No preview available
HomeMy WebLinkAboutTB Minutes 2007-05-07 Regular Meeting of the Ithaca Town Board Monday , May 7 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature 4 . Report of City of Ithaca Common Council 5 . Report of Fire Commission 6 . 6 : 00 p . m . - Persons to be Heard and Board Comments 7 . Consider setting a public hearing regarding a Local Law amending Chapter 270 , titled "Zoning " , of the Town of Ithaca Code regarding amateur radio facilities 8 . Consider setting a public hearing regarding a local law amending Chapter 270 , titled "Zoning " , of the Town of Ithaca Code regarding definitions of front , rear, and side yards 9 . Consider setting a public hearing regarding approval of contract with Village of Cayuga Heights for fire protection 10 . 6 : 45 p . m . Public Hearing - regarding a Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 11 . Consider adoption of a Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 12 . 7 : 00 p . m . - Public Hearing regarding adoption of Town of Ithaca Transportation Plan 13 . SEQR — Town of Ithaca Transportation Plan 14 . Consider adoption of Town of Ithaca Transportation Plan 15 . 7 : 15 p . m . - Town of Ithaca Storm Water Management Plan Annual Report to NYS DEC — discussion and opportunity for public comments and questions L5 16 . Authorize emergency repairs for Forest Home Drive by the intersection of Plantation Road 17 . Follow-up discussion regarding proposed Carrowmoor development on Mecklenburg Road 18 . Consider setting a public hearing regarding replacement of a portion of the Trumansburg water main 19 . Consider setting a public hearing regarding replacement of a portion of the Hanshaw Road water main 20 . Consider Authorizing the Implementation and Funding for the Gateway Trail Project 21 . Consider appointment of Planning Board member 22 . Authorize the extension of Temporary Provisional Planner appointment 23 . Consider approval of Commercial Cleaning Proposal 24 . Consider purchasing additional insurance coverage 25 . Approval of sale of surplus items 26 . Consider Immigrant Enforcement Resolution 27 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract d . Approval of Extending " Hold " on attendance at sponsored functions policy e . Approval of revisions to Sick Time Policy f. Approval of Revisions to Safety Toed Shoe Policy g . Approval of Taxable Fringe Benefit Changes h . Approval of ratifying provisional appoint of Account Clerk Typist- SCLIWC 28 . Report of Town Committees a . Agricultural Committee b . Agricultural Land Preservation Committee C . Capital Projects and Fiscal Planning Committee d . Codes and Ordinances Committee e . Comprehensive Plan Review Committee f. Ethics Board g . Personnel Committee LOOZ `11 aunt panoaddd 'RugaaW pno8 umol aeln53-N LOOZ `L XeW h . Public Works Committee i . Recreation and Human Services Committee j . Safety Committee k . Transportation Committee 29 . Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Shared Services Committee C . City/Town Trail Committee d . Joint Youth Commission e . Lake Source Data Sharing f. Pegasys Oversight Committee g . Recreation Partnership h . Southern Cayuga Lake Intermunicipal Water Commission i . Special Joint Committee ( Sewer) 30 . Report of Town Officials a . Town Clerk — Records Access Presentation b . Highway Superintendent C . Director of Engineering d . Director of Planning e . Budget Officer f. Manager of Human Resources g . Network/Records Specialist h . Recreation and Youth Coordinator i . Attorney for the Town j . Receiver of Taxes 31 . Review of Correspondence a . 4/28/2007 letter from Town of Danby re proposed local law amending subdivision regulations b . 4/2007 letter from NYS re 2007-2008 grant cycle C . 4/27/2007 letter from Penelope Gerhart re drainage d . 5/2/07 notice from NYSDOT re Coddington Road speed limit reduction request 32 . Possible executive session to discuss the employment histories of particular persons 33 . Consider Adjournment May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 Regular Meeting of the Ithaca Town Board Monday , May 7 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York THOSE PRESENT Supervisor Valentino ; Councilman Burbank ; Councilwoman Gittelman ; Councilman Engman ; Councilman Stein ; Councilwoman Leary THOSE EXCUSED Councilman Cowie ; Al Carvill , Budget Officer STAFF PRESENT Tee-Ann Hunter, Town Clerk ; Creig Hebdon , Engineer; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ; Judy Drake , Human Resources Manager ; Susan Brock , Attorney for the Town . OTHERS Melissa Kujda , Cornell University ; Doria Higgins , 2 Hillcrest Drive ; Penelope Gerhart , 602 Spencer Road ; Mark Macera , 1 Bella Vista Drive ; John Krout ; Katherine Beissner, 17 Chase Lane ; Noel Desch , 132 Updike Road ; Chuck Broadhead , 136 North Sunset Drive ; John Rancich , Carrowmoor; Steven Bauman , Carrowmoor; Bruce Brittain , 135 Warren Road ; Doug Brittain , 135 Warren Road ; Stephen Wagner, 112 Sapsucker Woods Road Call to Order Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Richard Fisher Award Ms . Valentino told the Board that this year' s Richard Fisher Award will take place on May 19th at the gazebo named for Shirley Raffensperger. They will be planting a tree . Refreshments and games will begin at 10 : 00 a . m . ; the award presentation will take place at 11 : 00 a . m . Opening of Tutelo Park Ball Field Ms . Valentino reported that she had attended the opening ceremony for the ball field and got to throw out the first ball . She commended Rich Schoch and the Public Works Department for getting the field into condition . It is a facility the Town should feel proud about . Agenda Item No . 9 — Consider referring to the Planning Board for recommendation a local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding amateur radio facilities (Attachment #1 — draft local law) Ms . Valentino told the Board the agenda item should have read as written above instead of as listed on the agenda . Mr . Burbank moved and Mr . Stein seconded the resolution . Mr. Burbank asked what was the essence of the issue . Ms . Brock told him the current Town Zoning Ordinance limits amateur radio facilities to the agricultural zone . Back in the early 1 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 1980s the FCC issued some rulings that have become regulations that require more accommodation of such facilities . The Town did not know about this until a resident came to the Town requesting that he be able to place an amateur radio antennae at his home . It was because of that request the Town realized the Zoning Ordinance needed to be updated . - There were different options but this was the way the Codes and Ordinances Committee felt would be the most expansive in terms of allowing the facilities to be located in the Town but still protect the Town ' s interests and character of community . There were no further questions from the Board . TB RESOLUTION NO , 2007-074 : Refer to the Planning Board for recommendation a local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding amateur radio facilities BE IT RESOLVED that the Town Board of the Town of Ithaca refers to the Planning Board for recommendation the proposed local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding amateur radio facilities . MOVED : Councilman Burbank SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Agenda Item No . 8 — Consider referring to the Zoning Board of Appeals and Planning Board for recommendations a local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding definitions of front, rear, and side yards (Attachment #2 — draft local law) The agenda item should have been to refer the item for Planning and Zoning Board recommendations rather than to set a public hearing . Supervisor Valentino moved and Councilman Burbank seconded . the resolution . Ms . Valentino asked if there were questions from the Board and brought their attention to a drawing provided by Mr. Kanter. Mr. Engman told the Board that basically you had rectangles and squares for houses and it was fairly obvious what a side yard , back yard , and front yard was . Today there are so many additions to houses , they are different shapes and oriented differently on the lot . What the proposed law attempts to do is to give the Code Enforcement Officers something a little better to work with . They were running into problems because it wasn 't clear what a side yard , what back yard , and what a front yard was . 2 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 Mr . Stein asked if the street was the dominant direction that defines front and side , or is it the house . Mr. Kanter told him it was the house in relation to the property lines . He continued stating the main problem was the way the yards are currently defined creates an overlap between the side yard and the front and/or rear yards . Right now the problem is the Town is redefining yard locations for some of the permitted uses , like the solar collectors and the amateur radio facilities , which are being restricted to certain yards and primarily not being allowed in the front yards . The problem is , with the overlap of the side yard definition with the front yard , presumably an applicant could argue they could put it in what we consider the front yard by saying it is the side yard . Mr. Kanter told the Board that is the primary issue the amendment is addressing . There are more complicated scenarios with irregular lot lines and irregular shaped houses and the Town may have to work further on some of that in terms of how you define measurements . For now the Codes and Ordinances Committee really wanted to move the basic amendment ahead to clarify the overlap issue . Mr. Stein felt while the Committee was looking at the issue they ought to provide an answer for a house that is oddly situated on a property or oddly shaped . Ms . Brock told him that she , Jonathan , and Kristie Rice met for two hours regarding this and the definitions they came up with were the best they could do . Ms . Brock thought Kristie was content with what they had come up with and felt it would address the situation . Mr. Stein stated he would like to see how the definition works out for a house that' s a more complex house with a more complex sighting . Mr. Burbank asked for assurance that the Town was continuing to maintain the "distance from the street" definitions . He was told they were . Mr. Kanter told him they were keeping the concepts of the yard setbacks , which is really the intent of the law although we don 't specifically mention the word setback , which is another potential issue because sometimes it is not clear what is or isn 't supposed to be in a required yard . TB RESOLUTION NO . 2007-075 : Refer to the Zoning Board of Appeals and Planning Board for recommendations a local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding definitions of front, rear, and side yards BE IT RESOLVED that the Town Board of the Town of Ithaca refers to the Zoning Board of Appeals and Planning Board for recommendations the proposed local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding definitions of front , rear, and side yards . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Motion carried . ABSENT : Councilman Cowie 3 May 7, 2007 Regular Town Board Meeting . Approved June 11, 2007 Agenda Item No . 9 — Consider setting a public hearing regarding approval of contract with the Village of Cayuga Heights for fire protection Ms . Valentino stated her understanding that the Board is now comfortable setting the public hearing for considering this issue . Mr. Engman told her the ad hoc committee was recommending that the contract be approved . TB RESOLUTION NO . 2007 =076 : Setting a public hearing regarding renewal of Fire Protection Contract with the Village of Cayuga Heights RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 11th day of June , 2007 , at 6 : 45 p . m . for the purpose of considering the renewal of the Fire Protection Contract with the Village of Cayuga Heights ; and it is further RESOLVED , that at such time and place all persons interested in the proposed contract may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Councilman Stein SECONDED : Councilman Engman VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilman Burbank , aye ; Supervisor Valentino , aye . Motion carried . ABSENT : Councilman Cowie Agenda Item No . 3 — Report of Tompkins County Legislature Pam Mackesey appeared before the Board on behalf of the Tompkins County Legislature . Ms . Mackesey reported having attended a meeting of the West Shore Homeowners Association . They are becoming reactivated and the issue they are focusing on is the garbage truck traffic on Route 89 . Ms . Mackesey told the Board there are 500 garbage trucks that travel through West Hill daily . The Homeowners Association is unhappy about this and trying to figure out ways to do something about it . Ms . Mackesey thought all County and Town representatives need to think about the issue . Senator Schumer has introduced into the Senate a proposal that would ameliorate the situation . Ms . Mackesey thought they all needed to try to think of some creative solutions to the problem because it is only going to get worse . Seneca Meadows is expanding and we can anticipate even more traffic . 4 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 The Legislature has taken its first stab at setting the tax levy for the 2008 budget . It did not pass and will be gone over again . Ms . Mackesey reported that the County Health Department building is in serious disrepair and the County has been looking at its alternatives . They have been looking at a number of sites including rebuilding across the road from the current building . Ms . Mackesey invited questions from the Board . Mr. Engman commented that at the last meeting of the Council of Governments there was an indication that there would be a resolution drawn up to send to all the municipalities in Tompkins County asking them to ask for action on the garbage truck issue . It seems like it is something that is affecting virtually every town and municipality . Mr. Engman did not know who was supposed to be drawing up the resolution but thought someone was supposed to be doing that and sending it around . Ms . Mackesey reported that the folks from the west . side of the lake would like the Legislature to have a meeting of people throughout the County who are interested in the issue . It is not just affecting Tompkins County . Ms . Valentino reported they had spoken about this at a Transportation Council meeting and . Fernando deAragon was starting to gather information from the other municipalities that are being affected . Ms . Valentino thought Mr. deAragon ' s office would be the logical spot for something like that . Ms . Mackesey reported that there was a real problem with the trucks speeding . Perhaps they could work to coordinate speed patrols among the three counties between here and Seneca Meadows . Ms . Leary asked what the Schumer proposal said . Ms . Mackesey stated her understanding that there is a law that covers hazardous materials . There are definite routes that can be set up by states that limit where trucks carrying the materials can go . One idea is to include garbage in the regulated materials . The idea is to get the trucks onto the interstate highways . They can go Route 81 to Route 90 and get off at Waterloo , which is a direct route . People think they are coming this was to avoid inspections and weigh stations . There were no other questions for Ms . Mackesey . Agenda Item No . 6 — Board Comments and Persons to be Heard Mr. Stein proposed moving agenda item 21 into executive session . Ms . Valentino thought they would have to address the issue first in open session and then go into executive session . Ms . Brock stated when the Board gets to the item someone can make a motion to go into executive session . Mr . Burbank was delighted to see they had wheeled the Sheriff' s mobile speed feedback sign onto Coy Glen . Mr. Burbank commented that when he was out walking he happened to see a Sheriff' s car coming down the hill . It did not have sirens or lights on , but he was going well above the speed limit that caused the sign to flash red . Mr. Burbank thought the sign was great and told the Board that the City has placed a small version of the sign on Giles Street . He would like the Town to look into the feasibility of getting some of the signs . There may be spots they should be all of the time , or maybe they can move around . Mr. Noteboom remarked that it is a budget consideration and told the Board the signs are about $4 , 000 but 5 May 7, 2007 Regular Town Board Meeting Approved June / 1 , 2007 they are coming down in price . Ms . Valentino reported that the Sheriff was pretty good if people call and say they would like a sign positioned someplace in the Town . Mr. Noteboom reported that there are signs you can put on any speed limit signs that will do traffic counts and you can download them . Doria Higgins Ms . Higgins appeared before the Board and commented on Pegasys as follows : A while back there were 5 people, working 40 hours a week. It has been reduced over time to one person who is doing a wonderful job, Lauren Stefanelli, and 20 hours. That's all we have now and this happened without, I think, the City or Town making proper protest. The thing is that, as you probably know, now people don 't depend on news so much from newspapers, but they do listen to radio and tv. I think Pegasys is an important part of the community, especially for the younger people who are learning how to use it, who are learning how to go down there and make stories of their own which they think are important that the community learn about. I hope you will put up a fight against it. They want in September to reduce it to 14 hours. I 'm not sure what the reasoning is. Will is the, maybe now he is chairman, of the Oversight Committee. I think it is important that you protest and not let this happen, this diminution of what they are able to do there. I 'm not sure what the reasons are . It's something to do with the people that did not sign the contract; they should be paying more or something. Will would know about that and he can tell you about it, but I think you should stand up and say, "no ', no more cutting. One other thing I wanted to mention, that's all l wanted to say about Pegasys to you. Put up a fight against these guys. These big corporations are just taking over and they are making billions off of us all and this is one of the ways they do it, 1 guess. The other thing is the lake source cooling. I think it's something you should keep a very careful eye on . I 'm sure Cornell is an honorable university, but there are people there who do not play according to the rules. I think at the time I gave everyone, the City, the Town, copies of data from their own environmental impact statement, which showed that they'd been given their permit by DEC under false premises. They were saying it would only add 5 to 7% of phosphorus to the southern end of the lake and there is no data in the entire four volumes to prove or demonstrate that. They just said it and, therefore, everyone accepted it as being true. Whoever here is involved in overseeing lake source cooling, be especially careful to get the facts straight and make sure it's not just because they say it's alright, that it is alright. Thank you very much . Supervisor Valentino told Ms . Higgins that there is a group under the Water Resource Council that is a County committee . It is getting very active in looking at the southern part of the lake and the monitoring stations . Mr . Engman told Ms . Higgins her point was well taken stating the past few years have actually shown an increase in the soluble reactive level of the water coming into the Cornell cooling system . It is a bit of a mystery as to why it is increasing ; it is a bit of a surprise to people but it is increasing . 6 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Ms . Valentino asked if there was anyone else present to address the Board . Penny Gerhart (Attachment #3 — 4/27/07 letter) Ms . Gerhart read her April 27 , 2007 letter to the Board and distributed pictures to the Board . Ms . Gerhart told the Board she had spoken to Ray Benjamin at the City who told her it wasn 't really a City problem . Then she called Mr. Noteboom who she stated told him that water had been diverted and what a big problem it was and that he was pushing to have holding ponds put in up on Stone Quarry land that would somehow contain some of the water. He said he would come out and look at the property but was not aware of his having come out . Someone from Soil and Water Conservation came out , buy they have kept passing things on . Ms . Gerhart reported she was advised to come to the Town Board meeting . If the creek had been left alone Ms . Gerhart stated her property would probably look very much the way that it looked when she purchased it in 1991 , but all of this water has been taken from one side of Stone Quarry Road , taken under Stone Quarry Road , and the water now falls into the creek and has rushed down and caused destruction . Ms . Gerhart stated her understanding after talking with Dick Thaler and Tom Corey that water is taken care of by the municipalities and so she is putting the issue before the Town Board . Supervisor Valentino asked Mr. Noteboom if he had been over to the property to look at the situation . He stated he has . On the City Street side , downside of Ms . Gerhart' s property , the City had reinforced the banks , armored the banks . That seemed to be holding up pretty well . The creek is eroding quite a bit . The retaining wall looks very old and probably started to deteriorate before . Some of what Ms . Gerhart wrote in her letter is actually true . The Town was having problems on Stone Quarry Road with development from Ithaca College . They did not , however, divert any water . The Town did not change the way anything flowed when they worked on Stone Quarry Road . Mr. Noteboom agreed that they do have a problem . It is not dissimilar to the Ewing ' s problem off Route 79 . Ultimately the Town did do a project to armor and reinforce the gorge before the Ewing ' s house was in jeopardy. The only difference here is that the Gerhart' s live in the City of Ithaca . Mr. Stein asked if there was any law on this , as to whose water is whose ? Who does this property owner go to for relief for this problem , if there is a problem . ( Turn tape) Mr. Noteboom stated in 1996 there was a major storm event that destabilized a lot of the drainage areas . It was the year they lost Sandbank Road . Some of the drainage areas have never stabilized themselves ; this appears like one of those . It has required work to stabilized those areas and get them so they hold . Mr. Stein re-asked the question , whose responsibility is it? Ms . Brock told him she could not provide an answer tonight , but suggested the issue go before the Public Works Committee where they can fully develop all the facts , find out what is causing the problem . Once we know where the water is coming from , we can figure out who has legal jurisdiction and responsibility . Ms . Valentino suggested they may want to invite Mr. Benjamin from the City to come to the Public Work Committee to discuss the issue . Ms . Gerhart added that the creek property is owned by U - Haul ; it' s not City owned property . Ms . Gerhart reported that Mr. Benjamin had told her that it was U - Haul ' s problem and she 7 May 7, 2007 Regular Town Board Meeting Approved June 11 , 2007 spent a couple of years talking to U - Haul . They came out and looked at the situation , hemmed and hawed , and then disappeared . This is when Ms . Gerhart called Dick Thaler who told her it did not matter who the land belongs to ; the watercourses are under the jurisdiction of the municipalities . Ms . Gerhart told the Board that if it were a small problem , she would dig in and try to do something , but they got some estimates and it is not a small problem , it' s like $ 50 , 000 . Ms . Brock recommended the Board refer the issue to the Public Works Committee and invite Ms . Gerhart to come before that committee . The Board agreed . Ms . Valentino stated she would follow up with Greg Schmidt regarding the possibility of grant money . Pegasys Councilman Burbank told the Board he wanted to reinforce some of the points Ms . Higgins raised . There is a real concern about the cutbacks at Pegasys . Mr. Burbank stated he sees Pegasys as a very important community resource . It was greatly diminished when the Town renegotiated the contract with Time Warner . There has been pressure from above that has made it harder and harder for municipalities to get good contracts . Mr. Burbank did not feel Time Warner had been a very cooperative player in working to keep the public access vital . Public access is just 1 /3 of what we get through the Peg -Access which includes not only the community access where people can go produce a show, but it also includes governmental access which is the broadcast of City , County , and maybe someday Town meetings . Also provided is educational access . That is the thing that is used by a variety of educational institutions . Ithaca College is allowed local programming . We also get feeds from the BBC , and German , and French news service . One of the issues that is emerging is that Time Warner has started putting commercial programming on this third Peg channel . It is something Mr. Burbank thought the Board should pay attention to . There is going to be a meeting with community groups from throughout the State to talk about this problem ; it is happening throughout New York State . There is a fairly serious proposal to change the franchising process , moving it from localities to either the State or federal level . There is going to be a meeting in Troy , NY on Saturday . Mr. Burbank was seeing if he was able to go and , if so , asked for the Board ' s support and money to offset the cost of a rental car and fees , probably no more than $ 100 . There is not a resolution before the Board , but it could be done after the fact if Mr . Burbank decides to attend . Supervisor Valentino asked if the Board was okay with her authorizing $ 100 for Councilman Burbank to attend the meeting . The Board supported Councilman Burbank' s attendance at the meeting and verbally authorized funding to offset his costs . Agenda Item No . 16 - Authorize emergency repairs for Forest Home Drive by the intersection of Plantation Road Moved by Councilman Stein , seconded by Councilman Burbank . Councilman Engman commented that it has been nice to be able to walk down Forest Home Drive without the traffic . Councilman Burbank asked if the sinkhole was a result of a failed culvert . Mr . Noteboom confirmed that was the cause of the sinkhole and added that Forest Home Drive is a very old 8 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 road . He explained that you can literally see in the pipe how it progressed from horse and buggy days . It looks like the stone wall pulled the box culvert apart as it started to give way . Councilman Burbank wondered if there are other similar situations and what the Town ' s inspection system is to gauge whether something is in need of repair. Mr . Noteboom explained that they do check these things and have been keeping their eye more on the wall than the pipe itself. They had a camera system that they put down through , but it has been four years since they actually looked at it . Mr . Noteboom was sure the wetness the Town has been experiencing contributed to it . The hole has probably been getting larger, water rushing through that they did not see . It looks as if a whole section gave way at one point, but the Public Works Department does keep their eye on systems throughout the Town . They have a good catch basin inspection program . Mr . Noteboom thought that there might be others and Councilman Stein suggested that it be put on the Public Works Committee agenda for discussion . Mr. Noteboom added that policies and procedures would probably be coming before the board through the year into next year as part of the stormwater management legislation requirements . Councilwoman Leary asked if anything has been looked at as far as how it might fit in with the Forest Home traffic calming plan . Councilman Burbank commented that it is the Forest Home traffic calming plan . Supervisor Valentino does not think that anyone has connected this particular problem with traffic . Mr. Noteboom added that it is a small part of it . Board votes on motion . Carried unanimously . TB RESOLUTION NO. 2007=077: Authorization of Emergency Repairs for Forest Home Drive by the Intersection of Plantation Road WHEREAS: on Monday, April 16, 2007, the Town of Ithaca experienced a collapse of a box culvert on Forest Home Drive at the Plantation Road intersection, and WHEREAS: The collapse of the box culvert created a sinkhole. The Town of Ithaca took action to secure the site and closed the area off to public access, and WHEREAS. it is the Town 's fiscal, maintenance, and safety responsibility to repair and restore Forest Home Drive, and WHEREAS: The Town Highway Superintendent, Budget Officer, and the Town Supervisor have reviewed the 2007 Highway budget, and WHEREAS: The Town Budget Officer and Highway Superintendent seek the approval of the Town Board to record the following budget (increase) amendment, and be it further HIGHWAY FUND BUDGET JOURNAL 9 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Debit DB599 Appropriated Fund Balance 100, 000. 00 Credit DB5112. 508 Beebe Lake Inlet 100, 000. 00 RESOLVED. that the Town Board "authorizes and directs the Town Budget Officer to make the appropriate and necessary budget and cash transfers to begin reconstruction. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Councilwoman Leary, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye; Supervisor Valentino, aye. Motion carried. ABSENT.- Councilman Cowie Agenda Item No . 18 - Consider setting a public hearing regarding replacement of a portion of the Trumansburg water main i Supervisor Valentino explained that the agenda item had been changed since the last Public Works Committee . At Public Works they were just going to bring the Trumansburg Road resolution to the Board in May and the other project to the Board in June , but staff had all materials ready and together. They thought there might be an opportunity to get a good bid from one contractor to do both projects at once . Supervisor Valentino further explained that both projects consist of reconstruction of very old water lines that have been leaking on a regular basis . Councilman Engman noticed that the Hanshaw Road water main would be 8 inches , but couldn 't understand then with all the development that is in the Hanshaw Road area , why there would be a 12 inch main needed going north of the hospital . Mr. Hebdon explained that there is an existing 12 - inch main north of the hospital currently . The main they are putting in is going from the hospital south to Candlewick Apartment complex . It was the original 6-inch line that went from the City up to the Trumansburg Tank when they originally put the tank in , in 1932 . They decided it was best to put in a 12-inch line to match what is already there , plus it gives them an opportunity to back feed the City if something comes up . It is a redundancy that can be built into the system . The public hearing was set for 6 : 50 p . m . on June 11 , 2007 . Supervisor Valentino moved the resolution and Councilman Stein seconded . Vote on motion carried with Councilman Burbank being absent . TB RESOLUTION NO. 2007-078: Order for Public Hearin_g in the Matter of the Trumansburg Road Watermain Improvement Project. 10 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT TO BE KNOWN AS THE TOWN OF ITHACA TRUMANSBURG ROAD WATERMAIN IMPROVEMENT PROJECT IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT TO TOWN LAW. At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 215 North Tioga Street, in Ithaca, New York, on the 7th day of May, 2007, at 5:30 o 'clock P. M. Prevailing Time. PRESENT: Supervisor Valentino Councilwoman Gittelman Councilman Engman Councilman Stein Councilwoman Leary ABSENT.- Councilman Burbank Councilman Cowie WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to the Town Law of water system improvements, to be known and identified as the Town of Ithaca Trumansburg Road Watermain Improvement, and hereinafter also referred to as "improvement", to provide such water system improvement to the present Town water system, such system to be constructed and owned by the Town of Ithaca, and WHEREAS, said plan, report and map have been prepared by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca Trumansburg Road Watermain Improvement consists of the entire area of said Town excepting there from the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed Town of Ithaca Trumansburg Road Watermain System Improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk: Replacement of an existing 6 " water main in the water service area of the Trumansburg Road Tank Grid. The improvement includes Replacement of a 10" Connection to the Cayuga Medical Center, and a new 12 " water main to run on the east side of Trumansburg road from 1301 Trumansburg road south to 1139 Trumansburg road WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $650, 000. 00. Short term financing (financing proposed for less 11 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 than one year) is to be provided by a Fund Balance Note signed by the Water District in favor of the Sewer District Fund, which Note balance is proposed to be, and/or will be, fully paid through the proposed issuance of a Bond Anticipation Note ("BAN" by the Town of Ithaca for serial bonds of the Town, which BAN will be the subject of a separate public hearing in accord with the Town Law and the New York State Local Finance Law. WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map and the providing of said Town of Ithaca Trumansburg Road Watermain improvements, and to hear all persons interested in the subject thereof, all in accordance with Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1 . A public hearing will be held at 215 North Tioga Street, in said Town, on the 11th day of June, 2007, at 6: 50 o 'clock P. M. , to consider the aforesaid plan, report and map and the question of providing of said Town of Ithaca Trumansburg Road Watermain Improvement Project and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of the Town Law. Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Supervisor Valentino, seconded by Councilman Stein, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino aye Councilman Burbank absent Councilwoman Gittelman aye Councilman Engman aye Councilman Stein aye Councilwoman Leary aye Councilman Cowie absent The order was thereupon declared duly adopted. Agenda Item No . 19 - Consider setting a public hearing regarding replacement of a portion of the Hanshaw Road water main Supervisor Valentino pointed out that this particular line had a lot of breaks in it last winter. If the Board recalls , it was originally going to be improved in coordination with the Hanshaw 12 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Road project , but the replacement needs to be done and there actually will not be a lot of disruption to the road . Mr. Hebdon added that there will only be three areas of the road that need to be crossed . They have talked to the County' s engineering firm and where they are putting the water line will be outside of where the County will be working . The existing water line is 6 inches below the County' s stormwater line , which is causing problems . Supervisor Valentino moved the resolution and Councilwoman Gittelman seconded . The public hearing was set for 6 : 55 p . m . on June 11 , 2007 . Board voted on motion , carried unanimously . TB RESOLUTION NO. 2007-079: Order for Public Hearing in the Matter of the Hanshaw Road Watermain Improvement Project. IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT TO BE KNOWN AS THE TOWN OF ITHACA HANSHAW ROAD WATERMAIN IMPROVEMENT PROJECT IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT TO TOWN LAW. At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 215 North Tioga Street, in Ithaca, New York, on the 7th day of May, 2007, at 5:30 o 'clock P. M. Prevailing Time. PRESENT: Supervisor Valentino Councilman Burbank Councilwoman Gittelman Councilman Engman Councilman Stein Councilwoman Leary ABSENT: Councilman Cowie WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to the Town Law of water system improvements, to be known and identified as the Town of Ithaca Hanshaw Road Watermain Improvement, and hereinafter also referred to as "improvement", to provide such water improvement to the present Town water system, such water system improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, said plan, report and map have been prepared by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca Hanshaw Road Watermain Improvement consists of the entire area of said Town excepting there from the area contained within the Village of Cayuga Heights, and 13 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 WHEREAS, the proposed Town of Ithaca Hanshaw Road Watermain System Improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk: Replacement of existing 8 " water main in water service area for the Sapsucker Road Tank Grid. The improvement includes construction of a new 8" water main to run on the South side of Hanshaw road from 1305 Hanshaw road east to 1466 Hanshaw road WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $400, 000. 00. Short term financing (financing proposed for less than one year) is to be provided by a Fund Balance Note signed by the Water District in favor of the Sewer District Fund, which Note balance is proposed to be, and/or will be, fully paid through the proposed issuance of a Bond Anticipation Note ("BAN') by the Town of Ithaca for serial bonds of the Town, which BAN will be the subject of a separate public hearing in accord with the Town Law and the New York State Local Finance Law. WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map and the providing of said Town of Ithaca Hanshaw Road Watermain improvements, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1 . A public hearing will be held at 215 North Tioga Street, in said Town, on the 11 th day of June, 2007, at 6: 55 o 'clock P. M. , to consider the aforesaid plan, report and map and the question of providing of said Town of Ithaca Hanshaw Road Watermain Improvement and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of the Town Law. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Supervisor Valentino, seconded by Councilwoman Gittelman, duly put to a vote on a roll call, which resulted as follows. Supervisor Valentino aye Councilman Burbank aye Councilwoman Gittelman aye Councilman Engman aye 14 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 Councilman Stein aye Councilwoman Leary aye The order was thereupon declared duly adopted. Agenda Item No . 20 - Consider Authorizing the Implementation and Funding for the Gateway Trail Proiect (Attachment #4 — Memo from M . Smith , map of trail route , and aid agreement) Councilman Burbank commented that this project has been in motion and this is the next step that allows the Town to start spending money . The money is mostly coming from the State . Councilman Burbank moved the resolution and Councilman Engman seconded . Councilman Engman brought the Board ' s attention to the map included in the packet and commented that it is a wonderful trail connection that will eventually connect to the Black Diamond Trail and the Finger Lakes Trail . Mr. Kanter stated that an account number needs to be inserted in the resolution . The account number is A7110 . 526 , Gateway Trail . Board votes on motion , carried unanimously . TB RESOLUTION NO. 2007- 080: Authorizing the implementation, and funding in the first instance 100% of the federal-aid costs, of a transportation federal-aid proiect, and appropriating funds therefore. WHEREAS, a Project for the Gateway Trail, P. I. N. 375452 ("the Project') is eligible for funding under Title 23 U. S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the State Environmental Quality Review will occur during the design phase of the project prior to design plans being finalized, as outlined in NYSDOT's "Procedures for Locally Administered Federal Aid Projects '; and WHEREAS, the Town of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Design Phase I — VI. NOW, THEREFORE, the Town Board, duly convened does hereby RESOLVE, that the Town Board thereby approves the above-subject project; and it is hereby further RESOLVED, that the Town Board thereby authorizes the Town of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design work for the Project or portions thereof,- and it is further 15 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 RESOLVED, that the sum of $84, 000. 00 is hereby appropriated from A7110. 526 (Gateway Trail) and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, that the Supervisor of the Town of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately. MOVED: Councilman Burbank SECONDED. Councilman Engman VOTE: Councilwoman Leary, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman; Councilman Burbank, aye; Supervisor Valentino, aye. ABSENT: Councilman Cowie Agenda Item No . 23 - Consider approval of Commercial Cleaning Proposal (Attachment #5 — Cleaning proposals ) Ms . Drake reported that she received three proposals , one of which includes the current provider. She is recommending Maid in Ithaca . Councilman Stein recalled that the last time the Board discussed this issue there was a connection with a permanent employee of the Town and certain questions that were raised . He did not want to talk about it in public session , but wondered if it had been cleared up satisfactorily . Mr . Noteboom explained that the Public Works Department is doing their cleaning in -house . When everything is settled , they will be coming back to the Personnel Committee and talking about the issue . Councilman Stein moves the resolution , Councilwoman Gittelman seconds . Councilman Burbank asked if the service included areas that are not routinely cleaned . Ms . Drake stated that it did not . 16 May 7 , 2007 Regular Town Board Meeting Approved June 11 , 2007 Board votes on motion . Carried unanimously . TB RESOLUTION NO. 2007-081 : Consider Approval of Commercial Cleanin_a Proposal WHEREAS, the Town has received 3 proposals for commercial cleaning of the Town Hall; and WHEREAS, the Town Board has reviewed the said proposals; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve awarding the commercial cleaning contract to Maid in Ithaca; and be it further RESOLVED, the Town Board authorizes the Town Supervisor to enter into a contract, which shall not exceed $20, 000 to be expended from account number A 1620. 412. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Councilwoman Leary, aye, Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman; Councilman Burbank, aye; Supervisor Valentino, aye. ABSENT. Councilman Cowie Agenda Item No . 10 - 6 : 45 p . m . Public Hearing - regarding a Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 (Attachment #6 — memo from J . Kanter ; Longview proiect narrative ; architectural drawings ; statement from J . Krout) Supervisor Valentino opened the public hearing at 6 : 45 p . m . The Town Clerk had proof of posting and publication . Mark Macera , Executive Director, Ithacare Mr . Macera appeared before the Board and made the following comments : Ithacare became an organization in '72 and opened its doors after acquiring property and began admitting residents in 1974 . So we are practically a quarter of a century, one year short of 25 years. Until 1998, we grew and we prospered and perhaps most importantly the residents that moved in aged in place. We ran into a number of difficulties, or shall I say challenges with a lovely building. It was a Federal style building, but certainly wasn 't engineered initially as a residence for living one 's life in rather as an acute care facility. So we ran out of capacity and certainly we weren 't able to offer residents contemporary housing options and certainly weren 't able to compete with other providers in the community in attempting to attract the area 's residents to our residence to remain viable. We certainly had to deal with a number of failing mechanical systems that would have required capital costs, 17 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 certainly well beyond our means and we would still have the same building we had when we moved in. So that wasn 't the answer. Long term care has been evolving over the last decade plus and certainly issues of different levels of care and licensing and provider services that are provided in the residential environment have changed since we opened our doors. After moving into Longview, approximately Thanksgiving time of 1998, we were very happy with the move and as before we continue to prosper and arguably even grow. A little bit more than years in our current residence has certainly not changed the dynamics of aging in place so we have individuals who have been with us since prior to our move who are in their early `90s and older. And we have one individual who was in her early `90s, who is now currently 103, living at Ithacare Longview and we would like to believe, she claims this, that her quality of life and certainly her opportunity to thrive and prosper at such an advanced age is simply because of the opportunities available to her with a provider such as Ithacare Longview. And many other individuals in similar circumstances whose health care and residential needs and requirement for services and supervision in dealing with the onset of memory loss, particularly Alzheimer's is a form of dementia and so forth, requires us to look at providing these residents with additional services. Up until now, contrary to their wishes, residents who exceed what our current retention guidelines, under our existing operating license, have to be asked to leave because we can 't offer the services because we are not licensed and arguably the layout of the physical plant isn 't safe for particular residents, particularly those with dementia and so forth because of their tendency to wander and our inability to supervise them properly. And to make a long story short, the Board of Directors, certainly in engaging in their strategic plan determined that at some point in time to meet the needs of our residents to continue to age in place and to meet a goal, an objective of putting together what is referred to generally as a CCRC or a Continuing Care Retirement Community, not to be confused with like a Kendall or what is called an Article 46, as an endowment model. Our fee for service styled continued care retirement community, in which we certainly we are able to track individuals literally in their older years and certainly allow them to age in place and we reached the point after 8 years, and many of our residents have been asked to leave contrary to their wishes, and based on the Board's actions and the residents ' request to build, to expand, and to add this additional level of care, we come before you this evening with this project and the need to amend the law that allowed us to come into existence so that we can provide those services to our residents and other members of the broader community. And with that, certainly I would be happy to answer any questions and following my comments and answering your questions, I would like to ask my colleagues and associates if they would be willing to share with you their thoughts and reflections on the importance of this project. Supervisor Valentino invited members of the public to address the Board . Kathryn Bisner, President of the . Board of Directors at Longview Ithacare Ms . Bisner appeared before the Board and made the following comments : I am Kathryn Bisner. I am President of the Board of Directors at Longview Ithacare, but I am also an Ithaca College faculty member and a geriatric physical therapist. So I speak from many different hats here. At the outset, I need to say that I support the expansion of Longview to enhance the quality and actually the quantity of life of our residents. I have been on the board for 12 years and early on we were really involved in creating the Longview 18 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 building that you see now up on South Hill. Now we are ready to move forward towards the next part of our plan. We always knew that we wanted to expand to provide more of a continuing care retirement community. And now it's important that you understand that this was always part of our plan . Today Longview is a real lively place. I don 't know if you have ever had the opportunity to visit, but it is a wonderful place for people to age. It's not a place that people move to for a short period of time, planning to move on some place else. It's really their home . Forty-one of our residents were there when we moved in, in 1998. One resident has been with us, with the organization, for 23 years since she still finds experiences at Longview to be wonderful and a very important part of her life. It's a really good life that the residents have there at Longview and when they do need to come to the time to leave, they leave reluctantly. No one really wants to leave their home and really the only reason that many people leave is because they become more frail. Their healthcare conditions take over and they decline in function and it's really a terrible thing to have to move when you become more frail. To experience the loss of a home and a social network at the same time that one is experiencing a loss of health is extremely damaging to the individual psychologically and even physically and there is research to support the fact that people decline even more rapidly after a move at this age for these reasons. Now of course in our society this happens. It's the way we are and we all know that, but we have the opportunity to make a difference here and actually provide opportunities, a community, where our valued elders can continue to live a high quality of life without having to wonder whether they are going to have to move and we can do this outside the endowment model that works so well over at Kendall. But it is inaccessible to many of the residents we have at Longview. The special care facility at Longview will provide all of these things to our resident. a wonderful quality of life, an active environment, and social networks. Within the facility there will be more opportunities also to improve the education of college students, especially but not limited to those in my professions, the rehabilitation professions, so they will know what it is like to grow older with declining function but still with value and dignity. In turn, there is going to be more opportunities for these students to provide programming for the residents to improve their cognitive abilities and to limit their physical decline. So, we have the opportunity to create a model for high quality, affordable, elder care outside of the big box format that's so often seen in nursing homes and in retirement communities. In the end, this project really comes down to the quality of life for our residents and this is what we seek to offer, peace of mind, the assurance of quality care and a familiar and supportive environment at Longview. Elizabeth Allinger Ladies and gentlemen of the Ithaca Town Board, my name is Elizabeth Allinger and 1 have been a resident in the adult care facility at Longview for seven and a half years and seven of those years as the President of the ACF Resident Council and because of that a member of the Ithacare Longview Board of Directors representing the 60 residents of the adult care facility. From the time I first came here I 've been aware of the need for and the desire to add a nursing home facility here that residents could move to when they required more care. Our mission statement states: "Our mission is to develop and operate residential living communities to provide older adults with affordable high quality housing services and continuing care options that enhance the quality of life, independence, health, safety, 19 May 7, 2007 Regular Town Board Meeting Approved June 11 , 2007 security, and personal growth while preserving individual rights to privacy, dignity, and respect. Most important of all, Ithacare has a history of providing housing and care to the elderly without regard to their financial needs. As our independent residents grow older, many of them find that they need more care and as room becomes available they move to our adult care facility. How's that made possible ? Well, by someone in the ACF moving to a nursing home and this occurs on the average of 2 a month. Sometimes the move is made directly from independent living to a nursing home, often splitting families as the husband moves to a nursing home and the wife is left at Longview or visa versa . I 've talked at great length on a one to one basis with my council members about our plans for the new building and I formed a petition for them to sign if they wished and it states: "We the undersigned residents of Longview assisted care facility look forward to the addition of the new building here. We are aware of how quickly our health can change, requiring more special care. We 've seen that happen to our neighbors. This is our community, our home. We don 't want to move away from our friends. Each month two or three move from the independent apartments to our assisted care facility. Room is made for each of them by one of our residents who have had to go away to a nursing home. We support the addition of this new building and we hope that we will all live to see it. " I didn 't push for signatures. Forty-six signed. What of the others ? Well, two were in rehab at the nursing home at the time. This was done in February and they were hoping to come back actually they were not able to come back. One was moving to Nevada with relatives. Six are unable to carry on any kind of a conversation so that I couldn 't talk to them about it. And five, just five, didn 't want to sign any paper. They were afraid of signing any papers. Well what we want, as the saying goes, is to age in place. Not necessarily the same apartment, but the same community. We make wonderful friends here and it's difficult to pull up roots again and move away. For some, it is traumatic. We need this new building and we need it now. We 're confident that will happen 41, because, well perhaps it will be too late for some like me, I 'm 90 years old. But then again, people are living longer and we have an independent resident who is still going strong at 103 and one of our own ACF residents is 100, so I might make it. But I 'm not speaking for me. I 'm concerned for the next residents who have an accident or a stroke, or in other ways loose the ability to see, hear, or think clearly. Our residents love living at Longview. There never was a more caring staff or more opportunities for things that we never had a chance to do before. Ithaca College faculty and students are very active with us, especially the gerontology department, the physical (turn tape) . . . new building will be a benefit to every resident. Thank you. Longview Resident Now the other half of this duo. I better mention she is the president of the adult home group. I 'm the president of the independent residents. They're really the group that occupies the bottom three floors where there are apartments and we live relatively independently although at times we need a little assistance, but fortunately I haven 't needed much myself. The council that I represent is elected democratically. The council members are in favor of the new building as are the majority of the residents. There are seven or eight that oppose it. Their opposition seems to be based on the fact that they're not going to be able see quite as much of the hillsides as they might like and the views are beautiful from Longview. But I think me being on the first floor, I will be as effected as anybody and 111 still have some beautiful 20 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 views. On of the things that is wonderful about Ithaca, it's a lovely lovely place to look around these beautiful hillsides. The opposition seems to be the obstruction of the views or perhaps concern that there may be some shadows cast on their apartments or they may find that it interferes with their walking around outside. We have some wonderful walking trails and many of us try and get out and walk as much as we can . Well I 've been assured that after the new building is constructed the walking trails will be available. They'll be changed somewhat, but they will still be available so we can go out and walk and get some exercise. After carefully examining the plans and drawings for this proposed building, I think it is ideally located. It's not going to interfere with the neighbors because it is going to be largely viewed only from the interior of our complex. So, I think it is exactly where it should be. A couple of things that I think might be relevant to toss in here is the average age of the residents at Longview, and this kind of astonishes me, the average age is 85. 72 years. There are residents as young as 73 and as old as almost 104; she 'll be 104 this year There are 24 males and 91 females, which kind of illustrates we guys better take good care of ourselves. As we age most of us realize that at. some point we are going to have problems trying to be as independent as we would like. Up until about a year ago, my wife and 1 were doing very well together. 1 don 't know whether I can tell you about what happened because 1 get a little teary eyed. My wife and I are now separated. Separated not by desire, but she could not be cared for at Longview so she now is at Alterra . After fifty-seven years of marriage it is extremely hard. It would be so much nicer if she could be there among the people she has grown to know and grown to like because it is a supportive community. We support one another and I really am amazed how well we get along. 1 'd always heard that old people get to be crotchety and grumpy and difficult to get along with . 1 don 't know where they are, but they aren 't at Longview. Thank you. Ellie Hall Minnis I 'm Ellie Hall Minis and I 'm Director of Development and Community Relations at Longview, but I 'm actually here to talk to you as a daughter not as an employee. This is mom and dad, my mom and dad. I was living in Southern California; my parents lived at Longview and my sister was here in Ithaca so when I moved west we moved them into Longview. Mom and dad loved it at Longview. It was a wonderful, wonderful experience for them. About a year and a half after they moved in mom passed away at Longview and it was devastating for my father. They had been married sixty-three years and he just didn 't even know how to function without her. He also had some dementia . Of course I was there; I flew in from Southern California and I (inaudible) . Longview worked with us. There was a room that opened up in the assisted living on the fourth floor. A few days after mom died, I took dad's hand, I walked him down the hall, we went up the elevator and I settled him into his new room on the fourth floor. As hard as it was for him, he still knew people, he still knew all the people that had known mom and he had a sense of community. He had a sense of belonging. It was such an incredible blessing that he could be there . I went back to California. Of course I flew back and forth to visit him. Maybe about another year passed, a year and a few months and dad's dementia got worse and he got to the point where he lost the ability to walk and he couldn 't stay at Longview any longer. I was here and he had to leave because Longview right now isn 't 21 May 7, 2007 Regular Town Board Meeting Approved June 11 , 2007 licensed for full care. It was a very difficult time. We had to find some place to take him. We _ found a nursing home to take him. If that new special care facility had been there I could have once again taken his hand and walked him down the hall and down the elevator and down the corridor and he could have been in a different place in his home. But instead I had to take him in the car. I saw the panic in his eyes. He didn 't know what was going on, he didn 't understand why he was leaving and I guess I 'm here with the perspective of a daughter and I 'm saying that I don 't ever want anyone else to have to experience what I did. It was heartbreaking for me and it made me feel like if I could have only done something to make him more comfortable. So I 'm here. I wound up moving to Ithaca and now I work at Longview. I can only say that, in all sincerity, this special care building needs to be there. I 've gotten to know so many of the residents; I don 't want any of them to have to be displaced in the last couple of years of their life. Thank you so much . John Kraut I am Director of the Ithaca College Gerontology Institute and I 'm here to speak on behalf of the proposed expansion at Longview, primarily as an educator, but also as an individual who himself has older parents going through some of the same challenges that you 've heard so eloquently from others. We have a unique relationship with Longview at Ithaca College. It's one that has won national and international accolades. It involves faculty and staff and students from all parts of campus, typically 300 students each semester, several dozen faculty, and over 100 residents in 50 to 55 different kinds of programmatic relationships. And these are programs in aging studies, music, history, physical occupational recreational therapy, speech language pathology, sociology, psychology, theatre, communications, to name a few. As I sit here and look at the wonderful benefits this partnership has had for both the residents and the students and I would dare say the community, I look at the proposed expansion and see even greater opportunities. And I 've listed them here just very briefly: more learning opportunities for Ithaca College and all of its student and faculty, additional services and options for existing and future Longview residents that help them remain as independent as long as possible, and I think you heard some very eloquent testimony about the importance of this. It will broaden the overall range of residential options available to older adults in Tompkins County and therefore for their families. And from a somewhat economic perspective it will provide additional jobs. I wanted to close with a thought. For all of us, if you think about in our lives, community, family, social relationships, these are three of the most important things we have and these are the things that when we do not have them we are lost. What 1 heard tonight were eloquent testimony for how the expansion at Ithacare will help to continue this community, these relationships, this family and for Mr. Lloyd, truly a tragic situation. I guess I would say to you that as important as these things may be to you when you 're 10, 20, 30, or 40, imagine you 're 85 or 90 and you begin to suffer physical and perhaps cognitive decline and your family is not close by. Community, social relationships then become all that much more important. So I would ask that you consider this not from the perspective of just Longview residents but the fact that those Longview residents could be your parents, your sister, your brother, and eventually even you. 22 May 7, 2007 Regular Town Board Meeting Approved June 11 , 2007 There was no one remaining wishing to address the Board and Supervisor Valentino closed the public hearing at 7 : 17 p . m . Ms . Valentino asked for questions or comments from the Board . Mr. Engman stated he noticed in the materials provided that one of the concerns is stormwater runoff. Also in the materials was the decision by the Planning Board to request more information on the runoff issues . He noticed that the Town Engineer has to sign off regarding stormwater management , but wondered if the Town had any sort of technical advisory committee or other individuals that can also provide a second pair of eyes on the runoff problems . They seem to be so prevalent on so many of the issues the Town is dealing with . He guessed it was an internal question as to how the Town makes doubly sure that the storm water provisions in the proposed projects aren 't going to cause problems downstream . Mr. Hebdon told Mr. Engman there are two other engineers in the department that have been heavily involved in stormwater management for the last 4 to 5 years . These two other sets of eyes , along with Mr . Walker' s , take a look at the stormwater management plans submitted by developers . Mr. Mecera told Mr. Engman that T . G . Miller, a licensed engineer, is the developer' s representative in developing the plan for Longview . The firm has a great deal of experience on projects in the community . Mr. Stein wondered if there should be a means by which the Board hears about staff' s decision regarding stormwater management plans . It seemed to him to be a point deserving of more thought . Mr. Engman stated he thought the project was well designed and would not have a major impact on the community in other ways , the traffic , the views . It seemed to Mr. Engman to be a well-executed plan . Mr. Burbank thanked the people who came to speak to the Board regarding the proposed project . It made clear to him that this was a good direction to be moving . Mr. Stein asked if the project would fill the same niche in the community that Kendall does . Will it be a similar operation once the new expansion is done? Mr. Macera told him it would be similar in so much as it provides an enhanced level of care that includes skilled nursing services , around the clock supervision , and rehabilitation . There is different licensing , a different program , and different population in many respects . Mr . Marcera stated it wasn 't a duplication or overlap , but rather expands the number of programs that will provide similar services to a public who requires them . Mr. Stein asked for a short statement regarding the differences . Mr . Macera cited article 46 , which is what Kendal is , it is a life care community commonly referred to as an endowment model and requires substantial upfront fees to buy in and is part of the financing for future care . In contrast , Ithacare is a fee for service , pay as you go . You come when you wish , you leave when you wish and there are no legal , both Health Department and New York State Insurance Commission , requirements as obligations on us to finance the future skilled care of an individual who is living in our facility under contract . There are no contracts with us , more typically lease agreements . 23 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 Mr. Engman asked if Longview was a non -profit organization . Mr. Macera told him it was a not-for-profit 501 (c) 3 and they are a registered charity . Ms . Leary asked if Medicaid would pay for people in the facility . Mr. Marcera told her that in their current model , because by State definition they are not licensed as a healthcare facility , the next phase would begin to broach that issue . If they were to become an assisted living or assisted living and residential care facility , the answer is "Yes " . Right now they have Medicaid recipients at Longview but Medicaid does not pay for any services that they provide . People with Medicaid can 't receive health care serves currently and that is one of the reasons they have to leave . The new expansion and a residential health care license would allow them to stay and Medicaid would become a payer in the scheme of things , as long as they are eligible . Ms . Brock , referring to a memo from Mr. Kanter, stated that right now Longview does not have a license for residential health care ; they don 't have a license to provide skilled nursing care . That is something they will have to receive from the State before they can provide that level of service . If they don 't receive it , they have told the Planning Board that they plan to continue to offer the same level of care that they are licensed for now. Mr. Macera reported that they were in an extremely advantageous position . They have waiting lists for all level of care now so arguably they don 't even have the capacity . They don 't necessarily want to go bigger because there is a certain amount of lack of community and family as you grow larger and they would like to keep the approximate size that they have now. They have applications pending. before the State to allow them to become a nursing home under the typical traditional model . They also have a license before the State as an assisted living residence . Even without the licenses they could just expand the adult home and do more of the same and wait for the future and the conditions to change so that they could transfer the license and evolve with the current system and/or restrictions they have to follow . Mr. Stein stated he was confused by the fact that there was a facility that was just closed by the State commission . He asked if that provided the same kind of care Longview is now proposing to offer. Mr. Macera told him , "yes" , if they could get the nursing home license . It' s a resident' s rights issue . Longview has residents who don 't wish to leave and are being forced to leave . How they will proceed will depend on which model they will follow going forward . They would like to have the nursing home license . Barbara Lifton ' s proposed legislation would allow the State Health Department to waive what is referred to as the " bed need methodology" that right now , in their wisdom , ironically contrary to most of the community who opposed the Burger Commission ' s finding , prevents additional expansion of nursing homes . They feel we are over-bedded as things are today . Mr. Stein asked if they were unsuccessful in obtaining a nursing home license would they go forward . Mr. Macera told him they would hope for the assisted living residence license . If they can 't go forward on that they' ll get an additional adult home license , which they have now , just to add more capacity . Ms . Brock told the Board what they were being asked to do is to amend the zoning for Ithacare , including expansion of the permissible uses to allow independent assisted living and 24 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 — t nursing home accommodations . Depending on what licenses they get there may different blends of accommodations . If they don 't get the licenses they are seeking they can still provide the types of services that they are providing today . Ms . Valentino commented on her mother' s stay at Longview and the fact that she had to leave the facility and died shortly afterwards . Ms . Valentino stated her belief that her mother would have had a quality of life for a much longer period of time if she could have stayed in her home with her friends . TB RESOLUTION NO . 2007 -082 : Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE , TITLED `ZONING : SPECIAL LAND USE DISTRICTS , ' REGARDING INCREASES IN NUMBERS , HEIGHT AND USES OF DWELLING UNITS IN ITHACARE ' S SPECIAL LAND USE DISTRICT NO . 7 " (Attachment #7 — Local Law No . 5 of 2007 ) WHEREAS , the owner of the Ithacare/Longview facility on Bella Vista Drive in the Town of Ithaca has requested changes to the zoning provisions for Special Land Use District No . 7 , now known as Planned Development Zone No . 7 , in conjunction with a proposed addition to the facility ; and WHEREAS , on October 17 , 2005 , the Town Board referred a proposed local law regarding increases in numbers , height , and uses of dwelling units in Ithacare ' s Planned Development Zone No . 7 to the Planning Board of the Town of Ithaca for a recommendation ; and WHEREAS , after the proposed local law was further refined at the request of the owners of the Ithacare/Longview facility , the Planning Board on March 20 , 2007 recommended that the Town Board enact the proposed local law and approved Ithacare 's preliminary site plan ; 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 May 7 , 2007 at 6 : 45 p . m . to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE , TITLED `ZONING : SPECIAL LAND USE DISTRICTS , ' REGARDING INCREASES IN NUMBERS , HEIGHT AND USES OF DWELLING UNITS IN ITHACARE ' S SPECIAL LAND USE DISTRICT NO . 7" ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and AN WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , adoption of said local law is a Type I action for which the Planning Board , acting as lead agency in an environmental review with respect to this project , on March 20 , 2007 made a negative determination of 25 May 7 , 2007 Regular Town Board Meeting Approved June 11 , 2007 environmental significance , after having reviewed and accepted as adequate a Long Environmental Assessment Form Part I submitted by the applicant , and a Part II prepared by the Town 's Planning staff; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE , TITLED `ZONING : SPECIAL LAND USE DISTRICTS , ' REGARDING INCREASES IN NUMBERS , HEIGHT AND USES OF DWELLING UNITS IN ITHACARE ' S SPECIAL LAND USE DISTRICT NO . 7 " , 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 : Supervisor Valentino SECONDED : Councilwoman Leary Roll Call Vote : Supervisor Valentino aye Councilwoman Leary aye Councilman Cowie absent Councilwoman Gittelman aye Councilman Burbank aye Councilman Stein aye Councilman Engman aye Motion carried . Agenda item No . 12 — Public Hearing regarding adoption of the Town of Ithaca Transportation Plan (Attachment # 8 - Memo from J . Kanter ; coments from Doug Brittain ; comments from Bruce Brittain ) Ms . Valentino opened the public hearing at 7 : 32 p . m . She asked if there was anyone present to speak on the Transportation Plan . Doug Briftain The Town Transportation Plan gets better every time we see it, which is nice. January you had a public hearing and we submitted a whole bunch of comments and many of those got incorporated and I would like to thank you. Specifically what I want to touch on is the inventory and analysis chapter. An interesting phenomenon in this inventory analysis, it's like pages, the first volume of pages 29 through 40 or something. Some of the comments we wrote in the margins, stuffed in between, and you took, I would say, most of them. Clarifications, corrections, rephrasings, spellings. Sometimes they didn 't fit on the page, it was enough extensive change so we had a separate insert sheet. None of those got in . So it is sort of interesting. It is as if the extra pages got lost in the shuffle or something, I don 't know what it was. But in case, what I would like to do is ask you if you have not read and discussed the insert sheets to at least now 26 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 consider sticking them back in the way you incorporated many of our other comments. Just briefly what we were trying to do with those, which are either rephrased paragraphs or inserts is to expand a little on some of the explanations because it would help you support your recommendations which come later in the plan . Because you have your inventory and then your discussion and then, okay, this is what we need. And some of these, when you get to the conclusions and then the recommendations are introduced and, well wait a minute, during inventory shouldn 't you have discussed a few different things. I mean whittle it down to what you like . So I think some of this, what we were trying to do, is not to put words in your mouth or to commit you to anything but rather to presage the recommendations that the plan comes up with later and we think by doing so it will support the recommendations a little more. So my suggestion would be to just go back and take another look at those if you haven 't. Thank you. There is one new thing. We 've added a new section. Did Nicole skip town ? (Nicole Tedesco was identified as being in the audience ) She, or whoever is responsible, added a new section which 1 think helps. Here, we have a handout for you. You came up with a section which is, what effect does traffic have on neighborhoods, neighborhood impact, we think that was a good thing to do. But it's just one of your things I think is a little confusing and perhaps not what you meant to do. If you, the way you have that one thing phrased on page 100 of volume 1 , in some cases it could be increasing the speed of vehicles and I think what you meant was to reduce the speed. That's a suggestion to clarify what you were trying to do . So that's the other (inaudible) change. Bruce is the one whose gone through this with a fine tooth comb so I 'll let him do the rest of it. I think that's about it. Thank you. Nicole Tedesco - May I address Doug ? 1 do remember the inserts. I don 't have that version with me, I wish I did. I think there were I want to say maybe five pages, thereabouts, four to six. There were, I 'd say, probably four out of the five I passed on to Jon and Dan and I think I may have also passed them on to Fred. And then there were actually two more that then went on the to Transportation Committee and I think the general consensus was that it changed the tone of the section so much that it might not have been appropriate. I think the idea was not so much to directly challenge the Ashto Manual and say that it's a complete piece of inappropriate, etc. , etc. , but more so to focus on things that Town can do. The Town can 't rewrite Ashto and so I think that's kind of where that discussion ended up. With regards to the piece of paper that you handed out, thank you for that wording I think it's much closer to what we had intended to say. Doug Brittain - 1 was trying to not make unsupportable claims in that, but introduce, not say it's wrong but say that there, if you read it carefully, I think a lot of our inserts say there are other views or another possible way to do things rather than, it's wrong, or it will be done differently. It's a different perspective while being noncommittal. I tried to make it so that it wasn 't bashing anybody, but just introducing. Okay. Thank you all. Bruce Brittain Boy, it's nice to be back. Talking about traffic, what could be better. I 'd like to thank the Board for the additional opportunity for input relative to the Transportation Plan. There seems to have been a good faith effort to address many of the issues and concerns that 27 May 7, 2007 Regular Town Board Meeting Approved June 11 , 2007 Doug and I raised at the last public hearing as well as at other junctures throughout the process. The Plan has improved dramatically and we thank you for that. Unfortunately, others of our comments seem to have fallen through the cracks. On the Executive Summary, many people will only read the Executive Summary so I think it has to be well worded and it has to adequately summarize the plan. Most of the errors that I identified and reported at the last public hearing have not been corrected. For example, there are typos, "date " instead of "data '; "climactic" instead of "climatic'; maybe global warming 's more fun than I thought. There are factual errors. It says that there are 9. 3 miles of walkway within the Town . The actual Plan, the main text page 77, says there are 11 miles. The Executive Summary says there are no bicycle only facilities within the Town, which ignores the bike lanes on Tower Road and Campus Road on the Cornell campus within the Town. The Executive Summary does not adequately summarized the needs section of the main text. Identified needs in the bicycle and pedestrian facilities section do not adequately summarized the text page 79 through 80. In particular the second bullet is a poor summary. The last bullet is missing completely. The summary does not adequately summarize the Plan 's recommendation section. It omits recommendation 1A and IC and then presents recommendation 18 as 1A . It omits section 2F. It omits section 385. It summarizes recommendation 7 by saying that the Town should consider altering regulations. The main text says that the Town should alter the regulations. Should consider versus should alter; the should alter is much stronger and I think that wording should also be in the Exective Summary. This is a subset. All of these problems were reported. They all remain so I would like hereby by reference to resubmit the comments that I submitted at the last public hearing relative to the Executive Summary. On the main text, overall it's much better. Many of Doug 's and my comments and suggestion have been incorporated and I thank you, but there are still some outstanding issues. . On pages 56 through 69 there 's a table listing roads and land uses and purposes. None of our comments on that seem to have been incorporated. We had identified and reported many factual errors including but not limited to, adjacent land uses, it omits agriculture on Ellis Hollows South Side Farm, on Hanshaw Road the Warren Farm, for pedestrian and bike destinations it omits the church and the community center on Forest Home Drive. It omits the schools on Warren Road. Geometrics, there are other problems. Other issues, it mentions congestion in Cayuga Heights when discussing Elmira Road. It discusses the intersection of Pine Tree Road with Pine Tree Road. Again, these are all issues that we already brought up once and so again I would like by reference to resubmit my previous comments that pertain to that table. On Volume 11 the appendices, Appendix I Maps, I found 6 factual errors on map 8 which I reported on at the last public hearing. That's the speed limits in the Town of Ithaca . None of those have been changed. These errors include an indicated 30 mile an hour speed on Hanshaw Road east of Warren where 's its posted limited is actually 40. And indicated speed limit of 30 on Plantations Road within the Arboretum. The actual posted limit is 20 miles an hour. There 's an indicated of speed limit of 30 miles per hour on a private driveway which connects Maclntyre Place to Judd Falls Road, and more. Again, by reference I would like to resubmit my comments from the previous public hearing that pertain to that map. 28 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Appendix 11 supplementary tables, that was pretty rough at the last public hearing and overall the labeling of the tables and figures is much improved. There are still some issues. Page 16, the vertical scale is still blacked out. Page 20, the labels are reversed; trip purpose should be the horizontal rather than the vertical access. Page 21 is missing a page number. The. list goes on. I will hand in my list to you, Tee-Ann. Mr. Stein — It is hard to know how I as a Town Board member can deal with all of this, but it does seem to me that the right thing to do is to submit it to the Planning staff that is working on the Plan and 1 think that Mr. Brittain deserves a response to the things that you reject so that we know that they have been considered and rejected. I 'm sitting here thinking that they don 't have to adopt everything that you suggest, but that you deserve a response as to why it hasn 't been adopted. Mr. Brittain — Well, like why the speed limit is wrong. I think . . . Mr. Stein — For instance, yes. I would think that you just ought to be able to submit it to the staff and it would be taken care of Mr. Brittain — I sort of hoped so too, yes. Mr. Stein — Does someone have a comment to that ? AM Mr. Kanter — Well, it's kind of hard to comment now, hearing these now and not knowing which things match up with what. So, I don ' know. Mr. Stein — But then would agree to take these things and to comment back to him on why they haven 't been . . . Mr. Kanter — Well I don 't think we would comment back to him, I think we would comment, if we did that, I think we would comment back to the Board with actual revisions. Not with comments, but if there are things that need to be corrected, with corrections. Ms. Tedesco — If there 's a page number missing, we 'll just add the page number. Mr. Stein — But I think that the person who goes to this trouble to read it, ought to have a response that, if in fact, they are not adopted. Ms. Tedesco — That's fine. If you want to give us a list, 1 'll check off the page numbers as 1 fix them. Mr. Brittain — Okay, thank you. To continue, Appendix 111 transportation survey, a couple of issues, again both pointed out at the last public hearing. Appendix V sidewalk ordinance and policies, here 's a new issue. The sidewalk policy appears twice. It's on pages 82 to 83 and again on pages on pages 84 to 85. Volume 111 the design guidelines, this is also new. I think this is a really good document. It has a good vision, it has good attitude, but there 's one technical issue which I would like to address which is what the handout pertains to. The Town 's desire to promote 29 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 walking and biking and general livability comes across very clearly. The text in the design guidelines indicates the total curb to curb roadway width should be minimized with lanes no wider than required, which I strongly support. Unfortunately, the guidelines also call for 10 to ; 11 foot wide lanes with 4 to 5 foot wide paved shoulders on roads with moderate to high volumes of traffic. This is going to result in 30 feet of unbroken pavement width and that is what the County has proposed for Coddington Road and for Hanshaw Road and we know that those proposals have not been greeted warmly by the residents who live along those streets. And for good reason . The increased width is going to result in loss of front yards and vegetation and it is going to lead to increased vehicle speeds. If you really plan on paving a road this wide I think you have to take other measures to make sure that vehicle speeds do not increase. And these include things like coloring the shoulder pavement, planting street trees, getting visual narrowing somehow, or introducing or accentuating vertical alignment or horizontal alignment to slow the vehicles back down or to keep them from speeding up. So Doug and I came up with that one sentence insert that you 've got in front of you for page 18 which we just present to you as just a suggestion for a way to help to address neighborhood concerns. And then finally I was really struck by the photo on page 12 of the Executive Summary. There 's a photo of Pine Tree Road. The caption reads, "pedestrians attempt to navigate Pine Tree Road in the Town of Ithaca '; and the accompanying text reads, "Many roadways with significant pedestrian traffic do not even have sufficient shoulder space for a single pedestrian, see picture at right. " So I went out and I looked at the site yesterday that's adjacent to the East Lawn Cemetery. That's the Dean tombstone at the top of the hill there. At that point, the pavement is 40 feet wide . Now when the County put that road in, there was a Town Committee that was looking at Pine Tree Road that I was on. As I recall, it was striped with two 4-foot shoulders, two 11 -foot travel lanes, and 1 (turn tape) . . . Overtime the edgelines have drifted and the shoulder on the west side of the road where that picture was taken is now down to two and a half feet wide. It started at 4 and it has crept over, it's on the inside of the corner. But that's what happens, the stripers cut the corners, every year they cut it just a little more and a little more. So there 's two and ahalf feet of paved shoulder. Beyond the curve there 's a three foot informal beaten pedestrian path . It is a hostile pedestrian environment. It's not a comfortable place to be. There 's too much traffic; it travels by too quickly. The shoulder is not a comfortable place to walk, but it is wide enough . The pedestrian informal path is not a comfortable place to walk, there 's rocks strewn on it, but it is wide enough . It is three feet wide. In Forest Home one of the areas most hostile to pedestrians is Pleasant Grove Road. That's 30 feet wide, two four foot lanes, two four foot paved shoulders, two eleven foot foot travel alnes. It is not a comfortable place to walk. So what struck me about the picture on page 12, Pine Tree Road is being used both as a bad example and a good example. The Executive Summary presents it as an example of poor design, yet this plan calls for replicating that throughout the Town, four to five foot wide paved shoulders, ten to eleven foot wide lanes on roads of moderate to high volume and I just hope we can do better. That's it. Thank you. Tee-Ann, I will give this to you. Supervisor Valentino asked if there was anyone else wishing to speak regarding the Transportation Plan . There being no one , Ms . Valentino closed the public hearing and brought the issue back to the Board for discussion . 30 May 7, 2007 Regular Town Board Meeting Approved June 1 I, 2007 Mr. Burbank asked Ms . Tedesco if she was ready to comment on some of the things Mr. Ilk Brittain brought up . She was and stated the following : Ms. Tedesco - I think with regards to some of the things, if a page number is missing, if an axis is labeled incorrectly that's easy stuff to fix. 1 don 't see any problem with fixing that. With regards to Appendix 111 the Town of Ithaca Transportation Survey, I do recall the comments that Bruce submitted on that. They were great suggestions. In order to take those suggestions it would have required going back through all 561 surveys by hand and re- tabulating some of the results. I think just in terms of staff time it's just not feasible unless that's what the Town decides the priority is then we can go back and to that, but it would require a significant amount of staff time to re-tabulate some of the results. With regards to the proposed revision to Volume III Design Guidelines submitted by Bruce Brittain, this sheet here, the sentence immediately preceding Bruce 's suggestions, actually the previous three sentences: "Sometimes the best practice associated with one aspect will conflict with the best practice associated with another aspect. For example, on high volume, high speed roadways it is important to provide adequate space for bicyclists. Yet overly wide roads can encourage excessive speeding which has negative impacts on livability. " And then Bruce 's insert. I mean the purpose of those two sentences were just to show how sometimes you have to balance the positives and balance the negatives. His sentence goes on to clarify that point so I don 't see any issue in including that. Jon, do you have anything to add. Mr. Kanter — Basically only that 1 think my recommendation to the Board would be, there are two things we could do. One option would be to make additional corrections, not substantive revisions based on the Brittain brothers comments in terms of further editing if that is necessary. It is hard to know without having seen those ahead of time. And we could do that and bring that back to the Board at the next meeting. Or, the Board could authorize the adoption of the Plan subject to incorporation of additional strictly editing. I think that is something that is up to the Board. I thing my recommendation at this point would not be to do any further substantive revisions unless we start going back right thorugh the who process again and take another couple of months to do it all and take several more committee meetings to do it. But it's your document; it's basically up to you guys. Supervisor Valentino — So we could just do some of the corrections and some of the editorial without changing any of the real comments that would trigger another public hearing. Mr. Kanter — Right. Ms. Leary — There are enough fixes that need to be done still that I wouldn 't feel comfortable adopting it without them coming back and checking them. Mr. Stein — I 'm a little confused as to how in general how these whole processes converge. That is to say, any time you have a public meeting you 've got something to adopt and if somebody comes in and makes some kind of a negative comment either you ignore it or you go back and make another public hearing. Isn 't that right? At some point in the process you 've got a public hearing and people come up and say something that they don 't like or some changes they don 't and you have to say, "no, this is the end of the road at this point and we 're going to adopt it Otherwise, you 'd just get in a process where you keep on doing 31 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 the same thing again and again . You can 't accommodate every negative comment. There was a mixture of comments that I 've heard. Some of which were editorial mistakes. It might have been nice if somehow you could have had those comments before the public meeting so that you could have dealt with them and sifted out and make the changes that you wanted to and reject those that you done. At the public meeting you could have said well, we 've considered this and our recommendation is to adopt it. But that didn 't happen and somehow I 'm trying to figure a way out of this that doesn 't require an infinite number of meetings with people making comments all the time. Mr. Kanter - I think I have the way. I think I have a solution, which would be staff would go through the comments that the Brittain brothers have submitted. Again to through and do editing, final editing. Bring it back to the Board. These would not be substantive changes, this is assuming the Board would okay it without substantive changes. Bring it back to the Board. Not have another public hearing because again as Peter says if you keep having public hearings and further comments it just goes on and on and on and I don 't think that's the intent of the Board, certainly not the intent of staff. We would make editorial revisions, have it back to the Board for the June meeting for adoption. I have no problem with doing that. Ms. Valentino - I agree with that. I think that's an excellent way to proceed. Mr. Stein - But then at least could we have a list of those comments that these gentlemen have made that you have decided not to put into the plan . Mr. Kanter - Well don 't we, to a large degree have that in the appendices or did we not address those specifically? Ms. Tedesco - Bruce and Doug have been very helpful throughout the development of the plan . I 'm not sure if every round of their comments is in the appendix, I think that would be an appendix into itself. So what we could do is if Bruce would be willing to submit this final list we can include that list along with our responses. Mr. Stein - And your responses to all the items on the list? Would that work out okay gentlemen ? Ms. Valentino - Herb ahs a comment. Let's try to keep this to the Board and then Jon. Mr. Engman - The whole purpose of a public hearing is to hear from the public and if you hear things from the public that cause us to want to put more or different information into a plan then we shouldn 't be in any hurry to pass it just because it happens to be on the agenda tonight. I 've always been very leery of having public hearings and then passing stuff that night just because we had the public hearing. There 's no big emergency on this plan . People have done a great deal of work on it, they've done wonderful work, but if it can be improved by working on it a little bit more 1 see not problem with that. I 'm less concerned about a missing page number than I am with the apparent discrepancies between what's in the Executive Summary and what's in the body of the material. If there are discrepancies that has to be fixed; that's not editorial. I would argue that we should just put this off until the next meeting. If it appears that any of the changes are substantial then, yes, we need to 32 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 schedule another public hearing. But that's no great tragedy; we can do that. I do thing we need to look at the input that's been made here and see which is substantive and which is simply editorial and I can 't make head nor tail of it at the moment because I haven 't seen this and been able to sit down and compare it. I think we 'd be rushing to judgment if we adopted this tonight. Ms. Leary — The main point is that it's not that we 're holding the public hearing and somebody else from the public is coming up with some new things that they just noticed and thought about. Bruce is coming back and most of the things that he 's pointing out were things that he pointed out before and it sounds like they just sort of feel through the cracks. Their editorial maybe, but they're pretty important. As Herb was saying, especially in the Executive Summary. So I 'd like to see in front of me a copy of what he 's outlining so that we can check it to before we adopt it. Ms. Valentino- Jonathan, did you have something you needed to say? Mr. Kanter — I did but let me defer to Nicole first. This is like in Congress where you give somebody else five seconds of time. Ms. Tedesco — This will be quick. I just wanted to clarify something that Pat had said. Bruce 's comments were written, the majority of the things that he referenced were actually written in Volume I the Plan and what it sounds like is they were written in Volume I and they ` weren 't carried over into the Executive Summary. So it is just a question of making the two documents match . Mr. Kanter — What I wanted to say is that the Transportation Committee actually did spend quite a bit of time going through the Brittain brothers comments and 1 would hate to have to spend people 's time doing that again. If we need to, Nicole and I can go back and try and indicate what comments were incorporated, what weren 't, and why. I would prefer even not having to take it back to the Transportation Committee, but rather bring it back with the fixes here, but again that's a decision you guys need to make. Mr. Stein — / just want to say that, not being much involved in this, it's a little hard to decide whether I ought to be terribly thankful to the Brittain brothers for careful reading, I'm deadly serious about this, for careful reading. A lot of people write documents, I 've written documents, people don 't read them and then we pass them, not here in the Town Board but in other venues, and I 'm embarrassed later on by what went through all of the checks and ended up as statements that were wrong. By the way, I wondered if those 9. 2 miles weren 't nautical miles, that would make it work out pretty well. It sounds to me like we 're indebted to people who have spent quite a long time going through a document with a very careful pair of eyes and finding small mistakes, large mistakes, and maybe major inconsistencies and, again, 1 can 't sort them out. They've taken their time, and I think it's worth out time to take this package seriously and respond to the whole thing and let them and us see what your response is and then at that subsequent meeting then either pass what you say or ask you to go back and look at it again. Or something like that. To have all of the information out there. Their comments on the current draft as it is, your response to that as to what you 're going about it, and then we 'll vote. I think we don 't need a public hearing about that or I 'd like to believe that we don 't need another public hearing. 33 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Ms. Valentino - Well that depends on if there is substantial changes or not. Jonathan, how long have we been working on this ? Mr. Kanter - Oh, about five years, give or take one or two. Ms. Valentino - How many public meetings have we had? Mr. Kanter - At least three public information meetings and now this is the third formal public hearing. Ms. Valentino - How many times as those of us that are on the committee do you estimate we 've reviewed the Brittain brother comments ? Mr. Kanter - A couple of times. Ms. Valentino - At least. This is not a sudden decision. This is a long term process that has, 1 think Will is chair of this committee, has worked hard as Nicole, Jon and all of us have to get these things together. And as you said earlier, Peter, we could go on forever. You know, if someone brings more comments, editorial changes. I feel that Jon 's suggestion that they look at it to see for those kinds of changes that are not substantial, I mean some of them are just an additional sentence where we 've already said the same thing in a couple of sentences before, its all it does is clarify. Some of them are page number, some of them are those things. I guess I would have to refer to our attorney, but if we could pass this tonight with the understanding, or. . . Mr. Kanter - Let me clarify something. A public hearing is not even required for adoption of this Transporation Plan and yet this is the third one we 've held. It's not like a local law where if you have a substantive change you have to have a public hearing on it. Ms. Leary - That makes it easy. Ms. Valentino - So then we could go back, you could look at these changes, and then we could just keep it narrowed to that. I don 't think we want to spend months and months revisiting the whole thing and then bring it back for our consideration like Peter suggested and you said you could do with the changes that you made and the list, the things we didn 't change and why. Does that sound right? Mr. Stein - Sounds good to me. Ms. Leary - Yes. Mr. Burbank - In the interests of not wasting Town resources and trees and whatever I would encourage us not to do yet another printing but to have just those changes on separate pages. Ms. Valentino - Bruce, do we have all your comments now? 34 Regular Meeting of the Ithaca Town Board Monday , May 7 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature 4 . Report of City of Ithaca Common Council 5 . Report of Fire Commission 6 . 6 : 00 p . m . - Persons to be Heard and Board Comments 7 . Consider setting a public hearing regarding a Local Law amending Chapter 270 , titled "Zoning " , of the Town of Ithaca Code regarding amateur radio facilities 8 . Consider setting a public hearing regarding a local law amending Chapter 270 , titled "Zoning " , of the Town of Ithaca Code regarding definitions of front , rear, and side yards 9 . Consider setting a public hearing regarding approval of contract with Village of Cayuga Heights for fire protection 10 . 6 : 45 p . m . Public Hearing - regarding a Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 11 . Consider adoption of a Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare ' s Special Land Use District No . 7 12 . 7 : 00 p . m . - Public Hearing regarding adoption of Town of Ithaca Transportation Plan 13 . SEQR — Town of Ithaca Transportation Plan 14 . Consider adoption of Town of Ithaca Transportation Plan 15 . 7 : 15 p . m . - Town of Ithaca Storm Water Management Plan Annual Report to NYS DEC — discussion and opportunity for public comments and questions L5 16 . Authorize emergency repairs for Forest Home Drive by the intersection of Plantation Road 17 . Follow-up discussion regarding proposed Carrowmoor development on Mecklenburg Road 18 . Consider setting a public hearing regarding replacement of a portion of the Trumansburg water main 19 . Consider setting a public hearing regarding replacement of a portion of the Hanshaw Road water main 20 . Consider Authorizing the Implementation and Funding for the Gateway Trail Project 21 . Consider appointment of Planning Board member 22 . Authorize the extension of Temporary Provisional Planner appointment 23 . Consider approval of Commercial Cleaning Proposal 24 . Consider purchasing additional insurance coverage 25 . Approval of sale of surplus items 26 . Consider Immigrant Enforcement Resolution 27 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract d . Approval of Extending " Hold " on attendance at sponsored functions policy e . Approval of revisions to Sick Time Policy f. Approval of Revisions to Safety Toed Shoe Policy g . Approval of Taxable Fringe Benefit Changes h . Approval of ratifying provisional appoint of Account Clerk Typist- SCLIWC 28 . Report of Town Committees a . Agricultural Committee b . Agricultural Land Preservation Committee C . Capital Projects and Fiscal Planning Committee d . Codes and Ordinances Committee e . Comprehensive Plan Review Committee f. Ethics Board g . Personnel Committee LOOZ `11 aunt panoaddd 'RugaaW pno8 umol aeln53-N LOOZ `L XeW May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Mr. Brittain — I submitted them in January. Mr. Stein — I 'm talking about now. Ms. Valentino — The ones that you brought up tonight, do we have copies of those ? Mr. Brittain — I handed them to Tee-Ann, the new stuff and then most of it is stuff that I handed in in January. Ms. Tedesco — In your comments that you handed in this evening, do you reference what you handed in in January? Mr. Brittain — I refer broadly. (inaudible — speaking from the audience) Mr. Kanter — Part of the problem is though with having a reference to the previous comments, we don 't know which ones worked out okay and which ones didn 't which means that we would have to go back through every single one of the original comments. Ms. Valentino — I don 't see us doing that. Mr. Kanter — That's pretty time consuming. Ms. Valentino — I think, Bruce, you need to resubmit your things and reference those comments so that it would make our job easier. I don 't see how we could do it effectively if you don 't because we are not going to know which ones you 're talking about. I mean, you 've submitted a lot of comments. You 're going to have to do that because I don 't see how we can do it otherwise. Mr. Brittain — That's a lot of work. Ms. Valentino — It sure is. I 'd rather have you do it than us. Better you than us. And the reason that we can 't do it is because we don 't have the reference points that you have. You 've got to do it. Ms. Tedesco — My concern is because you have, I can think of three full drafts that you 've handed over the course of the development of this plan . . . Mr. Brittain — This is just the January, in January I handed in a copy of the Executive Summary and I marked on it where Section 2F was missing, I said Section 2F missing. Do I have to take a new Executive Summary and write in Section 2F is still missing ? Is that what you 're asking ? Those comments all still apply. Ms. Tedesco — I think, and I 'm interpreting for the Board, please jump in if I 'm incorrect here, 1 think what we 're looking for is just on the back of an envelope, whatever, just a listing. You don 't actually have to go back to the Executive Summary and write in Section 2F, just say put 2F in Executive Summary. Something like that? Just some guidance . What I 'm concerned about is that I 'm going to have to go back to the draft that you handed in in January, open up our current draft and literally go page, by page, by page. On the draft that you handed in 35 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 there were some comment that were not incorporated. Do I need to go back and justify why each and every comments was incorporated or was not incorporated? Mr. Stein - This is not the place to design a process like that. You guys have spent a lot of time, a lot of useful time commenting on this and I think that this ought to be the culmination of that effort and it sounds to me like you 've got to spend some time together. I don 't know how long, but I can 't believe it's that long that you could just bring all your comments together in one place and go through them and then it would be done. Could you do that? Ms. Tedesco - Just keeping in mind that it is a 300 page document. Mr. Stein - I understand. Ms. Tedesco - I would like what the Board wants to see. How will you know that their concerns have been addressed? Mr. Stein - As far as I 'm concerned if you met together and you sent us a list of what you, I 'm mean I 'm not going to want know every editorial change, every verb change from shall to will that you 've rejected, but something reasonably substantive. A substantive complaint was made and you thought it was inaccurate so you rejected it, or you thought it was accurate and you accepted it. In some kind of a format that I can read without spending five hours sifting through documents trying to compare things. That what I would like to see. Ms. Tedesco - Thank you. So like a list. Mr. Stein - Yes, like a list. Ms. Leary - And especially in the Executive Summary. I think that's a case where some of the really most important changes were note. That's a case where I think it wouldn 't be that much to have a clean copy, to print out a clean copy, because it sounds like there 's enough stuff that it would be kind of awkward to read actual hand edited revisions or something. Do you think? Can we get a clean copy of the new Executive Summary once it's fixed? Eventually we 'll have to reprint this for distribution. Ms. Tedesco - Okay. Ms. Valentino - We have to do this within the committee and bring it back. We can 't just ask our staff to carry the whole load on this. The Transportation Committee is going to have to ante up and do this too, because that's what a committee is for is to do this kind of work. Ms. Leary - I don 't know if I should hold this until the committee meets again, but there was one comment from someone else here in one of the letters that was on the desk that I thought was a good comment and I actually brought it up I think in passing in the committee about just one caption on one of the pictures where it said, "not wearing a helmet is very dangerous', and the comment was that it's not all that much more dangerous that wearing a helmet because there 's been a lot about how helmets actually increase neck injuries or the severity of neck injuries. It cuts down on head injuries but it actually transfers the force to the 36 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 neck so there 's some doubt about how much more safe helmets make bike riding than not helmets. - Mr. Kanter — I need a clarification. This is going back to the Transportation Committee because if it does I think that's going to effect the timeframe. Ms. Valentino — Well, so you think as staff you can get that list? Mr. Kanter — 1 think so. Ms. Valentino — Then if we need to have a committee meeting we 'll have one, but we won 't plan on specifically. Does that sound reasonable ? Mr. Kanter — Yes. Mr. Burbank — Because among other things we want to get to the Forest Home Traffic Calming Study. Mr. Kanter — Nicole and I will get together first to try to figure out all the details. Ms. Valentino — We 'll bring it back to the Board and we don 't have to do another public hearing. Thank you. There was no more discussion regarding the Transportation Plan Agenda Item No . 15 — Town of Ithaca Stormwater Management Plan Annual Report to NYS DEC (Attachment #9 — Municipal Compliance Certification ( MCC ) Form ; NYS Department of Environmental Conservation letter re 2005 1 2006 Stormwater Annual Report Susan Ritter came forward to address the Board . Ms . Ritter told the Board this was the fourth year she has come before the Board to talk about the Stormwater Annual Report . She stated she was disappointed the Ithaca Journal did not publish the announcement of the public comment opportunity in the paper. A press release was sent to a number of media outlets and the report is on the Town website . The Annual Report deadline is June 1 , 2007 and the Town is allowing residents to submit comments up until May 25 , 2007 . The reporting process is part of the Phase II Municipal Stormwater Management Program handed down to New York State DEC from the United States Environmental Protection Agency . The intended goal of the program is essentially water quality protection . In the recent past , stormwater management was more about water quantity . The Phase II requirements are more focused on water quality . In terms of meeting the requirements , page 5 of the municipal compliance certificate form summarizes where the Town is in terms of meeting the requirements . There are six goals that have to be met . In terms of the public education and outreach , the Town is doing quite well . In part that is thanks to the Stormwater Coalition and the partners of the Coalition that include the Cayuga Lake Watershed Network , the Soil and Water Conservation District , and Cornell Cooperative Extension . Areas that the Town is still needing to do work on include : enacting the required 37 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 local laws including a stormwater management and erosion sedimentation control law and an illicit discharge and detection law . Recently Town staff has been looking over a preliminary draft and is moving along well . When they are done with their review the draft law will go to the appropriate committee . The other law the Town is required to enact before January is an illicit discharge and detection law. This is a simpler law . Ms . Ritter thought what they are looking for is municipalities to have a mechanism in place for a Town to come out if people see that someone is dumping stuff into a ditch or outlet and an enforcement mechanism so that the Town can do something about it . One part of the illicit discharge detection program is to identify all of the Town ' s stormwater outlets . The Engineering Department has about 85 % of that work done . The Town has been a model in the County and is helping other municipalities meet this requirement. Ms . Ritter felt the Engineering Department would get the work done this summer. Minimum measure 6 deals with the operations of the Public Works Facility . Ms . Ritter told the Board that the Town seems to be doing a really good job in terms of pollution prevention from reducing salt usage on the road to proper storage and handling of hazardous waste to the training of employees . There are Town policies and procedures in place that address pollution and prevention . The only thing that is not there is written documents . DEC wants to see the policies and procedures in writing by end of year. Ms . Ritter invited questions and comments from the Board and audience . Mr . Engman asked Ms . Ritter if page 5 indicates that all of the DEC criticisms have been well addressed since the DEC ' s February 12 , 2007 letter. Ms . Ritter told him not entirely . The Town is still lacking the local laws , which they hope to have in place by January . These sorts of things are missing . Ms . Ritter told him that last year it was a whole new reporting form . This year with a better understanding of what they are looking for, some of the answers have been beefed up . Hopefully this is what they want to see . Ms . Ritter reiterated that the report would remain open for public comments and stated comments that were received would be incorporated into the report . Ms . Valentino would need to sign the report before its submission to the DEC . Mr. Burbank asked what the Town was facing in terms of penalties for failure to attend to outstanding issues by end of year. Ms . Ritter told him there could be penalties although she did not think they were going to focus on Tompkins County. From what Ms . Ritter has been hearing from DEC , Tompkins County is actually in pretty good shape . But there was recently a conference in Buffalo and some of the Stormwater Coalition members reported back that the DEC will be going out and finding communities that do not have their programs in place . Following that sort of push there would spot checking of the municipalities . There was no one from the public to comment . Richard Fischer Award Ms . Ritter announced that the presentation of the Richard B . Fischer Award would take place at East Ithaca Nature Preserve . This year' s award is going to a 5t" grade teacher, Jean Moon Clark . Ms . Ritter told the Board they are hoping that students and parents will be participating in the event . There will be some student activities and food . The Board received invitations in their mailboxes and Ms . Ritter encouraged them to attend . 38 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Agenda Item No . 17 — Follow up discussion regarding proposed Carrowmoor development on Mecklenburg Road Ms . Valentino outlined possible actions that the Board could take as follows : pass the request for rezoning on the Planning Board for their consideration ; tell the applicant they are not willing to consider the request for rezoning ; or tell the applicant they are not ready to sent the request on the Planning Board yet and there are components of the project about which they would like more information or need more time to consider. Ms . Valentino told the Board that usually on such projects , the Planning Board is designated as the lead agency , but the Town Board could choose to be the lead agency and do the work . They would need to take into consideration the workload that they already have and understand that the additional work would probably require one or two meetings more per month than the Board currently has . Ms . Valentino asked the Board where they wanted to go from here . Mr. Engman thought it was useful to go over why the Town Board was involved stating in this case it' s a change in zoning . As Mr. Engman understands it , part of the Carrowmoor proposed project is an agricultural zone so the Town has to decide whether it should be changed to a planned development zone . Mr. Engman asked what the other part of the property was zoned . Mr. Kanter told him the idea was to zone the whole parcel as one planned development zone to give the desired mix of uses that the applicant is seeking . It' s combining the densities of the two existing zones , medium density and agricultural density , increasing the density and including a new use , commercial , that is not allowed in either zone . Mr . Engman commented that there was an awful lot to like about the project . There is the density issue ; you get an awful lot of housing into a relatively small amount of land . Mr. Engman thought the green building technology was very useful . The LEEDS certification possibility was a positive thing for the Town . The burying of utilities lines is very helpful . The design of the roadways is very innovative and demonstrates a lot of the things the Town has talked about in the Transportation Plan in terms of traffic calming and so forth . Mr. Engman thought there was an awful lot to like about the proposal . He thought there were some challenges . There has been criticism about the sheer number of new units in that neighborhood and this certainly would add to that . He thought the Town would want to look carefully at the open space that' s available right now that' s designed for horse usage , except for a small picnic area . He felt the Town would want some sort of assurance that it would remain as open space even if people didn 't want to put horses on it. He thought there was a need for open space in every project . He thought there were some challenges , among them traffic . The City is really concerned about any more traffic being funneled into downtown . Mr. Engman stated he took that less seriously than they do , because it doesn 't much matter where 400 and some households are located in the County . If they' re coming to work at Cornell or Ithaca College or anyplace else , most likely they are going to go through the Town of Ithaca to get there . Even though there are some problems there is some mitigation in the possibility of a new road that would at least give people options as to which direction they want to go in order to go out of the area . Even though there are some challenges , Mr. Engman stated that overall the project seems to be the type of thing that the Town has been talking about having in the community . The other big factor that is a challenge is affordable housing , which the Town has made a hard push on . That' s a philosophical problem in this 39 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 sort of development , which is high scale . Mr. Engman would like to see the Board have a really good , long discussion about what the Town would like to see in that part of Town . Ms . Leary asked if the issue was something that would be appropriate for the Codes and Ordinances Committee to look at . Ms . Valentino did not think so . Ms . Valentino stated that Mr . Engman touched on something that was of concern to her . (Turn tape) There were two issues (stated during the turning of the tape) that Ms . Valentino would like to have the developer work with the Town Board on prior to referring on to the Planning Board . Ms . Leary agreed with Ms . Valentino stating if the Town is rezoning this is the only opportunity for the Board to stipulate what they want . She thought the Board needed to be careful . Regarding Ms . Valentino ' s point regarding affordable housing , Ms . Leary stated she was glad to see that there was some thought about bringing some of the housing down to an affordable range for the median income . Ms . Leary stated she would like to see a little improvement in the proposal that only 12 % start at the median income and then go up to 120 % of median income . Mr. Stein stated that on the eve of a review of the Town ' s Comprehensive Plan , he was very dubious about supporting a zoning change for a project that is , by the Town ' s standards , enormous . It is a huge project . He thought it represented 10 % of Town ' s assessed property values . He stated he would not be prepared to allow the proposal to go forward as the Town is developing a comprehensive plan . He thought if it were ever appropriate for the Town Board to become lead agency , it is in this particular plan given its size . He thought the Board did not want to look at relatively small plans that do not effect things very much , but a large plan which requires a rezoning is just the thing they ought to. think about being the lead agency for. He stated he could not separate in his mind the many desirable things the developer talks about actually turning into realities . They say they are going to have a shuttle service , they say they are going to have all kinds of things that sound very good , but Mr . Stein wonders how the Board can be sure those things will happen . To what extent things are written into the plan that require the developer to provide them or require in perpetuity the ownership of this condominium to require and how many are just current thoughts that they may reconsider as the economics change . Mr. Burbank told the developer they had done a great job in giving the Board an opportunity to see the site , presented in a very good visual way . Mr. Burbank commented that what the developer was hearing tonight was that there is a wide diversity of opinion and the Board is just beginning to come to terms with what they are proposing , trying to understand and make sense of it . Mr. Burbank stated that while he shares the concern about the townwide need for affordable housing and has voted to approved projects , in this particular case it is not as high a concern for him . He is more attracted by some of the other aspects , the architecture and green technology . He would like to see those happen . He likes the overall concept . Mr. Burbank stated his concern is the cumulative effect of .1 000 human beings put in that area . The overall urbanization in that area is exactly what the Town has planned and yet Mr. Burbank does not think the Town has adequately dealt with the reality of moving those people down the hill , through the City , to wherever. That is going to have a huge impact . He thought it was something that the Town needs to deal with . All those people in Linderman 40 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Creek' s many phases , Carrowmoor , Eco Village moving down the hill without any sidewalks , bikeways . He thought that the Town needs to do what they should have been doing all along which is to address that large question . Talk with the City to see if there are any things they can do in concert to address this . He encouraged the developer to think about this aspect of the project and reach out to the neighbors . There is growing opposition by some of the immediate adjacent neighbors . A lot of the work the Board is going to need to do is to figure out how to mitigate the negative impacts that will happen . Ms . Valentino asked Mr . Kanter if it would be appropriate for the Town Board , before moving forward on any other decision , to ask the developer to do a traffic study for the Town Board and to provide more information regarding affordability . Mr. Kanter told her a traffic study would have to be done at some point . Normally a project of this magnitude would likely have to go through a full environmental impact statement process . It' s kind of hard to ask an applicant to do a traffic study without having a formal submission before the Board . Mr. Kanter told the Board they were kind of in a Catch 22 stating , it' s kind of difficult to do any major studies without the Board saying they' re willing to go that next step and look at it further. Mr. Kanter told the Board the process could be that they indicate they are interested in the proposal and the Town Board could be the lead agency and could issue a positive declaration of environmental significance and require an environmental impact statement . The Town Board could be responsible for how that pans out . Mr. Kanter stated he has never seen a Board , whether it be Town Board of Planning , ask a developer to do a conceptual traffic study without actually going through an impact process . There are a lot of opportunities in drafting a local law to address many of the things the Board has talked about : affordable housing , thresholds of development density , form , even some of the traffic mitigation measures . Mr. Kanter thought , in this case , a draft local law would be a key part . Mr. Kanter stated he would suggest the applicant first get together with Town staff to structure a draft local law and then bring that to a Town Board subcommittee to look at . But Mr. Kanter stated he would not do that if there is any hesitation at all in thinking more about the proposal . (Turn tape) Mr. Bauman came forward to address some of the Board ' s concerns stating he thought they were legitimate fears and concerns . He thought a local law would address many of the issues citing as an example that the open space will remain forever-open space . They are looking at contributing land to the Finger Lakes Land Preserve but do not have anything formally resolved with that. The developer' s desire is to bring the "village" into existence and have it stay much the same as it is . Once it is there it won 't evolved into something much bigger. Mr. Bauman told the Board they would do their best efforts to make sure things such as the bus and shuttle system stays in play . Obviously at some point they are no longer in the picture and if it' s a local law of the condominium association it would be part of their process . If they chose to keep it or get rid of it , it would be a long process . He thought there would be checks and balances along the way based on the local law that allows the zoning . The developer is prepared to go ahead with the traffic study and with the environmental review once they get movement in the right direction so they know something is going to happen . It is fairly extensive dollars , fairly extensive timeframe and a lot of manpower to do both of those studies . Paramount to the developer is the quality of the architecture and the visual statement as one comes in to the development . They have requested a meeting with 41 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 the West Hill residents and EcoVillage together. Mr . Bauman did not know when or where T that was going to be but was expecting to hear back by the end of the week or the beginning of the following week . Mr. Bauman reported having had conversations with some West Hill residents to allay some of the fears that have been rising . He thought some of that may be coming from the expansion of the project down the hill . Mr. Bauman thought the meetings with residents would be paramount in terms of having people understand what they are doing and why they are doing it . Ms . Valentino asked that the Board be made aware of when those meeting are . They may want to come and sit in to get a feel for what people are thinking . Mr. Bauman reported on discussions with the City , which is getting ready to redo the 79 and Elm Street interchange . He thought now would be a perfect time for the Town to get in sync with the City about concerns regarding sidewalks and bike lanes . Ms . Leary thought the local law should go before the Codes and Ordinances Committee . She felt the make up of that Committee , including chairs of the Planning and Zoning Boards , would make a good forum to talk about the proposals . Mr. Stein was not sure the Town was ready to draft a local law . He thought the Board was still at a more conceptual stage . Mr. Stein reiterated his reluctance to jump in with both feet given the restudy of the comprehensive plan , all the development that has gone on West Hill , and to figure out where the Town wants to go , and the size of the proposed project . He stated he did understand what Mr. Kanter meant regarding the Catch 22 . If the doing of a traffic study and environmental impact statement requires that the Town Board say they are willing to go ahead with the project it is in one sense putting the cart before the source . Mr. Stein stated he was not sure he was willing to go ahead with the project because he is not sure what they are talking about in terms of the impact on West Hill and the traffic situation . He has to know, before saying he is willing to go ahead with this project that is going to bring "x" number of people into the area . There is only a certain degree to which you can mitigate traffic if you bring 1 , 000 people into the area . They are not going to sit there all day long ; they are going to go someplace and that means increased traffic . Mr. Bauman asked for confirmation from Mr. Kanter that his calculation on a traditional subdivision was roughly 350 units . Mr. Kanter stated it was ranging from 255 to 330 depending upon what kind of a calculation you use . Mr . Bauman asked if the Board would rather see a traditional subdivision rather than have them come before the Board for a zoning change . They are talking about 1 , 000 maybe 1 , 100 people as opposed to 1 , 350 people . If the Board looks at where the zoning is now and where it was headed towards , the developer stated they were actually looking to improve that and the quality of life surrounding it . Mr . Bauman stated it is a big change from what the Board is used to dealing with but to push it off because they want to re-review the Comprehensive Plan could go on for years and years . Mr . Engman stated he was unconvinced that for some reason West Hill is special and therefore shouldn 't have any more growth . The reason there is growth on West Hill is because it hasn 't been developed yet . He stated that on the rest of the hills , including where he lives , every possible parcel has been built upon . West Hill just happens to be where land is available . 42 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Mr . Engman asked how many employees would be working on the property if it were completely built out . Mr. Bauman told him probably around 60 to 80 people , full and part time . Mr . Engman then stated that the people who need housing most in this community are these folks and maybe there is a way to figure out a way that they can live on site so they don 't have to drive from Cayuga County all the way to Ithaca . Maybe that can be part of the solution to getting people closer to where they work . Mr. Bauman told him they had looked at Carrowmoor retaining some ownership for rentals specifically for those purposes . They had not yet come to a determination of whether or not they should do that . Mr. Burbank stated he did not think the Board should hold this project hostage to the Town ' s revisiting of the Comprehensive Plan . Mr . Burbank took exception to Mr. Engman ' s comments regarding development on West Hill stating what the Town hasn 't followed through on was creating a good way to move people down the hill and through the City in ways that are not detrimental . He stated the proposed project was going to be a quantum leap in terms of the impact . Mr . Burbank stated he was not just talking about the movement of traffic ; he was talking about the total impact of traffic and what the Town can do to mitigate that . It is not just the developer' s problem . They have the right to build something on that land . The Town , as a government , needs to work with the City to mitigate the impacts of the traffic and look to the developer to aide in that effort and be supportive . Mr. Rancich told Mr. Burbank he did not believe the entire population of Carrowmoor would be new to the Ithaca area . Ms . Leary stated this was another reason to keep as much median income housing in Carrowmoor as possible ; it would be a shifting of the local population rather than bringing in new people . Regarding Mr. Burbank' s comments regarding the size of the proposed development , Ms . Leary stated that it gives the Board an opportunity to address the affordability issue in one large project instead of incrementally . Ms . Leary said the Board can 't wait and say you can 't have the project because we don 't have the infrastructure , we don 't have the transportation , we don 't have the sidewalks . You ' re not going to put sidewalks into a place where nobody goes . The development and the infrastructure go hand in hand ; this would be the impetus to put the sidewalks in . And when Tcat talks about it' s routes , they don 't put a route to nowhere . Ms . Valentino stated she liked Mr . Kanter' s plan about putting together the draft local law that gives the Board the framework and includes the things the Board knows and feels are important to have . She thought for Mr. Kanter and Susan and a few others to sit down and do that would be outside the Codes and Ordinances Committee . She thought , given the makeup of the committee , it would make a lot of sense for the Codes and Ordinances to review the proposed local law. Mr. Kanter stated he was a little worried about sidetracking the Codes and Ordinances Committee from the priorities they have already identified . Ms . Leary felt it would make sense for this law to go through Codes and Ordinances . As chair of the Codes and Ordinances Committee , Mr . Engman stated he agreed with Mr. Kanter regarding that committee ' s work schedule . He did think , however, that maybe a committee that could be appointed specifically for this project might include somebody from the Planning j Board and somebody from the Zoning Board of Appeals . It wouldn 't have to be the chairs . Ms . Valentino stated she would contact the various boards and try to put together a subcommittee to develop a proposed local law for Town Board review. The committee would 43 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 include Town Board members and members of the Planning Board . Mr . Engman recommended including somebody from the Conservation Board . This would be a citizens committee and require appointment by the Town Board . Ms . Leary reiterated her feeling that it would be very valuable for the proposed law to be reviewed by Codes and Ordinances prior to coming to the Town Board . She thought it would be quicker to appoint a Town Board Committee to draft the law and then have it go before Codes and Ordinances . Ms . Valentino said she would appoint a Board committee to work with support staff and the Attorney for the Town . Mr. Rancich stated his intention to work with the Town in developing the project and Ms . Valentino told him the town was serious in trying to work with him . Agenda Item No . 21 — Consider appointment of Planning Board member Ms . Valentino asked for a report from the interview committee . Councilman Stein asked that they go into executive session with Attorney Brock providing the language : "for matters leading to the appointment of a particular person to the Planning Board " . Ms . Valentino asked if the issue could be moved down on the agenda . The Board agreed . Agenda Item No . 22 — Authorize the extension of Temporary Provision Planner appointment Mr . Kanter directed the Board ' s attention to materials provided them in their packets . TB RESOLUTION NO . 2007-083 : EXTENSION OF PROVISIONAL APPOINTMENT OF PLANNER WHEREAS , the Town of Ithaca Town Board appointed Esther Blodau - Konick to fill a Planner position on a temporary , provisional basis beginning on January 8 , 2007 until May 18 , 2007 - and WHEREAS , the Director of Planning recommends the extension of the temporary , provisional appointment of Esther Blodau- Konick as Planner from May 19 , 2007 through June 301 2007 to continue work with the Transportation Committee on Plan implementation , to continue work with the Codes and Ordinances Committee on wind energy regulations and other code issues , to continue work on affordable housing strategies , and on other assignments , and due to the extra work that will occur for the department by continuing being the lead agency on the Cornell University GEIS project , which is now estimated to extend well into 2007 ; and WHEREAS , the Town of Ithaca Planning Department Budget includes sufficient funds to cover the amount necessary for wages and limited benefits of the extension of the full time , temporary Planner position through June 30 , 2007 ; and WHEREAS , the Town Board in TB Resolution No . 2006-264 authorized the temporary , provisional appointment of Esther Blodau - Konick through May 18 , 2007 , subject to further extensions as determined by the Town Board ; now, therefore , be it , 44 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 RESOLVED , the Town Board of the Town of Ithaca does hereby approve the extension of the temporary , provisional appointment of Esther Blodau - Konick as Planner from May 19 , 2007 through June 30 , 2007 ; and be it further RESOLVED , such appointment be on a basis of 37 . 5 hours per week at an hourly rate of $ 19 . 18 ( minimum hiring rate ) , from accounts 88020 . 100 and 88020 . 110 , benefits are limited to the temporary status of the position . MOVED : Councilman Engman SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Agenda Item No . 24 — Consider purchasing additional insurance coverage Ms . Drake referred the Board to the memo provided in their packets . TB RESOLUTION NO . 2007 -084 : Approval of Additional Commercial Insurance for 2007 WHEREAS , the Town Board approved the change of insurance provider to NYMIR at the December 29 , 2006 Town Board meeting for 2007 ; and WHEREAS , the coverage for the crime portion of the policy under NYMIR only covers up to $ 10 , 000 , and under Selective the Town had $47 , 500 worth of coverage ; and WHEREAS , National Grange (current Bond Carrier) can add this policy at a $ 37 , 500 level for an additional $ 1 , 251 ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby approves purchasing the additional crime policy through National Grange at the $ 37 , 500 level for an additional premium of $ 1 , 251 . MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Agenda Item No . 25 — Approval of sale of surplus items 45 May 7 , 2007 Regular Town Board Meeting Approved June 11 , 2007 Mr. Engman asked that extra language in the draft resolution be deleted . The Board agreed . i TB RESOLUTION NO . 2007 -085 : Sale of Surplus Items WHEREAS , a municipal auction is held every year in Palmyra , NY ; and WHEREAS , The Public Works Department will put the following in the auction in May 121 20071 2001 Ford F550 , 4x4 truck with dump box and spreader; and RESOLVED , that a 2001 Ford F550 , 4x4 truck with dump box and spreader be placed in the auction with the money from the sale going into the Cash Reserve—Highway Equipment ( DB230) account . MOVED : Councilman Burbank SECONDED : Councilwoman Gittelman VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Agenda Item No . 26 – Consider Immigrant Enforcement Resolution i Following up on discussion begun at the April meeting , Mr . Engman told the Board he had met with Sheriff Meskill to go over the draft resolution . The Sheriff' s concerns were addressed , a revised draft sent to him , and he no longer has any concerns . Ms . Valentino asked that language acknowledging the country' s history in embracing immigrants be added to the resolution . The Board agreed to accept the resolution as presented with the understanding that Supervisor Valentino and Councilman Engman craft the requested language . TB RESOLUTION NO . 2007-086 : Town of Ithaca Immigration Enforcement Resolution WHEREAS , reliable reports indicate a dramatic increase in enforcement of immigration laws in New York and elsewhere , and WHEREAS , those reports further indicate that such enforcement has created a climate of fear among New York's non -citizen population , and WHEREAS , as a result of such enforcement measures immigrant families have been broken up with parents forcibly separated from children and in some cases families forced to flee their homes and seek shelter wherever possible , and WHEREAS , deportations and incarcerations of such individuals have allegedly occurred with ruthless haste and without regard to basic human rights and due process protections , and 46 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 WHEREAS , the State of New York and the Town of Ithaca should not tolerate such tactics sometimes employed by the U . S . Immigration and Customs Enforcement agency as described in some published reports , and WHEREAS , New York State has , at times , been a safe haven for those who are oppressed and beleaguered and has historically been the gateway for people from all parts of the globe - who seek a better life for themselves and their families , and WHEREAS , The United States has supported immigration throughout its history and has benefited immensely from the economic and cultural contributions of immigrants and WHEREAS , individuals should know that they may seek and obtain the assistance of the Sheriff' s Office and all other police agencies regardless of personal or private attributes and without negative consequences to their personal lives , and WHEREAS , the Sheriff' s Office has traditionally not participated in actions against immigrants on the basis of specific residents' immigration status and has treated immigrants with the same respect as all other county residents , now therefore be it RESOLVED , that the Town of Ithaca stands opposed to the allegedly overbearing and frightening activities sometimes employed by the U . S . Immigration and Customs Enforcement agency against non -citizens , and be it further RESOLVED , that the Town of Ithaca calls upon the Hon . Charles Schumer and the Hon . Hillary Clinton , as well as the entire New York Congressional delegation , to take such measures as may be necessary to insure the humane and respectful treatment of such individuals and families within the State of New York , and be it further RESOLVED , that the Town of Ithaca calls upon the Hon . Eliot Spitzer, Governor of the State of New York , to explore means and methods by which the State may assist non -citizens within New York State to deal with the effects of the newly stepped - up enforcement of immigration laws , including a definition of the appropriate role of the State Police in such instances , and be it further RESOLVED , that recognizing its positive record regarding enforcement of immigration laws , the Sheriff' s Office is encouraged to continue this practice and is further requested to treat the enforcement of federal immigration laws as a function primarily of federal law enforcement agencies , except when specifically requested to be involved in particularized suspicion of criminal activity other than the mere presence of an individual in the Town of Ithaca ; in the event of such a request regarding particularized suspicion of criminal activity other than the mere presence of an individual in the Town of Ithaca , the Sheriff' s Office is encouraged to make every effort to maintain its standards to ensure humane , respectful , and Ake legally proper treatment of all involved , in accordance with the principles described herein , and be it further RESOLVED , that Ithaca Town Clerk send copies of this resolution to Senators Charles Schumer and Hillary Clinton ; Congressmen Maurice Hinchey and Michael Arcuri ; Governor 47 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Eliot Spitzer; and Sheriff Peter Meskill . MOVED : Councilman Engman SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye , Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Agenda Item No . 27 — Consent Agenda TB RESOLUTION NO . 2007 -087 : Consent Agenda 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 : a . Town of Ithaca Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract d . Approval of Extending " Hold " on attendance at sponsored functions policy e . Approval of revisions to Sick Time Policy f. Approval of Revisions to Safety Toed Shoe Policy g . Approval of Taxable Fringe Benefit Changes h . Approval of ratifying provisional appoint of Account Clerk Typist-SCLIWC MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007 - 087a : Town Board Minutes of April 9 , 2007 WHEREAS , the Town Clerk has presented the minutes the Regular Town Board meeting held on April 9 , 2007 to the 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 April 9 , 2007 and April 26 , 2007 as presented at the May 7 , 2007 board meeting . MOVED : Councilman Stein 48 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007- 087b : 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 . 3593 - 3716 General Fund Townwide $ 77 , 565 . 13 General Fund Part Town $ 11 , 626 . 03 Highway Fund Part Town $ 46, 917. 14 Water Fund $ 22, 995. 21 Sewer Fund $ 51866. 51 Risk Retention Fund $ 11129 . 20 Fire Protection Fund $ 189 , 935 . 89 Forest Home Lighting District $ 188 . 99 Glenside Lighting District $ 73 . 69 Renwick Heights Lighting District $ 102 . 05 Eastwood Commons Lighting District $ 199 . 88 Clover Lane Lighting District $ 24 . 23 Winner's Circle Lighting District $ 66 . 73 Burleigh Drive Lighting District $ 82 . 49 Westhaven Road Lighting District $ 273 . 65 Coddington Road Lighting District $ 161 . 74 Debt Service $ 742 . 00 TOTAL : $ 357 . 950 . 56 MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . 49 May 7 , 2007 Regular Town Board Meeting Approved June 11 , 2007 ABSENT : Councilman Cowie TB RESOLUTION NO . 2007 - 087c : Bolton Points Abstract WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now , therefore , be it RESOLVED , that the Town Board hereby authorizes the payment of the said vouchers . Voucher Numbers : 191 -229 , 231 -2331 235-250 Check Numbers : 991819968-9976 , 9978- 10009 , 10011 - 10025 Operating Fund $ 1737268 . 74 1998 SCADA Capital Project $ 149 . 91 2002 Office Space Addition $ 109 . 03 East Hill Tank $ 61 , 288 . 56 TOTAL $ 234 , 816 . 24 MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007 — 087d : Approval of Extending HOLD on Attendance at Sponsored Functions Policy WHEREAS , the "Attendance at Sponsored Functions " policy states that an employee must attend the function , use fringe time or work ; and WHEREAS , the Town Board approved in 2005 to put the policy on hold for the 2006 picnic and see if attendance dropped off as the policy is difficult to administer and some employees just don 't like social events ; and WHEREAS , as the Employee Relations and Personnel Committee reviewed the results from 2006 , and both committees recommend leaving the policy on hold until such time as the attendance at the picnic drops off; 50 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the keeping the "Attendance at Sponsored Functions " policy on hold until attendance at the picnic drops off as recommended by the Employee Relations Committee and the Personnel Committee . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007— 087f: Approval of Revising Safety Toed Shoe Policy WHEREAS, the Town created a Safety Toed Shoe Policy in 2000 and created an annual allowance for Public Works staff of $ 100 and an every other year allowance for Engineering and Code Enforcement staff of $ 100 ; and WHEREAS, the Safety Committee has reviewed the cost for safety toed shoes and recommend increasing the amount to $ 125 ; and WHEREAS , the Personnel Committee has reviewed the Safety Committee ' s recommendation and also recommend the $25 increase in the amount , effective for the 2008 fiscal year; and WHEREAS, the current policy is to issue the employees an allowance check , which does not have payroll taxes deducted , in which is not recommended by the IRS ; and WHEREAS , the Personnel Committee recommends changing the policy so that the employees will receive a reimbursement check for the amount on the receipt for the Safety Toed Shoes up to the maximum allowed amount . This change in policy is recommended by the IRS and would not require the reimbursement to have payroll taxes deducted from the reimbursement check ; Now, therefore , be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve of increasing the Safety Toed Shoe maximum amount to $ 125 per year for Public Works staff and $ 125 every even year for Engineering and Code Enforcement staff; and be it further RESOLVED, the Town Board approves changing the policy from an allowance program to a reimbursement program with receipt as recommended by the IRS . MOVED : Councilman Stein 51 May 7 , 2007 Regular Town Board Meeting Approved June 11, 2007 SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007-087g : Approval Taxable Fringe Benefit Changes WHEREAS , the Employee Relations Committee and Personnel Committee has discussed items concerning Taxable Fringe Benefits and tax implications ; and WHEREAS , after discussion , the Personnel Committee recommends the Town Board approving changes to how certain taxable fringe benefits are handled for the future (see below) ; and WHEREAS , the 2007 safety toed shoe allowance and uniform allowance amounting to $ 320 has already been paid to the employees through voucher, which now must be taxed through the payroll program . Human Resources Manager recommended to the Personnel Committee a means to reduce the taxed amount of the employee so that their net pay is no more than $40 less , based on their individual tax level . In order to accomplish this $ 320 would be added to the employee ' s gross wages and $220 would be deducted for uniforms , which would result in the employees paying a reduced amount of payroll taxes . This would be recommended to be done with the June 29 , 2007 paycheck as it is the third paycheck for the month ; and WHEREAS , the Personnel Committee recommends the Town Board to approve the Human Resources Manager recommendation , Now, therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the below changes to how the taxable fringe benefits are paid out ; and be it further RESOLVED , the Town Board approves correcting the 2007 clothing and safety toed shoe allowance by adding $ 320 to the employee ' s gross wages and deducting $220 as a uniform deduction , so that employees will not have their net pay reduced by more than $40 , which will occur with the June 29 , 2007 paycheck . Fringe Benefit : Wellness Reimbursement : Currently : Reimbursement check cut from voucher, with no employee taxes withheld . Change : Reimbursement check cut from payroll , with employee taxes withheld , reportable on w-2 . Safety Toed Shoes : Currently : Allowance check cut from voucher, with no employee taxes withheld . 52 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 Change : Reimbursement check cut from voucher based on receipt amount , no need to withhold payroll taxes . Uniforms : Currently : Allowance check cut from voucher, with no employee taxes withheld . Change : Allowance check cut from payroll , with employee taxes withheld , reportable on w-2 . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie TB RESOLUTION NO . 2007-087h : Ratifying Provisional Appointment Account Clerk Typist-SCLIWC WHEREAS , there is presently a vacancy in the part time position of Account Clerk Typist in the Administration Department at Southern Cayuga Lake Intermunicipal Water Commission ; and WHEREAS , the Finance Manager and Human Resources Manager have determined that Melody Lombardo possess the necessary knowledge and skills to satisfactorily perform the duties of an Account Clerk Typist ; and WHEREAS , Ms . Lombardo was provisionally appointed by SCLIWC at the May3 , 2007 meeting based on a part time level of 20 hours per week , effective May 29 , 2007 ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby ratify SCLIWC ' s appointment of Melody Lombardo as a provisional part time Account Clerk Typist for the Administration Department ; and be it further RESOLVED , this is a twenty (20) hours a week position , at the hourly wage of $ 14 . 50 , which is an estimated annual salary of $ 15 , 080 . 00 , from account number SW8310 . 101 , with part time benefits . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . 53 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 ABSENT : Councilman Cowie Agenda Items No . 32 — Executive Session regarding matters leading to the appointment of a particular person to the Planning Board TB RESOLUTION NO . 2007 =088 : Enter into Executive Session to discuss matters leading to the appointment of a particular person to the Planning Board RESOLVED , that the Town Board of the Town of Ithaca hereby enters into executive session at 9 : 33 p . m . to discuss matters leading to the appointment of a particular person to the Planning Board . MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye ; Councilman Stein , . aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie TB RESOLUTION 2007 -089 : Return to Regular Session RESOLVED , that the Town Board of the Town of Ithaca hereby returns to regular session at 9 : 55 p . m . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT: Councilman Cowie Agenda Item No . 21 — Consider appointment of Planning Board member TB RESOLUTION NO . 2007 =090 : Appointment of Planning Board Member WHEREAS , a vacancy exists on the Planning Board due to a term ending and the individual not wanting to serve a second seven year term ; and WHEREAS , an interview committee interviewed the 5 interested individuals ; now therefore be it 54 May 7, 2007 Regular Town Board Meeting Approved June 1 /, 2007 RESOLVED , that the governing Board of the Town of Ithaca hereby appoints Susan Rhia of 109 Maplewood Drive , Ithaca , New York , as the member to the Planning Board to fill a new seven year term beginning May 7 , 2007 and ending December 31 , 2013 . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . ABSENT : Councilman Cowie Mr. Burbank commented that it should be pointed out that the committee interviewed five very interesting people and in no sense was the Board ' s decision a rejection of any of the candidates . Ms . Valentino added that the Town Board is interested in appointing someone to be an alternate and would like a recommendation regarding that appointment to come to the Board . Mr. Stein asked that the issue be put on the next meeting agenda . Mr. Kanter told the Board they had a resolution from the Planning Board supporting the establishment of an alternate or alternate positions on the Planning Board . Mr . Stein felt that , given the lateness of the hour, the Board could not go into "discussion of the employment histories of particular persons " and recommended deferring them until the next meeting . Ms . Valentino asked that the Board consider the authorization for the additional compensation for the Budget Officer . It is only an extension what the Board did for him earlier in the year regarding the work he is doing at Bolton Point . TB RESOLUTION NO , 2007 =091 : Authorization for Additional Service to SCLIWC and Additional Compensation to Budget Officer WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission requested additional services from the Town of Ithaca for the Budget Officer for training and consulting for the Administration Manager in 2006 ; and WHEREAS , due to a change in staff the Southern Cayuga Lake Intermunicipal Water Commission requests from the Town of Ithaca the temporary services of the Budget Officer through the end of 2007 for training and consulting ; and WHEREAS , the Commission will reimburse the Town of Ithaca for additional wages and fringes (see attached sheet) for the Budget Officer, while providing said additional duties ; NOW , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize the additional services of the Budget Officer to the Southern Cayuga Lake Intermunicipal Water Commission for 2007 ; and be it further 55 May 7, 2007 Regular Town Board Meeting Approved June 11, 2007 RESOLVED , the Town Board authorizes the additional wage portion of the reimbursement from Southern Cayuga Lake Intermunicipal Water Commission to be paid to the Budget Officer for the additional work load he is assuming . MOVED : Councilman Stein SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilwoman Gittelman , aye ; Councilwoman Leary , aye ; Councilman Stein , aye . ABSENT : Councilman Cowie Budget Officer : 2006 2007 Annualized amount $ 5 , 557 x 4 . 6 % _ $ 5 , 811 . 00 35 % fringes $ 1 , 945 = $2 , 033 . 85 Total : $ 77502 = $7 , 844 . 85 To be paid quarterly with payroll processing voucher. To be paid to out to Budget Officer: $ 341 . 83 per pay period for next 17 pays = $ 5 , 811 . 00 Agenda Item No . 30 — Report of Town Officials (Attachment #10 — monthly reports ) There were no comments from or questions for the Town Officials . Adjournment On motion by Councilman Burbank , seconded by Councilwoman Gittelman , the meeting was adjourned at 10 : 00 p . m . Respec y submitted , Tee-Ann Hunter Town Clerk Next regular meeting June 11 , 2007 56 TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , May 07 , 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION mt ( 1. 55 & Yu ��- c0f (\e�� 1) 0 V-� c A " ', 6 YNV6 ✓ u�' 1 �v� � S �s� � r Y► vie i,.�- t 6v Auk f 5 May 7 , 2007 Regular Town Board Meeting ATTACHMENT # 1 TOWN OF ITHACA LOCAL LAW NO , OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED "ZONING," OF THE TOWN OF ITHACA CODE REGARDING AMATEUR RADIO FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5 , titled "Definitions," is amended by adding this definition for AMATEUR RADIO FACILITIES : "AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment] ." Section 2 . Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled "Special Regulations," is amended by adding Section 270-219 . 3 as follows : "§ 270-219.3 Amateur radio facilities. A . Amateur radio facilities located within a building are permitted in all zoning districts in the Town. B . Amateur radio facilities located outside of a building are permitted as specified in Articles V-XX of this chapter and shall meet all of the following requirements : ( 1 ) The height of each amateur radio facility shall not exceed 65 feet from the ground elevation. (2) Where the amateur radio facilities are an accessory use, they shall be located on the roof of a building, or in a side or rear yard only, except feed lines connecting the radio to the antenna and rotor control wires may also be located in a front yard. (3 ) The location of the amateur radio facilities shall meet all applicable setback and buffer requirements of the zone in which they are located. (4) A fall zone must exist around any tower constructed as part of an amateur radio facility and must have a radius at least equal to the height of the May I , 2007 1 tower and any attached antennas . The fall zone may not include public roads and must be entirely located on the property on which the amateur radio facilities are located and/or on property which the tower user owns or for which the tower user has obtained an easement. (5) Any towers shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration or any successor agency. (6) Co-location of equipment or facilities that are not used for amateur radio purposes on an amateur radio tower is prohibited. (7) The placement of more than two amateur radio towers on one lot is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (8) When required by Chapter 125 of the Town of Ithaca Code (Building Construction and Fire Prevention), a building permit must be obtained for the amateur radio facilities . C . An accessory building that is part of an amateur radio facility is subject to all requirements applicable to accessory buildings other than garages in the zone in which it is located, except such accessory buildings may be located in side yards as well as rear yards . D . Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed amateur radio facilities . Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270- 191 of this chapter are met, including but not limited to proposed changes to or additions of amateur radio facilities where such changes or additions meet a § 270- 191 threshold. E. If a tower that is part of an amateur radio facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, antennas, mounts and associated equipment and facilities by no later than 90 days after the end of the 12 month period . Section 3 . Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of .lthaca Code, Section 270- 14, titled "Permitted accessory buildings or uses," is amended by adding subparagraph G reading as follows : "G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 31" May 1 , 2007 2 Section 4. Chapter 270 (Zoning) , Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-27, titled "Principal uses authorized by special permit only," is amended by deleting the word "Radio" in subparagraph G, so that subparagraph G reads as follows : "G. Television, commercial radio, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. " Section 5 . Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-26 , titled "Permitted - principal uses," is amended by adding a new subparagraph M to the end of this section reading as follows : "M . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 6. Chapter 270 (Zoning) , Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 ." Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43 , titled "Permitted accessory structures and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "1. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 31 " Section 8. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-56, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 9. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68 , titled "Permitted accessory buildings and uses," is amended by adding anew subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 10. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270- 79, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph H to the end of this section reading as follows : May 1 , 2007 3 "H . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 ." Section 11 . Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91 , titled "Permitted accessory uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 12 . Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 101 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 13 . Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270- 114, titled "Permitted accessory uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 14. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 144, titled "Permitted principal uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 15. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 146, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 16. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270- 160, titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 31 " May 1 , 2007 4 Section 17. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity . of the remaining portions shall not be affected by such declaration of invalidity. Section 18. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State,, whichever is the last to occur. May 1 , 2007 5 May 7 , 2007 Town Board Meeting ATTACHMENT # 2 TOWN OF ITHACA LOCAL LAW NO . OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED "ZONING," OF THE TOWN OF ITHACA CODE REGARDING AMATEUR RADIO FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5 , titled "Definitions," is amended by adding this definition for AMATEUR RADIO FACILITIES : "AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment] . " Section 2 . Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled "Special Regulations," is amended by adding Section 270-219 . 3 as follows : "§ 270-219.3 Amateur radio facilities . A. Amateur radio facilities located within a building are permitted in all zoning districts in the Town. B . Amateur radio facilities located outside of a building are permitted as specified in Articles V-XX of this chapter and shall meet all of the following requirements : ( 1 ) The height of each amateur radio facility shall not exceed 65 feet from the ground elevation. (2) Where the amateur radio facilities are an accessory use, they shall be located on the roof of a building, or in a side or rear yard only, except feed lines connecting the radio to the antenna and rotor control wires may also be located in a front yard. (3 ) The location of the amateur radio facilities shall meet all applicable setback and buffer requirements of the zone in which they are located. (4) A fall zone must exist around any tower constructed as part of an amateur radio facility and must have a radius at least equal to the height of the May 1 , 2007 1 tower and any attached antennas . The fall zone may not include public roads and must be entirely located on the property on which the amateur radio facilities are located and/or on property which the tower user owns or for which the tower user has obtained an easement. (5) Any towers shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration or any successor agency. (6) Co-location of equipment or facilities that are not used for amateur radio purposes on an amateur radio tower is prohibited. (7) The placement of more than two amateur radio towers on one lot is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (8) When required by Chapter 125 of the Town of Ithaca Code (Building Construction and Fire Prevention), a building permit must be obtained for the amateur radio facilities . C . An accessory building that is part of an amateur radio facility is subject to all requirements applicable to accessory buildings other than garages in the zone in which it is located, except such accessory buildings may be located in side yards as well as rear yards . D . Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed amateur radio facilities . Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270- 191 of this chapter are met, including but not limited to proposed changes to or additions of amateur radio facilities where such changes or additions meet a § 270- 191 threshold. E. If a tower that is part of an amateur radio facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, antennas, mounts and associated equipment and facilities by no later than 90 days after the end of the 12 month period. " Section 3 . Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270- 14, titled "Permitted accessory buildings or uses ," is amended by adding subparagraph G reading as follows : "G . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " May 1 , 2007 2 Section 4. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-27, titled "Principal uses authorized by special permit only," is amended by deleting the word "Radio" in subparagraph G, so that subparagraph G reads as follows : "G. Television, commercial radio, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. " Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-26 , titled "Permitted principal uses," is amended by adding a new subparagraph M to the end of this section reading as follows : "M. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 6 . Chapter 270 (Zoning) , Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43 , titled "Permitted accessory structures and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 8. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270- 56, titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 9. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 ." Section 10 . Chapter 270 (Zoning) , Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph H to the end of this section reading as follows : May 1 , 2007 3 "H . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 11 . Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91 , titled "Permitted accessory uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 ." Section 12 . Chapter 270 (Zoning) , Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 101 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : 441. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 13 . Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270- 114, titled "Permitted accessory uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 .3 ." Section 14. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 144, titled "Permitted principal uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 15. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 146, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 . " Section 16. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270- 160, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219 . 3 ." May 1, 2007 4 Section 17 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 18 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. May 1 , 2007 5 May 71 2007 Town Board Meeting ATTACHMENT # 3 Dear Board Members : I live in the city of Ithaca beside a creek that runs through, and may even originate, in the town of Ithaca. My address is 602 Spencer Rd . The creek runs along Stone Quarry Road and is a border for Buttermilk Falls State Park, continues down under Spencer Road between my property and a drive owned by U-Haul, and on under Elmira Road between U-Haul and Cole Muffler and then on into the inlet. When we first purchased this property in 1991 , the back yard was lush with tall old trees and lovely bushes along the creek completely privatizing us . We originally purchased the property as a rental unit, but moved in ourselves in 1999 . At that time we noticed that a good deal of the vegetation at the lower end of the creek in the backyard had disappeared . At around this time we contacted Ray Benjamin from the Dept of Public Works in the city. He was aware of the problem because the run off in the stream had started causing blockages and then flooding onto Elmira Road. This erosion has continued at an accelerated rate denuding our property. We put in a privatizing fence last fall in from the bank, but the erosion has now continued to such a state that the new fence is in danger of being washed away. In addition, the retaining wall at the upper end of the creek is beginning to be compromised with water rushing in behind it and eroding back behind it. Our very house is now at risk of having the foundation whisked away. Last spring I decided to follow this little creek to its source to see if I could see why all of a sudden after years of stability there should be such a shift. I remembered the big flooding several years back when Stone Quarry Road was washed out and closed for the winter and a good deal of the summer. I could see where work had been done channeling water into my little creek. I put a call in to Fred Noteboom, Road Supervisor of the Town of Ithaca, who informed me that yes, extensive work had been done diverting water into the creek that runs by my house to protect Stone Quarry Rode from being continually washed out. He said it was a major and continuing problem because of all the construction going on up on 96B . (Witness now a hotel and Tibetan Retreat Center and an even accelerated rate of destruction downstream. ) This past spring on the advice of the DEC I contacted the Tompkins County Soil and Water Conservation Agency. John Negley and Craig Schutt came out to take a look. Yes, they said. There is a big problem . The problem involves both the city and the town and needs to be addressed because of the impact it is having. They indicated that perhaps some grant money could be obtained from DEC and a project could be coordinated between city and town and DEC . I will be attending the next Town of Ithaca meeting on May 7 and hope this matter can be addressed. I invite Mr. Benjamin, Mr. Noteboom, Mr. Negley and Mr. Schutt to attend; also a representative from U-Haul . Copies of this letter are being sent to them all . Perhaps some dialogue and plan of action can be initiated. Most Sincerely, # gym Penelope Gerhart U c �� Q:� ' ATTEST ITHACA TOWN CLERK May 7 , 2007 Town Board Meeting AVEN ]D.A # 20 ATTACHMENT # 4 PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM : MICHAEL SMITH , ENVIRONMENTAL PLANNER DATE : APRIL 26, 2007 RE : GATEWAY TRAIL PROJECT As a brief reminder, the proposed Gateway Trail is a multiuse trail that would provide a bicycle and pedestrian connection between the existing South Hill Recreation Way, Buttermilk Falls State Park, and the City of Ithaca parklands . The proposed trail covers approximately 2 miles with approximately 90% of the trail alignment following the abandoned railroad right-of-way. The project has a total cost estimate of approximately $ 544,000. 00, including the design, right-of-way acquisition, and the construction phases. As you know, the Town has been waiting for grant material from the NYS Department of Transportation regarding this Gateway Trail project . We recently received official copies of the "Standard Federal -Aid Highway and Marchiselli -Aid Local Project Agreement" for the design portion of the project . The design portion totals $ 84,000 . 00, with the Town share being $ 16 , 800 . 00 (20%) . It appears the right-of-way and construction phases of the project will come under separate agreements once the design phase is complete. As part of this agreement for the design, a resolution needs to be included from the local municipality authorizing the project and the funding of it. As in other similar projects, the Town needs to have the entire $ 84 , 000 available for this phase, and then the Town will submit requests to NYSDOT for the reimbursement of charges . Attached is a draft resolution for the Board ' s consideration, which is based on the sample resolution provided by NYSDOT, along with a copy of a map showing the proposed route for the trail and selected pages from the Agreement. An account number will need to be added to the resolution at the May 7 1 meeting. While money has been budgeted in the 2007 budget, it may be appropriate at this time to create a new capital project for the entire Gateway Trail project. Al Carvill can discuss the budget process with the Board at the meeting. If a capital project were established, the number for the design phase could be "H8 -7110 . 201 " . Please contact me at 273 - 1747 or email me at msmith@town . ithaca. ny.us if you have any questions prior to the meeting. 0 0 N N c0 a Q C � O O CZ Ll � U N � (Q V it O O LLO r X896 alno& S� c1Ue0 S AMP O Q a Ajaenp auojS to V ca t O tA �t oz o ^ ca .L� a IL O O ob CL cc o 3: m ZQ . Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN: PHASE: PER SCHEDULES A STANDARD Federal -Aid Highway and Marchiselli -Aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between : ti%�jeyv fork St�`te Department of Transportation ("NYSDOT") , having its principal office at 50 Wolf I - r Road ' Albany, NY 12232, on behalf of New York State ("State") ; .. 4 2007 . A � �-" j I . . _ PR and I - - - - i - ; - the Town of Ithaca (the "Municipality/Sponsor') . r � acting by and through Supervisor "-- - _ with its office at 295 N. Tioga Street Ithaca, New York 14850, This Agreement covers eligible costs incurred after 2/27/2007 . This Agreement identifies the party responsible for administration , and establishes the method or provision for funding of applicable phases of a Federal-aid project for the improvement of a street or highway not on the State highway system , as such project and phases are more fully described by f hedule A annexed to this Agreement or one or more Supplemental Schedule (s ) A to this greement as duly executed and approved by the parties hereto . The phases that are potentially e subject of this Agreement, as further enumerated below, are : Preliminary Engineering ("PE") and ght-of-Way Incidental ("ROW Incidentals' ') work; Right-of-Way Acquisition ; Construction; and/or onstruction Supervision and Inspection . The Federal-aid project shall be identified for the purposes of this Agreement as Ithaca Gateway Trail (as more specifically described in such Schedule A . the "Project") . W ITNESSETH : WHEREAS , the United States has provided for the apportionment of Federal-aid funds to the State for the purpose of carrying out Federal-aid highway projects pursuant to the appropriate sections of Title 23 U .S . Code as administered by the Federal Highway Administration ("FHWA") ; and WHEREAS , the New York State Highway Law authorizes the Commissioner of Transportation ( hereinafter referred to as "Commissioner") to use Federal aid available under the Federal-aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal-aid highway program which is not on the State highway system before such Project is commenced ; and WHEREAS , pursuant to Highway Law § 10 (34-a ) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991 , the State established the "Marchiselli" Program , that provides State aid for Federal aid highway projects not on the State highway system ; and WHEREAS , pursuant to Chapters 329 , 330 and 331 of the Laws of New York of 1991 , Highway aw 180-b and Public Authorities Law §380 funding of the "State share" of projects under the Marchiselli ogram is provided from the proceeds of Local Highway and Bridge Service Contract Bonds issued y the New York State Thruway Authority (' Thruway Authority Bonds") ; and 1 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN: PHASE: PER SCHEDULES A WHEREAS , the continuing legislative authorization for the funding of eligible costs of Federal- aid Municipal/Sponsor streets and highway projects from the proceeds of Thruway Authority Bonds is pursuant to a chapter or chapters of the laws of New York State providing appropriations pursuant to Public Authorities Law §380 ( 1 ) ; and WHEREAS , projects eligible for Marchiselli aid are identified by the State Legislature in the "Comprehensive List" published in the annual Report of the Fiscal Committees on the Executive Budget (the "Green Book") , and the Project is duly included in the current Green Book; and WHEREAS , pursuant to authorizations therefore , NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal-aid and , if applicable, Marchiselli-aid Programs; and WHEREAS , The Legislative Body of the Municipality/Sponsor by Resolution No . adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the Supervisor of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required) . NOW, THEREFORE, the parties agree as follows : 1 . Documents Forming this Agreement. The Agreement consists of the following : ■ Agreement Form - this document titled "Standard Federal-Aid and Marchiselli-Aid Local Project Agreement ■Schedule "A" - Description of Project Phase, Funding and Deposit Requirements; ■Schedule "B" - Phases , Subphase/Tasks , and Allocation of Responsibility ■ Appendix "A" - New York State Required Contract . Provisions ■ Appendix "B'` - U .S . Government Required Clauses ■ Municipal/Sponsor Resolution (s ) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required therefore . ( Where New York City is the Municipality/Sponsor, such resolution is not required) . 2. General Description of Work and Responsibility for Administration and Performance . Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B ( attached ) , the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule (s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule (s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements . 2 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN : PHASE: PER SCHEDULES A e Municipality/Sponsor understands that funding is contingent upon the Municipality/ 1- pronsor' s compliance with the applicable requirements of the " Procedures for Locally Administered Federal Aid Projects " (available through NYSDOT ' s web site at: httr) : / /www.dot ,state . ny , us/ pubs /localproi/local . html ) , in particular the Appendices to Chapter 4 entitled Work Requirements , Record Keeping Guidelines and Consultant Selection Procedures, as such may be amended from time to time . 3 . Municipal/Sponsor Deposit . Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces , the full amount of the non-Federal share of the Project costs due in accordance with Schedule A . 4 . Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipal/Sponsor Deposit for the non-Federally-aided portion , and , if applicable , shall . request Thruway Authority funding of Marchiselli aid to the Municipality/Sponsor as described below . For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and , if applicable , Marchiselli aid as described below . 4. 1 Federal Aid . NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal-aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A . For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal-aid-eligible expenditures in accordance with NYSDOT policy and procedures . 4 . 1 . 1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U .S . Code , as amended , that requires Federal-aid eligible projects to be on the Federal-Aid Highway System ("FANS") , except for bridge and safety projects that. can be off the FAHS . Included among the Federal participating items are the actual cost of employee personal services , and leave and fringe benefit additives . Other participating costs include materials and supplies , equipment use charges or other Federal Participating costs directly identifiable with the eligible project . 4 . 1 .2 Periodic Reimbursement. Except where the Municipality/Sponsor proceeds or has proceeded without an agreement with NYSDOT, if the Municipality/Sponsor finds it desirable to have reimbursement made periodically, upon the request and certification therefore by the Municipality/Sponsor, NYSDOT may make Federal-aid progress payments based on either: a . billings submitted by the consultant; b . payment estimates prepared by NYSDOT's Engineer-in-Charge ; or c. billings prepared by the Municipality/Sponsor in accordance with NYSDOT requirements , based on costs incurred as disclosed by the records thereof, as required by the Project, with adjustments to be made after audit by NYSDOT or FHWA . MARL 3 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN: PHASE: PER SCHEDULES A 4 .2 Marchiselli Aid (if applicable) . NYSDOT will request Thruway Authority reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non- overmatched non-Federal share of Federal participating cost, (the "State share") , incurred in connection with the work covered by this Agreement, subject to the limitations set .forth on Schedule A . Not all Federal-aid-eligible participating costs. are eligible for Marchiselli aid . Only "Eligible Project Costs" ( as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April It 1991 are reimbursable . 4 .2 . 1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid , Project costs must : ( a) be eligible for Federal participation as described under §4 . 1 ; ( b ) be for work which , when completed , has a certifiable service life of at least 10 years ; and (c ) be for a work type that relates directly and exclusively to a municipally- owned highway, bridge or highway-railroad crossing off the State Highway System . 4 .2 .2 Periodic Reimbursement. Except where the Municipality proceeds or has proceeded without a Marchiselli Agreement with NYSDOT, if the Municipality finds it desirable to have reimbursement made periodically, upon . the request and certification therefore by the Municipality, NYSDOT may submit a request to the Thruway Authority to make progress payments based on the amount of Federal-aid participating expenditures made to date by the New York State Comptroller. For work performed by or through the Municipality, NYSDOT will reimburse eligible Marchiselli expenditures in accordance with Marchiselli program policy and claims procedures , with adjustments to be made after audit by NYSDOT or FHWA . 4 .3 In no event shall this Agreement create any obligation to the Municipality/Sponsor for funding or reimbursement of any amount in excess of : ( a ) the amount stated in Schedule A for the Federal Share; or ( b) the amount stated in Schedule A as the State ( Marchiselli) . share or the amount stated in the Comprehensive List, whichever is lower. 4.4 All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State and the FHWA . 4.5 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To effect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4 . 1 and 4 .2 may be reduced by NYSDOT by the amounts thereof in excess of the Municipal/Sponsor Deposit available for such payment to NYSDOT. 5 , Supplemental Agreements and Supplemental Schedule (s) A . Supplemental. Agreements or may be entered by the parties , and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A or Eligible Project Costs in the Comprehensive List are increased by the legislature , no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs . 4 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN: PHASE: PER SCHEDULES A State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Inicipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7 . Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement , the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT . The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to ' satisfy such refund . 8 . Municipal/Sponsor Liability. 8 . 1 If the Municipality/Sponsor performs work under this Agreement with its own forces , it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees , contractors, subcontractors or others in connection therewith . The Municipality/Sponsor specifically agrees that its agents or employees shall possess the experience , knowledge and character necessary to qualify them individually for the particular duties they perform . 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits , actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers , agents, servants, employees , contractors , subcontractors or others under this Agreement. Negligent performance of service, within the meaning of this section , shall include , in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. 9 . Maintenance . Except as otherwise provided for a NYSDOT administered project during its construction phase only, the Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun . Upon its completion , the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT and , during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation of the Project without the prior written approval of NYSDOT . The Municipality/Sponsor will not dispose of the Project during its useful life without the prior approval of NYSDOT . In the event of such approved disposition , the Municipality/Sponsor shall either cause the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement, or shall reimburse NYSDOT for the pro-rata share of the grant over the remaining useful life of the Project . 5 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca , PROJECT ID NUMBER: 3754.52 BIN : PHASE: PER SCHEDULES A 10 . Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim , demand or application to or for any right or privilege applicable to an officer or employee of the State , including , but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security or Retirement membership or credit . 11 . Contract Executory; Required Federal Authorization . It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof . No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government . 12 . Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign , transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein , or its power to execute such Agreement to any person , company or corporation without previous consent in writing of the Commissioner. 13 . Term of Agreement. As to the Project and phase (s) described in the Schedule A executed herewith, the term of this Agreement shall begin on the date of this Agreement as first above written . This Agreement takes effect as to the Project and phases (s) established in any duly executed and approved Supplemental Schedule (s ) A. as of the date of such Supplemental Schedule (s ) A . This Agreement shall remain in effect so long as Federal-aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities . However, if such authorizations or availabilities lapse and are not renewed , continued or reenacted , as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities . Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted . 14 . NYSDOT Obligations . NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees , for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees , to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement . 15 . Required Clauses. Attached hereto and made a part of this Agreement as if set forth fully herein is Appendix A , Standard Clauses For NYS Contracts. 6 Standard Federal Aid Highway and Marchiselli Aid Local Project Agreement (8/06) MUNICIPALITY/SPONSOR: Town of Ithaca PROJECT ID NUMBER: 3754.52 BIN: PHASE: PER SCHEDULES A WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized Ifficials as of the date first above written . MUNICIPALITY/SPONSOR : MUNICIPALITY/SPONSOR ATTORNEY : By: By: Print Name: Print Name : Title : STATE OF NEW YORK ) ) ss . : COUNTY OF ) On this day of 20_ before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at that he/she is the of the Municipal /Sponsor Corporation described in and which executed the above instrument; ( except New York City) that it was executed by order of the of said Municipal /Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached .and made a part ereof; and that he signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL BY: For Commissioner of Transportation Agency Certification : In addition to the acceptance of this contract I also certify that original copies of this signature By : page will be attached to all other exact copies of this Assistant Attorney General contract. Date : COMPTROLLER'S APPROVAL: By: For the New York State Comptroller Pursuant to State Finance Law § 112 7 Mel • 1 • . _ 1 11I two of as jr a PIT , • . • ■ ■ ♦ • • mail• • mine 11EXAMBIR119MM1111111 State Fiscal Year(s) FA Current SFY e o o - • • e s o o - o _ e e • . - a . • - r ■ 1 e a a . 00 a 11 1 11 11 • e e e', LISIUAL DEPOSIT FEERAL• • LOCAL • • UNT • • Federal Total Cost ing Percentage Funding s Match (Required ent and Program Lt ° t ttP r♦::,. . ♦ icy s S -yzs: '�Y S r�'S * f ■©Q,-®. + h r xs r �t ,C W . It Syr ift S> y+,�lU N' a�fi•"d�yii7• aY 'r Y �r.-e8�� x . s ., , . . h �Jy2 01.� t"` "` iit ..zi S ._ ' AV 1' ?. C tD 3��-, 'Q All a7i ltiv t 'y ls 1 t l It LrYi e3 9 - ^x*5. } :1. { Y , 1faF 7, Y 1 v ). .i3 tC .af �39 ,M1�'y£ {r+.. ( J . 11 4 { 0 I�3S ri. s�•. r . h {i rt Rf'R ''7 A' .� � r i J ti v ° zi a ®_ 1 r llv..TO,tir T3 •;'11 F1 f a..t.1 x' .} `f g @ y �{� Q 4 - + A �• ^st�f °?y i-t 5. n� 9R �>� Y 're an :rr ?}$ K ( r r' w vxY °" ,TvsJ ha ( j �k� Sr .jFs 'i. Z"k�� '' r Tf. . t1� QTY ? } J� -.V•f �¢ l Q x.«*5; ` }�'in4s:`.� �J�AY ��d � •`�a d s A r td .,s`� I A+T Kc� `T{'.��.�,r7�rax B�< Lr �.h. z . v .!' :r1 r ,c � . ,... z# � L 5:::. __ w . tKY F $� � }� : Cr•i ♦ mot-.�iX ^G.-. r�,1i�i'S�-4� c. ...Ti:.: ..f_;. .�•.. .'?r.>��.: . f r _ __ *h,st�sTn 3•k`�`iY - 's _& ...r T .. F C . ' �u S Y""� �4?,.ar 'Y`.✓ri y £ ' �' l f A.y° _/4 _.+ f .}hS�ri{.�. L ? FL'i } A f `z.d'E, +�Ji Y' Y . 1 F` ryt ``,. S . a . 5::. :-xy�s y W 1. •aei 'S 7 :! 'S !t t',` } !'.SLa. Y _ Yyn� F�"-�+ 1 reE! ..Xxrs S. }'e1- Y' •N8E Q� r 3 f r1 P, ` .. `.i, tY �� idea s.F"} ' y.. t..•;Q > .`'w ` L � '•Y Y "P .. ac a r ^t` d � " J r{: J f Y •D t _ Y . :� ' jam, ���5 '1 � i - r "E,{d. r:xtr .a��.y-:`a {�_xx:� r:. �•a': K� '6 5. .:_.^,i;� �_:it _z•`3J-s'—. .. .. . Page 2 of 3 ched A (7106) NYSDOT/Local Agreement — Schedule A 4 y h t F u Y t O h r ncludin Non =allocated ' �MARCHISELLI) t Partc � patrng nCosts aFORALL mart' Of t @ Y ( 5 9 w, E i <*vK'�tt � � a� >. �� � '?`�.a S Y { T:� i,.�,lF " � �_': ` • • "` ' " enf.' Ifewsin ;costs for an ewstrng PIN{Fiscal Share, show the old; S h F or each=PIN Fiscal Share; show current tcostsAon the rows md�cated as urr gz s : 's r > s 's'1a. ..+ �sts,f he prevrous�Scfiedule A on the row rridicated as °Old " To com ute Tofal Current Costs rn last row, ht - &,c ck rn-.each field and select "Update Field .� Other `Current' SIN Fiscal or Old Funding Source TOTAL Other FEDERAL Other STATE Other LOCAL Shares entry indicator Current Demonstration $849000.00 $67 ,200.00 $0.00 $ 169800 1754 .52. 121 • • Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ o . $84,000.00 $67,200.00 $ 0.00 $ 16,800. 00 t � �.�'-���TOT�1l �CURRENT�COSTS� � �y Y r-. : . -ca4a an as ' � xsxs c , r' , °" ? usT '- = SaS' `_{-z '. s`r`F?' •a s � ` $ C To UM-dal Depos !t(S) Require°d forp�Statei,{Adrn �mstered�PIr�o�ects = f NEI -Ek s tC hi,.'$ f arh,�y'is'+ 'zrx ' ty ti;j±s b fix. W ¢i - x"'k s Y' '. e3f Y 'st _ t ♦ i x` ty e a -� j - ri %'� j. 3 -< 4 Vii . T' r"� $ 1s h s. §' .. 2 :?� ., ,:E,s3st#- isi y - ? •s: e'C>1 fi Id°and>sele"ct U date Field s�� . ; r r t , N, s -: : < ; t GOStS To>com uteTotafCosts rnthe last;column, nght cbck m;the.e r , P _ R k � h s ,, k , D Total �Pro ec � P - r� arr � r � 4 : . �. _ V.. 0.1 .}e5`f C-3. —rYx �• • Ndn Total FEDERAL Total STATE Total Other Total LOCAL 'Total Costs Cost MARCHISELLI STATE Cost Cost (all sources) Cost $67,200.00 $0.00 $0.00 $ 16 ,800 $84,000 .00 ,�`�-, E . L�Po>into'of�Contact�for«Questions�Regard� ng� this� � Name : P � eter Bartolotta 4 x� � s�� Phone No : 315-428-4647 ��� hedule=Arv(�Vlust becompletetd3)� �r��� t���. �. .�,.. )ee A ment (or Supplemental Agreement Cover) for required contract signatures. ached A (7i06) . Page 3 of 3 NYSDOT/Local Agreement — Schedule A Footnotes : (See CADB Website for link to sample footnotes) I ! SCHEDULE B Z O = ° o o X X X X X X +L. C 0 O cn ~ U Q a) y O p C c0 U z X N z L L cc 0) W p a) N -p 0 C: 4- W U C L C cn C ,C mo a) W CU _ cn a3 L O o 'O a) cu U (0 �: cYi� C (n c0 C .� U C_ C to c�0 O p CU 0 N U V O cn CD O U P 75 U L d mo a) (CD C .0 (6 C. 4.C o c W c0 C Q .2 M a) C = =3 0 .0 Q) O N M N ; Q m E � � � L cc C_ C C a) . C g N cu - O) a) = cQ L) N '� .N CO E U rn O cn U a) > C/) U C w U d a) a V O C 0 30 a) L c a) L C: cn '--� Ca "C C C = a) :3 in O d Ill C j O in a) ' 'O r L (n CL C O o c cn Q E CL r°� ^N3` 0 � t° L ++ L- V Q O> C C_ U - .W — U C .O O a) ca c O Q a3 L) o c -- c ° _ p C) -p c N C _ c Il O v C «r a) c 0 >+ ca ca O c o m v � ° 0 M C � ° L. a ' � cu (D CU � � mocucu U N cn C co ro W N � � ► - C_ � � N C_ a. O7 C C_ C/) O C O N C a) C fB U t� Cl) O a) L •- y. Q � a) E •1--, .Q CL w o _ y MN L) � � -ac � 5R 33 �C m c p C -v c- (D L m c L a) '+ (a U O O O1 0) .LM •C O to p .0 U L c M L a) U L - Co Q a) p C C a) cn v U "' L C F� mom n � N � '5a) ca = E c E :3m o c ca N a� o Q rn c C Q C N p Cc O N •�- N U ~ E N g) :tt C cB g) � O Rf a J U //� Q L yL cn OL If O up �M &. p U L. �J C) li Cr Lo ° -L cn o V J O a) . a) a)Lo �. _ � o M LIJ ca m > -° a°i o � Z Q a? � cam' U) -� U) o ° m y E d ca c cu 0 ca m a) Ca a) Q Q C N rn m U C ° co Q C1 N � �+ L o o m C_ ° �° c (� C O ca O O C ` -- >1 m ca C r + .p O) L C y O U ' C -O a) c -0 C L a) O Q) ° X o d v E o a. to cc a) �_ o ° L E c -o c -O .0 ca J G C = U cn ca U) N D > O C O_ co .� c6 'O N N C �' > >' n. C- M. M ° " Q . . t4 _ (0 O to O OL 0 L a) : Q M N co C O cn W Co U m a) E U cn Q O co LU wcC � E � m C) U) -0 o �a '� cn cn c J � ° tea) vc � ° cv ❑ E = oo ca cv � .� Ea) � � Ica ca E a C � �; c E L- L o � 0 .� cC OC ' EL a) c: ca ° ° c ° c O W c O J L O `C O - to > ca . . `C ca c0 a) `t m CL.� Lm (n .. cn D ° o m ca CL zcn Q cco cn ❑ C_ c E o0 O U C N X X X X X X X X C U O _O y F- Q D 0 Z L O p p O CL T N c6 .0 C O a) cn E cn OU O a) E a) LO to Q Q' O) C N C a) o 0 -0 C ca O w2 a) 'a a) 0 a) W -O N m j E c '_ t ' ' r- C E b o O O U *� O m U C L U C m td O d a) cu m mo c0 L . >+ V CO cu O U U � U Uoca CD o cLa 02 max m U O i Lf O Q a) Q U U U.p Y U 0. i O N yam-+ ]+ N (n C6 70 c w a) C C cu 0 'a C N a) C 0 '2 U_ cu C L CU 01 .L CO (Cp Uj 3 Q 0 = O D M L. N Q L a) Uc cn mo a) m y L � O U ~ C a) .� _ E C U cc Q U . a +� O 0) p � a) p N Z o ( 0 0 L -- C U U W O �, 'L' O :0 C 3 � -o C O.. cn (n � uj Z N Q 3 ai -0 a o c CD � � a > C Q �_ o — 0) w L o E Q CO .0 ca O U -0 cn C Q O N �- p O a) U O cn "-' -v a.. 0) r-• w U.j U C "N' O U +� C O a) 'C O O O U p U 0 N U C U U Q a) N _ 0 W p C C O � O p C cn a mo N Q O N (!1 " E o -U via m 0) = Co co mo cn N C L ` (� N 0 O U U a) C E O c o p N O 0 0 C CD O m -o co = Q. t n 3 cn $ CL 0 O U mo cn OL O �' > 0 C N O cu a) a) CL a) L `5 O cu cn 0 f6 p Q . 01 a) C .� p O D Q L C a) cn s a) O fB a) (B cu "o c0 Y N 0) 3 cUa : ccn o co L. 3 a) 3 aa)) in' Z 0 � cn 0 � co cL E a cn ° w m O U C C N •C _. Co r.+ O L L ca C o� 0) "o ca O .N� N U �, — L O . . L y C a) . C p C C : U r-� 0 U E- N- C O 0) a) U O p C y= O 4-- L OU CL Y E a a co + C "p a) N C C a) 0 CC U � L ESC a� � .� � � EOm � m O O O O O '- L a) a) C o 0 a) E E U 0 O °- "O �O o f C cr X U a) — O p a) w U L .� a). a) cu L a L. O � E Lm. � ca C � co y � N a) Co a1 a) co C Q C � O Q a 0 = cl Q _C C > 0 C C L O C C C Q O Q a) mo ' ca O N n a Q m E > j O O. U EO L O O C m U O a) O a) � a (6 U O U N � 'C 'C c6 a O E O -0 r- c N � � d o cn m � O c 07 a) r ca r cv r r , r r O 'o n O C -0 � O 'fin o C U O 0. O Q cc U Z 0 O 3 co C t J Q a — �, cu N = D N 4) r+ L N cn L N 3 C c O O p W ca cn CL .4 L E C .0 O O Q c CCC m E L a E (u O1 W L d .N C: 7 rte-+ C co O W 0 0 n c cn �_ L N "O L Q W C ° 7+ Q d = Q C M W c ° a) N 0 CL U) � .�'� U •� C N N � O "� cr O d -O Q CL t :3 cD y � is n CL N O N i E ° C cn H cnv D ° c zt NO coc W � aNi ~ O � �' o Cf) O ❑ Z Q cu U) co 5. N L L = Z' z >+ E a town a) ca C O cm O C Q cn °, E � � o 0 > mm0 M (D Q U (6 C O U ❑ E U C L (o L C N O N C >+ N N U 0. C a) O II co co AMA O cu L N � a) A L V .0 .0 A � C- Q m 0 .E N C `r N A 'C d -0 CL co O d 3 co v c CD c .` E � a (no -p O s ,^ m Q 3 o c6 `t ° cm c a� x car o (n �, c6 N oE � O � .N ca . o 5 ° a) E � a0 Q ° a� O Q >. Q vi G m. 0) Q .0 Q Q c cn 'a y- � = s o c c a rn � CL X. 0 � .� E . L CAE a) rn .Q E m m o c O U) r N co- d' LO .� to m O 2i O 'Fn A O N U U O O y F- a)Q U) z ( ) w cn a a) . _ 4) (a U N 'C: Q � -p O •N U) p ci) = wo G MENEM ca CD 0 R p a) � C a) N L Q `+- 0 i+ O C a) O O C Q Q Y O C a) a) m O a r.+ .� — O C E t4 �' _ y . U) to 5 = O Q CD (a m +-'MENEM 0- M a) Mora 2 cn ca. (a o V Q >O N olmom v CL (J) O N BOUND L. samom d 0 •� L > RUMOR>cli 3 ca E U c 4) ° CD c d n- U ca O N U) = a) cc d i '� ca U a- c N a) r aO o C y; O o +c _ Q MoSda O CD SOUND(D 0 >> CL 'C cn U IC w 30 U) Q O U) O cn C U �; V a1 ° . at cn co V m Q aa)i O ° 0 c cCa >, a 0 W `� O c t L. L U c (a c ca cn CL _ 0 CL �- � � QQ " C � 'a> E pw °) . CM 0 - m Uoca = c cn c ca a) > m ca > c c � cn somms c' � a)E o ) c Co W a a) cn o a) DOURO NIXON � a) c 0) n 0 +�+ d OWNER mo d N cn Z' g a a aa)) c cr °� 2 c E •ca YOca 3 °i ca a) .9E � '� SURE a) c c a) ° cs c v�, ` `on 0 E ,� . m � o oo � � O O ovMENOW O v m y R CD Ca L wo ca N c d O CU rn N 0 O U M c C ca a1 J C MENEM Q ca c ti � ° c �a 'E (D L) 0 L.ONEED C: a) n V O E O •r ca o U C a) a) ca O Q Q to a O E O a j v +r Cl) ++ -� mo cu C:O (a ,C CL U U WOMEN U cr L. �. ° C � U J Q " 0 p ow =400 m 3 � oca cr 0 o .2 a? ° � ca � d � aci 0 ca '>, 0) 0 Z vi . _ is o � ,� 70 � v E Somme lima E C: r CD (D Co CD loom a o ° -a _ a) u°_i N Q0 o n a) p —_ > c C C > is .n c cn 'ZZ •� E .L' O R O p O O 'ca p •'' C 0. 0 N � C U a cu U y y = N m ca z m N a ri n U. ca co O t�: 3 m c Q. :tf v C .Q j O 6 C Ca O U O N O Q � Q } Z O -p _ UO . C p (DOE cu N C to +� L L co C U U O U U U O a) ° O C C N U a) _ L O a . Q (O C ' ' •C_ �L C % ° O> U i C° O a) m� OL. Aft 0 c6 0 c0 O- O cu Mn U 0 cn L (O U L > c9 C _ C C U to " '0 '0 ° +- a) .fl cr a) c :3 a) Q C ca CU ° L C c0 .L C . ca CO E .O OL fl- a) C ° O U m O' "oIl d ca (B Q O -C p a) (D 0 L.CL N a) >, L Q1 L Q O O O /t L O c a) C . �,,, cn C cn Y. V O V . 0 V , a) 0 V O N U L 3 U E 3 .Q 0- Lp _ O U N U — a) "O 'O N U O L = > L V� (n (� •L Q) •� O UI U) aa)i 0 c a) *> `c wo U > 'a) C (n E U QN U ca —CL a) LO a) U 0 cu OL L a) '� c"-0 O O-OL co ca.i L L .�-� O (l� -p C - E C U a ca N . O a) O 3 N `' C " C ca H (n O a� Q U) U U (n a) o cB . (n a) v O c "� W O aci N e `o c -0 o -`"0 H o ac) cn ° -"Lo °" � Q V E _ ° vc � 0 � E � cc cv ' a) L N — -C c ) Z ._ a) 2 C U c c ' c > 0 v) •° a) a) Q ` ' 0 4-- a) r. n- a aci ° n ° � 'c � E ° cipu0i � c > � c. U cu O co .N cl � L C �, O N U co 0 L c S -v a) a) E n zma a) o c Ca a) 0 .� E cu Q Q U �. a) 2 > ° -6 N a 3 mo X CL � 0) -c p . � 2 c m E L. L. Cn H `o � 0 E vo a o .E � E � cs00 U � E _ =0 mac ' 3 (n 0 car ° o � � o O 0 Q C � °� E tea) Z Q cLo0 c O o v � � caacca) a) cc cu U cc E � � � ° � c 00 IIIdII cn 3 '0 �. 0 ca_ 0 in *r _IIIIIII . y a) c U Co cu O c c = 3 L) ca _Cl 0 a) O N U Cf) I. > o O Q O L O j c 0 U 1. a) c O c0 O _ L O c cn O U 1. O ° v U O 0 3 N a) ) Z -O O a) � V U C C L O C U U C + � C c0 in cu c6 ca O Q L E o L = C a) C 0 co U Z O O L (n �' a) a) U a) L C D Z 0 E U C cn o � lw c v E CL > c o ci ("Jn ti c 'C .c -o (n E 0 O O a) o a) O 0 •> a) n 0 ( ) c a) U V Q Ua) X U UQ � a) Qd m � 0co0 Q a) Lj �i co 41:1- cri co 0 m E 1`44N.. � ti U � E ca co -0 w co C O Q _ Vi F- Q 0 U) } Z C fa (6 � Q •� U O CCo E O Q 4C: E O U U O w+ C �+ Y (9 (a O N 3 U U C U a) L O 4� 3 co to C C O O Q. Z 6 U Q m co cc LU -Op " C N TQ O L C Ca .O CL S.1 L .. . CL O C mo C m -p O O q" cu (4 .Ln O U) N U � = Q C L. Q O O O cn CL _ N O a C .O U d O Q) f0 G O CY) «o N N U ca 00 � 0) U ::+ C }, Q U C 3 U E =3 -v fa cu O O (n U O L Q O O U -P U .O O C - -tn --- — O L N ca O O E O O O C Q N O Q U C WO co t0 co j (0 ) C >_ C O O O U co N a) 4- O O T T U) n May 79 2007 Town Board Meeting ATTACHMENT # 5 a� rn m >X rn c U') a > O U 00 0$ LL C O a I- ` U x � > cfl O O N O Q O O E E. 1� N f0 r' L U U) a x _ N e L 0 0 0 0 O V 3 C 0 0 0 O 4) +� L C CD CX O 0 C N f0 N (00 qq N _N ,U (7 O N O m �O W r N N N U O Z U O MU)- 64 F� 6c� 3 v y O c N m zt ` U O O N N U O O U C p to Ci 00 O L N C N CU j N 0 O O O U O O O N N a C O r 00 1� ` L M O r N N N N Y I� U b9 lfT f EA >%N N O A O C) O 3 N O O O OO O O 0 N o 0000 ,2 N O N O CD N rt 3 O 69 En C cm cn p� C @ �T O N Oi cp (n •E �C (O C U O O 1� O OD's 4) N (LO N CD. U � E a) I Q- a c� to 64 c c N of U O N C Oo 0 0 0 00 0 0 0 U) 0 0 �- 0 0 N 0 0 0 0 0 C U A N CO CO O O O O C �' U E � (0 O O m y + 0 Q N N P� N M U U Q E 06 CL V3 cu CL +� O O O O Y a °6 c O O O O d O U N >% CO CO CO N U U Q . , OYYO O 00 C O O O O U C_ 3 C O O CO co 0) U C >% O O O � � O cu r O q Op c4 r O Nj Uco a6pj. crime c6 c N °� o00o a O rnY o 0 00 0 O N U C (n U 0 CD L C N >% f0 O N LO M CL (a) p A cu C rn N CO V - 3, 4) ' Y 2 m O mj '= r° u) E w Q sU CO m U c , m = a aai U U _ 7 CL U) U vii o E a) U G1 0 ATTACHMENT # 6 w May 7 , 2007 Town Board Meeting enda # 1 Q TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JON KANTER, DIRECTOR OF PLANNING , ¢� DATE : MAY 15 2007 UUUU RE : AMENDMENT OF ITHACARE/LONGIEW SPECIAL LAND USE DISTRICT (PDZ) — PUBLIC HEARING Enclosed please find materials relating to the draft local law amending the Ithacare/Longview Special Land Use District No . 7 (now referred to as Planned Development Zone — PDZ No . 7) , in conjunction with the proposed 24, 700 +/- square foot addition with +/- 32 living units at the Longview facility at 1 Bella Vista Drive off of Danby Road. The public hearing for this matter is scheduled for the May 7 , 2007 Town Board meeting at 6 :45 p .m. The addition would primarily consist of a one-story building with a two and three-story addition to connect the new facility with the existing building (refer to Longview Project Narrative) . There would also be modifications to the existing building. The addition would be designed as a skilled nursing facility. Until it receives the required licensing from New York State, it would operate as an expansion of the existing adult care facility at Longview . The Planning Board granted preliminary site plan approval for the proposed addition at the March 20, 2007 meeting. At that meeting, the Planning Board also issued an affirmative recommendation to the Town Board regarding the draft local law amending PDZ No . 7 (refer to the enclosed PB Resolution No . 2007-030) . The Planning Board acted as Lead Agency to coordinate the environmental review on these Type I actions, pursuant to SEQR, and issued a Negative Declaration of Environmental Significance (Neg. Dec. - see enclosed) . The Neg. Dec. was done on behalf of all Involved Agencies, and covers the Town Board ' s action on the PDZ amendments . Summaries of the. environmental issues can be found in the Neg. Dec. , and include drainage flow or patterns, aesthetic resources, historic or archeological resources, open space or recreational resources, transportation systems, noise, and character of the existing community. Several representative sheets from the preliminary site plan submission are also included for the Town Board ' s reference. A draft- Local Law regarding the amendment of the PDZ is included in the Board mail-out. Section 1 amends the law to permit the 32 additional living units proposed in the addition for a new total up to 193 units, alternatively as a skilled nursing facility and/or an Adult Care Facility, and revises the definition of living accommodations . Section 2 amends the law relating to permitted building height to accommodate the proposed addition. Section 3 modifies the y i provisions relating to occupants qualified to live in the facility. Section 4 includes updates to conform the law with the updated Town of Ithaca Code format, numbering and terminology. Also enclosed for the Board ' s information is a letter from the Tompkins County Planning Department (January 11 , 2007) indicating that they are generally supportive of the project, and that it is supportive of the County Comprehensive Plan policy regarding the provision of housing for seniors . Please feel free to call if you have any questions . Enc. cc : Mark Macera, Executive Director, Longview David A. Schlosser, AIA , Schopfer Architects LLP 2 ' . Schlosser, AIA Da . Rebhahn , AIA R J . Seigart , AIA ---,. ,— --�.. _ _ _- -- -_--- ._ - - FEB 16 W LONGVIEW PROJECT NARRATIVE ( Updated 02108/07 ) -- - --- ___.__ .... ----- I A. Background Longview is an existing senior living community situated on a 28+ acre parcel near Ithaca College on Route 96B . Longview' s senior programs currently consist of: - 101 independent efficiency , one- and two-bed apartments - 60 unit licensed adult care facility - 8-slot licensed Social Adult Day Community - Related services include : dining ( 3 meals/day) , on-site/off-site activity programs , housekeeping , full-time personal care staff, and limited nursing staff. Longview is accessed from Route 96B via a single curb-cut located in the northeast corner of the site . Taking advantage of a substantial site elevation variation (approx. 75' drop from southeast to northwest) , Longview's facility is construction on 4 levels : Area Finished Floor Elevation Building Area SF • Basement 930 . 6' 8 , 700 SF • Lower Level 940 . 8' 36 , 000 SF • First Floor ( Main Entry Level ) 951 . 0' 57 , 000 SF • Second Floor 9612 28 , 000 SF • Second Floor Roof Eave 970 . 2 N/A • Second Floor Roof Peak 980 , 2 N/A Hi hest Roof Elevation Total On-site parking is provided for 112 cars , plus a drop-off lane for 6 vehicles (including 11 handicapped spaces ) . Be Proposed Addition ( Refer to Preliminary Plan Review Drawings , dated 10/ 16/06 , 11 /22/06 , & 02/08/07 prepared by Schopfer Architects ) . Currently,_Longview provides senior-.population li_v_ ng opportunities pro-v_ided for both the fully independent and those with limited physical and health restrictions . Once their needs increase and require 24-hour nursing service , they must transfer off campus to a facility providing a higher level of care . Longview' s residents have continually asked for an expanded level of service , allowing them to age in place and remain on the Longview Campus near friends and spouses . 1111 James Street / Syracuse , NY 13203 / 315 - 474 - 6501 / Fax 315 - 474 - 1922 ' f To provide this expanded continuum of care , Longview is proposing a 24 , 700 SF addition providing 32 additional living units . The addition will be designed to New York State Department of Health code requirements for a Skilled Nursing Facility ( SNF ) . Until licensing as an SNF is secured , it will operate as a Special Care Facility with possible licensing as an Assisted Living Residence (ALR ) . In that the addition will serve a "skilled" senior population with increasing physical and health issues , it will be designed as a freestanding , independent wing with its own main entry and a back door connection to the existing facility providing a link to common services (dietary , housekeeping , social , administrative , and mechanical ) . The addition ' s location on-site was selected for the following reasons : 1 . Ease of connection and access to the existing building 's central common areas without requiring encroachment into or circulation through any -existing residential neighborhood . 2 . Ability to physically and visually isolate its main public entry from that of the existing independent living facility. 3 . Visual isolation from Route 96B with no encroachment or impact on any existing scenic view available along Route 96B or from New York State's adjacent scenic overlook . C . Traffic 1 . On-site vehicle circulation . • Access to and from Route 96B will remain unchanged . • A secondary curb cut from Bella Vista Drive (approximately 180 LF from the Route 96B curb cut) provides visitor access to the new addition . NYSDOT has approved the curb cut in their 01 /24/07 SEQR comments with a recommendation to increase the driveway radius to 25' . This has been incorporated in Site Plan C1 . 1 , revised 02/08/07 . • Trash and deliveries to the addition will be through the existing building to the from the facilities south parking lot service entry. • A new cul-de-sac has been designed at the addition entry for emergency vehicles , visitors , and drop-off. 2 . On-site parking • There are currently 112 parking spaces on site and an additional 11 spaces proposed at the addition entry . ➢ A parking study (dated 11 /22/06 ) indicated that at peak hour of the day and week , the number of available ( unused ) parking spaces ranged from 20 to 39 spaces and that of the 161 existing dwelling units on site there were only 39 residents with cars . • The addition as a Special Needs Facility or as a future ALR or SNF will serve an aged population incapable of driving due to physical and or heath reasons . ___:As _such_the_addition _will_create parking needs for visitor and staff only , which will be more than provided for by the 20 - 39 unused existing spaces and the new 11 spaces at the additions front entry. r NEW STORMWATER Site Plan Keyed Notes: MANAGEMENT FACILITY SEE SHEET C2.2 iQ EXIST. SEWAGE EJECTOR TO IN ALL 0 N NEW VA IO PROVIDED SIZED TO ACCOMMODATE I Ex15t. AND NEW ADDRtON. INSTALL o NEW ELEVa1gN, ADJUST EXIST. PIPING AS RED D. Q EXIST. CONC. RETAINING WALL TO BE REMOVED. Q7 EXIST. STORAGE SHED 10 BE REMOVED. EXIST. BRUSH. ETC. TO BE E i' REWVOVED AS KO'O. FOR NEW STORMWATER Resident Outdoor Recreation Areas: J MANAGEMENT FACILRt JJJ{ (SUMMARY OF RELOCATED 8 EXPANDED SERVICES REPLACING i.NOSC EXISTING SERVICES � � Q I DISPLACED BY THE PROPOSED ADORION) 0:5 y ( ■ ® NEW COVERED ACFMTY & SPECIAL EVENTS PAVILION (50'.55) CONSTRUCTED IN SUMMER C "a OF 2006. / m RELOCATED PNSED PUNTERS BORDERING NEW EXTENDED WALKWAY. � ° NEW CHILD PUYSCAPE ON ELEVATED DECK (LOWER LEVEL ELEVATION ?40.8'). ��1i '' j U a = WALKWAY ALOITIONS (APPROX. 1100 LF) COMPLETING PEDESTRIAN LOOP AROUND COVPIE% O } r '- A INTERCONNECTING WITH THE EXISTING NATURE TRAILS. "" > Z ❑8 RELOCATED WILDFLOWER GARDEN J m Q� I I 1 I 11 ' I i I ii '`E%1ST. FENCE TO BE REMOVED r I 4' COMPACTED WEED BARRIER FABRIC 1 R O.C. STONE 2'-0' REMOVE EXIST. ASPHALT PAVEMENT EXCEPT HE FE CB k STORM I CON7, Pr[ EDGING- � PIPING SHOWN 5HD'MN OTHEPWIS( DACHEO I '•� /. \ F IN LI B (( I I epk s h = I- :T POLE UGMS SEE DWC. CIA (TYP,) - r C r NEW STONE I MOW STRIP � F I J r I P I EXIST. BRUSH, ETC, TO BE REWVOVED AS REO'D. FOR NEW GRADING - SEE CRADING PLANS FOR I EXTENT 1 Stone Mow Strip Detail � 3 aJS+ro- i I S cm n EXIST. ASPHALT WALKS TO BE EXACT GRAPHICS. COLOR, At '1 n IREMOVED WHERE DASHED i FONT AS DIRECTED BY OWNER\ X $ I II SPECIAL CARE EXIST. BRUSH„ ETC. TO BE RCWOVEO AS REO'D. N FACILITY 1p' PRIMED STRIPE a TV NEW GRADING - SEE GRADING PLANS FGA. SURROUND EXTENT I (2) FACED. V MOO J� 1 PAINTED PLYWOOD SIGN ' \- 3h R. n ` IO IN / I c IN I n F P.1. 4,d POST Z . 1 I a GRADE ine h: cD DAS AS by: JRB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � 10/16/06 AS NOTED �— SE? POST MIN. f BELOW GR1DE- C (l BACKFILL W/COMPACTED SANK RUN Revisions: �'f ICJ GRAVEL „,,,.,e.- the" ey: Qi 11 /22/06 RAC 2/8/07 JRB Frl � "I I=1 .. -1 I- I-I 47 n I I 1= I —III / EXISTING NATURE TRAIL } c ©NEW OUTDOOR RESIDENT ACT M TIES AS SHOWN (MATCH EMT.) EXTEND E . GRAVEL PATH- , — 6 EXISTING NATURE TRAIL \ ` — — — — — — 8 EW ASPHALT NALK 2jj ♦ EXIST. ASPHALT WyKS i0 6 — 1 / 6 RELOCATED RAISED REMOVED WHERE DASHED — PLANTERS ( \\— EXISTING POND / I BORDERING NEW RECREATION \ � / WALKWAY EYISTING NATURE lII ACCESS TRAIL LOCATION / EX61_ SUED i I rr Al \— NEW CONC. WALV If WOOi Ex/I /,Y� (XISY. M.H. k510P.M y . :� % / � / � / • i/ % � / / �� ' PIPING TO BE REMOVED sHI DASHED / ONC. re I 1 h' \ NEW CONE. WALK / EXIST. PARKING / STN fffry,f 3 �' ♦ EXIST. HYDRANT THa©NO C! �h/CH JFv, y 0T 1144 I I/ I I I I I ( I I W qN by " k mow STRIP NO OPp A710A REMOVE57. TREE \ MAP J 15, I EXIST. VOLE 6 PAR' 22 / UGNT (TYP.) .,. \ I NEW ACCESS DRIVE °A I \ NEW S mow s L \ as EXIST. U!L e s UTILITIES \ \ / NEW GROUND MOUNTED SIGN 'SPECIAL NEEDS FACILITY NEW CONC CUFB 1 - -SEE 2/ - - R 8. EA. SIDE OF ENTRY /p ` alp cuFe TO / _ see EXIST. SIGN � a \ \ N Logo �Q c, Ns. SCALE: �^ • so \ Site Plan N � r.eo•� o 40* :a ea roc Soo• 0 `Y} y PP ' s •E, 2" 1 .E....� r � ® A PL Ir IL ci '��tr ♦S e t i r u; xl' '^ !F• ,!� >r x .. +- t t.`T „S .n �� �Sapt'f,•y't�� S ✓ r t'r. a LL- Is 13 Y/a tk � ^P .lh �,� . , `" l K• {'(w' -r}• we .5"nm �" i �� ifij Y "' .. •^'"Y'; tt �3'E 4 y xr 2� .R' J.% •'tl Y� •'<z '>nF+ y�. p [. Y '3iv d}'e�z"z'T ^t' 7 + ti p •fir+ �. ro-s. . "' x'�''` 4.i.4 �� `., +e` k ?41' y ?•� o* t Sri -�5.� n1C Tlt K _yam t�.+"� _ � ,� (• c T3,,°�ri�Sw t` ��� .� �' ' 3'� r'�'T b - - - - -- � S � ✓ s sw t 1 .y., -.,,'� � M y r�l �� }b1, ,,; 5. ♦. 41 r ` n + ?L Ipllll I I �; �- II 11 I ., IIII IIIII� III UI��� �IIIIIIIIIIIIII IIIII�I��I III��� �I. sus `II III VIII III I zt. r LLLI { 1 #� Memo A i"0hF sy� t-� r 11111 VIII 4111IIIIIIIp111111H IGIIIIIumn I Keyed Notes: Site Plan General Notes: O ACCESSIBLE PARKING SPACE POST SIGN PER DETNL 2/C2.1. 1. ALL EXIST, TREES. BRUSH. ETC. ARE 10 BE REMOVED w AREAS OF NEW CONSTRUCTION. F 'NO PARKING SIGN 0 ACCESSIBLE AISLE PER DETAIL 9/C2.I, 2. SEE STORM SEWER LAYOUT PLAN SHEET CI ; FOR ALL STORM PIPING NID DETENTION REOUIREVENTS. ACCESSIBLE PARKING SYMBOL PER 1/C1.7 3. DIMENSIONS SHOWN TO NEW BUILDING ARE TO F.O. FOUNDATION (U.N.O.) Q ❑j NOT USED 1. CONTRNaOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS. INCLUDING PLUMBING PERMIT 0.^t 8 E� STORMWAIER PERMIT (FROM ONOND COUNTY PLUMBING CONTPOL). !J LIGHT POLE SEE DETAIL 3/C2.1. E © STRIPED ACCESS AISLE. E 1 f7 CURE RAMP SEE DETAIL C/C2. 1. • �1� � iy ,0 � 'L7 U O gr U > Z � m � m 3 : : YB ; Y a �' E a3s b • � � . : 8k Y 3 c � hr 1 _ k511 it I I ON N � C i � p Q v IOIO � I j r } I I I N Z. w w 3 IO Q � � V Q — K IIII ) I . Air, - r � N Dra.n q: CMcke ur. JRB GAS Dvt.: Uc ! 10/16/06 AS NOTED Revisions: Qi 2/8/07 JRB L 2L seen Tak: PARTIAL SITE PLAN REVISION 2/8107 •INCREASE DRtIEWAY CURVE 10 25'-0 RADIUS 043 °° No. 0355 IF I J MAIN DINING ROOM CONFERENCE ROOM j�77 ��• ® ti'1S ( ® APT 200A �LJi LL� APT 200 'Irl a B I IIII TOP LOWER .I 00! COI LEVEL BALCONY �I � I � o RAILINGS = (944.3') LU EAVE HEIGHT .'^. __ .r x *,,,-r`•, ._ x„s. ,,.f , ' . >"'-'Y ��,o`', aG.. --�s _ (936.0 EE I 0 NORTH ELEVATION 5• iv 217 l I EXISTING LONGVIEW ' MAIN ENTRY EXISTING FINISH r -•, GRADE 1 I ;i/�/ 1/�i yiail � } ; � ��'/< r� :�1 Q' / w0`�\� ✓��yw\\/ r 2c"'t,} '�°-'✓ ��� r r r i NYS SCENIC RT 96B OVERLOOK EXISTING PARKING (Elev. 985' ±) (Elev. 979' t) EXISTING LOT AND DRIVE EXISTING LONGVIEW GRADE (Elev. 950.51 (First Floor Elev. 951 .01) 0 ar av SITE CROSS SECTION A-A Am"6mmmul SLUD M7 MAX. BLDG. ELEVATION 607' + 381 .55T = 9B8.SST C6 HIGHEST ROOF PEAK (9802) ' SECOND FLOOR (9012) FIRST FLOOR (951.0r) LOWER LEVEL (940.8) wi o j _ J R • $ . . NEW FINISHED FLOOR (925.6) EXISTING NEW ADDITION (3) I NEW 30 BED (1) STORY LINK I STORY ADDITION 1.P ARTIAL BUILDING SECTION NO SCALE a E APi 202 / r APT 204 SECOND FLOOR (981.7) I ° 6I FIRST FLOOR (951.00 V . TOP OF ROOF ADDITION Bm Y ELEVATION = (814.11) LOVER LEVEL (940.81 .�- Tt++:z' •^^>�.zW° . +�+x �s "vl� ^y;:•i n c w + .�_-aa-s 5 ^ i 0 BASEMENT (9W,61) ui "' � FIN. FLOOR ADDITION ELEV. (925 � w � M ai � C � a Ya SLUD #7 MAX. BLDG. ELEVATION 6 r .557' = (988 C6 TOP OF EX. ROOF ELEV. (980.7) a ' TOP OF 3 STORY ADDITION (881.2') • I I � � I ' I I � ry TOP OF ROOF (ADDITION) ELEVATION = (944,11 � I 1 STORY ADDITION FINISH FLOOR ELEVATION is (925 5') r ea: , I I I I L PROPOSED ADDITION I I (FIN. FLOOR EIev. 925.5') EXISTING GRADE III lip � J Cr �. . �1 • � � I i I � o J P W TOP OF IX. ROOF ELEV. (9802) �� � � _ a h TOP OF 3 STORY ADDITION ELEV. (861.7) I �/ / C1 .8 JRe DA`- /\ 1 10/16/05 AS NOTED Revisions: Qj 11 /22/06 RAC v LL 2/e/07 JR9 - mayy' m _-� FIN. FLOOR ADDITION ELEV. (825.50) I � l/\ ) sn«t .m<: (` 1 VIEWSHED \ �l SECTION & ELEVATION STUDIES Shell he �, ' KEY PLAN NO ~ / NO SCALE �n V 1 V C/ r �< " 0355 W _ ZN� . HEADSTART RECAREA ON ' �/ / " / / � / / % � , /�/, / ,55 ' •x` - 9 � OUTDOOR /j . / / / / / . - STORAGE/COURTYARD /' .. / ACCESS DRYSET � /9 RETAINING \ ST WALL ST , / T LAWN AREA / / / 'S . r . (� OEM � ."I •,r. !`5 '% /DININGP,_r/'`-� 1 1 / -04' ^ W STAIR UPTO 1\ \ '�• �\, � ' u ' `j.l '� SECOND FLOOR 4 3 It I COLLEGE U`ti` O SPEECH OFFICE j n CLEAN SOILED DINING J 3 STOP * 1 �a,�= F:T " ,. j ✓Q.� 1 ELEVATOR ST /X / COLLEGE P ( P _ 895 SF j JP . w/J 24 GENERATOR ROOM ' /��`/,// -%;;�' /�,/' // //,, j '; /j % .:; ' !j i % /:' / ice. / , /• ,/;/� DRY SET : , RETAINING WALL WITH }. " , // / ', j /•��j j//� '/ // : //// /�/ /�//�/ ' / / ; ,/ :r^" / /. // /i /' � i i ; , ; RAILING / /%////j� / , (F NG PROPOSED FIRST FL 1 ins^-r-o^ goo dd NOTE KEY Z 1. Nutrition Station / Service Kitchen 2. Sailed / Clean Cart Storage gE \ \ � 4. Dement�tiS Security Doors (Hold-Open Aftemate) $ \ � 5. Memory Display . 0 6, Oxygen Storage _ \ 7. Soiled 6 Gean Linen Cart Storage S \ 8. edicerSt ` ^ . . . .� B. Medicine Room � \ � 10. Storage 8 Coat Closet o 11 . Covered Patio V .� e \ \ 12. Open Patio (1Nith Security RaIMg) T1 l 13. Office O cd y r 14. Soiled 8 Clean Linen Cart Storage ` U Z ;�[ \ 15. Reception `• \ \ 16. General Storage 8 Line D. m Union Cart Storage In 17. Director Of Nursing Office 18. Adminisbative Office 19. Famlly Visitation / Social Services Conference 20. Entry Parlor \ 1 ` 21. Copy / Mail Room 22. Activity Lounge (TV, Fireplace: Activity Tables) 23. Moveable Partition 24. Future Nurse Station \ T - Resident / Public Toilet •{ ST • General Storage ziv L ` iftAU ' 4 View To I I I a � ? Lake III � ij , I �s't'�•`- { `+� _ .t -" '"'?� I � I , III � •r r I I J22 A. SCHEME 11 SQUARE FOOT SUMMARY FLOOR ADDITION RENOVATION NOTES ' (GROSS SF) (SF) FIRST + B = I I i I N } I 22,574 SF 0 SF O 32 SNF EDS 7D5 SF/BED I 1 W SECOND i 1083 SF 2217 SF ELIMINATE (1) STUDIO ! ' APARTMENT � � I _ } f / THIRD 1063 SF 2693 SF III � � Ii . II � III u 1 M -_ c• TOTAL I 24,700 SF 4910 SF I r"•^ ° c°<°u•e w: 10/16/06 AS NOTED 7 S Fevfs ions : ^'q• •�� � NWnGr: Wle BY: { rlCw 1 L .. t r71 i rY s 4/ ' S°.e: idle: PROPOS=D PARTIAL 1 ST FLOOR PLAN OR PLAN a el 16 37 TOWN OF ITHACA PUBLIC HEARING STATEMENT 5/07/07 JOHN A. KROUT, Ph. D . DIRECTOR AND PROFESSOR ITHACA COLLEGE GERONTOLOGY INSTITUTE Thank you for the opportunity to speak on behalf of Ithacare ' s proposed addition of 32 assisted living residence beds at Longview. I heartily endorse this expansion. Ithaca College and Ithacare have a unique, comprehensive intergenerational partnership that thrives on the interaction of Longview residents with Ithaca College students, faculty and staff from every school on campus. This partnership has received national and international accolades as a model of intergenerational learning that benefits both elders and college students through a variety of course based, volunteer and social activities. In a typical semester, over 100 residents, 300 students and several dozen faculty and staff learn from one another in programs as diverse as aging studies, music, history, physical/occupational/recreational therapy, speech-language pathology and audiology, sociology, psychology, theatre, and communications (to name a few) . I speak on behalf of the proposed expansion for several reasons : -it will provide even more learning opportunitites for Ithaca College (and other college) students; it will provide additional services and options for existing Longview residents and help them remain as independent as possible as long as possible; it will broaden the overall range of residential options for older adults living in Tompkins County (and their families) ; and it will provide additional jobs for people interested in careers working with older adults . I would be happy to provide you with more detail on the Ithaca College/Longview partnership or any of my comments should you wish. Thank you . ohn A. KroUt, Ph . D . kroutaithaca . edu 274- 1965 May 71 2007 Town Board Meeting ATTACHMENT # 7 ® al Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, k1FY 12231 (Use this form to role a local laari with the Secretary of State.) 7of ould be giv en as amended. Do not include matter being eliminated and do not use tacs or unerlining to indicate new matter. atyr 1014 of - - . . . . ITHACA Town - - - - - - Local Law No- - - - - - - . . . . . . . . . . . . . . of the year 2®- 07 - A local law - - AMENDING - - CHAPTER - - 271 . OF THE_ _ TOWN-- OF_ _ ITHACA - CODE , TITLED (insert Tide) " ZONING : SPECIAL LAND USE DISTRICTS , " REGARDING INCREASES -- - - - - - - - - - - - - - --- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - -- - - - - IN NUMBERS , HEIGHT AND USES OF DWELLING UNITS IN ITHACARE ' S - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - - --- - - --- -- -- --- - -- - - - - - - - - - - - - - - -- - - -- - - - - - - - - SPECIAL LAND USE DISTRICT N0 . 7 - - - - - -- - - - -- - - - - - - - - - - - - -- -- - - - - - - - -- - - - - -- - - - - - - - - - - - - --- - - - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- -- -- - - --- - - - - TOWN BOARD Beit enacted by the - - - --- - - -- - - - -- - - - - -- - - - -- - - - - - - - .. . .. .. . . .. . - - - --- - - - - . . . . . . . - --- - - - - - -- - - - - - - - -- - -- - -- of the (Name ofLegialative Body) of - - - - - - ITHACA- - -- - - - - - - - - - - - - - - -- - - - -- - - - as follows : Town - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - �1 SEE ATTACHED PAGES 1 - 3 i (If additional space is needed , attach pages the same size as this sheet, and number each.) Dos-239A(tev. 11/99) � 1 ) TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED "ZONING: SPECIAL LAND USE DISTRICTS," REGARDING INCREASES IN NUMBERS, HEIGHT AND USES OF DWELLING UNITS IN ITHACARE ' S SPECIAL LAND USE DISTRICT NO . 7 Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271 - 8 , titled "Special Land Use District No . 7 (Limited Mixed Use, Ithacare)", Subsection B ( 1 ) , is amended by increasing the maximum number of dwelling units from 160 to 193 and by revising the types of accommodations from "assisted living" to "congregate residential care, including independent, assisted living and nursing home accommodations," so that Subsection B ( 1 ) reads as follows : "One multiple-family dwelling consisting of at least 40 dwelling units and up to 193 dwelling units aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, such multiple-family dwelling being intended to provide congregate residential care, including independent, assisted living and nursing home accommodations . Each dwelling unit in said multiple-family dwelling may be occupied by no more than two persons, related or otherwise. " Section 2 . Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271 - 8 , titled "Special Land Use District No . 7 (Limited Mixed Use, Ithacare)", Subsection D(3 ), is amended by increasing the maximum building height from 34 to 37 feet from the lowest interior grade, and by adding references to "elevations and plans numbered C1 . 1 (Site Plan), C1 .2 (Site Grading Plan), C1 . 8 (Viewshed Section and Elevation Studies), and A2 . 1 , A2 . 2 , and A2 . 3 (Exterior Elevations), prepared by Schopfer Architects LLP and dated October 16, 2006, revised February 8 , 2007" after the reference to the January 30, 1996, Site Plan, so that Subsection D(3) reads as follows : "Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No . 7 , no building shall be erected, altered, or extended to exceed 37 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multifamily dwelling permitted pursuant to Subsection B( 1 ) above may exceed said height limitations provided such building is constructed substantially in accordance with the elevations and plans numbered SK-LIJ (Preliminary Site Plan - Alternative B . 3 ), L-4 (Planting & Materials Plan) , L- 5 (Trail Plan), L-6 and L-7 (Details) , and A-6R (Elevations), prepared by L. Robert Kimball & Associates and dated January 30, 1996, (hereinafter collectively referred to as the t ` January 30, 1996 , Site Plan' ), and elevations and plans numbered C1 . 1 (Site Plan) , C1 . 2 (Site Grading Plan), C1 . 8 (Viewshed Section and Elevation Studies), Revised March 29, 2007 1 and A2 . 1 , A2 . 2 , and A2 . 3 (Exterior Elevations), prepared by Schopfer Architects LLP and dated October 16, 2006 , revised February 8 , 2007, copies of which are on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 607 feet above City of Ithaca datum. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. " Section 3 . Chapter 271 (Zoning : Special Land Use Districts) of the Town of Ithaca Code, Section 271 - 8 , titled "Special Land Use District No . 7 (Limited Mixed Use, Ithacare) ", Subsection D(5), is amended by deleting the requirement for the dwelling units to be occupied by persons "requiring assisted living accommodations", so that this Subsection reads as follows : "The dwelling units in this Special Land Use District No . 7 shall be occupied by persons over the age of 54 years, except that adult persons under 55 years of age may reside in the units if because of disabling conditions said adult persons require the services provided by the owner, provided that no more than 10% of the occupants of the facility are under the age of 55 . " Section 4 . Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271 - 8 , titled "Special Land Use District No . 7 (Limited Mixed Use, Ithacare)", is amended to conform this section to the current Town of Ithaca Code ' s terminology, numbering and references as follows : A. Subsection A is deleted and replaced with the following: "Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as ` Special Land Use District No . 7 (Limited Mixed Use) ' , which district is now considered and hereafter referred to as ` Planned Development Zone No . 7 . B . All references to "Special Land Use District No . 7" are changed to "Planned Development Zone No . 7" in the title to Section 271 - 8 and in Subsections B , D , D(3 ), D(5), D(6), and F . C . The reference in Subsection C to "Residence District R- 15 " is changed to "Medium Density Residential Zone" , D . The reference in the last sentence of Subsection D( 1 ) to "Article IX" is changed to "Article XXIII", and the reference to "Section 78" is changed to "Section 236", so that the last sentence reads as follows : "In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations as it would employ in approving the site plan pursuant to Article XXIII and Section 236 of the Town of Ithaca Zoning Ordinance. " Revised March 29, 2007 2 E . To replace the former Town of Ithaca Zoning Ordinance ' s numbering and other references related to parking requirements with the Town of Ithaca Code ' s numbering and other references, Subsection D(7) is deleted and replaced with a new Subsection D(7) reading as follows : "There shall be provided at least two parking spaces for every three dwelling units, except that the Planning Board may reduce the required number of spaces by no more than 20% in accordance with the criteria set forth in Chapter 270, § 227 of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in Section 227 as referenced above, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth in Chapter 270, § 227 of the Town of Ithaca Code. " F . The title of Schedule A, "Description of Property To Be Rezoned To Special Land Use District No . 7" is hereby deleted and replaced with "Description of Property Zoned as Planned Development Zone No . 7 . " Section 5 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. t Revised March 29, 2007 3 (Complete the certaficataori an the paragraph that appiaes to the filing of this local law and strlke out that which as not applicable.) 1 itnal adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 5 - - - of 20- ��_ of the (( f�)( Town)(Vi of . .. . .ITNACg _ _ _ _ _ . . . _ . . . . . . . . . . . . . . . . . . was duly passed by the _ TQWN_ _BQARD _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ MI . -7. _ _ _ _ - 20Q7 - (Name of Legislative Body) , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. . . . . . . . . . . . . _ _ _ _ . . . . . . ._ _ _ ___ _ . . . .. of 20- -- - - - of the (County)(City)(Town)(Village) of - --- - - - - - - _ . . . . .. .. . _ _ _ _ _ _ _ _ _ _ . . . .. .. . . .. . .. . . . . . . . . . _ __ _ _ _ _ _ _ _ _ _ was duly passed by the - - - - - - - -- - -- -- - - - --- -- - - - - - - - - - - - - - - - - - - - - - -- - - on __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ___ __ __ _ ___ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ and was deemed duly adopted on - - - _ _ _ __ - - - - - - - - - 20_ _ __ , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. nal adoption by referendum.) y certify that the local law annexed hereto, designated as local law No. .. . . . .. . .. ... . _ . . . . . . . ._ _ _ __ __ _. . . . of 20- - -- - - r County)(City)(Town)(Village) of - - -- -- - _ . . . . .. . . . _ __ _ _ _ . . . . . . . . . . . . . . .. ._ . . . . . .. . . . . . . . . . .. . . .. . . was duly passed by the - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - -- . . . .. . . .. . . . . 20_ _ _ _ and was (approved) (not approved)(repassed after (Nam Legislative Body) disapproval) by the - - - - - - -- - - - - - - -_ - - - - - - - -- - - - - - - - - - -- - - - - - _ .. .. . .. on__ ___ _ _ __ _ __ __ __ _ _ _ 20. . - - . Such local law was submitted (Elective Chief Executive Officer") to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on _ _ _ _ _ _ _ _ _ ___ _ __ _ __ 2Q __ _ in accordance with the applicable provisions of law. ' 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No. . . .___ . . . . . . . _ . . . . . . . _ . . . . . . . . . . __ _ of 20. .... . of the (County)(City)(Town)(Village) of - - - - - - - - - - - - - -- - -- - - - -- - -- __ _ _ _ _ _ _ . . . . . . _ -- - - --- - - - - - - - - _ _ _ _ _ _ _ _ _ was duly passed by the -- -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - on -- - - - - - - - --- - -- - - - 20_ __ _ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - on - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ 20. __ _ , in accordance with the applicable provisions of law. * a Chief Executive Officer means or includes the chief executive officer of a county elected on a county- w 10� erviI a sis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or r thsor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) . S. (City local law concerning Charter revision proposed by petition.) ®y certify that the local law annexed hereto, designated as local law No. _ _ _ . . . . . . . . . _ _ _ _ _ . . . . . . . . . . . _ _ . . . . . of 20- - - - - - City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of S ' (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qu' ded electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ 20 _ _ _ _ , became operative . 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ _ _ of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ . . . . . . _ __ _. . . State of New York, having been submitted to the electors at the General Election of November __ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ 20. .. . , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative . (If any other authorized form of final adoption has been followed, please provide an appropriate certification,) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph- - -- - . . . . . . , above. Clerk of the County legislative body, City, Town or Village Clerk i or officer designated by local legislative body t � e� Date : (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPK T NS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had. or taken for the enactment of the local law annexed hereto. Signature Title t KZKMIX X of ITHACA Town Date : /AAG-4. (3) TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : PUBLIC HEARING NOTICES : Local Law amending Chapter 271 of the Town of Ithaca Code , titled "Zoning : Special Land Use Districts , " regarding increases in numbers , height and uses of dwelling units in Ithacare' s Special Land Use District No . 7 AND Considering the adoption of the Draft Town of Ithaca Transportation Plan Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Monday , April 16 , 2007 Date of Publication : Friday, April 20 , 2007 Tee-Ann Hunter Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 20th day of April , 2007 . l Notary Public i CARRIE WHITMORE Notary Public , State of New York No . 01 WH6052877 Tioga County aUIU Commission Expires December 26, JO1NN OF RHACA ' '` NOTICE OF PUBLIC `HEARINGS°- - NOTICE IS HEREBY GIY .' ENAbi the Town B6617 V, the.:Town of Ithaca_ will hold the follovnng: pubhc he6r rags° at . 'the,' Townf Hdll; 215 North Ti" a Street, ,Ithaca;_= New :York;: oMay 7, 2007 r :: ur 6: t pose of considerin pro-; rposed locale aw amending• Cliuer 271 'of the Town; of; l gca• Code hued, "ZOir mgi>,Special Land Use ::Dis ; fricts,° regardingg increases_ m=.numbers, heightpnd rises of '' dwelling.;; umts ithacare s Special Land Use' Dmid No 7, and 4� 7:00 p m `-,for the pur- .pose of considering ;the. " adophon of ffie Draft Towr " of ;athaca °°T_r'anspoitation Plan;- and 1 r� t FURTHER IIOTICE LS" GIYEN that at such hme andplace all' persons .inter=' este'd m the proposed local law or hansportahon 'plan; may: be h ..d-"onceming , iMsame, and :FURTHER NOTICE IS GIYEN that mdmdu_dls with"visual or.-.- n .g irt�; I paiments or other ilpecial Ili lI needs wjll be piowded W,-Mh assistance , as..0 necessaryry upon request ;Persons:de , string_asslstance;must mpk'e ry ,q :re to the Town Clerk nof;less than 48'hours priorl- to tfle fime oF_the public Cgppies of the proposed to- cal w nd frpoGa W on-,are on file and avolla . blelfor rewew, lunng regu" . lar.pffice hours at the Tov✓n,Y Clerk's Office, �2T5 Norif% L oq a Sreet, Ithaca Ne l✓- Yo *Monday:through _ Fri;= day 800 a mi to 4 00 ::== Pm - Tee-Ann Hunger, Dafeil Apnl i 6, 20075 May 7 , 2007 Town Board Meeting ATTACHWE,t 'T�� j81 2 MEMORANDUM To : Town of Ithaca Town Board From : Jonathan Kanter, AICP , Director of Planning 1 Date : May 1 , 2007 RE : Adoption of Town of Ithaca Transportation Plan — April 25 , 2007 Version The purpose of this memo is to assist the Board with consideration of adoption of the Transportation Plan, which is scheduled for the May 7 , 2007 Town Board meeting. The Board scheduled a final public hearing regarding the Transportation Plan for May 7th at 7 : 00 p .m . Subsequent to the April 9, 2007 Town Board meeting, at which the Board set the public hearing date to consider adoption of the Plan, staff has proof read all of the Plan documents and done final copy editing. In addition, at the April 91h meeting, the Town Board identified the need in the growing West Hill area for a new . east-west bicycle and pedestrian corridor that would connect the Town ' s planned future bicycle/pedestrian system into the City of Ithaca. This has been added to the discussion of bicycle and pedestrian facility needs on page 80 in Volume I of the Plan, and conceptual references to such an east-west connection have been added to Maps 13 and 14 in Volume II of the Plan. These revisions and copy-editing have been incorporated into Version April 25 , 2007 of the Plan documents, which have been distributed to the Board , and are the subject of consideration of adoption. Enclosed for the Board ' s consideration are a Full Environmental Assessment Form (EAF) , Parts I and 11, prepared by Planning staff, along with a draft SEQR resolution. The adoption of the Transportation Plan and amendment of the Town of Ithaca Comprehensive Plan to incorporate the Transportation Plan are classified as Type I actions, pursuant to SEQR. The Town Board is the Lead Agency, and the only Involved Agency, in regard to these actions . Staff recommends that the Board issue a Negative Declaration of Environmental Significance based on the information and for the reasons set forth in the EAF Parts I and II . Also enclosed is a draft resolution regarding adoption of the Transportation Plan and amendment of the Comprehensive Plan to incorporate the Transportation Plan. If you have any questions, please feel free to contact me at 273 - 1747, or you may email me at ikanter@town. ithaca.ny. us . w 70 W W C U Eftft CD C N Lo , 3 O O N >T to � O O C m T O fA E E O U a) a Y 3 N ` C H �' a� C C U y _ E m > O ` > V Co O O a Cl m c E U I co CL c U L CD 4 ° a) mm c Ems } o E E 3 `�° `m0 m E 0 a)C O L N cp L C O o a) o 0 Z' U) (A L T p >. N N > m N N 4) c p Z N N O ro c O a) O y w O 7 v(p_ U .@ •C. m C � m m a) -0 2] L fU O a) U U a) a) ., aNj N @ C m fn L E n o N C >. T �_ m 0 U c m C L _T a) T T T C L L O. m rn a) > m > f6 O ` 0 m a) a) �n p n 0 0 �0 m > m Y Q) W sEo o a) C E 'Zn a) a) iz Cl. � � �' m m am) cE c @ac � ca @ Y C a•+ a) c0 N c U L U O a) U 4) m y C C +• - c E y 3j c = � � mm cm �n0xccUNOOOOO � = — � o00o � m000N rtc w 3 . o ° O ' m O 4) U 4) as z U t- 3 � w z p > o , . E 0. -5 U . . . . . . . . . . • . . . . . • 00 i • X3 Y c N �, c o c c c 3 ) cmL c y ca) w � `-' can aD C d y O a) C O > t V U to C - •O- O U --CX CL a@ o O = <n a) m O CL 0 m U > CO E o o a) m 4) 7 L m co 3 x om � 3T N (D (D > > E mac ? w - - a) w m w U a� U a V o Y d y a Q 3 •n c O a) 'O a) 0 n 0 o L o -D o -D� o ° c aa� Nc c �U aci m > -pa) jo -° CO� EL ° om ms o ° o o NmmN ° ao Ecma) p0 a�ci � y aai � —aniN ° � �o a) E m a� .- n a U NaE � � (D > �' 00 y ai maaNi � anO a) c0 c � c Zcvoa c „ @ a@ >, o � m o a) ' m w X m m a) m a) a 'c (D CO o > O ° a) > ° a) c Jw <n � a� Uc wU � UcUCn , ocn : z ma � cn E _ .0 m o Oo h o O c , ,� c m c c 3 CD m YNam E m 0w mo NCyNNO o T m oo != cri ate. 7 0 0 V N U U a U C 3 .'� m y N �. O U m C b0 N ` U) m U m m 10 a) m L C CO yN E « 7 Y ) Oi m N O C fU o. a) CO j 'D O � N a N a) U0 Q N a .`-. v a) O N d m O C O NENIn � N (DEc �) � p CE � E c � cr 0 � V ZI v ca ro M a o rn E v O 2 •� L � � o O h m +o+ U a' o "i- = � � = mom V I `m � � � m � c � o 41 3 � Y ) N c N 1 0 3 tn' c 0 > ma � o � CJUwi° = = • � ro \ ` 3ooUO30' m0000 m • • • • • • ? J • • • • • • • 0 J O Q) U. m +� C U m L C O Q ~ Q) m C cZ U - . 1 N m O o 7 U. H R y O W t m m V) 0 O « m C o uaC) o C C a) X /1 cn g Q Q a) �W/ ^ to C 1 � .— O .O N 00 co r L 2p � o c uc a d az 2) c - a Y w N C U Im y O O L C C C C T O C N L 0 O O y >+ N a) E E C a Y 3 c 0 � MW c c -O -o N a> 0 a> > O E o 00 o a) o ° v on ° m m a) a� m � 0 o — _ ?' m .0 > > o 0 o a n m c E v o n c U L a) o ° CO m c E � � 0 E E 3 maNc � Q c C � N a) ,~ m L C O ca ° a) 0 0 N N C L A 0 T O C v0- N a) 0 a+ a+ .. a) N E a) N — •� •_' CD tf a) a) ++ O a) (O C m to L E O N C T T L m U C m C L �' ( ) T T C L .0 �+ m N m > m a) E ` 0 m a) a) N 0 a 0 al 0 tf m >` y a) � a T . > m a O O C C ° > Y CL CC: cl _ N a) : a v - f m Y c y m N C V Y .0 a) O L ` O m N C C .-� •� T O N E N m N E •,,,0 N ? _ °' C m fT0 co N to EO X- (CO y O 0 0 0 0 7 = — = 0 O p O (C`O O 0 Mn rtc3 ? w 3 0 ° � = �' (na) U � aazC.) IM— 3 - zo > ow .. . En i • Un o w MO C N .r C C C %MMMM a) C m i C y L N O w E U C O N C m > N m — 0 0 ^ C N O N '�C� C 0 N >+ CD f0 O O Cp '"' a C a 1! ' N O O O T Y O L N T O a +� a) 0 `- E O L + ' m ` m +' a U m N O L N a) m '� O m U > ... m O .. d m 0 7 L am) � '� 3 Q)) E ° m o 3 >' a� '� �' ' ' y a; a 0 — E n c > U a 0 O Y N L 0 a Q 3 N C 0 O p MO '� 4) 0' Q D 0 `) O -0 CD O O O L C a °D 3 L m C N N N O O (`O V E O O Y � C O OMMMMM 0 CO � O C m m O` a 0 O N C T 'O'' `.. C N O. O °' p �O ° ' a� E N `.3 N m a) �-' E c on °� ° �° a) " c (D X. a> N N O. m C u y O ' N 0 0 y a) x Q) Cl. 0 C 0 .0 c Z C 0 N m O j O N C J W (n c � 0 U C W U 0 m a) m a) c�O .. a) U cU (n ,. 0. c ` O (o .: Z m 0. w to - - MO 0. m L • • • • • • • MMMMMMMM 3 O . �m,, ., w.• O O H 3: !0 0 � om a) m N N � N)40 C N m O m c O N m O ° 0 T C �E C � U N a ° m 3 to= L m ° m c ID U C m O C E a) > r. E 7 >ME c E (n E C - O jf O � N m a I° � teMO n E E — � M d c LO N V s ma � E -0 - 0 2 cr Mc cr 40 Vo r ° 3 ui n N c V �_ 0 3 c a`� aci i N �..' (�q M N � m O VJ �' N C T > C � O_ m U W U. 2 2 - O m m' m U U o p co � • • • • • • t/1 ? J • • • • • • • O J I cn I LL m m L S N ° N O r+ C [ ' , U N L y i7 m a V V! V1 W � ~ a C Y m m O N_ OO 7 Z m R 0 _ O W N .+ O r Ma may. I '� '-' m U(1 U oD L m L Up. 0 MMMMM lL 0 F- MMMMMI a (n .0 m e -.� 3 U 0 N c UL „- .� (� UU o N Ec mcua) .. mLoo Fn a w N O > N c U �.+ O O L c m C C c >> C c N O 3 N N O a) C a a) O L , O O y T N O E E O U N ] Y 3 ov o a) O o .0 a) m co ° a� a> c> U — E o m .0 > co > Ly o Eo CL t cEp o v L a) N m 0 Q ddd� CL c «, w a) a) c o f E 3 cod @ UO .m a) f`p m C O m cO a) O O y y C L T p >, O c w N c� a) U ,+ aJ «J m N E a) N — �+ UlUUJ tf� 6 cd 75 y '� 6 mo O 'gyp U c6 � � C � CO c9 O I L t � Y y) V U C m N d `U, 0) E O C ;, T L (�O a ,• a) t: c m T > N >. a> a) 10 t+ O- >, N E .> m > m a p O O Y Y m C N C E O c > @ CL Y N m y c U =_ a) j ` N 0 c C am.� T w N E N N E O 7 • +-' _ T 'O T m L E C U O a.+ +' — 3 7 - _ O O p 0 7 v O O N 0 ?� c O m C m N O Q) m N O 0 0 0 O Q O � � � •> � c0 x M Q) 0 0. 0 0 3 3 w Z � 5 0 :3 � E a -5 n4 c ma L c N a� c O C C 4UUUJ CO N O c UO d E y N fA C Q. O c N N O @ o C @ 0 a p O p T L T 0 UIUUUA no m " a) E N p LU N>a 0 m a N L O a O S.... > > E N ° +UUP a) >` %dUL E O a N U a c - �,�� O-' �. . @ a+ y d a —O c 0 V m 4) U O C O 4 � y o > O cc ao n o L p a UK= o E o 0 U 'P c 0 UiUUJ O 4) 0 ' m �+O co , a) L O C m c a p N O p t'y m E N a U t E L N a)O ^ ' ) l L C L L C O C ._°u° c Q) o o ' a _ o a m c �+ Z •a o a @ m a) w c U o d o a c w cn( ° Q) zm0. 2i f OPatIE5,L) RFEV Jell To v ° " rA �,y vc� ► 77A/ �-! ;5 -7- 07 Sample Streetscapes The topics covered in this section of The Design Guidelines outline the various aspects- of streetscape design, including the relationship between the transportation network and adjacent land uses, the road edge, the roadway and shoulder, and other design issues, such as drainage and storm water treatment needs and emergency access. Sometimes, the "best practice" associated with one aspect will conflict with the " best practice" associated with another aspect. For example, on high volume, high speed roadways, it is important to provide adequate space for bicyclists. Yet overly wide roads can encourage excessive speeding, which has negative impacts on livability. h W1qA / cgSeS� i �- 19� h ould be ePoss; tile- +0 cans per7sq + e To ,r e f f ec: O[Or 1r75+ahce by ac.ren +uce -k ' PJ CL re> C Ct 's Ve ►- + ICS 4 t ( G hd h o r' i zo rr-f-a ( c4r-�!a +�► re vr- �v�, ;n � rodu v n � Vlsua1 nc, rr�ov'411,1 (•cow + e'as + iii sh oil ( cl er� wt a -� eri ql� s+ ice + + reeS e � � • in orc( er' fo keep vehicle Speec>ts f � � � vle�ectsi nq . When designing a streetscape, therefore, it is important to balance the trade-offs associated with assigning relative priorities to the various aspects, as well as to remain flexible to alternatives (such as an off-road bike path , in the previously cited example). In addition to being flexible and balanced, streetscape design should always be site-specific and context sensitive. The Town, including the Town Board, Town Planning Board , and Town professional staff, should consider factors such as topography, drainage issues and stormwater treatments, other infrastructure, neighborhood character, and livability needs when selecting the width of a road right-of-way, the width of the lanes and shoulders, the type, design , the location of bicycle and pedestrian facilities, and other aspects of right-of-way design . The following streetscapes exemplify how design can be tailored to specific situations, and how the various aspects of streetscape design interact with each other. They are intended to be guidelines, not standards. The measurements shown in the diagrams are for illustrative purposes only; •as previously noted , the design of the roadway and the width of the right-of-way should be tailored to its intended purpose and its context. The samples are based on two variations: urban/ suburban or rural land use intensity and intense traffic (high vehicular volume and/ or speed) or non-intense traffic (low vehicular volume and/or speed ). In reality, as previously noted, there are many more considerations that factor into the design of a roadway. Urban/ Suburban Land Use Intensity Rural Land Use Intensity Intense Traffic Diagram A Diagram C Non-Intense Traffic Diagram B Diagram D 18 Bruce Brittain, 135 Warren Road May 7, 2007 I would like to thank the Board for this additional opportunity for input relative to the Town Transportation Plan. There seems to have been a good faith effort to address many of the concerns that Doug and I raised at the last Public Hearing, and at other junctures throughout the process. The Plan has improved dramatically, and we thank you for that. Unfortunately, others of our comments seem to have fallen through the cracks. EXECUTIVE SUMMARY Many people will only read the Executive Summary, so it has to be well worded, and adequately summarize the Plan itself. Most of the errors that I identified and reported at the last Public hearing have not been corrected. For example : Typos: `Date" instead of "data;" "climactic" instead of "climatic. " Factual Errors: States that there are 9 . 33 miles of walkways within the Town, whereas the main text (p 77) states that there are 1 I miles; states that there are no bicycle-only facilities within the Town, ignoring the bike lanes on Tower and Campus Roads on the Cornell campus within the Town of Ithaca. Does not adequately summarize the "Needs" section of the text: The identified needs in the Bicycle and Pedestrian Facilities section (p 12) do not adequately summarize the needs identified in the text (p 79 - 80) . In particular, the second bullet is a poor summary, and the last bullet is missing. Does not adequately summarize the Plan ' s "Recommendations" section : Omits Recommendations 1 . A and I . C , and presents Recommendation 1 .13 as 1 . A; omits Section 2 . F ; omits Section 3 .13 . 5 ; summarizes Recommendation 7 by saying that the Town "should consider altering" regulations, whereas the main text (p 118) says that the Town "should alter," which is a considerably stronger statement. All of these problems were reported before, but they still remain. I would like to hereby, by reference, resubmit all of my previous comments from the previous public hearing that pertain to the Executive Summary. MAIN TEXT Overall, much better. Many of our comments and suggestions have been incorporated into the text. And I thank you. However, there are still some outstanding issues : l pp 56 — 69 : Table listing roads, adjacent land uses, purpose, traffic volumes, etc None of our comments seem to have been incorporated. We had identified and reported many factual errors including (but not limited to) : Adjacent land uses : Omits Agricultural for Ellis Hollow Road (the Southside Farm) and Hanshaw Road (the Warren Farm) ; omits Open Space for Forest Home Drive, Judd Falls Road and Caldwell Road (the Plantations). Bike/Pedestrian Destinations and Facilities : Omits church and community center for Forest Home Drive ; omits church and Community Corners for Hanshaw Road; omits schools on Warren Road; omits mention of pedestrian facilities on Judd Falls Road. Geometrics : Omits stop signs at Judd Falls/Tower Road intersection, Judd Falls/Campus Road intersection, Judd Falls/Forest Home Drive intersection; omits turn lanes at Judd Falls/Rte 366 and Caldwell/Rte 366 intersections, omits traffic signal at Warren/Uptown intersection. Other: Mentions congestion in Cayuga Heights when discussing Elmira Road; discusses the intersection of Pine Tree Road with Pine Tree Road. So once again, I would like to hereby, by reference, resubmit all of my previous comments from the previous public hearing that pertain to this table . VOLUME II: THE APPENDICES Appendix I : Maps I found six factual errors on Map 8 : Speed Limits in the Town of Ithaca, and reported on them at the last Public Hearing. They have not been changed . These errors include an indicated 30 mph speed limit on Hanshaw Rd east of Warren, where the actual posted limit is 40 mph; an indicated speed limit of 30 mph on Plantations Rd within the Arboretum, where the actual posted speed limit is 20 mph; an indicated speed limit of 30 mph on a private driveway connecting McIntyre Place to Judd Falls Road; etc . By reference, I would like to hereby resubmit all of my comments from the previous public hearing that pertain to this map. Appendix Il : Supplementary Tables Overall , the labeling of the Tables and Figures is much clearer. However, some issues remain: p 16 : Vertical scale on graph is still blacked out. p 20 : Labels in upper graph are reversed. "Trip Purpose" should be the horizontal axis. p 21 : Missing page number. p 21 : Upper graph : Vertical scale ("Trip Length") has no units. Is this miles? Minutes? p 21 : Figure A-9 is (mis)labeled as Figure A- 1 . p 22 : These two Figures seem to contradict each other. How can the total miles traveled be less than the sum of the individual trips? For example, the average length of a daily trip by bicycle is around 3 miles, but the total number of miles traveled per day is only about 0 . 1 miles . How can this be? Am I missing something? I pointed this out at the last Public Hearing, but it has still not been corrected. p 28 : Snyder Hill is two words. p 28 : The intersection of Slaterville Rd and Pine Tree Rd : Lists LOSS for turning movements that can not be made at this intersection : EBR (east-bound right turn) and NB (north-bound) . I pointed this out at the last Public Hearing, but it has still not been corrected. p 29 : Missing page number. p 30 : Forest Home Drive east of the 25 mph zone (about 1 /3 of the way down the page) : Lists speed limit as 30 mph. It' s actually 45 mph. This will throw off values in all subsequent columns. I pointed this out at the last Public Hearing, but it has still not been corrected. p 31 : Figure A- 15 : Scale, legend and footnote are all written on top of each other. Appendix III : Transportation Survey p 37 : The Figure for Question 4 is highly misleading . You can ' t change the width of the x-axis interval part way through a graph. Either have all intervals be 5 years wide (as in the first half of the graph) or 10 years wide (as in the second half) . I pointed this out at the last Public Hearing, but it has still not been corrected. p 44 : The information in the Tables disagrees with the information in the Graph. I pointed this out at the last Public Hearing, but it has still not been corrected. Appendix V : Sidewalk Ordinances and Policies The Sidewalk Policy appears twice , once on pp 82 - 83 , and again on pp 84 - 85 . VOLUME III: THE DESIGN GUIDELINES This is generally good, presenting a nice vision and attitude. However, there is one technical issue that I would like to address : (Handout) The Town' s desire to promote walking and biking and general neighborhood livability comes across very clearly . The text of the Design Guidelines indicates that total curb-to- curb roadway width should be minimized, with lanes no wider than required. Which I strongly support. Unfortunately, the guidelines also call for 10 - 11 ft wide lanes with 4 - 5 ft wide paved shoulders on roads with moderate to high volumes of traffic. This results in 30 ft of unbroken pavement, which is quite wide, and matches the County' s proposals for Hanshaw and Coddington Roads. We know how popular those proposals have been with the residents who live along those streets. And for good reason : the increased width will result in loss of front yard vegetation, and will likely lead to an increase in vehicle speeds. If you plan on paving a road this wide, you will have to take other measures in order to ensure that vehicle speeds do not increase . These include coloring the shoulder, decreasing roadway design speed, introducing or accentuating horizontal and vertical curves, etc . Doug and I have drafted a sentence that could be inserted on p 18 of Volume III : The Design Guidelines : In many cases it should be possible to compensate for this effect, for instance by accentuating a road 's vertical and horizontal curvature, or by introducing visual narrowing (contrasting shoulder material, street trees, etc.), in order to keep vehicle speeds from increasing. This should help to address neighborhood concerns. I was also struck by the photo of the shoulder on Pine Tree Road that was used in the Executive Summary (p 12) . The caption reads : "Pedestrians attempt to navigate Pine Tree Road in the Town of Ithaca." The accompanying text reads: "Many roadways with significant pedestrian traffic do not even have sufficient shoulder space for a single pedestrian (see picture at right) . " I looked at the site yesterday . It' s adjacent to East Lawn Cemetery, by the "Dean" tombstone. Pavement there is 40 ft wide. As I recall, it was originally striped as two 4 ft shoulders, two 11 ft travel lanes, and one 10 ft center turn lane . The location of the edge lines has drifted over the years, and the western shoulder is now only 2 '/2 ft wide . In addition, there is a 3 ft wide informal pedestrian path beyond the curb. It is a hostile pedestrian environment, I will grant you that, with too much traffic traveling by too quickly . The shoulder is not a comfortable place to walk, but there is sufficient width. The informal pedestrian path is also not pleasant, with rocks strewn on its surface . But again, it is wide enough. In Forest Home, one of the roads with the worst level of general pedestrian hostility is Pleasant Grove Road, which has 30 ft of unbroken black top, striped as two 11 ft lanes with two 4 ft shoulders. What struck me about the photo of Pine Tree Road is that it is being used both a bad and a good example . The Executive Summary presents this as an example of poor design. Yet the Plan calls for replicating this throughout the Town: 4 - 5 ft shoulders and 10 - 11 ft lanes on roads with moderate to high volumes of traffic . I hope we can do better. Thank you. May 7 , 2007 Town Board Meeting Agenda Item ' #15 BWCP - 8 (6/2005) Version l .0 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIION ATTACHMENT # 9 Phase II SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), GP02-02 MUNICIPAL COMPLIANCE CERTIFICATION (MCC) FORM Regulated MS4 : Town of Ithaca SPDES Permit Number: NYR20A 13 4 See information packet for information to help complete this form. MCC Form for year ending: March 11 , _2006 (Year 3 ) X 2007 (Year 4) 2008 (Year 5) Section A. MS4 Owner/Operator and Contact Person Information (contact persons explained in instructions) Owner/Operator Is information below new or changed? X Yes No Name: Catherine Valentino Title: Town Supervisor Department: Town Board Street or P .O . Box: 215 N . Tioga Street City: Ithaca Mailing Address: County: Tompkins State : NY Zip Code: 14850 Phone: (607 ) 273 - 1721 E-mail Address: cvalentino @town . ithaca . ny. us Local Stormwater Public Contact (Required by Minimum Measure 2) Is information below: 1 ) new or changed? Yes X No 2) same as: Owner/Operator Name: Daniel Walker and Title : Director of Engineering and Department: Engineering Fred Noteboom Highway Superintendent Public Works Facility Street or P . O. Box : 215 N . Tioga Street and City: Ithaca ' ling 106 Seven Mile Drive ess: County: Tompkins State: NY Zip Code : 14850 none: (607 ) 273- 1747 E-mail Address: dwalker @town . ithaca . ny. us 607 273- 1656 fnote boom town . ithaca . n . us Stormwater Management Program (SWMP) Coordinator (Responsible for implementation/coordination of SWMP) Is information below: 1 ) new or changed? Yes X No 2) same as: Owner/Operator X Local Stormwater Public Contact Name: Daniel Walker and Title: Director of Engineering and Department: Engineering Susan Ritter Assistant Director of Planning and Planning Street or P .O. Box: 215 N . Tioga Street City: Ithaca Mailing Address: County: Tompkins State: NY Zip Code: 14850 Phone: E-mail Address : dwalker @town . ithaca . ny. us and ( 607 ) 273- 1747 sritter@town . ithaca . ny. us Annual Report Preparer Is information below: 1 ) new or changed? Yes X No 2) same as: Owner/Operator Local Stormwater Public Contact X SWMP Coordinator Name: Susan Ritter Title: Assistant Director of Planning Department: Planning Street or P . O. Box : 215 N . Tioga Street City: Ithaca Mailing t ess: County: Tompkins State: NY Zip Code: 14850 : ( 607 ) 273- 1747 E-mail Address : sritter @town . ithaca . ny. us Page 2 GP-02-02 Municipal Compliance Certification Form Permit Number: NYR40A134 Municipality: Town of Ithaca [IMPORTANT NOTE : Rows can be added to the tables in the following sections by going to the rightmost cell in bottom row of the table and hitting tab. Hitting return in a given row will make the row wider, creating more room to type or write. Section B. Local Water Quality Information Information to help complete this section can be found in the instructions . i 1 . Does the MS4 discharge to 303(d) listed waters or is it in a TMDL watershed? X Yes (complete the table below) No Not Yet Determined (Put an X in the ` Classification ' cell to indicate if the MS4 discharges to a waterbody on the 303(d) list and / or if it is in a TMDL watershed.) Impaired Waters Name Pollutant(s) of ConcerEhorus Classification (from 303 (d) list and/or TMDL) (from 303 (d) list and/or TM 303 (d) TMDL Cayuga Lake southern end Sediment/silt and hos X %F) uniip. ou received notification from the Department that you are subject to*to y special conditions in Part III.B . of the permit? 3 . Have all necessary changes been made to the Stormwater Management Pr(SWMP) to ensure compliance with Part III.B . of the MS4 permit for dischar7below) 303 (d) or TMDL waters? I Explanation: i GP-02-02 Municipal Compliance Certification Form Page 3 Municipality: Town of Ithaca Permit Number: NYR40AI34 i Section C. Partnership Information Information to help complete this section can be found in the instructions. 1 Does your MS4 work with partners? X Yes (complete table below) No (Proceed to Section D) List MS4 Partners with Legally Binding Agreements or Contracts in Place The Stormwater Coalition of Tompkins County includes the Towns of : Lansing , Dryden , Danby, Caroline , Newfield , and the City of Ithaca , the Village of Lansing , and Tompkins County. The Coalition operates U nder a Memorandum of Agreement, which all municipalities signed in mid -2006 . Each of the participating I unicipalities contributes an annual membership fee that funds such activities as educational and outreach programs , as well as the filing of grant applications and the management of grant funds . List MS4 Partners with Planned Legally Binding Agreements or Contracts List MS4 Partners with Other Agreements in Place The Stormwater Coalition of Tompkins County also partners with other agencies and organizations involved in water resource related work. These ex-officio members of the Coalition include : Tompkins County Soil Va' nd ter, Cor nell Cooperative Extension , Cayuga Lake Watershed Network , and Cayuga LakelWatershed nicipal Organization . Section D. Geographic Areas Addressed by Stormwater Management Program (SWMP) i Information to help complete this section can be found in the instructions. 1 . Does your SWMP cover all jurisdictional (automatic and additionally designated) areas within the MS4; as required by 40 CFR 122 . 32(a)? X Yes _ No (Explain below) Explain: The SWMP will extend to the municipal boundaries . GP-02-02 Municipal Compliance Certification Form Page 4 Municipality: Town of Ithaca Permit Number: NYR40A134 Section E. Funding and Resource Allocation Information to help complete this section can be found in the instructions . 1 . Are adequate resources (funding mechanism, equipment, staff, etc .) planned or in place to fully implement your SWMP no later than January 8 , 2008 ? XYes No (explain below) Explain: The Town will continue to budget for the necessary resources and expects to have a regular funding mechanism in place by 2008 . 2 . If the MS4 is receiving funding through the municipal budget, a grant, or other source, briefly explain below : what are the sources, estimated amounts, and frequency of funding for the MS4? Explain: • Water Quality Improvement Project Grant — Round 6 , for education and outreach programs , and for 1 outfall mapping ( $ 175 , 000 total awarded to the Stormwater Coalition of Tompkins County) . • Water Quality Improvement Project Grant — Round 7 , for development of local laws and developing MS4s funding mechanism for implementation of their Stormwater Management Plan ( $ 100 , 000 total for Stormwater Coalition ). • 1 State Water Quality Mini Grant — $45 , 000 total awarded to the Tompkins County Water Resource i Council for MS4's stormwater Gap Analysis and other projects . 3 . If the MS4 is not receiving funding, briefly explain below : plans the MS4 has for obtaining future funding? i Explain: I I I ' i I i GP-02-02 Municipal Compliance Certification Form Page 5 Municipality: Town of Ithaca Permit Number: NYR40A134 Section F. Compliance Certification Compliance Assessment - For each of the minimum control measures, indicate below if your program has, made steady progress toward full implementation and has achieved all measurable goals scheduled to be completed during this reporting year. Refer to the NOI and prior Annual Reports for information about measurable goals scheduled for this re orting year. Permit ANSWER BOTH COLUMNS Part Minimum Control Measure FOR THIS REPORT YEAR ONLY Steady Progress Goals Achieved W .C . I . Public Education and Outreach on Stormwater lmpacts I X Yes No N/A X Yes No N/A Explain ` no ' / `N/A' answer: IV .C . 2 . Public Involvement / Participation X Yes No N/A X Yes No N/A Explain ` no ' / `N/A ' answer: N .C . 3 . Illicit Discharge Detection and Elimination X Yes No N/A Yes X No N/A Explain ' no ' / `N/A' answer: The Town anticipates finishing the outfall mapping project during the summer of 2007 . The Town has only recently commenced work on an Illicit Discharge Detection Program , and has not yet adopted a local law.. Plans for developing programs to train employees and others in illicit discharge detection and response are currently in progress . The Town , in cooperation with the Stormwater Coalition of Tompkins County, will strive to meet the necessary goals of this Minimum Measure in the 2007 reporting year. IV -C .4 . Construction Site Stormwater Runoff Control F Y es No N/A Yes X No N/A Explain ' no ' / `N/A ' answer: The Town continues to make progress towards adopting a local law to address construction site stormwater runoff control and erosion control , and intends to meet the required goals before the 2008 implementation deadline . N .C .S . Post-Construction Stormwater Management X Yes No N/A Yes X No N/A Explain ' no ' / 'N/A' answer: The Town continues to make progress towards adopting a local law to address control of post-construction site stormwater runoff ( and address both water quantity and water quality treatment) , and intends to meet the required goals before the 2008 implementation deadline . N .C . 6 . Pollution Prevention / Good Housekeeping for X Yes No _ N/A _Yes X No N/A Municipal Operations Explain ' no ' / `N/A' answer: The Town continues to make progress in preventing discharges of pollutants from municipal operations and in conducting employee pollution prevention training . Policies and procedures are in place to address pollution prevention and employees are knowledgeable of these and implement them on a regular basis . Development of formal written operation and maintenance programs that describe these policies and procedures are still in development. GP-02-02 Municipal Compliance Certification Form Page 6 Municipality: Town of Ithaca Permit Number: NYR40A134 Certification Statement "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information III submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment i for knowing violations. " Print !Name : Title: Signature: Date: This 'form must be signed by either a principal executive officer or ranking elected official, or duly authorized representative of that person as described in Part V1.I.2 . of the permit. See instructions for more information about who can sign this form. Send; two completed hard copies (an original and a photocopy) of this form, the Annual Report Table and any, attachments to the DEC Central Office (MS4 Permit Coordinator, 625 Broadway, Division of Water - 4`" Floor, Albany, NY 12233 -3505) . DO NOT SUBMIT REPORTS IN THREE-RING BINDERS . I i i i i i Zmv) -� v, o pocn a � Oo M :* > c x r« = ° cD m a c cD v < � o Oa O CD co � O► n w Q v j ?� ((D a_ 3' o � �s w O " I c CD O O Q Ca Q O O � (Q - n m m 3• w n a\ ^y ►� o - ' - I0 p` o CD 5 M ° N v c°u ( ) o N S Wit' B �, o n O cn O O - j ' j y o � ° 3' o o v `2 ° a c .. a c CA � c N Cl) 0 Z3 CD 0 O Q O (Q N O C O� n �O o s� � =ow co • n O� w O N W °n 5'n» vO o°N O a Qo Q 0�ZY�b Q 1 z n d v n m 0 m O O O. O 0 O �CD v ° 3 � w .ti Cn mc� 3 a U7 O c _ Ncu C � 3 :E CL 0 n N 7 ° • m on n.CD oO Z * S (D A °(D � CD C CD � ° v 0 an c o . c CD o ° C : nl< o 5 D 0 CIL A v w W A 0 :3 'O 5 =r r- E cD O CA C R c =r ao o °° Ov m Inc OO - m ° (A Y y n o O N m U ° v o w O N O ma O m O � p< D (D 0 N . D *0 m fD 0 � w �N ED =r 3 (D O CA C2. Q W O CA N ° N � Z 04 � d Q oo cu w o CD CD� 2 ° � � � CD a _ C3 `° W `° � o z y o < � m m � U) <<' o � zQ O 3 C =• o O 'w CD c° O w co N z eD n j �' N a o -Ci G" w 'C y cDnC7 ° m ° o � td . cu � b � r ° (n CD N Q 0 v w �, w n 3 v cn = � C `D Z f ° (D e� y cn 0 CD 5.cn � N' Q co a a y r. co A Cn c 0 ° 0 0 = ' o � M °. o 7� 0 I Iw ''dA z CL 2- 3 °u O y rA CD :3 ca °a o o N o =+� °O v .� m 3 m 0 CD CD rn � c %� � ° � C" s g cn c n> N rr � - cr 3 m , ;:w ' 0 WO a O S c C> � A f (D N i u in C/1 Z c cD w O < N n DJ n. CD 00 N ( O oa �I < U) 3 N (D (D O CD CD O �J A Q �j (n 70 N - O v d "` n N O 3 (L� o O — O CD X � '+ N a ti OD () K -^ b . CD Iw CD C O. rn N c a c 0) .c E c � Q 3 . . N o0 mo a ¢ aai � c o �° N Ci � oo (u o PIP 0 0 LO z rr C C U PPC 3 p f6 Q a) 0) L U p +, f�C N a L cn U •C T } • f N cn C Y ++ U C `- a) CA m a) �-: N c a) (6 (a 0 0 -=O f0 C Q Z 00 O 3a co mcC oER � = (D a Z 0N00 0E . M. o5 •- MC Q PPW cu m cu o3E . o � c m0Q 'E000 m a r rn ° � � rn � ° 0ac°a Ea) .2 � ao o c Z caoO ' pc Q CD 0 -O U .L� cn Y a) ' O N a O ca C) Cam • , a Q) C O _ _C c�U to O p O O _c E Q O C O a) p U O . C L O 0 7 (� C L C O U) C +- U N O cr cu rn � H m m � c Eu) o L a) L a) PPO U. °- � c O E m >, � � ' o r m O .• in +' O C p N cn N L a) O Q U (B >, O cq L 7 ` L O O O co N N L OP. L >, O O U N ` O U a) a) N a O a U) p L O tB cn . O > L Q - .c�d O _ N S L cQ n Y U �(CI •> N Q 0 � O O m � N N CU 0 Q p U)C O L L. O N L O C _CO N cn X E O N C a) a) Q E ° p a >`p M O c a V O C Q f (0 CL 0 +L. .Ni .0 N > E— U U CA cn C ) 2p C L Q) ' C c6 M O L L L a cu O N a) M0 E a C N � O CS N fCf c 4) o O O p a) l O +• O N p (4 L (n +� to +- �G to 0 a) Q O cu L E2 >, O) U >p L V 0 .0:3 Ca 0 PPPPPPPb a ! •cn �. aa) •- cE � a �cca p acvic ° `~ N L O c L ° p O a) (n v- (D co cv m o cn � Q c a) U) O > >' U 75 � � p l y Q � «� p > Q C > O O J p a) C N O c O Y a a) La > O Q o � 0 Em °) mc � ° cam � ca � U ° '� cL .3ai .. o cn .. OOYY -ac � XCn c�'o = . a) a) U) COOcn >, >, L ° Lim ° � m 0 v `0 3 � rna ass C . . c E c>Lu � � PPW ojQ ° 0acic30 ° a) aNi � U) cca coma oca � •� aai c `� cu c a) za) ca caai � � �cM > � 'mO ° ,?' ccnn ` : 0 0 - ° � 0ca) � � � c am _ U U M � ,CY OLa C > C a U O U a) p CA f0 L >O C N � J Ca m o- "= a) 7 E ` Q O O p C -P c .c Y U o 3 C o C (D � C N a) L �' J �- (a O 7 a c0 L O Q m a) > J .0 a) � E � o � � 0a) E � ° ca � � LCn0 �+ ° � S.... n .NU J C7 ` a) . a) r� ` C = C N ca C cn } cd Q) C cn C U) >+ ca .�0 c:ai u N N 0 C 0 LL 4? E � Y O U ca .�' U 0) a) >i — E a) ° a Quo ° � c c op E E cao ° UL ' L a) L . . Vii% c � N n ° E 4, Q U a) L V >% — a) U •� cn Q co cB O O E N > a) +L' p) E E ° cv E o U O E E1 0 E - t L C c cn b 0 3 ° Z — N y co cn ca .� — ° Q Q a) v � � � : . 3a ° >. �, r � ' cn �c ) o oa m T °- a) m '� 0 a) c U O CA Cp >' C 'C C Y U 7 N rL� Cn = L N (� 3 j U ca 7 to O � L c ca n a) ° cc n) 6 ° a) o N � c�n E c E c � s oap am 0 0) E "d C3 —j c > a) EL c ° N E p � . N O c 0) cn c� •Y caU � a m ° - � o o � m U m OL Cna) Via`) in w ° ° c Uo � c ° � � � � � » o ° c`°ac) EaNi � ca (n ° � � Nc° oc � � aa)) a) ooU CU c ci ° UFO .0cna) � LC -0 cn � p cnOQa) c X U ccn a3 °iU o i 0 co c U 0 w `nom a°)i °) m 3 0 m c0 'ct m Uaw c O �i >, � O ca c0 ±. a) O E a J O L U L Q t LO (D or— N E� O a) C to 3: .0 ) :� o = L O 3 p Z N 3 J r- CA M ~ X a cn O � N 7 U !� a); +- g o. E cn cv U) -0 �_ �- 3s«- a) U O a � a m c c a) � a) o w ° � ._ v N L 0 p cB > C C c cn N N Y C L _ ° N j) a) f3 C p ` c0 U U O Np C Q +, Q cA L N C O O a) c6 a) a) LL N >i .� >, E p O p O a) 0 Q L u) E � 0c ca ° c°) Y E a°'i ca °) :a L FLU D � s a�i mm m � m ao � oaio � ,� —_ � mmm �- 7 � cn a) c � w. 3YCa U) Cna o U a) +� O O O O a) L N (a ` �- ca O C E ° m C mCo cv ns U 6 QTU .E — F— o U MU. F— L v :" 0 U to U) 3 CL m a) Y o ca o 70 c � � aai c>a cc a o N N m o 7 M t 0 ca ° cn ee C O U co C ~ to U ^O cc a) N C L E O ,w IN �? Co a) L o L fl ' N 'aa as z pE� rC ` wtf a a a ca u `O p a a N N a N 00 U M ' .0 E O a a n CD CL tc°>o ev a ca �, cn O (� L oo , c° caa c � 3 occccho a) a) 7 � C N L CL 0 > O) ` N 0 U a a C C Q) a C 0 •L+ C cn 'C Oer N °O O N O > c 00 3 a) n C u 0 C13 L 7+ Q •_ N a C N o cn ' � a o c a E 0) C) C M ca o a) L U Qa C V 0 C _ ` N R y L C � O O a) v 31 � ° RAN ° M � aM ° �' Mcrn C. C a) �) a >.aZO0 + N a y Q' C > C Q ca cn N N C a) �>- 0 a) 3 U Q � . . .. cn O > Hm ca Z 'v> o C: F- QL v p a d a o GNU � � vi ccacn o caj a) a � a) Y cacn � ,F 3m `—' co ` �ma (D N N � � � o a) E � � owa m � � 0 m � IC � = U `n � >— f° ° � CL a) o cac° 3 � E- cn .� v) � c c'Ja o —° c"a ° � ca o ° E c d M > } C a N ° ,. L , ° cn � � �° a� W O3 � Z � 3caccw Q N E ca cn '> m O p `� O C Y O O a a) p C O >1 t5 N LP }c�' oic C O O Q E a (N ° Co N O m° o � c ocv � ° QO o � Z > � o > wcn o a v� o av; o Ua) aNO -a U) a .0 a < ) p c U 0 c m .a Q c r. 0 1— c a) o Q � cav � a � a) � a) Qom ° a) -0 cn c <1 0) C a O N O O C o f -C I4 ca 0 ` Q) C C co � Qiicu -E cna ° E 3aa`) taco U cz C! y N t7 0 ` d' ) cn M Y C 3 C- O C s C E' >' ccao oQ �- mC cE ;. cnLE � v 'caa) y a� C N ca C ca L cn +>' vi c ca « U U) N a) E L y0' ` L Q) M Q) (a Y C C m a) N N U C a) c `-° W ca rn nan Oa)O o U o 7. E L 0 � °• U) E ° o aj > a Y S c cn N c) ea � c U c`a kz p E cn cn ? c o o ca w 3 LE 3 c o ° Y ° O a Q � > O a . U o w -o ca n 0) o y . _ O. cm w _ (� 'i � L 0 N H C .�0. N C C C L O N G w m CO N cC E •C ° ca U '� .O 6) Q. a) C Q (D C O O M N a) 2 Q cc c . ° u) c 'n c co a o 3 .N o c vi �, cn c6 R a) ° coc � LE � E v ~ cc_) a) oo_ o 0 Q . O N E !N N (a X O C O .a L O O Q L Q O N Q 3 W i t7 � f— orn � ca � W � W oQ Q F— cn3v F- � 0ma0 ° -a --I C � ° C-) G) - 1 6 � S ° 0 --1 O :E CC) OM (D (7n - . • A-`��� a.`�"..• c na C) ° S lD C Q O =r fD CD ( p< o 3 CD (D C n (D J D ( C n ( � (Q . r ' (o p.p p cn S _O — O o N N C)' zs ( O CN Q O Q N m ^ . QO -0 O p p O O O ( = n :3 O �fD < Q S1'. A O (n O O (D Q p =r O(C CD C o 0 N � O O 3 C C ° p O A j ^'N CD = (n C 3 a) C n * O :3 n = C `<O 7 n 3 y m ° mo ° � ' p � 3m ( O oc � � v Xo n m n O m O ° N °_ o w a N ° '< c �. N .°-► ° 3 Q �' < O O c cD v m . n N CL 0 p (D (D (a -_, 0 N (D � � p O O � < � .� ° 3 O � O � � Ch G) O h o (cD ° v CL � fD � � _ � (n ° ° HOC v 0 ° � (c°D Qo � -a ° O m v x c s z � 2 fD (CD ° N p �' O � Q C N Q � C N (n CD ° 0000 . tJ ED 0 CID 0 :3< O (D C) O (D O =* O ~ (p' (D 3 S Q ° m a C ° N = S n N N O (D a (gyp -� N C O O N p A 1 a j 3 cn N O ^ m ' m'a CID 0 (D O 3 ° 0 — o � 0 s' � ° 3 a ' � cD --� N O O � p' (p X' (D .0 (D (D (D O (<D (D (D O � O N' (D " n Q O N O 3 0 p N Q p p O N p 0 0 � o ° 0 <° CDC ° s omoQcna ° � ccaSO0o a a i 3 � o mx- v 3 m � c p -a O o O 0 � Cc t i (CD x cn N N (CD N O N 0 N v Q N' O Q C O (p N Cn O 0 3 ° < O C (D m 0 a l =3 0 En CID N. o (°n (� � 3 ° � ^ � m ° C ° mOaa) 0 o `�' r,OOOO'l° a o O N N = o v O 3 CDC _ � CD cn 000001 - �' oN3 oQ °o c v ncDN uw a ■°- I x (D a — m7 '� cNZ ° m = -° � N � — ° Q Q (n Q O (p lD w o fD D O O N cn -� �' O 0 v � cn• (D -� 3 CD �_ M ° O ' =' Q = O N S X � m r A wn (D (�-D � N n (Q S N O N 3 0 n N p� j ° 3 O N 6 0 0 0 O) .n+ O < (�D � �. m A cc p j M � .n. En v ° 3 �. (D aQ0 S . eo � ! . « o CD 000001 �nm O 03 �• C7m o o ( '(° o ° r ? (D ma n ; N 0 cn 0 (c v O O C (D (D O =r cm O p ° � R cl) v v ocn (D A CD O cn 0 (D �o X d N O N x (D 3• (Q o .'� ' � c°DUCi ° g3 °_ � v33 -o3QO Q -� ° w ° . ;c o � " amc�DN003 O (D Q S °° C W CD CL CID° � ° �' N m o `� M N CL "0 m O C) 3C) 0 — O .ova =rm ° PO n c va p °n -o O Q. O cn 6 O D~ =r C oO CD 3 Q 3m a 3 c o p c (D . « °c �' a v m cc N � (c °0000000 CID 0 :3 �, 3 r. ° � <c w f7 Q 3 ° o CL � (D C rte* N `< O N' N (n 0 a O o E' O — � 0 3 0 � (°c Q Y � CL m 3 4� a } — as< j \ ) u � $ c ƒ # _ $ / a % \ / Z ° e cW » • � $ � Q \ � ƒ / \ 2 \ / / . x S co // § 9 G \ \ co a � k t k E [ £ k k \ � a) \ / . _ 4-- c & c § o @ ) q § 2 c / f u ct \ « � t 7 / � ) « ° § / > f 76 � / @ E 7 . / / \ / W ` k S ° 2 0 % ® 2 / > E � \ $ 2 2 k \ § « 0 § Q q . "a \ \ \ k ; a L y 2 j 0. ƒ \ k / k \ , 2 u 70 go cu 2 aj k $ \ � \ � CL \ \ 0. . E @ cn j 2 \ \ .0 t:4 CU 0 o § 2 3 \\ £ \ � ( 0 cu 2 / § \ \ Q) C k CL / > Sao 2u U) co � Qc om \ E \ £ 2 m % G ƒ Q / \ k � § a � t / f a c / 3 � E ) 2 - a 2 / & \ \ / % a) E \ / / / 0 / a J � O QQ < m QQm � .•+ � • • • • Y` O O '17 () .� � p � • • � 'v y 7' C) O � (D N G N w w 3 0 S O ; O S O m O 0 CD w O � ' < _ b o Q ail (n 0 w - '� c (C o ° � N Q C . 0 C :3 0 O s O S Q ( O m 'O 3 S N (�D -s 0 � ' w (� S O m O '.7 co W 3 �` �_ CD CD(n o v mo m m p (n �' w . co -e b m' n (n CD (°c ° w vO ( Q '. ma- CDC: ° a F c° b ¢ w (n (n w � y � ? 'oia s � cn ° w o m m o o (n m � - iw0 m z a a d w 3 a (tea o z . 0 _ X a e 3 w w O w (C a = m ,� ^ w c m S (a .�► 3 A ?; A in 0 � � ° '-' o o0 �' a B ° °. � Z. 0 m SC' N' m fym 0 w CD C (n Sn � a CL CD CD o m a 0 0 -0 :3 .< Q (% o N (n o N < n = (D y c �(PD(C S a m B Q q m � ] O e c Q S m O p 3 O O � o w 3 (n o U�o ti O rr 0 N m (D (C tC n CD =tnu a 3 3 w QS -' to r+ � � O ti 3 O CD Ei s M � m 0 mo CL ° A, 0 Q � n CD � c (n 3 m m - 3 s � � CD opt. � wCOm0 (� o Na k " c . w vc(ni � o _ N m m Q � D 0 0 CD ma(D � � c <CD E 0 S � op w CL 10 w ft CD w m - m (D 0) a r o ' w —I S = (A (D Nw ° � � m m 0`c' C° 0 w 3 CD Q A � �' eD 01 N (� CD N 0 0 <n L7 h —h pn O O = • N X S 3 O O • m r 1�J = N O m o (� w m ma < H o. ��s C C) C: a _ � 3 cf) � 0 m � � ° W o a . v � ,' � o 3 m w 0 (C m '» o —1 - ft _ � cC Q m �; rn ai f0 � d � C ° v ^' -a. o o ° " dam ° w sO ro NO -� O 0 (p c J A CD 0 0 r O C o m Q -* 7c w r O : 0CD 3 � �° Jo0w3 -a � rm O (D ^ o 0 � �_ m ai = n co CD 0m m+ ° � w '= C 00 SoQ CDv O w W m o ° _ O m Z m •_: A O p v w o a CD -a B aaa u' v '� Cn3o `^ � a � (n -0 �0 0 . x w C m S CD N 0 M O (/� O O Q. w 3 vao � ,N--• O X S C Q , ► L N (C A cp 3 CD C m 3' m w " ° w h om C oo m z: 0 o w iD Q CD N sy ? a - BCD n � o (n `n w m w �, 0 Z CD w Cn Q ° A C O a Oo (p w n O (n O a. r Q m O CL O c sz CD (° C =r CD � � m < CD � d -- t FD o (n : CD O JJ a U) 3 �. (n C 0 U) 0 O 3 C w p = � Qw ° w w-► w f0 a Yw ,n 00 y � 3 °- � , 0m a CD I �I o 0 r M > N c y Ln F" W c � ca to p -- .� ❑ 3 2 X Q Q a co a o V) «S y N O .r co Y Q O C 3 � O O > N C 0 0 L aci W aci i > �. > z W � � � o o • °" °°' 0 0 3 p ° a a 3 0 0 o A a co y A N a o a�i y a ..] W o A 00 c W ° o '� c U ° o " o Q .� ¢ ° o Om a- O c v o c rA = +: o ° °� o . . co E >, o cn U v� o � U c4 v +- O p y O p O N O a� o U p p p W z � aUiz z �- z >- R � z z z N W xI a XI a �I I °u' Q XI a I v XI X I I 0 3 j e� O .J ca u ' 3 0 a� •� a� o A w � oU � cz W) a a� �, +� �- c a� -o ca E c cc W o c cc �«. E � C aC •-a) E aEi � � b o_ a CO o O Q ° o� - Q N E U — Z o v � c° 42 > nW c N UO A cam ° Q Q .0 -tea °Q' � o •� N a � V Y S C I v cz ° c o �.. A o -a > CZ F,y bbA CA C1 p o, E 0 ri c� O ca a� 4•- u o0 3 E E a c N cn o s o o .n 3T a a � aocu � N o E N o a, o o o C) C:c E c o co cc cc u io N +. b cn ai N M L O � E v O wo E di I Ln += V Y cC O a p 1 C O O I F' w ...n '� N Y .� bA 7.. L O y... O z z N N N cz 0=4 CL In C C �.+ y E j y C C Q b O O a. 'p �aj H C '�- ' k y C N N C 3 U ,L, V) c a� � � �. V) Co c .� 3 � 3 � EA 0 o . fl a api E y y O ari o "= p O O cc C7 I. a O Q O .-i cC N M s� R cd N F - N �D O h 00 Q� Y _ -0 —I CD 35 � � (n — < a_) O O n cr Q (D a (D O N � CDD R o. y (D O O C S O N N 0 -• 3 3 p' w o (� Q 3 D fD � 7 — n (D A R Y a) S. CL ca O O m O v z a a R n O =3 C a) C N o ° O S O O v O w a s n O Q (D (D p O(n 3 c a) C� cn (D 3 ° .� y O N CD 0 0 O O X : O t0. C a) _ _ (n O n a, a) C a -6 a) (o 0 3 � (D . ' O (�D O C (D O. > > ° a w ° W CD a c N cn X- A 0 (D � O j a) a) ° (n O O 3 w . � n 'O � a v (o :� � � v (° c0i n chi o � � n u�i Q ? 0 'Op C U) �? ° 6 O O CD O (OD p °� w (° 3 0 CC CD a 5 CD r* g ° . M � v � 03CD ' v� X �m' S �n � 0. cn 0 " = 3 cc O CD cn cc CD 0 � a c TI to a) F) CL — m ?� � 3 �, mm ° 3v (DCD oGQ M CL a0) n. (n cn — o CD 0' a m - o la d N (D N a) ID 0. ^► a (o ..: G 3 -a (n -r1 —{ a N (n N (n co C < a) v a) O O O O D o R ' n ' v rA cn_ a- O (D C7 O � 3 (D ( ) a) =r v a C cn CD o Q � >. CD c -0 ° X =� � Coca o a aPOOL a C CD (D = 0 CD = co v O (D a) .. a Q (D a .< O (D ? cv ' O C Ri O cp � C a) N (D (D d 0 �< N N n � Q (D "0 N C N 3 CL a) oo (D (D 3 p d rcD, G 6 cn 'G 0 � v � o O � O 3 :03 ° ° d CD CD m ° ° Q 0 � . < ° a OP °' a v, CD N (D a (C — 0 x N v uco < � o � cc Be m cn cQ .0 =• Cl m -% N ° n (D cr .T CD CD � 0 W h o M < rn 3 o o o CD a CD rA (D C p cn (D O o s CL CD :3 0 0. o c � w� � 3 ca)(D V _ � CDca vac o CL a a c to c n ' � v cc -0 m � v ( o N :3 co)' CD -D q U CD cn 0 CD CL CD ol� a cr a) .0 0 w � 7 0 Qom _ ._� d �% p) p a) j N U N (D N N C o cn - (Q a 7 4� -s ani L ou a� o aj ca Co U C O > i- 'p O a0 CC a i O v • `� c p C •• ° � N p N O >> ZU O •� E O N 'b cUC -p O b V) CO 0 N C .a N .a U ca v) .0 N V _ N CC o L x d 3 Y > cr r DI ;Iwo co iQ) ao !£ a c cz CS � U •C . L ¢, V 1.J � v G N � c a E 0 E „ v co o t/1 a a� o a� c� a >, o L o C) CL4 L L rn a a) � 3 v o I bn Y 3 .a -a 0 o N > ¢ > C . O R C cd O p CS y --� N O, > � � � 3 a O U o a o 0 0 3 o a oo a o Q m o a i+ �' L. N U Z C cd O N Coo E O >> W5 C +.+ N ai N b1J 3 N U +. U ^� �c G cV, cC > 3 O C r G) Cd y co o o cC w cd o s C L Q o Y ow E (U o ca U yC o, ri Q 6 co o I ° c n to m °o ° c 40 U o � rE i` " CO `" X � � � g y Z Q I D a «i • • ciI ° 0 n Q =° on cq3 E O V) � 3 i .: o E U 3 n a rz UPI kf) co CD CZ r ca v cz U E Q E fio R o Co U ri o o as � °' o a� xx: ° i ob ° U V i aUi > C 3 Y o E CL y o s o o c w E O o O O ccoo p rn CO tkc rA co CN o o a Ln 3 � E E o" Q, Fes- Q O L n o 0 o v - o °, o o O cd U U N U M U 3 !t * d Q Q v 0 o o 000 w w � a� a 0 YY � C� l' b G0) o � 0 ° � � v`D`ax o o o. cD a al a ` N w ti o (D (n ... � , No taaj Ln (PD CD aaamma > pmMmal =r O ' CD 0 ` CD cD p OO L CA O CD AI n w CD Cr 0 0 O A. COD cD + S O A .0•r co W �*. a CD ° pia A w CD a p' O A � 0 a o CD o x CD 6 CD Cn CD � N ?: C ° o o o o _ � i � � � ' CD �i o amm,g o m w � ... CD CD O Q- 0 �D. cn CD n p w A W CD C N N . p^ oU r CD 'C3 CD � � y A CL n w '. C, 0 r w cD N o v a m ° a m CA -* o � o ° CD y O N CD A p1 "� n. N C rA O+ O Ixl � Cn � C" w Ct7 G7 •* .. o CD m O „p N m � a m . m ~. r" w m O. n D � 000 ° ta" w o C i n„ d CD N O '. tD O Ci C" p- A O (n fD O I m coo CD _ CD C „� cc pq .O+ C w p O O '* Z O n '' A ^ . CD C ...t lD CD N CD A CD O O ._ n CD CD C O w > 0 p < �7 � . k p � CAD < O C. ow iv O O O O O o B 77 �' rr d mmmmma CD O C� O PPMmal via CL mmmmm,O S CD G w N O w ommamaa T3 � ; n O. � `C3 C7 ' �' • F . o v ' on Y CD 0 cp 6 N v o c(D tA CD �' CD z c cD c? rn ::� C" 'MamPmaa CD N r tw terD � � A CD aaa CD CD w w c 'o cco cu o m N Q o r ' D Co� t•o t ama cr . - A o y °. o ° m CD � � o � CD El C-D of < CD cp Ln CD Qn 0 o(P C" cD O �, C 1 O ,pMma . qQ CD E3 O N v tD W 00 a n N N —� O C " y <CD CD r pmmma .mmmo . O Q= v �t CD CD n Y CD A7 C CD .�-' O ft W N 0 � O . � . t ' I bmaaama CD '3 N CD 0 paama . 4<26) C 'G (PD CD Z3 On C? (OD CD CD O CD w MI K (D U = p C a � C 'i �'• � a o E L o m O C O N N (d t3 v p X O d O U ° Q >+ cn L (0 of C O ` ' a� — C a) O ' ' L Q r a -' E Cr O E ^y Q 3 U " WW,WWWWW c0 > a C O . i -O O O U fl � N L X > O d "a Cd Q a a) > _ L cn — L O 0. V WWWWWW, a Q. � N 'N '3 cn O >- O0... ( Q 0) O Q C U) ^ �_ 2 M y O a) Z ct 0 O W c � a) 0 c . WWWW C rn r O O N "C M > a) y a. L >% W - U � m _ O � L rL+ (0 U L O C Q (D C U CL a) vi o p is c a m tw � 3 ° o QW o c CU a)o c .o a) o o c F' Q .n coi a) SZ � uoio � o C '° en ° ivo � = a��ic aciE � o ° L '> vim) mCL >. � � o � � '- ° ,� o = d p fi cam � '"/-� . . — U •- = v — ° o a a� 7 U a) H O C c? c . C N O L cn L C7 0 � ocnc 3: crcr a cca U � , � o ; CS WpW- U) WpWWWW CD 0 . '> 0Mcu .co a) acc_ o .N oL � ! � u � ° a ° � Lm � U o ° c > Lo O L y o 3 O C t U > o °� (n U O a � V i � ,� N cu N (� a) > a) v c0 ti — C Q C N — N �.. 25 Q � �' o? U c o ° OL m w Q Q Q cn a) 'C N O Q WWW, t4 -L A .. c`>a, W• 4 O ' °O O L p cu L a a) D. o a o O CL a c O o ce 3 a) _ O C 'a ca � 3 � c ' C s0, i C N N L fn d G oC Nn a� rnp N � cn Q fa c v 0) W a) O c C O cn O C ( 0 y cn3 " -a C _ cna) (D E O:; � U U _ �E� r L.CO "a •� a) O Q c O WWWWWWWW WW, WWW, U IWWW, C + N N a) C C > -m v cC C� a WWt c:V a ca s z a) ~ L C cn -o O '� O U a) � CA 1 WWWWW,WW v o i a) c m c '� o O a C Q cyo cTi y co > C Y7 n +L. L) m a a) +N. -0 tq cn O ° v fi e L rn ° -a C L O �, ca m a) m 0 -0 //� a� � �� ���fffaaa nn�� nn�� 4 M a• o opi C O N Q � � � p v L C N C ¢ O ` E 0 U LP a O. Ln C +_ O c 0 O a� � O a) a O a a) C � oN Z co3 � o � � aY o o ccn (D ma) a) Co C a FL >, C > c a) Cl) m" EL WWWWWWWW 0O° a w a) aw a) �° oo ~, C a) 0 � ° � 0) -0 a� v C O a) > Z � r f6 N a) a) L a>i v Oa >, O O m C O s a) N m a) w O U �1 = n L >, U o) .� C Q n o 0) Y o cu O a) > m L V; �n i C Cn' O N � '_ � C N a 70 O U R N a 6 . WWpWWWW m . C WWW,L > C O O A 'a O cn 0) (L) 70 ° a U C « ? o CN o� ? o 0 O w a M >> a c O V) . a O CI u O • O ) cc IWWWWWW m p O c a L O C a) c:: O .fi t� ° ` m .V N O cn WWWWWW C a) p) to U L N ci � a) U o �" j fi c L c ° C L Q) L O U sma o 'c r E � > .0Q a .� oa ai °_ � cLO. me °o °) E a s ; Tv o — a) a) o a) o ; o — ° o c o cu � o L a) c� � a, � . 5 Q � cn U � U L a o Q aaoza a3 E 0 C CTac;; DS b =7* CD W E ° =' 3' c) 30 0 cn D 3 5m 6 -0 (D O � cn • G) 5 ' � b N Oa A CD c < �+ d ^" N N < m C CDa �. � CD p o 3 C y m ° ? (n m m O v a ° O CD 0 Q N CD Cp N k cu _; n Cn CD N G <. C7 � �. Q o m n Q S <o D rt m Q C _n. N O N to p n• w U) CL N N N O ° sJ _ (n a I* O 3 c 0 `�� ^* N ° (D CD N N p .�+ ° 3. CS N � ' Cr .n+ �° io cn ❑ fD Cll 0 7� O N `�° Zs p �7 a m N .� ,rt + N -� C Q : C O (n 3 m CD N � ^+ C O O Q � � ro h 3 CD M N. O ,M =' 0 3 — 6 ti, rt cn �. N a A A .7 : A ° ° cn a. 0 cn cn N ° .o m Qm =r ° 3 cn Qv . o 3 O � o C ° o j o mnc -a ti M o C C cn ° � _. ch v s ° � � m (/� 5 ° cn o � 0 o co 0 0 0- O m s a s O N CD =h �. N m N O `< c CD c Q h w A —I a C) 7 O .+ < < O A o A a o o O p . � p a v n (� .•-r O s y 0. Q '—�", S = O ,,.n C O m C7 N C CD A o y 3 u) ° a � � o ' CCD 0 3 � D m p 3 � � 0a o m < m � � m o D � h w c' � _. r ? Q � g3 o N a � cu _" o 0 CD (a o o < ° a ? M N O (Q f n CD a O c �' ° N 3 m O m m p < - n p O 6 O . �; 0 j CD C d 0 N -, p o A r. m m 0 CT 0 m Q m iv =' N C CD N m w Q3 v m 3 ? oc w ?: m � v < '* C. < CD � 3 cn m 0 ° �, � � cn t < Noah ° ro ° 3 � cocno ° mm mom o N n . o `° w � a g sm � ° Q 3 0 �' °. - 40 o n a cn CL 0 3 C) m Cr N a S w 5 N Q C O O C) (aD " ' O N a- =3 O C. CD m �' —+ cn .�. o = mN ° cnmm ° a0 � 3 :3 cn m � � O � m s A Q � a � n � 0 �. ` 0 _ ° CD 00 °� o' o v v umi v m o - o N v ? m m n0 ° ° m zi, c a (C) cn -« � � a0m � � � mo0� 305 co M o o � � m � cna =1 (n a m a n — o %G o m o c r. m ;� vm � Z cCD 0 � " fir' o c mC `° � . N a ti a i� ' 3 (D m ° m 0 3 II' m 3, a o . N O 0 U) 0O ° (n my ° m << Nacmn ° O � o aaa c » Q -0 cn m m m m ° � 3 cn3 Q - ° �CL 0 CD CD 0 0 CD CD cn °' N � w mm (Q �. o (D CC p -U CD O 3 cu N p � 6 O m rp' (mn CD 3 .0 0 0 m Q CA <' o• o rt m m n CD 0 Q cn s —I < p a c N v D < ° sQ � ° v • C7 0 `< � � ►- � 0 env -o 0 (.0:3 o < x m N CD v m o a CD CD— (n � � o m r. -* m 0a x a � �s -p 0 0 n tT -1 n 7 x N O S ca N p a O y k A CT I11 _ ° < m v, � 3 m m 3 0 � �cn f9 3 z. CD eD 3 =r p O ^� N CD CD m S N O O .* p Sv N C ►�*, a o C p' �. O `G Cv c cn O N cn < �' p co < ' CD ^s m 0 Q- -' � rn (D nw C7 �G o CS Q C 0 � G O (mn C N p W " ° m ��. =' o �_ p m O N c m O m cO p a O S p Q 0 DO , O `° Q N p o o QAo p " a rN o 0 7 m Q M -0 ,�C r-r► 3 m c � a . Q . . . o � 0 _Zco. . . O Q (a C m ° � O G O r O Q m (Q 3 0 0 D m m m p a D -0 ? C � a) cn O y n 3 Cn < co n N °• � � m � Cyompm � � OV vao � m � ao � o cn CD w Q = / f CL CD _ o wa v as 3 N m . m CDa m o v X0 3 < n c CL N '* oa Q3 Q0 am a ° c0 cnmmv 0 z N d " mo00 =3 < cn mao < v N N ° (a. v m v m o — �. sm •• � cnm — O ° -o < o CD a Q � � g y CD 3 IZI °CD a m o 0 °a cn CD E Cr) �� � � >' O a) C � ¢ E 4. 0 L %Now N 0 w_ l's L O X ° ° yr ._ O O N N Rl " ENO Co I_0 CZ L 4 WE U to . - O ER Ct a a) cv N C' N a) � a) Z 0. IS4 N v O L C (B N OF Y O Cn a) Lo On o �Z a) tr. O 0 O (1) .0 O a 3 .se Qk� "= .0;3 Cu a� O) o m o � cc -1�3 r` 'Q -0mL) r N (III L O N L O 0 0 Q > If -O .0 NO .` C Ca a) � W 0m O E E ° ° c� v°i ° NN ° o O p � E CIO � O Mm�C0 Q v J � ` N� C O U 0 Qe3 a) d ZS L O . 0000 ITIN ti o . Lzj (n "' U a) V G L £ t dK •a fi Y E a) N N N a) f, N Oc � LLc 'rn0. 3 � c0 3 'Ct ar. m -p N U 0) 3 0 Cn -O c Cz w c N ° � � 0) 0 C E r a) N y •N O c •r_ 6' o`n o E � c0 :� � U 0 p 0 U U «J a) Ntr. a � 0 � o ° ° � ; cNE ° � �Cn Y > a �' � m rn ° E ° m '� N a) Cnn C o 3 o E Fn cN a � � U ° o c L > Cn ono ao � � c'a 0 3 cca 3U `� � ° CIO E . W � a) a) E Q7 00000, fA)Cd s a ° " Y >+ OZ cr m j E o 0 y O O +O•+ a3i O 4) L �, E O ca OOM 000,fl C > Y 3 r � a) C m � ° a� 3 � y a) ° ca ° Cri � °c ° ° EEvi o, Co rn o ° N �°' O� p C0 a C O > o 0 0 L rn :_ 3 a) U ` 70 c 6 � rn (D � �+ >. > C N t/1 � (Q o " a) to Co Q U C � •� +. y � m d 0,00.0 Ca D i O 0) � N U U (0 C U 3 U L � 3 � _ � 0) cLE -a 'nom I a v c v w n E o m o vi °n � � i > � 3v 0 c U � ZS :� Qa� c oo a p of v o`n c o . � •� n � o > N ° c v Q 00000 o c 3 o � � .� � ° Y a0 � U 0 000, CD c +' y N Y C C L .0 -0 O .L C N > CO4 �� o E o z S o O � 0 0 0 0 0. E ed 000 Cr JC E i • • F- .0 .E • • (!J W aQCO (n • • c -O m o O -D (n • • mod cc p A a b 04 Iiiiiia O < -, < O a C _ (D CD O o CD k � 3 v 3 s � � � (D v � � � � `U `C m 0 ... � o (D O pi p ►� C ° v c — O O N . O N c a O v 0 -0 (D (Q O O 3 (a N a O ¢ co CDi A C Y o " 3 a (D C N (D (� v 0 0 0 io n O O w cno ti O �" n QO N 3Q (D n. � tno 0 A '.1 O r rn N = O = n N a ' p• a " o (D Z —_ (D 0 a Q _ O (D v � cP C r0. O x cn 'Z (D Q =3 O < o 3 O (D << (D p O O ?� fD N N O + p (D 3 O > > O 3 a pci m n O v N 0 Q = 0 O rA< N O O (D'a a 0(Q m CL -0 0-. m (D D �, O ID Q Q co in =r CD (D — (Qz N' � o ocDr: CD CD CD CD () 3m � � a. � 03 aimN ' a03o CD C7 0 N N (D 0 (D O a p y < C (D N Q O O 7 .+ .» cu O (� N (D N a C_- 0 O po 3 p o . O � . �p O n O C N 3 (c 0 0 0. 0 CD (D O' o � N 0 CL(D �•� N o CO a, o ( C O (D Ort N (a (D S O 0 .�0 ID (Q O (D -a C �. CD � O 3 m w 3 'C � (D a C N N 0 -0 0 C (D 6 � , n (Q < p a: tro co �. (D (D (D co n A CD CD CD 0 CD cm O (D 'd 0 p O O C O S O' O O • cD tv (D (D U Q CD < N a (D d on � 3 3 3. (D C 3 k' n n A o z O N (D O c 0 (n A v cp o CD CD 0 3 at 3 O t v N (n N 0 �- r co c 7 �CD 0 Mt j n. A 0. N D O D a? co p C7 v � w � c (n6 coZ0 � in CD CD w CD ton ° ton W (D 3 v C CD S4, m o eD 3 CD y CD -+ 0 C - o o m oc 3 Q a Q o Q o 0 o O O o .+ C co c (7 y 0 0 i -O y D a (D O (D 0 0 A ao NO NO O (<D N -0 N 0 (p 0 (a N + (Q O O veD .+ C O O O C 0 CD (D (D (D 0 a m y co a Q C- (D n n N a 0) v O 3 _? t°n o� 0 j to Z N a CO O O r. 0 . N O ' � 3 z m . N m CD �u O O c O � � C � • � (D CL (D (D (D (D O v G N N X li • N 0 O co N ' N a (D N _— .O0•� N m (D CO Y w a O OrQ (D Iw M *�aM c , ~ iar `€E (€ V O � C ca � � E i� f�' E '� v�W O T W O , O ti O 0 ZO N Cf) + + wo o ' -0 cN A ,���jj€f� € a. 3 f,., , f, a 3 0 ~O r XH N y U C (� ti c0 v y y y h am U) M L, N a p0 L. p �i O C iffis Q E€Ep — O N b f O p "- 4) mT � 3 Iz O a) CAS h � -0 a) O LC) v cc ZZ �, y � W O O Zt �. CL U Y to U .— cq C O � y 0 a , +� 6� ce U C ca C p) � •. cu U o 0) 00 "O >% i. cyC Q � �-i i(;u� ' •� eC �; ¢�i O 'C LO Y � p cu Q b a°i a� no oUC Cj a ^ .. z 0) log b U � i C U 'U) }yy a rn A\ zz LL CL 0 0 +W o a to .. ° -a •� w (.° c c o c a� c ( ) ANC F" o � a) a) E Z :3 ° O o a� ca O O L > !n U a) +� Y y Y O ca O j O ( ) C � .J a) cn ca U L ++ cu vo a O E cn E O 0) co O .d aai a 3 3 v- C -0 N d nroo d cow- om v_' 0o - a co WIZI 3 UcnoffE � __ ` M 0 ° O a) O O 0 N a) r-+ U +L. cu - � � Q O .. E a) c O C C cu > (� — . - C Q. 0) Ply 0 CU I--I R. v� C) L C E 0) U) a) p) U) y v C7 M � , C a) 'D C E C a) .0 b d � 70 cu•C C '-' a) 'c 0 in CL cu C rA u7 . i 3 ai w cu �' x 3 'o uJ � cco cU a 0 r. z� � o > E CU . v o o � N (d Z O ` O ;0 co � � ;° � • a � � a) � cu � O � � aa)) , cb U CC bq b U C U) U) Cd M Q a U a) a) 0 O V 3 (o C 4) it H CU a (D .0 a) a) U) 70 ca ca '� a) VG t 0 0 °' Y v ° v a) O O o a ° E a) °) on rA a c a) O (n Co -0 N 0 b 6� p O u c� b E y 0 cc �_ C O u O (II �_ (U rpi Cd i O 3 y L ca u a a 4° 0 3 } U c m U a) �- c C) a 3 0 b �, H � � � ° c c c u) -0 E c o Q wIL w w .� cn W a IL o of � . . . � ►v 0 M m3m3 m � • � ►d . 0 n CD =r m < rn (nva �+ WaCD m � ? � 0 It � � Y � C o (D o b co CD 0 O 2 O n co h m b p ' * a O CD W _3 co ' n C S cp co C7 (Q (Q N CQ w w m O N (ND C < M A: W (n CD _O_ (D O h $ w o w CA CL 0) `� �, � : � O as 'o o. ty -' " `" '" (D 0 O a (P (n 77 M A ^ m 0 (D W n o n O G C " �, o O --i O �' �. '. n -r (D (D (D (n n (n n n O O 0 C TI o _ w CD (D -p (n CD CD (D O cD '" O N CD CWj A co ^ '"' CD C1 (D O Cll Cn CD Dm � ° = � .a Any ° a, �p �CL cn co � � ao_ 3 � n o C n � � -] W W ((D O o p a A CD < oO Q N. CD 3 N . -O p ("D .0 b p w 0 �. 3 A A w ?? O CD (n O O O' fn CD A �' o w c"u " � p � A a z � C am, n Cn a 0 r^f � W d � R '. 'C b � W C1 N W A O (J' CD CD W CD (D y b 'C .c� .. .. . � . O (n Z O O O o o z �° A' " r cD � � °c r. Z) CD - ° (D CD Z .� o t .4 ft Me je (D CD b � C -, W 3. mn p ? a c �. A p a b ° C (D (Q vWi A zs C W O < �. O n 3 cn — A m t3 CD n' O (D o' cD :3 (o n a ,�� o C Z C W O S On cct a is W Co o � n- O .v (n a °; o t17 d b O W N W p coo n M ?i n C p CD n ti CD bq cD b O 0 U) p CL s p Q `< D a W p ` m CD O C en o CD w CT W 0 3 m O b c� ,. . CD .� p — W Q N N 0 WW CCDD CD O A CD CD CD 3 -, �. BCD Cap n O m � ' o ' y °' C (n W p co' p O O N O W CD cj o °r 'rs O b Cfl mo (n W ` �' o n (D O' O A N' M O o `3 m � W �, � �' WO Vmocn = CD 'CD CD y '� pc CD (n W d0 " (D 3 — CD W . ' W (D `' G o ' d 0 CD cn = a C O j' N p N n 1 _ fn '+ N -� r-« n n O W Q. CD CCD cn O w CD 0' � W C) W 3. Q rs � ^• fn CD O O CD CD 0 W CD O tti O cc O (D O cD O W ': p a o `d C: O fD Q n �A C O OO 0 l35 � CD a. aO 5• m CD O m y 3 5 (0 (a Q d C � � y � CD O O O O O O � cn w (D r a 0 (o cn CD !* (n (a ?� co (o cQ (o Oa (D C7 Cs. � ro d W C. r� cD O qQ Wood CL CT CD CD ... 0 2 n' o CD O ? � �: o W a y °' 00 CD W (D C� O. o� -- w CD moo. W o o (n W p ° rb b0 cn .. • •- (D W `G `� (ED 'z„ru W vii (n . W CD _ CD O p .- 3 O a o vWi f-c CD .. . O CD W 6 W O ° (D CD 4 CD M w cn CL o' (nO CD (D O 3 p 1 M CD W CD CL O _� O 'O =3 (D m rh Ik t S r w C) (� O (D < cD 'CS �� ' D C O Mel n W ¢ CD 5555' .p . y 3 0 Q dam ' r o” o -h (n CD ,1r3 CD 0=r �+CD 0. MK3 '�i^3Y 1.w" ' I WARE N Ras .$g cu cu �s X o 3' O �a ° + �R••� o ��r�, '�••_ � l� b Q � .. C cu cu at fw CA Q Ix I C O c _ zo cnfn cu vi cz cu a 3 F" Q O C CC) 0 > cu a) pC N p o." .• cn 0 i••i �; �^ W m CQ N C k wW" C z ca O H V U ca r �� ca 3 � ' C d ' Z � W, c W� p Wr O h tai) cu a) H , H' cA O ca I-Ow"0 a� cn o c � � ha' c z7 �, a $ 'o Q o ° o as O ' o c � zA v) 0 .c 0) O Q ° cn a) .� ° O O U cn N N r C L E L fa CA c0 M `�' +4) U t o O O L L C cn T C ° C co 3 cv � YD ` c`0 y y a) ° a) can 5 co a) I— N o fi c >i a) L +• 'O � o � c3 � ca a) � � U .. ca � � }. o � c cn � � � � � a) O ° cn c >, � cc o a � c ,� � 0) Cc � L 3 00 , � °' i � � � � Y U) O c Q Q v E 0) CU j o ° .N � � t E . 0 CU o ; `�c° s a O ca � vio>f E aO rnc C '� ca o° o L ° a � i a ° � � � Q m � � Ei in od a c O U O A° a) O N a) -O N O a) � C3 (1) N — O CS v C ` a) Z Z a) c a) cv c +� a) ca (n cn co +. E O � w ; ° c � LOa) � a ° � � L o � } c � c"a � ? ca) o cn ee o fi3c m � ) E E U Z! CU D 'c �a) sz , . a) ° 'r0)v U 6 a u° o — W O ° N °) OO a) � � o > co 0Q o a) 0) c4 - ° tec--aN • � gyp ' ca o y 0. � ` °' o m .o o aa) U) U) o a0a) cn � c � m30U) ccv sit Q Ci (0 U O L L L L O O c0 u + fi +J ++ i` Z cn cn r ) C U O � �— c0 L tz Z >+ C3 C (6 cc cu 0. y V) O "O !n i a) �G C O + cn U O C . — 3 F i Q T Li N C� ° a) a)DO U) ftz O O V U O $ o o a O '� C N O 4C-- o o '� N 0 E O a) ` s O M O �- CA C E L c4 ,�, N Q "O U O i ° O O p N cB c6 CS a) cv N •� O s—. Y E cn O yN- U p � p Z C > L w C C a) CA En a) a) v— +. —_ 0) O U C — C Q c p� O = U •v O C Q O O E cn 'V ' E c0 O N m C ++ C 4) C co o Lp, a i d H '�' '� a) `O ± a) C .i i '� 0 N O O L cv c N 'U c O 'V d N 0 W U Q p c0 .0 W C0 -O U = N O a) a) U N ." C c i o a o — a) C to L N O E = O U 'O _0 a) Q co L m a ar w L m O O N +. C O + U .� O C L C7 Ct O •C • • • d N L U Q Q L • • Q cn . (n C O N O cB a) .— • H + . E Z p y • • rd y 4)cn 01 CD 0 CD 0 (n (D r; CD 3 COD O 0 a �. r" �• * t3' ° m m v v �4w k (n W — v O N + CD CD y n• ;3 � . CD CD Dq ". CD ^. on 0) O C Q ACD p O C S (n � � 0O�A�..� C^1*1 O (D j p O 'o O cn (D (D O O 0 L4(D Q4 ZI =s O v c Q R m ° (n (O O O 0 CD `� CD '+ w o v CD Q) =r M a? ° C fD b Q O N CL n jJ N cn Q ° CD A r� lTJ w C N CD ZL .� 0 0 O :3 p SL CD CD r. (1 (p C O 0 CS cn (a 0 Z O =r ° CD N O 3 O zs "B O w A. iw 0 0.a m m ° r• CD CD 3 CD CD O v m °' cD A (� ,., (n Q C n CD i. . CD W CD CD � � p h W CL ° ° CL << o CD as a ° h C (n Q m p w Q . ' b0 w j .' '. (n O N In N O ° CD 0 m r•CD CD CD y ,< -j m Cp m n CD p C N CD A- � x .3 �c CD CD . CD COD CD [CD m CD (fl '-t m A (D 'z.•• is m CD r• m to r rr 7/ 3 Vi A �eD CA < W V� �K <y C m Er > CD n m A rA et m m m m a a. fl. y ¢ \ iii V'- is <y r d 32i W I 'Ile MIll CD CA ► j En �-- Z u rte+ /1 WWR e , CD 3 n CD CA CD Ile I te CL CD CD A n m C7 P� '� r�x- ? �• '•� CT n w C7 m' m. Ile ow w CD CD D ry I^.h W O t 416 r M Ile VI 40 � 'r M 4 r yy V r ro c �Jy W cA♦ "A�.'sn U � c gs U VU 3 c {-7 O z z- y o bb � k N d- C FIE ORIN b�A ' (co 0 >,"I M Qs Q) w x V R ? > N m M74 L C, O w w W WH C %3ph , 'mo � z � � z w em u CIO �w w > O . n p p;. a) W z ° z a) _ O .1-W 6> tm 01 0) wo ' 3 N c cm ° cn O O O O (0 0 0) N ° C @ b Z fi � a) a N y c a O 'er Jc C �+ U O > 0 Q U U M a) co C (D 0) a) E u aj U O C O A Q ` cl) fi acj +0 (o > cn O C (� (B O v + U Q ?� C Q) C E a) C .O+ a) C$ �. O fi .� O� U N O C .0 U U c o O ° ( ) a "J ~ C �+ ro W) C Op U a) O 0. s c 0 0 6 i. O ° U C 0 fi fi "�- N C cn 'z o: R q o"i ° o a) co �- ° 0 3 c C ° c q�, w ox .� o c0. � o "� � cu � M0 .r s o ° o o 4 �. o f cn c - } c -a o c a� v cn ¢ 0 Y u q � Q c°n � C 'O � N '� 'co a� o 3 ai 3 F o to cn co bo a) in o }C: M CL cn �i o o o � ° � cco E y o ° Q ° O coo a� v v IIIQ> q SZ o � .� lz � � cn a� (D aa)) 'a c w � c� o� c> a� ° a> > C. a) '� ° 0 ea a � a � C a�i coo >. - m 70 NIZ t- > a ° a) c cn 3 a cn a)° r. C o s � ou a) ° •o m o°i �' cn c a) co c � LL v � cn 0 a .a76 Mam a) > •- 0 + � mo 3 [ ee o i 'i 0 c o i '� ° � c a� o � o o G C o L o q U U Q ;. a) 0. �i U U C O E co cn 0 E a) 0) is � (� sue. ¢ R. s o�i ± ° � Cl C ° vi ° — a) -0 c cn fi a a� o U � ri TS C '� a) a) a) O cn Ct O c A ? co '(0 3 +� ? C 0 U '� C C C O (o U U N ¢ R. y O d ,U O -`0 0 > O O O 0 ° � � . s a) a) � s � � a� � 0 a) a) • • • d cn Q o .- • • I- cn 0 F- co F- c Q m � • (n a 3 - 3 (/) Imp 0 ° oCD CID o CD O W m Q W N �' S1 }c O �� — C CD 3 O . W cr? S o eD 3 CD j n O O A Mai n CD n < ° n W = p CD ' W Q (0 n CD � 3 CD a O S O C a > Cn n (D to f0 0 a O0 CD (D Q � F S o eD W O_ p R' eD � 0 .c' In w O O Q n 0 3 g e° `° N `" N Cn � ca ° 3 4 o o n m (Q .� Q n c o � v st °q g n ° 0 CeI 0 CD 41z O CD C S �. y O C W Clp C ? fD N N Q Q C ,� t3 -�` " •D c0 C A� 0 CD w P000l ..CD CAD CD (D O ,�Q�j �. p S n N (D CD O ^ iC O N O CD 3 N' _ CD ;« O CAD CD y O W coo n fl- N• W CD S 7 Q N n '�► O O (D Q Q v N IIQ CD 3 CD LD CD W ^O_" v Q ° O w Q fOn b as mvQ, c0 0 " = < W � � t0 ' N iO ° ' Q ° �Q CD pr a Q w � CD v O Q CD (D ° (D CD N n < O Q S a O O' n CD (D Q. CD p o C W ' . � n CD _0 'C7 S _� O O n A CL 0 FD CL CD CD CD O N Iwo CD a• o N O W .C+ O np S p� o N (D 3 m O p w 7 O n ° 3 CD j 5° O CD_ CD CCD (D CD 0 3 O 0 ; O C y C 70 ' O O O ° O � (Q � Cn p =r '4 co W O Cn O ° cp �. n 544 P'J m Q .ED omn N CL CD C3N CD r�r �D d . r ° °O m w a 3 iZ co N ° O w d b r�CD �' W •O 3 y A ' •� A 7 e••f CD - ICI ti dA� Q � (D � � � � � w W �. C -� (n (n N ^ C g a s O r§u�. C .1 O CD (D ' O' �< O 'Z a K U "3 m N < Q n W C7F C7 e.r 0' v o o o c iJ fD Co CD Im CID CD CD 0 Wood � p CD =3 n CDC I IN � o CL CL 3 W ° o CD ° A ee C j to X a CD cr omv, 3 � ° o W m p W O O s � ra -s CD ' � � �• Q •, N ,f ` C CD C) CD .+ O (D con o cn o � Qv CAD Cp s °'a cD < (D N n "0 O o ❑ °_ (p (D Cn W C � ' C In %D a< n N P� ',+A �c c,. CAD A� cr CD CD CD CD gym ° . — C Cn -n 3 �, OQ eD O ° X w 1 S M Al oM A so k .,, , ul 1 , wLI-- ca 0 cn �Nt s Q G wet E IxI Q a aW o ME I w: till ZIt QZ �z MEN Q= A= R m w � I U 0) ca — � .� x m o � aQ c c2 c a S o N a) a) (n O, L L C C i U � O O C ` a) 70 3 OL 3 E a a o N c c '— 0 c Y (n �° O(n 0 o fi ca eo co c O ca ca CL ° O -� o C C: '� v O � U L � cn CU A ' C 'y cca N cn � a C N fl c cs O cu c � oo s ocnd c � „ � ca = c O c U of C — N N R ` U ca � i oar c � ca —° £ ooL m � c � ca ° y cCO ca ` fl > by L O N O LL 0 34 0 70 O O O (a "O N ` 3 _. . • , .m i O O C O C L- O O N x O L j "- a�i ° ti O 3 L L N M .C N Q rL- > O bA ZS O O C O ° o> (n >+ O "O fa >+ N U N u E O csi Q � Q mo N C . ' ►. p O ca in O O L fly — O ., o pQ c N (a .E- -0 3 N U C T � L •� •� ca CU o c O a? fi O c O c a� 3 � 4- sz a) (n E � n � � � E -0 Eca .� o � ' cu � cno ° �- a) � 0avi u — = o a > -0 U) o ° m ca co co H � p •R C > —° `O Ca ca � ca � c � - 0 o m a a� 0) (3 n _ c � w z zw- N3O o .� r caOO aa� �. . t E o v U (C y ? i i to N " L N N fl C O fa fl_ -o a) G a>i P 1 L N y- V V L 3 a) o O o a) fl L 0 i i fl N L fl �' C .L. L �o N o C O O l > ca O 0 ° C ' O + d N m v 70 N ooh do .� am3oQ —:30 Qo o0. c C:� o� � a) (D ca CL (D r-0 Co m O X-0 _ _ E ° °O a) C ) CU O > (a a c o d � ¢ c 0 C aN N x cO a_ O'' °cz u 3 � . 0. a) 0 QQ > > c Qd � EL aV>) 't7 lsJ y CD Cn b s Z Cn N • • o 7 ro �! O. N N p1 cD O p 3 gol O C3. �. .� CD O N (D (n "a :: C C1 CL v o b p �* B Coon O a 3 (�D D -p m � a ; O p � 0. � y En C p-- . a CD Cll O �' O CA cn 4) n c A << "" 7 N n 0 s CD N p O A CL CD CD s , rn 'z M O c n N O- CD O s• a� o 4-1 3 u�, p O CO CD O CD ti o• C 3 p, o $ ��. cro p l O � o'a(Q y CS Q ofo G .. O O z s w ►-�CD an " m .fl —" v N O a 41 O CD L n o 0 .. O y Z r) o y v �' 3 3 0 �. a o cD Qa. goo. i on "Y CD C S cp' io CS CA C fl1 ti O C to CD W ? w C) ` r CD N n . CS y N O. O G � CD CD O n CD L U n' t " w C OR .�. N CD O 31 co -p 3 C A. � 8. C ! C Cll C N z CD N O 41 0 � O CCQ vR 3 3 7 C2 2' o v, 7 C r+ O y� j CL 77 v p Z _� L CL0-► 41 a Cn �, C En CD N S CD N �' p b (D O N' (M C _S n 4) '•r ^... C) G cu 'L7 tD N .+ CD r•. O p 3 N `G O .. O Ej 5D 41 =r s0 3 `O .�.. N r+ n 'O j• �• O CD j NO p d CD O O ,� <n � 7 rt b t fD (D s N �' A (Q N (Q K ` W t O Al f CD .+ C + (D � � N fD lt�N 6 7 o. O� N .-« `2 Zoo, to O n •p 41 n' -• v O O A ' ti cD O C foomig =Y O. 0 0 < CD W CD cn � O w (D C� O O A C _ z' � -�root,a 'n CD � � v3 � s 0000l � � I <' p p co goof god, N �. Q O o go M 3 n. j O CD `� CD S ?y C `G d O O a. `wows � n_ i r~S fD I �, ,sg w .c < Np p C O to 4) . O n C L a;, 7 7 w r. O m w Ow N O' O CD CD O O w Ow O w p = I goo, CD WIF j v 3 eD rA CD Cym CD =3 Nowls fb �. CD .� � m CND o a y o c CD n 0 N `G r 4k C3 O CS 3 < N 2U M good C C aO O 3 O 0. y *ffii o.. w„ eD K N CD 0 Ow CD . Cn << < O G C1 O d o 3 w c CD CD 0 . 0 . J7 (�D _� N :E• 3_ C C yj/.�yy r CD N m G. Q p CD CD CD CD O N O SQ _ 0 0 NOMML a' O 341 N (D Sa en » dv 3 4) CD O. O o O Ci CD '0 C O 0 y (3D O O CA O C/1 n c`o o CD 'O 41 �°. d < cr O 0 3 O O CD CD m O. O N \ CD C" r. 7d cD -p a s ot'" a o 0 dv m m � < � '' Ym N 4) O r *r �:. G uq CD CD If 0 O ''�`, MR, IT gtullf a) cd O CU z n cc U - .` a 0 ° 3 0 pq co b o ;CG (D �= a) CID Cd cu cn to hr L 'X Y O O . U :: p Ur c oon nG, , a CL ai CL C) — (U � C: o co w Y A C C7 E" N ~ 'N U ,Z-4 � 0) O T r7 � /EO W, C C CID .0 y � •� V/ � 5 v O / U) am O c0 v Z Z; O * L Z (p _ M&d o 0) � (D � c c3 c c c w t '� — c . 0 = f F Q Q Q Q FE O L _ a m U) _ c (n 75 m C: ma U y c_ ee o O a) 0 a) T � p) c� L � c O ^U`j `C CID p� Ea o 0c 0m c � E � D p •c U co c a sz o .a a � ° } " L E caCC mace aci � � NL a) QL I � o .= � � � � ocn � QUO — cow- ;_ c O Wa) � � � � c � _ R ca70 ca) a) cO .- ma ti O ° � E ° � � u�iE � '� r fico (oE � 0 cu o u) Ec0 >, cu � . aE � � rn � 0c aE o0 � C CC O a� •O Cf U .— a) cn U ` a) w`- O O co c O E iM ,� Q O U a) O a) c �, a� •� s co 'U co Ct C N O O U a N T C O C — O CL C o O o U O 0 a) Q A N C 0. C O N 0 Y p C C� y v' O y R, O (o C Q C a) O O O c : (LC N a) c CS (n O L cm C E Q C c6 a� Q — h h N U L o ffl cp (n -0 `� L CL o bLn N c co o� O —-, «- T a) fl (0 c c a) ui Ti . Sz c0 E o a in T � > (� a) - mac Mn a) bq O Q) N a) p co Y co E L p O O = r) 3 �_ v $ZL m 0m y roam > > cod a 't � NCU � ro _ o o bt a) Y L N cn a) U O c O a) •V cl Cc IUD ; Y o C3 Q O co +� C — c0 N � 0. U N a) .N C Z o> U a) O Q a) O C 0 ` -o (n � C i. O v .O a) 4) a a) y T m T a) > a) ~ � cc a) C Q u i co +L •C O O r z O •E O U c C . ++ O C co v o� +J p +' d O .� O O (n 70 O L c�0 O M la�i � � �- `nom � c ,� E E a) 3c 03 rnv o } �' a>i ons o . ° N0 � Oa) o � cuoi � -a -o a Q O V O w O U a) C O C > =U U O n a co>.p �p T a L N CU 0 C:cc Ln d O to L — v ` U O L U L U _ a) O (n O c o a co ca >i a) O C >O C 3 a) p (n a) T a) 7 U (n C c0 c0 o> N > C a O (n E O U C (a >O Z 4) 0 o ' c ej E = W _� o uoi > a) c_ -0 c ate) a) c �> c(D 0 aNi c m 0 0 "' (n o (n L co o L co co a) (n o a c ° . • • � Qco -a . • dam aEcF- 2c 0 CL :3 • U) • • b G) a 0 o o v o o O o goo, E Ogg w goo- mwm� CD M m A eD W -O �. � . m CL p' k m C C O r� r � m y a (D (D (� s M � � `�° o Q `D 0 a� � v m CD CD O O O =3 cn p N (D p O < (n LO Z 7 n p" co cD v N fD v O Z CD v =r Z3 go O N . . Q. fy L' (D CD n o q CD CD CD 3 0 0 o v 3 N wo .• v ( m o Q co cn (n � C s coD :3 a o CD CD CD o. ivy v o CD m CL Z 0 CD N (D O CD 1Z9 CD O rA n N R CD -* " n A O O M IN 12 d p X ►� � An- r/1 i 0 Ow got w j= got 0 Wool A a A , v Ir 11 CD Irl A d �pods -s i a' Pogo CD co C7 a� �Cn n � 0 Z�t M � 0 C ►may ° A F/ - � CD r M bNOW Moog Aft I t 0 � 'Will 5L d O O d I UQ o � O C A CD O y 0� UOQ y VERN d POEM rn §y, � N 04 A� v co MEMO / ,fir �\ /, �! 4J ,ICh £ Ni.�u\ , ` . ` .•q 4 ar CD CD r a w a CD a' a CD CD dN Oho CD _ I ° 10� r �- Ar �= �� v� s. R. o co ia� ' ►a� a,. a �sr cz 0 � H DO �O M0 OD -' Q a ; c OoQx aOT w � z: LO) tT f , t !- ; fee o NO W 4W W All 15 1 m Q, �Qa � r••. C Qi 6> X C C m a� ea � ' 'v � a) a) 0) Q. � C C 0 E E O O � a Rile LL LL 9Z a iffl a) O O N C o ° E3 F- o c cu O a) a m m vi L E .2 a C N _ O N v, Z r. O E U >, m O c C N bOA CS > n fn a) cn � r c c E O cn Oq n — c6 d a) O O O c O O > O a) 7 cn n O C N E m w 0 O fU0 C U E ` O rz E CL Q C p O C44 �3 o a. o. >, N O L n N N p Cd N O O Oq 4] �- E n .V m by h C ` a) ^ L C U m C C n � E -O m a) O "a O O cn a. Y O y Q O 3 O Qn '� O N > C E V y O C -a O F. o E C y z m >U O N C O c0 o u Iz o Z c cn L N Q N c a o cca aNi chi Q t5 D CJ °�.' U O N a) a) v C m c n n .a U a) U CC N a) U C O L — a) m - y m ea -p b m E = C O L i :2 + ' n 0 N O m ZS Chi O O N L O d F" O y O +O. C O O a a)c m O N L =0 O p ( ) a) m o) — a) C a N LL � ~ V o � x � � � Qom T � n y N »- 0) c`a b CU c cn cn Na o �, � � � � Y co -oN Omm 00 a) coo c0 ' c c. � cs W 0 n V) � m N � .� N � o o o aLi C: cu E F- > ° � � o 5 p0ocn 0o 0 ( ou P4 E 5 C) m m n a c d a) co d ti > Z o 'b C� ' • w `d , , C� •� k aoo .. � C C p � ,,, cb C -h C p ►.�. a CD CL n CD .wr A `E y —0 �i p A O w A C CD eD CD CD O A y p' 3 �. A A CD C �' ~' L1 ?. p p O O S S A O `CS A "'r .a R o b .a v �q �• O CD ° fn n Q k C O 7 a C A a p o w � s UQ -� Z CD CD � C n A A a S M ti NM Do A O 70 N C n ° A d �• n ti .- N .� CD A CD O r O 7 CD p O A -mp n A w (D .C. ° C D 0 O � C .n•. C �, (IQ rn N C y o Ma �? C O CD ip Q O p A '+ 'C CD cL CD X P 0 A S S � � CD CD '!7 A� N ' .pr 7 d N W ° ~ p (D w =r Cl) n Q A O Q w A O 'd Z w CL "A'Y �r C Ate? b A O 0� 7 ° CD C C]. ^ -t CD C N. CD p CL � CL C CD A CD CD 6 " A `a CD rn QQ d a ^r C CD V CL Z3 CD O cn S' W R '+zi CD A C .� pit,p N � `p ° UQ w rA CD CD a C y � F�1 on S o CD ' A p < Ln �• , . vs r• CD (D d C Cr C CD (D rAn i.. y y ^ C 0 "fi by w En C '�cf L� N Q! W w ra w A a w eD on A CD ft a w < w rA < w rA <_ w w O ? CD CD C M CD CD CD rA rz 'Ai KH eb O (D ° CD CD w MM CD W ' O O p p H p a Zs rZ VY VY Ln C C w y w ran � ` w v-► '+ CD z Ln C4 En A rvs' C ? w w co v CD zs cDCD w w a D CD On CD M w ° p T z O 9 K • .,� CO\ 0-�- iV `t S �'G � � ���C �fj rr1 YrA"�"1'. i r�_n Cjv� ������ aw York State Department of Environmental Conservation yi f Water, Region 7 6 ulevard West, Syracuse, New York 13204-2400 NOW ion ' ) 426-7500 FAX: (315) 426-7459 �bsi .dec.state . ny. us- - - - -- - - - -- Dan Walker Director Of Engineering FEB 1 5 2007 : x Town of Ithaca L� 215 N. Tioga Street I - Ithaca, NY 14850 RiIN' c February 129 2007 Re : SPDES # NYR20AI34 Evaluation of Year 3 MS4 SWMPAnnual Reports Dear: Dan Walker The initial review and evaluation of the your Phase II Municipal Separate Stormwater Sewer stem (MS4) Stormwater Management Program Year Three (2005 -06) Annual Report has been mpleted. Comments included with thus outer Yew Four (2006-07) Annual Report, the ormwater program and be addressed y riod from March 11 , 2006 to March 10, 2007. The Year 4 Annual Reports are due to the Department by June 1 , 20074 To assist you in achieving full program compliance, the combined evaluations and comments for the first two years of the program (Year 1 & 2 Annual Reports) have been previously provided to you on the MS4 Phase H Annual Report Evaluation Forms . Based upon this feedback, and additional evaluation of your Year Three Annual Report, you may need to adjust or revise your Stormwater Management Program (SWMP) to ensure that you will be in compliance with the MS4 Permit requirements , Any such revisions should be atin or documentation,(2006-07) Annual Report. If you have been asked to provide further include that information with your Year Four Annual Report. We understand that there has been a delay in our response to the original Years 1 , 2 & 3 Annual Report submittals and that man� Regulated rSuCommunities tl improvements and significant progress lementation of their substantial Permit requirements . Please document this progress in your Year 4 Annual Report. As a reminder, the New York State SPDES General Permit for Stormwater Discharges from MS4s requires that you develop , implement and enforce a .Stormwater Management Program designed to reduce the discharge of pollutants from your storm sewer system to the maximum extent practicable . The SWMP must include the six t measures as anded in the permit, including the identification of specific Best measurable goals. You are required to make steady progress each. year toward full implementation and document t that progress in your Annual- Report. Your-SWMP must-be-fully-implemented no later than January 8 , 2008 For your assistance, the New York State Department of Environmental Conservation SDEC) has contracts with the. Southern Tier East Regional Planning & Development and (C NY (STERPDB) and the Central New York-Regional-P-lanning-&Development_Bo ( _) to support regulated MS4 municipalities within Region 7 with their Phase II stormwater management efforts . The RPDB staff are available to clarify municipal Phase II permit requirements, to help guide implementation and provide consultations, trainings and workshops . You may contact the STERPDB at (607) 724- 1327 or the CNYRPBD at (315) 422-82766of The New York State Department of Environmental Conservation Toolbox on the DEC Stormwater web t at: technical assistance materials available in the MS4 N,N,w .dec.state.n .us/website/dow/toolbox/ms4toolbox/ms4 toolbox.html and on the DEC 111111111111111 "1 1111111 FTP website at . ft ://wwwodec.statemn .us III/dow/stor in developing ands melementing your documents available on the website were developed to assist you in deepvelop our Year 4 (2006-07) Annual SwW . Please consult these documents in advance of preparing y Report. Municipal stormwater programs are vital to protecting New York State ' s valuable water resources . Thank you for your continuing efforts to protect and preserve our water quality. If you have any questions or concerns regarding the MS4 Stormwater program or the Annual Report evaluation, please contact my office at the above number. Sincerely, Scott D . Cook Environmental Program Specialist 2 Enc. Cc : Kate Hackett MS4 : Town of Ithaca SPIES NYR20A134 neral Program Comments he following comments apply to all aspects of Ithaca Town ' s PH II Stormwater Management Program : 1 . The Town of Ithaca' s PH II Stormwater Management Program PH II stormwa�ter requirements * reflects progress in implementing New York State p Full compliance and complete implementation is mandated by January 2008 , 21 Intermunicipal partnerships can optimize on water emains legally responsible for meeting all efficiency and reduce costs . Each municipality g permit requirements, including those that a partner may have agreed to provide. Intermunicipal agreements must be in agreement. Coenes of all ctive agreemendinn pl place commitments of each party to the agre p each permit year should be included with the appropriate annual report . and 3 . The Town of Ithaca should make a strong effort to address the illhe next annualreportnPPlans eliminations , construction and pos-construction requirements in t for meeting local law requirements are lagging. finimum Measure 1 : Public Education and Outreach Comments Thank you for providing the information pertaining to Ithaca Town ' s Public Education and Outreach Program, as requested by the New 05 MS4State Dl Report Evaluation.Environmental ppears that Conservation in its Ithaca Town 2004 - 20 this aspect of Ithaca Town' s PH II SWMP is progressing at this time . 20 To ensure complete municipal compliance with New York PHteII PH va Public Education and its Outreach requirements by January 2008 , at this point Ithaca Town should have initiated the activities listed below . (See the New York State Department -of Environmental Conservation ' s Critical IIStormwater Man Management Please provide further detail regarding these aspect your Program in next year' s annual report. a. Assessment of education and outreach needs in terms of priority pollutants, audiences and geographic areas . b . Program enhancements and plans for continued implementation. 3 . Please report on Ithaca Town' s efforts to evaluate the effectiveness of its Public Education and Outreach Program: 4 . Please describe how Ithaca Town' s Public Education and Outreach Program addresses priority pollutants, audiences and geographic areas of concern. 5 . Please provide a schedule for the Public Education and Outreach activities that Ithaca Town has planned for the next reporting year, 1 ' r MS4 : 'Town of Ithaca SPDES NYR20A134 Minimum Measure 2 , Public Participation and Involvement Comments 1 : Thank you for providing the information pertaining to Ithaca Town' s Public Participation and Involvement Program, as requested by the New York State Department of Environmental Conservation in its Ithaca Town 2004 - 2005 MS4 Annual Report Evaluation._It_app-ears that this aspect of Ithaca Town' s PH II SWMP is progressing at this time. 2 , To ensure complete municipal compliance with New York State PH II public participation and involvement requirements by January 2008 , at this point in its PH II program implementation Ithaca Town should have initiated the activities listed below. (See the New York State Department of Environmental Conservation' s Critical Path to Compliance document.) Please provide further detail regarding these aspects of your PH II Stormwater Management Program in next year' s annual report. a. Assessment of its public participation and involvement needs in terms of priority pollutants, audiences and geographic areas . b . Identification of key stakeholders . 3 . Please report on Ithaca Town ' s efforts to evaluate the effectiveness of its Public Involvement and Participation Program. 4 . Please describe how Ithaca Town ' s Public Involvement and Participation Program addresses priority pollutants, audiences and geographic areas of concern, 5 . Please provide a schedule for the Public Involvement and Participation activities that Ithaca Town has planned for the next reporting year. Minimum Measure 3 : Illicit Discharge Detection and Elimination Comments (IDDE) 1 . It is important that Ithaca Town report steady progress in implementing New York State municipal PH II Illicit Discharge Detection and Elimination (IDDE) requirements. This aspect of your PH II Stormwater Management Program will need to be strengthened and more fully explained in your next annual report . Full compliance and complete implementation is mandated by January 20080 2 . To ensure complete municipal compliance with New York State PH II Illicit Discharge Detection and Elimination requirements by January 2008 , at this point in its PH II program implementation Ithaca Town should have initiated the activities listed below. Please provide further detail regarding these aspects of your PH II Stormwater Management Program in next year' s annual report. a. Assessment of existing resources and programs, such as stormwater and sewer infrastructure, legal authority to regulate illicit discharges, mapping data and GIS resources, field staff availability and expertise, lab/monitoring equipment and analytical capability, discharge removal capability, budgeting and financing. 2 MS4 : Town of Ithaca SPDES NYR2OA134 b. Identification of responsible agency or department, preparation of tracking system . C , Compilation of information on where and when illicit discharges might occur. d. Establishment of overall program administration, eting and financing. e . Development of local law and enforcement procedures , f. Implementation of field activities to identify outfalls and to locate and eliminate illicit discharges . g. Delineation of storm sew ershed. h. Development and retention of MS4 mapping as needed to find the source and identify illicit discharges . PLEASE SEE : the New York State Department of Environmental Conservation' s and System ] .) Critical Path to Compliance assistan Detection and)�m nalt'on (IDDE) in New Mapping Requirements for Illicit Discharge York assistance document. 3 . Please ensure that the Town' s local law to prohibit k and State oGen General SPDES Permit for is effective in meeting the requirements of New Storm Water Discharges No . GP -02-02 . PLEASE Model FE Law to Prohibit Illicit Department of Environmental Conservation Discharges, Activities and Connections to the Separate Storm Sewer System. If co-implementing an IDDE program, intermunicipal roles, responsibilities and training 4 . should be established at this time. Please provide furtherde regarding these aspects of in next y eas an your PH II Stormwater Management Program $ . Please report on the identification of any illicit discharges detected. 6 . Please identify any MS4 to which Ithaca Town' s municipal separate storm sewer system is physically interconnected. 7 . Please report on Ithaca Town' s efforts to evaluate the effectiveness of its Illicit Discharge Detection and Elimination Program. g . Please describe how Ithaca Town' s Illicit Dischareareas otion conclernnation Program addresses priority pollutants, audiences and geographic Please provide a schedule for the Illicit Discharge Detection and Elimination. measures 9 planned for the next reporting ye that Ithaca Town has 10 . PLEASE REFER to the following documents for technical information pertaining to Illicit Discharge Detection and Elimination: (New York State Illicit Discharge Detection and Elimination tionAssistance Document Department of Environmental Conservation) Illicit Discharge Detection and Elimination Guidance Manual (EPA/Center for Watershed Protection) 3 MS4 : Town of Ithaca SIDES NYR20A134 - Illicit Discharge Detection and Elimination Guidance Manual (New England Interstate Water - Pollution Control Commission) Minimum Measure 4 : Construction . Site Runoff Control Comments 1 . Thank you for providing the information pertaining to Ithaca Town' s Construction Site Runoff Control Program, as requested by the New York State Department of Environmental -- - — Conservation in its Ithaca Town 2004 - 2005 MS4 Annual Report Evaluation. It appears that this aspect of Ithaca Town ' s PH II SWMP is progressing satisfactorily at this time. 2 . The town did not specify how it intends to satisfy the local code adoption requirements (p . 7 Permit Reference IV . C .4 .b .i, 5 . a. i #3 ) . 3 . The town referenced a year-4 activity in its year 73 report (public workshop on April 13 , 2006) . Please verify dates of compliance activities are within the reporting period. 4 . PLEASE SEE the New York State Department of Environmental Conservation's Critical Path to Compliance document. To ensure complete municipal compliance with New York State PH II Construction Site Runoff Control requirements by January 2008 , at this time in its PH II program implementation Ithaca Town should have initiated the activities listed below . Please provide further detail regarding these aspects of your PH II Stormwater Management Program in next year' s annual report : a. Initiation of education on erosion and sediment control targeted to the construction industry. Report on plans to continue contractor education on . a sustained basis in the next annual report. C , Implementation of procedures for 'the receipt and consideration of information submitted by the public before during and after the start of construction activity. e . Assessment of local laws/ordinances for construction activities and identification of those that may need to be amended to meet State standards . Please report on progress in the next annual report. f. Development of a local law or other regulatory mechanism that: ■ Requires erosion and sedimentation controls in accordance with State standards through a site-specific stormwater pollution prevention plan (SWPPP) or equivalent, and includes site waste management provisions. ■ Includes procedures for local boards and staff or consultants to review site plans and subdivision plats for erosion and sediment control measures that meet State standards . ■ Includes procedures for site inspections and enforcement of control measures . ■ Establishes sanctions to ensure compliance. ■ Provides protection equivalent to that provided by SPDES GP-02-01 , SPDES General Permit for Stormwater Discharges from Construction Activity. 4 MS4 : Town of Ithaca SPDES NYR20A134 ` . g. Initiation of process to adopt local law(s) that include the provisions specified above. ■ PLEASE SEE the New York State Department of Environmental Conservation's Sample Local Law for Stormwater Management and Erosion & Sediment Control (Revised 3/06) 9 the Stormwater Management Guidance Manual for Local Officials, and the Gap Analysis Workbook. ) 6 . Please report on Ithaca Town' s efforts to evaluate the effectiveness of its Construction Site Runoff Control Program, 7 . Please describe the resources (budget, staff, equipment) that have been allocated for inspection and enforcement of the Construction Site Runoff Control Program 8 . Please report on the ways in which Ithaca Town ' s Construction Site Runoff Control Program addresses priority pollutants, audiences, and geographic areas of concern. 9 . Ithaca Town ' s reporting of plan reviews, enforcement actions is very helpful in assessing the town' s intent and effort. Minimum Measure 5 : Post Construction Runoff Control Comments Thank you for providing the information pertaining to Ithaca Town' s Post Construction Runoff Control Program, as requested by the New York State Department of Environmental , Conservation in its Ithaca Town 2004 - 2005 MS4 Annual Report Evaluation. It appears that this aspect of Ithaca Town' s PH II SWMP is satisfactorily at this time. 2 . PLEASE SEE the New York State Department of Environmental Conservation' s Critical Path to Compliance document. To ensure complete municipal compliance with New York State PH II Post-Construction Runoff Control requirements by January 2008 , at this point in its Stormwater program implementation Ithaca ese asshould of your PH initiated II St rmw teractivities listed below . Please provide further detail regarding p Management Program in next year' s annual report: a. Notification of appropriate people within the community about local Phase II post construction requirements . b . Assessment of local laws and procedures for requiring post nstruc n stormwater management practices and plans for the maintenance of those c . Implementation of outreach and education to the construction industry on Stormwater management practice and design. d. Development of a local law or other regulatory mechanism that : ■ Requires post-construction Stormwater runoff control in accordance with State standards through a site-specific Stormwater pollution prevention plan (S)APPP) 5 MS4 : Town of Ithaca SPDES NYR20A134 or equivalent and long term operation and maintenance plans of the management practices . ® Includes procedures for local boards and staff or consultants to review site plans and subdivision plans for stormwater management practices that meet State standards . ■ Includes site inspection, long-term maintenance and enforcement provisions . ■ Provides protection-equivalent to-that provided-by-SPDES-GP-02-0_l ,_SP_DES _ __ ._ Permit for Stormwater Discharges from Construction Activities . e. Initiation of the process to adopt local law or other regulatory mechanism for post- construction runoff control that includes the provisions specified above and that provides protections equivalent to the requirements in the construction permit GP- 02-01 . f. Delivery of staff training to implement local law for post-construction stormwater management practices including: ■ Following procedures for review of site plans by local boards and staff or consultant to ensure that plans include approved stormwater management practices as specified in the proposed/adopted law or existing local laws and ordinances . ■ Following procedures for site inspections and enforcement of properly installed stormwater management practices as specified in - the proposed/adopted law or existing local laws and ordinances . ■ Enforcing sanctions and long-term maintenance plans to ensure compliance . 31 New York State technical standards for the design of water quantity and water quality controls (post-construction control practices) are contained in the New York State Stormwater Management Design Manual. 5 . Please report on Ithaca Town' s efforts to evaluate the effectiveness of its Post-Construction Runoff Control Program. 6 . Please report on the ways in which Ithaca Town' s Post-Construction Runoff Control Program addresses priority pollutants, audiences, and geographic areas of concern. 7 . Please describe the resources (budget, staff, equipment)Runoff Control Programed for inspection and enforcement of the Post-Construction Minimum Measure 6 : Pollution Prevention and Good Housekeeping Comments 1 . Thank you for providing the information pertaining to Ithaca Town' s Pollution Prevention and Good Housekeeping Program, as requested by the New York State Department of Environmental Conservation in its Ithaca Town 2004 - 2005 MS4 Annual Report Evaluation. It appears that this aspect of Ithaca Town' s PH H SWMP is progressing satisfactorily at this time . 6 9 MS4 : Town of Ithaca SPDES NYR2OA134 Please report on the town of Ithaca' s progress in developing a salt management plan and a storrnwater system-inspection_and _maintenance plan in the next annual report. 2 . To ensure complete municipal compliance with New 00 York State s point in PtslStormwaterntion and Good Housekeeping requirements by January Management Program implementation Ithaca Townof GP 02 02 for the kinds oflmunicipal listed --below ..-(PL--EPL _part_IV, section C . 6 . _ _ activities to be addressed. PLEASE SEE the New York State oDutpion Prevention and Good l Conservation ' s Critical Path to Compliance and Housekeeping Program Assistance documents .) Please provide further detail regarding these aspects of your PH Il Stormwater Management Program in next year' s annual report : a. Assessment of existing programs , policies, procedures, equipment, staff, facilities, operations, and training needs . b . Design of pollution prevention program including: • Determination of locations, policies , procedures, and facilities most in need of modification. • Determination of municipal capabilities and potential to improve water quality. • Evaluation of the adequacy of staff, equipment, training, funding, and information. • Identification of pollution prevention priorities in terms of geographic areas , operations , policies, procedures, ' and facilities . • Record keeping procedures for pollution prevention accomplishments and program effectiveness evaluation. ■ Establishment of intermunicipal partnerships as appropriate . ■ Determination of tasks, roles, and responsibilities . Formalization of intermunicipal partnership agreements. c . Delivery of formal staff training. d. Implementation of pollution prevention practices such as modifications to procedures and policies, purchase of equipment, installation of retrofits, reduced use of toxic substances, increased inspections and repairs, etc. 3 . Please ensure that service providers with which Ithaca Town contracts are implementing State pollution prevention and good housekeeping practices m a accord with wi h the Prevention and Good Department of Environmental Conservations Municipal Housekeeping Assistance Document, 4. Please provide detail concerning Ithac Town ' s ef s pollution prevention and good housekeeping p g p rocedures and training for employees . od 5 . Please report on the ways in which Ithaca Town' s Pollution Prevention eo aphic areas of Housekeeping Program addresses priority pollutants, and n g gr concern. 6 . Please provide a schedule for the pollution prevention and good housekeeping measures that Ithaca Town has planned for the next reporting year. 7 MS4 : Town of Ithaca SPDES NYR20A134 Y V