5/17, 6/21, 7/19, 8/16, 9/20, 10/18, 11 /15, 1�:/20
2. Discuss retiree's health insurance request - Judy Drake
Judy handed out sheet with information regarding when retiree retired and the
health insurance policy at that time. Committee discussed options available.
Committee came to consensus on recommendation to Board: Allow retiree io enroll
with Town's health insurance effective February 1, 2007; at the 65%35% co:>t share
he would have been under if he stayed on the insurance in 2000; can be enrolled
until able to go on Medicare. Recommendation will be added to 2/5/07 Towr� Board
meeting agenda.
3. Discuss request of Highway Superintendent to increase hours for
Stanley Schrier — Fred Noteboom
Fred Noteboom attended to discuss the possibility of increasing Stanley Schrier's,
Laborer, hours from 37.5 full time to 40 hours full time and have him not work at
Town Hall in the mornings. This would result in some changes to the cleaners
duties for Town Hall. Part of this scenario would be that we won't not have a�
cleaning service for Public Works facility, but rather Stanley would be taking over
that duty as part of his regular work.
Recommended to come back for further discussion at a later meeting.
4. Discuss hours for Code Enforcement Officers- Dan Walker
Dan Walker attended to discuss the possibility of increasing the Code Enforc;ement
Officer's hours from 37.5 full time to 40 hours full time. The discussion was �two part
current request to expand hours and the future needs of the Town. More
information will need to be discussed on the future needs.
�L
Committee recommended referring to the Town Board for February 12th to increase
the hours of the Code Enforcement Officer to 40 hour work week. There will be no
budget implications as this increase was in the budget.
5. Salary Issues- Gluestions — Peter Stein
Started preliminary discussion of 2008 salary schedule and how the job
classification program was developed. Will continue this discussion further at next
meeting.
6. 4:30 - 5:00 Closed session: Jeff, Peter, Judy — Grievance work
:�
,
2007 TAX COLLECTION
RECEIVER OF TAXES
MONTHLY REPORT
AS OF FEBRUARY 28, 2007
TOTAL NO. OF TAX BILLS ON WARRANT: 5182
TOTAL TOWN WARRANT (LEVY):
02/06/07 FULL & FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR
TOTAL WARRANT BALANCE DUE:
MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR:
O1/31/07 JANUARY INTEREST RECEIVER'S CHECKING ACCOUNT
02/14/07 MATURED CD INTEREST
02/28/07 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN APRIL)
03/15/07 MATURED CD INTEREST
03/31/07 MARCH PENALTIES (PAID TO SUPERVISOR IN APRIL)
$ 5,620,017.46
$ 5,620,017.46
$ 00.1)0
1,935.00
5;743.C�7
1,693.2.3
OO.C►0
********************************************************�*******************�:**�:*****�****
TOTAL TOMPKINS COUNTY WARRANT:
5/07
1 /07
10/07
1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
2ND PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
3RD PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
BALANCE DUE TOMPKINS COUNTY WARRANT:
$ 7,351,837._�0
$ 3;000,000.00
$ 00.00
$ 00.00
$ 3,000,000.00
MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTYBUDGET/FINANCE:
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Network/Record Specialist Report
March 12, 2007
New Page: Added video clip of Tutelo Park's grand opening to Tutelo webpage.
Site of the Month page: ICSD Facilities Bond Information website
MS Office 2003 upgrades continue.
Patches to servers and clients for adjusted 2007 Daylight Saving Time.
New wireless access point (WAP) to be installed this month at Public Worlcs Facility. The
wireless in the Town's facilities ARE NOT public access hot spots as one rnight find at a cafe.
Visitors to Town Hall or Public Works must first receive a temporary password which will grant
them limited access. Town staff has full access to network resources. Town Board members
who need wireless access at our facilities should see Lisa in order to enable your device.
Please contacf Lisa with questions regarding this newly available technology.
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OF IT
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TOV�►TN OF ITHACA
�, 18 2'- �,� 215 N. Tioga Street, Ithaca, N.Y. 14850
��' '�° www.town.ithaca.ny.us
TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-174'!
PLANNING 273-1747 ZONING 273-1783
FAX (607) 273-1704
To: Cathy Valentino, Supervisor Town Of Ithaca
Sandy Gittelman, Councilperson
Will Burbank, Chair Recreation & Human Services Committee
Peter Stein, Councilperson
Pat Leary, Councilperson
Jeff Cowie, Councilperson
Herb Engman, Councilperson
From: Marnie Kirchgessner, Recreation and Youth Coordinator
January & February 2007
Youth Employment
The demand for assistance locating employment continues to grow. Although this year's
year to date overall number (13) is consistent with last year; 7 of 2006 youth were ca�.ry-
overs as interns and in the history project. This year only two youth are carry-overs
(continuing assignments). With the change in hours for the high school after school
placements are more difficult for the youth. The YMCA has welcomed youth there and
has given permanent employment to youth in the program who want to continue. This
was a real success demonstrating the effectiveness of this investment in youth. The
Aquatics Director had to be convinced to interview the first youth because at 15 he
considered the applicant "too young" to do the job. After completion of the training
progam he was hired by the YMCA and continues in his employment and school.
To respond to the increasing demand IC intern Lawrence Rotuno is working on
curriculum development for a progam for youth that the Town can offer to assist youth
organize and successfully complete their own search. The progam will again be
represented March 24 at the GIAC youth employment fair. Lawrence has also completed
an evaluation tool I can give to participants to incorporate ideas they may have for
improvements. The Towns program is part of a continuum of employment opportunities
and provides important opportunities for both the youth and their sites. (Parents have also
been exceeding grateful in some case just for the assist in pointing the young people in
the "right" direction.)
Joint Youth Commission
With the vacancies being filled the Commission has established an active calendar fc�r the
year. Annual goals have been established with continued support for after school and.
community service programs for middle school students and job skill opportunities for
high school students. Karen Coleman of County Youth Services will be completing an
annual report for 2006 and presenting it to the Commission in March.
Recreation Partnership
A series of ineetings have been established to determine if changes or modifications are
needed to the original agreement that was extended until the end of 2007. A facilitated
session was held on 2/28/07 where strengths and concerns of the current agreement were
outlined and a time table to have language to the municipal boards by May.
Recreation and Human Service Committee
The Committee established goals for 2007 to be reviewed at the next meeting (March 7,
2007). Based on those goals I established an extensive work plan for the year that I will
be establishing priorities with Cathy. The committee would like to establish a"Meet your
official" event and thoughts on how and when you might see yourself participating would
be appreciated. Expanding (and/or creating) family events to avoid duplication and craft a
community identity continues to consume a lot of energy but is very rewarding.
Maintaining information on youth and providing information of possible interest to them
results in responses such as these.
Hey Marnie,
Thanks for
talk to my
Thanks,
Will
the forward. That actually looks pretty appealing. I'm gonna
parents and look into it.
hi marnie, thanks for the email on the teen mini gants, it could turn out to be very useful
for some events my friends and i have been thinking about. Also, i was planning of trying
to get a job this summer and was wondering if you could maybe help me find one.
anyways thanks again
Chris D
Related Activity
The Town's.Adopt a park progam appears headed for great success. Rich and I started .
with a goup of residents from the Pine Tree Road area who are enthusiastically
becoming involved "adopting" East Ithaca Preserve. Members have all sorts of ideas and
assisted with ideas for forms and process. IC student Ben Bromberg is actively involved
with development of management plans for all the parks and trails beginning with the
preserves.
Articles in the spring newsletter will outline plans for upcoming spring events including
an opening of Tutelo Ball field on Saturday May 5. Planning activities for summer
employment programs to supplement the Towns program have also occurred.
Celebrations grant requests were completed and submitted for more signage at Tutelo as
well as from the festival Committee. Rich and I also met with Chrys Gardener about
beautification grants. After a list of projects that meet program guidelines are approve;d
by Chrys the town is entitled to up to $5,000 that can be matched by expenses for the
youth corps and or volunteer hours put in by groups such as the East Ithaca Adopt a park
tearn.
iG
�
:
2007 TAX COLLECTION
RECEIVER OF TAXES
MONTHLY REPORT
AS OF FEBRUARY 28, 2007
TOTAL NO. OF TAX BILLS ON WARRANT: 5182
TOTAL TOWN WARRANT (LEVI�:
02/06/07 FULL & FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR
TOTAL WARRANT BALANCE DUE:
MISCELLANEOUS PAYMENTS TO TOWN OFITHACA SUPERVISOR:
O1/31/07 JANUARY INTEREST RECEIVER'S CHECKING ACCOLJNT
02/14/07 MATURED CD INTEREST
02/28/07 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN APRIL)
03/15/07 MATURED CD INTEREST
03/31/07 MARCH PENALTIES (PAID TO SUPERVISOR IN APRIL)
$ 5,620,017.4b
$ 5,620,017.46
$ 00.00
1,935.00
5,743.0'7
1,693.23
00.00
�****�****�******�:************�*******�**************************************:*************
TOTAL TOMPKINS COUNTY WARRANT:
/07 1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
1/07 2ND PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
0/07 3RD PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE
BALANCE DUE TOMPKINS COUNTY WARRANT:
$ 7,351,837.3i0
$ 3,000,000.00
$ 00.0�0
$ 00.00
$ 3,000,000.00
MISCELLANEO US PA YMENTS TO TOMPKINS CO UNTY B UD GET/FINANCE:
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