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HomeMy WebLinkAboutTB Minutes 2008-09-08 Regular Meeting of the Ithaca Town Board Monday, September 8 , 2008 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature — Mike Koplinka- Loehr, District No . 11 4 . Report of City of Ithaca Common Council — Robin Holtham Korherr 5 . Report of Fire Commission 6 . 5 : 45 p . m . - Persons to be Heard and Board Comments 7 . 6 : 00 p . m . — Public Hearing — Order approving construction of Sewer District Improvement - King Road East Sewer Lateral Extension 8 . Consider SEQR regarding order approving construction of Sewer District Improvement - King Road East Sewer Lateral Extension 9 . Consider Resolution and order approving construction of Sewer District Improvement - King Road East Sewer Lateral Extension 10 . Consider setting a public hearing for October 20 , 2008 at p . m . regarding a local law amending the Lakefront Residential Zone requirements and adding related definitions in Chapter 270 of the Town of Ithaca 11 . 6 : 30 p . m . — Public Hearing — regarding Noise Permit application submitted by Ithaca College for its Homecoming Event to be held on Tuesday, September 16 , 2008 from 5 p . m . to 8 p . m . within the campus located at 950 Danby Road 12 . Consider approval of a Noise Permit Application submitted by Ithaca College for an event to be held on Tuesday, September 16 , 2008 from 5 p . m . to 8 p . m . within the Ithaca College campus located at 950 Danby Road ' 13 . 6 : 35 p . m . — 6 : 50 p . m . Presentation by Summer Youth Program participants 14 . Town Board discussion and update from the Town Supervisor regarding a possible Agreement with the Cayuga Lake Watershed Intermunicipal Organization ( a . k . a . 10 ) for the town to provide administrative support 15 . Consider adoption of a Town of Ithaca Volunteerism Policy 160 Consider referring Carrowmoor Planned Development Zone Local Law to the Town of Ithaca Planning Board Final - September 3, 2008 Page 1 of 2 i 17 . Consider setting a public hearing regarding A LOCAL LAW ADDING FEES FOR NOISE PERMIT APPLICATIONS IN CHAPTER 153 OF THE TOWN OF ITHACA CODE 18 . Consider setting a public hearing regarding A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE , TITLED " NOISE , " TO REVISE NOISE PERMIT APPLICATION PROCEDURES 19 . Consider authorization to apply to New York State for farmland protection funding for the proposed purchase of development rights on two farms in the Town of Ithaca 20 . Consider authorization to request a speed limit reduction on Slaterville Road 21 . Consider recognition of Diane Jayne ' s years of service to the community 22 . Consider support of National Run/Walk to Work Day 23 . Consider authorization for the Town Supervisor to sign a memorandum of understanding for fire services with the City of Ithaca through December 31 , 2008 24 . Consider consent agenda a . Town Board Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract d . Brush and Leaf pickup 25 . Report of Town Committees 26 , Intermunicipal Organizations 27 . Report of Town Officials 28 . Review of Correspondence 29 . Consider Adjournment Final - September 3, 2008 Page 2 of 2 Town of Ithaca Town Board Sign-In Sheet Meeting Date: Monday, September 8 , 2008 Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail ed. CG :�G� A �✓ � c .3 " PS �G��k S�� � I�vl X111 ail I' zr �� d�,yt j2 r 51�/e j" a ' b Final Regular Meeting of the Ithaca Town Board ` Pr Monday, September 8 , 2008 at 5 : 30 p . m . Irc, 215 North Tioga Street, Ithaca, NY 14850 Present Herb Engman , Supervisor; Pat Leary, Councilwoman ; Peter Stein , Councilman ; Eric Levine , Councilman ; Bill Goodman , Councilman ; Tee-Ann Hunter, Councilwoman ; Rich DePaolo , Councilman . Staff Karen Billings , Town Clerk ; Fred Noteboom , Highway Superintendent ; Dan Walker, Town Engineer; Susan Ritter, Assistant Director of Planning ; Bruce Bates , Director of Code Enforcement; Judy Drake , Human Resources Specialist ; Darby Kiley, Planner; Susan Brock, Attorney for the Town . Others Bill Sonnenstuhl , Eric Tofleyard ( sp? ), Lynne Pierce , John Rancich , Steven Bauman , Susan Riha . Call to Order Supervisor Engman called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance. Budget Meetings Supervisor Engman reminded the board that there are extra board meetings coming up , October 2 and November 6 , 2008, for budget review and approval . Navigation Law Supervisor Engman announced that the Governor signed the Town 's navigation law Bill into law. The Town is now included in State Law and is specifically authorized to regulate the lakefront area . Agenda Item No. 3 - Report of Tompkins County Legislature — Michael Koplinka- Loehr No report . Agenda Item No. 4 - Report of City of Ithaca Common Council — Robin Holtham Korherr No report . Agenda Item No. 5 - Report of Fire Commission — See Attachment #1 Bob Romanowski , Fire Commissioner, appeared before the board and gave his report . Introduction of Director of Code Enforcement Supervisor Engman introduced Bruce Bates, Director of Code Enforcement, to the board . Page 1 of 32 Final Fire Commission Report Supervisor Engman asked the board if they would like Mr. Romanowski to continue coming before the board on a quarterly basis or if they felt his written report was sufficient. Councilman Stein thought a quarterly report that contained a " broader scope of information " would be beneficial to the board . Councilwoman Leary added that quarterly reports give the board an opportunity to ask questions . I Councilman Stein wanted the agenda to reflect when Mr. Romanowski was appearing before the board . The board decided they would like Mr. Romanowski to continue coming to meetings on a quarterly basis . Agenda Item No. 6 = 5 : 45 p. m . = Persons to be Heard and Board Comments Bill Sonnenstuhl made a recommendation that Susan Riha 's presentation about Marcellus Shale , which she presented . to the Governor and DEC , is well done and Town Board members should hear it . Mr. Sonnenstuhl stated that the public needs to hear about and understand the implications for water resources. He said that Ms . Riha assured everyone at the presentation that it was not so much the Marcellus Shale here that the drillers are interested in , but the shale below it . He said he also listened to a radio interview with the DEC Commissioner; during the interview it became quite clear that there are a lot of implications for water resources including the lake , transporting water, decontaminating water, and who will build plants to process it. He stressed the importance of the presentation to the board . Supervisor Engman explained that the Environmental Management Council was being asked by the County Legislature to review the issue . The Town has been approached regarding rental of Town parks for drilling and the Town said thanks , but no thanks . Mr. Sonnenstuhl added that DEC will be releasing a scoping document within the next few weeks and they are soliciting as much input as possible into the document. Supervisor Engman announced there is a presentation on gas drilling September 18 , 2008, 7 : 00 p . m . , at the Women 's Community Building . He said that drilling does pose a danger to underground water supplies ; water is also used for the cracking underground and there are questions about what happens with the contaminated water. Councilwoman Hunter asked if the Town has any authority over gas drilling within the Town . Ms . Brock had not researched the subject , but to the extent that the State regulates it she suspected that there could be an argument that there is preemption or the ability for the Town to regulate it itself within its borders . Supervisor Engman added that the Town would probably have an opportunity to comment; also the Town has an opportunity with regard to control over water. The Town has land use authority and there may be something that can be done in that regard , but in terms of drilling and how it takes place , the Town does not have a way to overturn the State 's regulation . Mr. Sonnenstuhl recapped the main points of Susan Riha 's presentation . Page 2 of 32 Final Agenda Item No. 14 - Town Board discussion and update from the Town Supervisor regarding a possible Agreement with the Cayuga Lake Watershed Intermunicipal Organization (a . k.a . 1O) for the town to provide administrative support Ms . Kiley referred to her memo to the board that was in their packets . She explained she used to work for the I . O . and carried those administrative responsibilities with her when she began working for the Town of Lansing . Lansing is not interested in maintaining the administrative responsibilities . In an effort to maintain continuity , there has been discussion of shifting the administrative responsibilities to the Town of Ithaca . However, the by-laws are written such that the administrative center should be with the chair of the I . O . Ms . Kiley further explained that the by-laws could be changed so that the administrative center could be independent of the chair and be held by a participating voting member. The I . O . will be voting on the suggested changes in September. Ms . Kiley also explained that the I . O . was awarded grants that have been contracts with the Town of Lansing . Lansing has since written a letter to the Department of State terminating the contracts because they were not able to take on the responsibilities . If the Town of Ithaca were willing to accept the administrative responsibilities, the Town would then be signing a contract to take on the grant responsibilities . Supervisor Engman thought it would be an opportunity for the Town to get more engaged with the protection of Cayuga Lake and its watershed . He has talked with Mr. Carvill , Mr. Kanter, and Ms . Kiley about the transfer of responsibilities . He said that this would also allow the Town to develop a relationship with the Department of State because they currently give the grants that the I . O . has . Councilman Stein asked what the expected hours per year were . Ms . Kiley calculated it to be approximately 40 hours . Councilman Stein asked if the Town would be reimbursed for the hours . Ms . Kiley responded that the Town would be ; she is currently keeping an accounting of her hours . Supervisor Engman asked if the board had any hesitation with the Town taking on the administrative responsibilities of the I . O . He made the board aware that they were not voting on it that evening , as this is just a discussion item . Councilman DePaolo asked who would retain the administrative responsibilities if the Town decided not to take them on . Ms . Kiley responded that they would ask another municipality, such as the Town of Dryden . The I . O . would elect the administrative center annually along with the Chair. Agenda Item No. 7 - 6 : 00 p . m . — Public Hearing — Order approving construction of Sewer District Improvement = King Road East Sewer Lateral Extension Supervisor Engman opened the public hearing . He noted for the record that there was no one present in the audience and closed the public hearing . Agenda Item No. 8 - Consider SEAR regarding order approving construction of Sewer District Improvement = King Road East Sewer Lateral Extension Ms . Brock informed the board SEQR was not needed because it's a type II action . Page 3 of 32 Final Agenda Item No. 9 - Consider Resolution and order approving construction of Sewer District Improvement = King Road East Sewer Lateral Extension Councilman Stein moved and Councilman Goodman seconded the proposed resolution. Councilman Stein understood that the project has been discussed for a while and that nothing has changed since the project was originally proposed . The board is voting on the proposed resolution (again ) to satisfy requirements of the law. Mr. Walker explained that the plans have been prepared for the project and the Town is ready to bid the project. Councilman Stein asked if the plans were distributed with the notice of public hearing . Mr. Walker responded that the plans are required to be on file in the Town Clerk 's office prior to the public hearing . He added that the resolution is subject to a 30-day permissive referendum . The 30-day period will have expired by the October 20th board meeting allowing the board to award a contract at that time . Ms . Brock suggested a change to Section 4 . Add to the end of the section , "and shall not become effective until the Article VII requirements have been met and any permissive referendum held approves the proposed improvements" . Councilman Stein and Councilman Goodman agreed to the proposed change . The board discussed the requirements and chronology of a permissive referendum . Councilwoman Hunter asked Ms . Brock if the board was proceeding according to law. Ms . Brock clarified that the steps as laid out in law have been compressed ; after the public hearing the board is supposed to order the Town , engineer to prepare the plans , specifications , budget and contract ; the order then needs to come back to the board for approval and is the point at which the board makes its determination . Councilwoman Hunter asked if a previous Town Board had examined the documents . Mr. Walker explained the documents have been available for examination. Ms . Brock added that she was not involved with the preparation of the contract. Mr. Walker said that he used the model John Barney used in the past. Councilman Levine confirmed that the board would have an opportunity to look at the plans at the October meeting . Mr. Walker added that the plans are now available for the board 's review. Councilman Levine did not think it was a substantial deviation from the outline in the law. Councilman Goodman wondered if the board could wait until the October meeting to follow the steps outlined under Town law. Ms . Brock clarified that the permissive referendum begins upon approval of the proposed resolution . Supervisor Engman stated that . all the requirements have been fulfilled one way or another and suggested the board vote on the project and move it ahead . Councilman Stein expressed he would feel more comfortable if Ms . Brock had said `yes , all steps were followed ' . Mr. Walker assured Councilman Stein that all steps required in the law have been done—albeit the final design and contract documents were complete prior to the public hearing . He said he felt that most sewer and water projects require a significant expense Page 4 of 32 Final to prepare the plans and specifications . He said that the law is designed to protect the public and the Town so that a huge investment is not made prior to approvals . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008477: ORDER CALLING FOR SEWER DISTRICT IMPROVEMENTS — KING ROAD EAST SEWER LATERAL EXTENSION WHEREAS, the Town Board of the Town of Ithaca, New York (the "Town '), has had under consideration a plan and estimate of cost for a proposed improvement of the facilities of the Town wide Sewer District (the "District") in and for the Town, consisting of approximately 715 Lineal feet of 8 inch sewer lateral and appurtenances from 209 King Road East to 227 King Road East, and WHEREAS, pursuant to Town Law Article 12, § 199; A meeting of the Town Board was held at the Town Hall, 215 North Tioga Street, Ithaca , New York, on the 8th day of September, 2008, at 6:00 o 'clock P. M. , Prevailing Time, for the purpose of conducting a public hearing on and considering the proposed improvement of the facilities of the District in the Town, as described in the preambles hereof, at which time and place said Town Board heard all persons interested in the subject thereof concerning the same; and WHEREAS, The Town Engineer has prepared definite plans and specifications, and has made a careful estimate of the expense, and has, with the assistance of an attorney, prepared a proposed contract for the execution of the work; and WHEREAS, said contract and estimate of cost are on file in the office of the Town Clerk for public inspection; and WHEREAS, the maximum proposed cost of such improvement is $ 100, 856. 00; and WHEREAS, the Town Board has examined such definite plans, specifications, estimate and proposed contract. NOW THEREFORE, BE IT RESOLVED, and ordered by the Town Board as follows: Section 1 . That it is in the public interest to construct said improvement within the cost estimated by the Town Engineer Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid specific object or purpose constitutes a Type II Action under the SEQR Regulations of the State of New York which will not have a significant impact upon the environment. Section 3. The Town Board adopts the definite plans, specifications, estimate and proposed contract, and orders the Town Engineer to advertise the contract for bids. Section 4. The resolution is subject to permissive referendum according to Article 7 of Town Law and shall not become effective until the Article Vll requirements have been met and any permissive referendum held approves the proposed improvements. Page 5 of 32 Final The question of the adoption of the foregoing order was upon motion of Councilman Stein, seconded by Councilman Goodman duly put to a vote on a roll call, which resulted as follows: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, no Councilman DePaolo, aye The order was thereupon declared duly adopted. Agenda Item No . 10 = Consider setting a public hearinq for October 20 , 2008 at 6 : 00 p . m . reaarding a local law amending the Lakefront Residential Zone requirements and adding related definitions in Chapter 270 of the Town of Ithaca Supervisor Engman explained that setting the public hearing assumes that a couple of questions are answered by COC . Councilman Goodman hoped that the draft law would be ready for the October meeting . Supervisor Engman proposed the public hearing be set for 6 : 00 p . m . on October 20 , 2008 . Councilman Goodman moved and Councilman Stein seconded . Supervisor Engman called for a vote . TB Resolution No. 2008- 178: Consider Settin_g Public Hearin_g Repardin_g Proposed Local Law Amending Lakefront Residential Zonin_g Requirements and Addinq Related Definitions in Chapter 270 of the Town of Ithaca Code BE IT RESOLVED that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Toga Street, Ithaca, New York on the 20th day of October 2008, at 6:00 p. m. for the purpose of considering a proposed local law amending Lakefront Residential Zoning requirements and adding related definitions in Chapter 270 of the Town of Ithaca Code; and it is further RESOLVED, that at such time and place all persons interested in the proposed 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 Goodman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye Page 6 of 32 Final Councilwoman Leary, aye Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The motion passed unanimously. Agenda Item No. 17 = Consider setting a public hearing regarding A LOCAL LAW ADDING FEES FOR NOISE PERMIT APPLICATIONS IN CHAPTER 153 OF THE TOWN OF ITHACA CODE Proposed local law was distributed to the board . Supervisor Engman proposed the public hearing be set for 6 : 30 p . m . on October 20 , 2008 . Councilwoman Leary moved and Councilwoman Hunter seconded . Councilman DePaolo asked if the board wanted to consider the proposed fee amendment separate from the proposal before the Operations Committee to fold several noise permit requests into one application. Supervisor Engman thought that the amendments could be made separately to the law. Councilwoman Leary brought the board 's attention to the fact that two ( 2 ) different chapters of Town Code were being changed . Chapter 153 establishes the fee ; Chapter 184 establishes the procedure. Supervisor Engman called for a vote . TB Resolution No. 2008= 179: Consider Settin_g Public Hearin_g Re_gardin_g Proposed Local Law Addin_g Fees for Noise Permit Applications in Chapter 153 of the Town of Ithaca Code BE IT 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 20th day of October, 2008, at 6:30 pm for the purpose of considering a proposed local law adding fees for noise permit applications in Chapter 153 of the Town of Ithaca Code, and it is further RESOLVED, that at such time and place all persons interested in the proposed 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: Councilwoman Leary SECONDED: Councilwoman Hunter Page 7 of 32 Final VOTE: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The motion passed unanimously. Agenda Item No. 18 - Consider setting a public hearing regarding A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE , TITLED " NOISE , " TO REVISE NOISE PERMIT APPLICATION PROCEDURES Proposed local law was distributed to the board . Supervisor Engman explained that the amendment allows the board to waive the 45 day filing requirement upon good cause . He proposed the public hearing be set for 6 : 35 p . m . on October 20th . Councilwoman Hunter moved and Councilman Levine seconded . Councilman Stein asked if the 45 day requirement can be waived , could the Town waive the $ 50 fee . Mr. Kanter noted that Chapter 153—Fees , permits the Town Board to waive any fee . Supervisor Engman called for a vote . TB Resolution No. 2008- 180: Consider Setting Public Hearin_g Re_gardin_g Proposed Local Law Amendin_g Chapter 184 of the Town of Ithaca Code, Titled "Noise, " to Revise Noise Permit Application Procedures BE IT 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 20th day of October, 2008, at 6:35pm for the . purpose of considering a proposed local law amending Chapter 184 of the Town of Ithaca Code, titled "Noise, " to revise noise permit application procedures, and it is further RESOLVED, that at such time and place all persons interested in the proposed 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: Councilwoman Hunter SECONDED: Councilman Levine VOTE: Supervisor Engman, aye Councilwoman Leary, aye Page 8 of 32 Final Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The motion passed unanimously. Agenda Item No. 19 = Consider authorization to apply to New York State for farmland protection funding for the proposed purchase of development rights on two farms in the Town of Ithaca — See Attachment #2 Mr. Kanter noted the deadline for the application is September 15th and that Mr. Smith , from the Planning Department, is working on the application . Mr. Kanter explained that the Town would have to match 25 % of the grant; the Town 's share would be $ 140 , 000, if the grant is awarded . Councilman Stein moved and Councilman DePaolo seconded . Councilman DePaolo asked if the conservation easement mandated that the parcel continue to be actively farmed . Mr. Kanter said yes , it is the basis of the easement program . The easement can be tailored to a specific property for other uses to be included . Councilman DePaolo asked how the assessed value of the property is affected if the Town purchases its development rights . Mr. Kanter explained that the Town has only acquired one easement and so far the easement has not affected the assessment of the property. He did not think the Assessment Department had a set procedure for handling the easements . Supervisor Engman added that many parcels already have an agricultural assessment, which is a lower assessment than developable land . Councilman DePaolo then wondered if development rights could be sold back to the State or owner. Mr. Kanter explained that the easements were intended to be perpetual , but there is a provision for changing or removing the easement. Councilman DePaolo followed up by asking if the Town would have to reimburse the State for the costs of buying the development rights . Mr. Kanter was not sure because the Town has not previously been successful in obtaining a State grant . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008 — 181 : AUTHORIZATION TO APPLY TO NEW YORK STATE FOR FUNDING THROUGH THE FARMLAND PROTECTION IMPLEMENTATION GRANTS PROGRAM WHEREAS, the Town Board has adopted a Park, Recreation and Open Space Plan (December 1997), and said plan identifies the preservation of farmland as an important priority for the Town, and Page 9 of 32 Final WHEREAS, the Park, Recreation and Open Space Plan proposes a voluntary Purchase of Development Rights (PDR) program to further the goal of preserving farmland, and the Town Board is actively pursuing the implementation of such a program, and WHEREAS, the Town Board has adopted a Policies and Procedures Manual (July 12, 1999, updated March 13, 2006 and January 7, 2008) with specific guidelines and criteria for implementation of the Agricultural Land Preservation Program, and WHEREAS, the New York State Department of Agriculture and Markets has announced the availability of funding through the Farmland Protection Implementation Grants Program for the protection of viable farmland from development, and WHEREAS, the cost-share ratio for these funds has been established at 75 percent State and 25 percent local, and WHEREAS, the Town has received two applications from farm owners that are interested in participating in the Town 's PDR program, and WHEREAS, the subject parcels are included within the target area and meets the criteria for the PDR program in the above-referenced Policies and Procedures Manual, and WHEREAS, an estimated range of potential acquisition costs for the agricultural conservation easements total $560, 782. 00 (Cummins is $273, 632. 00 and Jackman is $287, 150. 00), and WHEREAS, the 25% local match in funds would be up to $ 140, 195. 50 (Cummins is $68, 408. 00 and Jackman is $ 71 , 787. 50), and the Town 's Open Space Reserve contains sufficient funds to cover this local match, and WHEREAS, grant applications are due on September 15, 2008, and WHEREAS, the Town of Ithaca Planning Committee met on March 13, 2008 and recommended that grant applications for these two properties be prepared and submitted by the Town; NOW THEREFORE BE IT RESOLVED, that the . Supervisor of the Town of Ithaca, is hereby authorized to file applications for these two properties for funds from the New York Department of Agriculture and Markets in accordance with the provisions of the Farmland Protection Implementation Grants Program, with a total amount not to exceed $560, 782. 00, which requires the commitment of a local share not to exceed $ 140, 195. 50, 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 for the Agricultural Land Preservation Program. MOVED: Councilman Stein SECONDED: Councilman DePaolo VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Levine, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved — unanimous. Page 10 of 32 Final Agenda Item No . 11 - 6 : 30 p . m . — Public Hearing — regarding Noise Permit application submitted by Ithaca College for its Homecoming Event to be held on Tuesday, September 16, 2008 from 5 p. m . to 8 p. m . within the campus located at 950 Danbv Road Supervisor Engman opened the public hearing and invited the public to address the board . Lynn Pierce , a representative from Ithaca College , offered to answer any questions . Councilman Stein thought part of the application process was to survey neighbors who would be impacted by the noise . He was not sure what the notation on the application meant. Ms . Pierce explained that Ithaca College would do a press release regarding all events focusing on Homecoming . Councilman Stein did not think that satisfied the provision of the application . Ms . Brock clarified that events open to the public do not need individual neighbor notification . Ms . Pierce stated that the events are open to everyone on the campus, including guests on campus . Supervisor Engman thanked Ms . Pierce for her comments . With no one else interested in speaking , Supervisor Engman closed the public hearing . Agenda Item No. 12 - Consider approval of a Noise Permit Application submitted by Ithaca College for an event to be held on Tuesday, September 16, 2008 from 5 p. m . to 8 p. m . within the Ithaca College campus located at 950 Danbv Road Councilman Levine moved and Councilman DePaolo seconded the proposed resolution . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 182: Noise Permit Approval for an Upcoming Event at Ithaca College BE IT HEREBY RESOLVED that the members of the Ithaca Town Board hereby approve the granting of a Noise Permit to Ithaca College for its Homecoming Event on Tuesday, September 16, 2008 from 5: 00 p. m. to 8:00 p. m. at Ithaca College, 953 DanbyRoad. MOVED: Councilman Levine SECONDED: Councilman DePaolo VOTE: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The motion passed unanimously. Page 11 of 32 Final _Agenda Item No. 13 - 6 : 35 p . m . — 6 : 50 p . m . Presentation by Summer Youth Program participants Ms . Kirchgessner briefly informed the board of upcoming events at the Tutelo Festival being held September 27 , 2008 . Ms . Kirchgessner made a short presentation about the summer youth employment program . Supervisor Engman and Ms . Kirchgessner then presented Certificates of Recognition to students who successfully completed the program . Participants , parents , and job site employers shared his/her thoughts about the program and the students ' experiences with the board . Agenda Item No. 15 - Consider adoption of Town of Ithaca Volunteerism Policy (Attachment #31 Ms . Drake introduced the Volunteerism Policy and explained that the policy was reviewed by the Personnel Committee and the Employee Relations Committee . Supervisor Engman moved and Councilwoman Leary seconded the proposed resolution . Councilwoman Leary clarified that in the volunteer firefighter section , an employee does not need to call in before going out on an emergency, but they need to do so as soon as possible . Councilman Stein distributed an amendment to board members . He moved and Councilwoman Hunter seconded the motion for purposes of discussion . Councilman Stein explained that the Personnel Committee spent a lot of time discussing the proposed amendment and he felt strongly that the employee paid volunteer time should be part of an organized Town employee group activity in which they are carrying out a community based project. He stated that he supports volunteerism , but the essential feature of volunteering is that it is "volunteer" . Councilman Stein felt that the policy violated the spirit, if not the letter, of the gift law. He thought that donating an employee 's time could be interpreted as taking public funds as a gift. He did think an employee group volunteer project was justifiable as it increases staff morale and the Town can legitimately take public funds to increase staff morale . Councilman Stein further stated that the policy was discussed at the Employee Relations Committee meeting . During that meeting 5 of the 6 staff members present thought the proposed volunteerism policy was inappropriate for the same reason Councilman Stein described . He thought it was important to listen to staff views. on subjects , particularly subjects that affect staff. Councilwoman Leary . remembered that one employee felt strongly the policy was inappropriate , but the others were wishy-washy about the policy . She felt it was up to the board to decide as an ongoing policy what they want . She noted that the wording of the policy includes group activities , but does not force people to engage in group activities and is more flexible . Councilwoman Leary thought that a group activity was no less -.a gift than an individual activity. She added that it was up to employees to decide what they wanted to do. Councilman DePaolo agreed with Councilman Stein 's statements . He has spent a lot of years volunteering and giving his own money to advance environmental and civic causes . He agreed Page 12 of 32 Final that the spirit of volunteerism should be altruistic and when people are paid to volunteer, they really are not volunteering . Councilman DePaolo also had reservations about the nature of the volunteering. Not only was he uncomfortable with using taxpayer money to allow people to volunteer, but he was also uncomfortable with separation of church and state arguments that can 't be ignored . Councilman Levine was concerned with the term "community based organization " . He thought it was and did not imply that it was a not-for-profit organization . He wanted to see a limitation written into the policy that required it to be a non-religious , not-for-profit organization . He did not think it needed to be a Town organized event because it would just take more Town time to organize . Councilman Goodman asked if there was an existing unofficial program . Ms . Drake responded that the volunteer firefighter policy has been a practice , but not an official policy. The Town has done organized volunteering in the past such as . hosting a blood drive at Town Hall . Councilman Goodman assumed that since there was a proposal to change current practice then there must be a problem and he wanted to know what problem was being addressed . Ms . Drake explained that some questions arose with the changeover in the board . Things such as hosting a blood drive or ringing the (Salvation Army ) bell were questions brought before the Employee Relations Committee. Second , there is a lot of interest on the human resources side for employers to give volunteer time so that employees can participate in schools . Councilman Goodman asked what is "other time" that is referred to in the policy . Ms . Drake explained that there is vacation , sick , personal time and then there are `other times ' such as bereavement leave , jury duty that are classified as other time . Councilman Goodman asked if an employee could use other time for anything they wanted to . Ms . Drake said no and added that she is only allowed so many time classifications in the payroll program . Supervisor Engman pointed out the purpose of the policy is to support Town employees in volunteering . He added that many Town employees do not have flexible work schedules to allow them to volunteer. Supervisor Engman did not think the board wanted to add to the general time off for an employee . He thought that keeping track of the type of volunteering done would be a laborious record keeping process. Supervisor Engman expressed his support for the volunteer policy. Councilwoman Leary added that the policy is adding 8 hours to `other' time . She remembered that the policy started as a statement supporting volunteerism of employees and employees would use their vacation and personal time , but then the committee felt that it should not be telling employees how to use their time . Councilman Stein thought that members would get confused about other time . The volunteer time was coming out of an employee 's work time . Other time is an accounting procedure that Ms . Drake uses . . He disputed with Councilwoman Leary the opinions of the 6 employees present at the Employee Relations Committee . The employees were asked to raise their hands as to whether or not they supported the policy. Councilman Stein added that he calculated the cost of 8 hours per year, which comes out to be 0 . 5 % in the raise pool . He thought the policy was of marginal significance and was something that the employees themselves on , that committee did not want. Overall , Councilman Stein was against the volunteer policy. Councilman Goodman wanted clarification of whether or not the volunteer policy was considered a gift of Town property before he voted to approve the policy. Page 13 of 32 Final Councilwoman Leary argued that both clauses support employee morale and that the original motion supports employee morale even more than a group effort because employees were not being forced to work as a group . She clarified that volunteer time is not extra time for an employee to use ; they only receive the time if they show the time has been used for volunteering . Supervisor Engman explained that the board was considering the amendment on the floor and asked if there was any further discussion on it . Councilman DePaolo asked why there was an emphasis on a group activity rather than an activity that benefits a town . He wondered if the presumption was that a group activity fosters more morale than an individual activity benefitting the town . Councilman Stein responded that the idea came up in committee discussion ; staff felt that doing public service as a group had morale building potential . Councilwoman Leary added that group activities are not prohibited in the original resolution . Councilwoman Hunter asked Ms . Brock to address the question of volunteer time being a "gift" . Ms . Brock responded that she was not involved in drafting the policy and has not had time to research the issue . Councilman Goodman asked where the language for the policy came from . Councilman Stein thought that the policy was written through a collective effort of the Personnel Committee . Councilman Goodman wondered if other municipalities have a similar policy. Ms . Drake responded that the City and County are discussing it as part of their collective bargaining negotiations . Councilwoman Hunter felt uncomfortable authorizing volunteer activities in municipalities other than the Town of Ithaca . She did not know how volunteer activities would be supervised or verified . She knew from past experiences that activities , such as the blood drive , were positive experiences at Town Hall . Councilman Stein agreed that an organized Town activity would be easier to track and that individual activities would be hard to track . Supervisor Engman called for a .vote on the amendment. DePaolo , nay; Hunter, aye ; Levine , aye ; Engman , nay; Leary , nay; Stein , aye ; Goodman , aye . The amendment carries . Supervisor Engman stated that the amendment carries . The board would vote on the proposed resolution/policy with the amended change . He asked is there was further discussion . Councilman Stein expressed hesitation over approving a policy if it was contrary to the "gift" clause . He wondered if it would be appropriate to delay the vote until October to give Ms . Brock time to research it . Ms . Brock stated the language is not a problem , how the program is implemented could pose a problem . She thought the policy could be enacted with the language , but when the Town organizes an employee group activity they could look further into whether the activity was appropriate or not. Councilwoman Leary thought the proposal before the board was better than nothing because it provides paid time for volunteering and it formalizes the firefighter and EMT policy. Ms . Brock suggested changes to the proposed policy. Under Blood Donation Leave , NYS law Chapter 578 should be changed to " NYS Labor Law Section 202-j " . Under Procedures for Page 14 of 32 Final Volunteer Firefighter and Emergency Medical Technician Leave , last sentence add , "or notify his or her supervisor of his or her departure" before "as soon as possible or the same as . . . " . Ms . Brock also suggested the second resolved clause of the resolution be changed to state , "the Human Resources Manager is hereby directed to add this program to the Personnel Manual for non-represented employees" because the policy currently states it does not apply to bargaining unit employees . Supervisor Engman wanted "election inspector ' to be removed from the examples given under Volunteer Time Policy. Ms . Drake agreed and noted that a lot of the "such as" examples listed would need to come out . Councilman Stein noted a lot of time was spent on the portion of the policy that is not very important . The important part of the policy is for volunteer firefighters and EMTs . He added that the Town benefits from the volunteer fire departments in other towns because they provide backup service to the Town of Ithaca in an instance of a large fire . Councilman Goodman explained that he was still concerned about the "gift" issue and did not feel comfortable voting for the policy. Councilman DePaolo expressed support of the "tightening up" of the fire and rescue portion of the policy and thought it made sense . He did not agree with the open-ended allowance to volunteer in other communities and for causes that may not be in keeping with good use of tax money. He supported passing the policy in pieces—separating out the firefighter and EMT portion . Councilman Stein was satisfied with Ms . Brock 's formula for addressing the gift policy. Supervisor Engman called for a vote : DePaolo , nay; Hunter, nay; Levine , aye ; Engman , aye ; Leary, aye ; Stein , aye ; Goodman , nay. Motion Carried . TB RESOLUTION NO. 2008- 183 : Approval of Employee Volunteerism Program WHEREAS, the Personnel Committee and Employee Relations Committee have discussed the Employee Volunteerism Program and recommends having the program become an official program approved by the Town Board; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve of the Employee Volunteerism Program (see attached); and be it further RESOLVED, the Human Resources Manager is hereby directed to add this program to the Personnel Manual for non-represented employees. MOVED: Supervisor Engman SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye Councilwoman Leary, aye Page 15 of 32 Final Councilman Stein, aye Councilman Goodman, nay Councilman Levine, aye Councilwoman Hunter, nay Councilman DePaolo, nay The motion was carried 4 ayes to 3 nays Agenda Item No. 16 - Consider referring Carrowmoor Planned Development Zone Local Law to the Town of Ithaca Planning Board — See attachment #4 Supervisor Engman introduced the agenda item and reminded the board that the action before them is a referral to the Planning Board ; it is not an approval of the local law. He explained that the developers are interested in knowing if the board is supportive of the general concepts within the proposed law. Mr. Kanter added that the Carrowmoor Committee had been working on the local law for approximately 1 . 5 years further stating that it's a complicated local law that includes the various aspects of the project. The Planning Committee also reviewed the proposed local law and decided to move it to the full Town Board for its review and referral to the Planning Board . The board would , at some point, need to decide lead agency status . The Town Board or Planning Board could be the lead agent. Councilman Stein asked when lead agency designation would be made . Mr. Kanter explained the proposed resolution includes a resolved requesting the Planning Board to take lead agency status. He referred the board to the tentative outline given to them in their packet ( see attachment #) and explained that if the Town Board decided to be the lead agent for the project then they would need to make a commitment of holding more meetings and going into an in- depth review of the project. He felt it was desirable to draft the local law upfront because it provides the Town Board 's direction and the Planning Board will know during their review process exactly what the framework is . Mr. Kanter stated that the Planning Board is equipped to handle the kind of further review the project will entail in terms of an environmental impact statement and the environmental review process, and detailed review of site plan and subdivision plan . It will be important to define the process of coordination regardless of who the lead agent is . Supervisor Engman moved the resolution referring the proposed local law to the Planning Board for a recommendation . Councilwoman Leary seconded . Supervisor Engman called for discussion . Councilman DePaolo asked if the Town Board could make modifications to the local law in the future if it were to be referred to the Planning Board . Ms . Brock stated that the Town Board is not committing to any wording . Councilman DePaolo pointed out that the Town Board is asking the Planning Board to comment on something that is subject to change and then they would have to comment on it again . Supervisor Engman explained that referring the law to the Planning Board means the Town Board is comfortable enough with the local law for the Planning Board to deal with what is in the Page 16 of 32 Final local law. He does not want to diminish the importance of what they are doing because he does not want to give the impression that the board is passing it along and then have it come back later and make substantive changes . He suggested that board members speak up if they want to see changes made to the local law because he did not think it was appropriate to pass along the local law and then try to make major changes later. Councilwoman Leary confirmed that the Town Board retains control of the final form of the local law regardless of who 's designated as the lead agent. Councilman Stein stated that if the Town Board is not the lead agent then the project would not come before them again in a meaningful way. He said that he has always been interested in the Town Board being the lead agent in a major project just so the board has the experience of how a project is approved . Councilman Goodman expressed his appreciation for the time and effort put into the proposed local law and supported the creative use of a Planned Development Zone to bring affordable housing into the project. He assumed that the Planning Board would not make a recommendation back to the Town Board until they have done a lot of work on the project and that the work done might entail changes to the local law. Mr. Kanter confirmed Councilman Goodman was correct. Councilman Goodman asked if the Town Board Planning Committee would be reviewing the local law further or if he should direct his question to the Town Planner or Attorney for the Town . Supervisor Engman responded that he encouraged Town Board members to call ahead to get more information . He would like to get questions answered before the meetings because not everyone has the same questions . Supervisor Engman stated he did not think board members should be calling the Town Attorney because the Town 's legal fees are becoming rather high saying that he would rather try to have himself and Town staff members answer questions as much as possible . Councilwoman Hunter thanked the developer for working with the Town for such a long time and also for their vision of what could be a very exciting project. She stated that she received the law on Thursday and it's very complicated ; she 's just now beginning to understand it. Councilwoman Hunter did not know if she was going to understand the long-term implications of the project in time to vote on the project that evening . She reminded the board that it is a large development—bigger than anything currently in the Town . Councilwoman Hunter expressed her concern and wanted to make sure that the project was guided carefully through the process. She assumed that the local law would not reach its final stage until a full environmental assessment was conducted. Mr. Kanter confirmed that was correct. Councilwoman Hunter asked why the number of housing units was determined so early in the process, especially when the community has never faced such a large project. She said that she needed to understand how the two processes would work together. Mr. Kanter responded that all actions related the proposal , including the local law, site plan approval , subdivision approval , and other required actions , are subject to environmental review under the State Environmental Quality Review Act . This project is classified as a Type I action under SEQR , which means all actions are subject to the same environmental review and it needs to be coordinated by a single lead agency. He explained that the lead agency would not take on the review in absence of all other involved agencies and stated that the local law could not be Page 17 of 32 Final adopted until the full environmental review process is completed . As outlined in his memo , Mr. Kanter has suggested to the applicant that it is quite likely that an environmental impact statement would be required and that the applicant consider up front to do an environmental impact statement as the mechanism for the review process . All actions would then be included in the environmental impact statement. Councilwoman Hunter asked if the Town Board would have the ability to make substantive changes to the local law after the environmental review process is complete . Mr. Kanter responded , "absolutely' . He added that a benefit of an environmental impact statement would be that the law itself could be reviewed as the process moves along and amendment( s ) could be made as needed. He thought it was important to identify clearly up front the scope of what would be in the environmental impact review statement. Councilwoman Hunter then commented that everyone is saying the law creates no obligation . She asked if that was correct because she heard Supervisor Engman say that maybe the law should not be changed . She wanted to make sure the Town wasn 't obligating itself to something . Councilwoman Hunter followed up her question by asking if the Town is not obligated to the project, then why were they reviewing the law. Ms . Brock explained the resolution refers the local law to the Planning Board for a recommendation . The resolution also may or may not ask the Planning Board to take lead agency status. The Town Board is not legally committing itself to enacting the law before them or another version of the law. Ms . Brock further explained that it would be illegal for the Town Board to try to do so that evening because they cannot take an approval action until a lot of steps have been completed such as the SEQR review and a public hearing held . The local law can be changed throughout the process and the SEAR review may result in a number of recommendations or findings by the Planning Board and Town Board that require changes be made to mitigate adverse impacts . Councilwoman Hunter confirmed that the law before them was what the SEQR process would be based upon . Ms . Brock explained that the scoping document is based upon the law in front of the Planning Board. Referring to page one of the draft local law , number 3 , Councilwoman Hunter asked what was meant by " Homes" in the last sentence. Ms . Brock explained Homes was a type of LEED certification , which can be received for different types of projects . The local law was requiring the residences to fall within two programs of LEED certification . Mr. Rancich added that each home in the development would be reviewed for LEED certification . They will not know what designation each house will receive until it is reviewed . There are 267 points in the certification process and a score is received for each point. When a certain score or points is achieved , then the home is certified . Other levels can be achieved when the score or points reach the other designated levels . Ms . Brock clarified that the developer was committing to the basic level of LEED certification , which was what the proposed local law required . The draft law does not require the developer to attain higher certification than the basic level . Councilwoman Hunter turned her attention to page 3 , Section D of the draft law. She noted that 400 residential condominium units were included and wondered how that number was selected because current zoning allows for a maximum of 330 units . Councilwoman Hunter then referred to the March 2007 Town Board discussion with the developer regarding the recreation facilities being open to the public , for a fee , but did not see it mentioned in the draft law. She reiterated that the law was an important piece of legislation that would change the character of the Town . Page 18 of 32 Final Councilwoman Hunter did not feel confident that she understood the law and added that the Town Board as a group had not been presented with a plan since March 2007 . Councilwoman Leary explained that the Town Board was in the beginning of a long process and there would be more time to ' discuss individual phrases and provisions . She did not understand Councilwoman Hunter's hesitation and if Councilwoman Hunter felt that she had not participated there was still time before the local law was finalized . Councilwoman Leary asked Councilwoman Hunter how long she wanted to hold up the local law or if she would like special meetings of the full board as a committee of the whole . Councilwoman Leary agreed that it was a big development and that the character of the Town would be changed , but did not understand Councilwoman Hunter's hesitation . Councilman Stein wondered about the lead agency designation and how the Town Board interacts with other agencies when it is not the lead agency. He asked why the Town Board never designates itself as lead agency. Supervisor Engman explained that the fact the project required a zoning change meant the Town Board was involved in a different way than with a lot of other projects . He agreed that in the past he felt that there may have been times when the Town Board might have better been the lead agency. He gave the example of the T-GEIS project because he thought it was a policy matter. Supervisor Engman felt that the policy portion was taken care of in the local law; therefore, the Town Board had sufficient influence without having to also be the lead agency. He thought that the Town Board being the lead agent would require a considerable amount of work . In this case , Supervisor Engman said that he was comfortable with the Planning Board being lead agent. Mr. Kanter added that the Town Board and Planning Board have come a long way in the past few years in terms of working out a better process for communication . He stated a function of the Planning Committee could be a place where , when necessary, issues that need to be passed along to the Town Board from the Planning Board can go . The Planning Committee has also talked about and was planning on having Town Board members attend Planning Board meetings on a rotating basis for better communication: and coordination . Mr. Kanter suggested that there may be occasions for joint meetings between the two boards . Councilman DePaolo commented that Councilwoman Hunter's initial reaction to the project seemed to be based upon the scale of the project. He asked Councilwoman Hunter if there was a particular component of her statement that she would like the board to go away with before the issue was decided . Councilwoman Hunter stated that the scale of the project made her want to be particularly careful about the way the board proceeds. She felt uncomfortable passing along recommendations for a draft law that she has not had the opportunity to weigh in on for a project of this capacity. She then commented that it was apparent that a majority of the board had determined it was going to pass the law along and she was uncomfortable with that. Councilwoman Hunter thought that there were questions the board needed to look at collectively. She did not see that that was being done as a board . The board was referring to its committee structure and she thought that this was not the project to stand on the recommendations of the committee structure and not question it. She did not . necessarily think there was anything wrong with the proposal , but thought the board needed to think about the project before it was handed over to the Planning Board , Councilman DePaolo followed up with the comment that it has been his experience that the Planning Board is very thorough in its review. He agreed the project warranted a lot of scrutiny, however, he did not think the Town Board could take on a project of this magnitude effectively and was comfortable in recommending the law to the Planning Board with the understanding Page 19 of 32 Final that the Town Board could still make substantive changes throughout the process . He said that he wants to hear what the Planning Board has to say. Councilwoman Hunter added that she also wants to hear from the public. Councilwoman Leary stated that that was the process . It would be too abrupt if the board intended on passing the proposed local law when members were only seeing it for the first time . She added that the public has seen the proposed project before because they have held at least one preliminary meeting with neighbors in the area and they were fairly positive about it . The project has proceeded very carefully and slowly. Councilwoman Leary explained the reason the Town usually rezones a property is to give a developer more density than they would have by right . If a developer does not get more density, there would be no reason to go through the rezoning process ; they could just build one- acre lots . It is part of the concession the Town makes for the unique environmental and other aspects the Town wants . She stated that this is a project that includes mixed uses; it's a project that the board has been talking about and the type of project they want . She added that if the property was not rezoned the developer could still build 300 individual units , which is a still a large number of units . Councilman Levine agreed that it was a big project not to be taken lightly, but he thought the board needed to approach it with an open mind and the best way to do that would be to vet it through a body that was more qualified than the Town Board to review it . He was inclined to vote for the proposed resolution for that purpose . Councilman Levine looked at the present (draft) law as a piece of clay waiting to be molded into something really great. Councilwoman Hunter asked how the number of units was arrived upon . Ms . Brock explained that during the SEQR process , if there is an environmental impact statement the heart of the EIS is the alternatives section . One of the things that will be Iooked ' at during that process is alternative numbers of units , types of units , and layout of units. She expects that different numbers of units would be examined during the EIS . The Planning Board will make its findings , but the Town Board will have to makes its own independent findings . The Town Board findings do not have to be the same as the Planning Board , but they do have to rely upon and be consistent with the information in the EIS . The ultimate decision to rezone a property is a legislative determination , solely at the discretion of the Town Board . Councilman Stein did not understand the findings process and he could not recall the Town Board making its own findings on a project since he has been on the board . Ms . Brock explained that it is a legal requirement for the Town Board to make its own findings . The board is not permitted to make its final decision on the rezoning until the findings have been adopted . The Town Board has to be an involved agency to make findings , so Ms . Brock thought that perhaps in the past the Town was not an involved agency. She explained that Town staff typically prepares a draft set of findings for the Town Board . The board would not draft the findings at a meeting , rather a document will be provided for the board to . work from . Mr. Kanter added that Councilman Stein may not have seen a findings document because the only environmental impact statement he can remember being done on a similar project was EcoVillage , which was well before Councilman Stein was on the Town Board . He added that the rezoning of the Conifer Village Senior Living rezoning was not done through an environmental impact statement and therefore there were no findings . The Planning Board was the lead agency at that time at the request of the Town Board . They went through a rigorous environmental review process , but not an environmental impact statement . Page 20 of 32 Final Councilman Stein and Mr. Kanter discussed recent projects that did not need a full environmental impact statement. With no further discussion on the motion , Supervisor Engman called for a vote . TB RESOLUTION NO, 2008- 185: Refer Proposal for Carrowmoor Planned Development Zone (PDZ) to Planning Board for a Recommendation WHEREAS, John Rancich, Owner/Developer, has submitted a proposal to the Town Board to develop 159 +/- acres off of Mecklenburg Road as a planned, sustainable community, and WHEREAS, the overall concept plan includes the possible development of 400 ± residential condominium units, a community center complex, up to 36, 000 square feet of neighborhood oriented commercial uses, up to 32 living units in an elderly residential building, a child care center, and other mixed-use development, and WHEREAS, the developer has requested that the Town Board consider creating a new Planned Development Zone (PDZ) to allow the proposed mixed-use development on lands that are currently zoned Agricultural and Medium Density Residential, and WHEREAS, the Town Board appointed a sub-committee to draft a local law to authorize such a PDZ, and the sub-committee has met over the past year with the developer to draft said local law, and WHEREAS, the draft local law was reviewed by the Planning Committee at its August 18, 2008 meeting, and the Planning Committee supported the concept of the draft local law, and the Planning Committee is forwarding the draft local law (dated September 3, 2008) to the Town Board for further consideration, and WHEREAS, the proposed rezoning to PDZ and development of 400 ± residential condominium units, a community center complex, up to 36, 000 square feet of neighborhood oriented commercial uses, and other mixed-use development is classified as a Type I action pursuant to 6 NYCRR Part 617 (SEQR) and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review, now therefore be it RESOLVED that the Town Board of the Town of Ithaca hereby refers the Carrowmoor proposal to rezone property off Mecklenburg Road from Agricultural and Medium Density Residential Zones to a new Planned Development Zone (PDZ) in conjunction with their development proposal as described above to the Planning Board for their recommendation, and be it further RESOLVED that the Town Board hereby requests that the Planning Board act as lead agency for purposes of coordinating the environmental review of the project pursuant to 6 NYCRR Part 617 (SEQR) and the Chapter 148 of the Town of Ithaca Code. MOVED: Supervisor Engman SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Page 21 of 32 Final Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, nay Councilman DePaolo, aye The motion was carried 6 to 1 . Agenda Item No. 20 - Consider authorization to request a speed limit reduction on Slaterville Road Councilman Stein moved and Councilwoman Leary seconded the proposed resolution. Councilman Goodman wondered if the resolution should specifically define where the speed zone begins and starts . Mr. Noteboom suggested that the last line of the resolution state, " . . . a speed limit on Slaterville Road , starting at the City of Ithaca and Town of Ithaca line proceeding beyond Pine Tree Road " . Councilwoman Leary suggested a change to the last whereas making the last sentence read , "lowered from 45 MPH to 35 MPH ; now therefore be it". TB RESOLUTION NO, 2008- 186: Petition to Lower Speed Limit on Slaterville Road (Route 79 East) WHEREAS, the Town of Ithaca has received a petition (attached) from the residents in the area of Slaterville Road (Route 79 East) to lower the speed limit; and, WHEREAS, the request was sent to the Town Board of the Town of Ithaca for its review, and the Town Board requested its Public Works Committee review this petition; and, WHEREAS, as the petition states there are many motor vehicles, bicycles, and pedestrians using Slaterville Road in the Town of Ithaca; and, WHEREAS, the alignment of both Pine Tree Road and Honness Lane to Slaterville Road are not at right angles and have bad sight distances; and, WHEREAS, the Town of Ithaca 's Transportation Plan specifically mentions the high number of accidents at the intersections of Honness Lane and Slaterville Road, and Pine Tree Road and Slaterville Road; and, WHEREAS, the shoulders of the road narrow on the approach to the City of Ithaca line making the road hazardous for pedestrians and bicyclists; and, WHEREAS, the current short transition distance from the 45 MPH speed limit in the Town to the 30 MPH speed limit in the City presents a safety hazard to pedestrians and bicyclists using the road in the more densely settled City; and, WHEREAS, the Public Works Committee agreed with the petition that the speed limit on the section of Slaterville Road in the Town of Ithaca to the City of Ithaca line should be lowered from 45 MPH to 35 MPH, and now therefore be it, Page 22 of 32 Final RESOLVED, the governing . Town Board of the Town of Ithaca does hereby request that Tompkins County forward to New York State Department of Transportation Traffic Safety Division the Town's request to establish a speed limit on Slaterville Road starting at the City of Ithaca and Town of Ithaca line proceeding beyond Pine Tree Road' MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The motion passed unanimously. Agenda Item No. 21 - Consider recognition of Diane Jayne' s years of service to the community Councilwoman Hunter moved and Councilman Levine seconded . TB RESOLUTION NO . 2008- 187 IN RECOGNITION OF DIANE JAYNE ' S YEARS OF SERVICE TO THE COMMUNITY WHEREAS, Diane Jayne began her service to the Town of Ithaca as an appointed member of the Joint Youth Commission; and WHEREAS, Diane served on the Joint Youth Commission from January 1998 through August 31 , 2008, and WHEREAS, the Town of Ithaca has greatly benefited from Diane 's thoughtful consideration, intelligence, time, energy and her desire to serve our community in order to make it a better place to live; and WHEREAS, the Town of Ithaca is appreciative of Diane 's invaluable contributions and years of exemplary service as a Joint Youth Commission member and chairperson; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration and gratitude to Diane Jayne for her distinguished, dedicated and productive service to our community. MOVED: Councilwoman Hunter SECONDED: Councilman Levine Page 23 of 32 Final VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - unanimous Agenda Item No. 21a - Consider recognition of Anne Morrissette's years of service to the community Supervisor Engman announced that Anne Morrissette is retiring as the Director of the Coddington Road Community Center. He would like the Town to recognize her service to the community. Supervisor Engman moved and Councilman DePaolo seconded . TB RESOLUTION NO. 2008- 188 : In Recognition of Anne Morrissette 's Years of Service to the Community WHEREAS, Anne Morrissette began her service to the community and the Town of Ithaca as Director of The Coddington Road Community Center and WHEREAS, Anne has served in that capacity for over twenty-three years providing safe, affordable day care and summer camp activities for thousands of children during her tenure and expanding services and facilities through judicious use of public and private resources and WHEREAS, the Town of Ithaca and its children have greatly benefited from Anne 's thoughtful consideration, intelligence, time, energy and her desire to serve our community in order to make it a better place to live and WHEREAS, the Town of Ithaca is appreciative for Anne's invaluable contributions and years of exemplary service as Director of the Coddington Road Community Center NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration and gratitude to Anne Morrissette for her distinguished, dedicated and productive service to our community. MOVED: Supervisor Engman SECONDED: Councilman DePaolo VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - Unanimous Page 24 of 32 Final Agenda Item No. 22 - Consider support of National RunMalk to Work Day Supervisor Engman introduced the item and explained that the idea came from a conversation he had with Mayor Carolyn Peterson and Legislature Chair Mike Koplinka- Loehr. The intent of the Proclamation is to encourage people to exercise and they are going to try to get media attention to promote people to exercise . Supervisor Engman moved and Councilman Stein seconded the proposed resolution . PROCLAMATION - Regular Town Board Meeting of the Town of Ithaca — September 8, 2008 TB RESOLUTION NO. 2008489 : Reco_gnizin_a Run/Walk to Work Day Whereas in 2006 the Road Runners Club of America (RRCA) founded the National Run to Work Day and Whereas on September 19, 2008 the Road Runners Club of America will launch the 3rd Annual National Run @ Work Day; and Whereas events will be held around the country by RRCA members, supporters and individuals interested in promoting the improved health status of working adults; and Whereas the Ithaca area is home to many organization that support an active, health lifestyle including the Finger Lakes Runners Club, High Noon Athletic Club, Hash House Harriers, Triathlon Club, Finger Lake Cycling Club, Cornell Outdoor Club, Cayuga Trails Club and many fitness centers and Whereas the Town of Ithaca has a priority to provide walkways, sidewalks, bikeways and parks to promote exercise and safe commutes and Whereas, the supervisor of the Town of Ithaca, the mayor of the City of Ithaca, and the chair of the Tompkins County Legislature all are active runners/walkers and believe the latest research that aerobic exercise enhances quality of life and the ability to think clearly RESOLVED that the Town of Ithaca Town Board declares September 19 Run/Walk to/at Work Day and FUTHER RESOLVED that all residents are urged to maintain or increase their physical activity on September 19th and every day. MOVED: Supervisor Engman SECONDED: Councilman Stein Supervisor Engman, aye Councilwoman Leary, aye Councilman DePaolo, aye Councilman Levine, aye Councilman Goodman, aye Councilman Stein, aye Councilwoman Hunter, aye The motion was carried unanimously. Page 25 of 32 Final Agenda Item No. 23 - Consider authorization for the Town Supervisor to sign a memorandum of understanding for fire services with the City of Ithaca through December 31 , 2008 Supervisor Engman explained the current agreement expires at the end of September and negotiations have not been completed . Supervisor Engman moved and Councilman Stein seconded . Ms . Brock clarified that the Memorandum of Understanding passed in March 2008 retroactively extended the fire contract from January 1 , 2008 to September 30 , 2008 . Ms . Brock suggested that item B read , "the fire protection contract entered into between the parties on March 10 , 2003 was by its terms set to expire on December 31 , 2007 and was extended by the parties until September 30 , 2008" . She commented that item C reads so that the contract will remain in force if negotiations go beyond December 31 , 2008 , but item D reads that the contract will expire December 31 , 2008. Ms . Brock suggested item C be removed and that D read , " . . . continue in full force and effect ( including payments at the 2007 level ) through December 31 , 2008". Board agreed . Councilwoman Leary expressed her dissatisfaction with the continued extension of the contract when nothing is happening . She hoped that the contract negotiations could be included shortly . Ms . Brock corrected the proposed resolution and suggested that " memorandum of understanding " be changed to " memorandum of agreement" in the title of the resolution. Supervisor Engman called for a vote on the resolution . TB RESOLUTION NO. 2008 - 190: Extension of Fire Memorandum of Agreement with the City of Ithaca WHEREAS negotiations for a new fire contract with the City of Ithaca are ongoing and WHEREAS the current Memorandum of Agreement expires September 30, 2008 be it RESOLVED that the Town of Ithaca Town Board approves the extension of the fire contract with the City of Ithaca until December 31 , 2008 or until a new agreement is established if earlier and FURTHER RESOLVED that the Town of Ithaca Town authorizes the Town Supervisor to sign the memorandum of agreement on behalf of the Town. MOVED: Supervisor Engman SECONDED: Councilman Stein Supervisor Engman, aye Councilman DePaolo, aye Councilman Goodman, aye Councilwoman Hunter, aye Councilwoman Leary, aye Councilman Levine, aye Page 26 of 32 Final Councilman Stein, aye The motion was carried unanimously. Additional Agenda Items — Planning Board Appointments Supervisor Engman informed the board that the Planning Board interview committee held interviews on Friday, September 5 , 2008. The proposed resolution suggests Kevin Talty be appointed to the Planning Board . Supervisor Engman stated that Mr. Talty was previously a full member of the Planning Board and is currently an alternate. Mr. Talty would like to fill out the remainder of Ms . Hoffmann 's term through 2010. Subsequent to Mr. Talty's appointment, the committee is proposing that Jon Bosak be appointed to the alternate position being vacated by Mr. Talty. Supervisor Engman provided the board with Mr. Bosak 's credentials and background . Councilman Levine stated he was on the interview committee and was very impressed with Mr. Bosak . He has a lot of experience working with groups and on boards . Councilman Levine thought he would be a good addition as an alternate while he gets up to speed on the Planning Board 's procedures . Councilwoman Leary clarified that the committee had received a link to Mr. Bosak's resume , but chose not to download it because of its length . Councilwoman Hunter commented that this was the second appointment she was being asked to make without a resume or background information . While she valued the opinions of fellow board members , she thought she should be privy to that information and would like to be given the information in the future . Councilwoman Hunter stated that the item was not on the agenda and as part of the board 's protocol and procedures manual the board was suppose to approve the addition of the item to the agenda . Supervisor Engman did not disagree , however, the interviews were held Friday night and he felt it was important to make the appointment before the next Town Board meeting on October 20 , 2008 . Supervisor Engman moved to appoint Kevin Talty to the Planning Board . Councilman Levine seconded . Councilman Goodman asked if there were other candidates . Supervisor Engman responded that there was another candidate , but the committee thought it would be appropriate to appoint him to an alternate position . It would give him a chance to learn about the Town and to gain more experience . Supervisor Engman thought that he would be able to contribute greatly to the Comprehensive Plan Committee . Councilman Stein moved that the board go into - Executive Session to discuss the appointment of a particular person . Councilman DePaolo seconded . The board entered Executive Session at 8 : 45 p . m . The board returned to regular session at 9 : 00 p . m . Supervisor Engman called for a vote on motion appointing Kevin Talty to the Planning Board . Page 27 of 32 Final TB RESOLUTION NO. 2008= 191 : Appointment of Planning Board Member BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kevin Talty of 115 Lexinqton Drive, Ithaca, NY to serve on the Planning Board fora term beginning September 8, 2008 and ending December 31 , 2010, due to the resignation of Eva Hoffman. MOVED: Supervisor Engman SECONDED: Councilman Levine VOTE: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, nay Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, nay Councilman DePaolo, nay The motion passed 4 to 3 in favor. Councilman Stein moved appointment of Jon Bosak as Planning Board alternate . Councilman Levine seconded . TB RESOLUTION NO. - 2008= 192 APPOINTMENT OF ALTERNATE PLANNING BOARD MEMBER BE IT RESOLVED, that the governing Board of the Town of Ithaca hereby appoints Jon Bosak of 1448 Trumansburg Road, Ithaca, New York, as the Alternate Planning Board member to fill a term beginning September 8, 2008 and ending December 31, 2008, as this position is a one year term appointment. MOVED: Councilman Stein SECONDED: Councilman Levine Supervisor Engman, aye Councilman DePaolo, aye Councilman Goodman, aye Councilwoman Hunter, abstain Councilwoman Leary, aye Councilman Levine , aye Councilman Stein, aye The motion was carried 6 to 0 with 1 abstention. Point of Order - The board discussed when it was and was not appropriate for a board member to abstain from a vote . According to the protocol and procedures manual , a board member is encouraged to state the reason for his or her abstaining . Page 28 of 32 Final Agenda Item No. 24 - Consider consent agenda Councilman Stein moved and Councilman DePaolo seconded . TB RESOLUTION NO, 2008- 193: Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items: a. Town of Ithaca Minutes of August 11th and August 26th , 2008 b. Town of Ithaca Abstract c. Bolton Point Abstract d. Fall Brush and Leaf Pick-up MOVED: Councilman Stein SECONDED: Councilman DePaolo Supervisor Engman, aye Councilman DePaolo, aye Councilman Goodman, aye Councilwoman Hunter, aye Councilwoman Leary, aye Councilman Levine , aye Councilman Stein, aye The motion was carried unanimously. TB RESOLUTION NO, 2008493a: APPROVE TOWN BOARD MINUTES OF AUGUST 11. 2008 and AUGUST 26, 2008 WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board meeting held on August 11 , 2008 and the Special Town Board meeting held on August 26, 2008 to the 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 meeting held August 11, 2008 and August 26, 2008. TB RESOLUTION NO. 2008- 193b: 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 Page 29 of 32 Final RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. #5698 - #5829 General Fund Town wide 128, 116. 79 General Fund Part Town 7, 263. 92 Highway Fund Part Town 45, 752. 99 Water Fund 61760. 73 Sewer Fund 252, 071 . 90 Trust & Agency 284. 70 Fire Protection Fund 272, 012. 93 Forest Home Lighting District 151 . 43 Glenside Lighting District 59. 04 Renwick Heights Lighting District 82. 57 Eastwood Commons Lighting District 173. 17 Clover Lane Lighting District 20. 80 Winner's Circle Lighting District 61 . 69 Burlei h Drive Lighting District 70. 67 West Haven Road Lighting District 226. 95 Coddin ton Road Lighting District 134. 60 TOTAL 713, 244. 88 TB RESOLUTION NO, 2008- 193c: 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 Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 431 - 490 Check Numbers: 11055 — 11114 Operating Fund 62, 878. 97 1998 SCADA Capital Project 2, 887. 80 2003 East Hill Tank Project 271 . 48 Bolton Point Road Project 0 TOTAL 66, 038. 25 Page 30 of 32 Final TB RESOLUTION NO. 2008 — 193d: Set Fall Yard Waste Collection Dates WHEREAS, the Public Works Department provides yard refuse disposal services for the Town of Ithaca residents; WHEREAS, twice annually the Public Works Department collects yard waste from roadsides; WHEREAS, this year the Public Works crews will use the leaf vacuums the first week and go around the Town once, thereafter, residents will be allowed to put biodegradable paper bags at curbside on the each Monday in November, now therefore be it; RESOLVED, that fall brush collection will start on October 20, 2008, until finished; and RESOLVED, that the fall leaf and yard waste collection will commence on November 3, 2008, until finished. Agenda Item No. 25 = Report of Town Committees Next COC meeting is Wednesday, September 17 , 2008 . The committee will be discussing the lakefront zoning local law. Agenda Item No. 26 = Intermunicipal Organizations Supervisor Engman reported that the TCCOG was still struggling with the potential dog control contract . TCCOG decided at its last meeting to develop a formula based upon human population and enumeration . Towns that recently conducted an enumeration would get full credit for the ratio between the dog and human population . Towns that had not done an enumeration would go between the lowest and highest ratio . Municipalities would have a 20 % increase in cost for each year they do not conduct an enumeration . As vice chair of TCCOG , Supervisor Engman has been asked to draft an agreement with one of the two respondents to the Request for Proposal. He needs to go back to both parties for additional information . Agenda Item No. 27 = Report of Town Officials Attachment #5 Mr. Kanter welcomed Mr. Bates to the management team and told the board members that he and his staff were getting Mr. Bates up to speed with everything . Supervisor Engman reported that Department Heads and the Budget Committee have been working on the 2009 budget saying that at this point it looks as if the Town could get by without a tax rate increase . He did say that there would be a substantial increase in the tax levy ( approximately 15 % ), due to 100 % assessment level . Councilman Levine added that the percentage cannot be looked at in a vacuum and gave the example that a house assessed for $200 , 000 would see an increase of $30 . Councilwoman Leary explained that the budget also includes a responsible reserve fund . Councilman Stein asked how much expenses were increasing and Supervisor Engman was not sure . Agenda Item No. 29 = Consider Adjournment Upon motion , Supervisor Engman adjourned the meeting at 9 : 22 p . m . Page 31 of 32 Final R espectf y Submitted , Karen M . Billings Town Clerk Page 32 of 32 Attachment # 1 TB September 8 , 2008 �octar : x2 s . /Po 14,07.vows1, C lxj 1gg06.Z'SS T c5�'�ecz .4 SAIVVIVCZ 9e� ,4Z✓Eir/u.Z. A4004<7S 4A4C ,o.QCVljb � do�O J,Qc- ez= /A�(llitJ Ili- 6,�RUY.7C� �d/��v'� SI� Q ��Y/� 4/��� Tlf� � bG9 0��-��.,� !!ft/G. c�i/DG'.r� /�.2O�os!s�� �rJ.4,$ �'��iy/T%��} � Tim'Cl��✓ 2ecZ1 LIe Al Aoo. 5, Atio �,v ,�oo�r©,v� zdoP r .� BUDlfitfL�2c1A4 �j'3t� t jOf-r�.rJT Dicl ' S S1S�i9�e �.Qa .�i �c' ,�,o� _ 1-114 ✓AE A991CId C7vi3.y1T?Ze) //,t ro �✓,r�v� saw �/6�� . - - - - - 4T' 7fjC 577- 77 zw�� lY{vrel 6 AJ %fC L'r�t.4 c� �/2C . Q�j�.�,�T�� � ��> wiL � fir� .fix l�•cr� �.v !N!/s .� r�a� j�G NC. .�/ Attachment # 2 A -19 1 s Town Board September , PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM : MICHAEL SMITH , ENVIRONMENTAL PLANNERgy DATE : SEPTEMBER 2 , 2008 RE : FARMLAND PROTECTION IMPLEMENTATION GRANT APPLICATIONS — CUMMINS & JACKMAN Attached are materials related to the Town applying for funding through the State Farmland Protection Implementation Grants Program. The New York State Department of Agriculture and Markets has recently released a request for proposals to help protect farmland through the purchase of development rights, with the applications being due September 15 , 2008 (see attached Request for Proposals) . The Town has received applications from Steve Cummins (Indian Creek Farm) and Robert Jackman (vineyard) expressing interest in the Town ' s purchase of development rights program, and they are both willing to participate in the State grant program. The properties are located adjacent to each other on Trumansburg Road and consist of approximately 111 . 5 acres in total (see attached aerial photo) . The Indian Creek Farm consists of u-pick fruit and vegetables, a roadside market, and nursery sales . The Jackman vineyard operation was started in 2006 with the goal of developing a Riesling vineyard and winery with portions of the property being used for other specialty crops (apricots, nut trees, hybrid grapes, etc. ) . Both properties are located within the Town ' s target area for obtaining agricultural conservation easements and are within the Tompkins County Agricultural District No . 2 . The Tompkins County Agriculture and Farmland Protection Board has reviewed the preliminary applications for these properties and are expected to prepare an endorsement letter to be part of the Town ' s application. Included is a draft resolution for the Boards consideration authorizing the Town to apply for funding for these properties and to commit up to $ 140, 195 . 50 as the local share (25 % local share required) . The Town ' s Open Space Fund currently has $462 ,000 +/- (as of 7/31 /08 ) available for such use. Completed budget forms (Form B . 1 ) for each property from the State application are also included for your information. The conservation easement values being used are only estimates at this point and are not based on current appraisals . Formal appraisals would occur if the Town is awarded funding for either of these properties . The Town ' s Planning Committee met on March 13 , 2008 to discuss these two parcels and the potential of submitting applications as part of the next round of funding. As stated in the Committee ' s meeting summary, "The Committee agreed that the Planning Department should move ahead with the preliminary work on pursuing agricultural conservation easements for these properties, and that if it looks like a grant application for State funding 1. i is viable, then the grant application should go to the Town Board for authorization. " The Town Board may wish to discuss the possibility of pursuing conservation easements on one or both of these properties in the future if funding is not awarded by the State. Please contact me at 273 - 1747 or email me at msmithgtown. ithaca. ny. u's if you have any questions prior to the meeting. Regular Meeting of the Ithaca Town Board September 8, 2008 TB RESOLUTION NO. 2008M - Authorization to Apply to New York State for Funding through the Farmland Protection Implementation Grants Program WHEREAS, the Town Board has adopted a Park, Recreation and Open Space Plan (December 1997) , and said plan identifies the preservation of farmland as an important priority for the Town, and WHEREAS , the Park, Recreation and Open Space Plan proposes a voluntary Purchase of Development Rights (PDR) program to further the goal of preserving farmland, and the Town Board is actively pursuing the implementation of such a program, and WHEREAS , the Town Board has adopted a Policies and Procedures Manual (July 12 , 1999, updated March 13 , 2006 and January 7, 2008 ) with specific guidelines and criteria for implementation of the Agricultural Land Preservation Program, and WHEREAS , the New York State Department of Agriculture and Markets has announced the availability of funding through the Farmland Protection Implementation Grants Program for the protection of viable farmland from development, and WHEREAS , the cost-share ratio for these funds has been established at 75 percent State and 25 percent local , and WHEREAS , the Town has received two applications from farm owners that are interested in participating in the Town ' s PDR program, and WHEREAS , the subject parcels are included within the target area and meets the criteria for the PDR program in the above-referenced Policies and Procedures Manual, and WHEREAS , an estimated range of potential acquisition costs for the agricultural conservation easements total $ 560, 782 . 00 (Cummins is $273 ,632 . 00 and Jackman is $287 , 150 . 00), and WHEREAS , the 25 % local match in funds would be up to $ 140, 195 . 50 (Cummins is $ 68 ,408 . 00 and Jackman is $ 71 , 787 . 50) , and the Town ' s Open Space Reserve contains sufficient funds to cover this local match, and WHEREAS , grant applications are due on September 15 , 2008 , and WHEREAS , the Town of Ithaca Planning Committee met on March 13 , 2008 and recommended that grant applications for these two properties be prepared and submitted by the Town ; THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Ithaca, is hereby authorized to file applications for these two properties for funds from the New York Department of Agriculture and Markets in accordance with the provisions of the Farmland Protection Implementation Grants Program, with a total amount not to exceed $ 560,782 . 00, which requires the commitment of a local share not to exceed $ 140, 195 . 50, 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 for the Agricultural Land Preservation Program , MOVED : SECONDED : VOTE : STATE OF NEW YORK COUNTY OF TOMPKINS) SS : TOWN OF ITHACA . I, Town Clerk/Deputy Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town Board of the Town of Ithaca at a regular meeting on the day of 2008 . Town Clerk/Deputy Town Clerk Date .y A, r'' a STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1013 Airline Drive, Albany, New York 12235 David A. Paterson 518-457-8876 Fax 518-457-3087 Patrick Hooker Governor www.agmkt.state. ny.us Commissioner June 6 , 2008 To : . Agricultural and Farmland Protection Board Chairs County Legislative Clerks County Planners Cornell Cooperative Extension Agents Town Supervisors Other Interested Parties Re : Request for Proposals for Farmland Protection Implementation Projects I am pleased to announce the availability of the Request for Proposals ( RFP ) to solicit State assistance payments for Farmland Protection Implementation Projects . . Eligible applicants include counties with State approved agricultural and farmland protection plans and other municipalities that have adopted a local farmland protection plan . Municipalities must include a current letter from their . county agricultural and farmland protection board endorsing the proposed project for which State cost-share funding is requested . The cost-share ratio has been established at a maximum of 75 percent State and 25 percent local . NOTE : Due to recent changes in the 2008 Farm Bill , the Department may allow Federal Farmland Protection Program ( FPP) funds as a local match . The Department will not make a final decision regarding the use of FPP funds as a local match until the program details are finalized through the Federal administrative rulemaking process . In the event the new FPP rules are not compatible with this program , successful applicants who planned on using FP.P funds as a local match will be obligated to provide the requisite local match from an alternate funding source . Applicants who intend .to apply for and use FPP funds as a local match should they be available , must list a local funding source other than FPP funds on their budget forms and supply the required commitments in the application . Applicants should indicate their intent to use FPP funds as a local match , should this option become available , on the. budget form (s) submitted with their proposal . June 6 , 2008 Page 2 The proposals must be received ( not postmarked ) by the Department no later than 4 : 30 p . m . , Monday, September 15 , 2008 . It is the Department' s intention to conduct a visual survey of each project site prior to ranking all proposals . Consequently , proposals should contain enough information to allow Department staff to identify the exact location and approximate boundaries of each property . The RFP ( including all associated application forms) and the Department' s Standard Agricultural Conservation Easement are available for printing from the Department' s website at www. agmkt . state . ny. us under " Funding Opportunities . " In addition , our staff can provide these documents to you via e-mail . To receive any or all of these documents in digital form ; or if you require a printed paper copy of the RFP or . Standard Agricultural Conservation Easement, please contact: David Behm , Farmland Protection Program Manager Division of Agricultural Protection and Development Services NYS Department of Agriculture and Markets 10B Airline Drive Albany , NY 12235 Telephone : 518457-2713 Fax : 518-457-2716 E-mail : david . behm (cDagmkt. state . ny. us Thank you for your interest in farmland protection in New York State . I look . forward to receiving your proposals . Sincerely , fatrick Hooker Commissioner r v Form BA - Budget Summary for FPIG Proposal FY2008-2009 FPIG Proposal Farmland Protection Implementation Projects Involving Conservation Easements ITTENTION: You MUST submit one Form B. 1 - Budget Summary for FPIG Proposal to summarize the overall budget of this proposal and you MUST submit one Component Budget for each property comprising the farm described in this proposal. Please use the appropriate Component Budget form (i. e., Form B.2 for a property whose value of development rights is < $29,000 per acre , or Form B.3 for a property whose value of development rights is >$29, 000 per acre ). Indian Creek Farm (tax parcel 24 .- 1 -25 .21 ) Properties Comprising the Farm in Local this Proposal : Government Applicant: Town of Ithaca Total Acres Proposed for Permanent Protection = 41 .7000 TOTAL COSTS OF PROJECT(S) ASSOCIATED WITH THIS PROPOSAL Total Value of ' $ er aGY�� K °,1� 3 Development Rights $ 265,532 . . { , For each property contained in this proposal, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of each ubject property as reflected on the respective landowner's property tax statement. ransactional Costs Subtotal = $ 6 ,400 In-kind Costs Subtotal = $ 12700 Amount shall not exceed 80% of the local match . TOTAL PROJECT COSTS = $ 273,632 FUNDING SOURCES Local Match Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the sum total of all required local match for this proposal by the time the last disbursement is requested by the applicant for this proposal. Please check this box N applicable, ❑ Applicant intends to use Federal Farmland Protection Program (FPP) funds as a local match . for the project IF the Department permits such use. In the event such funds are not available for use as a local match , the applicant has arranged for alternative source(s) of local matching funds and provided the necessary documentation with this application for such funds . Total Local Matching Funds = 68,408 % of total project costs 25.0% State Funding State shall not contribute more than $29,000 per acre toward the value of Requested State Funding = $ 205 ,224 development rights for any farmland protection implementation project. % of total project costs above 75.0% State Funding % shall be no more than 75.0%. ocal Match % plus State Funding % must equal 100%. Y �1 Form B . 1 - Budget Summary for FPIG Proposal I FY2008-2009 FPIG Proposal Farmland Protection Implementation Projects Involving Conservation Easements tENTION: You MUST submit one Form B. 1 - Budget Summary for FPIG Proposal to summarize the overall budget of this proposal and you MUST submit one Component Budget for each property comprising the farm described in this proposal. Please use the appropriate Component Budget form (i.e., Form B.2 for a property whose value of development rights is < $29, 000 per acre , or Form 8.3 for a property whose value of development rights is >$29,000 per acre ). Jackman Vineyard (tax parcel 24.- 1 -23) Properties Comprising the Farm in Local this Proposal : Government Applicant: Town of Ithaca Total Acres Proposed for Permanent Protection = 69 .8000 TOTAL COSTS OF PROJECT(S) ASSOCIATED WITH THIS PROPOSAL a-eiryst`t� , T NR otal Value of n Development Rights - $ 279,050 fir', ,rlavrag�) $ ' 3 998ij or each property contained in this proposal, the applicant is urged to base this amount upon either an appraisal or the most recent valuation of each bject property as reflected on the respective landowner's property tax statement. ansactional Costs Subtotal = $ . 6 ,400 n-kind Costs Subtotal = $ 1 ,700 Amount shall not exceed 80% of the local match. TOTAL PROJECT COSTS = $ 287,150 FUNDING SOURCES Local Match Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the sum total of all required local match for this proposal by the time the last disbursement is requested by the applicant for this proposal. Please check this box if applicable. ❑ Applicant intends to use Federal Farmland Protection Program (FPP) funds as a local match for the project IF the Department permits such use. In the event such funds are not available for use as a local match , the applicant has arranged for alternative source(s) of local matching funds and provided the necessary documentation with this application for such funds. Total Local Matching Funds = 71 ,787 % of total project costs 25.0% State Funding State shall not contribute more than $29,000 per acre toward the value of Requested State Funding = $ 215,363 development rights for any farmland protection implementation project. % of total project costs above 75 .0% State Funding % shall be no more than 75.0%. ocal Match % plus State Funding % must equal 100%. R" it IN n • e " t ac / ' u♦ t b' r� n ' � 1,' e s .t«s F ZN , -., • . .. C� �1ry c x v ♦ x a " ION -1 It E H " b s� A y * :} # r k u . ♦,''`'ka " .t � `'?ti � 7' l V• J♦�' '� +�nv"3g � @"*-•'b �3 '' '� -s � '♦Ay;' '�' �? '� � t 4 9\ •'.�!. � yp..t IL £ c i dy ~ it $Fad /r ♦ - i I ip -WPt.; ,w�'�Y. S� ''�•.A;, \ , M ,�: _ � rr."`^n` " ♦ t. i` . '1,.'•aaC "a e 4 ♦c{ `e - , A, _ WJ« . IN 7IZI y Jac kmafn �Uineyard. , < " 'M d" • � : , � , " 0 .. .. 1�rt. `�k :y ..y7c � 4 . ,e.• '"reF ' ';° , a5..+ .fikt,� ^t, '`/t7� �i" •"f• �' It II INI n�~ ��'� d'' y.,.fs •.: nl Rj L � V ' It 4 • �Yn \ 1 h'. :. 0 F: # + ' ry' a -, - s Z .. - _ ` �. . ` '° + . -� • f�., x ♦ 1� t . `,fit � Jd i ,. it IIIIII IN s • _ j� �y In %7IF,I It VY y a _ r . - ♦ ' .� 'wa - - ' . • ,a J WWI ; � +r CR• 4S 'yf' `t . nP ' ':�4' 1 ,n., j . . A erc * `.•�' 5 ♦ b �'P.>hiP� �u �i,., M u AN ♦ 4A r v • s • . le� I � ' 4 +yrnnm p n. ,• r�. . yypR. _i nm+a f `d` jyj {t^� y� p It NO c ' f � n + S IN t �y NI, U, It � e _ W. . 9 ; �T MBA .,'L �'� — '� •: ' " . . +gyy+r ri s • ," r'8 w - Try . p R 'A• ZVI 1 }' M "C. x .•F LLL IIq It IN It POD Indian Creek Farm & Vineyard Properties , Feet ° \ .e } tw !Y t ` •'+?s eA•.t r"' , ,q+ .. ? ' � r1„ ON I It 0 125 250 500 , t' r' - ,.y+.y - + ' t Aerial Photo Taken 20074 IN it N Ma Produced April 8, 2008 P P s � � r � • - ' Attachment # 3 D A # �, Town Board September 8 , 2008 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD MONDAY, SEPTEMBER 8, 2008 RESOLUTION NO . 2008— : Approval of Employee Volunteerism Program. WHEREAS , the Personnel Committee and Employee Relations Committee have discussed the Employee Volunteerism Program and recommends having the program become an official program approved by the Town Board ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve of the Employee Volunteerism Program ( see attached ) ; and be it further RESOLVED , the Human Resources Manager is hereby directed to add this program to the Personnel Manual . MOVED : SECONDED : VOTE : Employee Volunteerism Policy Policy applies to : This policy is for all full time or part time permanent employees working at least 30 hours per week . All bargaining unit employees are not eligible at this time . Reason for Policy : The Town appreciates the work of all employees , and wants employees to understand their rights to time away from work for personal , family, community, and other outside needs and obligations . At the same time , it is necessary to place reasonable limits on time away from work to ensure that each individual ' s job responsibilities are properly carried out , and that all employees are treated fairly and consistently in dealing with time away from work . Volunteer Time Policy As a public entity, the Town wants to encourage civic minded community spirit and involvement among its employees . The Town recognizes the desire of employees to take time away from work during regular business hours to serve the community in which they live . Employees are encouraged to become involved in different community based organizations that support programs that enrich the quality of life and opportunities for all citizens , such as but not limited to being an election inspector, serving on a not-for- profit board , or donating time in a classroom . Purpose : To define the procedure to be followed by employees who are interested in getting involved in volunteering time . Procedures : Employees may take paid time away from work , up to 8 hours per year of "other ' time , to serve in organizations or participate in activities that enrich the quality of life of the local community. Time may also be used if the employees as a group wish to do a community based project. Volunteer time should not conflict with the peak work schedule , other work related responsibilities , create need for overtime , or cause conflicts with other employees' schedules . The employee must complete a time off request form and receive approval of the time off prior to taking the time . Blood Donation Leave . NYS law Chapter 578 , requires public and private employers of 20 or more employees to grant employees at least three ( 3 ) hours of unpaid leave in a 12 month period for donating blood or allow its employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the employer, including allowing an employee to participate in a blood drive at the employee' s place of employment . . Purpose : To define the procedure to be followed by employees who are interested in taking time off to donate blood . Procedures : Employees are encouraged to donate blood and participate in the blood donor program . Employees will be paid for time off to donate blood , by using "other ' time twice per year at a maximum -of 4 hours annually. Time off for blood donation must be requested by using a time off request form , and employees may be asked to show proof of attending their appointment. N C Volunteer Firefighter and Emergency Medical Technician Leave Purpose : To define the procedure to be followed by active volunteer firefighters who are called upon to assist with an emergency with .their volunteer fire company before and/or during regular working hours . Leave also includes search and rescue events if paged out as a volunteer firefighter. Eligibility : Employees who are volunteer firefighters and/or emergency medical technicians shall provide annually to the employer written notification signed by the chief ( or assistant) of the volunteer fire department substantiating the employee' s active status as a volunteer. Procedures : Volunteer firefighters and emergency medical technicians affiliated with volunteer fire departments and volunteer ambulances are paid at their regular straight time rate of pay by using "other" time when responding to a pager call for a working fire or emergency call during regular working hours . Employee must call into work as soon as possible or the same as they would for any unscheduled leave from work . Time served at an emergency incident that occurs during the employee ' s regular shift shall be indicated by showing "other" time on their timesheet . Employee shall return to work to finish any remaining time on their shift. If an employee chooses not to return to work they must use Personal , Compensatory or Vacation time ( in that order) for their remaining hours . . If the working fire or emergency occurs during the 8 hours immediately preceding the start of the employee' s shift, the employee will receive "other ' paid time off at their regular rate during the upcoming shift equal to the actual time spent in resolving the emergency or fire . Employees will not receive more time than their regular scheduled work hours for that day . Example : employee at a fire call from 2 am to 6 am ( 4 hours ) , employee can come in 4 hours late that day and mark 4 hours of "other ' time on their time sheet . In each instance that an employee is absent from work due to the employee providing emergency medical or firefighting service , and the employee wishes to use this leave program , the absence must be verified . The employee shall provide the employer with a written statement from the chief (or assistant) of the volunteer fire department stating that the employee responded to an emergency and list the start and end time of that response . Attachment # 4 Town Board September 8P1 GVRED 1 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KANTER, DIRECTOR OF PLANNING RE : CARROWMOOR DEVELOPMENT, MECKLENBURG ROAD — PROPOSAL TO REZONE TO PLANNED DEVELOPMENT ZONE (PDZ) DATE : SEPTEMBER 3 , 2008 The Town Board has been considering a request from John Rancich to create a Planned Development Zone (PDZ) in conjunction with his proposed development, known as " Carrowmoor" . This would involve rezoning of his property from Agricultural and Medium Density Residential to a Planned Development Zone. It is for a mixed residential/commercial development in the form of a "Traditional Neighborhood Development" (TND) , with pedestrian and recreational amenities and some LEED rated buildings. After reviewing a sketch plan for the Carrowmoor development in March 2007 , the Town Board expressed interest in the proposal , and appointed a sub-committee to begin the process of drafting local law for a PDZ. The sub-committee, of Herb En an Susan Brock Jon g e, g I� , , Kanter, and with technical assistance from Dan Walker and Fred Noteboom, met numerous times with the developer since then, and has drafted the enclosed local law (September 3 , 2008 Draft) . The draft local law was reviewed by the Planning Committee at its meeting of August 18 , 2008 , and the Planning Committee supported the concept of the PDZ as outlined in the draft local law, and is forwarding the draft local law to the Town Board for further consideration. [Note: The developer 's attorney has reviewed the draft law and has indicated the desire to further revise the law. Some of the suggested revisions may be considered substantive. Depending on how follow-up conversations proceed between the Carrowmoor attorney and Susan Brock, the Town Supervisor may request that this item be pulled from the September 8'h agenda and be postponed until a later date.] The proposal includes a planned, - sustainable development, consisting of 400 +/- residences in a combination of multi-family townhome and apartment style buildings, four-plex and duplex homes, and various sizes of single-family detached houses, along with a community activity center, up to 36,000 square feet of neighborhood-oriented commercial space, clubhouse and athletic facilities, a community amphitheater, and community gardens . The community will also include recreational and natural areas, water features, and pedestrian amenities . The site is located off of Mecklenburg Road (Route 79) just west of the Linderman Creek Apartments . The rezoning to a PDZ is entirely at the Town Board ' s discretion, under its legislative authority. Article XXI of the Town of Ithaca Zoning Code (Chapter 270) includes the purpose and requirements of a PDZ. Article XXII includes the procedures for the creation of new zones . Summary of Local Law for a PDZ : The draft local law contains a number of important components . Section 2 .A outlines findings (draft at this point) of the Town Board justifying the need for the PDZ, along with the intent of the proposed project. Sections 2 . 1) , E and F list and describe permitted uses in the PDZ. Section 2 .N includes a median income housing provision, in which at least ten percent of the dwelling units in the PDZ will be sold to median income families and individuals . This will be enabled through a Median Income Housing Fund (and additional financial commitment of the Carrowmoor Condominium Association if necessary) to provide financial assistance to qualifying median income families and individuals whose annual incomes range from 90 to 120 percent of the Tompkins County median annual income for their respective household sizes . There was much discussion and focus on creating this median income housing provision, and it is recommended that Town Board members review this section carefully, as it is quite detailed. Sections 2 .P and subsequent sections focus on the review and approval process for the development, infrastructure completion requirements, phasing and related matters . Review Process : If the Town Board is comfortable with the draft local law to create a PDZ, the next step in the formal review and approval process would be to refer the PDZ and development proposal to the Planning Board for a recommendation regarding the proposed rezoning to a PDZ. Because of the complexity of the review process, we have prepared the enclosed "Tentative Outline of Review Process for Proposed Carrowmoor Development" . This has been prepared as much for the benefit of making the developer aware of the detailed review process that will be forthcoming as for the Town Board to be aware of the steps and coordination necessary in the approval process. Environmental Review : The proposed Carrowmoor development and adoption of a PDZ would be "Type I" actions pursuant to the State Environmental Quality Review Act (SEQR) and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review, since the proposal includes the construction of 30 or more residential units and the physical alteration of 10 or more acres of land, as well as being situated within County Agricultural District No . 2 . If the Town Board decides to refer this proposal to the Planning Board for a recommendation, the Town Board should consider whether it wants to be lead agency or whether it wants to request that the Planning Board establish itself as lead agency to coordinate the environmental review for the proposed project . Possible Town of Ithaca actions would include a re-zoning by the . Town Board to a PDZ and site plan and possibly subdivision approval by the Planning Board . As can be seen in the enclosed outline of the review process, there are many steps involved in the review of a proposal of this magnitude. Many of the steps are formal requirements of the SEQR process . In the past, the Town Board has requested the Planning Board to take on lead agency status to coordinate the environmental review of projects of this type for a number of reasons . In this case, the Town Board ' s primary responsibility relates to the adoption of the local law creating the PDZ (i . e. , rezoning) . Much effort has gone into the provisions of the draft local law, which will control the size, type, uses, dimensions and other aspects of the proposed development. This is the first time in our knowledge that a complete, draft local law has been prepared prior to referring the proposal to the Planning Board. The Planning Board has the experience, time and technical abilities to review a project like this . It has also been suggested to the developer that since there is a high likelihood that an Environmental Impact Statement (EIS ) will be required to evaluate potentially significant impacts of this proposal, it would make sense for the developer to agree up front to pursue environmental review through an EIS . Recommended Board Action at September 8`h Meeting: Consider referring PDZ zoning proposal to Planning Board for recommendation. Confirm classification as "Type I" Action pursuant to SEQR, and request that Planning Board be Lead Agency to coordinate the environmental review. Enclosed is a draft resolution for the Board ' s consideration to accomplish the above recommended action. The draft resolution can be revised if the Board decides to vary this recommended strategy. Meanwhile, please let me know if there are any questions prior to the meeting. Att. cc John Rancich Steven Bauman 2 f Tentative Outline of Review Process for Proposed Carrowmoor Development August 18 , 2008 : Town of Ithaca Planning Committee reviewed draft Carrowmoor Local Law for Planned Development Zone (Draft dated July 18 , 2008) and forwarded that draft to Town Board for consideration. [Note: Since then, Carrowmoor attorney and developer have requested several additional revisions to draft Law that may require further review by Committee.] September 8 , 2008 (tentative) : Town Board to consider draft Local Law and consider referral to Planning Board for a recommendation. [Town Board would also consider whether it would take Lead Agency status to coordinate the environmental review pursuant to SEAR (State Environmental Quality Review Act) or request that the Planning Board be Lead Agency.] [Articles XXI and XXII of Chapter 270 of the Town of Ithaca Code (Zoning) include the requirements for Planned Development Zones and Procedures for Creation of New Zones, respectively. Upon referral of a proposed Planned Development Zone to the Planning Board for a recommendation, the procedure requires the submission of a "general site plan, any required Environmental Assessment Forms (EAF), drawings, elevations, or other documents as the Town Planner may reasonably require to allow a full and complete study of the proposal ". Carrowmoor approvals being a " Type I " action as defined in SEAR (6 NYCRR Part 617, Section 617. 4) and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review, the environmental review must be coordinated by a Lead Agency, and a Full EAF Part I would have to be prepared and submitted by the applicant to initiate the SEAR review process. With a project of this magnitude (400 dwelling units, a neighborhood commercial area and other proposed uses), it has already been suggested to the applicant that they acknowledge that the proposal may have a number of potentially significant environmental impacts, and that they agree upfront to pursue the environmental review through an Environmental Impact Statement (EIS). The remainder of this outline assumes that an EIS would be required in conjunction with the review of the general site plan. In this case, the term "general site plan " is synonymous with what the Planning Board considers a id reliminary site plan ", as defined in Chapter 270 Town of Ithaca Code, Section 270- 186. B. and in the Town 's "Preliminary Site Plan Checklist ".] October 7 , 2008 (tentative) : Planning Board reviews sketch plan for proposed Carrowmoor development, in conjunction with draft Local Law for Planned Development Zone. This requires the submission of a Development Review Application Form and relevant application fee, concept plan, narrative description of proposal and other relevant information (to be determined), and Full EAF Part I. [If the Town Board has requested that the Planning Board take Lead Agency responsibility, the Planning Board would notify other potentially involved or interested agencies of the Planning Board 's intent to take Lead Agency status. If' the applicant agrees up front to prepare an EIS as part of the environmental review, the applicant should also submit a letter to that affect in conjunction with the EAF. The following would then occur.] November 4, 2008 (tentative) : Planning Board would establish itself as Lead Agency to coordinate the environmental review of this Type I action(s), issue Positive Declaration of Environmental Significance (Pos . Dec. ), and indicate that a Public Scoping Session be held to obtain comments from the public regarding the scope and content of the Draft EIS . [A public Scoping session is not required, but is normal Planning Board practice and is recommended.] Applicant would then be responsible for preparing and submitting a Draft Scoping Document to the Planning Board for consideration. y (Date to be determined) : Upon receipt of Draft Scoping Document, Planning Board considers accepting draft document as adequate for purposes of holding the Public Scoping Session. If accepted, Planning Board schedules Public Scoping Session for an upcoming meeting. (Date to be determined) : Planning Board holds Public Scoping Session and receives written and verbal comments on the scope and content of the Draft EIS . Applicant prepares and submits revised Scoping Document based on comments received and Planning Board direction. (Date to be determined) : Planning Board considers approval of Final Scoping Document . [Applicant team prepares Draft EIS and submits to Planning Board to consider acceptance of Draft EIS as complete in terms of scope and content (based on Final Scoping Document). A normal practice is for applicant to submit a preliminary version of the Draft EIS to Planning staff for informal review and feedback prior to .formal submission to the Planning Board — this is optional, but recommended.] (Date to be determined) : Upon submission of Draft EIS , Planning Board considers whether to accept Draft EIS as complete for public. review and comment. [This may take several meetings for presentation of contents of document, procedures used to review and analyze potential impacts, and discussion by Board. The Draft EIS submission shall include the complete preliminary site plan (and in this case, subdivision) submission, including relevant application form and ,fees.] The Planning Board has 45 days from date of submission to determine whether Draft EIS is complete and adequate for public review. If Draft EIS is accepted as complete by Planning Board, a Notice of Completion of EIS and Notice of Public Hearing is prepared and circulated by Town . [If the Planning Board determines that the Draft EIS is not complete, the Planning Board shall indicate such determination and the reasons to the applicant. It is then the responsibility for the applicant to revise the Draft EIS accordingly for re-submission to the Planning Board, and the timeframe for such determination begins with the re-submission.] If any revisions are contemplated in the Draft Local Law for the Planned Development Zone, these should be discussed and analyzed in the Draft EIS and discussed with the Town Board prior to including in the draft Local Law. [Note: A public hearing on the Draft EIS is not required, but is normal practice for the Town of Ithaca Planning Board, and is recommended. A public hearing on the Draft EIS would be held simultaneously with the public hearing on preliminary site plan/subdivision.] (Date to be determined) : Planning Board holds public hearing on Draft EIS and preliminary site plan/subdivision, Planning Board accepts written comments on the Draft EIS until at least 10 days after the public hearing. The hearing shall be held not sooner than 15 days and no later than 60 days after the filing of the Notice of Completion of Draft EIS . [Applicant (in consultation with Town) prepares a Final EIS, which contains all of the comments received from the public and involved and interested agencies regarding the Draft EIS and responses to those comments that are determined to be substantive.] (Date to be determined) : Upon submission of Final EIS , Planning Board considers acceptance of Final EIS . The Planning Board has 45 days after the close of the public hearing to prepare, file and publish a Notice of Completion of the Final EIS . [There is then a 10 day minimum period for agency and public review of the Final EIS.J 2 I � [The Town Planning Board prepares its Findings Statement within 30 days after the filing of the completed Final EIS. See 6 NYCRR Part 617, Section 11 for the mandatory elements of a Findings Statement.] (Date to be determined) : Planning Board considers adopting its Findings Statement. Once (but not until) the Findings Statement is adopted, the Planning Board can proceed (often at the same meeting) with consideration of preliminary site plan/subdivision approval and its recommendation to the Town Board regarding the proposed Local Law for the Planned Development Zone (PDZ) . [Town Board prepares its Findings Statement relevant to adoption of the Local Law for the Planned Development Zone for Carrowmoor. It can be based on the Planning Board 's Findings Statement, or it can be drafted according to its own needs.] (Date to be determined) : Town Board considers adopting its Findings Statement. Town Board can also consider scheduling a public hearing to consider adoption of the Local Law for the Planned Development Zone. (Next Town Board meeting) : Town Board holds public hearing on Planned Development Zone and considers adoption of Local Law for PDZ (only after its Findings Statement has been adopted) . [If Local Law is adopted by Town Board, applicant prepares and submits final site plan/subdivision materials (see Final Site Plan Checklist and include any Planning Board conditions of preliminary approval).] (Date to be determined) : Planning Board considers final site plan/subdivision approval . Notes : (1) The Planning Board normally meets the first and third Tuesday of each month. (2) There should be ongoing coordination and communication between the Town Board and Planning Board throughout the review process — That could be a role of the Planning Committee. (3) In addition to standard development application fees (see Development Review Application form), the Town may, pursuant to SEAR, charge fees to cover staff time in reviewing the EIS (starting with the scoping process). (4) The above outline is for informational purposes only, and in no way should be considered as a determination of any kind. (S) The typical minimum timeframe for an EIS process is in the range of 10 to 12 months, including the preparation of the EIS. (6) Other required approvals after completion of site plan/subdivision approval may include, but not necessarily be limited to building permits, SWPPP (Storm Water Pollution Prevention Plan), and other approvals/permits by County, State or Federal agencies. Town of Ithaca Planning Department September 2 , 2008 3 Attachment # 5 Town Board September 8 , 2008 TOWN OF ITHACA Public Works Department Month of August — Board Report September 8, 2008, Meeting Roads: • Roads were surface treated: Trucks from the Towns of Newfield and Ulysses assisted, and we used Tompkins County' s rubber tired roller. • Crosswalks and stop bars were re-painted or re-taped as needed . • Culvert pipes were installed at Southwoods Drive . • Catch basins were cleaned in the Forest Home Drive area. • Shoulders were installed on the roads we paved and on several other roads where shoulders were low or washed out. • Brush was cut around signs and at intersections. • We provided trucking for Cayuga Heights and hydro-seeded several areas for the City of Ithaca. • A section of pavement on Maple Avenue was ground out in preparation to re- pave it the first week in September. The Town of Ulysses assisted with trucks. • Driveways on Eastern Heights Drive were re-paved following culvert replacement. Top soil and reseeding were also done. • Blacktop grindings from Cayuga Heights were hauled back to our facility for stock piling. • The Coy Glen creek inlet was cleaned out for the Department of Environmental Conservation (DEC) . This was last done three years ago. The City of Ithaca assisted with trucks. • Stone dust was added to low spots along the Judd Falls Road walkway. • Fire extinguishers were inspected and inventoried . Weekly storm water inspections were done by the Engineering Technicians . Parks, Trails, and Preserves : ■ Regular grounds maintenance and weekly site inspections were performed . ■ Several trails were mowed by the flail mower to control brush growth along the grass shoulders. ■ A Community Service Project at the Playground in Iacovell Park was done with the assistance of eight Cornell University students and Marnie Kirchgessner. Plantings were weeded, mulch was applied, and tree roots were cut that had surfaced near the swings. ■ Our Summer Youth Corp . completed another productive session on August 14�. This program enhances our efforts in park and trail maintenance through providing much needed labor to take care of many tasks which regular forces doi t have sufficient time to complete. ■ An end of season meeting regarding Cal Ripken League use of Valentino Field was held to review possible improvements for 2009. Water: ♦ Pump stations and water tanks were power washed and paint touched up. ♦ A water main break on Coddington Road was repaired . ♦ Several lawn repairs for previous water main breaks were completed. ♦ T-main and easements were mowed. Sewer: ► I.T.T. Water and Wastewater, USA was here to do preventive maintenance on several sewer pump stations with Joe Hulbert. ► 137 Dig safety New York mark outs were done. ► Sewer jetting to clean mains was done in the Eastern Heights area. ► Weekly sewer pump station checks were done. September Projects 11 Complete hot patching work. 2. Take vehicles and equipment to the municipal auction in Lansing. 3. Continue park and trail maintenance and weekly site inspections. 40 Continue mowing sewer and water easements. 51 Continue sewer jetting and catch basin cleaning. 6. Preparation for the annual Native American Homecoming Festival to be held at Tutelo Park on Saturday, September 20, 2008, from 11 :00 a.m. until 6 00 p . m. 79 Continue weekly storm water inspections. 8 . Hydrant replacements. 90 Re-construction and re-configuration of Pennsylvania and Kendall Avenues intersection. ghk 'r Town_Engineer' s Report for September 8, 2008 Town Board Meeting EARTH FILL PERMITS Enforcement activity is continuing on tax parcels 26 . 4-2, and 26. -4. 3 . The property owner has submitted a plan and application for a driveway and crossing of Williams Glen Creek. The Town Engineer reviewed the plan and asked for additional supporting documentation which has not been provided. Enforcement will proceed with a letter requesting compliance. If the property owner does not respond enforcement may proceed to a court appearance ticket . BOLTON ESTATE SUBDIVISION ROAD CONSTRUCTION The SCLIWC (Bolton Point) is in the process of fulfilling a legal requirement of construction of the road for access to the raw water pump station. The Town Engineer is providing construction management services to the Commission for the project. The Town is being reimbursed by Bolton Point for the costs of the engineering services. WATER PROJECTS Trumansburg Road Water Main Replacement A small retainage is being held until all plantings are fully established and several minor restoration measures are completed. Hanshaw Road Water Main Replacement A small retainage is being held until all plantings are fully established and some hydrant painting is completed. . East Shore Drive Water Main Replacement Preliminary design is underway for the replacement in the Town of Ithaca and a section of water main on East Shore Drive in Lansing. Test Borings have been located and proposals for the drilling have been requested to complete the work this summer. SEWER PROJECTS Joint Interceptor Sewer Projects The Town Engineer is reviewing the 5 year capital plan for interceptor sewers with the City of Ithaca Staff. 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. Work on the project is proceeding. TOWN ENGINEERS REPORT 8/ 11 /2008 STORM WATER MANAGEMENT Northeast Drainage Study The summer engineering interns have completed a large amount of the field work for the Northeast Ithaca Drainage evaluation. This information is being used to develop a plan to help correct the identified drainage problems. Technical assistance will be provided to individual property owners with site specific drainage problems and the Town will also be looking at solutions to drainage problems that impact multiple properties. Implementation of Stormwater Management Laws New York State law requires that Storm Water Pollution Prevention Plans be prepared and implemented under the direction of Licensed Professionals or individuals certified in sediment and erosion control practices. Currently there are 41 active projects that have stormwater management plans and require review and inspections by the engineering staff. On a weekly average over 55 staff hours are required to implement this program effectively. This time includes plan review, field inspections and reports, reviews of reports from consultants required for projects that require a full SWPPP, and correspondence regarding compliance. Currently this work has been spread across the engineering staff with Kristin Taylor, Civil Engineer, being the lead person on this task, with technical assistance from the engineering technicians and interns, and clerical assistance from the Town Clerk' s office. The Town engineer is developing a tracking report for this important function and will be submitting a detailed report to Public Works and then the Town Board regarding administration of this program and how it impacts the Engineering Department work load. DEVELOPMENT REVIEW WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program ( full SWPPP) for the site. The Phase II additional erosion control measures have been installed and are functioning. CONIFER VILLAGE (Linderman Creek Phase 4) Site construction has been completed and the project has been closed. HOLLY CREEK Engineering staff is continuing to monitor the Storm Water Management system (full SWPPP) . The Site has several areas of being out of compliance with the SWPPP and the staff has been working with the owner to bring the project into compliance to allow building permits for lots in the subdivision COUNTRY INN & SUITES Sediment and erosion controls are being monitored for the site. Final restoration and landscaping of the site needs to be completed prior to issuance of the final Certificate of Occupancy. Town Engineer's Report September 8, 2008 Daniel R. Walker Page 2 9/8/2008 TOWN ENGINEERS REPORT 8/ 11 /2008 CORNELL COMBINED POWER AND HEAT PROJECT AND SERVICE YARD IMPROVEMENTS The engineering staff reviewed the stormwater management plan for the project and is monitoring the sediment and erosion control measures . Excavation of the site and installation of temporary retaining walls is underway and foundation work has started. The Gas Main required for supply to the site has been approved by the state Public Service Commission and the Town Engineering Staff is reviewing the SWPPP prior to the start of construction. Construction of the pipeline in the Town of Ithaca will occur in September and October. CORNELL ANIMAL HEALTH DIAGNOSTIC CENTER The engineering staff has reviewed the stormwater management plan for ,the project and is monitoring the sediment and erosion control measures (full SWPPP) . Town Engineers Report September 8, 2008 Daniel R. Walker Page 3 9/8/2008 TOWN CLERK' S MONTHLY REPORT A CE N DA # 27 TOWN OF ITHACA, NEW YORK AUGUST, 2008 TO THE SUPERVISOR: 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 14 MARRIAGE LICENSES NO. 08071 TO 08084 245 .00 1 MISC . COPIES 14 . 10 1 TAX SEARCH 5 .00 4 RETURNED CHECK - CLERK 120 .00 8 MARRIAGE TRANSCRIPT 80 .00 TOTAL TOWN CLERK FEES 464. 10 A1556 1 SPCA CONTRACT 45 .00 TOTAL A1556 45.00 A2544 DOG LICENSES 908 .98 TOTAL A2544 908.98 B2110 4 ZONING BOARD MTG 400 .00 TOTAL B2110 400000 172111 27 BUILDING PERMIT 2,700 . 00 2 BUILDING PERMIT EXTENSIN 187 . 50 3 TEMP CERTIFICATE OCCUP 15525 .00 1 OPERATING PERMIT 100 .00 TOTAL B2111 , 49512.50 TOWN CLERK ' S MONTHLY REPORT AUGUST, 2008 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 11418 . 08 PAID TO SUPERVISOR FOR PART TOWN FUND 45912 . 50 PAID TO COUNTY TREASURER FOR DOG LICENSES 124 . 02 PAID TO AG & MARKETS FOR DOG LICENSES 15 . 00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 315 .00 TOTAL DISBURSEMENTS 69784.60 SEPTEMBER 3 , 2008 SUPERVISOR HERBERT J. ENGMAN 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 f ' ,Il OF IT�9 TOWN OF ITHACA PLANNING DEPARTMENT a 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 = 1821 Jonathan Kanter, - Director of Planning FAX (607) 273-1704 Planning Director ' s Report for September 8 , 2008 Town Board Meeting DEVELOPMENT REVIEW August 5 , 2008 Planning Board Meeting: Ithaca College Remote Parking Project — F-Lot Modification, Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for modifications to the proposed Remote Parking project as part of Phase IA of the Ithaca College Athletics and Events Center project, located on the Ithaca College Campus, Town of Ithaca Tax Parcel No . 41 - 1 -30.2 , Medium Density Residential Zone. The proposed modifications include new plantings in the median island at the Danby Road entrance to the College, relocation of the existing campus directory that is located just south of the new "F" Lot, the addition of a vehicular pull-out along the Danby Road entrance, and a new visitor booth and widened entrance at the "throat" of the "F" Lot extension. Ithaca College, Owner/Applicant; Richard Couture and Peter Trowbridge, Agents . Recommendation to Zoning Board of Appeals Regarding Sign Variances for Proposed Eruv: The Planning Board issued an affirmative recommendation to the Town Board regarding sign variances for the construction of an ERUV (symbolic fence) by the Center for Jewish Living at Cornell University. The construction of the ERUV involves the vertical attachment of lechis (plastic poles) to the side of approximately 75 utility poles in the Town of Ithaca. Utility poles are owned by NYSEG and Verizon. Within the Town of Ithaca the ERUV route is approximately two miles in length and would run along Pleasant Grove Road, Forest Home Drive, Caldwell Road, Dryden Road, Pine Tree Road, and Maple Avenue. Center for Jewish Living at Cornell University, Applicant; Rabbi Jason Leib and Dean Robinson, Agents . August 19 , 2008 Planning Board Meeting: Cayuga Radio Group Radio Facility, Mecklenburg Road : The Planning Board granted a Special Permit for the proposed Cayuga Radio Group Radio Facility located on Mecklenburg Road (NYS Route 79) across from Rachel Carson Way, Town of Ithaca Tax Parcel No . 27- 1 - 14 . 2 , Agricultural Zone. The project involves placing an antenna on a new 35 +/- foot tall wooden pole and installing a 2 ' x 3 ' weatherproof equipment box at the base of the pole for the purpose of providing a 250 watt FM translator to rebroadcast / simulcast the WHCU 870 AM signal to the community for emergency purposes. John Rancich, Owner; Cayuga Radio Group, Applicant; Susan Johnston, President, General Manger, Agent. Little Brook Farm — Equestrian Facility, 340 Warren Road : The Planning Board granted a Special Permit for the continued operation of Little Brook Farms located at 340 Warren Road, Town f Ithaca Planning Di 'rector's Report September 8, ' 2008 Town Board Meeting- Town of Ithaca Tax Parcel No . 68 - 1 -2 , Low Density Residential Zone. The farm operation includes facilities to board and train horses (average of 12 horses/ponies) and to conduct riding lessons (average of 6 lessons per week) . This is a seasonal operation, operating from May through November at 340 Warren Road. This equestrian facility previously operated under a time-limited use variance last granted by the Zoning Board of Appeals in 2001 , expiring in July 2008 . Gary and Donna Duffy, Owners/Applicants . Ithaca College Athletic & Events Center — Phase IA, Ithaca College Campus near Coddington Road Entrance : The Planning Board granted Final Site Plan Approval for the proposed Phase IA of the Ithaca College Athletics and Events Center and issued an affirmative recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for the proposed outdoor scoreboard, located on the eastern side of the Ithaca College campus near the Coddington Road campus entrance, Town of Ithaca Tax Parcel No . ' s 41 - 1 -30 . 2 , 41 - 1 - 11 , 41 - 1 - 12 , 2 , 41 - 1 -24, and 42- 1 -9 . 2 , Medium Density Residential Zone. Phase 1A includes the field house, a rowing facility, weight training facilities, the aquatics center, a landscaped plaza, six outdoor tennis courts, and an all-weather turf field with seating and lighting. This phase will also include new and expanded parking facilities, new roads and walkways, new and expanded stormwater facilities, and new lighting and landscaping throughout the project. The Planning Board also granted approval of a request for a Site Plan modification to the Remote Parking Project, a part of the Phase IA of the Ithaca College Athletics and Events Center project, to modify the previously approved planting schedule. Ithaca College, Owner/Applicant; Richard Couture, Agent. Cornell University Energy Recovery Linac (ERL) - Sketch Plan Review, Pine Tree Road and Dryden Road : The Planning Board reviewed a sketch plan for the proposed Cornell University Energy Recovery Linac (ERL) project located north of the Pine Tree Road and Dryden Road (NYS Route 366) intersection, Town of Ithaca Tax Parcel No . ' s 63 - 1 - 8 : 2 , 63 - 1 - 2 . 2 , 63 - 1 - 12 , 63 - 1 -3 . 1 and 63 - 1 -3 . 3 , Low Density Residential Zone. The proposal involves construction of an underground accelerator tunnel ( 14-foot diameter and 2 km long), a cryogenic facility and associated electric substation (+/- 15 , 000 square foot footprint) , and an extension to the existing Wilson Laboratory (+/- 185 , 000 gross square feet of building space) . 'The project will also involve new stormwater facilities, parking, outdoor lighting, and landscaping. Cornell University, Owner; Steve Beyers, P . E . , Engineering Services Leader, Agent . Reviews for Zoning Board (ZBA) : Seven applications to the Zoning Board were processed since the August report, resulting in four variances granted, two interpretations, and one special approval . August 18 , 2008 ZBA Meeting: ISSUED INTERPRETATION THAT ERUV AND LECHIS ARE NOT SIGNS - APPEAL of the Center for Jewish Living at Cornell University, Appellant, Rabbi Jason Leib and Dean Robinson, Agents, requesting sign variances from or an interpretation of the requirements of Chapter 221 of the Town of Ithaca Code (Town Sign Law) to be permitted to attach lechis (plastic poles) on the side of approximately 75 NYSEG and Verizon-owned utility poles in the Town of Ithaca. The lechis will denote the boundary of an ERUV (symbolic fence) , the route of which will include a two mile loop along Pleasant Grove Road, Forest Home Drive, Caldwell 2 ,/ Town of IthacaPlanning 'Director's Report September 8; 2008, Town Board Meeting' t Road, Dryden Road, Pine Tree Road, and Maple Avenue. The Town of Ithaca Sign Law prohibits off-premise signs and signs on utility poles. GRANTED - APPEAL of Mary Bentley, Owner/Appellant, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60(C) of the Town of Ithaca Code to extend a roof from a recently-converted living space over an existing deck at a residence located at 100 Vera Circle, Town of Ithaca Tax Parcel No . 28 - 1 -34 . 42 , Low Density Residential Zone (LDR) . Town Code requires a 40-foot side yard setback for structures other than garages in the LDR Zone. The appellant received a side yard setback variance from the ZBA on January 28 , 2008 to convert an attached garage into living space with the condition that "there is no further nonconforming construction within the required 40-foot setback" (the original proposal encroached into the 40- foot required side yard setback) . The proposed roof extension further encroaches into the required side yard setback. ISSUED INTERPRETATION THAT RADIO STATION IS PERMITTED USE AND MEETS INTENT OF PLANNED DEVELOPMENT ZONE - APPEAL of the South Hill Business Campus, Owner, Linda Luciano , Appellant, Kristin Gutenberger, Agent, requesting an interpretation of the requirements of Chapter 271 , Section 271 - 13 of the Town of Ithaca Code to be permitted to renovate a suite in the South Hill Business Campus located at 950 Danby Road, Town of Ithaca Tax Parcel No . 39- 1 - 1 . 2 , Planned Development Zone # 12 (PDZ # 12 ) . The proposal includes creating offices and broadcasting studios for the Finger Lakes Radio Group and installing exterior electronic transmission facilities (antennae) on the south side of the office building. The proposed on-air broadcasting use may be considered a recording studio, which is an allowable use in PDZ # 12 . It is not clear if the electronic transmission facilities accessory to the broadcasting uses are permitted. The appellant therefore seeks an interpretation of the allowable uses in PDZ # 12 by the Zoning Board. SPECIAL APPROVAL GRANTED - APPEAL of John Rancich, Owner/Appellant, requesting an extension of a previously granted Special Approval from the requirements of Chapter 270, Section 270-217, to continue a gravel pit mining operation located on the north side of NYS Route 79/Mecklenburg Road, approximately 500 feet west of the intersection of West Haven Road, Town of Ithaca Tax Parcel No . 27- 1 - 14 .2 , Agricultural Zone. The previous Special Approval was granted for a three-year period to coincide with a NYS DEC Mining Permit that was issued. Both the Town of Ithaca Special Approval and the DEC mining Permit will expire on August 31 , 2008 . The appellant requests an extension of the Special Approval for an additional 5 years, to expire on or around August 31 , 2013 . GRANTED - APPEAL of Brian Francis, Agent, Hans Wien, Owner, requesting variances from the requirements of Chapter 270, Article VII, Section 270-47(A) and (C) and possibly Article XXV, Section 270-205 of the Town of Ithaca Code to be permitted to replace a dilapidated garage with a new garage on a property located at 913 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -2 - 7 , Lakefront Residential Zone (LR) . The proposed garage will encroach into the required front yard setback and the required side yard setback on the south side of the property. GRANTED - APPEAL of Cornell University Owner/Appellant, Chris Bordlemay, Agent, requesting an extension of a variance from the requirements of Chapter 225 of the Town of 3 1� Town of Ithaca Planning Director's Report September 8, 2008-Town B oar d.Meeting .: Ithaca Code to be permitted to continue use of an Arthropod Research Facility, located off of Game Farm Road, Town of Ithaca Tax Parcel No . 64- 1 -2 , Planned Development Zone #9 without the installation of a Town required sprinkler system . The New York State Building Code would not otherwise require such an installation . The Zoning Board of Appeals granted a three year time limited sprinkler variance for the proposal on September 19, 2005 that will expire on September 19 , 2008 . The appellant requests an extension of the variance for an additional 3 years, to expire on or around September 19, 2011 . GRANTED - APPEAL of Cornell University, Owner/Appellant, Hal Martin, Agent, requesting a variance from the requirements of Chapter 225 of the Town of Ithaca Code to be permitted to install storage sheds at the Cornell Plant Production Facility, 397 Forest Home Drive, Town of Ithaca Tax Parcel No . 65 - 1 - 5 . 2 , Low Density Residential Zone (LDR) without the installation of a Town required sprinkler system . The New York State Building Code would not otherwise require such an installation. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COQ : The Committee met on August 20, 2008 . At the Town Board ' s request, the Committee discussed additional revisions to the proposed Lakefront Residential Zone amendments, and will discuss elements of mooring regulations at the next meeting. The Committee also forwarded recommendations to the Town Board regarding possible amendments to the noise permit application process, including fees and timeframe for submission. The next COC meeting is scheduled for September 17 , 2008 . Tentative agenda items include further review of proposed Lakefront Residential Zone amendments, continuation of review of the proposed Stream Setback Law, consideration of amendments to the Zoning provisions regarding fence height and setback, and consideration of amendments to Chapter 221 of the Town of Ithaca Code regarding Signs . Planning Committee : The Committee met on August 18 , 2008 to discuss the draft Carrowmoor Planned Development Zone local law and the process for review of the Cornell draft transportation-focused Generic Environmental Impact Statement (t-GEIS ) . The Committee agreed to forward the draft Carrowmoor local law to the Town Board for consideration. The Committee also agreed to work out a schedule for Committee members to attend Planning Board meetings on a rotating basis to keep up with actions before that Board. The next regular meeting of the Committee is scheduled for Thursday, September 11 , 2008 at 4 : 30 p . m. Agenda items will include review of the Conservation Board Scenic View Committee ' s report, "Saving Ithaca' s Views", and possibly follow-up discussion regarding the Forest Home Traffic Calming Plan to determine what else the Town needs to do at this point. Comprehensive Plan Committee : The Committee met on August 28 , 2008 and continued discussion regarding the planned residents ' survey, discussed plans for a public information meeting/open house (Tuesday, September 23 `d, 2008 at 6 : 30 p .m. in Town Hall), and began discussion and review of a draft Vision Statement for the Town . A special sub-committee meeting was scheduled for facilitators and recorders participating in the Open House to meet on 4 r / Town of Ithaca Planning Director 's Report September-$, 2647own Board Meeting w Friday, September 12`h at 4 : 30 p .m . to prepare for the Open House. The next full meeting of the Committee is scheduled for Thursday, September 25 , 2008 at 7 : 00 p .m. Conservation Board: The August meeting was cancelled. The next meeting of the Conservation Board is scheduled for September 4, 2008 , Route 96 Corridor Management Study: The consultants are working on Technical Report # 3 (recommendations), and a meeting of the Steering Committee is tentatively scheduled for Thursday, September 18, 2008 at 9 :00 a.m. (Old Jail Conference Room) at which the consultants will present their recommendations and conclusions. (Technical Report #2, including the development scenarios, traffic analysis, and neighborhood/livability analysis is now available on the County Planning Department website - www.toMpkins-co . org.) A final public information meeting is tentatively scheduled for Tuesday, October 28 , 2008 at 6 : 30 p .m. at the Museum of the Earth to present the findings of the study. West Hill Trail Committee: Several Committee members met on August 19, 2008 to follow up on possible trail corridors and landowner interest. ITCTC Planning Committee : The next meeting of the ITCTC Planning Committee is scheduled for September 16 , 2008 . Development Review Fees : Planning staff has been working with the Operations Committee in reviewing current fees for planning and zoning applications to determine whether they need to be updated. Observations and preliminary recommendations will be discussed with the Committee at the September 18 , 2008 meeting. Cornell t-GEIS : A public information meeting for involved and interested agencies is scheduled for Tuesday, September 9 , 2008 at 3 : 30 p .m. in the Ithaca Town Hall Board Room to discuss the contents of the Cornell transportation-focused Generic Environmental Impact Statement (t- GEIS ) . The Planning Board ' s public hearing on the t-GEIS is scheduled for Tuesday, September 161 2008 at 7 : 15 p .m. 5 Town of Ithaca Code Enforcement Monthly Report 8/1 /08 Until 8/31 /08 Building Permits BP # Date Value Description fee category 8108 8/412008 $30,000 .00 Installation of metrological tower $70.00 business 8110 8/5/2008 $ 10,000 .00 224 square foot rear deck, install new $45.00 additions to french door in existing bearing wall . residential 8109 8/5/2008 $150 , 100.00 Control room alterations $550.00 business 8111 8/5/2008 $659968.00 416 square foot room addition and 648 $200 .00 additions to square foot deck residential 8113 8/5/2008 $34,950 .00 New brick pavers $ 100.00 . business , 8112 8/5/2008 $5509000 .00 Alterations to 3rd floor cardiology $ 1 ,000.00 business 18114 8/6/2008 $ 16,000.00 280 square foot detached single-story $60.00 miscellaneous unheated garage 8116 8/7/2008 $59305.00 Build front deck $45.00 additions to residential 8115 8/7/2008 $ 18,625 .00 480 square foot detached garage $60.00 miscellaneous 8117 8/7/2008 $ 11 ,430.00 Renovate Room 210 $60.00 business 8118 8/7/2008 $ 18,960 .00 Replace exterior wall cover with vinyl $60.00 renovations to siding and replace gutters & permit residential modification to include re-roofing work 8120 8/8/2008 $6 ,300 .00 Extend upper roof to cover lower roof of $45.00 renovations to house residential i 8119 8/8/2008 $170 ,000.00 Alterations to rooms 220 and 311 $550. 00 business i 8121 8/12/2008 $ 10,000.00 Remodel kitchen $45.00 renovations to residential 8122 8/13/2008 $6,485 .00 Replace exterior wall covering $45.00 renovations to . residential I 8123 8/18/2008 . $25,000 .00 Remodel bath and kitchen $70.00 renovations to residential i 8124 8/22/2008 $6 ,000.00 Tx 8' breezeway between house & $45.00 additions to garage residential 8125 8/22/2008 $ 18,000 .00 Remodel kitchen $60 .00 renovations to residential 8128 8/26/2008 $20,000 .00 Second floor bath $60.00 renovations to j residential Tuesday, September 02, 2008 Page 1 a Town of Ithaca Code Enforcement Monthly Report 8/1 /08 Until 8/31 /08 8126 8/26/2008 $ 14,000 .00 4'x8' connecting hallway between $60.00 additions to existing roms residential 8127 8/26/2008 $ 15,000.00 Constructing 605 square foot deck $60.00 additions. to residential 8130 8/28/2008 $5 ,000.00 Re-roof existing house $35.00 renovations to residential 8129 8/28/2008 $84,000.00 Convert Suite 230 into a radio station $200.00 business with 2 exterior broadcast antenna 8131 8/28/2008 $25,000.00 Suite 22 foster Custom Kitchens intall $70.00 business package spray paint booth with glycol fire proectection system Totals $ 1 ,316, 123.00 $31595 .00 Certificates of Occupancy BP # Address Description CO Temp 8095 638 Five Mile Dr Re-roof storage buildung 8/5/2008 ❑ 8096 638 Five Mile Dr Re-roof grounds keepers building 8/5/2008 ❑ 6592 823 Elmira Rd Construct pitched roof over existing flat 8/5/2008 ❑ roof and construct 76 square foot addition 6691 970 Taughannock Blvd Construct bathroom & wall partitions in 8/5/2008 ❑ basement to create additional habitable nrrn i 6815 823 Elmira Rd Construct 480 square foot roof mounted 8/5/2008 ❑ Photovoltaic System 16954 970 Taughannock Blvd Construct 399 sq ft detached garage 8/5/2008 ❑ 6978 302 Tareyton Dr 12' x 16' shed 8/5/2008 ❑ I 7090 11. 1 King Rd W Convert detached garage into home 8/6/2008 ❑ office space 8015 821 B Danby Rd Change use to liquor store from 8/8/2008 laundromat 6263 855 Five Mile Dr Convert old school building to single- 8/8/2008 ❑ I family residence I 8073 123 Warren Rd Erect amateur radio antenna and tower 8/14/2008 ❑ 8037 1 Plantations Rd Interior alterations 8/14/2008 ❑ 8004 110 Gym Rd Interior alterations and refenestration 8/14/2008 ❑ I I j 7020 397 Forest Home Dr Install 8 foot tall fence 8/18/2008 ❑ Tuesday, September 02, 2008 Page 2 OKI Town of Ithaca Code Enforcement Monthly Report 8/1 /08 Until 8/31 /08 7020 320 Caldwell Rd Install 8 foot tall fence 8/18/2008 ❑ 7020 397 Forest Home Dr Install 8 foot tall fence 8/18/2008 ❑ 8002 127 Garden Apt Dr Re-roof existing building 8/19/2008 ❑ 8067 1080 Danby Rd Renovate storefront for mercantile 8/21 /2008 ❑ operation 8055 953 Danby Rd Creation and expansion of parking lots 8122/2008 ❑� 6962 408 Winthrop Dr Residing existing structure 8/25/2008 ❑ 7018 242 Pennsylvania Ave New two-family home with 2-bedroom 8/25/2008 ❑ lower unit and 3-bedroom upper level 1 8120 696 Coddington Rd Extend upper roof to cover lower roof of 8/25/2008 ❑ house 8035 131 Snyder Hill Rd Tear off and replace existing siding 8/25/2008 ❑ 8047 107 Park Ln Construct 72-sq ft front deck less than 30- 8/25/2008 ❑ inch above grade 8086 200 King Rd E Remove window & replace with exterior 8/25/2008 ❑ door; new 16 sq ft front deck 7076 1. 23 King Rd E Re-roof garage/office laundry building 8/25/2008 ❑ 7066 302 Old Gorge Rd New single-family home with attached 8/26/2008 ❑ garage 7074 107 Briarwood Dr Remove structural wall and replace with 8/29/2008 ❑ LVL in ceiling i 6965 212 Northview Rd W Remodel Bath and Closet 8/29/2008 ❑ i I 7040 950 Danby Rd Remodel Suite 200 office & 8/29/2008 ❑ manufacturing space used by Goodrich j 6841 154 Kendall Ave 3 bedroom single-family home - no 8/29/2008 ❑ garage Complaints j Date Address Complaint Type Disposition 8/4/2008 )-21 #1F Warren Rd building code Pending I 8/4/2008 651 Five Mile Dr building code Pending I 8/4/2008 111 Kay St building code Pending � _ I 8/7/2008 1507 Slaterville Rd property maintenance Pending 8/11 /2008 3 Sanctuary Dr zoning use Pending I Tuesday, September 02, 2008 Page 3 Town of Ithaca Code Enforcement Monthly Report 8/1 /08 Until 8/31 /08 8/7/2008 693 Coddington Rd water/sewer/septic Other 8/5/2008 138 King Rd E water/sewer/septic Other 8/14/2008 3C Vista Ln fire Other 8/18/2008 259 Troy Rd fill No Violation Found 8/19/2008 151 -8 West Hill Cir building code No Violation Found 8/28/2008 101 Alison Dr building code Abated Existing Building CO Date CO Type 8/8/2008 7253 four units Field Visits Building Code . 103 Complaint/Investigation 7 Fire Safety 2 Fire Emergency 1 Total 113 Tuesday, September 02, 2008 Page 4. ` 0910312008 TOWN OF ITHACA 09 : 11 : 23 B2111 B2111 Transaction Report For the period 08/01 /2008 through 08/31 /2008 Type Date Comment Name Quantity Fee B2111 1 , BP 08/04/2008 41 . 4 -30. 2 IC WILLIAMS HALL 1 60 .00 2 . BP 08/05/2008 72.4 - 12. 2 LINSCOTT, DEAN 1 35 .00 3 . BP 08/05/2008 57.- 1 -8. 12 VALENTINO, CATHY 1 45 .00 4. BP 08/05/2008 49. 4 -23 HEINE, KATHERINE 1 , 45 .00 5 . BP 08/08/2008 52. -2-4 DAVIDSON, DAVID 1 60. 00 6. BP 08/08/2008 66.-2- 11 BRITTAIN, CHARLES AND 1 20.00 HARRIET 7 . BP 08/ 12/2008 25 .-24 ANDREI, LINDA 1 70 .00 8 . BP 08/ 12/2008 45 .4 -20 YAW'S ENVIRONMENTAL 1 45 .00 INC 9 . BP 08/ 12/2008 31 .-5- 1 .3 BELL, MARTHA AND 1 60.00 THOMAS lO . BP 08/ 12/2008 45.-2- 17. 2 FULLAGAR, SUZANNE 1 10 .00 11 . BP 08/ 13/2008 71 . -7- 13 ALBRECHT, GREG 1 200.00 12 . BP 08/ 14/2008 23 .4 - 11 . 130 MAXWELL, JUDY 1 35 . 00 13 . BP 08/ 15/2008 52.-2-4 DAVIDSON, DAVID 1 60 .00 14. BP 08/ 18/2008 29-6- 18. 2 . PAZ, JOHN 1 35 .00 15 . BP 08/ 19/2008 70.-9- 16 SANTELLI, FRANK 1 35 .00 6. BP 08/20/2008 72.- 1 -8. 1 LUCENTE, STEPHEN 1 25 .00 . BP 08/21 /2008 72.44 . 159 SERLING, JODI 1 45 .00 . BP 08%21 /2008 46.4 - 15 . 35 HERITAGE PARK 1 550.00 TOWNHOUSE 19 . BP 08/22/2008 63 .4 -8.2 CU - WILSON LAB 1 70.00 20 . BP 08/22/2008 37.- 1 -20. 13 GREGG, DONALD & DEBRA 1 45 .00 21 . BP 08/22/2008 46.- 1 - 15 . 17 CLARK, JIM 1 700.00 22 . BP 08/22/2008 28.- 1 -32. 5 PALASCAK, ANDREW 1 35 .00 23 . BP 08/29/2008 72. - 1 - 1 . 165 UPSCALE REMODELING 1 100 .00 24 . BP 08/29/2008 29. -3-3.4 DANICA CONSTRUCTION 1 200 .00 25 . BP 08/29/2008 37. 4 -20. 101 PARK, RICHARD 1 35 .00 26. BP 08/29/2008 59.-2-20. 12 LEVITAN, LOIS 1 35 .00 27 . BP 08/29/2008 66.-4-20. 1 BOWMAN, CYNTHIA 1 45 .00 27 29700.00 28 . BPE 08/07/2008 19-2- 16 MOORE. MICHAEL 1 50 .00 29 . BPE 08/ 15/2008 36.-2-3 . 22 WESTVIEW PARTNERS 1 137 . 50 2 187.50 30. OP 08/ 11 /2008 48 .4 -5 . 1 FARRELL, WILLIAM 1 100.00 1 100.00 31 . TCO 08/07/2008 40. 4-2 TOP SHELF LIQUOR 1 25 .00 32 . TCO 08/ 14/2008 41 . - 1 -30. 2 IC 1 500 . 00_ 33 . TCO 08/22/2008 41 . 4 -30. 2 ITHACA COLLEGE 1 11000. 00 3 1,525.00 Total for B Fund: 33 4951150 Total Sales 33 49512.50 Page: 1 0910312008 TOWN OF ITHACA 09: 10:42 B2110 - B2110 Transaction Report For the period 08/01 /2008 through 08/31 /2008 Type Date Comment Name Quantity Fee B2110 LZBM 08/06/2008 68 . 4 -2 DUFFY, DONNA - LITTLE 1 100.00 BROOK 2 . ZBM 08/ 14/2008 70.40-32 KAN, EDWIN 1 100.00 3 . ZBM 08/25/2008 46.- 1 - 15 . 17 CLARK, JIM 1 100 .00 4. ZBM 08/28/2008 70.40-3 . 10 SCHULENBERG, THOMAS 1 100.00 4 400.00 Total for B Fund: 4., 400.00 Total Sales 4 400.00 Page: .1 i OF 1p TOWN OF ITHACA 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 : Herb Engman , Supervisor Town of Ithaca Peter Stein , Councilperson Pat Leary, Councilperson Tee Ann Hunter, Councilperson Bill Goodman , Councilperson Eric Levine , Councilperson Rich De Paolo Councilperson From : Marnie Kirchgessner, Recreation and Youth Coordinator August , 2008 Activity Report Tonight youth from this year' s Student Work Initiative will receive certificates of appreciation . Although I have worked with 73 youth through the Student Work Initiative Program 31 young people actually participated in subsided positions at 19 sites . Of the other youth , 20 were given assistance locating other employment opportunities and were known to be successful in finding it . Several youth are currently pending placements with some youngsters choosing not to follow through or elect other options . When teens qualify for positions " in the market place" I refer them to any known openings and have several local employers who give preference to my referrals . When a young person is placed I visit them at work at the job site and continue to receive positive feedback from youth , sites and parents . This year several young people learned they weren 't really ready for work because of other commitments and work was work ! Youth are taken on a first come , first served basis with 16 year olds and up with experience screened for market place opportunities . This year 11 of the sites are "first timers" so I 've spent a lot of time visiting , explaining , time cards and labor restrictions for youth . Hopefully this training will be an investment with sites willing to support youth in the future . This program is a particularly good investment in the youth of the community. Young people learn they can make a contribution , develop skills and self awareness with sites benefiting from the placement . Again this year evaluation feedback has been very favorable of the youth and sites . The payroll clerk and I will be developing a first time site check list as this year we had more technical timecard issues than in the past . Every year evaluation tools are utilized to improve the program and its delivery. Both the world of work and the field of education are vastly different from when I was seeking my first job experience so this type of program is critical to the success for many young people with real community benefits . As one young person recently said to me about her placement (where she is being kept on as an ongoing employee ) "This is exactly what I wanted and I ' ve never ever gotten what I wanted before . " Your support for this program has opened an entire new world for her. I thank you for that privilege . r Regular Meeting of the Ithaca Town Board , September 8 , 2008 Human Resources Report for August 2008 Personnel and Employee Relations Committees : The Personnel Committee discussed the Employee Volunteerism policy which is coming to the Town Board at the September meeting . A 4 day work week was discussed along with the current Consumer Price Index percentage . (see notes attached . ) The Employee Relations committee primarily discussed the Best Companies . to Work for in NY employee satisfaction survey. Safety Committee : The committee did not meet in August. Bolton Point: Work has continued with the focus group on the employee satisfaction survey. I have met with the managers and will be meeting with the Personnel Committee . Budget process is in full swing . Wages and benefits have been discussed . A 4 % wage cost of living adjustment has been proposed for the non collective bargaining employees . Training and Development: I have been attending meetings to begin designing the fail Brainteaser programs and the programs for 2009 . Management staff had 2 off site meetings with facilitators . The first was regarding the building blocks for an effective team and communications . The second meeting was to discuss and design a "on-boarding" plan for a new department head . The management group is also pursuing a retreat for the fall to continue the work begun in the first meeting on developing a team . Personnel — Civil Service : Time was spent working on the union negotiations , attending negotiation meetings and developing a cell phone policy. Time was spent on the on-boarding process for the Director of Code Enforcement . A committee meeting for the Planning Board vacancy met and scheduled interviews . Currently there are 3 interested candidates that will be interviewed . Budget worksheets were completed and turned into the Budget Officer. Management group met with the Budget Committee to begin reviewing the budget . Commercial Insurance ( Ithaca Agency — Selective Insurance CompanyZ No new claims to report. Workers ' Compensation ( Public Employers Risk Management Assoc PERMA ) No new claims to report . Health and/or Dental Insurance : I continue to attend the committee meeting of TCCOG on the Health Benefit Consortium . The committee has begun working on possible plans that the consortium can offer. The goal is to make sure employees are provided at least as good if not better plans than what is currently offered . The Indemnity plans have been worked out and are beginning working on the PPO plans . There will be many options for employers to choose from . Disability Insurance : Three employees went out in August for medical reasons . One has returned , but will be going back out in September for more surgery. One has returned with some limited duty , and the other will be returning the 2nd week in September. Submitted By: Judith C . Drake , PHR , Human Resources Manager Draft 8/7/08 TOWN OF ITHACA PERSONNEL COMMITTEE Monday, August 4, 2008 3 : 00 - 4 : 30 pm Aurora Conference Room DRAFT NOTES Members present: Herb Engman , Peter Stein , Pat Leary and Tee Ann Hunter Others : Judy Drake 1 . Committee member comments Pat asked whether Herb was an official member of committee and if so should be listed as member in minutes . Herb clarified that he was an official member. Peter said he thought there shouldn 't be a quorum of the board on any committee . 2 . Discuss Civil Service training session Herb received an invitation to a training session being presented by Tompkins County Civil Service for elected officials and staff. Judy will register all 4 members of the committee for the training scheduled for, Tuesday, October 7 1 from 1 -3 pm at the Old Jail . 3 . Discuss Volunteerism Policy Peter questioned the policy in reflection of what was expressed by staff at the ERC meeting and the desire to do a group activity. Peter moved to change policy to be limited to group activities , instead of either or; was voted down . Pat and Herb both agreed that the policy gives employees the option to do something individually or in group . It would be up to the employee which way the 8 hours of time is used . A few edits were suggested : Would like it to read "Town " instead of "Employer, " but understands policy will be considered by Bolton Point personnel committee also. Also change "community founded organizations" to "community based organizations . " Committee agreed to send policy to Town Board in September for consideration . 4. Discuss a 4 day workweek At a PEZ + meeting earlier in this year the idea of a 4 day work week was discussed . Judy explained that the Town does have a Flexible Work Schedule policy that allows for a 4 day work week . The schedule would need to be pre-approved by their supervisor and documented in their personnel file. The committee briefly discussed the idea of switching the facilities to a 4 day work schedule with the facilities being closed otherwise to conserve energy and costs . This was not seen as favorable due to location and number of meetings held throughout the week already. Committee agreed that unless a big push comes from staff, the current hours and days of operation would not change. However, for individual circumstances employees should discuss options with their supervisor. 58 CPI Update The June to June Consumer Price Index ( CPI-W) was passed out as a discussion point. If the formula used from , last year the cost of living adjustment would be 5. 7% . . The worksheets were handed out to alert the committee as to the raise of inflation . There was general. discussion regarding the philosophy of how to deal with cost of living adjustments for the non union group and union group. Committee will need to discuss more at September meeting to prepare for Draft 8/7/08 elected and appointed officials wages for the October budget meeting . No recommendation was made . 6 . Consider Executive Session to discuss the personnel history of a particular employee(s) . ( if needed) Committee moved into executive session to discuss the personnel history of a particular employee (s) and to update committee on collective bargaining negotiations . Next meeting : Wednesday, September 3, 2008, 4 : 45- 6 : 00 pm . J