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TB Minutes 2007-12-10
Regular Meeting of the Ithaca Town Board Monday, December 10 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 AGENDA 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 . 6 : 15 p . m . — Jay Franklin , Tompkins County Assistant Director of Assessment to discuss higher income limits for Persons with disabilities and limited income and Persons sixty-five years of age or over and the Veterans ' exemption for Cold War Veterans 8 . Discuss and review increasing the minimum income level for eligibility for the Persons sixty-five years of age or over and persons with disabilities and limited income property tax exemption 9 . Discuss and review Veterans ' property tax Exemption for "Cold War Veterans" 10 . 6 : 45 p . m . — Cal Ripkin presentation 11 . Discuss and consider Cal Ripkin advertising at Tutelo Park 12 . 7 : 30 p . m . - Interim Report from the consultants who are conducting the Biological Study for the Northeast Area 13 . Response from public and the board regarding the Interim Report from the Biological Study for the Northeast Area 14 . Report and recommendations of the Comprehensive Plan Review Committee 15 . Consider setting Organizational Meeting Date 16 . Consider and approve the release of escrow funds , contingent upon the receipt of the deeds by the Town Clerk , for construction of roads in the Southwoods Section 17 . Consider 3 month SPCA MOU (Jan . , Feb . , March 2008 ) 18 . Consider MOU with the City of Ithaca for extension of the fire contract through March 31 , 2008 190 Discussion of Annual Funding of the General Purpose Benefit Reserve Fund 20 . Consider authorization to change our long -term disability carrier 21 . Consider authorization to waive application fees for lot area , with variances , on Fairway Drive 22 . Consider authorizing a grant application to NYS for a local Farmland Protection Plan Final — December S, 2007 23 . Consider recommendation of appointment to Tompkins County Youth Board 24 . Consider Approval of SCLIWC 2008 Salaries 25 . Consent a . Town Board Minutes b . Town of Ithaca Abstract c . Bolton Point Abstract 26 . Report of Town Officials a . Town Clerk b . Highway Superintendent c. Director of Engineering d . Director of Planning e . Budget Officer f. Manager of Human Resources g . Network/Records Specialist h . Recreation and Youth Coordinator i . Attorney for the Town 27 . Report of Town Committees a . Agriculture Committee b . Agricultural Land Preservation Committee c. Alternate Energy Committee d . Capital Projects and Fiscal Planning Committee e . Codes and Ordinances Committee f. Ethics Board g . Personnel Committee h . Public Works Committee i . Recreation and Human Services Committee j . Records Management Advisory Board k . Safety Committee I . Transportation Committee 28 . Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Trail Committee c. Joint Youth Commission d . Lake Source Data Sharing e . Pegasus Oversight Committee f. Recreation Partnership g . Special Joint Committee ( Sewer) h . Southern Cayuga Lake Intermunicipal Water Commission i . Tompkins County Council of Governments (TCCOG ) 29 . Review of Correspondence 30 . Consider Adjournment Final — December S, 2007 Town of Ithaca Tom Board SIGN - IN SHEET DATE 96 Monday , December 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION 06� �a51� 1 luvvvvl1 { - , k kA- 0 _!J v\ C C6 v\ V\ E vi: A.,4, l 7 r� S s �� c��c N a c*-1 ep -� Cc, my%i - i FINAL - APPROVED Regular Meeting of the Ithaca Town Board Monday , December 10 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 THOSE PRESENT Deputy Supervisor Will Burbank ; Councilman Engman ; Councilman Stein ; Councilwoman Leary ; Councilman Cowie ; Councilwoman Gittelman Absent : Supervisor Valentino STAFF PRESENT Karen Billings , Town Clerk ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter , Director of Planning ; Judy Drake , Human Resources Manager; Susan Brock , Attorney for the Town EXCUSED Al Carvill , Budget Officer OTHERS PRESENT Mike Koplinka- Loehr, Tompkins County Legislator, District 11 ; Krisy Gashler, Ithaca Journal ; Pat Stage , Cal Ripkin ; Larry Fabbroni , 1 Settlement Way ; Don Waddell , Cal Ripkin ; Diane Conneman , Conservation Board ; GJ Conneman , Planning Board ; Bob Romanowski , Fire Commission CALL TO ORDER Deputy Supervisor Will Burbank called the meeting to order at 5 : 30 p . m . and the led the assemblage in the Pledge of Allegiance . Agenda Item No . 4, Report of the City of Ithaca Common Council No one present ; no report filed . Agenda Item No . 5 , Report of the Fire Commission ( See attachment # 1 ) Fire Commissioner' s Report ( refer to attachment ) , by Bob Romanowski . Discussion : Training is resulting in fewer fire calls/structural fires . Agenda Item No . 3 , Report of the Tompkins County Legislature Mike Koplinka- Loehr , Tompkins County Legislator , District 11 , talked about the [county] budget impasse . Legislators had a goal of 2 % for the tax levy increase , which came in at 2 . 9 % , based on adjustments . He said that the legislators felt good about the adjustments . Legislator Koplinka- Loehr said that the County Health Department is considering a move to a Brown Road site ; that will not happen for about a year or more . Negotiations with Cornell for a land lease and purchase of the building and eventual renovation are Page / of 40 FINAL - APPROVED underway . He said that he thinks that the County will sign a contract with them in January . Questions from the Board Members : Councilman Engman : Said , that he had read that there are some concerns about the Brown Road site because of its size or shape and asked if that will that impact the decision at all ? Legislator Koplinka-Loehr responded that he does not think so . Agenda Item No . 14, Report and Recommendations of the Comprehensive Plan Review Committee ( See attachment #2 ) Councilman Engman congratulated Planning Director Jonathan Kanter on the accuracy and completeness of the document . Councilman Engman went on to say that the Comprehensive Plan Review Committee has recommended a complete ` redo ' of the Comprehensive Plan , saying it' s 15 years old and needs some updating . Councilman Engman went on to say that the Comprehensive Plan Review Committee recommends a Steering Committee of approximately 8- 10 people to help guide the process , so that more and more people are involved as the process goes on . Other groups will be brought into the discussions as needed , through interest groups , focus groups or committees . Councilman Engman said , we will continually expand the circle of people having input into the being brought into the comprehensive plan . Councilman Engman explained that part of this comprehensive planning process involved hiring a person , for two years , as a planner, to free up time from current planning staff with the ideal being that the new, less experienced person , can do other projects for the planning staff, thereby allowing the more experienced planning staff members time to work on the comprehensive plan . Councilman Engman explained that the packet ( refer to attachment ) includes more detailed information . Planning Director Jonathan Kanter explained that the review committee was established by the Town Board early in 2007 to review the 1993 Comprehensive Plan . Councilman Burbank and Councilwoman Leary were also on the review committee . Supervisor Valentino started off on the committee in the early stages as well . The committee met monthly over the whole year and went through the comprehensive plan document itself ( September 1993 plan ) , along with related documents such as the Parks , Recreation and Open Space Plan and the Planning for Agriculture Report ( also done in 1993 ) . The committee also had some detailed suggestions on what should be focused on during the plan update . A few things seemed to stand out such as Housing — an area where much has happened over the past few years , more specifically in the realm of affordable housing , during the past few years . The county has produced its housing needs assessment and followed that up with the Tompkins County Housing Strategy , which this Town Board was a participant and supporter of. There is also new demographic information that came out as a result of the 2000 census , which would also be a focus of an update . Planning Director Jonathan Kanter went on to discuss concepts surrounding a comprehensive plan review, such as the growth and development in the town and some Page 2 of 40 FINAL - APPR0VED of the strategies for guiding that growth , which he said has become a little clearer, since the 1993 plan was done . One of those areas involves focusing development in certain growth or nodal areas in the town , where services such as transit , infrastructure to support the development ; thereby minimizing impacts on surrounding areas . Councilman Stein asked if there was an action item on this subject and Deputy Supervisor Burbank responded that there will be an action item insofar as formally appointing the Steering Committee ; and asked Councilman Engman for clarification . Councilman Engman said that he has contacted all of the people the committee recommended and at the January ( 2008 ) this would be one of the appointments to be made — those people appointed to the Comprehensive Plan Committee . Councilman Engman said that he would work on getting the list out to the other Town Board members , and might even have it accomplished by tomorrow. Agenda Item No . 15 — Consider Setting Organizational Meeting Date Deputy Supervisor Burbank asked Councilman Engman if he had a proposed datte and Councilman Engman responded that the Organizational meeting (January 7 , 2008 ) could also serve as the first meeting of the year. Councilman Engman said that the recommendation is that we can have our new Town Board members sworn in . Councilman Engman said that he will be sworn in on the 2nd (January 2 , 2008 ) ; the two new Town Board members can be sworn in on the 7 th Deputy Supervisor polled the other Town Board members to see if all agreed on the 7 1 as the Organizational and first meeting of 2008 date and they all responded affirmatively . Deputy Supervisor Burbank introduced the Resolution . TB RESOLUTION NO. 2007- 201 : Setting Organizational and Regular MeetirLq BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold its or meeting at Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of January, 2008 beginning at 5:30 p. m . MOVED: Councilman Engman SECONDED: Councilman Cowie Roll Call Vote : Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Page 3 of 40 FINAL - APPROVED Motion Carried Agenda Item No . 16 , Consider and approve the release of escrow funds , contingent upon the receipt of the deeds by the Town Clerk , for construction of roads in the Southwoods Section Councilman Stein asked if anyone could present this item . Highway Superintendent Fred Noteboom responded that the town has been holding escrow funds for the roads in Southwoods and it' s time to release those escrow funds . He explained that the Resolution in the boardmember' s packet allows for the release of the escrow funds as soon as the deeds for the road are received by the Town Clerk . Moved : Councilman Stein Seconded : Councilman Cowie Discussion : Councilman Engman asked about the actual amounts listed in the attached meeting minutes - $ 95 , 000 ; yet $ 80 , 000 is asked to be released . A separate item on the December 8 , 2003 agenda that said there was $ 15 , 000 set aside , because it was built during a soft [ground ] period and there was some concern about that . Councilman Engman asked if that was taken care of. Highway Superintendent Fred Noteboom responded that the [soft area] was at the entrance , and the town asked for some money in case that entrance failed ; we were concerned about it . That was taken care of the next year; it held together and we returned the money . Town Counsel Susan Brock asked for a change in the wording of the resolved clause of the Resolution from pending the receipt of the deeds to once the Town Clerk for the Town of Ithaca receives the deeds for the above listed roads, in a form satisfactory to the attorney for the Town . No further discussion . Deputy Supervisor called for a vote . TB RESOLUTION NO 2007- 202: Consider and Approve the Release of Escrow Funds, Contingent upon the Receipt of the Deeds by the Town Clerk, for Construction of Roads in the Southwoods Section WHEREAS, on December 13, 2004 by TB Resolution No. 2004- 192, the Town Board accepted as public roadway 600 lineal feet of property 60 feet wide of Southwoods Drive and approximately 1300 lineal feet of property 60 feet wide of Old Gorge Road subject to conditions, and WHEREAS, the Southwoods Association deposited $45, 000 with the Town of Ithaca, to be held in escrow until completion of the pavement, such amount being sufficient for the Town of Ithaca to complete the top pavement in the event that Southwoods should default, and Page 4 of 40 FINAL - APPROVED WHEREAS, on December 8, 2003 by TB Resolution No. 2003- 188, the Town Board accepted as public roadway, 1 , 165 lineal feet of property 60 feet wide of Southwoods Drive and approximately 1 , 240 lineal feet of property 60 feet wide of Eldridge Circle, subject to conditions, and WHEREAS, the Southwoods Association deposited $35, 000 with the Town of Ithaca, to be held in escrow until completion of the pavement, such amount being sufficient for the Town of Ithaca to complete the top pavement in the event that Southwoods should default, and WHEREAS, upon receipt of the deeds and approvals of the Town Supervisor, Town Engineer, Town Highway Superintendent, and the Attorney for the Town a total of $80, 000 held in escrow for the construction of roads listed above can be released, Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby approves the release? of the $80, 000 held in escrow by the Town of Ithaca based upon approvals of the Town Supervisor, Town Engineer, Town Highway Superintendent and the Attorney for the Town and once the Town Clerk of the Town of Ithaca receives the deeds, in a farm satisfactory to the Town Attorney, for the above listed roads. MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Motion Carried Agenda Item No . 17 , Consider 3 month SPCA MOU (Jan . , Feb . March 2008) See attachment #3 ) Deputy Supervisor introduced this item and asked Councilman Engman to clarif)( the new development . Councilman Engman said that he received a call from Town of Caroline Supervisor and Chair of the Council of Governments , Don Barber, stating that the SPCA received a contribution that would allow them to [only] charge a 50 % increase for the entire 2008 year, rather than for just the first three months. Councilman Engman said that our resolution would need to be changed to reflect a whole year agreement instead of a three month agreement . Councilman Engman endorsed the change because it would save the town money and provide more time to get out a Request for Proposal ( RFP) Page 5 of 40 FINAL - APPROVED from the Council of Governments and to get everyone in the county on the same page in the negotiations for a RFP and getting requests in . Councilman Engman said this is a very good development in terms of this matter. Councilman Cowie responded that in net terms the town would be up $ 11 , 000 over last year ( ? ) He asked for clarification on what the town did last year and where the difference exists . Councilman Engman said that last year (2007) it was $21 , 000 , or thereabouts , and the original request from the S . P . C . A. was to double that amount. Councilman Stein said that the town is saving $ 11 , 000/year. Councilman Cowie , agreed and said this agreement brings us $ 11 , 000 above what we did last year. Councilman Engman agreed . Deputy Supervisor Will Burbank asked to have the item introduced , so that more questions could follow. Moved : Councilman Stein Seconded : Councilwoman Gittelman Discussion : Councilwoman Leary queried whether or not this Resolution may be premature . Deputy Supervisor Will Burbank responded that it was necessary to do something as a stopgap measure tonight . Councilman Engman responded that we were already planning to do a three month agreement , just to buy some time ; this agreement extends it out to a year, on that basis . Councilwoman Leary said that she thought we were going to wait three months so that we could receive bids from potential vendors ; then we would decide . She thought this was the basis of the MOU . Councilman Engman said that the RFP' s would not go out until after the first of the year; meanwhile the Council of Governments is still working on the actual RFP . Getting the RFP out and getting responses back within a short timeframe , and having some entity gear up to serve a lot of dogs in the area ( equipment , vehicles , building size , etc . ) , did not seem very feasible . Councilman Engman said this new measure is a great relief because it allows more time to work on the process . Councilman Stein questioned the initial $42 , 000 fee that the SPCA came to the town board asking for in October , which left all of the board members feeling a sense of pressure to find an alternate provider; stating this pressure was the basis for the three month suggestion . He said a three month time span is a good thing because it puts pressure on everyone to do something ; now he said he wonders if the reduction to $ 31 , 000 makes us feel like this is not such a bad alternative . Consequently , this would provide less pressure to seek an alternative . He went on to say that if we [the Town Board members] thought that three months was OK , then why don 't we think so now. Page 6 of 40 FINAL - APPROVED He asked if there was a connection between extending the term from three months to twelve months and dropping the fee from $42 , 000 to $31 , 000 or are these two different items? Councilman Engman responded that the connection is a one-time gift to the S . P . C . A. to cover that other 50 % . That' s for the entire county , which is about $ 100 , 000 , more or less . Councilman Engman explained that it is a very extensive gift , which gives us breathing space . The Council of Governments has not had enough time to develop the RFP and get it out ; Councilman Engman said he would guess that we would be out of compliance with state law, because a dog control program must be in place . Councilman Engman said that the 50 % increase for the entire year vs , just a three month increase is an exceedingly good deal . Councilwoman Leary asked if we had already authorized a three month contract. Deputy Supervisor Will Burbank responded that we discussed it during the budget and Town Attorney Brock responded that the three month MOU is on this evening ' s Agenda , but we have not voted on it yet . Councilwoman Leary said she does not see the harm in just authorizing a three month extension , which is what we planned to do . She then asked if the SPCA is only offering this new low price contingent upon signing up for a year? Deputy Supervisor Will Burbank responded that a private donor has come forward to subsidize the SPCA' s costs ; noting that nothing has changed in terms of the SPCA' s operating costs . He explained that the challenge is in finding a plan in sync with the other municipalities involved . Councilman Cowie asked if the other municipalities are on board . Councilman Engman explained that everyone [Council of Governments' municipalities] is dealing with this at the same time . Councilman Engman recited the last paragraph of the letter received from the SPCA ( refer to attachment ) , and followed up by saying that he thinks this is a sign of good faith on the part of the SPCA , and it' s perfectly reasonable . Councilman Engman went on to say that if we just extend it for three months , there is no reason the SPCA would agree to extend it beyond that . We could be on our own in terms of finding a place to house dogs as of three months from now. Councilwoman Leary said this sounds like a threat . She does not want to negotiate a year extension on this contract with that kind of offer. She said that she is happy that they found some new money , and glad that we can extend it three months at half of what we thought we would have to do , but why can 't we extend it for the full year in January or February? Why do we have to do it now? Councilman Stein said it' s not a threat . A one-time contribution is , at face value , a one- time contribution . That said , he said , there are two things : ( 1 . ) We' re unhappy about Page 7 of 40 FINAL - APPROVED paying so much more money , and (2 . ) The feeling that three months is not enough time to work out a solution to this complex problem . One of the things about working with other organizations , this intermunicipal cooperation , is that you have to put some measure of trust in the organization . Everyone cannot start negotiating their own contracts ; otherwise the whole notion of intermunicipal cooperation falls apart . Councilman Stein said the argument is not perfect , but reasonable enough that he is prepared to vote for it just based on all of those factors . Councilman Engman reiterated that there is no guarantee that we will get a three month contract and this [agreement] allows us time to work out something reasonable for 2009 . Deputy Supervisor Will Burbank called for a vote . Town Attorney Susan Brock brought the board member' s attention to a couple of changes she made to the amendment . 1 . The SPCA , up until this _ last iteration , had always allowed the town ' s payments to be made on or before the 15th of the respective month , and for some reason in this last iteration , they changed it to the 10th , but the actual signed contract we had with them last year was for the 15th . And when they negotiated the three month extension , they [SPCA] said the 15th . 1 would therefore recommend that you change the payment date to the 15th of the month . 2 . The second sentence under article two , that says the term of this amendment will remain in effect until December 31 , 2008 , really belongs in Article III because that' s what talks about the term of the agreement ; not Article 11 . If you don 't amend Article III , then you ' ve got contradictory language . You have Article III saying this agreement ends December 31St 2007 and Article II saying 2008 . Two changes : The first is to change payment from the 10th to the 15th of the respective month ; strike the second sentence under Article 11 that states the term of this agreement shall remain in effect until December 31 , 2008 ; insert a new paragraph (2 ) that states in Article III of the agreement replace the agreement termination date of December 31 , 2007 with December 31 , 2008 ; and then paragraph 2 becomes paragraph 3 and paragraph three becomes paragraph 4 . Deputy Supervisor called for a vote . Councilwoman Leary said that she is still uncomfortable with this and not ready to vote . She discussed a letter, which she indicated was not by Abigal Smith , that recently appeared in the Ithaca Journal characterizing the increase as necessary because of all the animals the SPCA has to board . Councilwoman Leary further explained that is not a relevant argument . She said that if that is the case then she is even less likely to support contracting the costs of the SPCA , because they are offloading some of the costs on to us that should not be . Councilwoman Leary said that she would vote no . TB RESOLUTION NO. 2007- 204: Authorization for Supervisor to Sign 1 - Year Agreement with the SPCA Page 8 of 40 FINAL - APPROVED Be it Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to sign a 1 - year contract with the SPCA for dog control services for the year, January 1 , 2008 through December 31 , 2008. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Councilwoman Leary, nay; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Motion Carried AMENDMENT This Amendment applies to the Agreement for animal control services dated 01 /01 /07 between the Town of Ithaca ("Town " ) and the Tompkins County Society for the Prevention of Cruelty to Animals (" SPCA" ) , 1640 Hanshaw Road , Town of Dryden , County of Tompkins , State of New York . 1 . To Article II , add : " Effective January 1 , 2008 , the Town will pay to the SPCA $ 31 , 050 as follows : $2 , 587 . 50 ( = 150 % of the 2007 monthly rate ) per month , payable on or before the 15th day of the respective month . 2 . In Article III of the Agreement , replace the Agreement termination date of December 311 2007 with December 31 , 2008 . 3 . Mutually agreed changes to this amended Agreement must be in writing and signed by the parties hereto . 4 . All other terms and conditions of the original agreement shall remain in force . AGREED : Town of Ithaca Tompkins County SPCA By: Catherine Valentino By: Abigail Smith Page 9 of 40 FINAL - A PPR 0 VED Title : Town Supervisor Title : Executive Director Date : Date : Agenda Item No . 6 , Persons to be Heard and Board Comments None present Board Comments : Councilman Engman referenced a Town Topics announcement of the annual meeting in NYC , and suggested that we get an idea of the people planning to attend so that we can determine expenses involved , and make hotel reservations , etc . Speaking to the new members , Councilman Engman suggested that the Rochester training , in his experience , is just as effective as the NYC training . Councilman Stein asked for a date for the annual meeting . Human Resources Director Judy Drake responded that it is the 17th through the 20th of February ( Sunday through Wednesday) . Councilwoman Leary commented that she did not think the Regional Training was as effective as the NYC session . Deputy Supervisor Will Burbank asked for comments from the board members as to whether or not s/he plans to attend . Councilman Stein said that he is not planning to attend ; Councilwoman Leary will not attend ; Councilman Engman said he would probably go as he is trying to see if there is a Supervisor' s track that he could learn something from ; Councilman elect Bill Goodman said he would go ; Susan Brock said she will go , but that she would pay her own expenses ; Town Clerk Karen Billings said that she would be going . Councilman Burbank said that he might go , but would prefer more innovative ideas coming out of these training sessions . With no other board comments , Deputy Supervisor Burbank moved to the next agenda item . Agenda Item No . , 7 , Jay Franklin , Tompkins County Assistant Director of Assessment to discuss higher income limits for Persons with disabilities and limited income and Persons sixty-five years of age or over and the Veterans ' exemption for Cold War Veterans ( See attachment #4) Jay Franklin reviewed the letter, dated November 8 , 2007 ( refer to attached ) , addressing new maximum income levels for Persons with disabilities and limited income and Persons sixty-five years of age or over. Jay also explained that along with that [state] legislation , they provided a mechanism for the next two years to increase that by $ 1 , 000 . Last year the Town of Ithaca decided to increase its senior and disability income limits up to the state maximum ; this year we' re bringing this back to you to see if you would like to once again increase it to the maximum as allowed by the state . The Page / 0 of 40 FINAL - APPROVED County , at its November legislative meeting , decided to increase its limits to the maximum . Jay went on to say , I only point that out as a reference ; hopefully you were distributed a list — referring to the letter attached . As the Town Board members referred to the attachment , Jay further explained : He described the income scale for each of the different taxing jurisdictions in the county . He explained that with the 15 municipalities and 15-20 school districts , the County has the capability to manage whatever scale the board would like . Jay explained that he is not at this meeting to advocate for any type of increase ; just to provide information . Jay asked the Board members if anyone had any questions on the Senior/Disability item . With no questions , Jay moved on to the next item . Deputy Supervisor Will Burbank wanted to ask one question , prior to moving on , insofar as to the legitimacy of this . He asked , is this something that we want to do ; or what is the rationale behind why one would want to do this , or [explain] the equity issue . He asked Jay if this is something that has been discussed at his level . Jay responded that this provides an exemption for seniors or persons disabled , who have a limited income . Limited as defined right now by income scale : they would receive a 50 % discount off their real property assessment if their income is under $ 34 , 400 ; now if their income is under $26 , 000 they would receive a 50 % exemption ; so their $ 100 , 000 house is now taxed as if it was worth $ 50 , 000 . This exemption provides a mechanism to take into account someone ' s ability to pay the real property tax ; this is the only way that this can be brought into account . Thus , the fairness or not is something for the politicians to decide . As an assessor , we ' re more than happy to administer any exemption you would like . Councilman Stein stated that there are equity problems associated with this . Councilman Stein said that he would like a mean ' s tested exemption that applied to everyone , but we ' re not allowed to do that , saying " It' s not entirely fair, but better than no mean ' s tested exemption . " Councilman Stein said that he would support it at the maximum level , explaining that it' s not perfect , but it is not like senior exemption day at the movies , which doesn 't make sense at all to him . Because this only applies to seniors in a particular income bracket it is more sensible . Councilman Stein said that he supports it . Councilman Engman said that he was the one who brought up the equity problem in the past by pointing out that indeed , as a group ; seniors are the affluent people in our society. He remarked that it is a little bit strange that they [seniors] are identified as the group that should get an exemption like this . However, others have said that the senior person doesn 't have the opportunity to go out and get a second or third job and thus increase income ; however seniors often do have many more assets than somebody else with a very low income , and those assets could be used to cover some of the costs of day to day living through reverse mortgages , for example . Councilman Engman said Page I I of 40 FINAL - APPROVED it perplexes him as to why somebody in the community making $36 , 000/yr is helping to support somebody with an exemption at $ 35 , something , when the person being supported maybe could get a reverse mortgage on a house that' s worth $ 300 , 000 to $400 , 000 ; that doesn 't make much sense to me because the person has assets and those assets could be used rather than relying upon a subsidy like this . Councilman Engman went on to say there are deep inequities in this whole process , " but again , I sort of go along with Peter ( Councilman Stein ) that at least somebody is getting a break , who has a low income , but I would prefer to have a means tested system for every body , including looking at what their assets are ; because that' s the only way you can know what somebody' s needs are in terms of income and expenditures. " Councilwoman Leary said that this sounds like a potential resolution for the Association of Towns . Deputy Supervisor Will Burbank asked if there were any more comments . Jay Franklin said to Councilman Engman that he brought up a very good point , saying that any time there is a real property tax exemption ; it erodes from the equity and the basis of the ad valorem tax and someone has to pick that up . Councilman Engman added that he once visited the Governor' s Office Web site , and the site has a report of all the exemptions the state of New York provides to people . Councilman Engman remarked that it [the discounts] goes on for page after page , etc . , and it gets into the billions of dollars . Councilman Engman said , one begins to think , at what point are we going to exempt everybody , and who then is going to pay our taxes? Councilman Engman said it gets out of control after awhile . Councilman Engman clarified that he is not saying that these are not worthwhile , but it is not good public policy ; it is not comprehensive public policy , it simply is what has been politically popular and that' s why we get to vote on it . Deputy Supervisor Will Burbank commented that there is no resolution . Town Attorney Brock responded that tonight the board members need to consider whether they want a local law enacted that would change the exemptions . Councilman Stein moved to draft a local law to change the exemptions . Councilwoman Leary seconded . Agenda Item No . 8 , Discuss and review increasing the minimum income level for eligibility for the Persons sixty-five years of age or over and persons with disabilities and limited income property tax exemption Discussion : Councilman Engman said that we should get this to the [County] assessment department by February 1 , 2008 ; we would have to deal with it at our January 7 , 2008 meeting . Page 12 of 40 FINAL - APPROVED Town Attorney Susan Brock said that the board should set a public hearing for the January meeting tonight , too . Jay Franklin said that if the town board got something to the county by April 1 st , then they could change the assessment role . The earlier the better, though . Councilman Stein remarked that he would like to have something done earlier. Deputy Supervisor Will Burbank motioned to authorize that the board have something ready for the next meeting . This was deemed not necessary . Agenda Item No . 9 , Discuss and Review Veteran ' s Property Tax Exemption for " Cold War" Veterans Jay Franklin then proceeded to discuss the next item , Exemption for Cold War Veterans, saying this is very similar to the alternative minimum exemption that he came before this body with , previously. He said , this provides either a 10 % or 15 % exemption up to a maximum of anywhere between $4 , 000 and $ 12 , 000 off of a qualifying Veteran who served during the Cold War. The Cold War is , from September 2 , 1945 through December 26 , 1991 . There is some debate on when WWII ended , because the Alternative Veteran ' s exemption overlaps with this . Councilman Stein questioned the September 2 , 1945 date and Jay responded that September 2 , 1945 was when the official surrender of Japan was accepted by ( unintelligible ) . But for the Alternative Veteran ' s Exemption , WWII ends on December 31 , 1946 when President Truman declared the end of World War II . There is an overlap of those dates , but if a veteran receives the Alternative Veteran ' s Exemption and served during that time , they couldn 't also receive this exemption . Councilman Stein questioned the classification of Veterans who receive benefits and Jay responded that there are two Veteran ' s exemptions that are out there . One is called the Existing Veterans , which is for any Veteran who used the mustering out pay to purchase their property ; that exemption was in place until the mid 1980 ' s , or so . There are some Veterans out there who used their $ 1 , 500 to purchase their property and they' re receiving that Existing Vets , who may not have served during a period of conflict. The Alternative Veteran ' s Exemption came about in the mid 1980 ' s , and he believes that' s when the Town of Ithaca adopted it as well . That' s for Veterans who served during a period of conflict. There ' s a Spanish American War in 1898 — 1902 ; the Mexican Border Period ; WWI ; WWII ; Korean War; Vietnam War and the Persian Gulf Conflict started on August 2 , 1990 and has continued . That has not ended since: August of 1990 . Deputy Supervisor Will Burbank remarked that the bigger pattern is that we ( USA) are always in a war and we will always have this kind of call on our resources . Page 13 of 40 FINAL - APPROVED Jay Franklin responded that NYS has believed that we have been in a period of conflict since 1990 through today. So this would provide an exemption to someone who did not serve during those periods on conflict ; who served one year and who has received a Cold War Recognition Certificate , Councilman Stein remarked that he will vote against this , but would have voted for it if it was mean ' s tested . He asked Jay Franklin to confirm whether of not it is means tested and Jay responded that it is not . Councilman Stein said that he can see an argument for giving an exemption to any Veteran who put themselves in harm ' s way , but cannot see the argument for anyone who was in the Armed Forces while we ( USA) were not in a period on conflict . Councilman Stein went on to say that nobody died in the Cold War from active duty , and cannot vote to approve this measure . Jay Franklin mentioned that this was declined to be passed along to the (full ) County Legislature by the County Government Operations Committee . Jay said that he took a look at the financial impact of such a measure and passed along the following data , based on an estimate of how many Cold War Veterans are out there ( data is based on Veteran data from the Veteran ' s Service Agency) : There are about 73 Cold War Veterans for every 1 , 000 New York State residents . Taking into account the already existing Veteran ' s Exemptions in existence , there are possibly around 1 , 166 veterans that could be eligible for this exemption . If you were to adopt the Option 1 b ( refer to attachment ) , ( approximately ) an extra $ 7 , 000 , 000 would be lost in your tax base and around $ 1 , 200 would be shifted to the remaining taxpayers on the roll ; at a savings per Veteran of around $ 13 . 50 . Deputy Supervisor Will Burbank asked if this would be in addition to the exemption already given to Senior Citizens and Jay responded that there would be overlap . Councilman Engman said he agrees with Councilman Stein because this gets us in to that grey unknown of exemptions that could go on and on . Councilman Engman said that he does not think that the Board should prepare a Local Law for this purpose . Deputy Supervisor Will Burbank asked for any other comments . Councilwoman Leary asked Jay about means testing and Jay responded that the only local option is what percentage and how high the maximum percentage would be exempted . Deputy Supervisor Will Burbank commented that the Town Board does not need to act if it does not want to , and Jay agreed . With no further comments Page 14 of 40 FINAL - APPROVED Deputy Supervisor Will Burbank asked Jay when the assessments would be out for the Town , and Jay responded that on January 25th the County Web site will be updated with all the assessment numbers . Judy reminded Will to set a public hearing regarding the Local Law items — exemption for Senior Citizens and Persons with disabilities . Deputy Supervisor Will Burbank set the public hearing for January 7 , 2008 ; Town Clerk Karen Billings recommended 6 : 30 p . m . , but Town Attorney Susan Brock stated that the Board often sets the public hearings for 7 : 00 p . m . in order to give people who work during the day a chance to come , citing that that is how we have always done it , but the board is welcome to change as we move into the new year. Deputy Supervisor Burbank concurred and asked for a motion . Councilman Stein said that he would like to move the hearing time earlier; Deputy Supervisor Burbank asked for his proposal ; Councilman Stein proposed 6 : 15 p . m . ; and Councilman Engman seconded the motion ; with no further discussion , the motion was voted and passed unanimously. TB RESOLUTION NO. 2007- 203a : SET A PUBLIC HEARING FOR A "LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION ", REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES RESOLVED, that the Town Board of the Town of Ithaca hold a Public Hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 7rh day of January, 2008, at 6: 15 p. m . for the purpose of considering the adoption of a local law entitled: LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED `TAXATION; FINAL - APPROVED Councilman Cowie, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Stein, aye . Absent: Supervisor Valentino TB RESOLUTION NO. 2007 - 203b: Settinq a Public Hearinq for a LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE. TITLED "TAXATION', REGARDING SENIOR CITIZEN 'S EXEMPTION RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 7rh day of January, 2008, at 6:20 p. m . for the purpose of considering the adoption of a local law entitled: LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION" REGARDING SENIOR CITIZEN 'S EXEMPTION and it is further RESOLVED, that at such time and place all persons interested in such local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilman Stein SECONDED: Councilwoman Leary ROLL CALL VOTE: Deputy Supervisor, aye; Councilman Cowie, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilwoman Leary, aye; Councilman Stein, aye . Absent: Supervisor Valentino Motion carried Agenda Item No . 18 , Consider MOU with the City of Ithaca for extension of the fire contract through March 31 , 2008 ( See attachment #5 ) Councilman Engman said that he sits on the Fire Contract Negotiation Committee , along with Al Carvill and Supervisor Cathy Valentino , and the Committee has not been Page 16 of 40 FINAL - A PPR 0 VED able to come to an agreement . Councilman Engman said this is a five year agreement and we have not been able to agree with the city on the extension of the five year contract ; we are proposing a three month extension to give more time for those negotiations , until March 31St Deputy Supervisor Will Burbank confirmed that this would be in the form of a Resolution ( ? ) ; and Councilman Engman concurred . Councilman Engman moved the item and Deputy Supervisor Will Burbank seconded the motion . Discussion : Attorney Susan Brock asked about paragraph " E" in the MOU . She requested a copy of the Fire Protection Agreement with the City ; and the Town Clerk pulled the original document for Attorney Brock to review. Attorney Brock also suggested a change to the proposed Resolution , stating " under the Resolve clause it states : The town of Ithaca will enter into a memorandum of understanding ; I propose to change that to , Now, be it resolved that the Town Supervisor is authorized to execute the attached memorandum of understanding, The original Fire Protection Agreement was produced and Attorney Brock stated : Section 5 is titled " Payments by Town " and it' s about seven pages long , and with no methodologies for how payments were calculated . She went on to say that she was trying to clarify the last section of " E" , where it says , the payment shall be a portion of the total share due under the terms of the Fire Protection Agreement of 2007; she said that she is unsure what a portion of the total share due means . She asked , if the intent was that the Town of Ithaca would continue to make payments to the city of Ithaca as described in Section 5 of the Agreement? Councilman Engman said that he assumed this was correct . He asked who wrote the MOU? Town Engineer Dan Walker said that he understands that the agreement is based on the relative assessments in each town , and it' s based on — they take the total budget and our 30% vs. their 60%, or whatever the total assessed values are, and then we pay on a monthly basis, but we review the actual expenditures each month. Councilman Engman recalled this is correct and said that our amounts are not the same each time ; it depends on what the expenditures of the fire department have been ; that' s why it is not just a good clean so much per month . Attorney Brock stated that would illuminate what , as a portion of the total share means. With that information , Attorney Brock stated that she thinks this is OK , based on that explanation . Page 17 of 40 FINAL - APPROVED Deputy Supervisor Will Burbank called for the vote . TB RESOLUTION NO. 2007=205: Approve 3-month Memorandum of Understanding with the city of Ithaca for fire protection WHEREAS, the fire protection contract between the city of Ithaca, the town of Ithaca and the Board of Fire Commissioners, entered into on March 10, 2003 is set to expire on December 31 , 2007, and WHEREAS, contract negotiations will continue beyond the expiration of this contract, leaving the town of Ithaca without a fire protection agreement in force, NOW BE IT RESOLVED, that the town of Ithaca will enter into a Memorandum of Understanding with the city of Ithaca and the Board of Fire Commissioner to extend the current contract through March 31 , 2008. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino ' Motion Carried MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding executed on December 10 , 2007 sets forth the understanding of the parties as follows : A . On March 10 , 2003 , the city of Ithaca and town of Ithaca entered into a renewed fire protection contract for the provision of fire and emergency medical services for a portion of the town of Ithaca , and B . The fire protection contract entered into between the parties on March 10 , 2003 , by its terms , expires on December 31 , 2007 , and C . The provisions of said contract will continue in force , at the 2007 payment level , while negotiations on the terms and conditions of a new contract progress , and Page 18 of 40 FINAL - APPROVED D . The terms and conditions of the contract entered into between the parties through December 31 , 2007 , shall be extended and continue in full force and effect through March 31 , 2008 , unless the parties mutually agree to differE: nt terms prior to such date , and E . In addition to the foregoing , the Town of Ithaca will make payments to the city of Ithaca , as described in section 5 of said agreement , as a portion of the total share due under the terms of the fire protection agreement in 2007 . SO AGREED : CITY OF ITHACA TOWN OF ITHACA By: By: Carolyn Peterson, Mayor Will Burbank, Deputy Supervisor BOARD OF FIRE COMMISSIONERS By: Robert S . Romanowski, Chairman Agenda Item No . 19 , Discussion of Annual Funding of the General Purpose_ Benefit Reserve Fund Human Resources Director , Judy Drake said that she and Al Carvill worked on this together ( see attachments ) , and said they worked out various scenarios ; based on this scenario she said they were recommending the $ 50 , 000 with so much coming out of each "A" fund , " B " fund , etc . She went on to say that the second page of step 5 shows the original resolution from 2006 so that we would cap it at $350 , 000 ; with this recommendation of $50 , 000 + some interest, she said that we should be able to fully fund it next year. Deputy Supervisor Will Burbank asked the Town Board Members if there were any questions to be directed to Judy. Councilman Engman asked if we already have this budgeted for 2008 or is this a new item that we have to take out of reserves? Page 19 of 40 FINAL - APPROVED Ms . Drake responded that this is the $ 50 , 000 for 2007. It is coming from what has not already gone out this year. We have already paid into the State Retirement bill ; most/all of the Blue Cross money and Worker' s Comp . Deputy Supervisor Will Burbank called for this item to be moved : Councilman Cowie moved it and Councilwoman Gittelman seconded . With no further discussion , Deputy Supervisor Will Burbank called for the vote . TB RESOLUTION NO. 2007 — 206: Approval, Authorization To Fund The "General Purpose Benefit Reserve " For 2007 WHEREAS: In conjunction with the NYS Comptroller's Bulletin issued January 2005 "Modification of NYS Retirement Systems Annual Payment Date and Reserve Provision for Pension Contributions " under Resolution No. 2005-084 the Town Board established a General Purpose Benefit Reserve Fund, and WHEREAS: The Town Budget Officer and Human Resource Manager recommends that an annual contribution of $50, 000. 00 be made to the Town 's "General Purpose Benefit Cash Reserve " for the year ending 2007, and WHEREAS: Funding is to be provided from the operating and special revenue funds as detailed in the supporting worksheet accompanying this resolution, and Now, therefore be it ' RESOLVED: The Town Board approves funding for 2007 of $50, 000 to the General Purpose Benefit Reserve Fund. MOVED: Councilman Cowie SECONDED: Councilwoman Gittelman VOTE., Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Motion Carried Agenda Item No . 20 , Consider authorization to change our long-term disability carrier Page 20 of 40 FINAL - APPROVED Human Resources Director Judy Drake discussed this item . She said that the Town has had long -term disability coverage since 2001 , with the cost going up every year; for that reason she requested a quote from the Town ' s insurance company . First Unum Life Insurance Company submitted a quote at a rate that is 5 . 9 % of payroll . Based on that , Ms . Drake is recommending it to the Board . She stated that it is the same exact contract that the Town has with Met Life , only with a lower rate . It is a two year guaranteed rate . She also mentioned that long term disability is tied directly to payroll , a percentage of payroll . Councilman Stein asked for clarification on who exactly this insures . Ms . Drake responded that this insures the employees . She said it is a group plan provided to the employees . She said the plan provides that if the employee is out of work for 90 days or more , then they can make a claim based on 60 % of their monthly earnings . It provides guaranteed earning to the employee . Councilman Cowie asked how long this goes on for, and Ms . Drake responded that it goes on until [the employee] is 65 or to the end of their disability . Councilman Engman calculated that this would save the town approximately $ 18 , 000/year with the change , and asked if his calculation was correct. Ms . Drake responded that it would save about $ 900/year. She said that currently we are paying . 66 % ; to a savings of . 07 % of payroll . Councilman Engman responded that that is a . 07 % decrease x $270 , 900 , and Ms . Drake responded that it would have to be divided by 100 . She said that roughly it would save between $800 and $900 , which included Bolton Point employees . The item was moved by Councilman Stein and seconded by Councilman Cowie . With no further discussion , Deputy Supervisor Will Burbank called for the vote . TB RESOLUTION NO. 2007-207 — Authorization to Change Contract for Long Term Disability Insurance WHEREAS, the Town contracted with MetLife January 1 , 2001 for Long Term Disability coverage for the employees, and WHEREAS, over the years the rate has increased annually from 0. 41 % of payroll to the 2008 rate of 0. 66% of payroll, so a rate quote was preformed by the Town 's insurance company Haylor, Freyor & Coon, Inc. ; and WHEREAS, First Unum Life Insurance Company quoted a rate of 0. 59 % of payroll at a guaranteed 2 year rate for the same coverage at MetLife; and Page 21 of 40 FINAL - APPROVED WHEREAS, the Human Resources Manager recommends the Town to change providers of the Long Term Disability coverage; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to enter into a contract with First Unum Life Insurance Company to provide Long Term Disability Coverage for the employees and cancel the coverage with MetLife . MOVED: Councilman Stein SECONDED: Councilman Cowie VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Motion Carried Agenda Item No . 10 , Cal Ripkin presentation ( See attachment #6 ) Deputy Supervisor Will Burbank introduced Ms . Pat Stage as a representative of Cal Ripkin League , a division of Babe Ruth , and asked her to explain to the Board what the group would like to do . Ms . Stage said that her group would like to use the chain link fence at Tutelo Field to display banners . The banners would contain advertising from local fitness and health organizations , such as Island Health , and the group would sell the advertising space in order to help defray the cost of being on the Little League for area children . Deputy Supervisor Will Burbank asked for clarification about the advertising intent of the group asking if the advertising be permanent or temporary in nature . Ms . Stage said that the advertising would be temporary — the advertising displays would occur just during the games . Deputy Supervisor Will Burbank said that Ms . Stage came before the Rec and Human Services Committee to discuss this item and the general consensus of the committee was that this was a reasonable request as long as the advertising was temporary . Deputy Supervisor Burbank asked the Board Members if they had any questions . Councilman Cowie asked Ms . Stage about monitoring the types of advertising citing that advertising should represent good , wholesome , uplifting types of things . Page 22 of 40 FINAL - APPROVED Ms . Stage said that there would be no beer; no cigarette advertising . Deputy Supervisor Burbank stressed that it should be pointed out that they [advertisers] would potentially be local businesses , etc. He said that this might be somewhat in conflict with our local sign law, as written . Deputy Supervisor Burbank said that the Board may want to look at that , and perhaps modify it in some way . Deputy Supervisor Burbank asked if there were any further questions . Councilman Stein asked how judgments are made concerning the types of advertising ; he said that there should be a document in the Town that describes what signs are allowed and what signs are not allowed , rather than a judgment made when an application comes in . He asked if there will be such a document and can the Town Board members see it? Ms . Stage said that her group can do one . Councilman Stein said that he would like to see such a document . Deputy Supervisor Burbank clarified to Ms . Stage that the Board wants a document laying out the types of signs that Cal Ripkin group envisions doing . He further pointed out that the present Town Sign Law . . . [he deferred to Town Attorney Susan Brock] prohibits signs for commercial businesses . Town Attorney Brock said that there are ` many different issues implicated with the Sign Law. She said that she came up with a list , and Mr. Kantor and Kristie Rice , our Senior Code Enforcement Officer weighed in , providing accumulative issues that were identified . She went on to say that the signs that Cal Ripkin wants to do are temporary signs and the sign law does permit certain types of temporary signs , but these types [the ones that Ms . Stage is proposing ] are not permitted . Only one sign is allowed per parcel , therefore the number of signs they want would exceed the law; the individual square footage of the signs and the accumulative square footage of the signs exceeds what it permitted in the zone , which is 4 square feet for one sign . The placement of the signs on a fence is not provided for in the town code ; they are proposing banners and there is some question as to whether banners are permitted under our code ; they are considered off-premises signs because they are not identifying the name of the place or advertising the things that are sold on- site - they are like billboards and off-premises signs are not permitted under our current sign law. Town Attorney Brock went on to say that the proposal to add a scoreboard , and her read of the Town ' s definition of a sign could consider a scoreboard a sign , and its height would probably violate the Town ' s sign law. She said that she has a whole slew of issues along with another issue , which is completely separate from the sign issue , which is the constitutionality of allowing the use of public property for a private entity to make money . She said that this is not allowed , but there might be ways to COME: up with an arrangement that would be permissible , such as granting a franchise to this organization to put up signs , but the .town would need to be compensated fairly for that franchise . Town Attorney Brock further explained that she would also need to look into Page 23 of 40 FINAL - APPROVED whether, before we can grant a franchise , we have to subject that to competitive bidding . She said there are a huge slew of issues that probably were not apparent before , but they are all out there . Councilman Stein asked Town Attorney Brock a question by stating that one of the issues that surprises him is the number of major league stadiums around that have advertising . Town Attorney Brock answered by saying that an independent , private entity controlling the advertising and getting all of the revenues ; or if they are publicly owned stadiums being contracted out . . . using T- CAT as an example , she said , T-CAT has advertising on its busses but T-CAT gets all of the revenue . T-CAT is not telling another, independent , private entity that it can place signs on the busses and take all of the revenue from that . That in effect is what the Town would be doing by allowing the use of Town property for a private entity to use the Town property to make money. Councilman Stein asked Town Attorney Brock if an action on this would be premature at this point and Town Attorney Brock said it would . She said the constitutional issue is one that should be addressed . The Town should receive adequate consideration for the use of the Town property, and then the question becomes , is it even worth it to them [Cal Ripkin] to do it if they are now splitting revenues or paying the Town for this . Town Attorney Brock went on to say then we have the separate issue of the Sign Law, with a myriad of issues that we have identified that would need to be addressed , too . Town Attorney Brock offered that they [Cal Ripkin ] could go to the ZBA and ask for variances on all of these issues , but she assumes that the Town Board would want to exercise some control over the content of the signs and the Board would have to think about how it would do that , with the ZBA , as an independent board , determining the variances . . . there are ways to do it , because this is proposed for Town property , but all of these things need to be worked through . Councilman Stein stated his initial response to this by saying that he does not mind the Cal Ripkin league getting the money from this because it' s their game that' s bringing the people in there . He said he does not know what the law says , but said it doesn 't bother him . He said that the other issues raised have to be resolved before we can move on , and he is still interested in knowing exactly how it' s going to be decided what signs are allowed and what signs are not . Councilman Engman said that what needs to be decided is Do we think this is a good idea ? and if so how do we make it so? Does this involve a change in local law; a change in the zoning law, etc . ? He said that when this law was written there was some consideration given to something close to the situation at least , because it does say that there is permitted not for profit ; promotional private sales or similar signs not exceeding 6 square feet in size . Councilman Engman said that at least there was a nod to non- profits . Perhaps we could go back and redo this to make it evident that this sort of thing would be OK according to us [Town Board ] . Councilman Engman went on to say that if someone wanted to challenge it on constitutional grounds , they could sue us . He went on to say that he thinks there are options available to us . Councilman Engman stated that the first question is to decide whether this is a good idea or not . , Page 24 of 40 FINAL - APPROVED Councilman Cowie asked Town Attorney Brock if she had a response and she said that she does not believe that the current wording encompasses this type of thing . She said that it' s probably for the Museum of the Earth to say , New Exhibit , or something like that ; but even with that , the size of the sign was quite small — 6 square feet or something like that . But here they' re [Cal Ripkin] talking about 18 square foot signs ; each of them , and there could be 10 , 20 , saying , 1 don 't know how many would fit on the fence, but quite a few. Town Attorney Brock said that her eyebrows were raised when she saw that this " exception was made for not-for- profits ," because she was unsure as to what the rational basis was for saying , "we ' re trying to regulate signs , their size , their appearance , their placement for aesthetic reasons , but if you ' re a not-for-profit it' s not as ugly as if you ' re a for profit?" As Town Attorney Brock expressed , seeing that in there raised her eyebrows , and she expressed if that were to be broadened , allowing not-for- profits to basically put up billboards wherever they want , she was unsure how the Town could justify telling a private , for- profit entity that it is restricted while a not-for- profit is not. Town Attorney Brock expressed that this could be struck down as irrational ; leaving the Town open to billboards throughout the Town . Town Attorney Brock suggested that there are a lot of unintended consequences that could occur in trying to make changes to accommodate this . She asked the Board to think about this very carefully. Councilman Cowie asked Town Attorney Brock if there is another mechanism , as what Councilman Engman is suggesting , whereby the Town contracts with . . . Town Attorney Brock responded while Councilman Cowie was still talking saying , Yes , this is what she was talking about , this franchise type of agreement ( unintelligible because Councilman Cowie and Town Attorney Brock are talking at the same time ) . Councilman Cowie said " scoreboard via Cal Ripkin . . . " and Town Attorney Brock went on to say that there may be some way to do that ; if the Town receives adequate consideration through some type of agreement that would be the way to go ; as long as we do not have to make that subject to competitive bidding . Planning Director Jonathan Kantor said that Town Attorney Susan Brock and he were discussing the scoreboard , stating that if it is a sign , that would probably be an easy fix to the sign law. He said that we could simply say something like ; scoreboards at recreational facilities are exempt from the sign law and then subject to height or size limit . He went on to say that the other issue , regarding types of advertising on the fence , is not quite as easy to fix because sign laws have to be content neutral . He said that there is established case law that is very clear on that and it is based on the constitutional issue where you really cannot differentiate between the information that a sign is portraying and therefore you cannot differentiate between commercial and in this case , not-for-profit . Councilman Engman asked Ms . Stage why a scoreboard was necessary , considering that the league exists for primarily developmental purposes and for fun . Ms . Stacie responded that they have Summer All Star Teams that do tournaments , and if we have a State and District Tournament here , we have to provide a scoreboard . Page 25 of 40 FINAL - APPROVED Deputy Supervisor Burbank asked if anyone had further comments . Councilman Cowie asked how much would be charged for the signs . Ms . Stage said that they have not gotten that far yet . Deputy Supervisor Burbank thanked Ms . Stage for coming to the meeting and apologized for the additional discussion , which not had been apparent at the committee level . He said that the question the Town Board needs to decide is whether it wants to look at this ; send it back to committee and the Town Attorney for further review or see if there is some mechanism that we could develop to make this work . Deputy Supervisor Burbank queried the Board members whether or not they wanted to have the Town Attorney look into this a little further. Councilman Stein called for a straw vote Councilman Cowie asked if there is something in the City Parks akin to this? Ms . Stage responded that the City of Ithaca has not allowed Cal Ripkin to put up a permanent fence . Another gentleman , with Ms . Stage made some comments saying that they have been working the city for four years to build fences at the city fields. Field 8 , field 9 = over at Union Fields , and in May ( 2007 ) the city sent them a letter saying that they could advertise on a permanent fence on the Cal Ripkin field (field 8 ) , but the city has not given Cal Ripkin permission to build a permanent fence at field 9 because they have soccer and lacrosse tournaments , and they do not want a permanent barrier up . Our Babe Ruth Committee is writing a response to that and we plan to go forward with a fence on our Cal Ripkin field . Babe Ruth will just keep using a temporary fence . The city has said that we could advertise , but the holdup before was that we could not have a permanent fence at field 9 , so the Babe Ruth group had not gone ahead and built any fences . Deputy Supervisor Burbank pointed out that this is not an issue with the Town because we already have the fences . He also mentioned that cities and towns operate under slightly different legal environments . Councilman Stein countered that we still operate under the same Constitution and Deputy Supervisor Burbank agreed . Councilwoman Leary asked the Cal Ripkin spokespersons what expenses having signs would offset for Cal Ripkin . The gentleman with Ms . Stage said that the group has been operating in the negative ( $- 3 , 000 last year and the year before ) and they are trying to raise revenues without raising fees . He said that if they set the fees per child to equal the cost per child it would probably cost each child $ 130-$ 140 . Page 26 of 40 FINAL - A PPR 0 VED Ms . Stage stated that the fees pay for equipment ; the Cal Ripkin group supplies baseballs , bags with helmets , etc . Councilman Cowie mentioned that the children have advertising on the t-shirts , which led to additional humorous conversation about little signs , etc . Deputy Supervisor Burbank asked Ms . Stage how big of an event the State Tourney would be , and she responded that the State Tournament is quite large . Deputy Supervisor Burbank asked how many people may be expected . The gentleman explained that it depended upon the age group . This year they project that there will be 4 to 5 teams , which he guessed would bring 100 people to town for under 11 . The U12 and U10 tournaments are larger with 7 or 8 teams , which would bring approximately 200 parents and 100 children to town . Deputy Supervisor Burbank asked if Cal Ripkin had started to address the logistical problems of the holding the tournament at Tutelo Park because there is limited parking . The Cal Ripkin representative explained that there would be 4 teams there at any one time . Councilman Engman assumed that there would need to be a couple of months lead time to get signs made before the season started . Ms . Stage responded that their season begins at the end of April . Councilman Engman felt that it might not happen this year in terms of what the Town needs to do . Ms . Brock added that if the board is contemplating changes to the sign law that is going to take time as well . Councilman Engman asked when Cal Ripkin when they would need to know whether or not they could put up signs . The Cal Ripkin representative thought that they would need to know by February. Mr. Kanter asked how soon Cal Ripkin would know specifically what signs would be put up . What would they look like and what is the advertising message ? Cal Ripkin representatives did not know what the signs would look like . Deputy Supervisor Burbank asked the board how they wanted to move forward and if they wanted to authorize Ms . Brock to work on the issue . The board informally authorized Ms . Brock to look into it . Deputy Supervisor Burbank thanked Cal Ripkin for coming before the board . Agenda Item No. 21 - Consider authorization to waive application fees for lot area , with variances , on Fairway Drive ( See attachment #7 ) Mr. Kanter directed the board ' s attention to the memo and draft resolution in the packet, which explains the situation . He gave a quick overview for members of the audience . Deputy Supervisor Burbank recapped the basic reason for the Town waiving the Zoning Board application fees is because it was an oversight on the part of the Town . Councilman Engman moved the resolution and Councilman Cowie seconded . Board voted on motion — carried unanimously. Page 27 of 40 FINAL - APPROVED TB RESOLUTION NO. 2007-208 - WAIVER OF THE ZONING BOARD OF APPEALS APPLICATION FEES FOR AREA VARIANCES IN CONJUNCTION WITH FOUR LOTS ON FAIRWAYDRIVE, INCLUDING 12, 14, 15 AND 17 FAIRWAY DRIVE WHEREAS, the Town of Ithaca is acting as Agent on behalf of the owners of four lots located at 12, 14, 15 and 17 Fairway Drive in regard to area variances for those four lots; and WHEREAS, all four of the appeals for the above-referenced lots relate to the "Forest Home Highland Subdivision '; approved in 1985, in which the Town of Ithaca Planning Board erroneously granted waivers for those four lots to have insufficient lot widths at the street line and at the setback line; and WHEREAS, this issue was discovered when an application for a building permit for an addition on one of the above-referenced lots was submitted to the Code Enforcement Office; and WHEREAS, research regarding the history of this subdivision was conducted by the Code Enforcement Officer and Director of Planning; and WHEREAS, the Attorney for the Town and Director of Planning concur that the Planning Board did not have the authority to grant these waivers from the dimensional requirements of the Zoning Ordinance; and WHEREAS, in order to correct this problem that was inadvertently caused by the Town of Ithaca Planning Board, the Town of Ithaca Planning Department is acting as agent on behalf of the owners of the four lots on Fairway Drive to schedule four public hearings for the necessary area variances at the December 17, 2007 Zoning Board of Appeals meeting; and WHEREAS, the application fee for area and use variances is $ 100 pursuant to Section 153- 11 of the Town of Ithaca Code; and WHEREAS, Section 153- 10. B. 14 of the Town of Ithaca Code indicates that zoning, subdivision, SEQRA, ZBA, and development application fees . . . "may be waived in whole or in part, or may be modified, by the Town Board for good cause shown . Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver'; and WHEREAS, the Director of Planning and Attorney for the Town recommend that the Town Board approve the above-described waivers for the four variance application fees, each in the amount of $ 100, because the erroneous lot dimension waivers granted by Page 28 of 40 FINAL — APPR0VED the Town of Ithaca Planning Board qualifies as a "unique or special circumstance " that lot was not the fault of the owners/applicants; and WHEREAS, the Town of Ithaca Town Board has reviewed and discussed the above- described waivers of the variance application fees at its regular meeting on December 10, 2007, now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby finds that the four cases described above constitute unique or special circumstances; and it is FURTHER RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes waivers of each of the $ 100 application fees for the area variance application:) to the Zoning Board of Appeals for the four lots at 12, 14, 15 and 17 Fairway Drive, pursuant to Section 153- 10. B. 14 of the Town of Ithaca Code . MOVED: Councilman Engman SECONDED: Councilman Cowie VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye . Absent: Supervisor Valentino Agenda Item No . 22 - Consider authorizing a grant application to NYS for a local Farmland Protection Plan ( See attachment #8 ) Mr. Kanter introduced the item to the board and gave a brief summary of the grant program . Councilman Cowie moved the proposed resolution and Councilman Engman seconded . Vote — carried unanimously. TB RESOLUTION NO. 2007- 209: Authorization to Apply for Assistance Through NYS Department of Agriculture and Markets for Municipal Agricultural and Farmland Protection Plan Development WHEREAS, the New York State Department of Agriculture and Markets has announced the availability of funding for municipal agricultural and farmland protection plan development, and WHEREAS, the cost-share ratio for these funds has been established at 75 percent State and 25 percent local, and WHEREAS, the maximum funding is $25, 000 to each municipality, and Page 29 of 40 FINAL - A PPR 0 VED WHEREAS, the 25 percent local match in funds would be up to $8, 333, with the 25 percent local share required to include a minimum of 20 percent of that match be cash (minimum of $ 1 , 667), and WHEREAS, the Town 's "Comprehensive Plan " ( 1993) and the "Planning for Agriculture in the Town of Ithaca " ( 1992) documents are both in need of updating; THEREFORE BE IT RESOLVED, that the Supervisor for the Town of Ithaca is hereby authorized to file an application for funds from the New York State Department of Agriculture and Markets for Municipal Agricultural and Farmland Protection Plan Development, in an amount not to exceed a total of $25, 000, which requires the commitment of a local share not to exceed $8, 333 (including both cash and in-kind match) , resulting in a total project cost not to exceed $33, 333, and upon approval of said request to enter into and execute an agreement with the State for such financial assistance to the Town of Ithaca; AND BE IT FURTHER RESOLVED, as required in the request for applications, this resolution is to include the signature of the chair of the municipal legislative body (Town Supervisor) . MOVED: Councilman Cowie SECONDED: Councilman Engman VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Agenda Item No. 23 = Consider recommendation of appointment to Tompkins County Youth Board Councilman Engman moved the proposed resolution and Councilman Stein seconded . Vote — carried unanimously. TB RESOLUTION NO. 2007- 210: Recommendation for Appointment to Tompkins County Youth Board BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby recommends to the Tompkins County Legislature that M. Gale Smith be appointed to the Tompkins County Youth Board as a Town of Ithaca representative . Poge 30 of 40 FINAL - APPROVED MOVED: Councilman Engman SECONDED: Councilman Stein VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Agenda Item No . 24 = Consider Approval of SCLIWC 2008 Salaries Councilman Engman moved the proposed resolution and Councilman Cowie seconded . Vote - carried unanimously . TB RESOLUTION NO. 2007=211 : Approval of Southern Cayu_ga Lake Intermunicipal Water Commission Employee Wages for 2008 WHEREAS, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for Southern Cayuga Lake In term unicipal Water Commission 's (Commission) employees for the year 2008 (see attached); and WHEREAS, the said wages have been approved by the Commission at their October 2, 2007 meeting with the understanding that the union wages are yet to be negotiated; and WHEREAS, the Town Board approved the wages at the October Ott' meeting with the understanding that the union employee 's wages were yet to be negotiated, which have now been negotiated and approved by the Commission; and WHEREAS, the Tompkins County Civil Service office requested a new resolution with the accurate union wages for 2008; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the said wages for the Commission 's employees for the year 2008 as presented, and to be filed in the Human Resources Office for compliance with Civil Service . MOVED: Councilman Engman SECONDED: Councilman Cowie Page 31 of 40 FINAL - APPROVED VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Agenda Item No . 25 — Consent Councilman Stein moved the proposed resolutions and Councilwoman Gittelman seconded . Vote — carried unanimously . TB RESOLUTION NO. 2007- 212: 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 Board Minutes of November 19, 2007 b . Town of Ithaca Abstract C. Bolton Point Abstract MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino TB RESOLUTION NO. 2007- 212a : Town Board Minutes of November 19, 2007 WHEREAS, the Town Clerk has presented the minutes for its Regular Town Board meeting held on November 19, to the governing Town Board for its review and approval of filing; now therefore be it RESOLVED, the Town Board does hereby approve for filing the minutes for the meetings held November 19, 2007 as presented at the December 10, 2007 board meeting. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman Page 32 of 40 FINAL - APPROVED VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino TB RESOLUTION NO. 2007- 212b: 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, General Fund Townwide $ 149, 257. 90 General Fund Part Town $ 12, 205. 33 Highway Fund Part Town $ 36, 379. 60 Water Fund $ 23, 669. 83 Sewer Fund $ 11 , 376. 59 Fire Protection Fund $ 257, 196. 53 Forest Home Lighting District $ 155. 07 Trumansburg Rd. Water Main Impr. $ 82, 912. 88 Glenside Lighting District $ 60. 48 Hanshaw Road Water Main Im r. $ 286, 382. 29 Renwick Heights Lighting District $ 84. 53 Eastwood Commons Lighting District $ 175. 86 Clover Lane Lighting District $ 21 . 17 Winner's Circle Lighting District $ 62. 16 Burlei h Drive Lighting District $ 71 . 86 Westhaven Road Lighting District $ 231 . 59 Coddington Road Lighting District $ 137. 24 Risk Retention Fund $ 192. 40 Page 33 of 910 FINAL - APPROVED TOTAL : $ 860, 573 31 MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino TB RESOLUTION NO. 2007= 212c: Bolton Point Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment, and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 698 through 779 Check Numbers: 10484 through 10565 Operating Fund $ 208, 068. 06 1998 SCADA Capital Project $ 31328. 94 2003 East Hill Tank Proiect $ 171 . 79 TOTAL $ 211 v 568. 79 MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Stein, aye; Councilman Engman, aye; Councilwoman Gittelman, aye; Councilman Burbank, aye Absent: Supervisor Valentino Agenda Item No . 26 = Report of Town Officials ( See attachment #9 ) Page 34 of 40 FINAL - APPROVED Mr. Kanter reported that the Ithaca College Athletic and Event Center draft environmental impact statement would be going before the Planning Board on December 18 , 2007 . He briefly outlined the review process of the project . The board briefly discussed the diversity and conflict management training held December 7 , 2007 . They encouraged more staff and board training sessions in the future . Agenda Item No . 12 - 7 : 30 p . m . - Interim Report from the consultants who are conducting the Biological Study for the Northeast Area ( See attachment # 11M Deputy Supervisor Burbank invited the consultants to come up to the microphone . Ron LeCain , with LeCain Environmental Services Inc , introduced himself to the board . He assumed the board had reviewed the interim report on the environmental assess of the northeast area . He reminded the board that it was an interim report and not a final report. Mr. LeCain outlined the work before him : review of existing materials from Cornell University and a variety of other sources over the winter; draft an interim report in February; additional fieldwork in May to include surveys ecological communities , rare plants , and breeding birds ; submission of final report . He felt strongly that an extension of the study through the growing season of 2008 was the only way to give the Town a comprehensive assessment of the land and its biological resources . Mr. LeCain introduced David Werier , a local ecological and botanical consultant . Mr. Werier appeared before the board and gave a brief explanation of the process he went through in assessing the ecological significance of the land covered by the study . He then walked the board through his results , as described in the Interim Report , Deputy Supervisor Burbank asked if there were questions from the board . Councilman Engman assumed that there would be a future report regarding " critters" that lived in the area and wondered if the two reports would be merged into one report that addressed the ecological value of the land . Mr. Werier responded that these types of communities can be classified pretty well by the plants that are there . He is taking a fine-tooth approach with plants and then he is taking the coarse approach by ecological communities. If it is a rare community and of good quality, then he might find things that are very rare across the landscape . Mr. LeCain clarified that there will be discussion of fauna in the next report and the final report . They will be looking for all signs of wildlife while they are conducting breeding bird surveys and plant surveys and that will be incorporated into the report. Councilman Engman thought it would be useful to have a written definition of ecological value because the word "value" carries with it a value laden idea . It was not clear to him Page 35 of 40 FINAL - APPROVED what the value was and used young forests as an example . Mr. Werier responded that he could include more information and briefly explained the value found in young and mature forests . Councilman Engman stated it would helpful to have the protected wetlands delineated on the maps . Mr. Werier responded that they were not asked to do a wetland delineation . Mr. Kanter added that there is a wetland delineation . Mr. Werier said that they could add the wetland layer onto the map if the Town could provide them with the information . Councilman Stein stated he also had questions about what low, high , and moderate meant. He assumed it meant that if you had to give up one thing , then you would choose to give up the area of low value . When those kinds of judgments are made , he wondered what the value was being compared to . He assumed that the comparison was being made within the context of the Town of Ithaca . Mr. Werier responded that that was correct , but he was also stretching it a little bit further as well . He is not saying that things are of the highest value without feeling that they are also good on a State level or global level . Councilman Stein asked what is found in the spring that is not found during a fall survey. Mr. Werier responded that other plant species are found ; one of the conditions for quality is the - condition of the site . It is also not as easy to see plants during the fall season . Mr. Kanter noted that the report discusses invasive species and wondered if the final report could include a characterization about how invasive species in one or more sections may affect other sections in the future . Mr . Werier said he could try to do that and a lot of times with those things that is true . Past land use history is reflected in the condition of the area . Councilman Stein asked if weeds counted as biodiversity or if it was considered invasive . Mr . Werier explained that weeds are used to decide the value of the land . For example if it is an open habitat filled with dandelions , he is not that concerned about losing the dandelions because they are going to be in fields everywhere , which it the case with invasive species . Weedy basically means that the species are invasive , but is also getting at the processes that are normally going on in these types of forests . Mr. LeCain added that weeds tend to reduce biodiversity because they are very aggressive . Councilman Stein asked if that was the same thing as invasive or is invasive different . Mr. Werier stated that the "weed " is a species that can do really well in various and adverse conditions . Deputy Supervisor Burbank asked if members of the public would like to make any comments and that individuals identify themselves and keep comments succinct . David Collum , 1456 Hanshaw Road Page 36 of 40 FINAL - APPROVED Mr. Collum appeared before the board and asked the consultant if they had surveyed in advance of the tree felling would their assessment have been different . Mr. Werier responded that for sure the assessment would have been different if he had seen the area before it was logged 20 years ago . The area would have had a higher quality. Mr. Collum stated so , for example , you would face a moral issue if you found out that in anticipation of the development the developer logged the area . Mr. Werier thought that it was a good point , but did not think there were State laws to protect it . So a developer that really wanted to develop this area and get it as trashy as possible could cut all the trees and bulldoze everything around and plant a lawn . Mr. Collum stated Othat the Town Board faces a particular challenge where the message could be sent out that says if you wish to develop an environmentally tricky area destroy it before you start and he thought that it was a very serious message . David Mountin , 738 Elm Street Mr. Mountin appeared before the board and noted Mr. Werier had mentioned the fragipan . He asked if that type of soil would have a greater impact regarding development . Mr. Werier responded that Mr. LeCain and other consultants are working on a hydrological study of the area . From an ecological standpoint , he would need to see the hydrological data to see how the ecological community was impacted . His biggest concern would be the swamp because a change in hydrology could impact it . Mr. LeCain added that the Town has already commissioned an extensive report on the effects of this development and hydrology. He visited the site with Erik Whitney and John Holma . John Holma has a lot of expertise on the effects of development on aquatic features from an ecological perspective . Mr. LeCain has not received Mr. Holma' s final comments yet nor have they finished reviewing the hydrological study , but it will be part of the final report . Larry Fabbroni , 1 Settlement Way Mr. Fabbroni appeared before the board and introduced himself as Mr. Lucente' s project manager and project engineer. He stated that they have and will continue to be willing to provide any materials that would help with the study . They are also willing to guide the consultant through the project as opposed to influencing them in any way. Mr. Fabbroni asked for a copy of the interim report . He stated he was not able to fully comment on the report since he had not read it , but from what the consultant presented to the board it sounded as if the consultant's findings were matching up to what they have studied . Mr. Fabbroni stated they have reached out a little further to take look at themselves in the mirror in terms of what the Town is interested in and sensitive about. Along those lines , they won 't have a lot of project measuring up against what the field in general Page 37 of 40 FINAL - APPROVED uses . They have heard repeatedly NYS Natural Heritage Program , which seems to be a well -respected group in terms of assessing the value of the ecology . They will have a problem if the rareness traces itself back to one person in Tompkins County , which is not a reflection of the person , but the general feeling in the field is that the assessments don 't have much meaning in the profession beyond Tompkins County. He stated that he was saying this as a friendly caution and that they would like to see recognized standards used in the end to assess the value of the ecology. Mr. Fabbroni stated that it was an absolute lie that the developer logged the land off three years . To the best of his knowledge the area south of Sanctuary Drive and north of the delineated wetland was logged in the late 1980s or early 1990s . He has been familiar with the property for over 30 years and has surveyed the complete boundary of the project . If there were any trees cut down during that period , it would have been for the home sites being developed on Briarwood Drive . Mr. Fabbroni hoped that now that they are out of the heat of the electoral season that the board can look at the information submitted over the last 5 '/2 years , measure it against what they are hearing from the consultant , and come to the same opinion that the land being donated to Cornell is the most valuable ecologically of the 48 acres . The unique and valuable species talked about in the report are within the lands being donated to Cornell . He encouraged the board to take time and look at the various information and various assertions that have been made about the project . Deputy Supervisor Burbank thanked Mr. Fabbroni for his comments and provided Mr. Fabbroni with a copy of the interim report . Councilman Cowie asked Mr. Fabbroni to identify the parcels being donated to Cornell . Mr. Fabbroni identified the parcels for the board on a map provided by the consultant . Stephen Wagner, 112 Sapsucker Woods Road ( See attachment # 11 ) Mr. Wagner appeared before the board and thanked Mr. LeCain and Mr. Werier for their report. He also thanked the board for the opportunity to comment on the report and proceeded to read from a prepared statement . Deputy Supervisor Burbank asked if there were anyone else from the public who wished to address the board . There being none , he brought the matter back to the board for discussion . Councilman Stein brought up Mr. LeCain ' s suggestion that the moratorium be extended for an additional 3 months . He stated there are a number of issues having to do with that and wondered what extra work would be done within that 3 months and how much it would increase the cost of the contract . Mr. LeCain answered that it would be approximately an additional $5000 to $6000 . He would prepare a scope of work and budget for the board if they chose to extend the study . Councilman Engman stated there was a list of publications that the board wanted to have looked at in the study that was in the request for proposal and contract . He asked Page 38 of 40 FINAL - APPROVED Mr. LeCain if he has received the publications . Mr. LeCain indicated that Ms . Ritter had provided him with the publications , but would check the list again . There are additional resources that they will be reviewing as well . Deputy Supervisor Burbank thanked the consultants for their presentation and stated the board looked forward to their next presentation . Agenda Item No . 27 = Report of Town Committees Personnel Committee Councilman Cowie reported that the Personnel Committee had a productive meeting with the Employee Relations Committee . He thought that the meeting went very well . Public Works Committee Councilman Stein reported that the Public Works Committee has discussed the water problems in the Northeast area and have decided that they need to get a complete catalog of what the problems are . The Committee has designed a survey which will contact the owners and residents of the properties of the northeast area asking if they have had problems and what the problems are . The information would then be put into a database for technical staff to look at and try to decide how the handle the problems . Councilman Stein stated that the plan is to have two public meetings ; the first would announce the survey and the second would present the survey findings and what the Town thinks could be done . Agenda Item No . 28 — Intermunicipal Organizations Southern Cayuga Lake Intermunicipal Water Commission Councilman Engman reminded the board of the lawsuit between the Commission and the County regarding Health Department Fees , The Court has ruled in favor of Bolton Point and that the County needs to establish a system that is based on the amount of effort that it takes to conduct the inspections , not on the size of the municipality or number of users . It was also ruled that because Bolton Point was late in getting the lawsuit under motion that they are liable for the higher cost for two years . Deputy Supervisor Burbank reported that he attended a public meeting on the Black Diamond Trail . Councilman Engman added that he attended a public meeting on a different night than Deputy Supervisor Burbank and the night he went there was an amazing show of support for the trail from the local community. He did complain that the projected timeframe of 7 to 9 years to complete the section from Cass Park to Taughannock Falls State Park was excessive . The sections through the City and south to Treman State Park is going to be much more complicated and difficult . Councilman Engman reported that the Tompkins County Council of Governments continues to work on the contract with the SPCA . They are also continuing work on the health insurance consortium . Ms . Drake added that they have been meeting every two Page 39 of 40 FINAL - APPROVED weeks to work on the municipal agreement . They have also been spending time reviewing each municipality' s plan design and from there they are going to work on RFPs . Councilman Engman explained that at some point the Town will have to decide whether or not to join the consortium . Councilwoman Leary asked if dental coverage would be included as well . Ms . Drake responded that they are hoping to add additional insurances in the future . ([A Agenda Item No . 29 = Review of Correspondence ( See ai6 #12)� Councilwoman Leary commented that the new system for correspondence was a nice system . Agenda Item No . 30 — Adiournment Upon motion by Councilman Stein , seconded by Councilwoman Gittelman , Deputy Supervisor Burbank adjourned the meeting . Respectfully Submitted , eel f Karen M . Billings , Town Clerk Page 40 of 40 A4 fV1440QSA 12 / 10 / 2007 TOWN BOARD MEETING ATTACHMENT # 1 AVA0A 14 So lf? i�Ja cvsj 1;L J> tfjC <O �4 e6 , &Y1 1.007 00Us5 ;ej . 4r llW4,4 Fray, � Ad[We Y� MCrd1a Flo ocro �1A r %rIePIA1C ICi)'0'2 .¢s� �,� �Q / forpHAU);-(p,Pag.B.fr,, o'wS/& 44) D ,16e tAk ;`'4*404*644- 5&40 CL r R / PD Pokier ©rF, c A oVlal 6t4 Apaw um- 3 A71,�x�� r3� � iL1/3W45 d P. rMFb • Thrr sko ✓6cc D '✓&�- 8 �� zlek s6041AIli-CC - LFIj > �jr7Gi,✓ ylaK� ®� �TiJ c5 +�ie �. a�Ct,V, e7gD gy I�6kujt�J77 DES i art(/ 444 Di5C,05 bo to.C.A ok) FZ46fB 1LJ V CA Z .3TWeX1s#,vg o+ e' Ajrolol l'eA.y CS / H/l fiR i o 4 4,b rev 5 ae6444q ) , d� 4 /c/pe. C,a, CA .c�vc'�r�3ti ��t.��>j ,cv 2 W46 7#r, J!i/ rGle O A-,14!ZA)6 Cox 77oU01AJG rqZ l/Avl.)72Arot 06'.91V,s5 lgotfr ro>iAIG 0465 I FiACr�IC-O- 45 OA) j/- � ;ZVCkS . T a57% dA15W H� �ar o lz #,C r 4ldrAk 6501e.0 lrro � vJf�� & A j 11C4 rW r#, S 15 eoCir�c 5 . -yoSh� C � — #/�5 /�� i9D � �dS/C �' :�f/ .��� � v � i .s C' vjpjeg; TkY 8X40*V6 e /A)Zk) OA) l=r*/kg -v,ACc: IrCIC 6446 //Cl r. OF T� 12 / 10 / 2007 TOWN BOARD MEETING - - - - 9� TOWN ITHA��cxMENT � 2 ,A � EIV �.� � 14 - �� w 215 N . Tioga Street , Ithaca, N .Y . 14850 www . town . ithaca . ny.us TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 TO : TOWN BOARD FROM : COMPREHENSIVE PLAN REVIEW COMMITTEE RE : RECOMMENDATIONS REGARDING UPDATE OF 1993 COMPREHENSIVE PLAN DATE : DECEMBER 4, 2007 The Comprehensive Plan Review Committee was appointed by the Town Board in early 2007 with the task of reviewing the 1993 Town of Ithaca Comprehensive Plan (Plan) and related documents, and the directive to report back to the Town Board with recommendations regarding an update of the Plan . Committee members included Herb Engman, Cathy Valentino , Pat Leary and Will Burbank . Staff support was provided by the Planning Department . The Committee has met monthly since March 2007 . The Committee has reviewed the Plan itself and related documents such as the Park, Recreation & Open Space Plan . The Committee has completed its review of the Plan and is reporting back to the Town Board with the following recommendations . In general , the Committee has found that the :Plan was very well prepared and is still largely relevant to the Town ' s current situation . Many of the Plan ' s recommendations have been implemented, such as a complete . revision of the Town ' s Zoning Ordinance, adoption of a new Transportation Plan, enactment of Conservation Zones and other environmental protection measures, and a voluntary purchase of development rights program for the preservation of agricultural land . The Committee has also found that there is a lot of new information available since the 1993 Plan was adopted, and some issues , such as affordable housing, are coming into focus more clearly than in the past, and require further attention . In summary, the key recommendations agreed to by the Committee include the following: ( 1 ) There should be a full update of the Plan . The Committee reviewed the Plan section by section, and details of those discussions are included in the minutes of each meeting (available for review in the Planning Department), including discussions of the sections and elements of the Plan that should receive particular attention in the update . A summary of the highlights of this review is included below . (2) The Plan update should begin early in 2008 and will probably be a two-year effort. (3 ) One of the first phases of the update should be an update of the 1990 residents survey to help determine what directions residents would like to see the Town go, what current issuers need to be addressed, what has changed since the 1993 Plan, what new facilities and programs would residents like to see, etc. The Committee agreed that the survey should, among others, include follow-up questions related to those in the 1990 survey, and that technical assistance in formatting, conducting and analyzing the survey should be requested from the Cornell Survey Research Institute or similar consultant . Funds for technical assistance in conducting the survey have been included in the adopted 2008 Budget . (4) The Committee recommends having the bulk of the work on the Plan update done by Planning Department staff as a team approach working with a committee established by the Town Board to oversee the Plan update. To accomplish this, the Committee recommends the hiring of an additional full -time Planner (time-limited) for up to two years to enable the Planning Department as a whole to work on the Plan update, which is a major new initiative. The additional Planner would assist with the routine work of the department on a number of projects . The Committee recommends this approach rather than hiring a consultant to prepare the Plan update. Funds for the additional Planner position (salary and fringe benefits) have been approved in the adopted 2008 Budget. (S) The Committee discussed possible committee structure for the Plan update. Preliminary . ideas are that there should be one committee coordinating the Plan update (i . e. a steering committee), which should not be too large (8 -9 members) and should include 2-3 Town Board members and others with relevant expertise and knowledge that would be relevant to the Plan update. This would in effect be a citizen committee that would be appointed by the Town Board . It is suggested that this steering (or core) committee (including Town Board members) would meet regularly and be responsible for the overall Plan update. At its meeting on November 14, 2007, the Committee discussed a model in which the steering committee could reach out to focus groups and/or special interest groups . Focus groups would not be regularly meeting committees. Rather, they would be groups that would be asked for input on specific subjects of interest to the steering committee on an as-needed basis, focusing on areas such as housing, environment, agriculture, neighborhoods, energy/green building, education, and business/development. Some focus groups would include already existing organizations . Others would be assembled as needed . The attached conceptual diagram illustrates the relationship between the steering committee and possible focus groups. (6) The Committee agreed that the Town and City of Ithaca Plan update efforts should be coordinated, and that should be discussed further by the committee that is appointed to update the Plan. One suggested approach would be to include a City of Ithaca liason on the Town ' s Plan update committee, and a Town liason on the City' s Plan update committee. In addition, the Plan should include a focus on the Town ' s inter-relationship with other adjoining municipalities, especially where there are potential areas of conflicting uses or other impacts and where others are involved in Comprehensive Plan updates . (7) The Committee suggests focusing attention in the update on the following sections of the Plan (Minutes of all Committee meetings are available in the Planning Department for anyone interested in seeing the details of the discussions) : a. Inventory (Chapter Il) : The Committee found that although the Inventory contained much valuable information, it is not reader-friendly and in some cases is repetitive. The Committee 2 suggests that the update include relevant updates to the Inventory information and that much of that information could be included in Appendices . b . Patterns, Development Trends : The Committee felt that the update would be especially helpful if it includes summaries of trends and development/growth patterns that have occurred since the 1993 Plan (Chapter II) . c. Data, Demographic Trends : The Committee recommends incorporating relevant updated Census (2000) and other available demographic data and trends in the Plan update (Chapter II) . d . Housing: The Committee found that although the 1993 Plan included a good beginning framework for housing, there has been much recent information and documentation regarding the need for affordable housing, and that the Plan update should focus on this as a major issue in the Town. The Committee also felt that it would be important to define what the term "affordable housing" means as it applies to the needs in the Town of Ithaca. The County Planning Department recently completed its Housing Needs Study, and the County and several municipalities (including the Town of Ithaca) have now joined together to support a Housing Strategy for Tompkins County. The Committee also thought that it would be helpful for the update to include data on building permits regarding numbers and types of housing units constructed since the 1993 Plan . e. Parks and Open Space : The Committee recommends reviewing the 1997 "Park, Recreation & Open Space Plan", and revising as necessary as part of the Plan update. Items to address in particular include a review of how the agricultural land preservation program has been working and looking at additional protection measures for significant natural areas . In addition, the update could revisit the priorities that have been established relatively between agricultural land preservation and natural area preservation. The Committee also felt that there should be additional focus on plant and wildlife habitats, invasive plant species, and biological corridors . f. Growth and Nodal Development : The Committee felt that the Plan update should focus more clearly on where to guide new development in the Town and what the optimal build-out for growth in the Town would be. The Committee recommends that the Plan update include more specific focus on specific opportunities for nodal development, the concepts of which are highlighted in the Tompkins County Comprehensive Plan and in the Town ' s new Transportation Plan . The Committee felt that the 1993 Plan is not very specific in this subject, and an update should look at specific areas and opportunities for mixed-use, higher density development that would be transit oriented and pedestrian and bicycle friendly. There appear to be such opportunities on East Hill , South Hill , and West Hill , and targeted nodes of development could provide for opportunities for a wide range of housing types and income levels, as well as small -scale, neighborhood oriented commercial uses. In addition, the Committee recommends including an updated analysis of infrastructure in the Town, including public sewer, water and stormwater facilities, and how this infrastructure relates to the growth potential in the Town . g. Agriculture : The Committee recommends that the Town Board work with the Town Agriculture Committee to update the "Planning for Agriculture in the Town of Ithaca" report 3 s � ( 1992) and include an update regarding agriculture in the Plan update. The Committee also suggests applying for the local agriculture and farmland protection planning grant program that is now available from the NYS Department of Agriculture and Markets, and using that program to assist in the preparation of the update to the agricultural component of the Plan . h . Inter-municipal Cooperation and Coordination : The Committee recommends that the Plan update should include additional focus on opportunities for inter-municipal cooperation and coordination. Att . cc : Thys Van Cort, City of Ithaca Director of Planning & Development 4 i t MODEL FOR COMPREHENSIVE PLAN UPDATE COMMITTEE Housinq Focus Agriculture Group (Ag . Comm . ) Trans,Qortation - Trans . Com- . - I'TCTC - 'Tt^A1T Neighborhood Croups Ehvirorunent Focus Grour) STEERING COMMITTEE EduCELtion - Cornell - I . C . S . D . T-ake/ Water Res . Focus Groun Business/ Energy Develornt Cseen Bldg . - Ch of Comm . Focus Coup - Hcme Bldrs . Assoc . Steering Committee — Would meet regularly and provide oversight and policy direction for the Comprehensive Plan update. It would consist of approximately 8 -9 members, including 2-3 Town Board members, 5 -6 others to be appointed by the Town Board, and possibly a City liason to facilitate coordination of the City and Town ' s Plan updates . Focus Groups — These would not be regularly meeting committees . They would be groups that would be asked for input by the Steering Committee on specific subjects of interest on an as- needed basis . Some focus groups would include individuals from already existing organizations . Others would be assembled as needed . These focus groups would be only one portion of an overall public participation process. Town of l:thaea C.;oMprehensive Revie.v C;omniittee Decenibei° 4 .. 200 12 / 10 / 2007 TOWN BOARD MEETING - ATTACHMENT # 3 y �S ip f lji t?Q 9 a f � Tornp zins County SPCA s great to be alive " December 7 , 2007 Mr. Don Barber Chair, Tompkins County Council of Governments c/o Ms . Jackie Kippola Tompkins County Administration 125 East Court Street Ithaca, NY 14850 Dear Supervisor Barber and members of the Tompkins County Council of Governments., Our community has come together in an extraordinary way over the past several years to create what is currently a nationally recognized model program for animal control and sheltering in Tompkins County. The SPCA alone cannot protect the lives of healthy animals in our community; our wonderful success in Tompkins County has only been possible with support from community members and government leaders . It is because of this fact, and that the SPCA ' s first priority is the welfare of the animals, that we ask you to continue to help Tompkins County preserve its current success . The SPCA ' s executive director and board of directors have reviewed the draft of the RFP for animal control services that was distributed at last week ' s TCCOG meeting. It is our opinion that the RFP is missing several major components and does not include all of the services required by the State of New York. We are concerned that the necessary edits cannot be made in time for the scheduled January 2 , 2008 release date, and that if the RFP goes out as it is written, the bids you will receive will not adequately address your needs or the real costs involved with meeting even minimum requirements . The resulting bids of this RFP may look good in terms of cost, but will most certainly be missing several key components and represent a lower quality of service than you currently receive. The SPCA has been approached by several community members bringing us their concerns about the future of animals in our county. We too are very concerned, and have been working hard to find other solutions and alternatives to keep our collaboration from falling apart . As we talked with community members, one group, (who wish to remain anonymous) , has stepped forward with a one-time donation to help support the animal control program at the SPCA through 2008 , in order to allow us more time to work together to find an acceptable solution ; one that doesn ' t put animals ' lives at risk, but that keeps the county unified behind this wonderful record of lifesaving success . We ' re writing to you to ask you to consider another way to address this issue short-term, and we hope this solution . will get us back at the table together to discuss the best way to move forward and allow enough time to do a thorough job if an RFP is to be released . The SPCA, as a result of this one-time private contribution, is offering to extend the currently agreed upon rate increase of 50% over last year' s fee to apply for all of 2008 . A replacement contract amendment will be sent out to each municipality to reflect this adjustment . We hope that you will accept this proposal and allow for a meaningful and productive conversation about animal control in Tompkins County to take place in the coming months . Sincerely, Aib4 & Abigail Smith Executive Director til Robert O ' Brien President, Board of Directors Tompkins County SPCA 1640 Hanshaw Road, Ithaca, NY 14850 (607)257- 1822 www. spcaonlme.com AMENDMENT This Amendment applies to the Agreement for animal control services dated 01 / 01 / 2007 between the Town of Ithaca ( "Town " ) and the Tompkins County Society for the Prevention of Cruelty to Animals ( " SPCA" ) , 1640 Hanshaw Road , Town of Dryden , County of Tompkins, State of New York 1 . To Article II , add : " Effective January 1 , 2008 , the Town will pay to the SPCA $ 31 , 050 as follows : $2 , 587 . 50 ( = 150% of the 2007 monthly rate ) per month , payable on or before the 10th of the respective month . The term of this amendment will remain in effect until December 31 , 2008 . 2 . Mutually agreed changes to this amended Agreement must be in writing and signed by the parties hereto . 3 . All other terms and conditions of the original agreement shall remain in force . AGREED : Town of Ithaca Tompkins County SPCA By : By : Abigail Smith Title : Title : Executive Director Date : Date : November 29 , 2007 AMENDMENT This Amendment applies to the Agreement for animal control services dated 01 /01 /2007 between the Town of Ithaca ("Town") and the Tompkins County Society for the Prevention of Cruelty to Animals ("SPCA") . 1 . To Article Il , add : "Effective January 1 , 2008 , the Town will pay to the SPCA $ 2 , 587 . 50 (= 150% of the 2007 monthly rate) per month, payable on or before the 15th of the respective month. Effective April 1 , 2008 , unless a new contract is negotiated with the S . P . C. A. , this amount becomes $ 3 , 450. 00 (equal to 200% of the 2007 monthly rate) . " 2 . In Article III : Change : the effective ending date to : March 31 , 2008 . Add : Either party may cancel this Agreement upon 60 days written notice to the other party. Such notice may be given any time after April 1 , 2008 . 3 . Mutually agreed changes to this amended Agreement must be in writing and signed by the parties hereto . AGREED : Town of Ithaca Tompkins County Society for the Prevention of Cruelty to Animals By: By: Abigail Smith Title: Title: Executive Director Date: Date : R of 710 12 / 10 / 2007 TOWN BOAFMG1LE$WATC# 7 ATTACHMENT # 4 . t ea ent of Assessment 128 East Buffalo; a Valeria Coggin j 1i Jay Franklin Director ` ff t Assistant Director ' i �` November 8 , 2007 Town of Ithaca I NOV 13 � ' `°' t Karen Billings i 215 N Tioga St ATTEST ' Ithaca NY, 14850 ITHACA TOWN CLERV Dear Karen , This letter is to inform you that the New York Legislature has increased the maximum income level for eligibility for the " Persons sixty-five years of age or over" ( RPTL 467) and the " Persons with disabilities and limited income" ( RPTL 459- C ) exemptions . The previous legislation allowed for an income limit of $26 ,000 to receive a fifty percent (50 % ) reduction in taxable value . The new legislation signed into law this year allows for the minimum level to increase to $27, 000 . In addition , this new legislation allows for the maximum income level to be increased to $35 , 399 for eligibility for a five percent (5% ) reduction in taxable value. The Tompkins County Legislature at their November 7 , 2007 meeting decided to increase the maximum income level in order to receive a five percent reduction to $35,399 . The new scale is as follows : COUNTY Exem tion Percenta e UP TO - 271000 50% EQ/MORE LESS THAN 27 ,001 27 , 999 45% 28 , 000 28 , 999 40% 29 , 000 29 , 999 35% 301000 307899 30% 30 ,900 312799 25% 31 ,800 32 , 699 20 % 32 , 700 33 , 599 15% 337600 34 ,499 10 % 34 , 500 35 , 399 5% Enclosed please find a spreadsheet listing all of the taxing jurisdictions within Tompkins County and their current corresponding income limits . If your municipality/school district would like to adjust your income scale for these two exemptions , the Department of Assessment needs to be notified by February 1 , 2008 to apply the higher income limit to the 2008 Tentative Assessment Roll . Also, the New York State Legislature has passed a new Veterans' Exemption for " Cold War Veterans" that municipalities may choose to opt into . This exemption would apply to any veteran who served for at least 1 year during the time period of September 2 , 1945 to December 26 , 1991 and who was honorably discharged . If a municipality chooses to opt into this exemption , there are two decisions that they must make for this exemption . One is to choose the percentage to offer and the second is to choose the maximum exemption to be granted . The following shows the different options available . Option 1 - 10% Exemption Mail Address: Tel : 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca , New York 14850 assessment:@tompkins-co.org hftp://www.tompkins-co .org/assessment/ 1 r Option A - Maximum Exemption $4 ,000 or 10 % of Assessed Value (whichever is less ) . '/2 Disability Rating up to a maximum of $20 , 000. Option B - Maximum Exemption $6 , 000 or 10 % of Assessed Value (whichever is less ) . %2 Disability Rating up to a maximum of $30 , 000 . Option C - Maximum Exemption $8 , 000 or 10% of Assessed Value (whichever is less). % Disability Rating up to a maximum of $40 , 000 . Option 2 — 15 % Exemption Option A - Maximum Exemption $6 , 000 or 10 % of Assessed Value (whichever is less) . '/ Disability Rating up to a maximum of $20 , 000 . Option B - Maximum Exemption $9 , 000 or 10% of Assessed Value (whichever is less) . '/2 Disability Rating up to a maximum of $30 , 000 . Option C - Maximum Exemption $ 12 , 000 or 10% of Assessed Value (whichever is less) . 1/ Disability Rating up to a maximum of $40 , 000 . If your municipality would like to consider this Cold War Veterans Exemption , please contact me so that I can provide further details regarding this exemption . Currently,, there are many amendments on the floor of the State Legislature for that may have passed by the time you are ready to consider opting into this exemption . If you have any questions please do not hesitate to give me a call . Sincerely, Jay Franklin Assistant Director of Assessment Division of Assessment 2 November 9 , 2007 Y Tompkins County Municipality 11 /9/2007 Senior/Disability Income Scales Income Limits Town of Enfield Income Limits Town of Caroline UP TO - 24 , 000 F 50 % UP TO 21 , 000 500/. Town of Dryden EQ/MORE LESS THAN EQ/MORE LESS THAN 241001 241999 45% 21 , 001 22 , 000 45% Village of Trumansburg 251000 25 , 999 40 % 221001 231000 40% 261000 261999 35 % 231001 241000 35% 271000 271899 30% 24 , 001 24 , 900 30% 271900 281799 25% 241901 251800 25% 281800 291699 20 % 251801 261999 20% 29 , 700 30 , 599 15 % 307600 311499 10 % 21 ; 000 26 , 700 311500 321399 5% Village of Dryden Income Limts 24 , 000 321400 0- 15 , 000 I 50%° 15 , 001 -151600 45 % Income Limits . 15 , 601 -16 , 200 40 % Town of Groton UP TO - 20 , 500 F 50% 16 , 201 -16 , 800 35 % Town of Newfield EQ/MORE LESS THAN 16 , 801 - 17 ,400 30 % 20 , 501 21 , 500 45 % 17 , 401 - 18 , 000 25 % 211500 221500 40 % 18 , 001 -18 , 600 20 % 22 , 500 23500 35 % 231500 241400 30% 15 , 000- 18 , 600 241400 25 , 300 25 % 251300 26 , 200 20% Cayuga Heights Income Limits 261200 271100 15 % 271100 281000 10 % UP TO 171500 F 50 % 281000 28 , 8991 5 % 20 , 500 281899 Village of Freeville Income Limts 10-71200 50 % Village of Lansing Income Limits UP TO - 191500 F 50 % County Income Limits EQ/MORE LESS THAN Danby UP TO - 261000 F 50 % 191501 20 , 499 45 % Tn Lansing EQ/MORE LESS THAN 20 , 500 211499 40 % Vlg Groton 26 , 001 261999 45% 21 , 500 22, 499 35 %o Cify of Ithaca 27 , 000 27 , 909 - --- 22 , 500 231399 30 % Town of Ithaca 28 , 000 281999 35 % 231400 241299 25 % Town of Ulysses 291000 291899 30 % 241300 251199 20 % 29 , 900 301799 25 % 251200 261099 15 % 30 , 800 311699 20 % 261100 261,999 10 % 311700 321599 15 % 27 , 000 271900 5 % 327600 331499 10% 331500 341399 5% 18 , 500 27 , 900 26 , 000 34 , 400 12 / 10 / 2007 TOWN BOARD MTG ATTACHMENT # 5 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding executed on December �� , 2007 sets forth the understanding of the parties as follows : A. On March 10, 2003 , the city of Ithaca and town of Ithaca entered into a renewed fire protection contract for the provision of fire and emergency medical services for a portion of the town of Ithaca, and B . The fire protection contract entered into between the parties on March 10, 2003 , by its terms, expires on December 31 , 2007, and C . The provisions of said contract will continue in force, at the 2007 payment level, while negotiations on the terms and conditions of a new contract progress, and D . The terms and conditions of the contract entered into between the parties through Dt,c, CJAA e// 3/ Z va 1 - IBJ, shall be extended and continue in full force and effect through March 31 , 2008 , unless the parties mutually agree to different terms prior to such date, and E . In addition to the foregoing, the Town of Ithaca will make payments to the city of Ithaca, as described in section 5 of said agreement, as a portion of the total share due under the terms of the fire protection agreement in 2007 . SO AGREED : CITY OF ITHACA TOWN OF ITHACA By: By: _ Carolyn Peterson, Mayor Ga er ite-Valentino , Supe isor � � BOARD OF FIRE COMMISSIONERS By: Robert S . Romanowski, Chairman OF IT 12 / 10 / 2007 TOWN BOARD MEET 'Sy ATTACH 1�`� � ! TOWN ® F ITUX CA 215 N . Tioga Street , Ithaca, N .Y . 14850 www . town . ithaca . ny .us TOWN CLERK 273 - 1721 HIGHWAY (Roads, Parks, Trails, Water Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX ( 607) 273- 1704 To : Cathy Valentino , Supervisor Town Of Ithaca Sandy Gittelman , Councilperson Will Burbank, Chair Recreation & Human Services Committee Peter Stein , Councilperson Pat Leary, Councilperson Jeff Cowie , Councilperson Herb Engman, Councilperson From : Mamie Kirchgessner, Recreation and Youth Coordinator On October 22 , 2007 Rich Schoch and I met with Don Waddell and Pat Stage, representatives of the local Babe Ruth & Cal Ripkin organizations . As you are aware the Town entered into a memo of understanding with the Cal Ripkin League for use of the ball field at Tutelo Park this spring. Use of the regulation little league field allows the organization to sponsor tournament play in Tompkins County The organization is looking forward to utilizing the field in spring 2008 arid is in the process of developing other options for league and tournament use . The primary purpose of the meeting was to discuss the possibility of two requests . • The putting in place of an electronic scoreboard provided by the organization to be installed at no cost to the Town . • The utilizing of the field fence to promote healthy life style choices by selling temporary advertising to organizations that support those choices . (i . e . Reality Check a youth oriented anti - smoking campaign ; Reality Bites local program fighting childhood obesity, etc . ) The purpose of the second item is to increase revenue to the organization which operated at a deficit again this year. Cal Ripkin charged $ 80/participant this year and . the concern is any significant increase to balance the budget would affect the ability of many to play in the league . Although scholarships are available through the ECHO fund at the Ithaca City Youth Bureau they do not include summer play. _ 12 / 10 / 2007 TOWN BOARD MTG ATTACHMENT # 7 AVEN >D A_ TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM : JON KANTER, DIRECTOR OF PLANNING DATE : DECEMBER 3 , 2007 RE : WAIVER OF ZONING BOARD APPLICATION FEES — 12, 14, 155 AND 17 FAIRWAY DRIVE The Town Board is being asked to consider waivers of the $ 100 fees to the Zoning Board of Appeals (ZBA) for area variance applications for four lots on Fairway Drive. The Town of Ithaca is acting as Agent on behalf of the owners of four lots located at 12, 14, 15 and 17 Fairway Drive. All four of these appeals relate to the Forest Home Highland Subdivision that was approved in 1985 , in which the Town of Ithaca Planning Board erroneously granted waivers for those four lots to have insufficient lot width at the street line and at the setback line. These four lots are located at the end of the cul-de-sac on Fairway Drive, as shown on an excerpt from the approved subdivision map. This issue was discovered when an application for a building permit for an addition on one of the lots was submitted to the Code Enforcement Office. Research regarding this lot led to the . discovery that the four lots in question have insufficient lot widths and had received no variances from the Zoning Board of Appeals, although all four lots now have houses for which building permits were issued . Review of the Planning Board files regarding the Forest Home Highland Subdivision indicated that the Planning Board had relied on a waiver provision in the Town Subdivision Regulations that authorizes the Planning Board to waive or modify certain of the requirements of the Subdivision Regulations themselves, but not of the Zoning Ordinance requirements regarding lot dimensions or requirements. Although the cluster provisions of the Subdivision Regulations do provide limited authority for the Planning Board to modif 7 lot area and other dimensions under certain circumstances, this has to be done in conjunction with approving the subdivision as a cluster subdivision, with specific reference to using that authority as provided in State enabling legislation. Such authority was not cited in the Forest Home Highland Subdivision. In addition, there was no evidence in the Minutes of the relevant Planning Board meetings that the Planning Board intended to use the cluster provisions to approve that subdivision, which would have included items such as a permanent set -aside of open space and a permanent buffer established around the perimeter of the subdivision. In order to correct this problem that was inadvertently caused by the Planning Board, the Town of Ithaca Planning Department is acting as agent on behalf of the owners of the four lots, with their consent , to schedule four public hearings for the necessary area variances at the December 17, 2007 Zoning Board of Appeals meeting. The application fee for each variance would be � a $ 100 (Chapter 153 , Section 153 - 10 of the Town of Ithaca Code) . Section 153 - 10. B ( 14) allows fees to be waived in whole or in part by the Town Board for "good cause shown" . "Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which would warrant, in the judgment of the Town Board, such a waiver. " The Director of Planning and Attorney for the Town recommend that the Town Board approve the above-described waivers for the four variance application fees, each in the amount of $ 100, because the erroneous lot dimension waivers granted by the Planning Board qualify as a `unique or special circumstance" that was not the fault of the owners/applicants. A draft resolution authorizing the waiver of all four ZBA application fees is attached for the Board ' s consideration. Please let me know if there are any questions regarding this matter. Att . cc: Town of Ithaca Planning Board Town of Ithaca Zoning Board of Appeals 2 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, DECEMBER 10 , 2007 RESOLUTION NO , 2007WAIVER OF THE ZONING BOARD OF APPEALS APPLICATION FEES FOR AREA VARIANCES IN CONJUNCTION WITH FOUR LOTS ON FAIRWAY DRIVE , INCLUDING 12 , 14 , 15 AND 17 FAIRWAY DRIVE WHEREAS , the Town of Ithaca is acting as Agent on behalf of the owners of four lots located at 12 , 142 15 and 17 Fairway Drive in regard to area variances for those four lots ; and WHEREAS , all four of the appeals for the above- referenced lots relate to the " Forest Home Highland Subdivision" , approved in 1985 , in which the Town of Ithaca Planning Board erroneously granted waivers for those four lots to have insufficient lot widths at the street line and at the setback line ; and WHEREAS , this issue was discovered when an application for a building permit for an addition on one of the above-referenced lots was submitted to the Code Enforcement Office ; and TY erg. WHEREAS , research regarding the history of th ' tubdivision was conducted by the Code Enforcement Officer and Director of Planning , nd ' WHEREAS , the Attorney for the Town and Director` bffi Pbnning concur that the Planning Board did not have the authority Cant Nt1 ese waivers from the dimensional requirements of the Zoning Ordinance;; and WHEREAS , in order to correct t .is problem that was inadvertently caused by the Town of Ithaca Planning Board , the `own ofI#haoa Planning Department is acting as agent on behalf of the owners of the fou ots o Fairway Drive to schedule four public hearings for the necessary area variances MAI December 17 , 2007 Zoning Board of Appeals meeting ; and WHEREAS , the application fee for area and use variances is $ 100 pursuant to Section 153- 11 of the Town of Ithaca Code ; and WHEREAS , Section 153- 10 . 8 . 14 of the Town of Ithaca Code indicates that zoning , subdivision , SEQRA , ZBA , and development application fees . . . " may be waived in whole or in part , or may be modified , by the Town Board for good cause shown . Such cause may include , but is not limited to , an extreme hardship to the applicant in paying for all or a portion of the review fees , the benefit to the general community that would be provided by the proposed project , or other unique or special circumstances which would warrant , in the judgment of the Town Board , such a waiver" ; and WHEREAS , the Director of Planning and Attorney for the Town recommend that the Town Board approve the above-described waivers for the four variance application fees , each in the amount of $ 100 , because the erroneous lot dimension waivers granted by the Town of Ithaca Planning Board qualifies as a " unique or special circumstance" that was not the fault of the owners/applicants ; and WHEREAS , the Town of Ithaca Town Board has reviewed and discussed the above- described waivers of the variance application fees at its regular meeting on December 10 , 2007 ; now therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby finds that the four cases described above constitute unique or special circumstances ; and it is FURTHER RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes waivers of each of the $ 100 application fees for the area variance applications to the Zoning Board of Appeals for the four lots at 12 , 143 15 and 17 Fairway Drive , pursuant to Section 153- 10 . 13 . 14 of the Town of Ithaca Code . MOVED : SECONDED : Ce VOTE : . lI` � ry 2 _ 12 / 10 / 2007 TOWN BOARD MEETING i ATTACHMENT # 8 A-.IG-]E X D A- # 2-2 PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM : MICHAEL SMITH , ENVIRONMENTAL PLANNERAil- DATE : DECEMBER 3 , 2007 RE : MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLANNING GRANT Attached are materials related to the Town applying for funding to develop an Agricultural and Farmland Protection Plan . The New York State Department of Agriculture and Markets has recently released a request for applications for State assistance for municipal agricultural and farmland protection plan development ( see attached letter) . The maximum funding allowed is $ 25 ,000 to each municipality and projects should be completed with 24 months . There is no deadline for applications, as grants will be funded on a first come first serve basis until funding for FY2007 -2008 has been awarded . It has been discussed that both the Town ' s "Planning for Agriculture in the Town of Ithaca" ( 1992 ) document and the agriculture portion of the "Comprehensive Plan" ( 1993 ) need to be reviewed and updated . This grant could provide the opportunity for the Town to develop a new "Agricultural and Farmland Protection Plan " with relevant sections incorporated into the overall Comprehensive Plan update . It appears that a local municipal Agricultural and Farmland Protection Plan will be required by the State in the future to apply for PDR grants . Included is a draft resolution for the Boards consideration authorizing the Town to apply for funding through this grant program and to commit up to $ 8 ,333 as the local share ( 25 % local share required) . Out of the $ 8 , 333 local share, a minimum of 20% of that is required to be cash match ( $ 1 ,667) . The remaining portion of the local share can be in- kind services. Please contact me at 273 - 1747 or email me at msinithAtown .ithaca .ny .us if you have any questions prior to the meeting. DA # 22 *A4 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive, Albany, New York 12235 Eliot Spitzer 518-457-8876 Fax 518-457-3087 P Hooker Govemor www.agmkt.state.ny. us commissioner To : Town Supervisors Agricultural and Farmland Protection Board Chairs County Planners County Legislative Clerks Cornell Cooperative Extension Agents Other Interested Parties Re: Availability of Grant Program for Municipalities to Develop Agricultural and Farmland Protection Plans I am pleased to announce that a copy of the guidelines and application forms for municipalities to apply for State assistance payments to develop local agricultural and farmland protection plans will be made available on the Department' s website www .awnkt .state.ny.us under ` Funding Opportunities ' on Wednesday September 26, 2007 . The purpose of this grant program is to provide an economic incentive to municipalities to develop local agricultural and farmland protection plans that will maintain the economic viability of the State ' s agricultural industry its supporting land base and to protect the environmental and landscape preservation values associated with agriculture. Municipalities, including cities, towns and villages that are located within a county which has established an agricultural and farmland protection board will be eligible to submit an application. Interested municipalities will be eligible for grants up to 525 ,000 or 75 percent of the cost of developing a local protection plan, which ever is less . Eligible plans should identify the location of farmland proposed to be protected, the value of that land to the local economy, the value of that land as open space, consequence of possible conversion and develop strategies and programs to promote and maintain the economic viability of the local agricultural industry and its agricultural land base. Proposed planning projects should be completed within twenty-four (24) months. The Department will conduct four (4) applicant workshops at the following locations and times : 1 . Hudson Valley Region: Tuesday, October 16 Dutchess County Cornell Cooperative Extension Office Mill Brook Time: 6:30 PM 2. Central Regions : Thursday, October 18 Cayuga County Cornell Cooperative Extension Office Auburn Time: 6 :30 PM 3 . Northern Region: Tuesday, October 23 Saratoga County Cornell Cooperative Extension Office Ballston Spa Time: 6:30 PM 4 . Western Region: (Simultaneous Interactive Teleconference from Saratoga County) Tuesday, October 23 Erie County Cornell Cooperative Extension Office East Aurora Time: 6 : 30 PM Specific meeting location information for each workshop is attached and also available from the Department' s website www .agmkt, state.ny.us under "Funding Opportunities." To receive a printed paper copy of the guidelines and application forms please contact: John Brennan, Fannland Protection_ Specialist Division of Agricultural Protection and Development Services NYS Department of Agriculture 10 B Airline Drive Albany, NY 12235 Telephone: 518-457-5606 E-Mail : John.Brennan n apMkt.state.ny.us Thank you for your interest in farmland protection in New York State. I look forward to receiving your application. Si erely, PATRICK HOOKER Commissioner TOWN CLERK' S MONTHLY REPORT AGENDA ## 2 6 TOWN OF ITHACA, NEW YORK 12 / 10 / 2007 TOWN BOARD MEETING NOVEMBER, 2007 TO THE SUPERVISOR: ATTACHMENT # 9 PAGE 1 Pursuant to Section 27 , Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law : A1255 4 MARRIAGE LICENSES NO. 07125 TO 07128 70 .00 7 MISC. COPIES 49 .00 1 TAX SEARCH 5 . 00 2 POSTAGE 25 .40 1 COMPREHENSIVE PLAN 12 .00 4 MARRIAGE TRANSCRIPT 40 .00 TOTAL TOWN CLERK FEES 201 .40 A1557 1 SPCA IMPOUND FEES 60. 00 TOTAL A1557 60.00 A2188 1 FACILITY USE FEE 50 . 00 TOTAL A2188 50.00 A2544 DOG LICENSES 476. 33 TOTAL A2544 476.33 B2110 13 BUILDING PERMIT 4,495 .00 3 BUILDING PERMIT EXTENSIN 275 .00 1 FIRE SAFETY INSPECTIONS 50 .00 3 ZONING BOARD MTG 300 .00 3 TEMP CERTIFICATE OCCUP 61562 . 50 2 OPERATING PERMIT 250. 00 TOTAL B2110 11993150 B2115 1 SUBDV. REV. PRELIM. PLAT 2, 240 . 00 1 SUBDV. REV. FINAL PLAT 20 . 00 1 ADD. MTG. FEE AGENDA PRO 30 .00 1 ASS . MTG. FEE P . H. PROCE 50 .00 2 REZONING/ZONING AMEND 350 .00 TOTAL B2115 29690.00 TOWN CLERK ' S MONTHLY REPORT NOVEMBER, 2007 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 787 .73 PAID TO SUPERVISOR FOR PART TOWN FUND 14, 622 . 50 PAID TO COUNTY TREASURER FOR DOG LICENSES 101 . 11 PAID TO AG & MARKETS FOR DOG LICENSES F 27 . 00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 90.00 TOTAL DISBURSEMENTS 15,628.34 DECEMBER 4, 2007 SUPERVISOR CATHERINE VALENTINO STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, KAREN BILLINGS , being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public OPEN BOARD APPOINTMENTS REQUESTS FOR INFORMATION TO : Town of Ithaca Town Board Members FROM : Karen Billings DATE : December 10; 2007 - The following people contacted my office for information packets pertaining to the open board seats : 11 /26/2007 Dr. Brian Bartholomew b . 1aTjtar Si Cy a hoc . COQ . 11 /27 /2007 Suzanne Motheral 766 Elm St Ext Ithaca, NY 14850 277 - 0864 coopbizl @yahoo . com 11 /29/2007 Conservation and Ethics Board information : _ Betty Windstein 209 Eastern Heights Drive windeel9@hotmail . com Town Clerk Report 12/ 10/2007 Town Engineer' s Report for 12/10/2007 Town Board Meeting EARTH FILL PERMITS Enforcement activity is continuing on tax parcels 26 .-4-2 , 26 . 4 . 3 and 26 . 4. 9 . Enforcement Activity is continuing for excavation and fill in excess of 50 cy for Tax parcel 56 . 4- 1 .22 . The Landowner leveled an area of approximately 1 acre that violated the Town of Ithaca Code and also violated the limits of the NYSDEC Storm Water Pollution Prevention Permit issued for subdivision of the property. Staff has met with the Landowner and his Engineer to develop a remediation plan that will be satisfactory to the Town and to NYSDEC . The plan will require review by the Planning Board prior to going to the ZBA. The landowner has proceeded with temporary remediation work to stabilize the site for the winter. WATER PROJECTS Trumansburg Road Water Main Replacement LRS Excavation has completed installation of the water main, and all testing and chlorination of the water main has been completed satisfactorily. The water main is now in service and the contractor has begun to switch water services to the new main. Hanshaw Road Water Main Replacement LRS Excavation has completed installation and testing of the new water main . If weather permits the Contractor may begin to switch services this winter. East Shore Drive Water Main Replacement The engineering department has completed survey work and preliminary design is underway. The Town of Lansing has asked us to include a section of water main on East Shore Drive in Lansing in the project. The engineering department will develop an agreement to be reviewed by the Public Works Committee before bringing it to the Town Board for approval to do this work for Lansing at their cost. SEWER PROJECTS Joint Interceptor Sewer Projects Work on the Aurora Street in the area between Prospect Street and Columbia Street has been completed. The Town Engineer is reviewing the cost submittals form the City prior to recommending payment:. The City of Ithaca has issued a construction contract for renovation and upgrades to the sewer flow monitoring stations located at the city/town line. This is a joint capital improvement project for the sewer system that is being coordinated by the SJC . TOWN ENGINEERS REPORT 12/ 10/2007 STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan for the Town. The first phase of the report for the entire town includes locating all pipe outfalls in the Town. Watershed maps for all areas of the Town are being prepared which will include information of land use and soils used for watershed modeling. Development of this plan is a requirement of the MS4 program. As a major component of the town wide plan, the engineering department is developing a detailed Watershed Management Plan for The Northeast Area, The Initial phases of the plan have dealt with significant stormwater management and flooding problems that impacted many properties in several neighborhoods. Neighborhoods that have had improvements completed in past years include Winthrop Drive, Brandywine Drive, Christopher Lane and the Lexington Ave/Uptown Road Area. The Watershed plan has primarily concentrated on the storm water collection and transmission system under the direct control of the Town. Facilities in this category are the major streams and waterways that the Town has easements for maintenance and the Town road drainage systems . The primary purpose of these systems is to collect and carry stormwater runoff to safe outlets . The road ditches also serve to drain the road base to maintain the road structure. The detailed watershed plan that will also look at drainage problems that impact smaller areas including individual lots . To assist Town Staff in identifying problem areas we are requesting input from residents and property owners in the Northeast Area. The Town of Ithaca will be holding an informational meeting early in 2008 . DEVELOPMENT REVIEW WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site. The Phase II additional erosion control measures have been installed and are functioning. Infrastructure for phase 2 has been completed and accepted by the Town . CONIFER VILLAGE (Linderman Creek Phase 4) Site work for the senior housing project on Conifer Drive north of Mecklenburg Road has been substantially completed . Building Construction is underway and Sediment and erosion controls are being monitored . HOLLY CREEK Infrastructure improvements and rough site work has been completed. Engineering staff is continuing to monitor the Storm Water Management system . Town staff is waiting for record drawings and deeds prior to acceptance of the road and utilities . COUNTRY INN & SUITES Sediment and erosion controls are being monitored for the site. Final restoration of the site needs to be completed . Town Engineer's Report December 10, 2007 Daniel R. Walker Page 2 12/10/2007 s 1F1 -H# 6 OF IT ° 9> TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 Jonathan Kanter, A.1 .C.P. (60� 273-7747 Director of Planning FAX (607) 273-] 704 Planning Director' s Report for December 10 , 2007 Town Board Meeting DEVELOPMENT REVIEW November 27 2007 Planning Board Meeting: Cornell Master Plan Presentation : Representatives from Cornell University presented an update regarding the Cornell Campus Master Plan . Mina Amundsen and Steve Golding. Agents for Cornell . Harrick 2-Lot Subdivision, 340 West King Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 24ot subdivision located at 340 King Road West, Town of Ithaca Tax Parcel No . 35 -24, Agricultural Zone. The proposal involves subdividing the +/- 15 . 70 acre property into two lots, a +/- 2 .0 acre parcel (Parcel A ) which contains the existing house and a +/- 13 . 7 acre vacant parcel (Parcel B). Estate of Estelle Harrick, Owner; Laurie R : Miller, Applicant, Southwoods 4-Lot Subdivision, King Road East and Southwoods Drive: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located off King Road East and Southwoods Drive, Town of Ithaca Tax Parcel No . ' s 46- 1 - 15 .401 , 46- 1 - 15 .402 , and 46- 1 - 15 .41 , Low Density Residential Zone. The proposal involves subdividing off the northeastern ends of lots 40 (+/- 0. 12 acres) and 41 (+/- 0.06 acres), which will then be consolidated with Tax Parcel No . 46- 1 - 15 .401 . The new parcel (+/- 1 . 13 acres total) will contain the new sewer lift station and the stormwater detention pond and will be transferred to the Town of Ithaca . Southwoods Associates, LLC . , Heritage Park Townhouses, Inc . , and George C . & Billie J . Awad , Owners/Applicants ; Joseph W . Allen, Agent . Greenspun, Gizewski & Greenspun 2-Lot Subdivision, 441 Bostwick Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located just east of 433 and 439 Bostwick Road, Town of Ithaca Tax Parcel No . 32 -2 -3 .22 , Agricultural Zone. The proposal involves subdividing the +/- 59.5 acre property into two lots, with Parcel A being +/- 19 . 8 acres and Parcel B being +/- 39 . 7 acres. Tom Greenspun, Barbara Gizewski & Nathaniel Greenspun, Owners/Applicants, Longview Addition, 1 Bella Vista Drive : The Planning Board granted Final Site Plan .Approval for the proposed Skilled Nursing / Adult Care Addition at Longview, an Itbacare Community, located at l Bella Vista Drive, Town of Ithaca Tax Parcel No . 39- 1 - 1 . 31 , Planned Development Zone No . 7 . The proposal involves the construction of a +/-24,700 square foot addition on the north side of the existing building with +/- 32 living units . The proposal will also include approximately 1 l new parking spaces ( and an area reserved for future parking if needed), anew It Il' � TLlii di✓} „ ..t !.^ , ffn 5 'F ' .J driveway, new walkways, and additional stormwater facilities . lthacare Center Service Company, Inc. , Owner/Applicant ; Mark A . Macera, Executive Director, Agent . December 4 . 2007 Planning Board Meeting: Henry 3-Lot Subdivision, 1020 Hanshaw Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3 -lot subdivision located at 1020, 1022 and 1024 Hanshaw Road , Town of Ithaca Tax Parcel No . ' s 71 - 1 -66 .2 , 71 - 1 -66 . 1 and 71 - 1 -65 , Medium Density Residential Zone . The proposal involves subdivision approval to legalize the existing lines for these three lots which were subdivided without Town of Ithaca approvals . Sheri Johnson Henry, Kevin & Deborah Cowan and Klaus & Christa Beyenbach, Owners/Applicants ; James R Henry, Agent . This was referred back to the Planning Board by the Zoning Board of Appeals for further consideration based on additional information discussed at the October 22 "d ZBA meeting. Recommendation to Town Board regarding Stormwater Management Local Laws : The Planning Board held a public hearing regarding the three proposed local laws associated with the enactment of the new Stormwater Management and Erosion and Sedimentation Control regulations . The three local laws are intended to implement the NYS mandated Phase 2 Stormwater Regulations for Municipal Separate Storm Sewer System ' s ( MS4) . The Planning Board decided to hold the public hearing open until the December 18 , 2007 meeting to provide additional opportunity for the public to comment on the draft local laws . [ In addition, a special public information meeting has been scheduled for Tuesday, December 11 , 2007 at 7 : 00 p .m . at Town Hall . This meeting will include a presentation by staff regarding stormwater management issues and the proposed local laws, and provide an informal opportunity for the public to ask questions about the local laws . 2008 Meeting Schedule : The Planning Board approved the 2008 meeting schedule. Recommendation to Town Board regarding Chair for 2008 : The Planning Board recommended that Rod Howe be appointed as Chair for 2008 . Other Pending_ Planning Board Reviews : Three major project reviews are nearing the point where they will back to the Planning Board for consideration . These include the Ithaca College Athletic & Events Center Draft EIS , the Cayuga Cliffs (Holochuk) Development on Route 96 , and the Cornell T-GEIS . The Ithaca College DEIS has been submitted for consideration of whether it is complete enough for public review and comment . The Cayuga Cliffs development team has agreed that a Positive Declaration of Environmental Significance is warranted for their project , and they have agreed to prepare a Draft EIS (the applicant has submitted a letter to this effect) . The Cornell T-GEIS is in the final stages of preparation , and we are anticipating that it will be submitted for consideration in the near future. Reviews for Zoning Board ZBA : Three applications for the Zoning Board were processed since the November report as follows, resulting in two variances granted with conditions and one interpretation as follows : 2 / November 26, 2007 ZBA Meeting: INTERPRETATION - APPEAL of Bonnie Mathers & Marilyn Patterson, Owners/Appellants, requesting an interpretation and possible variance from the requirements of Chapter 270 , Article VII , Section 270-45(A)( 1 )(b)[ 10] and Article XXV , Section 270-205 (A) of the Town of Ithaca Code, to be permitted to construct two wooden pilings on the south side of an existing dock located at 909 Taughannock Boulevard , Town of Ithaca Tax Parcel No . 25-2 -9, Lakefront Residential Zone (LR) . The proposed pilings will support an existing metal boat lift located at the end of an existing dock . The LR regulations are not clear as to whether the two wooden pilings supporting the existing boatlift ( attached to the dock) are considered part of the dock and, as such, the proposed pilings located on the sides of the boatlift will constitute an extension of the dock . If so, the proposed pilings are in violation of the 20-foot side yard setback from adjacent properties required for docks, piers, and wharves in the LR zone. The pilings may also be in violation of the provisions regarding the enlargement of existing, nonconforming structures . The ZBA made an interpretation that the pilings are not part of the dock, and are therefore, not subject to the setback requirement . GRANTED - APPEAL of Boris Simkin, Owner/Appellant, Jon Albanese, Agent, requesting a variance from the requirements of Chapter 270, Article VIII , Section 270-60(C) of the Town of Ithaca Code to be permitted to construct a new home with garage and living space above it at 121 Larisa Lane, Town of Ithaca Tax Parcel No . 26-2-3 . 30; Low Density Residential (LDR) Zone. The proposed garage with second story living space will encroach into the required 40400t side yard setback for structures in an LDR Zone. GRANTED - APPEAL of William B . Rady, Owner/Appellant, requesting a variance from the requirements of Chapter 270, Article IX , Section 270-68(C) of the Town of Ithaca Code to be permitted to maintain an accessory building in excess of 600 square feet in area located at 10 Chase Lane, Town of Ithaca Tax Parcel No . 45 - 1 -29, Medium Density Residential Zone (MDR) . The MDR zone restricts the aggregate - square footage of accessory buildings to a maximum of 600 square feet for parcels less than three acres in size. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month . Comprehensive Plan Review Committee : The Comprehensive Plan Review Committee met on . November, 14, 2007 and completed its recommendations to the Town Board regarding an update of the Plan, including the structure and make-up of a committee to coordinate the Plan update process. The Committee' s summary recommendations. will be sent to the Town Board for discussion at the December loth meeting. The Committee is making initial contacts with potential candidates for possible appointment to a Comprehensive Plan Steering Committee. Codes and Ordinances Committee ( COQ : The Committee met on November 7, 2007 and discussed comments received from the public regarding the proposed amendments to the Lakefront Residential Zone. Several residents of the lakefront area attended the meeting and provided further input to the Committee. The Committee also discussed the . need to review the 3 current regulations regarding non-conforming uses because of the need to clarify the intent of some of the provisions . The next COC meeting is scheduled for December 19, 2007 . Tentative agenda items include continuation of review of proposed State mandated regulations regarding illicit discharges into municipal separate storm sewer systems and continuation of discussion regarding comments received regarding the draft amendments to the Lakefront Residential Zone and dock regulations . Transportation Committee : The Committee did not meet in November. Forest Home Traffic Calming Plan : The Forest Home Improvement Association sent a cover letter and the final Traffic Calming Plan to the Town Supervisor, ITCTC Planning Committee : The Planning Committee of the Ithaca-Tompkins County Transportation Council ( ITCTC) met on November 20, 2007 . Agenda items included a discussion regarding Cornell University' s announcement about its community investment initiative, in which Cornell will make $ 10 million available to the community over the next ten years for transportation initiatives, and the Safe Routes to School grant program . The ITCTC Policy and Planning Committee Joint Meeting will be held on December 18 , 2007 at 2 : 00 p .m . Conservation Board : The Conservation Board met on December 6, 2007 . Agenda items included committee reports and updates, a recommendation to the Town Board regarding the draft Stormwater Management Law, a recommendation to the Town Board regarding Chair for 2008, 2008 meeting schedule, work plan priorities for 2008 and committee assignments for 2008 . The next meeting is scheduled for January 3 , 2008 . Route 96 Corridor Management Study: The participating municipalities and the County have reviewed the consultant proposals that were submitted and have interviewed two consultant groups. Final negotiations with the preferred consultant are underway, and the study team anticipates moving forward with a consultant contract in the near future. The starting date for the study is January 2008 with completion anticipated by the end of 2008 . Consultant Study of Northeast Area of the Town : The consultant contract has been signed by the Town and the consultant . The consultant has conducted fall field work and preliminary research, and has submitted an interim report that will be presented to the Town Board .at the December 10`h meeting. Housing Trust Group : The group, consisting of representatives from the Town and City of Ithaca, Tompkins County, Better Housing for Tompkins County, Ithaca Neighborhood Housing Services (INHS), Rural Opportunities, Inc. , Tompkins County Area Development (TCAD), continued to meet to discuss specific strategies that might be able to take advantage of the financial commitment regarding housing from Cornell . The Group is working on a recommendation regarding the establishment of a community housing trust and a housing affordability fund , which were priorities stated in the Housing Strategy for Tompkins County. I . Pennsylvania/Kendall Avenue Zoning: Planning staff is preparing a housing inventory of areas zoned High Density Residential (HDR) to identify the number of one-family, two-family and multi - family houses in those areas . The committee will meet again when this information is available. 4 r Planner Position : With the approval of the Town Board of an additional temporary Planner position in the 2008 Budget, we are beginning the process of advertising for that position . The hope is that candidate interviews will be held in January, and an appointment made as soon after that as possible. Black Diamond Trail : Planning staff attended a workshop and public hearing held by the .State Parks Department on December 5 , 2007 regarding the Black Diamond Trail Master Plan and Environmental Impact Statement that was completed . The Black Diamond Trail is a 15 mile off- road pedestrian and bicycle trail proposed to connect Taughannock Falls State Park in Ulysses, Allan H . Treman State Marine Park in the City of Ithaca, and Buttermilk Falls State Park and Robert H . Treman State Park in the Town of Ithaca . 5 e Edit View Favorites Tools Help I Town, of Ithaca, NY: YY 5 rf t t r ( t 1 4 I k t Governme� Services Information Commun y Cor�8 All Network/ Record Specialist Report December 10 , 2007 Jebsite • New Pages: Tutelo Park Homecoming 2007 slideshow, Stormwater Law. • New reports added to the Monthly Financial page : o 2007 Comparative Report of Sales Tax & Mortgage Tax Revenue o Interest Earnings . • Created a third link to Town Board Member webpage . This page can now be found in three places on the Town's site : o Government tab o Boards/Committees tab o Contact tab . • Web Redesign Survey : Less than 20 responses have been submitted since September. This data , along with input from staff and a possible Web Redesign Committee, will be the basis for this 2008 collaborative project . • Site of the Month page : NYS Transportation Federation Winter Travel Advisory interactive webpage . letwork • The new rugged laptops for Code Enforcement Officers and Public Works have been implemented . The staff now has the ability to access the Town's network while out in the field . AGENDA # 2g Regular Meeting of the Ithaca Town Board , December 10, 2007 Human Resources Report for November 2007 Personnel Committee : Committee met November 29th to continue discussions regarding the new Code Enforcement Officer position in the 2008 budget . The committee still has not come to a conclusion on the Code Enforcement Officer position . The committee met with the IFD again on November 29 , to discuss their proposal to do the fire inspection work for the town . The proposal was for $33 ,000 for the IFD to do all the fire safety inspections in the Town . The committee discussed the evaluation of the salary survey that was conducted . There has not been a recommendation to change the salary scale based on the evaluation . There is a joint meeting of the Employee Relations Committee and the Personnel Committee scheduled for December 6th to discuss the 2007 Salary Survey results and concerns that the employees have . Safety Committee : The committee met on November 30th and discussed several agenda items . Peter Archbold , Sr. Loss Control Consultant for Perma (workers' compensation) attended . Perma offers members many ways to help accomplish the training requirements. Peter met earlier in November with Fred to go over the Loss Control Evaluation that is required to determine our discount rate . The Town scored a 615 out of 630 , which means a larger discount than those with lower scores . if you would like a copy of the evaluation , please let me know. The committee established goals for 2008 which include: tailgate safety meetings , building assessments in April and October and review the safety manual . Time was also spent discussing the employee assessment and what recommendations were being made at the SAC meetings . Training and Development : Time and effort has gone into the final arrangements for the training scheduled for December 7th . Work has begun for the 2008 Brainteaser Series . Payroll : Time was dedicated to the payroll budget for the 2008 budget . Invitations to the year end luncheon went out to the employees in paxrchecks . Annual pay and benefit letters went out to staff in their November 30t paychecks . Personnel — Civil Service : No changes in staff . Most of the seasonal employees will be finishing up in November as we finish up leave pick up . Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : Renewal applications were submitted to NYMIR for 2008 . Renewal applications were submitted for Southern Cayuga Lake Intermunicipal Water Commission 's renewal . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) : No new claims to report . Disability Insurance : For our Long Term Disability we have received an increase in our rate again for 2008 . 1 requested our insurance representative to look at other companies for lower rates . I evaluated the information from our representative and recommend changing our LTD provider from MetLife to Unum . This change should save the Town about $500 in 2008 . Unemployment Insurance : No new claims to report . Health and/or Dental Insurance : The open enrollment period for 2007 has ended . There were no changes for the enrollment in the health insurance . 3 people picked up dental insurance and 2 people dropped dental . There were 3 new enrollees into the flexible spending plan . I continue to attend the committee meeting of TCCOG on the Health Benefit Consortium . We are in the process of working with Locey and Cahill on the document municipalities interested in the consortium would agree to if they join . The next phase is comparing the current plans and union agreements . Retirement : A representative from Nationwide Retirement Solutions will be on site in December for questions and changes to the employee' s plans . Submitted By : Judith C . Drake , PHR , Human Resources Manager TOWN OF ITHACA Public Works Department' s Monthly Board Report November Report for the December 10, 2007 Meeting ROADS ❑x We finished the storm water project on Ridgecrest Road with the exception of final landscape restoration. The lawn areas were backfilled and mulched for the winter. ❑x We assisted the Town of Danby and Caroline with installing shoulders . ❑x Leaf pick-up was begun on November 5a' and continued all of November to give residents an opportunity to put out their leaves for vacuuming up due to the late leaf drop . We continued picking up bagged leaves as well . ❑x We assisted the City of Ithaca in paving Cliff Street. ❑x Our tub grinding contractor mulched up the brush pile on November 7a'; this included double grinding the material with our woodchip pile . The Village of Cayuga Heights paid half the cost of the grinding based on the volume of material they contributed . ❑x Some ditching was done on Alison Drive . Z Two snow events required us to remove leaf boxes from our salt trucks, which added to the delay in vacuuming up leaves . New guiderail was installed on Wyckoff Road and a section was repaired at the top of Stone Quarry Road where an accident occurred. PARKS AND TRAILS ✓ Final mowing and leaf blowing was done at most of the parks and trails . ✓ A washout was repaired at the trail head in Eastern Heights Parks. ✓ Tutelo Park was prepared for hosting a community event on Saturday, November 3rd . ✓ South Hill Trail was posted at all entrances for closing the trail during deer hunting (shotgun season: November 17 through December 9) . ✓ Mowers and grounds maintenance equipment were serviced, winterized, and put in storage. WATER x New water main installations on Trumansburg Road and Hanshaw Road were inspected on a full-time basis . x We repaired water main breaks on Warren Road, West King Road, Sanctuary Drive, and Coddington Road . X A hydrant was repaired at Pine Tree Road and Snyder Hill Road. Curb stops on Williams Glen Road were repaired . SEWER PI A total of 127 mark-outs were done for Dig Safely New York in November. 0 Weekly pump station inspections were performed . November Projects 1 . Equipment maintenance . 2 . Continue inspections on new water mains . 3 . Diversity training on December T" . 4. Facility maintenance . 5 . Snow removal, as necessary . ghk `! OF ] p ! _ O 9� j TO " OF ITHACA 215 N . Tioga Street ; Ithaca, N . Y . 14850 � h °4 www . town . ithacamy . us _ TOWN CLERK 273- 1721 HIGHWAY ( Roads. Parks. Trails. Water & Sewer) 273 - 1656 ENGINEERING 273 - 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX ( 607 ) 273- 1704 To : Cathy Valentino , Supervisor Town Of Ithaca Sandy Gittelman, Councilperson Will Burbank, Chair Recreation & Human Services Committee Peter Stein, Councilperson Pat Leary, Councilperson . Jeff Cowie, Councilperson Herb. Enginan, Councilperson From: Marme Kirchgessner; Recreation and Youth Coordinator November 2007 was an extremely busy month. Activities included : • Removal and return . of elements of the highly successful Lifelong Art Exhibit • Replacement of the window display, with support of Town Historian on Tutelo Park and the Native American Festivals held there. • Attendance at the County Youth Services 30`1' Anniversary Meeting . • Staff support for the 11 /3 Yl'ho 's a Leader event- at Tut elo Park (For which Herb Engman and I received a "special recognition" Laurel in the 1. 1 /24 Ithaca Journal) • Attendance at the Aging Services Network Meeting on a presentation report on the Rural Aging Summit that- was held at IC in September • Contact with Ecovillage for input in the West Haven Preserve Maintenance Plan • Participation in Training for Engaging the ]lard to Engage offered by County Youth Services . • Follow — up with former student intern Lawrence Rotuno • Attendance at the Human Services & Coalition for Healthy Families Forums Staffing the Recreation and Human Services Committee meeting ; support for Cal Rikin League fundraising efforts and STAMP ' S Youth Court Proposals. • Meeting on transportation alternatives • Attendance at Joint Youth Commission Meeting with lengthy discussion surrounding recent events in Ithaca Schools and role of youth programming. • Meeting with Supervisor Elect Herb Engman to discuss thoughts on committee structure and thoughts about position ' s work plan. • Attendance at Recreation Partnership meeting with okay as an element of work paan l offered to utilize my experience with fund raising to support effort . • Meeting with Janice Johnson CYS Liaison to Recreation Partnership formulate and begin implementation of fundraising effort . • Attendance at CYS brown bag lunch services on local program that support youth mental health needs • Participation at .TCA & Whole Community Project meetings on community gardens and follow up on _grant. opportunities. w Town of Ithaca Code Enforcement Monthly Report y 11 /1 /07 Until 11 /30/07 Building Permits BP # Date Value Description fee category 7013 11 /2/2007 $ 1 ,000.00 Demolish garage $25.00 miscellaneous 7012 11 /2/2007 $2 ,000 .00 Demolish existing single-family home $25.00 miscellaneous 7012 11 /2/2007 $2 ,000 .00 Demolish existing single-family home $25.00 miscellaneous 7014 11 /5/2007 $3 ,000 .00 Remodel bath in Suite 500 $35.00 business 7016 11 /6/2007 $30 ,000 .00 Replace boiler system $70.00 business 7015 11 /6/2007 $455,600 .00 Renovate 1st floor $850 .00 business 7017 11 /6/2007 $95 ,000 .00 New two-family home with 2-bedroom $200 .00 new two-family lower unit and 3-bedroom upper level homes 7018 11 /6/2007 $95 ,000 .00 New two-family home with 2-bedroom $200. 00 new two-family lower unit and 3-bedroom upper level homes 7020 11 /7/2007 $38 ,495.00 Install 8 foot tall fence $ 100 .00 business 7022 11 /712007 $2 ,200 . 00 Re-roof existing two-family home $25.00 renovations to residential 7019 11 /7/2007 $39500.00 240 square foot covered pavilion $35. 00 miscellaneous 7020 11 /7/2007 $38,495.00 Install 8 foot tall fence $ 100 . 00 business 7020 11 /7/2007 $38 ,495. 00 Install 8 foot tall fence $ 100 .00 business 7021 11 /7/2007 $ 1 ,000 .00 Add 2 smoke detectors in lobby $25.00 educational 7023 1 /14/2007 $4,200. 00 Equipment pad and silo $35. 00 business 7024 1 /15/2007 $ 18 ,973 . 00 Window replacement, install insulation $60.00 renovations to and remove window and replace with residential door 7025 1 /16/2007 $ 100 ,000 .00 Renovate Suite 150 for E - Cornell $200 .00 business 7026 1 /19/2007 $79000. 00 Add roof over front porch and finish $45.00 renovations to basement residential 7027 1 /26/2007 $25 ,000 . 00 Demolish existing sailing center $70 .00 miscellaneous Thursday, December 06, 2007 Page 1 Town of Ithaca Code Enforcement Monthly Report r 11 /1 /07 Until 11 /30/07 Totals $960 ,958.00 E$2 ,225 . 00 Certificates of Occupancy BP # Address Description CO Temp 6975 141 Snyder Hill Rd Tear off and reroof existing structure 11 /1 /2007 ❑ 7008 610 Coddington Rd Tear off and replace existing roof cover 11 /212007 ❑ 7009 107 Troy Rd Tear off and replace existing roof cover 11 /2/2007 ❑ 6935 150 Snyder Hill Rd Construct approximately 55 square foot 11 /5/2007 ❑ bathroom addition 6964 104 Penny Ln Remodel Basement 11 /5/2007 ❑ 6776 202 Muriel St 728 square foot room and patio addition 11 /5/2007 ❑ 6466 618 Tower Rd New laboratory building , See BP #6414 11 /6/2007 91 1 6466 618 Tower Rd New laboratory building , See BP #6414 11 /6/2007 0 6466 618 Tower Rd New laboratory building See BP #6414 11 /6/2007 91 6951 201 King Rd W Repair front porch 11 /7/2007 ❑ 6817 1028 East Shore Dr New 2 story, 3 bedroom single-family 11 /7/2007 ❑ home 6980 110 Judd Falls Rd 88 square foot sunroom addition 1 .1 /13/2007 ❑ I 6967 232 Bundy Rd New single-family home with attached 11 /14/2007 ❑ garage 6827 950 Danby Rd Construct lab and office area for 11 /15/2007 ❑ Novomer LLC , Suite 198 6957 12 Dove Dr Remodel kitchen 11 / 15/2007 ❑ 6843 1115 Trumansburg Rd Replace fire damaged home 11 /16/2007 ❑ 6580 330 Pine Tree Rd Construct 14 , 630 sq . ft. Rite Aid 11 /29/2007 ❑ commercial building w/ sprinkler system Complaints Thursday, December 06, 2007 Page 2 1 Town of Ithaca Code Enforcement Monthly Report 11 /1 /07 Until 11 /30/07 Date Address Complaint Type Disposition 11 /14/2007 218 Cypress Ct building code No Violation Found 11 /21 /2007 181 Seven Mile Dr other Local Law Pending 11 /21 /2007 13 Apple Blossom Ln other Local Law Pending 11 /21 /2007 354 Elmira Rd other Local Law Pending 11 /27/2007 180 Calkins Rd property maintenance Pending 11 /27/2007 172 Calkins Rd property maintenance Pending 11 /27/2007 Slaterville Rd zoning use Pending Existing Building CO Field Visits uilding Code 78 omplaint/Investigation 2 ire Safety 1 ire Emergency 0 Total 81 I Thursday, December 06, 2007 Page 3 r 1210412007 TOWN OF ITHACA A 12 : 12 : 28 B2110 - B2110 Transaction Report ; For the period 11 /01 /2007 through 11 /30/2007 Type Date Comment Name Quantity Fee B2110 1 . BP 11 /02/2007 50. - 1 -6. 1 SINCOCK, GERALD 1 35 . 00 2 . BP 11 /06/2007 19. -2-29 MERRILL FAMILY SAILING 1 70 . 00 CENTER 3 . BP 11 /07/2007 40. -3-7 ITHACA ESTATES 1 25 .00 4 . BP 11 /08/2007 70. - 10- 1 . 122 GRAVANI, ROBERT AND 1 60 .00 EILEEN 5 . BP 11 /09/2007 56-3- 13 . 9 JASON SOKOLOFF 1 550 .00 6. BP 11 / 14/2007 28 . - 1 -26. 1 FLREC 1 60 .00 7 . BP 11 / 16/2007 19 .-2-29 STREETER - CORNEL 1 200 .00 SAILING 8 . BP 11 /20/2007 72. - 1 -40 RENOVUS ENERGY INC 1 100 .00 9 . BP 11 /26/2007 58 . -2-39. 361 MELSKI, DAVID 1 60 .00 10 . BP 11 /26/2007 63 . - 1 -8 . 2 CORNELL UNIVERSITY 1 550 .00 11 . BP 11 /27/2007 46 . - 1 - 15 . 22 COX GENERAL 1 850 .00 CONTRACTING 12 . BP 11 /28/2007 72 . - 1 - 1 . 200 MORAVEC CONSTRUCTION 1 100 . 00 SERVICE 13 . BP 11 /28/2007 33 . -3 -8 . 15 FULLER, THOMAS AND 1 35 . 00 CAROL 13 4,495 14 . BPE 11 /09/2007 39. - 1 - 1 . 2 SOUTH HILL BUSINESS 1 50 . CAMPUS 15 . BPE 11 / 19/2007 56.-3 -26. 5 FLATT, SCOTT W l 137 . 50 16. BPE 11 / 19/2007 21 . -2-26 MENNEN 1 87 . 50 3 275.00 17 . FSI 11 /06/2007 36. - 1 -4 . 2 LATOURELLE 1 50 .00 1 50.00 18 . 013 11 /09/2007 39 . - 1 - 1 . 31 LONGVIEW - ITHACARE l 150 .00 19 . OP 11 /27/2007 41 . - 1 -30.4 ITHACA COLLEGE 1 100 .00 BUSINESS SCHOOL 2 250.00 20 . TCO 11 /02/2007 63 . 4 -2. 2, 67 . - 1 - 10. 2167 . - 1 -3 EAST HILL BUSINESS 1 55500 .00 CAMPUS 21 . TCO 11 /06/2007 62. - 1 -3 . 2 1093 GROUP 1 100 .00 22 . TCO 11 /27/2007 71 . -5 -2 VAN ECK, NICHOLAS & 1 62 . 50 JOYCE 3 6,562 .50 23 . ZBM 11 /02/2007 21 . -2-8 DENNIS , GARTH 1 100 . 00 24 . ZBM 11 /02/2007 45 . - 1 -29 RADY, WILLIAM 1 100 . 00 25 . ZBM 11 /27/2007 71 .- 146 BIERMAN, HAROLD AND 1 100 . FLORENCE 3 300 Total Sales 25 119932 .50 Page: I 12 / 10 / 2007 TOWN BOij VINFbT� IQ�� ATTACHMENT # 10 33ff _eCain FD onmental ,')Ices , Inc. November 29 , 2007 NOV 29 2007 Mr. Jonathon Kanter : . Town of Ithaca -___ ` ° " `! G 215 N . Tioga Street Ithaca, NY 14850 Dear Mr. Kanter, Enclosed please find two hard copies of an interim report on an environmental assessment of lands adjacent to sapsucker woods. I emailed an electronic PDF version to you on November 29 , 2007 . The report summarizes field observations of ecological communities and rare and scare plants. In addition , the report includes preliminary , qualitative evaluations of the relative ecological values of different sections of the lands. Of note , a comprehensive ecological assessment and evaluation of these lands will require further field work, preferably throughout the growing season through to early September, 2008 . Please review this report at your earliest convenience and contact me at (607) 319-0819 with any questions or comments . Thank you for the opportunity to participate in this project. Best regards, /2o � e C. Ron LeCain President and Wetland Scientist LeCain Environmental Services , Inc. 731 E. Shore Dr. Ithaca, NY 14850 406-580-4998 'ecain Wenvconsulting.biz Professional Natural Resource Management 4 c Interim Report on an Environmental Assessment of Lands Adjacent to Sapsucker Woods Prepared Fora Town of Ithaca, NY Nov 30, 2007 Prepared By: Mr. David Werier Botanical and Ecological Consultant 30 Banks Rd. Brooktondale, NY 14817 and LeCain Environmental Services, Inc. 731 E. Shore Dr. Ithaca, NY 14850 LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Lands adjacent to Sapsucker woods Introduction : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Methods : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Ecologicalcommunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1 , Disturbed successional southern hardwoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2 , Shallow emergent marsh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 3 , 7 , 8 , and 11 , Oak- beech- hickory-pine type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 4 , Disturbed area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 5 , Red maple-hardwood swamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section6 , Ditch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 9 , Developed/disturbed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section11 and 12 , Developed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 13 , Successional northern hardwoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 14 , Shrub swamp/red maple-hardwood swamp . . . . . . m . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 15 , Shrub swamp/ red maple- hardwood swamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 16 , 17 and 18 , Successional northern hardwoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 19 , 21 , and 22 , Beech- maple mesic forest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 20 and 23 , Red maple-hardwood swamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 24 , Successional northern hardwoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section25 , Conifer plantation . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 26 , Successional northern hardwoods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 27 and 30 , Successional northern hardwoods . m . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 28 , Successional shrubland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section29 , Ditch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section31 , Shrub swamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 32 , Shallow emergent marsh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section33 , Developed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Plantrarities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Clinton ' s wood fern ( Dryopteris clintoniana ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Black gum ( Nyssa sylvatica ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Literaturecited : . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . . . W . . . . . . . . . . WW . . . . . . . . . . . 11 Map 1 : Over view of study area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Map 2 : Overview of sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Map 3 : Sections , south parcel and plant rarities ( Clinton ' s fern and black gum ) . . . . . . . . . . . . . . . . . . . . 14 Map 4 : Sections , central parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Map 5 : Sections , north parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Appendix A : Complete List of Plant Species in Each Defined Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . 17 LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment pg 1 Lands adjacent to Sapsucker woods Introduction The town of Ithaca contracted LeCain Environmental Services , Inc . (LES ) and his subcontractors to conduct an ecological assessment of a two parcels of land owned by Mr . Rocco Lucente , (tax parcel #73- 1 -8 . 22 and #70- 10-3 . 5 ) , one parcel of land owned by Cornell University (tax parcel #73- 1 -2 . 2 ) and one parcel of land owned by Town of Ithaca ( Site ) adjacent to the Sapsucker Woods Sanctuary in Tompkins County, Town of Ithaca ( see map 1 ) . Work began on this assessment in late October 2007 and will continue through at least June of 2008 . This report is an interim report written from data collected through early November 2007 . It is meant only to be a preliminary assessment as further field work during the growing season and literature research is needed to make a more definitive assessment of the study site . Ideally, surveys throughout the full growing season are needed to make an accurate and definitive assessment of the ecological value of the study site . For this reason we recommend lengthening the period of time given to complete the full assessment to early September 2008 , potentially extending the nine month construction moratorium by 3-4 months . Methods On October 29 , 30 , and 31 , 2007 D . Werier and LES surveyed the Site for ecological communities and rare plants . Ecological communities are assemblages of plants and animals that occur in a defined area . The species that are present in any particular community reflect the edaphic and climatic conditions as well as past land use history . Ecological communities are often found repeated throughout the landscape in appropriate settings . For example , a hemlock- northern hardwood forest is often found in the cool lower slopes of gorges or adjacent to cool swamps . The ecological value of a particular site can be assessed by first determining what ecological communities are present and then determining the quality of these occurrences . The quality of a particular occurrence is based on the size , condition , and landscape context . In addition the regional abundance of a particular ecological community is taken into account . We walked transects throughout the Site and visually inspected the majority of the area . We recorded data on the plant species composition as well as the quality of the site . Based on survey work and aerial photo interpretation we divided the Site into 33 parcels or sections that correspond to particular ecological communities ( see map 2 , 3 , 4 , and 5 ) . We defined the ecological communities using either a New York State ( Edinger et al . 2001 ) or Central Finger Lakes Region ( Mohler et al . 2006 ) classification system . We describe each of the sections below and provide a qualitative assessment of their respective ecological values . We noted all species seen during the survey period with particular attention to species that are local , state , or federal rarities . Local rarity is based on the unpublished work of Robert Wesley (2001 ) while state and federal rarity is based on Young (2007 ) . Scientific name nomenclature follows Weldy and Werier (2005 ) while common names are pulled from various sources . LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 2 Lands adjacent to Sapsucker woods Of note , late October is not an ideal time to survey for plants as many have faded or are not as highly visible as during the main growing season . Therefore , the data gathered from this late October survey should be viewed as incomplete . As discussed above , a complete assessment will require surveying the site throughout the growing season . Results Ecological communities Section 1 . Disturbed successional southern hardwoods This section is primarily a young , very weedy forest . Non- native and invasive species dominate all of the vegetative strata , and some areas associated with past disturbance events are without a tree canopy . There is an old dirt road that traverses part of this section with some wetland species associated with the edges . Some of the area has been bulldozed , with soil and plant debris piled into mounds . Organic debris including brush and soil has been piled in places . There is an old hedge row composed of large trees that runs north to south through this section . One non - forested wetland is present . This wetland has been separated out as "Section 2 " discussed below. The canopy of the forest is dominated by the non -native invasive black locust ( Robinia pseudoacacia ) with white ash ( Fraxinus americans ) co-dominant in places . The shrub layer is moderately dense with the non -native invasive Morrow' s honeysuckle ( Lonicera morrowii) , buckthorn ( Rhamnus cathadica) , and border privet ( Ligustrum obtusifolium) dominant . The herb layer is dominated by the non -native invasive garlic mustard (Alllaria petiolata ) and town avens ( Geum urbanum ) . For all the species seen in this area , see Appendix A. This section has low ecological value . The section is a highly degraded natural area with non - native invasive species dominant and abundant disturbances . Some ecologically significant areas include an old hedge row composed of old , large , predominately native trees . One red oak ( Quercus rubra ) in this hedgerow, measured 2 . 9 feet in diameter. The section is adjacent to both residential development and some higher quality natural area . Section 2 , Shallow emergent marsh This section is a small wetland that is surrounded by the upland forests of section 1 . The area is seasonally flooded and is dominated primarily by native herbaceous wetland species . The area is of low to perhaps moderate ecological value . It is composed almost primarily of native species but is very small in size , is surrounded by degraded weedy habitat , and may be the result of human created disturbances . For a complete list of species in Section 2 see Appendix A . Section 3 , 7 , 8 , and 11 , Oak -beech -hickory-pine type . These sections do not fit easily into any ecological community but perhaps fit the oak-beech- hickory- pine type best . In places these sections approach beech - maple mesic forest or hemlock northern hardwood forest. LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 3 Lands adjacent to Sapsucker woods These sections are young to mid -aged forests dominated with native species in all the strata . They have been heavily logged in relatively recent times but are still fairly intact natural areas with mostly native and very few weedy non -native species present . There are some old logging roads that traverse parts of these sections . There are small patches of wetlands along and in some of these old roads . There is a small amount of old trash that has been dumped here . On the southern edge of section 3 there are some weedy invasive non - native species that are migrating in from section 1 . The canopies of these sections are dominated , at least in part , by red maple (Acerrubrum) , American beech (Fagus grandifolia) , shagbark hickory ( Carya ovata) , red oak ( Quercus rubra) , white oak ( Quercus alba) , and pignut hickory ( Carya glabra) with eastern white pine ( Pinus strobus) subdominant . American beech ( Fagus grandifolia) is primarily dominant in the sub- canopy , often in fairly dense stands . Eastern hemlock ( Tsuga canadensis) becomes dominant in a few areas that border the swamp of section 5 . These areas represent another community type ( hemlock- northern hardwood forest) but since they are small they are lumped here . The largest trees measured in this forest include : a 1 . 9 feet in diameter eastern white pine (Pinus strobus) , a 1 . 5 feet in diameter pignut hickory ( Carya glabra ) , a 1 . 6 feet in diameter shagbark hickory ( Carya ovata) , a 1 . 9 feet in diameter red oak ( Quercus rubra) , and a 1 . 8 feet in diameter white oak ( Quercus alba) . In section 11 there is an old hedge row that runs east to west with some older and larger trees . In this hedge row in section 11 , adjacent to the town park , is a very large (4 . 0 feet in diameter) white oak . The shrub/small tree layer is fairly sparse except in a few areas where American beech ( Fagus grandifolia ) becomes dense as a small tree . The herb layer is very sparse to non -existent in places . For all the species seen in this area , see Appendix A . A locally scarce species black gum ( Nyssa sylvatica) is found in section 3 as well as in the adjacent wetland of section 5 . See rarities section for more information about this population of black gum . Overall , this area has moderate ecological value . It is dominated primarily by native species in all stratum layers and is surrounded and bordered by a fine example of a red maple swamp ( section 5 ) . These sections comprise a somewhat un -common ecological community type of moderate extent . The ecological significance of these sections is somewhat diminished by the fact that the area has been logged quite heavily recently , there are other human created disturbances , and the area is mostly surrounded by residential development . Section 4, Disturbed area This small area is primarily a disturbed area consisting of a lawn off of Sapsucker Woods Road . Section 5 , Red maple -hardwood swamp This area is a swamp dominated by native species . A ditch runs into this area to the northeast . The swamp is composed of numerous relatively small hummocks ( about 3 feet by 3 feet) with some larger ones scattered throughout . There are also some areas with open pools of water . LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 4 Lands adjacent to Sapsucker woods The trees grow on the hummocks and are dominated by red maple (Acer rubrum) , black ash ( Fraxinus nigra) , and swamp white oak ( Quercus bicolor) . In places the black ash or the swamp white oak becomes the sole dominant . There are some very large swamp white oak present . including one that is 3 . 1 feet in diameter. The shrub/small tree layer is sparse with no clear dominants . The herb layer is dense , dominated in some places by evenly scattered tussocks of brome-like sedge ( Carex bromoides) . Other dominants in the herb layer include sensitive fern ( Onoclea sensibilis) and sweet wood - reed ( Cinna arundinacea) . For all the species seen in this area , see Appendix A . Of note , two locally scarce species , Clinton ' s wood fern ( Dryopteris clintoniana) and black gum ( Nyssa sylvatica) are present in this section . See plant rarities for more details about these populations . This section has a moderate to high ecological value . It is composed primarily of native plant species , has old trees present , appears to have had very little or limited human disturbances ( including logging ) in the recent past , is mostly surrounded by other somewhat intact habitat , and has two locally scarce species present. The ecological value is somewhat diminished because the greater region has abundant residential development . In addition , the area is relatively small with an artificial ditch emptying into the area . Section 6 , Ditch This area is a small east-west running ditch that drains to the west into the red maple swamp (section 5 ) . Section 7 . See description above under section 3 . Section 8 See description above under section 3 . Section 9 , Developed /disturbed This area is composed of a Town of Ithaca utility right-of-way road , part of Sapsucker Sanctuary Road , a small dirt road , and adjacent disturbed ditches and lawn . Section 10 See description above under section 3 . Section 11 and 12 , Developed This area includes some of the developed portion of a Town of Ithaca Park . Section 13 , Successional northern hardwoods This section is a young even-aged weedy successional forest . It includes most of an Ithaca town park . The parcel is quite uniform in terms of species composition and age of the canopy trees . There are some planted conifers in part of the section and also some small wet pockets . The deer browse is very heavy . LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment pg 5 Lands adjacent to Sapsucker woods The canopy is dominated by small even aged red maple (Acer rubrum ) and white ash ( Fraxinus americana ) although in one area planted Norway spruce ( Picea abies ) becomes dominant . The shrub layer is relatively open to fairly dense in places and is dominated by the invasive non -native Morrow' s honeysuckle ( Lonicera morrowii) . The herb layer is similarly open to fairly dense in places and is dominated by the invasive non -native garlic mustard (Alliaria petiolata) . For a complete list of all species seen in this area , see Appendix A . This section has a relatively low ecological value . It is dominated by non -native invasive species in both the shrub and herb layer , it is a very young forest , past disturbances events are still evident , and it is surrounded in part by residential development . However, the ecological significance is enhanced due to this section being contiguous with the extensive , high quality natural areas to the north . Section 14, Shrub swamp/red maple -hardwood swamp This section is a swamp that is partly forested and partly shrub dominated . It is fairly weedy with non -native invasive species . It very gradually transitions into a young successional upland forest (section 13 ) and therefore the exact boundaries are not precise . The southern and eastern parts of this section have red maple (Acer rubrum) dominant in the canopy with silver maple (Acer saccharinum ) co-dominant in part . The shrub layer is moderately dense and is dominated by the non - native invasive Morrow' s honeysuckle ( Lonicera morrowii) . The herb layer is relatively dense especially in low areas and is dominated by two native species ; fowl manna grass ( Glyceria striata) and giant goldenrod ( Solidago gigantea) . In the northern part of this section , close to the Town of Ithaca utility right-of-way , the trees drop out and the dominant in the shrub layer is nannyberry ( Viburnum lentago) . The herb layer in this northern region is dominated by sensitive fern ( Onoclea sensibilis) , arrow- leaf tearthumb ( Persicaria sagittata ) , and true forget- me- not ( Myosotis scorpioides) . For a complete list of species in this section see Appendix A . The ecological value of this area is low to moderate . The area has non- native invasive species partially dominating , it is partially bordered by residential development and weedy natural habitat , it is relatively small in size , and past disturbance events are still evident . Its ecological value is enhanced because it does have numerous native species present and dominant in part, and it is contiguous with some intact natural areas . Section 15 , Shrub swamp/ red maple -hardwood swamp This section is primarily a shrub dominated swamp although it is quite variable . Parts of this section are forested while others are herb dominated . It has a high diversity of native species present but is also a somewhat weedy with some non -native invasive species . The shrub layer is moderately dense with about a 40-60 % canopy cover. Dominant shrubs include southern arrowwood ( Viburnum dentatum var. lucidum) , nannyberry ( Viburnum lentago) , and Morrow' s honeysuckle ( Lonicera morrowii) . Many of the shrubs appear dead or are dying . This is most likely the result of the non -native viburnum leaf beetle which is responsible for a severe decline in some Viburnum species and in particular southern arrowwood . The herb layer LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 6 Lands adjacent to Sapsucker woods is moderately dense and is quite variable in species composition . In the wettest areas , brome-like sedge ( Carex bromoides) and true forget- me- not ( Myosotis scorpioides) are dominant . In the more forested areas , sweet wood - reed ( Cinna arundinacea) becomes dominant . Other dominants include fowl manna grass ( Glyceria striata) , giant goldenrod ( Solidago gigantea) , fox sedge ( Carex vulpinoidea) , Canada clearweed ( Pilea pumila) , and sensitive fern ( Onoclea sensibilis) . Trees are mostly limited in distribution although there are a few areas that form a modest canopy . In the northwestern part of this section , swamp white oak ( Quercus bicolor) becomes dominant , and in the wedge that goes northeast through section 17 and 18 red maple (Acer rubrum) becomes dominant . For a complete list of species in this section see Appendix A . The wetland has moderate ecological value . It has many native species present and dominant in some locations , has little evidence of past human -created disturbances , is contiguous with more extensive natural areas , and is of moderate extent . The ecological value is somewhat diminished because some non -native invasive species are dominant at least in places , the viburnum leaf beetle appears to have impacted the southern arrowwood , and parts of this area are adjacent to residential development . Section 16 , 17 and 18 , Successional northern hardwoods These sections are a maturing successional forest . The canopy trees appear to be somewhat even aged , and there are a few small wet pockets , primarily to the northeast . The canopy is primarily dominated by widely spaced open grown eastern white pine ( Pinus strobus ) or to the west by red maple (Acer rubrum) and some red oak ( Quercus rubra ) . The largest eastern white pine measured was 2 . 1 feet in diameter. The largest red maple measured was 2 . 2 feet in diameter. The small tree/shrub layer is fairly open and dominated by red maple . The herb layer is very sparse with no dominants . Species diversity is quite low at this site but there are very few non -native invasive species present . For a complete list of species in this section see Appendix A . This site has moderate ecological value . It is composed almost primarily of native species ; is becoming a mature forest ; and is surrounded by extensive intact natural areas . Its ecological value is diminished because successional northern hardwood forests are a very common community type and its extent is moderate . Section 19 , 21 , and 22 , Beech -maple mesic forest This area is composed of a mature mixed age forest with some evidence of recent logging activity . Scattered snags (dead standing trunks ) and rotting logs are thinly scattered throughout this area indicating that the area is at least somewhat mature . Pit and mound topography is present indicating that this area was never plowed . Native species are dominant throughout with only a very limited amount of invasive species present . The forest here encircles pockets of wetlands where the pits are deepest . Most of these wetlands are mapped separately and included in the separate section 20 . The canopy is full and is dominated by American beech ( Fagus grandifolia ) with sugar maple (Acer saccharum) sub-dominant . Red maple (Acer rubrum) is also fairly common in the canopy . There are a few other tree species in the canopy at much lower densities . The largest sugar LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 7 Lands adjacent to Sapsucker woods maple measured was 2 . 0 feet in diameter. The largest beech measured was 1 . 9 feet in diameter and the largest eastern white pine measured was 2 . 2 feet in diameter . The shrub and small tree layer are moderately dense and are also dominated by American beech . The herb layer is fairly sparse with no species dominant . In lower depressions , which are wetter, there are fewer trees and the herb layer becomes denser . Dominants here include interrupted fern ( Osmunda claytoniana) and lady fern (Athyrium filix-femina ) . For a complete list of species in this section see Appendix A . This area has a relatively high to moderate ecological value . It is a mature forest with intact natural structure , there is only some evidence of disturbance and these disturbances are limited , there are very few invasive species present , and the site is contiguous with the extensive Sapsucker Woods natural area . The ecological value is somewhat diminished because there is some evidence of past logging and the general area has residential development nearby . Section 20 and 23 , Red maple - hardwood swamp This area is a wet forest surrounded by the upland beech- maple mesic forest of sections 19 , 20 and 22 . It occurs in large and extensive depressions with scattered hummocks or mounds . The trees are restricted to these slightly drier hummocks . The canopy is fairly open with about a 60 % canopy cover. Red maple (Acer rubrum) is the dominant in the canopy with other species present at much lower densities . The largest shagbark JL hickory ( Carya ovata ) measured is 1 . 9 feet in diameter. The shrub/small tree layer is dominated by American beech ( Fagus grandifolia ) . In the depressions which have the wettest soils the herb layer is fairly dense . Dominants include fowl manna grass ( Glyceria striata) , sweet wood -reed ( Cinna arundinacea) , and fox sedge ( Carex vulpinoidea) . For a complete list of species in this section see Appendix A . This area has a relatively high ecological value because it has little evidence of past disturbance , is composed almost entirely of native species , and is mostly surrounded by habitat that is also in excellent condition . Section 24, Successional northern hardwoods . This section is a young successional forest with some wet areas scattered throughout especially to the north . The area is similar to oak-beech -hickory-pine type as well as red maple- hardwood swamp . This forest has more of a mixed age and diverse canopy than the nearby successional northern hardwoods in section 13 . The difference between these two sections probably reflects past land use history with section 24 more likely to have been heavily logged in the past and section 13 reverting from an open field . No recent evidence of logging is evident . The canopy is fairly full with red maple (Acer rubrum) dominant . Additional canopy trees include eastern white pine (Pinus strobus) , American beech ( Fagus grandifolia) , shagbark hickory ( Carya ovata) , and red oak ( Quercus rubra) . The shrub/small tree layer is dominated by red maple and the non -native invasive Morrow' s honeysuckle ( Lonicera morrowii) . The herb layer is sparse to moderately dense with no species clearly being dominant except fowl manna grass ( Glyceria striata) in the wettest areas . For a complete list of species in this section see Appendix A . LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment P9 8 Lands adjacent to Sapsucker woods This site is of fairly low ecological value because it is a very common type of ecological . community , is young , and is dominated at least in part by the non -native invasive Morrow' s honeysuckle . However, this site has higher ecological value than the nearby successional northern hardwoods in section 13 because the presence of non -native invasive species is reduced and it appears to have a more intact native flora . Section 25 , Conifer plantation This section is a maturing plantation of conifers with one of the three conifers Norway spruce (Picea abies) , red pine (Pinus resinosa) , and Scotch pine (Pinus sylvestris) dominant in the canopy . The trees are relatively widely spaced with some dying , but many remain alive . Red maple (Acer rubrum ) is co-dominant in the canopy . The tall shrub/small tree layer is fairly sparse . The small shrub layer is slightly denser with Morrow' s honeysuckle ( Lonicera morrowii) dominant . However, the Morrow's honeysuckle canopy is irregular, sparse , and browsed by deer . Accordingly , growth is stunted and only up to about 3 feet in height . A few ruts and disturbances scattered throughout this section have created slightly wet areas with some wetland plants present . The herb layer is sparse with tree seedlings of white ash (Fraxinus americans) and wild black cherry (Prunus serotina ) dominating . For a complete list of species in this section see Appendix A . This area has a low ecological value because of the dominance in most strata of non - native species as well as a lack of intact natural structure . Section 26 , Successional northern hardwoods This is a young even aged successional forest with red maple (Acer rubrum) dominant in the canopy and red oak ( Quercus rubra ) sub-dominant in the canopy . To the south is the conifer plantation of section 25 and to the north is an old hedge row composed of large red oaks which marks the boundary of the study site . One very large red oak in this hedge row was measured at 3 . 7 feet in diameter. The shrub layer- is very sparse with Morrow' s honeysuckle ( Lonicera morrowii) dominant. The herb layer is very sparse with rough-leaved golden- rod ( Solidago rugosa) the most dominant herb . For a complete list of species in this section see Appendix A. This section has a low ecological value because successional northern hardwoods is a very common ecological community; there are some non -native invasives present; and the area is surrounded at least in part by degraded natural areas . However, the ecological value of this section is enhanced to some degree because there is an old hedge row present , non-native invasive species are not very abundant , and this area is contiguous with the Sapsucker Woods preserve . . Section 27 and 30 , Successional northern hardwoods These sections make up most of the north parcel within the study area . The area is a young successional forest with scattered shrub openings . Some of the larger occurrences of shrub openings are mapped separately as section 28 . The area is reverting from an open agricultural field . A substantial portion of this area is dominated by short ( <25 feet ) and broad eastern white pine ( Pinus strobus) . The white pine branches low and creates a dark understory . Other dominants in the canopy include red maple (Acer rubrum) and white ash ( Fraxinus americana ) . The understory is fairly sparse with a thin layer of shrubs dominated by gray dogwood ( Corpus racemosa ) , the invasive Morrow' s honeysuckle ( Lonicera morrowii) , and the invasive buckthorn LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 9 Lands adjacent to Sapsucker woods ( Rhamnus cathartica) . The herb layer is generally very sparse with rough -leaved golden - rod ( Solidago rugosa) , the invasive garlic mustard (Alliaria petiolata) , and invasive town avens ( Geum urbanum) dominant . In the southern and western parts of section 30 the forest canopy is taller and less dominated by eastern white pine . Here the shrub layer is fairly dense and is dominated by Morrow' s honeysuckle . In the western and northern part of section 27 are some old hedge rows with pignut hickory ( Carya glabra) , shagbark hickory ( Carya ovata) , and red oak ( Quercus rubra) dominant . For a complete list of species in this section see Appendix A . These sections have a low ecological value because successional northern hardwoods is a very common ecological community type , the area is dominated in some strata with non - native invasive species , the natural structure is not intact ; and the area is surrounded by residential and commercial development . Section 28 , Successional shrubland This section is reverting from an open field and is shrub dominated . It is surrounded by and partially intergrades with the successional northern hardwoods of section 27 . The tree canopy is very sparse with a canopy cover of about 50 % with white ash ( Fraxinus americans ) dominating . The shrub layer is very dense with a canopy cover of about 85 % . Morrow' s honeysuckle ( Lonicera morrowii) is the dominant shrub with gray dogwood ( Corpus racemosa) sub-dominant . The area has a relatively low ecological value because successional shrublands are a very common community type , the area is dominated by non -native invasive species , and the area is surrounded by degraded natural habitat and commercial development . Section 29 , Ditch This section is a human created ditch that flows from the northeast to the southwest . There is not much of a berm present and the ditch connects into a shrub swamp wetland ( Section 31 ) . The ditch is dominated by the non -native invasive shrub Morrow' s honeysuckle ( Lonicera morrowii) . In the herb layer the non -native somewhat invasive true forget- me-not ( Myosotis scorpioides) is dominant . The area has a low ecological value because it is a human created system which is dominated by non - native species . Section 31 , Shrub swamp This section is a relatively small , shrub dominated wetland with a few scattered trees . The shrub density is relatively low with about a 50 % cover and is dominated by gray dogwood ( Corpus racemosa) and southern arrowwood ( Viburnum dentatum var. lucidum) . The non -native invasive glossy buckthorn (Frangula alnus) is sub-dominant . Many of the shrubs are dying or dead , probably due to the viburnum leaf beetle which is a non-native species responsible for defoliation of many species of Viburnum in central New York ; particularly southern arrowwood . The herb layer is very dense with fowl manna grass ( Glyceria striata) and sensitive fern ( Onoclea sensibilis) dominant . LeCain Environmental Services, Inc. Professional Natural Resource Management r Environmental Assessment Pg 10 Lands adjacent to Sapsucker woods This section has a low to medium ecological value because there are many non - native invasive species present, the area is surrounded by a housing development and a weedy successional forest, the area is relatively small , and the viburnum leaf beetle appears to have damaged the native southern arrowwood . The ecological value is enhanced because there are many native species present and dominant in part and there appears to be no evidence of recent human disturbances . Section 32 , Shallow emergent marsh This section is a very small herb dominated wetland . This wetland may have been unintentionally created when the adjacent small road was constructed . It is adjacent to residential development , a few tall trees are present , and the shrub layer is sparse . The herb layer is dense with eastern poison ivy ( Toxicodendron radicans) dominant in the herb layer and as a vine up the woody vegetation . Other dominant herbs include fringed sedge ( Carex crinita) , sensitive fern ( Onoclea sensibilis) , giant goldenrod ( Solidago gigantea) and fowl manna grass ( Glyceria striata) . For a complete list of species in this section see Appendix A. This area is of low to moderate ecological value because it is dominated by native species but is very small , is adjacent to residential development and weedy successional forests , and appears to be the result of some human created disturbances . Section 33 , Developed This area is part of a town of Ithaca park . It is mostly mowed lawn and a small paved road . o Plant rarities During survey work between 29 and 31 of October 2007 two species that are locally scarce were found . These were Clinton ' s wood fern ( Dryopteris clintoniana ) and black gum ( Nyssa sylvatica ) . Clinton 's wood fern ( Dryopteris clintoniana ) Clinton 's wood fern is a fern that grows in forested wetlands in the northeastern United States and adjacent Canada ranging from New Brunswick and southern Quebec west to Michigan , and south to northern Indiana , northern Ohio , and northern Pennsylvania ( Montgomery and Wagner 1993 ) . In the Cayuga Lake Basin it is considered scarce with from between 6-20 known populations (Wesley 2001 ) . This species is probably regionally scarce in the Cayuga Lake Basin because south -central New York is close to the southern edge of this species range . A small population was found in the study site in a red maple- hardwood swamp (section 5 ) (see map 3 ) . This population covers an area of about 30 square yards . About 20 individual plants were counted . Black gum ( Nyssa sylvatica ) Black gum is a full sized tree that does best in wetlands or at least seasonally wet areas but can also be found in drier sites . It occurs from southern Maine south to Florida and west to southeastern Wisconsin , eastern and southern Illinois , Missouri , and Texas ( Gleason and Cronquist 1991 ) . In the Cayuga Lake Basin it is considered scarce with between 6-20 known populations (Wesley 2001 ) . This species is probably regionally scarce in the Cayuga Lake Basin because it is near its northern edge of its range in this region . LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 11 Lands adjacent to Sapsucker woods A small population was found in the study site in a red maple-hardwood swamp ( section 5) and in the adjacent oak-beech-hickory- pine type ( section 3 ) (see map 3 ) . Only two individuals were seen in separate areas . One individual is a medium sized tree ( 1 . 8 feet in diameter ) and the other is a small sapling . More individuals are expected to be scattered in the red maple- hardwood swamp . Literature cited : Edinger , G . J . , D . J . Evans , S . Gebauer, T . G . Howard , D . M . Hunt , and A. M . Olivero (editors) . 2002 . Ecological Communities of New York State. Second Edition . A revised and expanded edition of Carol Reschke' s Ecological Communities of New York State . ( Draft for review) . New York Natural Heritage Program , New York State Department of Environmental Conservation , Albany , NY, USA . Gleason , H .A. and A. Cronquist . 1991 . Manual of Vascular Plants of Northeastern United States and Adjacent Canada . New York Botanical Garden , Bronx, New York , USA . Mohler, C . L , P . L . Marks , and S . Gardescu . 2006 . Guide to the Plant Communities of the Central Finger Lakes Region . New York State Agricultural Experiment Station , Geneva , New York , USA Pavlick , L . E . and L . K . Anderton . 1993 . Dryopteris Adanson . Pages 280-288 in Flora of North America Editorial Committee ( Editors) , Flora of North America, North of Mexico, Volume 2, Pteridophytes and Gymnosperms . Oxford University Press , New York , New York , USA. Weldy , T . and D . Werier. 2005 . New York Flora Atlas . [S . M . Landry , K . N . Campbell , and L . D . Mabe (original application development) , Florida Center for Community Design and Research . University of South Florida] . New York Flora Association , Albany , New York, USA . Accessed Sept . 26 , 2007 . Available on the web at ( http ://atlas . nyflora . org/) . Wesley, R . 2001 . Rare and Scarce Vascular Plants of the Cayuga Lake Basin. Revised October 2001 . Unpublished . Cornell Plantations , Cornell University , Ithaca , New York , USA . Young , S . M . ( editor) . 2007 . New York Rare Plant Status List . June 2007 . New York Natural Heritage Program , Albany , NY , USA . LeCain Environmental Services, Inc. Professional Natural Resource Management .Y �- AMU. i. � _ .t `.� 1 .r • . • y.__—. IV Ij- � �. �T-�.qf�.rl1A' 1 •_ y r .. - + •'�?- trd it -J f .yy. b. .Y • '� y# ''. • � i ♦ • +t ��+ ilr -�pYI `fit. a� E.�.'vs'rlA l Mp. . s r N N N f y N ! CO t i �i1 .O U U1 ti vyi Qo r o 0 I O .. `� b,'ry ,., 3 u) cc lip 0 CL co i� r c s G J W a a � o '• ', C Z r 11� • cn cu oft SUL 4.0 ; ..r� !• a �" � n . + w •, t�y�� y a � ( C MW y� r + 'M cn c Co IMIT ttl ! Cc U W J - u rn m co ' r Z � L 3 1 .+rte •r 00,0, 40 �i �•.�. V N E N rn'r•. i g3 a '.•' Q) w co 11n O c v ice/ r • L- �--r•_'r t.� (n At `C C t_ U C r dr "low J M� `s ��,, ,, � e'� �a•'`��" ,� • °�i .�jar� , '1�'2 +t_.. sr� • � — to-/ —,-n dIF rx 210 Q 4 4r d a IL Sava ► •.: ».. a Nk LZ E w • �' i C Q) ca , CU Q •� W Environmental Assessment Pg 17 Lands adjacent to Sapsucker woods Appendix A: Complete List of Plant Species in Each Defined Section LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 18 Lands adjacent to Sapsucker woods Complete Species List for Section 1 on the Lands Adjacent to Sapsucker woods Common name Scientific name box elder Acer negundo red maple Acer rubrum yarrow Achillea millefolium perennial bentgrass Agrostis perennans garlic mustard Alliaria petiolate greater burdock Arctium lappa lesser burdock Arctium minus sedge Carex sp. fox sedge Carex vulpinoidea shagbark hickory Carya ovata greater celandine Chelidonium majus field basil Clinopodium vulgare wild carrot Daucus carota fuller' s teasel Dipsacus fullonum spinulose shield fern Dryopteris carthusiana barnyard grass Echinochloa spp. autumn olive Elaeagnus umbellate white-top fleabane Erigeron annuus flat-top fragrant goldenrod Euthamia graminifolia American beech Fagus grandfolia white ash Fraxinus americana town avens Geum urbanum ground ivy Glechoma hederacea American witch -hazel Hamamelis virginiana dame' s- rocket Hesperis matronalis black walnut Juglans nigra path rush Juncus tenuis deadnettle Lamium purpureum motherwort Leonurus cardiaca border privet Ligustrum obtusifolium Morrow' s honeysuckle Lonicera morrowii moneywort Lysimachia nummularia pear-leaf crabapple Malus ? prunifolia apple Malus pumila sweet clover Melilotus sp. arrow- leaf tearthumb Persicaria sagittata ju mpseed Persicaria virginiana LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 19 Lands adjacent to Sapsucker woods reed canary grass Phalaris arundinacea timothy Phleum pratense common pokeweed Phytolacca americans hawkweed oxtongue Picris hieracioides Canada clearweed Pilea pumila eastern white pine Pinus strobus scotch pine Pinus sylvestris narrow- leaf plantain Plantago lanceolata nipple-seed plantain Plantago major Kentucky bluegrass Poa pratensis Rough -sheathed bluegrass Poa trivialis quaking aspen Populus tremuloides wild black cherry Prunus serotina red oak Quercus rubra tall butter-cup Ranunculus acris buckthorn Rhamnus cathartica black locust Robinia pseudoacacia multiflora rose Rosa multiflora Allegheny blackberry Rubus allegheniensis American red raspberry Rubus idaeus black raspberry Rubus occidentalis mosquito bulrush Scirpus hattorianus tall goldenrod Solidago altissima rough -leaved golden - rod Solidago rugosa white panicle aster Symphyotrichum lanceolatum calico aster Symphyotrichum lateriflorum New England aster Symphyotrichum novae-angliae Symphyotrichum pilosum var. hairy white old field aster pilosum common dandelion Taraxacum officinale eastern poison ivy Toxicodendron radicans American elm Ulmus americans white vervain Verbena urticifolia speedwell Veronica sp. highbush cranberry Viburnum opulus periwinkle Vinca minor Complete Species List for Section 2 on the Lands Adjacent to Sapsucker woods Common name Scientific name lady fern Athyrium Rix-femina brome-like sedge Carex bromoides LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 20 Lands adjacent to Sapsucker woods fox sedge Carex vulpinoidea sweet wood - reed Cinna arundinacea common soft rush Juncus effusus var. solutus sensitive fern Onoclea sensibilis ditch-stonecrop Penthorum sedoides Pennsylvania smartweed Persicaria pensylvanica climbing nightshade Solanum dulcamara Complete Species List for Sections 3 , 71 8 , and 11 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sugar maple Acer saccharum perennial bentgrass Agrostis perennans garlic mustard Alliaria petiolate downy serviceberry Amelanchier arborea lady fern Athyrium Rix-femina wavy Catharinea Atrichum undulatum Japanese barberry Berberis thunbergii yellow birch Betula alleghaniensis sweet birch Betula lenta paper birch Betula papyrifera southern long -awned wood grass Brachyelytrum erectum brome- like sedge Carex bromoides spreading sedge Carex laxiculmis Pennsylvania sedge Carex pensylvanica bitternut hickory Carya cordiformis pignut hickory Carya glabra shagbark hickory Carya ovata sweet wood - reed Cinna arundinacea flowering dogwood Cornus florida scarlet hawthorn Crataegus pedicellata evergreen wood fern Dryopteris intermedia beech -drops Epifagus virginiana American beech Fagus grandifolia white ash Fraxinus americana wild crane' s- bill Geranium maculatum white avens Geum canadense American witch -hazel Hamamelis virginiana spicebush Lindera benzoin tulip tree Liriodendron tulipifera LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 21 Lands adjacent to Sapsucker woods Morrow's honeysuckle Lonicera morrowii partridgeberry Mitchella repens black gum Nyssa sylvatica sensitive fern Onoclea sensibilis interrupted fern Osmunda claytoniana hop- hornbeam Ostrya virginiana Norway spruce Picea abies eastern white pine Pinus strobus Christmas fern Polystichum acrostichoides wild black cherry Prunus serotina white oak Quercus alba red oak Quercus rubra black oak Quercus velutina black locust Robinia pseudoacacia multiflora rose Rosa multiflora rough -leaved golden -rod Solidago rugosa American basswood Tilia americana eastern poison ivy Toxicodendron radicans eastern hemlock Tsuga canadensis lowbush blueberry Vaccinium angustifolium maple-leaf viburnum Viburnum acerifolium Complete Species List for Section 5 on the Lands Adjacent to Sapsucker woods Common name Scientific name sugar maple Acer saccharum tall hairy agrimony Agrimonia gryposepala beggar-ticks Bidens sp . false nettle Boehmeria cylindrica marsh marigold Caltha palustris bulbous bitter-cress Cardamine bulbosa Pennsylvania bitter-cress Cardamine pensylvanica brome-like sedge Carex bromoides fringed sedge Carex crinita graceful sedge Carex gracillima bladder sedge Carex intumescens hop sedge Carex lupulina shallow sedge Carex lurida American hornbeam Carpinus caroliniana white turtlehead Chelone glabra American golden -saxifrage Chrysosplenium americanum sweet wood - reed Cinna arundinacea LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 22 Lands adjacent to Sapsucker woods tree moss Climacium sp. spinulose shield fern Dryopteris carthusiana Clinton 's wood fern Dryopteris clintoniana evergreen wood fern Dryopteris intermedia autumn olive Elaeagnus umbellata purple-leaf willow- herb Epilobium coloratum field horsetail Equisetum arvense woodland horsetail Equisetum sylvaticum fireweed Erechtites hieraciifolia common boneset Eupatorium perfoliatum white wood -aster Eurybia divaricata American beech Fagus grandifolia black ash Fraxinus nigra green ash Fraxinus pennsylvanica bedstraw Galium sp. fowl manna grass Glyceria striata magnificent pigtail Hypnum imponens common winterberry Ilex verticillata pin cushion moss Leucobryum glaucum spicebush Lindera benzoin tulip tree Liriodendron tulipifera Morrow' s honeysuckle Lonicera morrowii marsh seedbox Ludwigia palustris partridgeberry Mitchella repens forget me not Myosotis sp. black gum Nyssa sylvatica sensitive fern Onoclea sensibilis cinnamon fern Osmunda cinnamomea interrupted fern Osmunda claytoniana royal fern Osmunda regalis hop- hornbeam Ostrya virginiana golden ragwort Packera aurea jumpseed Persicaria virginiana rough -sheathed bluegrass Poa trivialis Christmas fern Polystichum acrostichoides quaking aspen Populus tremuloides rough speckled shield lichen Punctelia rudecta white oak Quercus alba swamp white oak Quercus bicolor red oak Quercus rubra Ranunculus hispidus var. bristly buttercup caricetorum multiflora rose Rosa multiflora swamp rose Rosa palustris black raspberry Rubus occidentalis LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 23 Lands adjacent to Sapsucker woods mad -dog skullcap Scutellaria lateriflora giant goldenrod Solidago gigantea rough -leaved golden -rod Solidago rugosa calico aster Symphyotrichum lateriflorum skunk cabbage Symplocarpus foetidus tall meadow- rue Thalictrum pubescens New York fern Thelypteris noveboracensis heart-leaved foam-flower Tiarella cordifolia eastern poison ivy Toxicodendron radicans eastern hemlock Tsuga canadensis American elm Ulmus americans southern arrowwood Viburnum dentatum var. lucidum Complete Species List for Section 13 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum silver maple Acer saccharinum sugar maple Acer saccharum garlic mustard Alliaria petiolate Japanese barberry Berberis thunbergii shagbark hickory Carya ovata sweet wood - reed Cinna arundinacea scarlet hawthorn Crataegus pedicellata spinulose shield fern Dryopteris carthusiana evergreen wood fern Dryopteris intermedia white ash Fraxinus americana sweet bedstraw Galium odoratum white avens Geum canadense fowl manna grass Glyceria striata border privet Ligustrum obtusifolium Morrow's honeysuckle Lonicera morrowii Norway spruce Picea abies white pine Pinus strobus quaking aspen Populus tremuloides red oak Quercus rubra Allegheny blackberry Rubus allegheniensis mosquito bulrush Scirpus hattorianus rough -leaved golden- rod Solidago rugosa American elm Ulmus americana Complete Species List for Section 14 on the LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 24 Lands adjacent to Sapsucker woods Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum silver maple Acer saccharinum tall hairy agrimony Agrimonia gryposepala brome-like sedge Carex bromoides crested sedge Carex cristatella fox sedge Carex vulpinoidea sweet wood- reed Cinna arundinacea gray dogwood Corpus racemosa flat-top fragrant goldenrod Euthamia graminifolia spotted Joe- pye weed Eutrochium maculatum glossy buckthorn Frangula alnus white avens Geum canadense fowl manna grass Glyceria striata common soft rush Juncus effusus var. solutus red cedar Juniperus virginiana border privet Ligustrum obtusifolium Morrow' s honeysuckle Lonicera morrowit apple Malus pumila true forget- me- not Myosotis scorpioides sensitive fern Onoclea sensibilis talus slope beard-tongue Penstemon digitalis ditch-stonecrop Penthorum sedoides arrow- leaf tearthumb Persicaria sagittata reed canary grass Phalaris arundinacea quaking aspen Populus tremuloides swamp white oak Quercus bicolor tall butter-cup Ranunculus acris buckthorn Rhamnus cathartics multiflora rose Rosa multiflora pussy willow Salix discolor dark-green bulrush Scirpus atrovirens giant goldenrod Solidago gigantea white panicle aster Symphyotrichum lanceolatum purple-stem aster Symphyotrichum puniceum American elm Ulmus americans nannyberry Viburnum lentago Complete Species List for Section 15 on the Lands Adjacent to Sapsucker woods LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 25 Lands adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum silver maple Acer saccharinum sugar maple Acer saccharum brome- like sedge Carex bromoides fringed sedge Carex crinita shallow sedge Carex lurida fox sedge Carex vulpinoidea shagbark hickory Carya ovata white turtlehead Chelone glabra spotted water hemlock Cicuta maculata sweet wood - reed Cinna arundinacea silky dogwood Corpus amomum spinulose shield fern Dryopteris carthusiana purple-leaf willow-herb Epilobium coloratum small -flower hairy willow-herb Epilobium parviflorum field horsetail Equisetum arvense flat-top fragrant goldenrod Euthamia graminifolia spotted Joe-pye weed Eutrochium maculatum wrinkled shield lichen Flavoparmelia caperata glossy buckthorn Frangula alnus white ash Fraxinus americans black ash Fraxinus nigra green ash Fraxinus pennsylvanica bedstraw Galium sp . rough avens Geum laciniatum purple avens Geum rivale fowl manna grass Glyceria striata stump pigtail Hypnum pallescens blueflag Iris versicolor sharp-fruit rush Juncus acuminatus common soft rush Juncus effusus var. solutus rice cutgrass Leersia oryzoides spicebush Lindera benzoin Morrow's honeysuckle Lonicera morrowii northern bugleweed Lycopus uniflorus true forget-me-not Myosotis scorpioides sensitive fern Onoclea sensibilis golden ragwort Packera aurea hammered shield lichen Parmelia sulcata ditch-stonecrop Penthorum sedoides arrow-leaf tearthumb Persicaria sagittata red pith lichen Phaeophyscia rubropulchra Canada clearweed Pilea pumila LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 26 Lands adjacent to Sapsucker woods oily bark moss Platygyrium repens eastern cottonwood Populus deltoides quaking aspen Populus tremuloides common pear Pyrus communis swamp white oak Quercus bicolor multiflora rose Rosa multiflora swamp rose Rosa palustris bristly dewberry Rubus hispidus pussy willow Salix discolor silky willow Salix sericea dark-green bulrush Scirpus atrovirens common woolgrass Scirpus cyperinus climbing nightshade Solanum dulcamara giant goldenrod Solidago gigantea rough -leaved golden-rod Solidago rugosa white panicle aster Symphyotrichum lanceolatum purple-stem aster Symphyotrichum puniceum broad -leaf cattail Typha latifolia American elm Ulmus americans highbush blueberry Vaccinium corymbosum swamp verbena Verbena hastata southern arrowwood Viburnum dentatum var. lucidum nannyberry Viburnum lentago riverbank grape Vitis riparia Complete Species List for Sections 16 , 17 , and 18 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum lady fern Athyrium filix-femina Japanese barberry Berberis thunbergii common barberry Berberis vulgaris southern long-awned wood grass Brachyelytrum erectum bladder sedge Carex intumescens Pennsylvania sedge Carex pensylvanica bitternut hickory Carya cordiformis shagbark hickory Carya ovata sweet wood- reed Cinna arundinacea beaked hazelnut Corylus cornuta spinulose shield fern Dryopteris carthusiana American beech Fagus grandifolia LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 27 Lands adjacent to Sapsucker woods white ash Fraxinus americans sensitive fern Onoclea sensibilis cinnamon fern Osmunda cinnamomea royal fern Osmunda regalis eastern white pine Pinus strobus bigtooth aspen Populus grandidentata wild black cherry Prunus serotina bracken fern Pteridium aquilinum red oak Quercus rubra New York fern Thelypteris noveboracensis eastern poison ivy Toxicodendron radicans Complete Species List for Sections 19 , 21 , and 22 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sugar maple Acer saccharum garlic mustard Alliaria petiolate lady fern Athyrium filix-femina yellow birch Betula alleghaniensis sweet birch Betula lenta southern long -awned wood grass Brachyelytrum erectum brome -like sedge Carex bromoides woodland sedge Carex ? blanda spreading sedge Carex ? laxiculmis Pennsylvania sedge Carex pensylvanica sedge Carex sp. pignut hickory Carya glabra shagbark hickory Carya ovata slender wood reed -grass Cinna latifolia spinulose shield fern Dryopteris carthusiana evergreen wood fern Dryopteris intermedia beech -drops Epifagus virginiana white wood -aster Eurybia divaricata American beech Fagus grandifolia white ash Fraxinus americana American witch -hazel Hamamelis virginiana tulip tree Liriodendron tulipifera Morrow' s honeysuckle Lonicera morrowii cucumber magnolia Magnolia acuminata powdery axil -bristly lichen Myelochroa aurulenta LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 28 Lands adjacent to Sapsucker woods sensitive fern Onoclea sensibilis interrupted fern Osmunda claytoniana hop- hornbeam Ostrya virginiana eastern white pine Pinus strobus Christmas fern Polystichum acrostichoides red oak Quercus rubra Allegheny blackberry Rubus allegheniensis bluestem goldenrod Solidago caesia New York fern Thelypteris noveboracensis American basswood Tilia americana eastern poison ivy Toxicodendron radicans eastern hemlock Tsuga canadensis American elm Ulmus americana early lowbush blueberry Vaccinium pallidum gypsy-weed Veronica officinalis southern arrowwood Viburnum dentatum var. lucidum Complete Species List for Sections 20 and 23 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sugar maple Acer saccharum perennial bentgrass Agrostis perennans yellow birch Betula allegheniensis bladder sedge Carex intumescens shallow sedge Carex lurida stellate sedge Carex radiata sedge Carex sp . fox sedge Carex vulpinoidea American hornbeam Carpinus caroliniana shagbark hickory Carya ovata sweet wood -reed Cinna arundinacea spinulose shield fern Dryopteris carthusiana evergreen wood fern Dryopteris intermedia hairy wild - rye Elymus villosus American beech Fagus grandifolia white ash Fraxinus americana black ash Fraxinus nigra rough avens Geum laciniatum fowl manna grass Glyceria striata spicebush Lindera benzoin tulip tree Liriodendron tulipifera LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 29 Lands adjacent to Sapsucker woods sensitive fern Onoclea sensibilis cinnamon fern Osmunda cinnamomea interrupted fern Osmunda claytoniana hop- hornbeam Ostrya virginiana red oak Quercus rubra little-leaf buttercup Ranunculus abortivus giant goldenrod Solidago gigantea rough -leaved golden -rod Solidago rugosa white panicle aster Symphyotrichum lanceolatum common fern moss Thuidium delicatulum eastern poison ivy Toxicodendron radicans Complete Species List for Section 24 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum garlic mustard Alliaria petiolate lady fern Athyrium filix-femina brome-like sedge Carex bromoides spreading sedge Carex ? laxiculmis fringed sedge Carex crinita graceful sedge Carex gracillima bladder sedge Carex intumescens American hornbeam Carpinus caroliniana shagbark hickory Carya ovata sweet wood - reed Cinna arundinacea spinulose shield fern Dryopteris carthusiana American beech Fagus grandifolia Japanese knotweed Fallopia japonica white ash Fraxinus americana black ash Fraxinus nigra white avens Geum canadense fowl manna grass Glyceria striata American witch -hazel Hamamelis virginiana Morrow's honeysuckle Lonicera morrowii partridgeberry Mitchella repens sensitive fern Onoc/ea sensibilis interrupted fern Osmunda claytoniana hop-hornbeam Ostrya virginiana eastern white pine Pinus strobus Christmas fern Polystichum acrostichoides bracken fern Pteridium aquilinum LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 30 Lands adjacent to Sapsucker woods red oak Quercus rubra broad -leaf dock Rumex obtusifolius giant goldenrod Solidago gigantea rough -leaved golden -rod Solidago rugosa New York fern Thelypteris noveboracensis eastern poison ivy Toxicodendron radicans American elm Ulmus americana Complete Species List for Section 25 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sugar maple Acer saccharum perennial bentgrass Agrostis perennans garlic mustard Alliaria petiolate lady fern Athyrium Mix-femina yellow birch Betula alleghaniensis brome-like sedge Carex bromoides spreading sedge Carex ? laxiculmis hop sedge Carex lupulina rosy sedge Carex rosea spinulose shield fern Dryopteris carthusiana evergreen wood fern Dryopteris intermedia American beech Fagus grandifolia white ash Fraxinus americana fowl manna grass Glyceria striata path rush Juncus tenuis common nipplewort Lapsana communis pin cushion moss Leucobryum glaucum Morrow's honeysuckle Lonicera morrowii crab apple Malus sp . sensitive fern Onoclea sensibilis Norway spruce Picea abies red pine Pinus resinosa eastern white pine Pinus strobus scotch pine Pinus sylvestris wild black cherry Prunus serotina red oak Quercus rubra buckthorn Rhamnus cathartica Allegheny blackberry Rubus allegheniensis black raspberry Rubus occidentalis mosquito bulrush Scirpus hattorianus LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 31 Lands adjacent to Sapsucker woods rough -leaved golden -rod Solidago rugosa New York fern Thelypteris noveboracensis eastern poison ivy Toxicodendron radicans eastern hemlock Tsuga canadensis gypsy-weed Veronica officinalis Complete Species List for Section 26 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sugar maple Acer saccharum Japanese barberry Berberis thunbergii southern long -awned wood grass Brachyelytrum erectum brome-like sedge Carex bromoides fringed sedge Carex crinita sedge Carex sp. shagbark hickory Carya ovata spinulose shield fern Dryopteris carthusiana American beech Fagus grandifolia white ash Fraxinus americana fowl manna grass Glyceria striata path rush Juncus tenuis Morrow' s honeysuckle Lonicera morrowii sensitive fern Onoclea sensibilis red pine Pinus resinosa eastern white pine Pinus strobus quaking aspen Populus tremuloides red oak Quercus rubra buckthorn Rhamnus cathartica common woolgrass Scirpus cyperinus giant goldenrod Solidago gigantea rough -leaved golden-rod Solidago rugosa eastern poison ivy Toxicodendron radicans American elm Ulmus americana highbush blueberry Vaccinium corymbosum gypsy-weed Veronica officinalis southern arrowwood Viburnum dentatum var. lucidum Complete Species List for Sections 27 and 30 on the Lands Adjacent to Sapsucker woods LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment P9 32 Lands adjacent to Sapsucker woods Common name Scientific name garlic mustard Alliaria petiolate yellow rocket Barbarea vulgaris alyssum Berteroa incana yellow birch Betula alleghaniensis bladder sedge Carex intumescens Pennsylvania sedge Carex pensylvanica swan sedge Carex swanii American hornbeam Carpinus caroliniana pignut hickory Carya glabra shagbark hickory Carya ovata oriental bitter-sweet Celastrus orbiculate bull thistle Cirsium vulgare field basil Clinopodium vulgare gray dogwood Corpus racemosa dotted hawthorn Crataegus punctata wild carrot Daucus carota panic grass Dichanthelium acuminatum spinulose shield fern Dryopteris carthusiana evergreen wood fern Dryopteris intermedia flat-top fragrant goldenrod Euthamia graminifolia glossy buckthorn Frangula alnus white ash Fraxinus americana white avens Geum canadense town avens Geum urbanum dame' s- rocket Hesperis matronalis butternut Juglans cinerea path rush Juncus tenuis red cedar Juniperus virginiana border privet Ligustrum obtusifolium butter-and -eggs Linaria vulgaris tulip tree Liriodendron tulipifera Morrow' s honeysuckle Lonicera morrowii apple Malus pumila eastern white pine Pinus strobus Scotch pine Pinus sylvestris red -stemmed feather moss Pleurozium schreberi bigtooth aspen Populus grandidentata quaking aspen Populus tremuloides wild black cherry Prunus serotina white oak Quercus alba red oak Quercus rubra buckthorn Rhamnus cathartica multiflora rose Rosa multiflora LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 33 Lands adjacent to Sapsucker woods Allegheny blackberry Rubus allegheniensis bristly dewberry Rubus hispidus black raspberry Rubus occidentalis mosquito bulrush Scirpus hattorianus Tall goldenrod Solidago altissima giant goldenrod Solidago gigantea early goldenrod Solidago juncea rough -leaved golden -rod Solidago rugosa eastern poison ivy Toxicodendron radicans American elm Ulmus americans highbush blueberry Vaccinium corymbosum southern arrowwood Viburnum dentatum var. lucidum riverbank grape Vitis riparia Complete Species List for Section 28 on the Lands Adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum sedge Carex sp. shagbark hickory Carya ovata field basil Clinopodium vulgare gray dogwood Cornus racemosa white ash Fraxinus americana Morrow' s honeysuckle Lonicera morrowii red oak Quercus rubra buckthorn Rhamnus cathartica multiflora rose Rosa multiflora rough -leaved golden -rod Solidago rugosa American elm Ulmus americana gypsy-weed Veronica officinalis riverbank grape Vitis riparia Complete Species List for Section 29 on the Lands Adjacent to Sapsucker woods Common name Scientific name beggars-ticks Bidens sp. Pennsylvania bitter-cress Cardamine pensylvanica brome-like sedge Carex bromoides bedstraw Galium sp. Morrow' s honeysuckle Lonicera morrowii LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 34 Lands adjacent to Sapsucker woods true forget-me-not Myosotis scorpioides rough -sheathed bluegrass Poa trivialis American speedwell Veronica americans Complete Species List for Section 31 on the Lands Adjacent to Sapsucker woods Common name Scientific name shallow sedge Carex lurida white turtlehead Chelone glabra spotted water hemlock Cicuta maculata gray dogwood Corpus racemosa spinulose shield fern Dryopteris carthusiana hairy willow-herb Epilobium ciliatum small -flower hairy willow-herb Epilobium parviflorum flat-top fragrant goldenrod Euthamia graminifolia spotted Joe-pye weed Eutrochium maculatum glossy buckthorn Frangula alnus green ash Fraxinus pennsylvanica fowl manna grass Glyceria striata common soft rush Juncus effusus var. solutus Morrow' s honeysuckle Lonicera morrowii sensitive fern Onoclea sensibilis arrow-leaf tearthumb Persicaria sagittata eastern cottonwood Populus deltoides swamp white oak Quercus bicolor multiflora rose Rosa multiflora bristly dewberry Rubus hispidus Bebb's willow Salix bebbiana pussy willow Salix discolor dark-green bulrush Scirpus atrovirens giant goldenrod Solidago gigantea rough -leaved golden- rod Solidago rugosa purple-stem aster Symphyotrichum puniceum marsh fern Thelypteris palustris American elm Ulmus americans swamp verbena Verbena hastata southern arrowwood Viburnum dentatum var. lucidum northern wild raisin Viburnum nudum var. cassinoides Complete Species List for Section 32 on the Lands Adjacent to Sapsucker woods LeCain Environmental Services, Inc. Professional Natural Resource Management Environmental Assessment Pg 35 Lands adjacent to Sapsucker woods Common name Scientific name red maple Acer rubrum fringed sedge Carex crinita fox sedge Carex vulpinoidea flat-top fragrant goldenrod Euthamia graminifolia fowl manna grass Glyceria striata common winterberry Ilex verticillata rush Juncus sp. sensitive fern Onoclea sensibilis eastern cottonwood Populus deltoides swamp white oak Quercus bicolor buckthorn Rhamnus cathartics common woolgrass Scirpus cyperinus giant goldenrod Solidago gigantea white panicle aster Symphyotrichum lanceolatum eastern poison ivy Toxicodendron radicans American elm Ulmus americans southern arrowwood Viburnum dentatum var. lucidum riverbank grape Vitis riparia LeCain Environmental Services, Inc. Professional Natural Resource Management 12 / 10 / 2007 TOWN BOARD MTG .� ` ATTACHMENT # 11 MEMORANDUM To : Town Board From: Save Sapsucker Woods Subject: Conservation Zone Study During the public hearings on the Northeast moratorium, we presented arguments in favor of establishing a conservation zone. Here we would like to summarize those arguments for the Town Board. We hope that these will be helpful in further framing the study and helping the consultant understand our concerns. We support a conservation zone as a means of protecting and preserving the natural features of the area and as part of a comprehensive drainage plan for the Northeast. °'We believe that there is ample evidence in the extant data to support this claim. As noted in the Town Board' s 1993 Comprehensive Plan, a designation of "Conservation/Open Space" indicates "natural areas that should be protected from inappropriate development." As cited in the Town law, the criteria for a conservation zone include the area' s "diversity as a plant and wildlife habitat" and its "existence as a biological corridor." Extending the Conservation Zone as proposed would "preserve existing areas of contiguous open space" and "prevent unnecessary destruction of woodland areas" and wetlands. In 2001 , the Town Board amended its Comprehensive Plan, designating this area of the Northeast as appropriate for "Conservation/Open Space." The extant evidence to support this designation includes : ( 1 ) the recent hydrology study completed by Milone and MacBroom for the Town Board, (2) the USDA Soil Survey for Tompkins County and (3) Tompkins County ' s assessment of the area as a Unique Natural Area. The proposed development would do irreparable harm to the existing woodlands and wetlands and exacerbate the drainage problems to the west; down to Cayuga Heights and on to Cayuga Lake . Milone and MacBroom conducted a study of the drainage encompassing the proposed Briarwood II development and the area to the west. While the study makes a number of recommendations, all relate to the following facts : the Town of Ithaca lacks a comprehensive storm sewer system and the shallow fragipan creates an impermeable barrier to storm water run off so that even light rains cause heavy flows and drainage problems to the west. Milone and MacBroom argue that these problems might not be mitigated by traditional engineering methods and recommend that, in order to control this run off, "impervious surfaces" such as driveways, roads, and roofs "in the proposed development and existing developed area should be minimized." The underlying cause of the drainage problems in this area are the soils. The Tompkins County Soil Survey identifies the area of the proposed Briarwood II development as having some of the least suitable soils for building in the Town of Ithaca and Tompkins County (Chippewa, Ellery, and Alden). The dominant soil in this area is the Ellery Series, which is described in the Soil Survey (p. 133) as "deep, poorly drained' with a "very slowly permeable fragipan" and notes that "The fragipan is very dense and is almost impermeable to water. . . When they thaw in spring, they are saturated to the surface. . . By the end of May, the water table may fall periodically, but after a soaking rain it is near the surface" (p. 134). A dominant soil in the proposed Briarwood II development area is the "ErA" soil, which is the Erie-Ellery channery silt loam at 0 to 3 percent slopes. The Soil Survey, on page 138 , describes this soil as having "greater limitations and generally control land use" and states that "Generall y. these areas are poor sites for housing Water control is the outstanding management problem. " In Table II on Page 60 of the soil survey, the ErA soil is noted to be most suitable for wetland and wetland related habitats. Therefore, these soils are particularly unsuitable for supporting additional development. Tompkins County has designated the area as a Unique Natural Area – UNA 106 – which extends from the Laboratory of Ornithology south toward the Monkey Run Unique Natural Area, serving as a long biological corridor leading to Fall Creek. The ecological value of UNA 106—the quality of its wetlands and diversity of its wildlife—is a function of its large size. Further fragmentation of this contiguous woodland would certainly diminish the value of the whole, and focusing on the presence or absence of a few rare plant species, or the nesting habits of a few rare hawk species, ignores the broader ecology. Another function of these woodlands and wetlands is their protection of water quality, by filtering sediments and pollutants and detoxifying groundwater. They also soak up storm water runoff, store floodwaters, and maintain surface water flow during dry periods . The proposed Briarwood II development would do .harm to the existing woodlands and wetlands. For instance, the proposed 47 one- and two-family homes would be built on lots of approximately 1 /3 of an acre . This would mean clear cutting most of the existing trees, destroying at least 18 acres of woodland. Wooded areas absorb excess stormwater runoff much more effectively than areas where the trees have been removed, therefore increasing the concern about flooding. Houses and driveways would cover most of the small lots, creating impervious surfaces that would again increase stormwater runoff. In addition, much of the tree removal would occur within the wetland borders and directly adjacent to the wetlands. There is no doubt that removal of surrounding trees and regrading the land right up to the wetland limit line would have a severe impact on the wetlands. Historically, these particular wetlands were at one time part of a very large wetland system. It is time to stop the fragmentation and isolation of the few wetlands that the Town has left, and we must provide an adequate buffer in order to preserve them. Our argument, then, is that the ecological and drainage questions that gave rise to the moratorium are intimately intertwined. They cannot be reduced, as some would suggest, to a simple checklist of whether certain rare fauna or flora exists in the area of the proposed development. The woodlands and wetlands in the area have their own ecological value, but are also part of the Northeast watershed and therefore play a crucial role in downstream stormwater impacts. This ecological study must be broad enough in scope to address these questions. In addition, because these woods and wetlands extend to natural areas in Dryden and Lansing, we believe that the consultant should meet with neighboring municipalities and County Planning staff (the latter can assess the value of this area as part of the Fall Creek Natural Features Focus Area Project) . As concerned neighbors and Town residents, we would also like an opportunity to meet and speak with the consultant to ensure that our understanding of the drainage and ecology of the area is heard. r Fall Creek FALL CREEK 1 p f,�R LIN DR tt MA o(E y z u BONE PLAIN oRD O-- _ �� R H�N�RD E MALLORw 1LE RD H I LL RDO O O O O w J w 0 �� O TH DR A$BUR Y �^ z Y0.011", GT 9 Z O p •• OAF ASBURY DR 0 O Q O W E S 7 o D R Y D.E N R D B - ' O R RD?SMIMS HILL Rq':,:_ p x <z = FAR RE LL RD w - h• - `• ¢ A r_ANNEE v Bna Nature �' Z 9 " ° Z p 3 Mo rr o w C ug DUTCH Preserve c :n1 z O 2 MLL RO p. a .s t life R fA� HAR DRw P C H E R R Y RD c N E M R D xo ------ QP CIR z I! 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I a S RD' •—ExistngTrais oG --- Fblanial Trais ! iI• 1 04_R0 1 tiFY htermVent Streams ! _' PL rerri ad Strea ns _---_—_� �'. --R Z R open Warr S Aa uAer RedlergeArea 1j,K R D WBlIW&. T Deveaped Land FroWed open Land % ��YSE D '� Fall Creek FocusArea I 1—I Note:Featuas outside of ft Focus Are a a re faded. I --- �_---- - I I—� �- -- ----- ---- --- 0 05 1 2MIes FAI I CRFFK 2 Description of Focus Area beneath the Virgil Creek valley. Arecharge area for this groundwater supply is located in the same valley, The Fall Creek Focus Area stretches from the City of just north of Dryden Lake.In addition,Fall Creek is Ithaca.through the Villages of Freeville and Dryden, the drinking water source for Cornell University and and to south end of Dryden Lake at the Tompkins surrounding areas, and there are numerous community County line. It encompasses a wide range of land- drinking water wells located throughout this Focus scapes, from the Cornell Plantations to the forested Area. lands around Fall Creek to the recreational facilities at Dryden Lake. The focal point of this area is the Fall Water quality issues vary across the Focus Area. Of Creek and Virgil Creek stream corridors, which particular concern are:runoff from residential and connect and define the area. agricultural uses near Dryden Lake; high pathogen counts detected periodically throughout Fall and Virgil Creeks; excessive erosion originating from Virgil Major Benefits Creek and in and along the tributaries of Fall Creek near Mount Pleasant and Turkey Hill Roads; and the Water quality,outdoor recreation,education and contribution of sediment from roadside ditching research,and critical habitat and biodiversity are all practices in the Etna area(where roadside ditches important benefits of this Focus Area, and are largely serve as the primary drainage system). Development centered around the creek corridor. A surficial aquifer in the floodplain is another significant concern in this along Virgil Creek(a tributary to Fall Creek)is the Focus Area. drinking water source for the Village of Dryden, and Fall Creek is the drinking water source for much of Cornell University and the surrounding areas. Numer- ous small community water systems are located throughout. The Focus Area also supports a wide array of recre- ational opportunities. The westernmost portion of Fall Creek is a State-designated recreational river corridor, and the waterways and public trails along both Fall Creek and Dryden Lake provide important recre- ational opportunities for the public. Cornell University, including the well loved and much used Arboretum and Sapsucker Woods, dominates the western portion of the Focus Area and provides important education and Roadside ditches in the Etna area are a major research benefits, as well as recreational opportuni- contributor to sediment in Fall Creek. ties. Additionally,the creek corridor,farmland,forests,and wetlands found in this area provide critical habitat for Outdoor Recreation a variety of plants and animals. Other important benefits include fishing opportunities along Fall Creek The Fall Creek and Virgil Creek corridors, and Dryden and at Dryden Lake, scenic views in the western Lake,provide focal points for recreation opportunities portion of the Focus Area and south of Dryden Lake, in this area. The western-most section of Fall Creek and flood mitigation by the wetlands and floodplains is a State-designated recreational river corridor,and throughout. both Fall Creek and Dryden Lake provide important boating and fishing opportunities for the public. Drinking Water Quality Protecting water quality in this Focus Area is critical Numerous trails wind through the Cornell University Natural Area located near campus, and the Dryden for public health. The municipal water supply for the Lake trail connects the Village of Dryden with Dryden Village of Dryden originates from groundwater located Lake and the Finger Lakes Trail. Old railroad beds FAI I CRFFK along the creek corridor provide possible routes for species within close proximity to existing protected future trails that could connect these existing trails, open space. Sapsucker Woods Bird Sanctuary is well and the abandoned Monkey Run Road could connect know for its diverse bird populations,including key Sapsucker Woods to this trail corridor as well. wetland bird species. The Etna area is characterized Dryden Lake,as well as many of the trails in the by diverse habitat types centered around wetlands, eastern half of the Focus Area,provides excellent bird agricultural grassland,and the stream corridor.Tire watching opportunities. Finally,"Flat Rock"near the Etna Nature Preserve is located in this area, as well Cornell University Arboretum is a popular location for as the Etna Swamp Unique Natural Area, and the swimming in the summer months. nearby Caswell Grassland Important Bird Area. Just south of Dryden Lake is prime agricultural grassland habitat. This is one of only a handful of sites in the County where Northern Harrier, a bird of greatest conservation need, is found. Dryden Lake and the Virgil Creek Dam(currently maintained for grassland birds)to the north,and State-owned agricul- tural research land managed by Cornell University to the south, could form the basis for a larger conserva- tion area.This land is also located in an Agricultural Resource Focus Area. Numerous trails, such as those that wind through Sapsucker Woods,provide recreational and bird watching opportunities. Education and Research The western portion of the Focus Area includes several large Cornell University Natural Areas, which provide habitat for unique plant species and education The grasslands surround Dryden Lake provide critical and research opportunities. Sapsucker Woods, associ- grassland habitat and have been identified as a Natural ated with the Cornell Laboratory of Ornithology,an Heritage Site by New York State. internationally recognized bird sanctuary and research center, is located here. In many cases, these lands are managed for specific purposes to support educational or research objectives and, consequently, are particu- larly vulnerable to factors that might compromise their ecological integrity. Critical Habitat and Biodiversity Although the Focus Area includes portions of the City and two villages,the creek corridor and the relatively undeveloped land between population centers provides critical habitat for a broad range of species. Three key areas are notable for accommodating a diversity of FALL CREEK 4 Protection and Management Issues Drinking Water Quality Outdoor Recreation • Pollutants in the waters (such as sediment,pesti- ■ Scenic views and tranquility are important compo- cides and herbicides,fecal contamination and other nents of the outdoor experience, and are threat- inputs)can negatively impact human health and ened in some areas by human development and increase the costs of treating drinking water. incompatible land uses. Vegetated buffers along permanent and intermit- tently flowing watercourses,wetlands,and associ- ated floodplains help filter pollutants from water, and are critical for sustaining water quality. Al- though specific buffer needs vary from site to site based on topography,vegetation,soils,and land uses,in general a 100-foot vegetated buffer is the minimum needed to provide nutrient and pollutant removal. A wider buffer width may be required for bank stabilization or additional water filtration, depending on local site characteristics. • Excavation of gravel from streams,and other in- stream management activities,can cause erosion and change the natural course of the stream. • When areas are developed,precipitation and runoff Scenic views, such as this one from the Monkey Run flowing across developed areas accumulate pollut- Trail in Dryden, are an important part of the"outdoor ants,such as sediment and oil and gas products. experience" • As water runs off the landscape and into streams ■ When trails are not properly maintained,they are below,it accumulates pollutants(such as sediment, less inviting for people to use. Well-maintained bacteria,pesticides,and herbicides)that can trails that are clearly marked not only provide for a negatively impact water quality. Steep slopes and better recreational experience, but also encourage shallow soils in some portions of this Focus Area people to stay on the trail,thereby limiting the reduce the ability of the landscape to absorb impact of recreational use on sensitive areas and rainwater,and therefore increase the potential for adjacent private property. When designing new runoff. Land management practices designed to trail routes consideration should be given to poten- minimize the amount of pollutants entering runoff tial impacts on fragile plants and animals in the are particularly critical in these areas. area. • Water flowing through roadside ditches eventually ■ The Finger Lakes Trail section in the southeastern enters a stream and/or a lake. Proper manage- portion of the Focus Area is currently located on a ment of roads and roadside ditches is important in public road. While this is a fairly quiet road, limiting the amount of pollution and sediment that relocating the trail onto the adjacent land would enters streams and lakes and the spread of inva- enhance the hiking experience. sive species. ■ Generating awareness of available recreational • Although many of the key water resources in the opportunities can facilitate greater public enjoy- Fall Creek Watershed are found within the Focus meet and appreciation of public resources and Area,these resources are affected by activities that natural amenities.Education of the public about the occur throughout the watershed. As a result,water nature and purpose of particular trails is also resource management efforts must address issues necessary to protect the amenities and designated that extend beyond the boundaries of the Focus use of the trail(be it a footpath,horse trail,or Areas. mechanized use trail)and to ensure that trail users have the experience they anticipate. FALL CREEK Education and Research Woods is becoming increasingly isolated by Bevel- • School groups,as well as conservation volunteers opment. Maintaining connections to nearby Fall Creek is critical for the ecological viability of this and members of the public,frequently use publicly key habitat area. Keeping the surrounding areas owned natural areas as outdoor classrooms.Addi- "permeable" to bird species movement is neces- tional access to lands that represent a broad range sary,as is limiting further fragmentation of the of natural environments would enhance learning landscape. There are also possible connections to opportunities and facilitate greater use of nature as habitat in the nearby Airport Ponds and Wetlands an educational resource. Focus Area. • Public use of education and research lands is usually restricted in some way,in some cases because unauthorized visitors to these properties may inadvertently trample sensitive species used for research purposes or interfere with specialized management practices in use. Where restricted, these lands should not be visited without permission from the owner or manager of the property. `rte Y • Some education and research lands are generally open to the public for personal enjoyment and relaxation. For these areas,staying on the trail is important,especially where off-trail use may cause damage to the site or trampling of sensitive species. Certain sites are very sensitive,and may not be appropriate for large groups or children. • The spread of invasive species,herbicides,pesti- cides and fertilizers from adjacent lands can com- promise the integrity of the ecological,plant and Sapsucker Woods provides habitat for a wide variety of animal communities being studied. birds. Maintaining connectivity to nearby Fall Creek is critical for the ecological viability of this key habitat • Overgrazing by whitetail deer negatively impacts the area. quality and regeneration of ecological,plant and animal communities being studied. Deer damage ■ The introduction of non-native species,pesticides, has been extensive to Connell University Natural herbicides,and fertilizer can inhibit growth of native Areas,and poses a major threat to the viability of plants critical to biodiversity. their unique plant populations. ■ There is not enough protected or actively managed grassland habitat in the County. Patches of at least Critical Habitat and Biodiversity 150 acres in size(or smaller patches located in close proximity)are necessary to support viable • Although specific habitat size requirements vary by populations.of grassland communities. The Sap- habitat type and from species to species,contiguous sucker Woods, Etna, and Dryden Lake areas all open space of at least 135 acres is generally needed have large patches of suitable grassland habitat. to support diversity and abundance in plant and The Dryden Lake area habitat is particularly animal communities,and to enhance species noteworthy, given the presence of Northern Harrier survival by providing habitat for larger populations and its proximity to the State agricultural land. of animals and allowing for species movement and migration. ■ Several grasslands species are threatened in the County, and require specific land management • Wildlife corridors promote genetic diversity among practices to provide high-quality habitat. species and help counter the negative effects of habitat fragmentation by connecting otherwise ■ Wetlands and ponds are sometimes filled or de- isolated patches of suitable habitat. Sapsucker graded,which has a negative impact on the ability FALL CREEK 6 of those systems to support wetland and pond require periodic disturbance to maintain the right species. The large wetlands found in the Sap- mix of vegetation. sucker Woods and Etna areas provide critical 0 Development in the Etna Area poses a significant habitat. Current filling and grading activities in the Etna area are of particular concern. Given that challenge for habitat integrity and connectedness. many wetland bird communities depend on wet- The nearby stream corridor provides an important lands within a two-mile buffer of their home connecting link between the Etna Nature Preserve habitats, the smaller wetlands scattered along the and the wetlands and grassland areas to the east of creek corridor in both the eastern and central Kirk Road. Maintaining connections to the nearby portion of the Focus Area are also a critical Caswell Grassland Important Bird Area is also component of wetland habitat benefits. desirable. • Species that live in and around wetlands and ponds 0 Vernal pools found in the western portion of the require clean water to thrive.Poorly managed Focus Area provide critical habitat for species of wetlands,ponds,and upland areas have a negative greatest conservation need,such as the Jefferson impact on water quality and reduce the viability of Salamander. A vernal pool is a depression in the these habitat areas. ground that fills with the rising water table of fall and winter,or with the meltwater and runoff of • Controlling the location of streams,and limiting the winter and spring snow and rain.This unique natural flooding and channel meandering character- habitat,and associated wetlands and upland forests, istics of streams,can inhibit the growth of native are particularly sensitive to alterations or destruc- stream and riparian area vegetation,which is tion resulting from development or timber harvest- needed for wetland species to thrive. Natural ing.Vernal pool species are vulnerable to road stream meandering and flooding appear to be mortality during migration to and from breeding particularly important in the Etna Area, given the sites. ■ Some pond species, such as snapping turtles,are vulnerable to high road mortality on roads during the nesting season. 4 r4p- �u r _ Y 4; �_ vZlrl -. � • Stream meandering in the Etna Area creates impor- tant and diverse riparian habitat. type of habitat found here. ■ There is not enough protected or actively managed early successional habitat in the County. Most early successional habitat species are not sensitive to the size of the habitat patch,so even small habitat conservation efforts can be beneficial. Several patches of early succesional habitat are found in the Etna area. These early successional habitat areas FALL, CRFFK 7 Priority Actions for Fait Creek The Natural Features Focus Area Project has identified 35 priority action items to be initiated over the next five years. The action items have been established to bolster and coordinate the region's many existing conservation efforts. They are not intended to replace or replicate those efforts. The action items reflect the broad range; of unique uses in the identified Focus Areas . Below is a list of actions that are particularly relevant to the Fall. Creek Focus Area. For a complete list of actions and designation of principal agencies that will lead implementation efforts please see the Implementation of Priority Actions section of the complete county-wide plan. Water Quality 4 Map small wetlands and vernal pools using data '+ Encourage semi-pervious paving, bioretention, and on hydrologically sensitive areas and provide infiltration practices. information to landowners and municipalities about these locations. 4 Provide education about and access to hydrologi- cally sensitive area data through the Natural Resources Inventory (NRI) on-line interactive mapping tool. Invasive Species and Native Plants 4 Educate highway departments about the impacts 4 Inventory and identify high priority areas for the of roadside ditching on water quality and water quantity, and provide highway departments with control of invasive species. information about appropriate best management 4 Establish a coordinated approach for distributing practices to address this issue. invasive species information to landowners Investigate and distribute information about throughout identified high priority areas. techniques for controlling excessive water-borne 4 Develop and distribute a list of popular landscaping bacteria originating from geese and other wildlife. plants and appropriate native species substitutions. Initiate inspection and maintenance. requirements 4 Conduct a comprehensive "natural lawns and for individual on-site wastewater treatment systems, as also recommended in the Tompkins gardens" campaign to limit the use of pesticides, County Comprehensive Plan. herbicides, and fertilizer, and increase the use of native plants in landscaping. Develop a policy for using native plants for all Outdoor Recreation county maintenance activities and on all county Provide emergency responders with better trail properties, and work with local municipalities to maps to improve incident response time. Create institute a similar policy. and distribute a guidebook for the county's recre- Provide a wide selection of native plants as part of ational amenities that highlights trails, swimming annual plant sale, and eliminate all invasive species areas, and bird watching opportunities. from the sale. Critical Habitat and Biodiversity Rural Landowner Outreach and Education Enhance existing rural landowner education efforts 0* Work with municipalities to protect wetlands and with an emphasis on sustainable forestry practices, vernal pools smaller than 12 .4 acres in size and not impacts of ATV use, invasive species, wetlands regulated the NYS Department of Environmen- management, grassland habitat, and targeted tal Conservvaa tion. outreach to new rural landowners . FAIL CRUX R Identify and coordinate the dissemination of information about grants available to private landowners for habitat management and enhance- ment. Technical Assistance for Municipalities Provide technical assistance to municipalities working on projects that implement the recom- mendations of the plan. Provide training and information to municipalities on the full-range of conservation tools available, the Plan and the Natural Resources Inventory, flood plain management strategies, and vernal pool and small wetland habitat conservation.. Coordination Convene a group of partners (Tompkins County Conservation Partners) involved in local conserva- tion efforts twice a year. Meetings will facilitate regular information sharing as well as coordinated educational efforts such as periodic field trips for municipal officials to key sites in the Focus Areas . Land Protection in Priority Areas Protect priority protection areas through partner- ships with area agencies and municipalities by purchasing land and acquiring conservation easements . Educate landowners about tax incentives available for conservation efforts through various formats including town/village newsletters with special emphasis on landowners within the open space system. Develop or identify a model conservation zoning ordinance for use in key portions of the Focus Areas. Engage key land protection stakeholders to assess the financial resources available for land conserva- tion and work to establish additional funding as needed.