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HomeMy WebLinkAboutTB Minutes 2009-10-19 or may , Regular Meeting :of. the Ithaca Town Board Monday; October 19, 2009 AGENDA '. I 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of City of Ithaca Common Council 4 . Report of Fire Commissioners — written report only 5 . 5 : 45 p . m . - Persons to be Heard and Board Comments 6 . Consider setting a Public Hearing for the November 9 Town Board meeting to hear public comment regarding a proposed Fire Contract with the City of Ithaca for Fire Protection and Emergency Services for Part of the Town of Ithaca Fire Protection District 7 . 6 : 10 p . m . — Public Hearing to consider public comment regarding a Local Law Amending Notification of Defects Requirements in Chapter 188 of the Town of Ithaca Code (Liability Protection ) 7 . a Consider adoption 8 . 6 : 15 p . m . — Public Hearing to consider public comment regarding a Local Law Amending a Reference to Town Code Notification of Defects Requirements in Chapter 230 of the Town of Ithaca Code Regarding the Hanshaw Road Walkway 8 . a . Consider adoption 9 . 6 : 20 p . m . - Public Hearing to consider public comment regarding Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of Basement , Grade Plane and Story Above Grade 9 a . Consider adoption 100 Consider Recommendation of Appointment to Board of Fire Commissioners 11 . Consider a request to reduce the speed limit from 40 mph to 30 mph on Westhaven Road between Route 79 and Elm Street 12 . Consider Approval of Southern Cayuga Intermunicipal Water Commission Employee Wages for 2010 13 . Presentation and Discussion of Southern Cayuga Lake Intermunicipal Water Commission 2010 Tentative Budget 14 . Discuss and Consider Acceptance of Southern Cayuga Lake Intermunicipal; Water' Commission 2010 Tentative Budget as 2010 Preliminary Budget 152 Consider setting a Public Hearing for November 5th 2009 at P . M . to hear public comment regarding the adoption of the 2009 Southern Cayuga Lake Intermunicipal Water Commission Budget : y 16 . Consider wage scale for non -bargaining unit staff 172 Consider 2010 Elected Officials' Salaries 18 . Consider Acceptance of the Town of Ithaca 2010 Tentative Budget as the Town of Ithaca 2010 Preliminary Budget 19 . Consider discussion of possible conservation zone for the North East 20 . Consider planning committee recommendations regarding the Route 96 Corridor Management Study 21 . Consider setting a Public Hearing for public comment on the proposed Local Law Amending Fence and Wall Requirements and Adding Related Definitions in Chapter 270 (Zoning) of the Town of Ithaca Code 22 . Consider a resolution authorizing the expenditure of funds for the "permit application fee" associated with the capital improvements planned for East Shore Drive 23 . Discuss possible changes to the conservation zone requirements 24 . Consider SAC Participation of Town Board Members 25 . Consider Approval of Deputy Town Clerks as Signatories on Town Clerk's account 26 . Consider consent agenda a . Town Board Minutes b . Bolton Point Abstract C , Town of Ithaca Abstract 27 . Intermunicipal Organizations 28 . Report of Town Officials 290 Review of Correspondence 304 Consider Adjournment FINAL Regular Meeting of the Ithaca Town ,Board i Monday, October 199 2009 at 5 30ip m ! 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: Debra DeAugistine , Deputy Town Clerk ; Gene Redman , Deputy Highway Superintendent ; Jonathan Kanter, Director of Planning ; Bruce Bates , Director of Code Enforcement ; Judy Drake , Human Resources Manager; Susan Brock, Attorney for the Town Others Present. Call to Order : Supervisor Engman called the meeting to order at 5 : 30 p . m . , and led the assemblage in the pledge of allegiance . Agenda Item No. 3 - Report from City of Ithaca Common Council Mary Tomlin reported on the status of the city budget proceedings . The city is halfway through the process and remaining close to the budget the mayor proposed . The budget is $58 . 6 million . Difficulties always include the amount of tax exempt properties in the city: 61 . 32% of all property values . This puts them with reliance on state aid , sales tax income , and building permits . Building permits are down with Cornell 's decrease in construction . The mayor proposed first hour free in parking garages and waiving the parking ticket fee for a first offense . The total tax levy is 4 . 22% , a rate increase of . 65% over last year. Personnel costs are 69 . 7 percent of the budget . The mayor proposed no layoffs , and not filling some positions . Several positions will remain open and unfunded for the next year, including deputy director of planning and fire chief. She also reported on the water decision . Common Council opted to rebuild the water treatment plant using Six Mile Creek . They appreciate the support they received from the Bolton Point Association and appreciate the cooperation as they continue among Cornell , the City, and Bolton Point . Commons project : ribbon cutting on 300 block of East State Street will ease traffic congestion for those going from East Hill to South Hill . College Town plan : nothing much has been happening in College Town . The council voted to concentrate on fleshing out data having to do with density, lot coverage , and parking . The Committee is working on a new form-based zoning code for College Town . Comprehensive Plan : the City's plan dates from 1971 , and while many of the objectives are similar today, other things are out of date ; for example , rail shipments of bricks and beer to the city. The language of the plan is not up to date language . Ms . Tomlin noted Town Board Minutes : October 19, 2009 Page 2 of 19 that she feels fortunate as a member of their Comprehensive Plan committee1o �. receive . minutes from Town 's Comprehensive Plan Committee . The City is seeking to' hire 'a consultant , and is holding interviews , with the ; hope ; of making a choice in November; they've received 17 submissions . One of the firms interviewed said they'd meet : with towns of Ithaca , Lansing , and the Village of Cayuga Heights to better coordinate efforts . She is grateful for all of the contact she 's had with staff and board members in the Town of Ithaca during her 6 years on common council . Ms . Tomlin served with Peter Stein for more than one year on the joint city-town study group and appreciated his input . She worked with Peter on the special joint committee for the wastewater treatment plant , then briefly with . Bill Goodman , and now Rich , Herb , and Pat . As a soon -to- be constituent of the city, she looks forward to increased municipal cooperation and communication . We share boundaries and common interests and she thinks it's great that we can continue to work together. Councilwoman Leary mentioned that she enjoyed working with Mary , and wanted to confirm that there were no layoffs or pay cuts for city employees . The Journal reported that all city employees will receive an increase of 3 . 5 to 4% . Ms . Tomlin : there are contractual labor agreements—none of the current union contracts end this year, so those are in place . The management gets a somewhat lower increase . Mr. Engman thanked Mary for six years of service , and wished her all the best when she retires from Common Council M Agenda Item No. 4 - Report of Fire Commissioners – written report only (Attachment #t ) Supervisor Engman directed the Board ' s attention to the written report from Bill Gilligan in their packets . He emphasized the need for another fire commissioner because they don 't have a quorum . Agenda Item No. 5 – Persons to Be Heard and Board Comments The supervisor invited persons to speak on issues that are not part of the public hearing . Gentleman [name unstated] : Stated that this is the first time he 's come to a meeting . His comments concern the development in the northeast area . He read an extremely biased article in the Ithaca Times which made it sound like his good friends the Lucentes are ogres , who ignore the environment and were responsible for all kinds of mischief in the northeast area . The gentleman called the Lucentes in Florida , and Mrs . Lucente asked him to come to the meeting to speak . He said that he's in great in sympathy with the people who are experiencing flooding because one of those brooks runs right through his property on Triphammer Road in Cayuga Heights . Before they put in the culverts ; before that , he said they had very scary times with spring melt off . The thing that was Town Board Minutes : October 19, 2009 Page 3 of 19 causing the flooding wasn 't upstream , it was downstream . He wondered if:% rhaybe some of the same stuff that's happening here , Mr. , Lucente is being wrongly. blamed for. : Mr. i Lucente told him that one of the people complaining actually lives in a higher , elevation than his development , so he wonders whether this fellow has found a way to make water run uphill . He concluded with the perception that the Lucentes have not gotten a fair shake . There has not been an effort made to meet them one way. In : his opinion , putting up one house in seven acres is a very poor business proposition ; furthermore , he thinks it would impair the value of the property. If he were in Rocco's position , he would take the Town to court . He thinks it would be unfortunate if it ended up in court , which would cost everyone ' involved a lot of money. He wondered if the parties might all get together and try to find a middle ground that would satisfy Mr. Lucente ' s business requirements and the Town too . Mr. Lucente shares a concern about the environment ; he wants to build an environmentally sound set of houses . The gentleman also finds it amazing that a group that is concerned about property taxes would not want to take some action to grow the tax base in the Town of Ithaca . From the way the Town is acting , the gentleman 's impression is that the Town is anti business and anti development , which the he feels is wrong and repulsive . Mr. Engman recommended a continuation of Person 's to Be Heard . Since there is no public hearing on the issue , anyone wanting to speak about the northeast situation should be heard now. Adrian Williams : spoke regarding rezoning in the northeast area . He urges the Town Board to embrace the recommendation of the Planning Committee to extend the conservation zone to the entire study site in the northeast . The town does have the authority to extend the conservation zone and should in order to protect the habitat in that area . Mr. Williams thought it worth pointing out that LeCain 's preferred option is prioritizing the entire site for conservation . As such , a conservation zone would be a compromise since it will allow some housing to be built there . The LeCain study provided copious data and numerous justifications to support its recommendation . In particular, Mr. Williams thought it worth noting that even low value areas perform important functions in terms of habitat buffers and providing contiguity of woodlands . If development were allowed directly adjacent to high quality ecological areas , those areas would be degraded . Both LeCain and the natural features focus area project put together by the county explain the importance of limiting further fragmentation in the northeast and maintaining connectivity function between Sapsucker Woods and Monkey Run . This connectivity function strongly compels a conservation zoning in the area . The other features include : wooded wetlands and the presence of regionally scarce species . Putting this all together, Mr. Williams feels there 's a strong and compelling case for conservation zoning in the northeast for the entire site , and thought it time for the board to make a decision . He noted that the Town Board has an incredible opportunity to preserve the biodiversity in the Sapsucker Woods area and he urged the board to act to do that . He distributed a memo from NINA ( Northeast Ithaca Neighborhood Association ) to the board (see attachment #2)' Town Board Minutes : October 19, 2009 Page 4 of 19 Susan Riha , 109 Maplewood Dr: Ms . Riha stated that she appreciatedlthe opportunity to talk about drainage and, soils . She prefaced her statement by , saying that this has ts nothing to do with the individual developer, proposing to develop in that area — it' s independent of that. She would have made the same arguments.. no matter who proposed development in the area . She pointed out that from the soils map developed decades ago , it's clear that the soils in this area are some of the most poorly drained soils in the county . Poorly drained for two reasons : one factor is the topography is much flatter in this part of the town compared to other parts of the town . This is due to a change in the underlying bedrock . If you look at the bedrock geology, you ' ll see a transition right there . The second factor is the material from which the soil is formed , which is low in line , and this low-lying glacial tilt tends to be associated with poor soil and a fragipan . It is not a coincidence that this spot , where these two factors come together, historically this area was not good for agriculture and not good for development . The development of Briarwood I and Sanctuary Drive led to increased problems with water in adjacent areas downslope . Ms . Riha dies not think this is a conscious decision on the part of the developer; that's just how the land is : it's extremely difficult to mitigate this drainage problem . The Town of Ithaca engineering staff reached the conclusion that it would take millions of dollars to address the drainage problems in our area . Very similar problems are being encountered in West Dryden , with many neighbors complaining about the same thing as residents in the northeast , even with housing development there being less dense . This is not only because development requires handling of surface stormwater; this is a problem because there's lots of water at or near the surface and the slopes are not very steep , so water hangs out there . But development also changes the established subsurface drainage pathways in the area and this causes water to flow beneath the surface of the soil along potentially new paths , possibly into already established basements that never had water flowing nearby before , or the water may surface in new spots , possibly where trees are growing that are intolerant to standing water. This is just part of the problem of developing in this type of area . And the subsurface drainage problems will not be addressed by the installation of stormwater retention ponds on the surface . That may help with the stormwater runoff , but in fact such ponds will likely add to the subsurface problems that we ' re suffering . Ms . Riha summed her statement by noting that building more houses in Briarwood II and in similar areas will further exacerbate the current unsolved drainage problems in the northeast area and it may even create new problems for Briarwood I houses . This area is just .too difficult to manage from a water management perspective and a way that can support low and median density housing . She urged the Town Board to consider conservation zoning as a reasonable approach to mitigating both onsite environmental impacts and offsite drainage impacts on adjacent neighbors . Mr. Stein noted that at a meeting a couple weeks ago , an argument made by Mr. Lucente's engineer was that poor drainage is good and good drainage is bad . The argument went something like this : that we 've had severe drainage problems in Eastern heights and the problem there is slope , it has a high slope and as a result you have a lot of erosion . Town Board Minutes : October 19 , 2009 Page 5 of 19 Ms . Riha responded that with steep slope , because water flows under the influence of gravity, there's more energy to move it downhill more quickly, so in fact; you '.do have to think of mitigating stormwater runoff in steeply sloped areas . They + are going to cause erosion problems—water moves quickly, but that's why we put in pipes or baffles and drainage ditches . So that's something that has the potential to be managed . You can slow water down when it's running fast . It's much more difficult for water running slowly to speed up . Marie Harkins , West Haven Road , brought the board 's attention to item #20 on the agenda : the Route 96 corridor study. She would like to encourage the board to conduct a traffic study that would quantify the cumulative effect of all the developments being proposed on West Hill . A big traffic study that looks at how those developments will affect traffic on all the corridors coming down West Hill . She hopes that such a study would help guide development of the Comprehensive Plan when the Town is in the process of updating the Plan . She also commented on Agenda Item No . 11 , considering a request to reduce the speed limit on West Haven Road . She thanked the board for the speed mitigation devices that were put on West Haven Road , and reported that they've been very helpful . She offered the help of residents on West Haven to do whatever is necessary to make a speed limit reduction happen . Supervisor Engman explained that towns do not have the right to set speed limits , so even thought it's a town road , the Town Board has to petition the state to set the speed limit . Councilwoman Hunter stated that the Town Board sends their recommendation to the county and that they refer it to the state . The state tells us that they welcome any information the town can provide , so it would not be a waste of time to contact the highway department to report any anecdotal data the residents might have . Pat [last name inaudible] , resident of West Haven Road , stated that she agrees with Ms . Harkins about a traffic study on West Hill . She asked the Town Board to please involve West Hill residents in the development of the study. She also expressed appreciation for putting up traffic detectors on West Haven Road . Trish Page , 212 Muriel Street , handed out a prepared statement, see attachment #3 . Larry Fabbroni , project engineer for Briarwood II , stated that he came to speak about why a conservation zone should not go .forward at this time . The Town Board has been studying this issue for a long time , and there's been a lot of input . He thought he should summarize the Lucente team 's position as to why --n1 ' - - . -ties involved should work toward a mutually accepted solution.f " `- ' " fation zone . The Lucentes got an approved plan on this proj -,i� �-,- o) mprehensive Plan since 1954 forward , and every land use F prehensive planning , has called for medium density residvY 7 its land , including the comprehensive planning process tha id the land use plan that Town Board Minutes : October 19 , 2009 Page 6 of 19 was established as recently as 2001 . In 2002 the Lucentes 'proposed a 12- lot subdivision in the middle of this property that they thought would be very uncontroversial to; anybody in the neighborhood because it would only be 12 lots in the remaining 48 acres and the rest of the land could be decided some time forward . The staff on the Planning Board insisted that the Lucentes plan for the entire 48 acres . Mr. Fabbroni stated that they went back through several iterations and a lot of conversation with the Lab of Ornithology and came up with a plan that the Planning Board was happy with : the 4&lot plan , giving 25 acres to Lab of Ornithology . They more recently, through these conversations , provided a plan that addresses the Town 's concern about a wildlife corridor--extending all the way to the south and to the east and eventually to Monkey Run --that would reduce that to 30 lots . Mr. Fabbroni thinks that's a very real compromise that accomplishes 85% of the objectives being discussed , and that if we' re always heading to 100% , we' ll never get to the middle and a useful alternative for anybody. What the Town Board has in front of them is the land - use plan the Town has on the books and that the Lucentes followed with the full length of this process . The Town has an open space plan , on the second page , which the Lucente group followed . The third page addresses some of the drainage issues that Mr. Fabbroni talked about between Birchwood and Maplewood and this is the original approved platt that shows that drainage way in the back lot of both Maplewood and Birchwood . Mr. Fabbroni asserted that any changes made to that drainage plan were made by the Town , and any resulting problems on Maplewood the Town should answer to . There's a series of full aereal photographs that show much of the land the Lucentes wanted to develop in the alternative plan as open fields in 1954 , not any kind of woods . They have a consultant plan . Many people have become soil experts through this whole conversation . The next series of pages hopes to bring some facts to discussion and less hyperbole . There 's a fragipan under most of the southern part of Tompkins County. If a fragigan is a limiting factor to development , you ' re all set , there won 't be any more development in the south end of Tompkins County because there' s a fragipan under the entire glacial till that' s in this area . Mr. Fabbroni asserts that the thing that makes this more developable than most parts of town — if you look at the soils map , there's a page in the same soils report that rates this land as good for foundations -- on the third page last column of the report . The two types of soil we' re dealing with are circled out of the same report that has been cited over and over again . Finally the county has on their GIS web page a nice map showing where these soils are in the Town of Ithaca . This happens to be one of the flattest areas where they are , and why he maintains it's one of the easiest places to control erosion and develop , as opposed to other areas like Eastern Heights and other areas on West Hill . The next page shows the12- lot subdivision the Lucentes proposed in 2002 . They've been working on this process since 2002 . It was advertised multiple times as public hearings before that . Finally, the Town has done its due diligence in hiring drainage consultants , who Mr. Fabbroni has met with and thinks that , based on discussions with the Town 's engineers , they've satisfied all those concerns that were raised in that drainage study. They intend to design to 125% of what is required . They've moved the Town Board Minutes : October 19, 2009 Page 7 of 19 ponds away from the back yards sufficiently away .from existing residences and in a location where , .when you get the catastrophic storm , and you* need to understand that when you engineer things , you don 't engineer it for the catastrophe; you engineer for the 100-year storm , typically, as your worst case . Mr. Fabbroni asserts that there will be flash storms that come down the lake , so the Town had better at least think about where that overflow and where that rush of water is going to go when that happens . Mr. Fabbroni pointed out that they positioned these ponds in a way that they' re going to flow into the wetlands . Once the quality treatment is done in the forebay in the pond , it will go into the wetlands . The state also requires an aquatic bench in this last pond , which is shallow. There are two reasons to do that : if somebody young gets up near this four-foot pool of water, the aquatic bench is shallow enough that they ought to have enough warning before they get into deep water. As a practical matter, what happens is the wetlands vegetation takes hold in the aquatic bench because it's only a foot to 6 inches deep and it's roughly six to ten feet wide before you get into the deep pool of water that the state insists be there . The Town hired an environmental firm that did an extensive inventory of what was on the land . Mr. Lucente team had an environmental firm do the original wetlands which transects through the whole land . Mr. Fabbroni said that if the Board were to look at the wetlands report , they' ll see that basically what the Town did was redundant to what the Lucente team had done in 2003 . They identified plants ; they identified where the wetlands were — every square inch of them . One of the last things in the packet provided by Mr. Fabbroni is the approval from the Army Corps of Engineers as to the delineation of those wetlands . So when people say that the whole 48 acres is wetlands , they are not all wetlands . The wetlands are 8+ acres , as delineated according to all the standards that we have . It's not a state wetlands ; you need to have a contiguous area of 12 . 6 acres to be a state wetland . The Lucente team had an environmental consultant who did a credible study. They went back to this consultant when the Town started to question everything . They asked for a peer review. The firm went and got somebody outside their firm to do a peer review. They hired a second environmental firm to give them a second opinion . Both firms said that the conclusion the Town reached -- that all this land had to be conserved -- was only not justified , but not scientific in terms of the reasons that were given to conserve it all . A lot of this land the Town 's own consultant rated as low to medium value . If you look through these reports , there 's underlying sections in here : Stearns and Wheeler, a very respected upstate firm , who the Town almost hired to do their study. Mr. Fabbroni questioned why the Town hired people affiliated with Bob Wesley and the Lab , and believes that it was hardly unbiased what they came up with . They did a credible , complete inventory , but their conclusions were biased . The Lucente consultant says , in short , the bird species observed on the site were generally species that are common in suburban and rural residential areas interspersed with small wood lots or containing mature trees . Clearing of forested land for development will result in a decrease of available habitat in a localized area ; however, it will not impact the overall diversity of species found in that area , largely thanks to the adjacent Sapsucker Woods sanctuary. Development of the site will also not result in habitat fragmentation , as residential landscape is not an impassible barrier to birds . Thus connective habitat between Sapsucker Woods and Monkey Run would be Town Board Minutes : October 19, 2009 Page 8 of 19 maintained . In addition , development would not yield, new or increased nest parasitism of wood1hrushes by brown - headed cow birds sinceithe two species already co-occur on the site . They were ' heard at four of the same listening posts . Increases in edge habitat have note resulted in increases in cow bird nest parasitism in New York State . And wood thrushes . . . . That was made a big issue in the Town 's report , and the scientists Mr. Lucente consulted said that it was based on a study done in the midwest , not based on studies done in Ithaca . Based on these results , it is difficult how the authors justify recommending a prohibition on development on the entire property. If most of the property contains low or low to moderate quality habitat , the site supports no state or federal listed threatened or endangered species , and the entire site already contains a wide variety of non-native invasive species and cover types that are both state and globally secure , then why not allow a reasonable development . Options 2 and 3 are not much more permissive on the southern and central parcels of the Lucente land . In addition to that , Mr. Fabbroni noted that their consultant , TES , also questioned the scientific conclusions . These studies were done independently -- they did not talk to each other. Mr. Fabbroni said that he has discovered yet a third opinion — again Bob Wesley and Nancy Ogden , who he noted are great volunteers in the community. Nobody can dispute that and they've done great work for the county. The fact that Bob came up with a list of 400 rare plants is his own opinion . That' s a singular opinion -- that a lot of these are rare species -- is based on the fact they may be on the edge of where they' re sustainable in the environment . Mr. Fabbroni noted that their consultant said that the fact that you find a black gumtree — that the Lucente development is not touching , that's in the wetland that they' re proposing to donate — is pretty precarious for a species because other things can happen that will destroy that species since there ' s only one of them in there . But the fact that there ' s only one of them , the consultant suggests that maybe it's not sustainable in Tompkins County because there's a lot of them all over upstate New York. Mr. Fabbroni stated that the essence of what he's saying is that the parties involved haven 't reached the end of the road of discussion . He would like to continue this process of finding a middle ground and an acceptable alternative . He thinks they've presented one to the Town . Mr. Fabbroni mentioned that he asked to go before the Planning Board with a sketch plan , but has had no reaction to that request . He passed some pictures around of the land for those who weren 't able to cross there . Mr. Fabbroni stated that passion , freedom of speech — it's all very good , but a little fact has to back up that freedom of speech when it comes to the people who don 't want this . They talk about the ditches on Salem Drive , they' re all sodded . If there was a torrent of rain coming down there every time it rained , you wouldn 't have sod , mold in the bottom of the ditch . The problem is the Town redirected the flow down Maplewood Drive by what they did up on the corner of Pinewood and Maplewood . The water doesn 't go between Birchwood and Maplewood like it was intended to in the first place . The Town built the dam up at the utility right-of-way, so now when it rains it comes off like a torrent of rain . Mr. Fabbroni noted that the lady at 16 Muriel Street still doesn 't understand that's where the water is coming from . Town Board Minutes : October 19 , 2009 i Page 9 of 19 Mr. Stein stated that he though the statement '. was out of order, and not what the discussion - was about, and constituted an ad hominem , attack Ponk neighbors. I Supervisor Engman responded that the Town Board has, never set any limits . Mr. Fabbroni responded that they are not attacks on neighbors . The way he would phrase it is that people brought up real problems and the Town should suggest real solutions , instead of having them point back at this project as the cause of their problems or the future cause of their problems . Their problems are caused by other factors , which the Town ' s drainage study has, identified . He stated that the Town should go and say to those people that not a drop of water comes from Briarwood I to 16 Muriel Street . Mr. Stein noted that none of that is under discussion at this time . The effort to solve the problems in the Northeast is not directed at Mr. Lucente or these developments . It was recognized that there's a problem ; it was not important exactly what the source was , rather how can the problem be fixed . Mr. Fabbroni responded that if Mr. Stein is saying that's a whole separate issue , then he's happy. But he hasn 't taken it in terms of the discussion that way . He finished up with a statement Mrs . Lucente wanted him to read in her absence . Mrs . Lucente's statement as read by Mr. Fabbroni : Dear Board Member: While discussions about the density of our development and of our land in the Sapsucker Woods region have now been going on for several years, I hope that at today's meeting, common sense will prevail, and Board members look at the real picture and vote for what is fair and right. My husband and I observed how the Cayuga Medical Center on Warren Road, Cornell University at the bird sanctuary, and Ithaca College have been allowed to move wetlands around to suit their needs. Well, at this point in time, we are being told by certain Board members that allowing to move these wetlands was a mistake and therefore in our case, these Board members want to preserve all of our land, including areas that have been established by their consultant as low density areas because there is nothing to preserve except weeds and poison ivy in places. In strongly believe that we are being discriminated against and this entire process has become politicized. Should the political process prevail over what I call "common sense " my husband and I are prepared to put safeguards into place so that nobody will ever benefit from the use of this land, which we rightfully own and for which we pay taxes. Thank you for listening. Sincerely, Waltraud Lucente. Mr. DePaolo asked if Mr. Fabbroni was prepared to elaborate on the last statement from the letter. Mr. Fabbroni answered that if the Town zones conservation , whatever the Lucentes can do legally within the terms of conservation land , can be expected . Town Board Minutes : October 19, 2009 Page 10 of 19 fta DePaolo; stated that it sounded like a punitive .response : Mr.: Fabbroni responded that it could be as simple as a fence around the whole land . Supervisor Engman asked if anyone else wanted to speak to the Board on any subject . Mr. DePaolo noted that the Supreme Court says that freedom of speech does not have to be accompanied by fact . Mr. Fabbroni stated that he agreed , but that at some point the Board should consider fact . Sylvia Wall , 1428 Hanshaw Road , stated that she has lived there for 51 years and wanted to bring a little history and perspective on the situation . They bought the farm house , the original section of which was built in 1837 and Mr. Lucente bought the farm . There were no roads and no development through there . After they moved in Mr. Lucente started to develop the property . He put big ditches along the back end of all the lots that he had laid out and they had to get a lawyer to get Mr. Lucente to move that ditch away from their property because they had not bought a ditch . He did have to move the ditch . He also developed the apartment houses along Sapsucker Woods road , and the place is zoned for two-family and he built them all for four families . The Walls took him to court and the judge said , "oh well , he's got them already built ; let him go ahead and rent them . " Ms . Wall just wanted to say that Mr. Lucente certainly got his value out of the farm . Stephan Wagner asked to correct a couple statements by Mr. Fabbroni . He referred the Board to a couple memoranda they did in the past . In 1965 , the master plan was not an approved project , but just a projection . A lot has happened since then and there is more information that shows it would be wise to proceed carefully. The wildlife corridor the sketch plan is supposed to provide . . . He directed the Board 's attention to the memo they wrote about habitat [ inaudible] and biological corridors . They' re tried to make a conscientious effort think about the issue based on a review of the scientific literature . He disagrees with the claim that 85% of the sketch meets the LeCain 's recommendation . Even the new sketch plan cannot be reconciled with the recommendations of the LeCain Study. As far as the host of environmental claims are concerned , they submitted a memo — a comparative analysis of the LeCain report with the so-called peer reviews commissioned by Mr. Lucente . They try to address the very things Mr. Fabbroni discusses . He would hope that reading that would allow the Board to settle some of the issues . Mr. Wagner wanted to make a brief statement about the sketch plan that Mr. Fabbroni has praised as an environmentally sound compromise to the situation . Mr. Wagner thinks the sketch is an enormous gain over the original proposal . He asserted that one might get the impression that everything the Town Board has done in the last two years was nothing but an elaborate scheme to move the developer to make the concession he did for the current sketch plan . The TB embarked on this issue with the intent of ascertaining whether considerations should be extended to the undeveloped areas . He thinks the current sketch plan would have a serious Town Board Minutes : October 19, 2009 it Page 11 of 19 impact on the environment and implication for Ithie , hydrology : and the overall viability of this . area. To insist on a mathematical perspective and simply: to conclude that 30 .. houses . is , less than 47 or 46 misses the crucial : realization that) this area could not sustain this scope of development . The proposal could be seen as ! a difference of : degree , but only in mathematical terms , but it is certainly a, difference in kind , despite the reduction in units. He encouraged the Board . to consider conservation zoning . He thinks the density the conservation zone would allow would not overtax the area in terms of the environmental impact . Margaret Curry, 8 Muriel Street , wondered what's being done about the water. Every time it rains , she has a pond on her front yard . She wanted to know what the Town is doing about the current water situation . Mr. Stein noted that the Town did an extensive study and established a data base and was convinced that there is indeed a problem . The Town did not try to asses whether it was God or Mr. Lucente who caused the problem . The solution the Town 's engineer arrived at came to about $9 million , which is far too much money for the Town to consider expending . Mr. Stein believes it will be an ongoing effort . Mr. Engman offered that anyone wanting a site visit can contact the Town ; the engineer will then contact the person to set up a date . Candace Cornell , 1456, Hanshaw Road , wanted to remind everyone that the property Mr. Lucente owns is a wetland complex. She wondered whether the Town was considering a conservation zone . Mr. Engman responded that the Board will be talking about the value of a conservation zone , which limits building to one house for every 7 acres . Mr. Stein noted that he thought the conservation zone does allow clustering of those properties . Agenda Item No. 6 - Consider setting a Public Hearing for the November 9 Town Board meeting to hear public comment regarding a proposed Fire Contract with the City of Ithaca for Fire Protection and Emergency Services for Part of the Town of Ithaca Fire Protection District TB RESOLUTION NO . 2009-171 : Set a Public Hearing Regarding a Proposed Fire Contract with the Citv of Ithaca for Fire Protection and Emergency Services for Part of the Town of Ithaca Fire Protection District WHEREAS , the Town of Ithaca , on behalf of the Town Fire Protection District , has negotiated with the City of Ithaca regarding a new fire contract for the provision of fire protection services and emergency services in virtually all of the Town except for the I Town Board Minutes : October 19, 2009 l : Page 12 of 19 Village of Cayuga Heights and the northeast portion of the, Town pursuant to Town . Law § 184 ; and WHEREAS , Town Law § 184 requires a public , ' hearing be held on the proposed contract before the Town Board considers whether to enter into it ; NOW, THEREFORE , 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 9th day of November, 2009 , at 6 : 10 p . m . for the purpose of considering a proposed fire contract with the City of Ithaca for fire protection and emergency services for part of the Town of Ithaca Fire Protection District ; and it is further RESOLVED , that at such time and place all persons interested in the proposed contract may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York, and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing , with said notice to specify the time and place where the hearing will be held and to describe in general terms the proposed contract . MOVED : Councilman Stein SECONDED : Councilwoman Hunter 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. 7 —Public Hearing to consider public comment regarding a Local Law Amending Notification of Defects Requirements in Chapter 188 of the Town of Ithaca Code ( Liability Protection) TB RESOLUTION NO . 2009-172 : Adopting A LOCAL LAW AMENDING NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 188 OF THE TOWN OF ITHACA CODE WHEREAS , New York Town Law § 65-a and New York General Municipal Law § 50-e state that a town is not liable for defects or unsafe conditions , including snow and ice , on its streets , highways , bridges , culverts , sidewalks and crosswalks unless it has received prior written notice of such defect or unsafe condition and has a reasonable opportunity to repair or remove the same after the receipt of such notice , and Town Board Minutes: October 19 , 2009 Page 13 of 19 a . : WHEREAS , . Chapter 188 of the Town . ,of Ithaca . ,Code , , titled : " Notification of Defects ; " I l. . I c : incorporates and supersedes some of the state statutory provisions , dand I WHEREAS , the Town 's insurer, the New York Municipal Insurance Reciprocal ( NYMIR) , 1P ; recommends the Town update Chapter 188 to. ( 1 ) :give the Town all the protections afforded by New York Town Law § 65-a and New York General Municipal Law § 50-e , and (2) add a requirement for the Town Board to receive copies of all notices of defects and unsafe conditions , and WHEREAS , the Town 's Human Resources Manager and Attorney for the Town have drafted a proposed local law to meet NYMIR's recommendations , and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on October 19 , 2009 at 6 : 10 p . m . to hear all interested parties on the proposed local law entitled "A LOCAL LAW AMENDING NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 188 OF THE TOWN OF ITHACA CODE " , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment , " and thus this action is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 188 OF THE TOWN OF ITHACA CODE" , a copy of which is attached hereto and made a part of this resolution , and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . MOVED : Councilman Goodman SECONDED : Councilman Levine Town Board Minutes : October 19 , 2009 Page 14 of 19 VOTE : Supervisor Engman : aye ; . Councilman DePaolo aye ; Councilman Goodman : i + aye ; Councilwoman Hunter: aye ; Councilwoman Leary : aye ; Councilman Levine : : aye ; 1. Louncilman Stein : absent . Motion Carried Agenda Item No. 8 = Public Hearing to consider public comment regarding a Local Law Amending a Reference to Town Code Notification of Defects Requirements in Chapter 230 of the Town of Ithaca Code Regarding the Hanshaw Road Walkway TB RESOLUTION NO. 2009-173 : Resolution Adopting " A LOCAL LAW ADDING A REFERENCE TO TOWN CODE NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 230 OF THE TOWN OF ITHACA CODE REGARDING THE HANSHAW ROAD WALKWAY" WHEREAS , New York Town Law § 65-a and New York General Municipal Law § 50-e state that a town is not liable for defects or unsafe conditions , including snow and ice , on its streets , highways , bridges , culverts , sidewalks and crosswalks unless it has received prior written notice of such defect or unsafe condition and has a reasonable opportunity to repair or remove the same after the receipt of such notice , and WHEREAS , Chapter 188 of the Town of Ithaca Code , titled " Notification of Defects , " incorporates and supersedes some of the state statutory provisions , and WHEREAS , Chapter 230 ("Streets and Sidewalks") , Article III (" Hanshaw Road Walkway") of the Town of Ithaca Code , § 230- 10 , titled "Ownership , maintenance and liability" references New York Town Law § 65-a but does not reference Town Code Chapter 188 in its reference to the notification requirements , and WHEREAS , a proposed local law has been drafted for consideration by the Town Board adding a reference to the Chapter 188 notification requirements , and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on October 19 , 2009 at 6 : 15 p . m . to hear all interested parties on the proposed local law entitled "A LOCAL LAW ADDING A REFERENCE TO TOWN CODE NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 230 OF THE TOWN OF ITHACA CODE REGARDING THE HANSHAW ROAD WALKWAY" , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , it has been Town Board Minutes : October 19, 2009 Page 15 of 19 i determined by the Town Board, that adoption of the proposed local law is a Type II i action because it constitutes: "routine or continuing , agency administration ands ° i , . management , not including new programs or major: reordering of priorities that . may affect the environment, " and thus this action is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW ADDING A ,REFERENCE TO TOWN CODE NOTIFICATION OF DEFECTS REQUIREMENTS IN CHAPTER 230 OF THE TOWN OF ITHACA CODE REGARDING THE HANSHAW ROAD WALKWAY copy of which is attached hereto and made a part of this resolution , and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED : Councilman Goodman SECONDED : Councilman Levine VOTE : Supervisor Engman : aye ; Councilman DePaolo : aye ; Councilman Goodman : aye ; Councilwoman Hunter: aye ; Councilwoman Leary : aye ; Councilman Levine : aye ; Councilman Stein : absent . Motion Carried Agenda Item No. 9 - Public Hearinq to consider public comment regarding Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of Basement, Grade Plane and Story Above Grade AEI &cti met -11- 5 TB RESOLUTION NO. 2009-174a : SEQR : LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITIONS OF BASEMENT, GRADE PLANE AND STORY ABOVE GRADE RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and , therefore , an Environmental Impact Statement will not be required . MOVED : Councilman Goodman 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 carried — unanimous . Town Board Minutes : October 19, 2009 1 . :Page 16 of 19 TB RESOLUTION NO: - ; .2009-174b : Resolution Adopting f`A LOCAL LAWi AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA� CODE REGARDING DEFINITIONS OF BASEMENT, 'GRADE PLANE AND � STORY ' ABOVE . GRADE + WHEREAS , Chapter 270 of the Town of Ithaca Code , titled "Zoning" , Section 270-5 , titled "Definitions" , contains a definition of "basement" that needs to be revised to be consistent with the basement definition in the New York State Uniform Fire Prevention and Building Code , and WHEREAS , related definitions for "grade plane" and "story above grade" need to be added to Chapter 270 to clarify the basement definition , and WHEREAS , at its September 14 , 2009 meeting , the Town Board discussed the Town Code's current basement definition and agreed the Codes and Ordinances Committee should prepare a proposed law revising the basement definition for the Town Board ' s consideration , and WHEREAS , as a result of the Codes and Ordinance ' s discussion at its September 16 , 2009 meeting , a proposed local law has been drafted revising the basement definition and adding related definitions for grade plane and story above grade , and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on October 19 , 2009 to hear all interested parties on the proposed local law entitled " A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEFINITIONS OF BASEMENT, GRADE PLANE AND STORY ABOVE GRADE " , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS , said public hearing was duly held on said date at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law , or any part thereof, and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca , acting as lead agency in an environmental review with respect to adoption of this local law, has on October 19 , 2009 made a negative determination of environmental significance , after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town 's Building and Code Enforcement staff; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF Town Board Minutes : October .19, 2009 Page 17 of 19 ,A ITHACA CODE REGARDING DEFINITIONS 'OF BASEMENT, GRAD,E � PLANE AND STORY ABOVE GRADE"; a copy of which is ' attached khereto and made a, part of this resolution , and it is further I RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . MOVED : Councilman Levine SECONDED : Councilman Stein VOTE : Supervisor Engman , aye ; Councilwoman Leary, aye ; Councilman Stein , aye ; Councilman Goodman , aye ; Councilman Levine , aye ; Councilwoman Hunter, aye ; Councilman DePaolo , aye . Motion carried — unanimous . Agenda Item No. 10 = Consider Recommendation of Appointment to Board of Fire Commissioners TB RESOLUTION NO. 2009-175 : Recommendation of Appointment to Board of Fire Commissioners. WHEREAS , Robert Romanowski 's term on the Ithaca Board of Fire Commissioners as a Town of Ithaca representative expired on June 30 , 2009 ; and WHEREAS , the appointment to the said position is made by the City of Ithaca Common Council based upon a resolution recommending appointment by the Town of Ithaca Town Board ; now, therefore , be it RESOLVED , that the governing Town Board hereby requests and recommends that the City of Ithaca Common Council appoint Harry E . Ellsworth as a Town of Ithaca representative on the Board of Fire Commissioners for a three-year term commencing October 19 , 2009 through June 30 , 2012 . MOVED : Councilman Stein SECONDED : Councilwoman Hunter 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. 11 = Consider a request to reduce the speed limit from 40 mph to 30 mph on Westhaven Road between Route 79 and Elm Street 41 V_ �re5 2 u 1 Town Board Minutes : October 19, 2009 Page 18 of 19 TB RESOLUTION NO . 2009-176 : Petition lo Lower Speed 'Limit on Westhaven Road between ;. Route 79 and Elm Street . . . WHEREAS , the :Town of Ithaca has received a petition (attached ) from the residents in the area of Westhaven Road to lower the speed limit from 40 mph to 30 mph ; and , WHEREAS , as the petition , states that there is a significant dangerous blind spot on a steep incline about halfway up the road ; and , WHEREAS , the road has a significant grade , which increases the stopping distance , making the road especially dangerous when conditions are wet , icy, or snowy; and , WHEREAS , heavy traffic during the morning and evening commute can be a threat to those not in vehicles ; and , WHEREAS , vehicle speeding is a problem , especially in the morning and evening when neighborhood residents walk or bike along the road ; and , WHEREAS , the road has limited shoulders , and in some places , no safe off- road walking space ; and , WHEREAS the road receives very high use from area residents of all ages , including very young children , and many use it regularly for walking , cycling , running , dog-walking and pushing their babies in strollers . It can be difficult to move off the road quickly enough to avoid the higher speed traffic ; and , WHEREAS , since there have been serious accidents (fatalities) and near-miss accidents at the intersection of Westhaven , Coy Glen , and Elm Street , reducing the speed limit would help mitigate this problem ; and , WHEREAS , the large number of deer crossing both on Westhaven and Elm Street are a significant hazard and many have hit deer on these streets; now therefore be it , 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 reduce the speed limit to 30 mph on Westhaven Road between Route 79 and Elm Street , MOVED : Councilwoman Hunter 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 Town Board Minutes : October 19, 2009 1 Page 19 of 19 Agenda Item. . No�., 112 , ,Consider Approval of Southee�ri : , Ca'yugal; -lntermunicipal Water Commission Employee Wages for 20110 r� q TB RESOLUTION NO . 2009-177 : Approval of Southern Cayuga Lake Intermunicipal Water Commission Employee Wages for 2010. WHEREAS , the governing Town Board of the Town of Ithaca has reviewed the proposed wages for Southern Cayuga Lake Intermunicipal Water Commission 's (Commission) employees for the year 2010 (see attached) ; and WHEREAS , the said wages have been approved by the Commission at their October 8 , 2009 meeting ; Now, therefore , be it RESOLVED , the governing Town Board of the Town of Ithaca does hereby approve the said wages for the Commission 's employees for the year 2010 as presented , and to be filed in the Human Resources Office . MOVED : Supervisor Engman SECONDED : Councilman Stein 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 Adjournment Upon motion of Councilman Stein and seconded by Councilwoman Hunter, Supervisor Engman adjourned the meeting at 9 : 44 p . m . Respectfully submitted , ebra DeAugist' e , Deputy Tow erk Town of Ithaca Town Board Sign-In Sheet Meeting Date: a �Od Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail �I G�nri 5 J G I 0 CS NON, jC) S o, Pot,— b4 � � wt2 A t vim r 3 ✓'i yc.. ►�t�t ✓l�i�l � � � �c�i Y sA1Y7 i IU7 doo/ Lr TY lea ! OK W�v rl ve, F�A 7p 6 0001 It mr nrrns W 1 G �'► � e �,n 1C �� 1 U C _ . Zi 3 ���y v r vS3 Buz ,� y , ►- �. c a� , lzl,z ylappz-I �T . f ns r vAv cel0000�- 4 liDA/ 4 CRT C.kkfi ) c 0ow 0 A/C-� ✓i7o7 �yse /raa. �`�C_ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Debra DeAugistine , being duly sworn , say that I am the Deputy Town Clerk of the Town of Ithaca , Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF PUBLIC HEARINGS : Local Law Amending Notification of Defects Requirements in Chapter 188 of the Town of Ithaca Code Local Law Amending Ownership, Maintenance, and Liability for the Hanshaw Road Walkway in Section 230=10 of the Town of Ithaca Code Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of Basement, Grade Plane and Story Above Grade Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, October 7, 2009 Date of Publication : Friday, October 9, 2009 Debra DeAug ' 8 uty Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : . TOWN OF ITHACA) Sworn to and subscribed before me this day of G 20099 c Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Clualified in Tioga County Commission Expires December 4. 201D i ITHACA Fl .��t PUBLIC HEARING R' NOTICE 1" dt Town Board ' of the in II Town of Ithaca , will hold b: E three public hearings J. Monday, olier n- , 2009 at the"Town Hall int sated at 2.h5�North Tipga le III re Street,, Ithaca,. NY,� for '.the B 8, puurnose of hearing .publ1C U ;lic comment on fhelfoHowing. o 20 6: 10 -p.m. . Amending v! NY Notification of Defects 2' 00 Reementsz1in Chapter rt °er . 188 of the ,TCOwnof. lthaea in at- 6a5 p?m. . �Qdding a :w- Reference to Town .Coe � ins Notification of Defects re Je- Requirements in Chapter he 230-. of the Town of Ithaca R I p Code . Regar ing the .Han n shaw-R`oadd ,Wakwa as y - 8 t a 6:`20 p:m Revising the R of Town. of Ithaca Code, Q 1 . m Chapter�,.F' 2170�5;"'entitl L e 'Definifibns`;^� torclanfy the Li W. definition of aTbssement%� ' �g ^v ., as A copy oftthe Local Laws* ' >ell ,ar, et the;^Towri.� l ge CIe kxijOffice4agd;'availa- bletfor1rtr�eview dunngfreguC of lar officelhourE ? NMondayMC 2°1 through,Friday 8 a.m to, I sit p pm 9 rid Individuals nea ing .,a,sis- 7 Ig tance :should contact the ti Eli,erq.ber. e'v Townt offic Clerk s , t e u n L 48 hours�pnor o F it,hi he meT- K� of the public hearing, s c P ib 82 Debra 'DeAugigtin '° f G1 R4, pb. y, Town Clerk . + a 3 Oc ober 7t 2009' - 6„ 10/9/2009 n Cad , . •%v :i. l 06 1; To : Town of Ithaca Board AGENDA ITEM No . 4 From : Bill Gilligan , Town Representative on the Ithaca Board of Fire Commissioners Subj : Board of Fire Commissioners Report Date : October 19, 2009 The Board of Fire Commissioners was unable to hold its regular October 13'h meeting because the Board lacked the required quorum of 3 commissioners . Due to a family illness one of the current three commissioners may not be available to meet for an undetermined period of time . The next scheduled meeting for the BFC is Tuesday, November 10, 2009 . Service Recognition Awards The Board of Commissioners presented service recognition plaques at the October 7, 2009 Common Council meeting to former Commissioners Robert Romanowski and Paul Alexander. Financial Items The IFD budget as recommended by Mayor Peterson will be reviewed and discussed by the Common Council at its Budget Review session scheduled for 4pm — Monday, October 19, 2009 . Volunteers with Ithaca SPCA budget, TCAD budget, Southside Community Center budget, Human Services Coalition budget, Youth Bureau budget, Mayor's Office budget, Ithaca Fire Department budget. Fire Department A group of 8 - 10 individuals, most of whom were active volunteer fire fighters in the past, have been organized as a Fire Police group . Department procedures and policies are being reviewed and updated to allow effective use of this group in providing traffic and crowed control support to various incidents or events involving the Fire Department. The group has been working for more than a year and a number of individuals have provided support at a number of incidents over the last year (i . e . road closing for tractor trailer overturning on Cliff Street, traffic control during incident involving accident following high speed chase of murder suspect, traffic control for power lines down , crowd and traffic control at Fire Works event at Ithaca College, etc) . A more detailed report, including the Acting Fire Chief's report and department operating statistics will be provided in November. Hopefully, the two vacant Fire Commissioner positions can be filled in the near future . 16 October 2009 i Memorandum : Conservation Zoning in the Northeast To : Ithaca Town Board From : Northeast Ithaca Neighborhood Association Over the past few years we have argued that the woodlands and wetlands in Northeast Ithaca ought to be preserved, for both their ecological features and the functions they serve . As the Town Board takes up the question of Conservation Zoning, we would like to summarize the principal reasons why we think that an extension of Conservation Zoning is needed. Reasons supporting Conservation Zoning : 1 . The Town Board has the authority to rezone this area. 2 . The Town Board commissioned two independent studies to inform their decision . The LeCain report concluded that the area has considerable ecological value and ought to be preserved. Their preferred option recommended prioritizing the entire area for conservation and emphasized the need for adequate buffers for moderate and high value areas . 3 . Preservation of this area is in concert with designations and recommendations by various agencies : Unique Natural Area 106 , the County ' s Natural Features Focus Area Project, and the "Wetland Protection in Tompkins County" report presented to the County in 2008 . 4 . A preponderance of evidence supports extending Conservation Zoning, 5 . The Town Board has thoroughly and deliberately considered this issue and therefore any action taken would not be in haste , nor could it be considered arbitrary and capricious . 6 . Extending the current Conservation Zone would still permit very low density development ( 1 , house per 7 acres) . Under this new zoning, the Town would have the authority to work with developers to create a development appropriate for the site . Why the revised Briarwood II Sketch Plan is unacceptable : 1 . The new plan retains. most of the flaws of the original . 2 . The plan is incompatible with LeCain ' s recommendations . . The sketch plan does not provide adequate buffers for wetlands and other areas of moderate to high ecological ,value,' and would jeopardize the ecological integrity of the area. 3 . Such a large- scale development would deprive these woods of their function of absorbing stormwater, and would create so much impervious surface that runoff and downstream drainage problems would be exacerbated. 4 . The retention ponds proposed for the development would result in large- scale removal of woodlands and are within the minimum buffers needed for wetland protection. Since the retention ponds would empty into the wetlands , they would disrupt the hydrological balance of the area and degrade the wetlands through chemical and salt contamination. These woods are adapted to seasonal fluctuations in hydrology , which the retention ponds would disturb . . In addition, these retention ponds are difficult and expensive to maintain . Given the expense Northeast residents are facing to ameliorate current drainage problems , it would be unconscionable for the Town to facilitate further development in the area by accepting responsibility for these ponds and maintaining them at tax-payers ' expense . 5 . Given the extent of existing housing in the area and the fragility of the biological corridor between Sapsucker Woods and Monkey Run/Fall Creek, any further development would severely impair the movement of wildlife between these habitats . The proposed "biological corridor" delineated in the current sketch plan is artificial and would involve several bottlenecks that cannot reasonably be expected to replace existing habitat connectivity . We would prefer to see the study site be preserved in its entirety, particularly through a land exchange between Mr. Lucente and Cornell University with appropriate conservation easements . However, such an exchange is not imminent. At this time the Town Board has the opportunity to extend Conservation Zoning, which would provide important protection to these woods by limiting the scale of any development. Conservation Zoning, thus, represents for us a compromise and does not preclude working toward a land exchange or other mechanisms for preserving the land in its entirety . 10 -- 19 - tv Town Board Meeting — October 19, 2009 Statement - Trish Page I think it is important to state that this is not just about the Lucente development now being proposed. Any type of significant development of this area is not appropriate for multiple reasons that have been presented. The reason that I would like to emphasize is that this area contains a string of wetlands, some of the last vestiges of wetlands that once extended throughout the Northeast area. Wetlands are protected because they are important - they absorb water, prevent flooding, and clean the water before it is slowly released or transpired into the atmosphere. Wooded wetlands are considered highly valuable for preventing flooding, because trees do a much better job of absorbing and transpiring water than grasses or low lying shrubs . And, the only way to really protect the wetland is to give it adequate buffer zones where no disturbance or development is allowed. As an important national wetland study stated: "Wetland buffers are essential for wetlands protection." " Wetland Buffers: Use and Effectiveness ", 1992. This development plan does not provide adequate buffering and would have disastrous consequences for the wetlands . Acres of trees within the wetland buffer would be removed in order to grade out the new lots and to install the large retention basins directly next to the wetlands . The retention ponds would gather and hold the water that normally collects in the wetlands, thereby disrupting the hydrological balance of the area, as well as degrading them through chemical and salt contamination. It has been stated that the retention basins will become wetlands in themselves . This is hard to imagine . These are large (approximately 100 ' long by 70 ' wide) 8 ' deep holes will have 4 ' of water in them and 4 ' high dikes around the edges . The DEC requires that large vegetation such as shrubs or trees be removed from stormwater empoundments, as they will weaken the embankment. That is typically done by seasonally mowing. Therefore, what you have is mowed ring around the basins and a mowed access to them. The pond and small forebay pond must occasionally be scooped out to clear them of sediment. Therefore, overall, it would be very difficult for a wetland to establish in or around the retention ponds . Safety fencing around the ponds, which is likely in these locations, would be an added impediment to this being a true wetland. This is a wooded wetland with the exact same characteristics of DEC or municipal wooded wetlands which typically have a 100 to a 300-foot buffer. On this property, once you extend the buffers out to these distances, only a small area around the borders is left. This is why Conservation Zoning, which allows a reduced area of development, is appropriate in this location. In considering this development and the negative impacts, a compromise plan should not be accepted just for the sake of compromise. The Town will incur great responsibility if you approve a stormwater system that will be challenged to function properly; retention basins that will be difficult to maintain; wetlands that will be negatively impacted; and the liability of any additional stormwater problems descending on this neighborhood. It is the Town' s role to protect the existing neighborhood and scarce remaining wetlands. The Town has hired consultants who have recommended protection of this area. Therefore, the Town should follow their advice and adopt Conservation Zoning. Attachment # 5 it El 1111110 0 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 = PROJECT INFORMATION (To be completed by A plicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name Town of Ithaca Local Law # f 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map: ) 215 N. Tioga St. Ithaca, NY. 14850 Tax Parcel Number: 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? _X 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items). To change the definition of basement and add the definitions of grade plane and story above grade in the Zoning Chapter of The Code of The Town of Ithaca to be consistent with the New York State Uniform Fire Prevention and Building Code. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected: N/A itiall (0-5 rs) Acres (6-10 rs) (>10 rs) Acres How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes NO If no, describe conflict briefly: N/A Change in definition within the zoning chapter of The Code of The Town of Ithaca only. 9. Will proposed action lead to a request for new: Public Road? YES NO _X_ Public Water? YES NO _X_ Public Sewer? YES NO _X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A — this is a change in definitions within the Zoning Chapter of The Code of The Town of Ithaca and would not affect land use. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO_X_ If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO_X_ If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Signature and Date: Local Law # Basements ART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) . Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If es, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None — this action is to change the definition of basement and add definitions of grade plane and story above grade in the Zoning Chapter of The Code of The Town of Ithaca to be consistent with the New York State Uniform Fire Prevention and Building Code. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None Anticipated — (See answer to C 1 above) . C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated — (See answer to C 1 above). C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated — (See answer to C 1 above). C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated - (See answer to C1 above) . C6. Long term, short term, cumulative, or other effects not identified in Cl-059 Explain briefly: None anticipated - (See answer to C 1 above) . C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated - (See answer to C 1 above). D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , other attached. (Check as a licable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Name of Lead Agency r Preparer' s Signature(If different from Responsible Officer) i�Il..� wrw^d1.�+ - ✓40 , S rWV ame & onsibl O cead Ag cy gignature of Contributing Prepaazer DATE: /D 7 Si ature of Respo i e Officer in Agency Town law # Basements Attachment # 6 135 Westhaven Rd � {*E111 21 Ithaca NY 14850 pduttster@gmail. com 607-324-6747 Town Supervisor 215 N. Tioga St. Ithaca, NY 14850 September 16, 2009 Dear Mr. Engman, We the undersigned, residents of Westhaven Road, Town of Ithaca, New York, hereby request the New York State Department of Transportation conduct a traffic study of Westhaven Road. We are requesting that the current speed limit of 40 mph be lowered to 30 mph. Our concerns are as follows: 1 . There is a significant dangerous blind spot on a steep incline about halfway up the road. 2 . The road has a significant grade, which increases the stopping distance; the road is especially dangerous when conditions are wet, icy or snowy. 3 . Heavy traffic during the morning and evening commute can be a threat to those not in vehicles . 4 . Vehicle speeding is a problem, especially in the morning and evening when neighborhood residents walk or bike along the road . 5 . Westhaven has limited shoulders, and in some places, no safe off-road walking space. The road receives very high use from area residents of all ages—including very young children; many use it regularly for walking, cycling, running, dog- walking and pushing their babies in strollers. It can be difficult to move off the road quickly enough to avoid the higher speed traffic. 6 . There have been serious accidents (fatalities) and near-miss accidents at the intersection of Westhaven, Coyglen and Elm Street : reducing the speed limit on these streets would help mitigate this problem. 7 . The large number of deer crossing both on Westhaven and Elm Street are a significant hazard - many of us have hit deer on these streets. In addition, we' d appreciate some speed enforcement—perhaps in the form of a Sheriff' s Department or State Police vehicle equipped with radar. Autos are often observed speeding, sometimes in excess of 55 mph; this situation has excellent potential for revenue enhancement . Thank you for addressing our concerns in a timely I manner and helping to make our neighborhood safe. We don't need any more fatalities. Please see below for those on Westhaven Road who signed the petition. Everyone on the road—with the exception of those not at home-- signed the petition. Sincerely, Ms. Patricia M. Dutt Cc : Winner, State Senate Sheriff' s Dept. 779 Warren Rd NY State Police Traffic Mgmt Center NYS Dept. of Traffic Safety Hinchey, State Representative Name—Print Name-Sign Address � C,nL� � � �te e,_ ��C haven Q s v4Zelf,-- 14kSL led 144, qgso lqa Ln w7 Y� anima. WaA( L &4k YtVI ( od VI{e , P-d I -W5 a Am bQ , r soar d7 — � a 2oc t-4—,A r2 � - L , fJ - moo pox �%) oE � lzooKs�� �' — - - - t BS i� es�K4ve Af OF IT H 99 TOWN OF ITHACA 41 2i � 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 September, 2009 Activity Report I truly believed that I would have more time this month with the cancelation of the Tutelo Festival yet that was not the case . Two students from IC were hired through the Work Study program to assist with first the historical and marketing effort for the Town ' s Agriculture Celebration held on 10/ 10/09 and who will be assisting with research on the historic Inlet Valley Cemetery that is being transferred to the town 's responsibility for maintenance and upkeep . Organizing and launching this event was more of an undertaking than I envisioned as potential sites did not respond or thought it was a great idea until a date was selected . Concerns over publication of the town newsletter, the primary communication method for programs for residents affected getting information out in a timely way . A large part of this position effectiveness is dependent targeted informational efforts such as the newsletter and these reports . A review of the current edition highlights many of the outcomes of this years efforts and the public responds with inquiries . To supplement town funding I have actively sought and obtained a variety of grant funds and will be compiling data for reports that I will provide via these reports to the board including outcomes and goals for the community garden and activities such as Agriculture Day . Every element requires effort and in a time of shrinking resources must be carefully considered . Preparation of materials for something seemingly as simple as the trails committee press conference required a number of contacts to ascertain appropriateness . The result was a useful display that can be reused for other functions . Safe walkways to schools grant requirements are being met as construction of the project continues . I have and plan to continue participation in monthly "webinars" to facilitate education and encouragement efforts . September's topic "Teens Go Green" was particularly useful in providing ideas for use with Dewitt students . This effort as will development of the Garden Council will be consuming much of my time over the coming weeks . f Regular Meeting of the Ithaca Town Board, October 19, 2009 Human Resources Report for September 2009 Personnel and Employee Relations Committees : Committee continued reviewing the Town Clerk and Deputy Town Clerk job descriptions in relation to NYS law. (See attached ) The Employee Relations committee reviewed items from the suggestion boxes , reviewed the proposed employee satisfaction survey, and discussed the update regarding the year end luncheon . Survey is to be passed out at all 3 locations in October. (See attached ) Training and Development: Defensive Driving course offered every 3 years has been arranged for October 8th or October 28 for Bolton Point and Town Hall staff. Public Works staff will have training on October 22nd Personnel — Civil Service : The Highway Superintendent search committee recommended James Weber for appointment, which was approved by the Board in September. Orientation meetings were held with Ashley Riley and Deb DeAugistine. Negotiations team met with the Teamsters group as the first out of three mediated sessions . The following sessions will occur in October: Commercial Insurance ( Ithaca Agency — NYMIR Insurance Company): A Town truck was damaged due to hitting a deer. The damage was reported to NYMIR and the claim has been paid . The truck was repaired . Bolton Point's insurance agency RFP was sent out. Bolton Point asks for a RFP for an agency every 5 years. Workers' Compensation (Public Employers Risk Management Assoc — PERMA) • No new claims to report. Safety Committee has been working with PERMA regarding air testing at Town Hall . Health and/or Dental Insurance: Greater Tompkins County Municipal Health Consortium slate of officers were voted upon . I was voted in as the Secretary. Tompkins County will continue to provide staff support to do the minutes and agenda for the remainder of the year. Work continues for the Steering Committee as a Prescription Benefits Manager ( PBM) needs to be reviewed and recommended . Disability Insurance: No new claims to report. Other Items: One employee has submitted and been approved for medical leave under the Family Medical Leave Act, Submitted By: Judith C. Drake , PHR, Human Resources Manager Town of Ithaca Personnel Committee Monday, October 5, 2009 Draft Notes Present: Tee Ann Hunter, Pat Leary, Peter Stein , Herb Engman and Judy Drake 16 Comments : Peter has received comments from staff regarding their discomfort because they do not know what is going on with the Town Clerk. Herb went over what has been explained to the staff and some of the health privacy restrictions the Town has to comply with . 2 . Executive Session to discuss the personnel history of a particular person . Moved into executive session : Pat Seconded : Tee Ann vote : unanimous Moved out of executive session : Peter Seconded : Tee Ann vote: unanimous 3. Discuss Town Clerk Department functions : Committee reviewed current job description for the Town Clerk. What duties are required under Town Law and what ones are additional duties assigned by the Town . Judy will revise job description for further review at next meeting . Judy to call Association of Towns for clarification regarding duty number 15 and how that relates to having an accounting office. 15) "Except in town 's in which the office of town comptroller has been established, the town clerk has extensive fiscal responsibilities and duties particularly in connection with processing of claims. Committee went over the Point Factor Rating System using the job description . Committee will discuss this further at next meeting . Tee Ann to schedule another meeting prior to the November 2nd date . Tabled : Discuss policy on Personal Use of Vehicles Discuss Bolton Point's revisions to Performance Review Policy Meeting adjourned . Next meeting : Monday, November 2 , 2009 at 4 : 30 pm l EMPLOYEE RELATIONS COMMITTEE Monday, September 14, 2009 , 1 : 00 to 2 : 00 pm Aurora Conference Room DRAFT NOTES Those present: Board Members: Peter Stein, , Staff Representatives: Paulette Terwilliger, Kristin Taylor, Joe Slater, Larry Salmi Staff Support: Judy Drake Others: Jon Kanter Absent: Pat Leary, Tee Ann Hunter 1 . Comments : 4-day work week should be added to next agenda . Sick policy was raised as it pertains to needing a Dr. note . Some doctors do not want patients to come in if they have the flu , so it may be a burden to get a note from the doctor. Committee agreed that the policy should be put on hold during the flu season . Judy was directed to provide a memo to staff about the policy being on hold during the flu season . 20 Old Business ■ Year End lunch : Options have been received for lunch from Boat Yard , The Rose , Glenwood Pines and Joe' s . Joe and Kristin will be working on a ballot to decide the location and food options. Ballots will be sent to staff and all elected and appointed board members . ■ Satisfaction Survey: Went over comments and corrections to the survey. Committee is ready for survey to be sent out. 3 . Review of Suggestion Box Cards : Town Hall : no cards received . PW F : ■ Get a new answering system at PW that is short and concise — benefit those that call after hours. ■ Return answering system back to the way it was at Highway Barns —too long, drags out. Committee discussed what happens now when no one picks up . Message is too long . Joe and Larry will ask for comments on how to shorten the message. Mechanics were trying to pick it up but can 't stop it once it goes to answering system . ■ Prohibit smoking on town property — benefits all that don 't smoke. Questioned whether person meant all town property, which would include parks , trails and such or just for employees when at Town Hall or PWF . This also raised the question of practice that allowed PWD staff to smoke in Town vehicles . Committee agreed to put smoking policy on next month 's agenda . ■ Why is this committee always trying to find out who wrote the "anonymous" comment? The committee discussed the fact that it isn 't who they are trying to figure out but the need for further insight into what the issue is . The cards have more comments than solutions or suggestions . Next meeting : Monday, October 19, 2009, 1 : 00 — 2 : 00 pm , Aurora Conf. Rm 1 of IT9 TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 ona an an er, - Director of Planning FAX (607) 273-1704 Planning Director' s Report for October 19 , 2009 Town Board Meeting DEVELOPMENT REVIEW September 15 , 2009 Planning Board Meeting: Cleveland Estates 15-Lot Subdivision, 1044 Danby Road: The Planning Board reviewed and discussed a sketch plan for the proposed Cleveland Estates 15-Lot Subdivision located at 1044 Danby Road (NYS Route 96A) , Town of Ithaca Tax Parcel No. ' s 39- 1 -9 . 3 and 39- 1 - 11 . 1 , High Density Residential Zone. The proposal involves subdividing the +/- 5 .4 acre parcels into 14 new building lots and one lot containing the existing residence at 1044 Danby Road along with the construction of a new road. Travis & Kathy Cleveland, Owners/Applicants . Holochuck Homes Subdivision — Draft EIS, Trumansburg Road : The Planning Board heard a preliminary presentation and discussion regarding the determination of adequacy for public review of the Draft Environmental Impact Statement (EIS ) for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No. ' s 24-3 -3 .2, 25- 1 -5 . 19 25-2-41 . 2; 26-4- 37 , 26-4-38, and 26-4-39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 +/- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road) . The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner/Applicant; David M. Parks, Esq. , Agent. The Board will continue review of the Draft EIS at the October 6 , 2009 meeting to determine whether the Draft EIS is complete and adequate for public review. October 6, 2009 Planning Board Meeting: Montessori School — 1/z Basketball Court, 120 King Road East: The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed maintenance and upgrading of the basketball court at the Elizabeth Ann Clune Montessori School of Ithaca, located at 120 King Road East, Town of Ithaca Tax Parcel No. 43 - 1 -3 . 5 , Low Density Residential Zone. The proposal involves removing the existing +/- 1 ,500 square foot asphalt pad and installing in the same location a +/- 2,500 square foot asphalt pad for a half basketball court. The project also includes new basketball hoops , benches, a picket fence, and the extension of an existing walkway. Elizabeth Ann Clune Montessori School of Ithaca, Owner/Applicant; Andrea Riddle, Principal, Agent, Holochuck Homes Subdivision — Draft EIS, Trumansburg Road : The Planning Board continued review and discussion regarding the determination of adequacy for public review of the Draft Environmental Impact Statement (EIS) for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No. ' s 24-3 -3 .2 , 25- 1 -5 . 1 , 25-2-41 . 2, 26-4- 37 , 26-4-38 , and 26-4-39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 +/- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road) . (Refer to September 15 , 2009 meeting description above.) The Planning Board requested additional information and discussion for several items in the EIS and will continue review of the Draft EIS at the October 20`h meeting. A large outstanding issue relates to the ability of the sewer lines and interceptors on the west side of the Town and City to safely convey sewage to the Wastewater Treatment Plant. There are reports of infiltration of stormwater into the sewer system during peak storm events causing overflows in the system. The applicant will have to address this with Town engineers and document how their development can be accommodated in the sewer system without exacerbating the existing conditions . CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COC): The Committee met on September 16, 2009 and reviewed comments received regarding the revisions to the fence and wall provisions of the Zoning Code and discussed possible revisions to the definition of basement in relation to second dwelling units in basements. The next COC meeting is scheduled for October 21 , 2009. Tentative agenda items include further review of comments received and possible revisions regarding the Stream Setback Law. Planning Committee: The Committee met on September 17 , 2009 and heard a presentation by Northeast residents regarding the applicability of a conservation zone on lands covered by the moratorium in the Northeast, and reviewed preliminary maps prepared by staff regarding sensitive natural areas in the Town relative to the gas drilling issue. The Committee met again on October 6, 2009 to discuss a possible recommendation to the Town Board regarding the addition of a Conservation Zone in the Northeast area. The Committee voted 2 — 1 to recommend that all of the parcels under the Northeast moratorium be rezoned to Conservation Zone. This will be on the Town Board ' s October 19`h agenda for discussion. The next meeting of the Committee is scheduled for November 12 , 2009 at 4: 30 p. m. Tentative agenda items include continuation of discussion regarding the concept of nodal development/development focus areas and discussion regarding possible amendments to the Conservation Zone requirements dealing with tree clearing, earth moving and other aspects that need to be clarified or updated. 2 Comprehensive Plan Committee: The Committee met on September 24, 2009 and continued review and discussion regarding the goal and objective sections of the 1993 Plan in Chapter III, focusing on "Economy and Associated Land Uses". A member also reported on a session on Comprehensive Plans at the New York Planning Federation Conference. The next meeting of the Committee is tentatively scheduled for Thursday, October 22 , 2009 at 7 : 00 p .m. to continue review and discussion regarding the 1993 Plan Goals and Objectives, picking up with "Transportation" and "Public Utilities , Facilities, and Services". A Housing Focus Group meeting is tentatively scheduled for Tuesday, October 27 , 2009 at 2 :00 p.m. Staff is preparing draft maps for the existing conditions/inventory section of the Plan Update. Conservation Board: The Conservation Board met on October 1 , 2009 and discussed the following agenda items : proposed Coy Glen Conservation Zone, Inventory of environmental resources in relation to gas drilling in the Town, and regular reports of committees. Board members also went on a field visit to the Coy Glen area on September 30, 2009. The next meeting of the Conservation Board is scheduled for November 5 , 2009. ITCTC Planning Committee: The Ithaca-Tompkins County Transportation Council (ITCTC) Planning Committee met on September 15, 2009 and discussed the status for the TIP (Transportation Improvement Program) update scheduled for the end of 2009 and heard a status report on the ITCTC Draft Long Range Plan Update that is expected to be completed at the end of December 2009, Trail Committee: The Trail Committee met on September 17, 2009 . The Committee discussed the status of the Gateway Trail ; continued discussion regarding results of the survey that was conducted of residents who live near existing trails and a draft report on the results of the survey prepared by staff; and continued planning for a Town Trail Day. Trail Day is tentatively scheduled for Saturday, October 24, 2009 and will include a guided trail walk. The results of the trail survey are now available on the Town' s website (www . town. ithaca . ny. us) under "Departments/Parks & Recreation" or under "Information/Documents & Reports". The next meeting of the Committee is tentatively scheduled for Thursday, October 22, 2009 at 11 : 00 a.m. Agricultural Planning Grant: Cooperative Extension and Planning staff continued interviews with Town of Ithaca farmers to update information and opinions that will be used in the preparation of an Agricultural and Farmland Protection Plan for the Town of Ithaca. These are expected to be completed in October. A breakfast meeting for farmers who participated in the interviews is scheduled for October 20, 2009 to present the results of the interviews and to hold a group discussion on the issues raised during the interviews. Annual Agricultural Easement Inspection — Ferguson Property: Planning staff completed the required annual inspection of the agricultural easement held by the Town on the Ferguson property, located on Sheffield Road. The inspection report is attached for the Board' s information (see memo from Mike Smith dated September 14, 2009). Forest Home Traffic Calming — Phase I: The Town' s consultant (McFarland Johnson) completed the final designs and engineering details for the Forest Home Traffic Calming Phase I, and submitted the plans to NYS Dept. of Transportation. The process is on track to retain the federal funding in the TIP (Transportation Improvement Program) . 3 r (Y Scenic Resources Report: Staff is reviewing the report prepared by the summer planning intern and will bring it to the Comprehensive Plan Committee and Planning Committee for review in the near future. Ithaca Tompkins Regional Airport — Sustainable Master Plan Advisory Committee : The Director of Planning was invited to participate in the Advisory Committee for the Ithaca Tompkins Regional Airport Sustainable Master Plan. The kick-off meeting of the Advisory Committee was held on September 24, 2009, and included an overview of the Master Plan process, the overall approach to sustainable master planning, and discussion regarding possible goals for the Plan. 4 Ji N TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM : MICHAEL SMITH, ENVIRONMENTAL PLANNERS DATE : SEPTEMBER 14, 2009 RE: ANNUAL AG. INSPECTION — FERGUSON PROPERTY Attached is a copy of the completed Annual Inspection Form relating to the agricultural conservation easement on the property owned by Lisa and Gary Ferguson. The 40-acre property is located along Sheffield Road, south of Mecklenburg Road. The Town ' s Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program and the easement require an annual inspection to be completed by the Town, with the results reported to the Town Board. I conducted the site inspection on September 4, 2009 and found the property in compliance with the terms of the easement. Along with the attached form, I made notes on a survey map of the property and took several pictures during the site inspection that are available if anyone is interested in seeing them. Please contact me at 273 - 1747 or email me at msmith @town . ithaca. ny, us if you have any questions prior to the meeting. Enc. � a w w 1 v iy r' Q lri. R* Agricultural Conservation Easement Tow_ n of Ithaca - ------ -- - ---- -- __. _--------___ .--- -------- --- --_ -----Annual �nspectton Form ----- ----- - - - -- - ---- ---- - -- -- - ----- - - - -- --------. - Date of Visit 09/04/09 Easement Name: Current Owner: Ferguson Agricultural Conservation Easement Lisa & Gary Ferguson Address of Property: Address: East Side of Sheffield Road 1485 Mecklenburg Road 285' South of Mecklenburg Road Ithaca, NY 14850 . Tax Parcel No. : Phone # 2&1 -1 .3 607-273-9212 Description of Current Land U[ ses: A?/ / Ifj�+ //5[ /,�c� 0✓l / L GZ //1L ` Tifi/+G -s �f�f i/I �T2/L .j /4si ni�iA o LtJ/C 7 i.. 7�Gf ° T" G{/V .!/L G✓r .f/ -� si' C fly e Describe current Agricultural activities (/and any changes since the last inspection): `--�r�I/ ✓r�'S .<i�f/d+G� /O J""✓ !i /JIGIf T .� T- 6f rrs �Gi � i/Lws J� GO% f�ivs �� fJ+t G�'fGissa List all man made alterations made since the T /last inspection visit: � � �,�s,/<G�J- • '- ,��� ,r'/1✓r /�rf ,�.J 2 �iy�Jy r . ( .�[i /f /li Lef�eC �i/s/mow-/f T 7 Do all changes comply with the terms of the easement? ✓ Yes No Comments: X Al r List any observed natural alterations: n�rre Other observations, comments, and recommendations: 1 Attach as needed maps, photos, and illustrations. Name of Inspector (s): TOWN CLERK' S MONTHLY REPORT TOWN OF ITHACA, NEW YORK SEPTEMBER, 2009 _ O THE SUPERVISOR : PAGE 1 rsuant 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 19 MARRIAGE LICENSES NO. 09080 TO 09098 332.50 1 MISC. COPIES 10.00 2 TAX SEARCH 10.00 6 MARRIAGE TRANSCRIPT 60.00 1 DOMESTIC PARTNERSHIP REG 20.00 TOTAL TOWN CLERK FEES 432.50 A1557 1 SPCA IMPOUND FEES 20.00 TOTAL A1557 20.00 A2194 7 NOTE CARDS - YOUTH PROG 49.00 TOTAL A2194 49.00 A2544 DOG LICENSES 689 .78 TOTAL A2544 689.78 B2109 17 ELECTRICAL PERMIT 11771 .00 TOTAL B2109 19771.00 B2110 I ZONING BOARD MTG 100.00 TOTAL B2110 100.00 B2111 29 BUILDING PERMIT 3 ,520.00 3 BUILDING PERMIT EXTENSIN 275 .00 1 CERTIFICATE OF OCCUPANCY 100.00 2 SIGN PERMITS 67 .51 TOTAL B2111 39962951 B2112 1 FIRE SAFETY INSPECTIONS 170.00 TOTAL B2112 170.00 B2115 1 SITE PLAN INIT. APL, FEE 300 .00 4 Y TOTAL B2115 - 300.00-, ' . 691 1 FILL PERMIT �•, .-n= . 100.00 0 TOTAL B2691 100.00 1 ' l TOWN CLERK' S MONTHLY REPORT SEPTEMBER, 2009 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 11191 .28 PAID TO SUPERVISOR FOR PART TOWN FUND 634403 .51 PAID TO COUNTY TREASURER FOR DOG LICENSES 105 .22 PAID TO AG & MARKETS FOR DOG LICENSES 12 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 427 .50 TOTAL DISBURSEMENTS 8913931 OCTOBER 2, 2009 SUPERVISOR BERT J. 0GMAN STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, , 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 f W. Subscribed and sworn to before me this Town Clerk �J a f llox W j20 v1 1 Notary Public PAULETTE NEILSEN Notary ' Public, State of New York 11 No . 01 NE6156809 Oualified in Tioga County Commission Expires December 4, 202b