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TB Minutes 2003-11-06
REGULAR MEETING OF THE ITHACA TOWN BOARD THURSDAY , NOVEMBER 6 , 2003 AT 5 : 30 P . M . AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of the Tompkins County Board of Representatives — Frank Proto 4 . Report of Fire Commissioners 5 . 6 : 00 p . m . — Persons to be Heard 6 . Consider Approval of Memorandum of Understanding — New York State Department of Environmental Conservation Maintenance of Streams 7 . Consider Acceptance of Final Generic Environmental Impact Statement for Zoning Revisions as Complete 8 , Set Public Hearing to Consider Adoption of Proposed Zoning Revisions 9 . Consider Setting a Public Hearing regarding Changes to the Ithaca Area Wastewater Treatment Plant Agreement 10 . 7 : 00 p . m . — Public Hearing to Consider 2004 Assessment Rolls for Special Benefit Districts as follows : a . 7 : 00 p . m . - Forest Home Lighting District b . 7 : 01 p . m . - Glenside Lighting District C . 7 : 02 p . m . - Renwick Heights Lighting District d . 7 : 03 p . m . - Eastwood Commons Lighting District e . 7 : 04 p . m . - Clover Lane Lighting District f . 7 : 05 p . m . - Winners Circle Lighting District g . 7 : 06 p . m . - Burleigh Drive Lighting District h . 7 : 07 p . m . - West Haven Road Lighting District i . 7 : 08 p . m . - Coddington Road Lighting District j . 7 : 09 p . m . - Water Improvement Benefitted Area k . 7 : 10 p . m . - Sewer Improvement Benefitted Area 11 . 7 : 15 p . m . — Public Hearing to Consider 2004 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2004 Southern Cayuga Lake Intermunicipal Water Commission Final Budget 12 . 7 : 30 p . m . — Public Hearing to Consider the 2004 Town of Ithaca Preliminary Budget as the 2004 Town of Ithaca Final Budget 13 . 7 : 45 p . m . — Public Hearing to Consider a Local Law to Amend Local Law No . 2 for the 1976 , By Adopting a New Water Rate Schedule Effective January 1 , 2004 for Water Rat _ , Charges , and Other Fees Chargeable to Consumers of Water in the Town of Ithaca 14 . 8 : 00 p . m . — Public Hearing to Amend the Agreement of Cooperation Creating the Southern Cayuga Lake Intermunicipal Water Commission Regarding Water Rates 15 . 8 : 15 p . m . - Public Hearing regarding Change in Sewer Benefit Assessment Rate 16 . 8 : 20 p . m . — Public Hearing regarding Change in Water Benefit Assessment Rate 17 . Consider Adoption of 2004 Assessment Rolls for Special Benefit Districts 18 . Consider Approval of Change in Sewer Benefit Assessment Rate 19 . Consider Approval of Change in Water Benefit Assessment Rate 20 . Consider Adoption of an Amendment to the Agreement of Cooperation Creating the Southern Cayuga Lake Intermunicipal Water Commission Regarding Water Rates 21 . Consider Adoption of a Local Law to Amend Local Law No . 2 for the Year 1976 Adopting a New Water Rate Schedule Effective January 1 , 2004 for Water Rates , Char and Other Fees Chargeable to Consumers of Water in the Town of Ithaca 22 , Consider Adoption of the 2004 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2004 Southern Cayuga Lake Intermunicipal Water Commission Final Budget 23 , Consider Adoption of 2004 Town of Ithaca Preliminary Budget as 2004 Town of Ithaca Final Budget 24 . Consider Approval of Delinquent Water and Sewer Charges on the 2004 Town and County Taxes 25 . Consider Approval of 2004 Health Insurance Rates 26 , Consider Approval of 2004 Dental Insurance Rates 27 . Consent Agenda a . Approval of Town Board Minutes — September 23 , 2003 and October 2 , 2003 b . Approval of Town of Ithaca Warrants c . Approval of Bolton Point Warrants d . Approval of Network/ Records Specialist Job Description 28 . Report of Town Committees a . Agricultural Land Preservation Advisory Committee b . Capital Projects and Fiscal Planning Committee c . Cayuga Lake Watershed Intermunicipal Organization d . Codes and Ordinances Committee e . Lake Source Data Sharing Committee f . Personnel Committee g . Public Works Committee h . Recreation Partnership i . Records Management Advisory Board j . Safety Committee k . Sewer Joint Subcommittee I . Sewer Contract Committee m . Southern Cayuga Lake Intermunicipal Water Commission n . Transportation Committee 29 . Report of Town Officials a . Town Clerk b . Highway Superintendent c . Director of Engineering d . Director of Planning e . Director of Building and Zoning f . Human Resources Manager g . Budget Officer h . Network/ Records Specialist i . Attorney for the Town 30 . Review of Correspondence : 10/22/03 NYS DOT Response to Request for Speed Limit Reduction on Troy Road 10/20/03 NYS DOT Response to Request for Speed Limit Reduction on East King Road 10/20/03 NYS DOT Response to Request for Speed Limit Reduction on Coddington Road 31 . Consider Adjournment November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 REGULAR MEETING OF THE ITHACA TOWN BOARD THURSDAY, NOVEMBER 6 , 2003 AT 5 : 30 P . M . 215 NORTH TIOGA STREET, ITHACA, NY THOSE PRESENT : Supervisor Valentino ; Councilwoman Russell ; Councilwoman Grigorov ; Councilman Klein ; Councilman Lesser; Councilman Burbank ; Councilman Niederkorn STAFF PRESENT : Tee-Ann Hunter , Town Clerk ; Dan Walker, Town Engineer; Jonathan Kanter, Director of Planning ; Andy Frost ; Director of Building and Zoning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager OTHERS PRESENT : John Barney , Attorney for the Town ; Patricia McElwee , Tompkins County Senior Citizens Council ; A . Tom McMillan , 812 Elmira Road ; Frank Proto , Tompkins County Legislature ; Bill Hawley , Tompkins County Senior Citizens Council ; Marge F . Dill , Human Services Coalition ; David Whitman , City of Ithaca Common Council ; Sandra Gittelman , 109 Tudor Road ; Herb Engman , 120 Warren Road ; Judith E . Willis , Gadabout Transpiration ; Peter and Irene Stein , 101 Brandywine Drive ; Diana Jayne , Joint Youth Commission ; Lorraine Moran , Joint Youth Commission CALL TO ORDER : The meeting was called to order at 5 : 30 p . m . and Supervisor Valentino led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of the Tompkins County Board of Representatives Representative Frank Proto appeared before the Board on behalf of the Tompkins County Board of Representatives . Agricultural District #1 Mr. Proto told the Board that the Farm and Agricultural Land Protection Board has started the review of Agricultural District # 1 , which is the eastern and southern part of the lake . It includes part of the Town of Ithaca , all of Caroline , all of Danby , Lansing , and everything else on the eastern side of the lake . There will be a public hearing on December 16th . Mr. Proto stated that this is the opportunity for people with farmland that is presently in the district who want out to speak up . It is also a time for people who want in to let them know . Monica Roth and Debby Teeter at Cornell Cooperative Extension have been coordinating things . Road Work Mr. Proto reported he ' d had been getting phone regarding roadwork that has been done on East King Road where it meets Coddington Road . Some of the residents are scratching their heads wondering why the County laid a new road when there is a development about to take place on the south part of the road . Mr. Proto stated he was wondering that too . If heavy construction vehicles are going to be chewing away at that road , it might have made more sense to wait a year . The drainage is the other problem . The drainage coming off the new development looks like it is aimed right for the side of the road and it looks like it might deteriorate the road . Mr. Proto reported he had asked Superintendent Noteboom to take a look at it . 1 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Where East King meets Coddington there has been a constant problem . It keeps eroding and there is a hole that has developed . Mr. Proto thought it wise for the Town to keep an eye on it . Culvert Pipes Mr. Proto reported that the County had gone to a policy earlier in the year that they would not pay to put in culvert pipes . The resident who has requested the culvert pipe will be required to build it to County specifications and have the pipes installed , picking the contractor off a list of prescribed individuals . Mr. Proto stated his concern that there may be problems with different contractors doing the jobs . He asked to be told if the Town had complaints from residents . Flood Hazard Mitigation Plan Mr. Proto reported that a group has been formed called the Six Mile Creek Partners Group . The only two partners that Mr. Proto heard were the City of Ithaca and the Town of Caroline . Mr. Proto urged someone from the Town to contact Ed Marx or Kate Hackett for information on their plans that include riprap and willow plantings . Supervisor Valentino stated that most of the land along Six Mile Creek was in the City but that the Town is certainly interested in watching the discussion . Personal Watercraft Legislation Mr. Proto reported that he and Kate Hackett had presented the final report from the Water Resources Council to the County's Planning Committee . The plan is to send copies of the report to every municipality that is affected . Their hope is to draw together the municipalities and the law enforcement people to come up with what may be a universal and agreed to set of recommendations . It will be a hodge- podge if every municipality went on their own . It would be pretty hard to enforce . Supervisor Valentino reported that the municipalities have been meeting among themselves to try to make sure that they are consistent with one another. Mr. Proto reported that their group. had asked that the Sheriff, the DEC , and the Park Police meet with the municipalities . Supervisor Valentino reported that her group has had some discussions with the Sheriff and some discussion with State Parks . Budget Mr. Proto reported that the County was having their next public meeting on Monday at 7 : 00 p . m . The meeting is being held at Boynton Middle School . The County is supposed to vote on their budget on November 18 , 2003 . Health and Human Services Committee Meeting Mr . Proto reported that at the Health and Human Services Committee meeting yesterday there was a discussion about the sales tax funding . Supervisor Valentino reported that she has been talking with Tim Joseph , Kathy Smithers , and Steve Whicher. Mr. Proto stated if the Town decided to do whatever they had to do to restore money to the three or four different categories , Gadabout or Senior Citizens , the County hasn 't voted on their budget and they can still be lobbied for their piece . Mr . Proto invited questions from the Board . 2 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Councilman Lesser told Mr . Proto that the Town has been doing quite a bit of monitoring of traffic volumes and speeds in various areas , most recently South Hill . They have found that Coddington , west of Juniper, the 30 mile an hour section just before the entrance to Ithaca College , something like 60 % of the cars are going over the speed limit , with a third of those going 10 miles an hour over the posted speed limit . Councilman Lesser' s reason for bringing this up is that he has a real concern that with cuts in the Sheriffs office it is going to make it less possible for them to patrol the roads . It appears that people recognize the chances of getting stopped are pretty close to zero ; with less patrolling it is going to be even more so . Mr. Lesser stated he had a real concern that inappropriate driving is going to continue and get worse . He hoped that they would recognize this as they look at the Sheriffs budget and realize that this is a basic public service and a public safety matter. Councilman Lesser offered to supplied the County with the data that the Town has collected . Mr. Proto stated it was not him that needed to be convinced of this . Mr. Proto stated a further concern is that the Sheriff needs more than just one deputy , he needs at least three . Mr . Proto stated that there were representatives from the Deputy Sheriffs union at the last County meeting . They were talking about how many cars will be patrolling the entire County at night. Heaven forbid there ' s an accident . If you ' re in Ulysses and you have an accident in Lansing it is going to take forever, if they can get there at all . Mr. Proto told Mr. Lesser he couldn 't agree with him more and he will take the concern back to the budget committee . Valentino stated every supervisor that she has talked with is really concerned with the cuts in the Sheriffs Department. They feel that they are already spread so thin . The security that our residents need is lacking . We consider it one of our highest priorities . Agenda Item No . 4 — Report of the Fire Commission (Attachment #1 — written report) Bob Romanowski appeared before the Board on behalf of the Fire Commission , Mr. Romanowski read his monthly report to the Board . Mr . Romanowski reported that the City' s Common Council has finally accepted the Town ' s generous offer of $ 60 , 000 and are going to fund an entry- level fire fighter. The Council also voted to have the position of a Fire Marshall reinstated . Mr. Romanowski , as spokesman for the Board of Fire Commissioners , thanked Supervisor Valentino and the members of the Town Board for their support of the fire department . Agenda Item No . 5 — Persons to be Heard David Whitmore , City of Ithaca Common Council , Representative of the 2nd Ward Mr. Whitmore introduced himself to the Board . He told the Board he serves with Supervisor Valentino on the Recreation Partnership . Mr. Whitmore invited questions in response to the memo he had sent to Board members regarding recreation negotiations between the Town and the City . Mr . Whitmore offered to come to Town Board Meetings on a regular basis to give an update on Common Council . 3 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Bill Hawley, Executive Director of the Tompkins County Senior Citizens Council Mr. Halley appeared before the Board to ask that funding for the Senior Citizens Council be reinstated in the Town ' s 2004 Budget . He requested the Town continue funding at the level contributed in 2003 , $ 8 , 400 . Mr. Halley reported that the Senior Citizens Council served 2 , 950 Town of Ithaca seniors in 2003 ; the largest number of seniors in any town in the county , including the city . In response to questions from Councilman Burbank , Mr. Halley stated that the Council' s operating budget for 2003 was $ 385 , 000 ; the total budget after depreciation is $414 , 000 . Mike Koplinka -Leahr, Town of Ithaca resident Mr. Koplinka - Leahr stated that there is a sequencing problem . Tonight the Town Board is voting on their budget without the knowledge of whether or not the County will discuss and add this funding back in . Mr. Koplinka-Leahr pledge that if the Town put the funding back in for the organizations that are on the table tonight that he will make motions , and hopefully work behind the scenes to get support , to get reimbursement for that . No one can guarantee that, but he will make those motions . Pat McElwee , President of the Board of Directors of the Tompkins County Senior Citizen Council Ms . McElwee appear before the Board to ask that funding for the Senior Citizen 's Council be reinstated in the Town 's 2004 Budget . Martha Robertson , Town of Dryden , Chair of the Health and Human Services Committee Ms . Robertson appeared before the Board to ask that funding for the Senior Citizen 's Council and the Learning Web be reinstated in the Town 's 2004 Budget . There was discussion of Supervisor Valentino 's letter (attached ) to Steve Whicher and the various agencies alerting them cuts in the proposed budget . Marge Dell , Human Services Coalition Ms . Dill appeared before the board to ask that funding for the Health and Human Services Coalition be reinstated in the 200r budget. She stated she was not surprised by the confusion regarding the existing funding arrangement and there was discussion that the Health and Human Service Coalition was not a part of the arrangement regarding the sales tax . Supervisor Valentino stated that she now understood that . Judith Willis , Gadabout Ms . Willis appeared before the Board on behalf of Gadabout . Ms . Willis came in response to Supervisor Valentino 's letter to introduce herself to the Board and request that funding for Gadabout be reinstated in the 2004 budget . She told the Board that the Town of Ithaca has grown enormously in terms of elderly services ; there is Kendal , Altera , Longview , and Ellis Hollow . Gadabout has been seeing increases around 18 % in the number of riders . Councilman Niederkorn told those assembled that the Board had heard from several organizations and agencies this evening stating , believe it or not folks we ' d like to hear how 4 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 important we are in your lives . So , maybe once in a while , like once a year, it would be worthwhile when you ' re scheduling time to tell us just how great we are . Supervisor Valentino stated she had heard from Matthew Braun , Director of the DeWitt Historical Society , in response to the proposed budget cuts affecting his agency . Mr . Braun expressed no opposition and in fact concurred that the services contracted for had not been provided . Supervisor Valentino then outlined her recommendations stating she has been " talking and learning about the different agencies in the community and an awful lot of wonderful agencies that we don 't fund, that aren 't here, that do important things. There were a couple of things I was going to ask the Town Board to consider tonight. One is, it seems to me, hearing from these folks is an excellent thing. We really need to get a better understanding and a better handle on what's really going out there in our community in services. The Town, we 've spent a lot of our time in the last few years on our infrastructure and our buildings, all important stuff that we 've had to do, and we 've just kind of written in the numbers I think in some ways to these agencies. So I was going to propose that we put together a committee of a couple of Board members and some other people. I think Sandy, when she comes on the Board in January would be great person to serve on that committee, I hope, and do more of an analysis and evaluation of what's out there in the community and what kinds of things should the Town be stepping up to and maybe participating more in different kinds of services for our community. I was going to recommend that as one thing for us to do. The other thing that 1 was going to recommend is the funding that we get from the County is somewhere around 19, 000 a year, divided between those three programs. I was going to put in basically what we fund the Senior Citizens directly about the $4, 200. 1 was going to, as I told Marge, put in for the Human Services Coalition $2, 000. They 've been getting $4, 000. I didn 't put in anything for Gadabout, but after I looked at seeing that for many many years you have not received any increased funding from the County at all, just that $ 75, 000 and the reason that I didn 't put it in is I somehow had heard that there was a connection for funding with Gadabout through TCAT. But / called out Rod Ghering today and he straightened my out on that saying that basically you rent space from them, I guess, and then you do have a contract for some of you ADA people , So I think the fact that Gadabout has been operating a wonderful service in this community, and we know in the town of Ithaca how many senior citizen and nursing homes and things that we have, I didn 't put it in the budget today, but I would propose to put back the $ 10, 450 that we have been giving that organization because they certainly haven 't (inaudible) any other place . Now, the thing that is going to come back to you folks, I think, is this money is in the budget and for the ones that we cut in half I can say that is like a holding place and we can do budget amendments in the year. What I am going ask of you folks is, working with this comity, to really outline for us so we understand more clearly the direct services that are being provided to the Town with the contract that we do with you and so what I 'm saying is the number that I 'm proposing I hope is going to be a minimum number and if some of the funding comes back from the County, it may or it may not, or as we look at that to be able to amend that as we feel comfortable with what that level could be. That would be what I would be asking this committee that we are going to put together to look at try to help get done in this community. That is what I am going to recommend. " 5 I November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Councilman Lesser stated , in particular, he would certainly support the funding for Gadabout . It is a wonderful service for the whole area , particularly our residents . But more generally than that he would also certainly very much support the idea of the committee to look at the :services and what the Town ' s role is in supporting those services . He hoped that committee would also look out a little bit into the future and not only consider the way things are now stating it appears that we are undergoing a demographic transformation in the Town and becoming more of an attraction as a retirement community . That is going to have substantial Impacts on what the Town is , what the population are , and what the services are needed over the next five to ten years . If we can begin to think about that , Councilman Lesser thinks the 'Town can structure our budget in the longer term than we typically have in this way. Councilwoman Grigorov asked if the Learning Web and the youth oriented organizations would also be included in this committee ' s work . Supervisor Valentino told her they would stating this committee and that position would have as their highest priority next year, to evaluate what we ' ve got right now, help this committee do it , and also go out into the community to look at other things , survey residents to find what the needs are . All the help and assistance that you folks can give us when we put this committee together and star; having meetings will be deeply appreciate . Bert Glidersleeve Mr . Gildersleeve appeared to present a petition to the Town Board from the farmers and landowners on West Hill opposing the rezoning as planned . Agenda Item No. 6 - Consider Approval of Memorandum of Understanding — New York State Department of Environmental Conservation Maintenance of Streams (Attachment #9 — agreement) Mr. Noteboom told the Board that the Town needs this agreement with the Department of Environmental Conservation in order to work in any classified streams . TB RESOLUTION NO . 2003 - 158 : Memorandum of Understanding - New York State Department of Environmental Conservation Maintenance of Streams . WHEREAS , it is necessary that the Town of Ithaca and the New York State Department of Environmental Conservation ( NYSDEC ) establish an agreement of cooperation for the protection of the water resources of certain classified water in New York State as set forth in the Title 5 of Article 15 of the Conservation law on a yearly basis ; and WHEREAS , the Town Board , Attorney for the Town , and Town Engineer have reviewed and approved the referenced Memorandum of Understanding with NYSDEC for the period January 1 , 2004 through December 31 , 2004 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and directs the Town Supervisor to execute the said Memorandum of Understanding with the NYSDEC for the period January 1 , 2004 through December 31 , 2004 . MOVED : Councilwoman Grigorov 6 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 9 = Consider Setting a Public Hearing regarding Changes to the Ithaca Area Wastewater Treatment Plant Agreement TB RESOLUTION NO . 2003 -159 : Set Public Hearing regarding Changes to the Ithaca Area Wastewater Treatment Plant Agreement Supervisor Valentino explained to the Board that the proposed public hearing is for consideration of changes to the current Joint Sewer Agreement , which needs to be updated . The service area needs to be changed and the governance needs to be straightened up for the Town to move ahead on the intermunicipal sewer project . RESOLVED that the Town Board hold a public hearing December 8 , 2003 at 7 : 30 p . m . for the purpose of considering changes to the Ithaca Area Wastewater Treatment Plant Agreement . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Motion unanimously carried . Additional Agenda Item No . 1 — Consider Order for Public Hearing in the Matter of Acquiring an Interest in Several City of Ithaca Sewer Interceptors and City of Ithaca Pump Stations for Transmission of Town Waste Water from the Town to the Ithaca Area Waste Water Treatment Plant TB RESOLUTION NO . 2003 -160 : ORDER FOR PUBLIC HEARING : IN THE MATTER OF ACQUIRING AN INTEREST IN SEVERAL CITY OF ITHACA SEWER INTERCEPTORS AND CITY OF ITHACA PUMP STATIONS FOR TRANSMISSION OF TOWN WASTE WATER FROM THE TOWN TO THE ITHACA AREA WASTE WATER TREATMENT PLANT WHICH ACQUISITION IS TO BE KNOWN AS THE 2003 JOINT SEWER INTERCEPTOR ACQUISITION PROJECT FOR THE TOWN OF ITHACA, TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12 =C OF THE TOWN LAW. At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 215 North Tioga Street , in Ithaca , New York , on the 6th day of November, 2003 , at 5 : 30 o 'clock P . M . Prevailing Time . PRESENT : Supervisor Catherine Valentino 7 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Councilperson Mary Russell Councilperson David Klein Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT : None WHEREAS , a plan , report , map , and supplement have been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the acquisition of an interest in several City of Ithaca sewer interceptor lines and certain pump stations and related facilities pursuant to Article 12-C of the Town Law to be known and identified as the 2003 Joint Sewer Interceptor Acquisition Project , and hereinafter also referred to as " improvement" or " Project" , to provide sewer capacity to for transmitting waste water from the Town of Ithaca town line through the City of Ithaca to the present Ithaca Area Waste Water Treatment Plant (the " IAWWTP " ) in the City of Ithaca managed jointly with the Town of Ithaca and the Town of Dryden , such sewer system capacity and interest to be purchased from the City and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Sterns and Wheler as supplemented by Daniel Walker, the Town ' s Director of Engineering , all competent engineers duly licensed by the State of New York and which plan , report , map and supplements have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said 2003 Joint Sewer Interceptor Acquisition Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed 2003 Joint Sewer Interceptor Acquisition Project consists of the sewer improvements set forth below , as more particularly shown and described in said map , plan , report , and supplement presently on file in the Office of the Town Clerk : Acquisition of a 41 . 57 % ownership interest and related 41 . 57 % of the capacity of a number of sewer interceptors located in the City of Ithaca through which waste water from the Town is carried to the IAWWTP , acquisition of a 17 % ownership interest and related 17 % of the capacity of several pump stations located in the City of Ithaca which provide pumping facilities for the transmission of waste water from the Town to the IAWWTP , together with comparable ownership interests in the associated controls , piping , and other structures ; and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 661 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of paying the purchase price from current revenues and existing surplus funds from the Town of Ithaca Sewer System Benefitted Area Fund ; and 8 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 WHEREAS , the implementation of this project will be through an agreement with the City of Ithaca for the purchase , maintenance , operation , repair , replacement, and addition to said interceptors and pump stations and related controls , piping , and other structures ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report, map , and supplement , the providing of said 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement , and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 215 North Tioga Street , in said Town , on the 8th day of December , 2003 , at 7 :45 o'clock P . M . , to consider the aforesaid plan , report , map , and supplement , to consider the question of providing of said 2003 Joint Sewer Interceptor Acquisition Project , to consider the execution of the related agreement with the City of Ithaca , and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is permitted or required by law . Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law. Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was upon motion of Supervisor Valentino , seconded by Councilwoman Russell duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting aye Councilperson Russell Voting aye Councilperson Klein Voting aye Councilperson Grigorov Voting aye Councilperson Lesser Voting aye Councilperson Niederkorn Voting aye Councilperson Burbank Voting aye The order was thereupon declared duly adopted . Public Hearing to Consider 2004 Assessment Rolls for Special Benefit Districts Supervisor Valentino opened the public hearing for the special benefit districts at 7 : 00 p . m . 9 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 TB RESOLUTION NO . 2003 -161 : 2004 Assessment Rolls for Special Benefit Districts . WHEREAS , the properly advertised public hearings have been held to consider the 2004 Assessment Rolls for Special Benefit Districts for the Town of Ithaca ; now therefore be it RESOLVED , the governing Town Board of the Town of Ithaca hereby approves and adopts the 2003 Assessment Rolls for the Special Benefit District of the Town of Ithaca . TB RESOLUTION NO , 2003 =161a Forest Home Lighting District : Tax Year 2004 , Assessed Value $21 , 758 , 900 MOVED : Councilman Niederkorn SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 =161 b Glenside Lighting District : Tax Year 2004 , Assessed Value $ 2 , 117 , 500 MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 =161c Renwick Heights Lighting District : Tax Year 2004 , Assessed Value $ 7 , 248 , 000 MOVED : Councilman Lesser SECONDED : Councilman Klein VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -161d Eastwood Commons Lighting District : Tax Year 2004 , Assessed Value $6 , 873 , 200 MOVED : Councilman Klein SECONDED : Councilwoman Grigorov 10 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -161 e Clover Lane Lighting District : Tax Year 2004 , Assessed Value $ 1 , 472 , 600 MOVED : Councilwoman Grigorov SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 =161f Winners Circle Lighting District : Tax Year 2004 , Assessed Value $ 1 , 880 , 000 MOVED : Councilwoman Russell SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 =161g Burleigh Drive Lighting District : Tax Year 2004 , Based upon Road Frontage 3 , 721 . 10 lineal feet MOVED : Supervisor Valentino SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 =161h West Haven Road Lighting District : Tax Year 2004 , Based upon Number of Units 6 , 730 lineal feet MOVED : Councilman Niederkorn SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -161 i 11 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Coddington Road Lighting District : Tax Year 2004 , Based Upon Number of Units 7 , 092 lineal feet MOVED : Councilman Burbank SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -161 j Water Improvement Benefit District : Units Available & Connected 7 ,488 . 21 Per Unit Charge ( Benefit Assessment ) $ 65 . 00 MOVED : Councilman Lesser SECONDED : Councilman Klein VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO , 2003 =161k Sewer Improvement Benefit District : Units Available & Connected 7 , 102 . 69 Per Unit Charge ( Benefit Assessment) $ 65 . 00 MOVED : Councilman Klein SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Supervisor Valentino closed the public hearing for the special benefit districts at 7 : 11 p . m . Agenda Item No . 25 = Consider Approval of 2004 Health Insurance Rates Supervisor Valentino explained the decision to increase the employee share of prescription drug charges as follows : the share for generic drugs will remain at $ 5 . 00 ; the intermediate will increase $5 . 00 to $ 20 . 00 ; and the high end will increase $5 . 00 to $ 35 . 00 . This will save the Town approximately $ 7 , 600 , save Bolton Point $2 , 600 , and drop the premium costs 2 % . Councilman Klein asked Ms . Drake if she had discussed with the insurance company if the town were to increase the deductibles on the plan or go into a deductible that the Town could fund whether it would lower our rates . Councilman Klein referred to the money in the Risk Retention Fund . Ms . Drake stated that they have used the Risk Retention Fund to reduce Workman ' s Comprehensive coverage and health insurance by reducing some of the claim factors through training , gym reimbursement programs , wellness programs . Ms . Drake 12 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 stated our current policy works on a co- pay system rather than a deductible . The Board discussed that by increasing the deductible (which the town would pay out of our Risk Retention Fund ) can sometimes considerably reduce the premium costs . Councilman Klein asked that Ms . Drake explore this . Could we change the co-pay? Yes we could . That's still going to the doctor's on the day of their visit . What Ms . Drake would rather see the Town do is to institute a flexible spending program . This is where money is set aside , a medical savings plan . There is an expense to this , but this is what Ms . Drake would like to see the Town do . Councilman Klein stated he has seen consistent increases in insurance costs which represent a large part of the Town ' s budget and he encourage Ms . Drake to look at all and every way of possible ways of saving money . Ms . Drake stated the drug rider was more than 50 % of the insurance premium costs and by tweaking that TB RESOLUTION NO. 2003- 162: Approval of Health Insurance Plan for 2004. WHEREAS , the Human Resources Manager has received the annual renewal for health insurance for 2004 from Excellus Blue Cross Blue Shield of Central NY for the Bleeps Plan at an increase of 19 % ( $ 294 . 29 individual , $603 . 88 double , $867 . 56 family ) ; and WHEREAS , the Town Board has discussed the increase as outlined by the renewal for 2004 and wishes to enter into an agreement with Excellus to provide the outlined BluePPO coverage ; and WHEREAS , the Town Board discussed the alternative prescription plan that would increase the co-pay from $ 5/$ 15/$30 to $ 5/$20/$ 35 , reducing the premium increase by 2 % 7 saving the Town over $ 7 , 600 and SCLIWC over $2 , 600 ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize , and direct the Town Supervisor to enter into an agreement with Excellus Blue Cross Blue Shield of Central NY to provide the BluePPO Plan for health insurance coverage for the employees , elected officials , and retirees upon the advice of the Attorney for the Town and the Human Resources Manager; and be it further RESOLVED , the Town Board approves the change in the drug rider from the current $ 5/$ 15/$ 30 plan to the $ 5/$20/$ 35 plan ; and be it further RESOLVED , the monthly health insurance premiums for 2004 will be as follows ; $289 . 04 Individual $ 593 . 12 Double $ 852 . 10 Family And be it further 13 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 RESOLVED , Employees , Elected Officials , and retirees shall contribute based on the percentages described in the Town 's Personnel Manual . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 11 - Public Hearing to Consider 2004 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2004 Southern Cayuga Lake Intermunicipal Water Commission Final Budget (Attachment #2 — budget) Supervisor Valentino opened the public hearing at 7 : 15 p . m . There was no one present to address the board and the hearing was closed at 7 : 20 p . m . Agenda Item No . 26 — Consider Approval Of Dental Insurance Supervisor Valentino told the Board that those rates have also gone up , but the employees pay 100 % of the premiums . TB RESOLUTION NO. 2003- 163: Approval of Dental Insurance Plan. WHEREAS , the Town Board of the Town of Ithaca wishes to continue the agreement with Guardian , to provide dental insurance for certain Town of Ithaca employees , retirees and elected officials ; and WHEREAS , the quote from Guardian increases the individual and family monthly rates 12 % for 2004 , which changes the rates as follows : 2003 $ 23 . 52 Individual $63 . 55 Family 2004 $ 26 . 34 Individual $ 71 . 17 Family Increase $ 2 . 82 $ 7 . 62 And WHEREAS , the Town Board has discussed the coverage and the 12 % premium increase as outlined ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor to enter into an agreement with Guardian to provide dental coverage for certain Town of Ithaca employees , retirees and elected officials upon the advice of the Attorney for the Town and the Human Resources Manager; and be it further 14 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 RESOLVED , all participants are required to pay 100 % of the monthly premiums , which are $ 26 . 34 for individual coverage and $71 . 17 for family coverage . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 24 — Consider Approval of Delinquent Water and Sewer Charges for 2004 Town and County Taxes (Attachemnt #3 — delinquent water and sewer charges) TB RESOLUTION NO. 2003= 164: 2004 Water & Sewer Relevy Delinquent 200212003 Water & Sewer Rents. WHEREAS , $ 153 , 335 . 07 of outstanding accounts receivables for water and sewer charges inclusive of penalties and related surcharges for the billing period 12/ 1 /02 , 3/ 1 /03 , 6/ 1 /03 , and 9/ 1 /03 remain unpaid and due to the Town as of October 15 , 2003 ; and TOWN OF ITHACA RECONCILIATION OF RECEIVABLES ITEM# DESCRIPTION WATER SEWER TOTALS 1 Delinquent Relevies $ 919592 . 90 $ 61 , 742 . 17 $ 1537335 . 07 2 Penny Write Offs $ (26 . 29 ) $ 28 . 98 $ 2 . 69 3 Billing Credits $ (21881 . 25 ) $ 510 . 11 $ ( 27371 . 14 ) Account Receivable Balance : $ 887685 . 36 $ 62 , 281 . 26 $ 150 , 966 . 62 WHEREAS , ( Item No . 1 above ) $ 153 , 335 . 07 of delinquent water and sewer charges inclusive of penalties and related surcharges for the billing period 12/ 1 /02 , 3/ 1 /03 , 6/ 1 /03 , and 9/ 1 /03 remain unpaid and due to the Town as of October 15 , 2003 to be relevied onto the 2004 Town and County Tax Bills ; and WHEREAS , ( Item No . 2 above ) $ 2 . 69 of delinquent water and sewer charges to be written off the books ; and WHEREAS , Local Town Law No . 2 of 1976 "WATER RENTS" and Local Town Law No . 6 of 1986 " SEWER RENTS " provides for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a relevy ; NOW THEREFORE BE IT RESOLVED , that this governing Town Board approves delinquent water and sewer charges of $ 91 , 592 . 90 and $ 61742 . 17 , respectively , for relevy to the 2004 Town and County Tax Roll ; and be it further 15 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 RESOLVED , that a certified copy of this resolution along with a listing of those relevied water and sewer charges be given to Tompkins County Assessment Department for adding these delinquent charges to the 2004 Town and County Tax Roll , the Town Budget Officer for accounting purposes , and that Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes . MOVED : Councilwoman Grigorov SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Councilman Burbank asked what the relevying cost residents . Attorney Barney stated it was about 9 % . Councilman Burbank then asked if we had any ability to change that percentage . Attorney Barney told him the charge was set by the County . This is in addition to the late charges the Town has already applied to the bill . Agenda Item No . 27 — Consent Agenda 10B RESOLUTION NO . 2003 =165 : Consent Agenda Items . BE IT RESOLVED , that the governing Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items Numbers a through d as presented . MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . TB RESOLUTION NO , 2003 - 165x : Town Board Minutes . WHEREAS , the Town Clerk has presented the minutes for the Regular Town Board Meeting held on October 2 , 2003 and the Special Town Board Meeting held on September 23 , 2003 , to the governing Town Board for their review and approval of filing ; NOW , THEREFORE , BE IT RESOLVED , the governing Town Board does hereby approve for filing the minutes for the meetings held on October 2 , 2003 and September 23 , 2003 as presented at the November 6 , 2003 board meeting . MOVED : Councilwoman Grigorov 16 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -165b : Town of Ithaca Warrants. WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 7559- 7716 General Fund Townwide $ 245 , 001 . 22 General Fund Part Town $ 61022 . 72 Highway Fund Part Town of Ithaca $ 68 , 939 . 51 Water Fund $ 759007 . 85 Sewer Fund $ 41275 . 11 2003 West Hill Water Improvement $ 4012342 . 33 Bostwick Rd Waterline & Trans . Main $ 371 , 984 . 43 Coy Glen Pump Station $ 127649 . 38 Risk Retention Fund $ 527 . 51 Fire Protection Fund $ 142 , 979 . 07 Forest Home Lighting District $ 175 . 14 Glenside Lighting District $ 62 . 57 Renwick Heights Lighting District $ 87 . 43 Eastwood Commons Lighting District $ 180 . 14 Clover Lane Lighting District $ 20 . 76 Winner's Circle Lighting District $ 60 . 90 Burleigh Drive Lighting District $ 61 . 35 West Haven Road Lighting District $ 238 . 77 Coddington Road Lighting District $ 141 . 03 Trust and Agency Fund $ 550 . 00 TOTAL $ 1 , 300 307 . 22 MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn 17 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003A65c : Bolton Points Warrants . WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now , therefore , be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers . Voucher Numbers : 610-682 Check Numbers : 6795 , 6839-6850 , 6852-6911 Operating Fund $ 1537431 . 12 SCADA $ 59516 . 42 TOTAL $ 158 ,947 . 54 MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO , 2003 -165d : Approval of Revisions to Job Description for Network/ Records Specialist ( Attachment #8 — job description ) WHEREAS , Lisa Carrier-Titti was appointed to the Network/Records Specialist position in September 1998 , based on a job description created on an idea of what the position would entail ; and WHEREAS , over the past 5 years the position has evolved into having a higher emphasis on Network Management , but still a keen responsibility for electronic records management ; and WHEREAS , the Human Resources Manager in conjunction with the Network Records Specialist and the Records Management Officer have evaluated and edited the job description to more accurately reflect the duties and responsibilities of the position ; 18 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 NOW , THEREFORE , BE IT , RESOLVED , the Town Board of the Town of Ithaca does hereby approve the changes made to the job description for the Network/Records Specialist ; and be it further RESOLVED , the Human Resources Manager is hereby directed to file the approved job description with Tompkins County Civil Service . MOVED : Councilwoman Grigorov SECONDED : Councilman Niederkorn VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 28 — Report of Town Committees Transportation Study Councilman Lesser reported that Town has been receiving a good response on the questionnaire they sent out with the newsletter. Over 500 hundred have been received so far. It is a bit of an effort to calculate them , but the department' s intern is doing a conscientious job on it . The Town will , depending upon availability of officers , be getting another round of the selective enforcement . This time particular attention will be paid to South Hill . Agenda Item No . 12 - Public Hearing to Consider the 2004 Town of Ithaca Preliminary Budget as the 2004 Town of Ithaca Final Budget Supervisor Valentino opened the public hearing on the budget at 7 : 30 p . m . She asked those assembled if there was any one present to speak on the budget . Bill Hawley , Senior Citizens Council I 'm Bill Hawley from the Senior Citizens Council and I thank you for this second opportunity to say a few words. ; I 'm very grateful that you 've restored some of our funding in your budget. I would again ask that you take this opportunity to keep our funding at level from last year. I think it's very important at this time for us to have some stability for our planning as well as for your planning into this next year. And if there 's more negotiations with the County or a better way to try to figure out this issue that 's just come to light in the last few days, let 's look at that again, let 's revisit it over the next year, but I 'm looking at deadlines in our own budgeting process and gaps that I 'm trying to fill and I hop that you would support us to at least keep that level of support stable. I heard you say earlier well we have to have contracts with folks, and I believe we have been signing contracts. I think in some of my discussions with folks I might have used the wrong jargon myself because your contract works with us in the same way a lot of grants work with us and I kind of think of it as a grant. But whenever we get a grant, we also have to provide the services and the things that we 've promised we would in a 19 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 grant and I believe we 've been providing those services. I 'm glad to hear the Town is h *mg to have a new rec person and thinking about new ways of doing recreation with your citimm. The one thing I would encourage you is we collaborate with everyone we work v&tt tie County Office for the Aging, the Health Department. We look for collaboration possibes everywhere we can and I would love to continue to work more closely with the Town in twms of providing programming and supporting activities. What I would hope that you wouldat (do is start a new senior program because then I think we are starting to reinvent the wheel. Supervisor Valentino assured him that that is exactly what we do not want to do . Mr. Hawley — A couple of the things that perhaps I didn 't say as well as I should earliers the whole variety of things that we provide . The health insurance counseling for Medkwe, medigap, the wellness programs, the walk programs, the physical exercise programs. 00 of our new programs we 've just started is a lifetime fitness program. Classes three &ME a week, we 're doing them at the senior center in the Town of Dryden, in the Town of EnFaW, we 're trying to get more countywide as possible. Those classes are so popular right tics like we may be able to be doubling up and having two classes at the senior center_ Die reason we may be looking for a third site is we have to pay for licensing fees for each . We have to buy weights for each site . Each site 's sets of weights are $ 700. Just to sl -0e program it was $2, 100 in terms of the weights. I can go on and on in terms aff Me programming and services. Again, I 'm very grateful for the Town 's support. I hope thdou'll take this opportunity to amend your budget tonight to include the extra $4, 200 so that ocan know that funding is at least stable in the next 12 months. Marge Dill , Human Services Coalition I just feel 1 'd be lax as an administrator of an agency if I didn 't advocate on their kiaelf. We 've had a 30-year relationship, it seems that it 's changed abruptly because ofzmme funding confusion between the County and the Towns. I would like to see it continteass it has. I would like to continue to be of use to the Town and of more use with your chaff to come . As I 'm listening to your discussions we 're having a 14 % increase in health instwsece, we had a 15% increase last year. We would like to be able to plan our budget as well a& so if you could see your way to funding us as you have for the last several years it woul . ally make our lives a heck of a lot easier Diane Jayne , Chair of the Joint Youth Commission I 'm just here representing our group in the budget. I would just like to say that / wouldReg to thank the rest of the group on the commission which is Sandra Gateman from the T400 of Ithaca, Barbara Noshantick from the Village of Lansing, Lorraine Moran from the Tk; -1 of Ithaca, and myself from the Town of Ithaca . 1 'd be happy answer any questions. Supervisor Valentino told Ms . Jayne that the recommendations from the Joint Vba uth Commission are all in tact , just the way we received them , in the 2004 Preliminary BudI.A.- There was no one else to speak on the budget and Supervisor Valentino closed th pLblic hearing at 7 : 40 . 20 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Supervisor Valentino spoke to the Board about the proposed budget . She stated it contained an increase for the Recreation Partnership of about $3 , 000 that picks up the decrease caused be reduced funding from the County . There is also $20 , 000 for work that the Town has been doing with the school district and the City Police Department to have a retired police officer work with youth at the high school . There is reduced funding for the Cass Park Facility from $ 112 , 000 . Supervisor Valentino reported she had discussed that funding with the City of Ithaca and basically said that the Town of Ithaca really needs to have documentation of the real costs of those facilities , what the real shortfall is , and how many Town residents use the facilities . The Town of Ithaca is perfectly willing to pay its fair share . Once we have done an evaluation and been able to work with them on identifying the things we have said are important we can call up more funding . She told them that there is $ 50 , 000 in the proposed 2004 budget . She has told them that there would not be more than that unless we get the cooperation and documentation that we need on what is really happening with that facility . There is $30 , 000 in the proposed budget for the recreation and human services position . She and Ms . Drake have a job description ready for review by County Civil Service . The first year they will be spending a great deal of time trying to survey the community and doing evaluations of the programs that we already have . The Board discussed that approving this money in the budget does not create the position ; the board will need to review the job description and vote on whether to create the position . Councilman Lesser wanted assurance that they were planning on a year- by-year commitment stating he thought the idea had a lot of possibilities but did not feel the Town should be in any way getting into a necessarily long-term commitment . Supervisor Valentino stated that if we discover we no longer need the position the Town would not be tied in to the position . Supervisor Valentino recommended putting the Gadabout money , $ 10 , 450 , back into the budget . Supervisor recommended $4 , 200 for the Senior Citizens Council and $2 , 000 for the Human Service Coalition with the understanding that the Town can do a budget amendment once we have sat down and worked on contracts . Councilwoman Grigorov suggested restoring the amount for the Senior Citizens Council to $ 8 , 400 in the hopes there will be reimbursement from the County . Supervisor Valentino doubted that we would get reimbursed from the County but if people want to go to $8 , 400 we should assume that we would be paying it , which she said was fine . Councilman Lesser stated he was a little bit concerned that this takes the pressure off the County to come up with their portion . Mr. Lesser stated he felt that the County has an obligation to meet and what we are saying is really an indirect tax pass through . Mr. Lesser stated the County complains vigorously that the State does this to them and in this case they could well be doing the same thing to municipalities further down . He felt the County should step forward and take responsibility for their budget actions and if they chose not to do this it should be part of public record and should be recognized by the tax paying public . Mr . Lesser' s recommended that the Town should only budget $4 , 200 with the expectation that the County will meet their obligation by paying their amount directly to the agency so the agencies are held harmless . Should the County choose not to meet that obligation then it becomes part of the public record and the Town can reopen negotiations at a near term date and look at increasing funding if necessary . Councilman Lesser felt if the Town puts in the full amount now the chances of the County stepping forward and actually ending up with a net increase is very slight . 21 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Agenda Item No . 13 - Public Hearing to Consider a Local Law to Amend Local Law No . 2 for the Year 1976 , By Adopting a New Water Rate Schedule Effective January 1 , 2004 for Water Rates , Charges , and Other Fees Chargeable to Consumers of Water in the Town (Attachment #6 — local law) Supervisor Valentino opened the public hearing at 7 : 49 . There was no one present to address the Board and the hearing was closed at 7 : 50 p . m . Agenda Item No. 12 - Public Hearing to Consider the 2004 Town of Ithaca Preliminary Budget as the 2004 Town of Ithaca Final Budget (continued) Councilman Burbank stated he was very concerned that the Town continue its support at least at the level at which it has been . Councilwoman Russell stated her support for restoring money to the budget for these agencies . TB RESOLUTION NO . 2003-166 — Restore Funding to Senior Citizens ' Council , Human Services Coalition , and Gadabout RESOLVED that the Town of Ithaca restore funding in the 2004 Budget as . follows to the Senior Citizens ' Council , the Human Services Coalition , and Gadabout as follows : $ 8 , 400 for Senior Citizens ' Council $ 10 , 450 for Gadabout $ 4 , 000 for Human Services Coalition MOVED : Councilwoman Russell SECONDED : Councilwoman Grigorov 'VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Motion carried . TB RESOLUTION NO . 2003-167 — Amend the Preliminary Budget RESOLVED that the Town of Ithaca amend the 2004 Budget on the revenue side in anticipation of $22 , 000 of restored funding from Tompkins County . MOVED : Councilman Lesser SECOND : Councilman Klein VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , nay . Motion carried 22 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Agenda Item No . 14 - Public Hearing to Amend the Agreement of Cooperation Creating the Southern Cayuga Lake Intermunicipal Water Commission Regarding Water Rates (Attachment #4 — agreement) Supervisor Valentino opened the public hearing at 8 : 00 p . m . There was no one present to speak to the issue and the public hearing was closed at 8 : 01 p . m . Agenda Item No . 12 - Public Hearing to Consider the 2004 Town of Ithaca Preliminary Budget as the 2004 Town of Ithaca Final Budget Councilman Burbank stated he was not convinced of the need for or the effectiveness of Sheriff Department personnel in the schools . There was discussion that the Board would be seeing a contract that would need their approval . Councilman Klein stated it looked as though appropriations were up around 10 % and assessments have gone up , which has kept the tax rate level . Supervisor Valentino added that we are also used more fund balance in anticipation of receiving more sales tax . Councilman Klein asked if the increase in the Justice Personal Services line was due to hiring the temporary Justice . Supervisor Valentino said that was the reason for the increase . Councilman Klein questioned the increase in A7110 . 101 Highway Employees from $37 , 000 up to $ 79 , 000 . Mr . Noteboom stated this was in anticipation of Hanna Pew Trail and the extra work they will be doing with Tutelo Park plus the recreation position . Councilman Klein restated his desire that the Town use the Risk Retention Fund to leverage savings in our insurance rates . Agenda Item No . 15 - Public Hearing regarding Change in Sewer Benefit Assessment Rate Supervisor Valentino opened the public hearing at 8 : 15 p . m . There was no one present to speak to the issue and the public hearing was closed at 8 : 16 p . m . Agenda Item No . 18 - Consider Approval of Change in Sewer Benefit Assessment Rate TB RESOLUTION NO . 2003 - 168 : Decreasing Sewer Benefit Unit Charge WHEREAS , the current sewer benefit unit charge for the Town of Ithaca used for the purposes of calculating the sewer benefit assessment is $ 75 . 00 per unit , of which $ 14 . 00 is the assessment applicable to the Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area and the balance relates to the Town of Ithaca Townwide Sewer Improvement Area ; and WHEREAS , said sewer benefit charge was last changed by an increase adopted in November of 1997 applicable to the tax years beginning January 1 , 1998 ; and WHEREAS , the number of benefitted parcels in the Town has increased ; and 23 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 WHEREAS , the Town has extensively reviewed the number of benefit units attributed to various parcels in the Town , discovered a number of under-assessed properties , and has corrected such assessments resulting in a substantial increase in the total number of benefit units in the Town ; and WHEREAS , the debt on the Ithaca Area Wastewater Treatment Plant has now been largely paid , and WHEREAS , because of the increased number of benefit units it is possible to reduce the per unit benefit levy ; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves a decrease in the sewer benefit charge from $ 75 . 00 per unit of sewer assessment to $65 . 00 per unit ; and it is further RESOLVED , that said decreased assessment be the basis for determining the sewer benefit assessment roll for the year 2004 . MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . Agenda Item No . 20 - Consider Adoption of an Amendment to the Agreement of Cooperation Creating the Southern Cayuga Lake Intermunicipal Water Commission Regarding Water Rates ( continued ) TB RESOLUTION NO . 2003 -169 : Approving Amendment to the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing the Water Rate Charges WHEREAS , the Town entered into an agreement of intermunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities , which agreement was restated as of June 5 , 1979 and which agreement has been subsequently amended from time to time ( such agreement as so amended being hereinafter referred to as the "Agreement" ) ; and WHEREAS , the Agreement included a schedule of the water rates to be charged , which schedule has been amended from time to time ; and WHEREAS , the parties to the Agreement wish to amend the Agreement to increase the water rates ; and 24 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 WHEREAS , a copy of the proposed amendment to the Agreement has been submitted to this Board ; 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 November 6 , 2003 , at 8 : 00 p . m . to hear all interested parties on the proposed changes to the water rates and related agreement ; 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 amendment , or any part thereof; and WHEREAS , the Town Board finds it is in the best interests of the Town and its citizens to effect the proposed increases ; NOW , THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby determines , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act [" SEQRA"] ) , that adoption of said proposed amendment is a Type II action , constituting " routine or continuing agency administration and management , not including new programs or major reordering of priorities that my affect the environment : and thus may be processed without further regard to SEQRA ; and it is further RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the amendment to the Southern Cayuga Lake Intermunicipal Agreement amending the water rate schedule to increase the water rates as set forth in the proposed agreement submitted to this meeting , which increase is generally from $ 1 . 79 per thousand gallons of water to $2 . 04 per thousand gallons of water; and it is further RESOLVED , that the Town Board sign such amended agreement as the act of the Town and the Town Board . MOVED : Councilwoman Russell SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser , aye ; Councilman Burbank, aye ; Councilman Niederkorn , aye . Agenda Item No. 16 - Public Hearing regarding Change in Water Benefit Assessment Rate (Attachment #5 — proposed and existing rates ) Supervisor Valentino opened the public hearing at 8 : 20 p . m . There was no one present to speak to the issue and the public hearing was closed at 8 : 21 p . m . Agenda Item No . 19 - Consider Approval of Change in Water Benefit Assessment Rate 25 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 TB RESOLUTION NO , 2003 -170 : Increasing Water Benefit Levy WHEREAS , the current water benefit levy for the Town of Ithaca used for the purposes of calculating the water benefit assessment is $ 54 . 00 per unit; and WHEREAS , said water benefit was established in November of 1997 ; and WHEREAS , the additions to the costs of providing the water services and funding the water systems have increased since 1997 ; NOW , THEREFORE , it is RESOLVED , that the Town Board of the Town of Ithaca hereby approves an increase in the water benefit charge from $ 54 . 00 per unit of water assessment to $ 65 . 00 ; and it is further RESOLVED , that said increased assessment of $ 65 . 00 be the basis for determining the water benefit assessment roll for the year 2004 . MOVED : Councilman Klein SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 21 - Consider Adoption of a Local Law to Amend Local Law No . 2 for the Year 1976 , By Adopting a New Water Rate Schedule Effective January 1 , 2004 for Water Rates , Charges , and Other Fees Chargeable to Consumers of Water in the Town of Ithaca TB RESOLUTION NO . 2003 -171 : Adopting a " LOCAL LAW TO AMEND LOCAL LAW NO . 2 FOR THE YEAR 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTTVE JANUARY 1 , 2004 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA 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 November 6 , 2003 , at 7 :45 p . m . to hear all interested parties on a proposed local law entitled "A LOCAL LAW TO AMEND LOCAL LAW NO . 2 FOR THE YEAR 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 2004 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA" , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and 26 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 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 Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act ["SEQRA] ) , it has been determined by the Town Board that adoption of said proposed ordinance is a Type II action , constituting " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment' and thus may be processed without further regard to SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW TO AMEND LOCAL LAW NO . 2 FOR THE YEAR 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 2004 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA, " 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 : Councilwoman Russell SECONDED : Councilwoman Grigorov ROLL CALL : Supervisor Valentino Voting aye Councilwoman Russell Voting aye Councilwoman Grigorov Voting aye Councilman Klein Voting aye Councilman Lesser Voting aye Councilman Burbank Voting aye Councilman Niederkorn Voting aye The resolution was thereupon declared duly adopted . Agenda Item No . 22 = Consider Adoption of the 2004 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget as the 2004 Southern Cayuga Lake Intermunicipal Water Commission Final Budget 27 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 TB RESOLUTION NO . 2003 -172 : Adoption of Preliminary 2004 Southern Cayuga Lake Intermunicipal Water Commission Budget as the Final 2004 Southern Cayuga Lake Intermunicipal Water Commission Budget WHEREAS , the properly advertised public hearing has been held to consider the adoption of the Preliminary 2004 Southern Cayuga Lake Intermunicipal Water Commission Budget as the Final 2004 Southern Cayuga Lake Intermunicipal Water Commission Budget ; now , therefore , be it RESOLVED , that the Town Board of the Town of Ithaca does hereby adopt the Preliminary 2004 Southern Cayuga Lake Intermunicipal Water Commission Budget as the Final 2004 Cayuga Lake Intermunicipal Water Commission Budget . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell ROLL CALL VOTE : Supervisor Valentino Voting aye Councilwoman Russell Voting aye Councilwoman Grigorov Voting aye Councilman Klein Voting aye Councilman Lesser Voting aye Councilman Burbank Voting aye Councilman Niederkorn Voting aye Motion carried unanimously . Agenda Item No . 23 = Consider Adoption of 2004 Town of Ithaca Preliminary Budget as 2004 Town of Ithaca Final Budget Mr. Carvill asked that the Board confirm his understanding that regardless of whether or not reimbursement was received from the County for the Senior Citizens' Council , Gadabout , and Human Services Coalition the Town Board intended that those monies be paid . The Board stated that was their intention . TB RESOLUTION NO . 2003 -173 : Adoption of the 2004 Town of Ithaca Final Budget WHEREAS , the properly advertised public hearing has been held to consider the adoption of the 2004 Preliminary Town of Ithaca Budget as the 2004 Town of Ithaca Final Budget ; and WHEREAS , the Supervisor presented for Town Board discussion and approval the following increases in the 2004 Preliminary Budget appropriations : A8989 . 401 Gadabout $ 10 , 450 A8989 . 403 Senior Citizens Council $ 8 , 400 A8989 . 404 Human Services Coalition $ 2 , 000 28 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 WHEREAS , the Town Board has discussed and reviewed all modifications to the said budget as presented by the Town Supervisor and Budget Officer; now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby approves and adopts the 2004 Preliminary Town of Ithaca Budget , as presented by the Town Supervisor and Budget Officer, as the 2004 Town of Ithaca Final Budget. MOVED : Supervisor Valentino SECONDED : Councilman Niederkorn ROLL CALL VOTE : Supervisor Valentino Voting aye Councilwoman Russell Voting aye Councilwoman Grigorov Voting aye Councilman Klein Voting aye Councilman Lesser Voting aye Councilman Burbank Voting aye Councilman Niederkorn Voting aye Motion Carried unanimously . Agenda Item No . 7 - Consider Acceptance of Final Generic Environmental Impact Statement for Zoning Revisions as Complete (Attachment #7 — environmental impact statement) Mr . Kanter gave an overview of the Final Generic Environmental Impact Statement . He told the board that it basically incorporates by reference the Draft Generic Environmental Impact Statement and all of the analysis that went into it ; and it includes and responds to all of the public comments that were received until the October 14th comment deadline . They included appendices that include additional information and documentation on some of the subjects that were discussed in the responses . For instances , information about the South Hill Swamp Conservation Zone , the Unique Natural Areas description from the County as well as plant studies . Mr. Kanter asked for questions from the Board . Councilman Niederkorn commended Mr. Kanter on the thoughtful response to the comments that were received . In response to questions from Councilwoman Grigorov , Mr . Kanter stated that if the Board accepts the document tonight the Planning Department would distribute copies to everyone that submitted comments . Tom McMillan , 812 Elmira Road Mr. McMillan addressed the Board from his seat and his comments were not sufficiently audible for transcription . Mr. McMillan expressed concern regarding a possible decrease in property value as a result of being zoned agricultural . 29 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Councilwoman Russell responded stating it' s not clear that property values will go down . What the Town has experienced in Six Mile Creek Valley where the Town has put in place conservation zoning , the property values have not decreased . Councilman Lesser stated he expects what is does is change the character of the community , it must be rather upscale people who are able to pay for a 7-acre lot . Mr. Kanter stated a number of the comments they did get were , in one-way or another, on this subject . Probably 4 or 5 of the comments had to do with the agricultural zoning it as applied to specific properties . We have to go to back to our Comprehensive Plan , our Park and Open Space Plan , as well as the Planning for Agriculture Report to form the basis for this kind of a zoning change . Not to mention 6 or 7 years worth of discussion at all of the various different committee or board levels . This is where that has taken us . Supervisor Valentino read to the Board the petition submitted by Mr. Gildersleeve opposing the reduction of density on West Hill outlined in the proposed zoning . Mr. Kanter stated he had just received comments from State Agriculture and Markets . Mr. Kanter has not yet had a chance to look through it . Councilman Lesser suggested the Town might want to consider appropriating funding for support of Cornell Cooperative Extension ' s help to the farming community . Councilman Niederkorn suggested the Town might want to get a professional opinion regarding the effects of the zoning changes on assessed value . Councilwoman Russell referred him to a paragraph Mr. Kanter had written regarding the impact on Six Mile Creek . Supervisor Valentino stated she is inclined , as the Town moves toward final approval as the Zoning Ordinance , to be more restrictive to start . It is much more difficult to go the other way. You can always adjust . Zoning laws are not set in stone . If you make it less restrictive then to try to make it more restrictive is an awful hard leap to go . It' s much easier to go the other way . Councilwoman Russell stated it is really a key part of the whole zoning , making it work and realize some of the goals of the Comprehensive Plan . Without this restriction of density it is not going to focus development in places where want it to be focused . It is going to sprawl out all over West Hill . Councilman Klein added that it would create , if densities were allowed to go high , problems for the Town in terms of water and sewer. Once that happens , all is lost . The capital expenditures , the rates , the loss of open space , those will all just implode . Councilman Klein stated he thinks it is very theoretical in terms of how it will effect the assessments , but in fact if realtors look at an intensive land use as the best use for a piece of property and the assessments sky rocket , then we are going to have a reverse problem and everybody will be screaming about their high assessments . You ' re faced with a balancing act . 30 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 Mr. Kanter reminded the Board that when they first talked about the contents and outline for the Environmental Impact Statement a couple of years ago , the Town Board made a clear and conscious decision not to do a full fiscal analysis , which is not required under SEQR . Mr. Kanter stated this also has a comment deadline of November 21 , 2003 . There are a few minor corrections on pages 10 , 11 , 13 , 26 and 32 . They are typos and word corrections . There are two corrections that Councilwoman Russell recommended that Mr. Kanter felt were good . One on page 11 , 3rd paragraph , the suggested language change is to strike in the second line the words " is not a taking of property rights" so that the sentence now read , "The proposed rezoning of portions of the above referenced parcels from R30 to Conservation Zone is an exercise of the Town 's police power under state law . The Town Board has the power and responsibility to implement the recommendations of the Comprehensive Plan . . . and believes this action has not affected a taking of Mr. Monkemeyer's property rights under state or federal law . " Instead of making a blanket statement that it is. not a taking , it buffers the statement a little bit . If this is all right with the Board those changes would be made . The other change is on page 17 in the middle paragraph beginning , "As indicated above in response to comments under d " . The next sentence is , "When reasonably related to a public purpose" . Mr. Kanter recommends crossing out " in this case the protection of the Town 's agricultural resources and farmland" . The sentence would then read , "When reasonably related to a public purpose and when allowing for a range of potential uses , courts have found that rezoning is not a taking of property rights and compensation is not required . " It is really saying pretty much the same thing but buffering it a little so that we are not making a prejudgment . The last sentence says , "while this is a noticeable reduction in permitted density the proposed zoning" , cross out " results in a reasonable" and say instead " allows for many potential uses of the property" . TB RESOLUTION NO. 2003= 174: ACCEPTANCE OF FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (GEIS) REGARDING THE PROPOSED REVISED TOWN OF ITHACA ZONING ORDINANCE AND MAP AS COMPLETE FOR PUBLIC REVIEW AND COMMENT. WHEREAS , the Town of Ithaca Town Board is proposing to enact a comprehensive revision of the current Town of Ithaca Zoning Ordinance and Map (Zoning Revisions ) , in order to update the current Zoning Ordinance and Map , and to implement certain of the recommendations of the Town of Ithaca Comprehensive Plan ( adopted by the Town Board on September 21 , 1993 ) ; and WHEREAS , said enactment is a Type I action pursuant to the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law ) and 6 NYCRR Part 617 of its implementing regulations , as well as the Town of Ithaca Environmental Review Law , as enacted by Local Law No . 5 , 1988 ; and WHEREAS , 6 NYCRR Part 617 . 6 ( a )(4 ) allows an agency to waive the requirement for an Environmental Assessment Form ( EAF ) if a draft Environmental Impact Statement ( EIS ) is prepared or submitted , and Part 617 . 10 suggests the use of a Generic EIS ( GEIS ) to assess the environmental impacts of an entire program or plan having wide application or restricting 31 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 the range of future alternative policies or projects , such as significant changes to existing land use plans or zoning regulations ; and WHEREAS , the Town of Ithaca Town Board , in a resolution dated December 10 , 2001 , declared its intent to serve as Lead Agency to conduct the environmental review regarding the proposed Zoning Revisions , and no other involved agencies have been identified ; and WHEREAS , in its resolution dated December 10 , 2001 , the Town Board also declared its intent to prepare a Generic Environmental Impact Statement ( GEIS ) , pursuant to the provisions of 6 NYCRR Part 617 . 10 , in order to evaluate the potential environmental impacts of the proposed revisions to the Town of Ithaca Zoning Ordinance and Map ; and WHEREAS , the Town Board determined that a formal scoping process for said GEIS would not be implemented ; and WHEREAS , the Town of Ithaca Planning Department has prepared a draft GEIS regarding the proposed Zoning Revisions , dated September 8 , 2003 , and submitted said draft GEIS to the Town Board for consideration of acceptance as complete ; and WHEREAS , the Town Board established itself as Lead Agency and accepted said draft GEIS as complete on September 8 , 2003 , and distributed said draft GEIS for public review and comment , and filed notice of completion of the draft GEIS pursuant to the requirements of 6 NYCRR Part 617 . 12 , and WHEREAS , the Town Board held a public hearing on October 2 , 2003 to consider comments from the public regarding the draft GEIS , and accepted written comments on the draft GEIS until October 14 , 2003 , and WHEREAS , the Town of Ithaca Planning Department has prepared a Final GEIS regarding the proposed Zoning Revisions , dated November 6 , 2003 , which includes copies of all of the public comments received regarding the draft GEIS , responses to those comments received which are substantive , and incorporates the draft GEIS by reference and revisions and amendments thereto , and submitted said Final GEIS to the Town Board for consideration of acceptance as complete ; and WHEREAS , the Town Board has reviewed said Final GEIS at its meeting of November 6 , 2003 ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Town Board hereby finds that the Final GEIS for the proposed Town of Ithaca Zoning Revisions dated November 6 , 2003 is complete and is satisfactory with respect to its content and adequacy for the purpose of distributing said Final GEIS for public review and consideration , and hereby accepts said Final GEIS as complete , pursuant to 6 NYCRR Part 617 . 9 ; and BE IT FURTHER RESOLVED , that the Town of Ithaca Town Board hereby directs the Town of Ithaca Planning Staff and the Town Clerk to take those steps , including filing a Notice of Completion of the Final GEIS , as required under 6 NYCRR Parts 617 . 9 and 617 . 12 , 32 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 distributing the Final GEIS to involved and interested agencies and the public , as may be necessary or appropriate in order for involved or interested agencies and the public to consider the Final GEIS , and BE IT FURTHER RESOLVED , that the Town of Ithaca Town Board will accept comments regarding the Final GEIS until November 21 , 2003 . MOVED : Councilman Klein SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov ; aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO. 175 — ACCEPT CHANGES IN THE FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (GEIS) RESOLVED the Town Board accepts the changes recommended by the Town Planner on pages 11 and 17 MOVED : Councilman Klein SECONDED : Councilwoman Grigorov VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 - 176 : SET PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING AND RE - ENACTING THE TOWN OF ITHACA ZONING ORDINANCE INCORPORATING THE COMPREHENSIVE ZONING REVISIONS RESOLVED , that the Town Board hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York on the 8th day of December, 2003 at 6 : 30 p . m . for the purpose of considering a local law amending and re-enacting the Town of Ithaca Zoning Ordinance incorporating the comprehensive Zoning Revisions , and it is further, RESOLVED , that at such time and place all persons interested in such local law may be heard concerning the same , and it is further, RESOLVED , that the Town Clerk is hereby authorized and requested to publish a notice of such public hearing in the Ithaca Journal , published in the City of Ithaca , Ithaca , 33 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 New York , and to put a copy of such notice on the Town Notice Board , said publication and posting to occur no less than 10 days before the day designated above for the public hearing . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Agenda Item No . 29 — Report of Town Officials ( attachment — monthly reports) Highway Superintendent Mr . Noteboom stated the Town had received a letter from a resident requesting a school speed zone at Northeast School . Mr. Noteboom reported that everything is in place that fits the criteria for a school speed zone and asked the Board to pass a resolution requesting a speed zone that could be passed on to the State . TB RESOLUTION NO . 2003 =177 — REQUEST FOR A SCHOOL SPEED ZONE IN THE AREA OF THE NORTHEAST SCHOOL . RESOLVED that the Town Board of the Town of Ithaca requests that the State of New York establish a school speed zone at Northeast Elementary School at Winthrop Drive . MOVED : Supervisor Valentino SECONDED : Councilman Lesser VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Mr . Noteboom asked the Board to pass a resolution to establish the correct spelling for Siena Drive . Currently the post office and 911 recognize only "Sienna Drive" with two "n "s . TB RESOLUTION NO . 2003 - 178 — Establish Spelling of Siena Drive RESOLVED that the Town Board of the Town of Ithaca changes the spelling of Sienna Drive to Siena Drive . MOVED : Supervisor Valentino SECONDED : Councilwoman Russell 34 November 6 , 2003 Regular Town Board Meeting Approved December 8, 2003 VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . TB RESOLUTION NO . 2003 -179 — EXTEND LEAF COLLECTION TO NOVEMBER 14 , 2003 RESOLVED that the Town Board of the Town of Ithaca extends the period of leaf collection and will be making their final pass vacuuming leaves stating on November 4 , 2003 and continue until finished . MOVED : Catherine Valentino SECONDED : Councilwoman Russell VOTE : Supervisor Valentino , aye ; Councilwoman Russell , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Lesser, aye ; Councilman Burbank , aye ; Councilman Niederkorn , aye . Councilman Klein commented on the traffic problems at Northeast School created by the buses parking along Winthrop Drive . Mr. Klein felt they create a hazardous situation . Adjournment On motion by Councilman Lesser , seconded by Councilman Burbank , the meeting was adjourned at 9 : 30 p . m . Respectfully submitted , Tee-Ann Hunter ° Town Clerk NEXT REGULAR MEETING — December 8, 2003 35 TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Thursday , November 06 , 2003 (PEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION Ail Cie �7 Lam, TV-14 &7q e/wiy sti 6VI / �LC1�� _ �- -��� �' vl„� r.—c.(�-�-� c• ,�Gc,.0 � Lcl'tE�� ��" i r TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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: LEGAL ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARING 2004 ASSESSMENT ROLLS FOR SPECIAL BENEFIT DISTRICTS Location of Sign Board Used for Posting : Town Clerk ' s Office 215 North Tioga Street Ithaca , NY 14850 .te of Posting : Wednesday , October 8 , 2003 to of Publication : Wednesday , October 15 , 2003 c� Tee-Ann Hunter , Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15'h day of October 2003 . --t Notary Public CARRIE WHITMORE Notary Public , State of New York No . u1WH6052877 Tioga county Commission Expires December 26, 2�%( NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN that the Town Board of the Town of Ithaca will hold a public hearing for consideration of the 2004 Assessment Rolls for Special Benefit Districts: 7:00 p.m. - Forest Home Lighting District 7:01 p.m. - Glenside Light- ing District 7:02 p.m. - Renwick Heights Lighting District 7:03 p.m. - Eastwood Commons Lighting District 7:04 p.m. - Clover Lane Lighting District 7:05 p.m. - Winners Cir- cle Lighting District 7:06 p.m. - Burleigh Drive Lighting District 7:07 p.m. - West Haven Road Lighting District 7:08 p.m. - Coddington Road Lighting District 7:09 p.m. - Water Im- Provement Benefitted Area 7: 10 p.m. - Sewer Im- provement Benefitted Area on the 6th day of November 2003, at 215 North Tioga Street, Ithaca, New York. At said time the Town Board will hear any persons inter- ested in said assessment rolls. Individuals with visual or hearing impairments or other special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request to the town clerk not less than 48 hours prior to the time of the public hearing. Tee-Ann Hunter, Town Clerk October 15, 2003 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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: LEGAL ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARING SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGET Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , NY 14850 to of Posting : Wednesday , October 8 , 2003 to of Publication : Wednesday , October 15 , 2003 z Tee-Ann Hunter, Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15" day of October 2003 . Notary Public CARME WHITMORE Notary Public , State of New -Yock NG . 01 WI-16-052877 T Toga County _ commission Expires December--R&, TOWN OF ITHACA NOTICE OF PUBLIC HEARING SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION (SCLIWC) PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN, that the Prelimino- ry Budget of the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) for the fiscal year eginning January 1 , 2004, has been completed and filed in the Office of the Ithaca Town Clerk at 215 North Tioga Street, Ithaca, New York, where it is available for inspection by any interested person during normal business hours, Monday through Friday, 8 :00 a .m . to 4:00 p.m .; and FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Ithaca will meet and review said Preliminary Budget and hold a public hearing there- on at the Town Hall at 7: 15 p.m . , on the 61h day of No- vember 2003, and that at such hearing any person may be heard in favor of or against any item or items therein contained; and FURTHER NOTICE 15 HEREBY GIVEN, individu als with visual impairments, hearing impairments or oth- er special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing . Tee-Ann Hunter Town Clerk October 15, 2003 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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: LEGAL ADVERTISEMENT: TOWN OF ITHACA NOTICE OF PUBLIC HEARING TOWN OF ITHACA 2004 PRELIMINARY BUDGET Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday, October 8 , 2003 to of Publication : Monday, October 13 , 2003 k J Tee-Ann Hunter, Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 14th day of October 2003 . Notary Public CARRIE WHITMORE Notary Public , state of New York No , 01 W H6052877 Tioga County Commission Expires December 26. TOWN OF ITHACA NOTICE OF PUBLIC HEARING PRELIMINARY BUDGET NOTICE IS HEREBY GIV- EN, that the Preliminary Budget of the Town of Ithaca for the fiscal year beginning January 1 , 2004, hos been completed and filed in the Office of the Ithaca Town Clerk at 215 North Tioga Street, Ithaca, New York, where it is available for inspection by any interested person during normal business hours, Monday through Friday, 8:00 a .m , to 4 :00 p.m. ; and FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Ithaca will meet and review said Preliminary Budget and hold a public hearing there- on at the Town Hall at 7:30 p. m . , on the 6th da of No- vember 2003, andythat at such hearing any person may be heard in favor of or against any item or items therein contained; and PURSUANT to Section 10 of the Town Law, the ppro- posed salaries of the folbw- ing Town Officers are here by specified : Town Supervisor $ 43,000 Town Councilperson (6) $ 7, 570 each Town Justice (2) $ 14, 472 each FURTHER NOTICE IS HERE- BY GIVEN, individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desir- ing assistance must make a request not less than 48 hours prior to the time of the public hearing. Tee-Ann Hunter, Town Clerk October 8, 2003 October 13 , 2002 " 'I TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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: LEGAL ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARING TO AMEND THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION INTERMUNICIPAL AGREEMENT INCREASING WATER RATES FROM $ 1 . 79 TO $ 2 . 04 PER THOUSAND GALLON Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Wednesday , October 8 , 2003 Date of Publication : Wednesday , October 15 , 2003 tit , z Tee-Ann Hunter , Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15`h day of October 2003 . Notary Public CARRIE WHITMORE Notary Public , State of New York No . 01 V•: H*6052877 Toga County � . Commission Expires December 26, rC.�- -- TOWN OF ITHACA NOTICE OF pUBLIC HEARING NOTICE IS p HEREBY GIVEN w" be held belfare the Town Board of the Town of Ithaca at 1 0 io a Street, Ithaca, ew York, n the 6th day of November 2003 at 8:00 p amen er in ord to consi to the dSouthem Cay 9a Lake Intermunicipol Water Commission Intermunicipal Agreement Increasing the Water Rates thousand gol- $2 .04 p Ions, and NOTICE IS FURTHER GIVEN that all HEREBY persons at the lace shalt tioned time and place be afforded ffre oproval or to' voice their apt? opposition to saio amend- Legals ment. Copies of said pro- posed rote schedule are available for review at the Town Clerk's office at the above address during regu- lar office hours; and FURTHER NOTICE IS HEREBY GIVEN that indi- viduals with visual impair- ments, hearing impairments or other special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing . Tee•Ann Hunter Town Clerk October 15, 2003 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee -Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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 ) : Legal Advertisement : NOTICE OF A PUBLIC HEARING ON NOVEMBER 6 , 2003 AT 8 : 15 P . M . TO CONSIDER A DECREASE IN THE SEWER BENEFIT ASSESSMENT RATE FROM $ 75 PER BENEFIT ASSESSMENT UNIT TO $ 65 Location of Sign Board Used for Posting : Town Clerk ' s Office 215 North Tioga Street Ithaca , New York 14850 to of Posting : Wednesday , October 22 , 2003 ate of Publication : Friday , October 24 , 2003 7 , Tee -Ann Hunter , Town Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this 2 rl -'day of t ^ C Flo 6e r , 2003 . Notary ublic LORI L. QUIGLEY Notary Public, State of New York No , 01 QU601 2333 Oualified in Commission Expi es August 20, 20 eie IJOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of hoca will hold a public hearing on Novem ber 6, 2003 at 8: 15 p.m. at Town Hall; 215 North Tiogga Street, Ithcca, New York for the pwpo=e of considering a ecreose in the sewer $benefit assessment rate from 75.00 per benefit assess. ment unit to $65.00 per benefit assessment unit qt that time the Board will hear any individuals in Favor of or opposed to said change. Individuals with visual hearing impai or rments or o6 er special needs will be Provided with assistance as necessary upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the Public hearing. Doted: October 22, 2003 Tee-Ann Hunter Town Clerk October 24, 2003 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee -Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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 ) : Legal Advertisement : NOTICE OF PUBLIC HEARING ON NOVEMBER 6 , 2003 AT 8 : 20 P . M . TO CONSIDER AN INCREASE IN THE WATER BENEFIT ASSESSMENT RATE FROM $ 54 PER BENEFIT ASSESSMENT UNIT TO $ 65 . Location of Sign Board Used for Posting : Town Clerk ' s Office 215 North Tioga Street Ithaca , New York 14850 to of Posting : Wednesday , October 22 , 2003 to of Publication : Friday , October 24 , 2003 Tee-Ann Hunter, Town Clerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) F=� Sworn to and subscribed before me this,' day of 2003 . r_t Notary Public LORI L. OUIGLEY Notary Public, State of New York No . 01 O U6012333 Oualified in Tompkins County x Commission Expires August 20, 20j„g NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold o public hearing on Nave, ber 6, 2003 at 8 : 20 p.m . at Town Hall, 215 North Tiogo Street, Ithaca, New York For the purpose of considering i an increase in the water , benefit assessment rate from $54.00 per benefit assess. ment unit to $65, 00 per benefit assessment unit. At that time the Board will hear any individuals in favor of or opposed.to said change. ` Individuals with visual or ` hearing impairments or otP, er special needs will be ` provided with assistance as . necessary upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the Public hearing. Dated: October 22, 2003 Tee-Ann Hunter Town Clerk October 24, 2003 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York and 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: LEGAL ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARING " A LOCAL LAW TO AMEND LOCAL LAW NO . 2 FOR THE YEAR 1976" Increasing Water Rate Charged for Water Consumption from $ 2 . 95 to $ 3 . 20 per thousand gallon Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Ite of Posting : Wednesday , October 8 , 2003 Date of Publication : Wednesday , October 15 , 2003 Tee-Ann Hunter, Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 15'h day of October 2003 . Notary Public CARRIE WHITMORE Notary Pu ': lic , State of New York No . 01 WH6052877 Tioga County Commission Expires December 26, TOWN OF ITHACA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hear- ing will be held before the Town Board of the Town of Ithaca at 215 North Tioga Street, Ithaca, New York, on the 61h day of November 2003 at 745 p.m. in order to consider, "A LOCAL LAW TO AMEND LOCAL LAW NO. 2 FOR THE YEAR 1976, which amendment would increase the water rate charged for water con- sumption in the Town from $2 -95 per 1 ,000 gallons to $3 .20 per 1 ,000 gallons; and FURTHER NOTICE IS HEREBY GIVEN that all persons at the oforemen. tioned time and place shall be afforded the opportunity to voice their ap roval or opposition to said Focal law. Copies of said proposed lo- cal law ore available for re- view at the Town Clerk's of- Tice at the above address during regular office hours; and FURTHER NOTICE IS HEREBY GIVEN that indi- viduals with visual impair- ments, hearing impairments or other special needs will be provided with assistance as necessary, upon request. Persons desiring assistance must make a request not less than 48 hours prior to the time of the public hearing. 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In N O\ O \J W) O M O\ N O O\ O M � �o 00 cC OZ p .. 64 bs 6s 64 bs EA 6S 64 6s 6s 6A 64 64 bs 6s 46S 6s 69 f 6R Ess 6R ER 69 f 9 bR 61s cr W Q W p � Z ct � U cn c 3 0 �i o 0 o Q wo ° > m Q > ; CIO un ~ Z Q N O Z U a U W W (� Q a) U x W x W F- z 0 M M O M o0 M Vi N O tn N C\ in '-+ IT 00 00 O O M M O 0 Z) qv qIT r� �O `D 00 00 0\ 'o M O >- O\ Q\ 0\ O O O 7=1 M D\ 0\ 0\ O N (.) m M M M M Mqlv moo W Z W w cn W co F- o w � T T 0 Q 0 November 6 , 2003 Town Board Meeting ATTACHMENT # 4 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE WATER RATE SCHEDULE THIS AGREEMENT to change Water Rate Schedule is made as of the Ist day of January , 2004 , between the TOWN BOARD OF THE TOWN OF DRYDEN , Tompkins County , New York , on its own behalf and on behalf of all water districts in the TOWN OF DRYDEN served by the Southern Cayuga Lake Intermunicipal Water Commission , (hereafter referred to as "Dryden") , the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County , New York ( hereinafter referred to as " Ithaca" ) , the TOWN BOARD OF THE TOWN OF LANSING , Tompkins County , New York , on its own behalf and on behalf of all water districts in the TOWN OF LANSING served by the Southern Cayuga Lake Intermunicipal Water Commission , ( hereinafter referred to as "Lansing Town ") , VILLAGE OF LANSING , on its own behalf and as successor to LANSING WATER DISTRICT 1 , Tompkins County , New York , ( hereinafter referred to as "Lansing Village" ) , and VILLAGE OF CAYUGA HEIGHTS , Tompkins County , New York, (herein after referred to as "Cayuga Heights" ) , all of the parties hereto sometimes collectively or individually referred to hereinafter as "Municipalities" or "Municipality" , WITNESSETH : WHEREAS , the above named municipalities have entered into an amended , supplemental , restated and consolidated agreement of municipal cooperation for construction , financing and operation of an Intermunicipal water supply and transmission system dated as of June 5 , 1979 as the same has been amended from time to time (the " Agreement") ; and WHEREAS , pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "Commission") , water revenues based upon , . part , a water rate schedule annexed as Exhibit I of Schedule A to the Agreement ; and WHEREAS , based on changes in costs , the Commission believes it is advisable to adopt a new water rate schedule in the form annexed to this modification agreement ; and WHEREAS , Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties ; and WHEREAS , Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS , the parties believe it is necessary to amend Exhibit I of the Schedule A further; and WHEREAS , the parties are willing to agree to such change ; NOW , THEREFORE , in consideration of the premises and the mutual undertakings of the parties Pursuant to the Agreement , the parties hereby agree that Exhibit I of Schedule A annexed to the Agreement be amended effective January 1 , 2004 to read as set forth on the Exhibit I annexed hereto , and such exhibit is adopted as Exhibit I, the water rate schedule , for all purposes under the Agreement . Page 1 of 5 This modification agreement may be executed in multiple counterparts which , when taken together, shall constitute a complete document even though each of the counterparts may not bear the signatu of all of the parties . IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and year set forth above . TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF DRYDEN SERVED BY THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TOWN BOARD OF THE TOWN OF 1THACA Page 2 of 5 TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF LANSING AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF LANSING SERVED BY THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION VILLAGE OF CAYUGA HEIGHTS By : Per Resolution # Dated , 2003 VILLAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR TO LANSING WATER DISTRICT I By : Per Resolution # Dated , 2003 Page 3 of 5 EXHIBIT I SCLIWC - BOLTON POINT WATER SYSTEM 2004 WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 2004 RATE STRUCTURE : The flat rate charge per 1 ,000 gallons shall be non - fluctuating and equal to two dollars and four cents ($2 . 04) . This rate is equal to one dollar and fifty -three cents ($ 1 . 53) per 100 cubic feet . The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1 , 2004 . Actual or base consumption may occur prior to January 1 , 2004 . MINIMUM BASE CHARGES : Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to the meter size indicated below , for regular quarterly bills sent after January 1 , 2004 . The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded : BASE_.___..�.�....-- MINIMUM BASE .__ METER SIZE CONSUMPTION CHARGE (INCHES ) (GALLONS ) (DOLLARS ) 3/4 107000 20 .40 1 307000 61 . 20 1 - 1 /2 45 ,000 91 . 80 2 90,000 183 . 60 3 1407000 285 . 60 4 200,000 408 .00 6 350, 000 714 . 00 Multiple Housing and mobile home parks of over two dwelling units , using a master meter, will be computed as follows : The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered . If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three -quarter inch meter (e . g . , if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 100 ,000 gallons , the Commission billing would be $408 . 00 ( 20 units times $20 .40) rather than $204 . 00 ( 100 ,000 gallons at $2 . 04/ 1000 gallons):) Page 4of5 An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year . The annual charge for this service shall be $ 20 . 00 per diameter inch of the pipe supplying the fire suppression system . The pipe supplying the fire suppression system is the pipe needed to supply the fire suppression system , installed downstream of the system control valve . The water application fee shall be $ 125 . 00 for each new service for which application is made after January 1 , 2004 , plus the cost of a meter, tap , accessory materials and installation costs in a location approved by the Southern Cayuga Lake Intermunicipal Water Commission . Page 5of5 November 6 , 2003 Town Board Meeting ATTACHMENT # 5 Proposed 2004 WATER RATE SCHEDULE FOR THE TOWN OF ITHACA BENEFIT ASSESSMENT PER UNIT $65 . 00 Charged on annual Town tax bill WATER RATES PER 1000 gal . CONSUMPTION $3 . 20 MINIMUM WATER CHARGE with allowable Consumption based on meter size METER SIZE GALLONS MIN , CHARGE 3/4 " 10 , 000 $32 . 00 1 " 30 , 000 $96 . 00 1 - 1 /2 It 453000 $ 144 . 00 2 " 901000 $288 . 00 3 " 140 , 000 $448 . 00 4 " 200 , 000 $640 . 00 6 " 3505000 $ 1 , 120 . 00 Proposed 2004 SEWER RATE SCHEDULE FOR THE TOWN OF ITHACA BENEFIT ASSESSMENT- PER UNIT $ 65 . 00 Charged on annual Town tax bill SEWER RATE PER 1000 gal . CONSUMPTION $2 . 20 MINIMUM SEWER CHARGE Based on 8 , 000 gallons $ 17 . 60 minimum consumption SEWER CHARGE FOR UN - METERED SEWER CONNEI $37 . 60 Based on consumption of 17 , 000 gallons 10/22/2003 14 : 32 drw <water& sewerrates2001 > 2001 WATER RATE SCHEDULE FOR THE TOWN OF IT ( also rates for 2002 BENEFIT ASSESSMENT PER UNIT $54 . 00 Charged on annual Town tax bill WATER RATES PER 1000 gal . CONSUMPTION $2 . 95 MINIMUM WATER CHARGE with allowable Consumption based on meter size METER SIZE GALLONS MIN , CHARGE 3/4 " 109000 $29 . 50 1 " 30 , 000 $88 . 50 1 - 1 /2 45 , 000 $ 132 . 75 2 " 90 , 000 $265 . 50 3 " 140 , 000 $413 . 00 4 " 200 , 000 $590 . 00 6 " 350 , 000 $ 1 , 032 . 50 2001 SEWER RATE SCHEDULE FOR THE TOWN OF ITHACA BENEFIT ASSESSMENT- PER UNIT $75 . 00 Charged on annual Town tax bill SEWER RATE PER 1000 gal . CONSUMPTION $2 . 20 MINIMUM SEWER CHARGE Based on 8 , 000 gallons $ 17 . 60 minimum consumption SEWER CHARGE FOR UN - METERED SEWER CONNEi $37 . 60 Based on consumption of 17 , 000 gallons 10/22/2003 14 : 32 drw <water& sewerrates2001 > November 6 , 2003 Town Board Meeting ATTACHMENT # 6 [PYNEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY , NY 12231 ( Use this form to file a local law with the Secretary of State. ) Text of law should be given as amended . Do not include matter being eliminated and do not use italics or underlining to indicate new matter . County City Ithaca — — Town Village Local Law No_ - - - - - - - - - _ _ _ 6 - - - - - - - - - - - - - - - - - - - - - - of the year 20. 03 A local law _ _ _ _ _ _ _ TO AMEND LOCAL LAW N0 , 2 FOR THE YEAR 1976 , BY ADOPTING �/r�rrt rJlr/ A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 t 2004 FOR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Be it enacted by the Town Board - - - - - - - - - - - - - - - - -Town - Board- - - - - - - - - - - of the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Nameo/ Legulative Body) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ @4'3` of - - - - - - - - - - - - - - - - - - - - - - - - Ithaca- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : Town Vil l agQ ( See attached pages 1 through 3 ) (If additional space is needed , attach pages the same size as this sheet , and number each .) (X)S - 39 ( Rrv . 1 1 /99) ( 1 ) T ( AVIV ( ) F ITHACA LOCAL LAW NJ ) . ti ( ) F " fHF, YFAR 2003 A LOCAL LANV TO AMEND L(WAI, I..- W NO . 'S 14 R " I ' II1" 1' FAR I 7 (i , 11Y ;AD ( _ ) PTING A MAN' \ VATER RATF, SCHI: DITV F, FFf;CTI \ ' 1•: _ ► :ANI ` :� R � " 1 , 2OO��1 FOR WATER RAT FS , CHARG1"S , AND ITIER FFF.S CI1 , ARGFABIT TO CONSIIt\ 114, RS OF WATER IN TFIF, F "1 ( AVA O ITHAC 1 . Bc it cnactcd by the Town hoard ol , the Town of Idlac;I as Inflows : Scc ( ion L Local L; uv No . 2 for the � c; ur 197 ( 1 , adopted Au,;usl 23 , 1976 , and suhsc < Illcnll � amended , is further amended by dcictirl, ( cxccpl as sct lorlh below) the vvalcr r;l( c schcdtdc prcv .iously adopted ;uul inser11110 the water r; Ilc schedule sc ( 161111 in Ibis local Lm'. Section 2 . The provisions re1a611 " to w; iter application Iccs , service laps , meters , inspections , and ; 111 outer provisions contained in local I ; aw No . 2 , 1 ' ) 7 (1 , ; 1s auunded , includin ; such previsions as arc contained in ( lie existing water ridc schcdulc not cxpr-cssl )F ; unendcd by Ilhis local law or in the auncxcd water rate schedule , remain in VIII lorcc and cllcc ( and arc not dcictcd l )v this local law . Section 3 . Notwithstandin;; [ hc of the aune .Xed hater rate schedule , it,' 111crC arc esistimg contracts behwecn a hulk user and the Town pursuant to kwhich the 1,0 1 1 , for other considerations , agreed to cliai;�gc a water race dillcrcnt than that, reeluired by the annexed sche( Iule , [lie Towwn ma)' continue to honor such contracts ; it the rates therein prescribed or at such other ra( es ; is ni ; t� be ;forced to between the Town of I1hac ;1 ; 111 ( 1 the other contract parly . Nothing in this section Shall preclude ( lie Town 11 ' it decius i ( ; Idvis; lble , front ch ; uriin said bull: user the talcs th ; a( world othCI-R'ISc be required by this local Law , SCetloll I. . In ( he cAr11 ( that ;111Vr portion of ( his Ioc ; II law is decl ;u cd im ;di < I by ;1 ( inal order oI ; I court of competcnl jurisdiction , the vrlIldity of the rcucainin,f ) portions shall no ( be allcctcd h \ sncli dccl ; u ation of invalielMP . Section .; . This loc; II hw shall t ; Ikc cllccl live d ;a \ s ; af( cr its adol ) lion OF upon its JI Ing wilh the Sccrctmly of State of Ibe Slate of Ncw Yolk except that dic water rate srhednle ;uuicxe (1 hereto shall beeolllc cllccliV 'c with respcet to all bills issued oil or allcr . ► ama ; u �' I , 200 L 1 IVurer Rwe Amcminew04 LaciI1 ,rm . IIpS. 1J: Hut: 10111/m( fI L )( nl L< mc. Notembr) la. 200; � P ) vVN ( ) r rIlFIACA \ VAFI1' R ki-VIT') SCIII'Mn [ . 19: F' II 'cclIVC J ; ulu >u-\ 1 . 200 1 The ratc ch ;uq�)etl for watcr OMSIIIul ) tio11 shall be .ti �1 . 20 I ) cr 1 . 000 gallons . This rate is equal to S, 2 . 10 I )cr 100 cubic Icct . ' l ' hc forc ,oink ) rate « ill be the rate char ctl for ; 111 I col 11 ; 11- cl11 ; u- IcrlN' hills 4"c11t ;dtcr . j ; muary 1 . 200 1 . Acw1d or base cons1111t1 ) tio11 mad occur I ) I fol 11 200 1 . Note ilhstaWllillu Illc [ores;oiW " Talcs the 1011 ( m, 111 " nlininrtull base ch .u-;;cs shall be ; 11 > I )licahlc to the 111elc1. sire IIIdIcatctl below Tor regular tl11arlcrl � bills issucli oW ; 111 ( 1 altcrJanu . u � 1 . 2001. . " rite table bc1mv also shows the amount of w; ttcr consunllxil , n that is I )crnlilicci bcli > re the Iuininllun 1 ) asc chal;,c taoulcl he cxcccllc ( l : METFIR SI % 11: BAS 14" NIINIiN/lltIM 0NCFI14:5 ) CONSI AIPTION CHARGI�: ( in Canons) ( ( ) 000 ,1) 2 . 00 l ,-10 , 000 S 0 ( 1 . 1 )0 l - 1 % 2 1 .5 , 000 l 1- 1, 00 90 , 000 S 28 . 00 �> 1 10 . 000 1 18 . 00 1 200 , 000 ti ( ) 1,0 . 00 x ,50 , 000 I . 120 . 00 MultIpIc Hotlsitl ;md 11lohilc honk 1 ),11 1) s o1 2 divC liuri tulils , llsill a ► Waster nlctcr , will he co1111 ) ulccl as Iodlwvs : Tllc clu ; n tcl lv 111aslcr nlctcr rcalli11 ,, mil he dI \ itictl b\ - tllc number oftkvcl III " ulliis a11cl the wt ilcr ( . 11 ; 11 -( ) c will he li to ccl on this 111u11hcr ; ls it the 1111111 % v ; ls i11cli \ idluilk Illot'. 1cd . I l lc w; llcr dulr(,c ( bill I11c11 he nitlltil ) Iicd bv the 1111111bcr of Units ( m the 111 ; tslcr nlctcr ;ulll this vv 11 he the 1 ) 111111 , rcn < Icrccl . If 111c ( . al ( lllaliu11 ( ) 1 11 w; Ocr consnlnctl pci Iht�clliuc � 111111 is Icss Ihan tllc ;I11( m ; lhlc t ' o11sIIIIIp iv11 fur ; 1 Illrcc - Iluartcr IlIch nlctcr . I1c11 the hIIIIII(r will he c ; Ilt I11l ; llcll by 11nlllillbirl the tVotci L ( it Lnr. up& o. Heil. JCH liliorcr Lo ( (11 Lou r. Nt ) rrnnbrr lJ. ?003 7: _1i1 �1/ niuul > Cr o units o l l I l i c Illasicr IIIcIcr ( uIics I I I c niiniinuIII cjmrov I '( W a tIu-cc-quarter inch IIIOcr there N crc 20 ( hivllirn 1111iis (m 1110 uristcr nlcicr , an ( l to l ; ll xv;llcr cousunll ) ( iOn shown bN' tlic nlaS ( cr HIClcr WAS 100 , 000 : ill < nis , ilic I � illin WMIld be S6 10 . 00 ( 20 1111 ' ( S tin1CS .$:19 , 00) rI111cr 111 ; 111 ti ;�; 2O . UU ( 1 ( 1( 1 . ( 100 ; III < insIIIII C 's ti3 . 2W1 . ( 1( N ) , ill ( ) ns) ) . ( Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable .) 1 . ( Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto , designated as local law No . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 03 of the ( y)O(To wn) O of - - - - - - - - - Ithaca_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed b the - - - - - - - - - - - - - - - - - - - - - Town - _ Board _ _ _ _ _ _ _ _ _ _ _ _ _ Noy_, _ _ 6_ _ _ - - 20 0. 3 y _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ , to accordance with the applicable provisions of law . (Name of Legulative Body) 2 . (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officers .) 1 hereby certify that the local law annexed hereto , designated as local law No . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20_ _ _ _ _ _ . . . .- .. ,: 1 , 01 the ( COuntYl� Cit -y' f� rOwr�) ` vtt , aggc ) oL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ Was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - - - , and was (approved )( not approved ) ( repassed after (Nome of Legulative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on - - _ - - - _ _ _ _ _ _ _ _ _ _ - - (Elective Chief Executive Officer ') 20- - - - > in accordance with the applicable provisions of law . 3 . (Final adoption by referendum . ) I hereby certify that the local law annexed hereto , designated as local law No . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20- - -- - - - of the (County )( City ) (Town ) (Village ) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - _ - - _ _ - - _ - _ - - - _ _ _ was duly passed by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - 20- - - - , and was ( approved) (not approved)(repassed after (Name of L rgularive Body) disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- - - - - - - - - - - - - - - - - - 20 Such local law was submitted (Elective Chief Executive Officer') to the people by reason of a ( mandatory) (permissive) referendum , and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral )(special ) ( annual ) election held on - - - - - - - - - - - - - - - - - - 20 _ _ _ , in accordance with the applicable provisions of law . 4 . ( Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) 1 hereby certify that the local law annexed hereto , designated as local law No . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 20 _ _ _ _ _ _ of the ( County ) ( City ) (Town) ( Village ) of - - - - - - - - - - - - _ _ _ - _ _ _ _ - _ _ _ _ _ _ _ _ . _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - , and was ( approved) (not a pp roved )( repassed after /,game of Legulative Body) disapproval ) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -_ - _ _ _ - _ _ _ - on - - - - - - - - - - - - - - - - - -- _ - . - _ 20 _ _ Such local law was sub to (Elective Chief Executive Officer ' ) permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ZQ _ _ _ in accordance with the applicable provisions of law - ' Elective Chief Executive Officer means or includes the chief executive otTicer of a county elected on a county - wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city or village , or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . ( 2) S. ( City local law concerning Charter revision proposed by petition .) I hereby certify that the local law annexed hereto , designated as local law No . _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the City of - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ having been submitted to referendum pursuant to the provisions of section ( 36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special )(general ) election held on _ _ _ _ _ _ _ _ _ _ _ became operative . 20 - - - - 6 . ( County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto, designated as local law No . - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ _ _ of the County of _ State of New York , having been submitted to the electors at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2p _ _ _ _ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- es of said county as a unit and a majority of the qualified electors of the towns of said county considered as a uni voting at said general election , became operative . t (If any other authorized form of final adoption has been followed , please provide an appropriate certification .) I further certify that I have compared the preceding local law with the original on file in this office and that the same Is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in - dicated in paragraph _ _ _ _ 1 _ _ _ _ _ _ - above . Clerk of the County legislative body, City , Town or Village Clerk or officer designated by local legislative body I (Seal) Date : (Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or other authorized attorney of locality.) s't'ATE OF NEW YORK COUNTY OF Tompkins I , the undersigned , hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed'hereto _ Signature L ohn Ce Barney r Title y� T2wn Attorney E um"y Town of Ithaca V+fl-a-g e Date : 11./_1.7103 ( 3 ) Town Board Meeting November 6 , 2003 ATTACHMENT # 7 SEQR TOWN OF ITHACA ZONING REVISIONS (Comprehensive Revisions to Town of Ithaca Zoning Ordinance and Map) FINDINGS STATEMENT State Environmental Quality Review Lead Agency : Town of Ithaca Town Board Project No. : N/A Address . 215 North Tioga Street Ithaca, NY 14850 Pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act) of the Environmental Conservation Law and Local Law No . 5 — 1988 (Town of Ithaca Environmental Review Law) , the Town of Ithaca Town Board, as Lead Agency, makes the following Findings . Name of Action : Revised Town of Ithaca Zoning Ordinance and Map (Zoning Revisions) Description of Action . The proposed action, which is the subject of this environmental review, is the enactment by the Town of Ithaca Town Board of a comprehensive revision of the Town of Ithaca Zoning Ordinance and Map . This is an update and revision of the December 3 , 1997 enacted version of the Zoning Ordinance . Key changes are proposed in areas such as Agricultural and Conservation zones, simplified procedures for Special Permit uses , a new Lakefront Residence zone, a new Office Park Commercial zone, clarification of the purposes and uses in the various Business zones, updated definitions and parking requirements , and other updates and clarifications . Highlights of the significant proposed changes are described in more detail in the Draft GEIS . This has been classified as a Type I action pursuant to SEQR, and the Town Board prepared a Generic Environmental Impact Statement (GEIS ) in order to evaluate the potential environmental impacts of the proposed Zoning Revisions . Location . The proposed Zoning Revisions are town-wide in the Town of Ithaca, Tompkins County, New York. Map 1 in the Draft GEIS shows Existing Zoning. Map 2 in the Draft GEIS shows Proposed Zoning. Comparison maps are also included in the Draft GEIS . Date Final GEIS Accepted : November 6 , 2003 Date Final GEIS Filed : November 7 , 2003 Date of Publication in Environmental Notice Bulletin : November 19 , 2003 SEQR Findings Statement Page 2 of 23 Town of Ithaca Zoning Revisions I . Introduction . This is the Findings Statement for the proposed comprehensive revision of the Town of Ithaca Zoning Ordinance and Map (Zoning Revisions) . The Town of Ithaca Town Board is the Lead Agency, and the only Involved Agency, for this action. This Findings Statement sets forth the basis for the Town Board ' s decision on the proposed Zoning Revisions, based on the information and evaluations contained in the Draft and Final Generic Environmental Impact Statement (GEIS) that has been prepared regarding this action pursuant to the New York State Environmental Conservation Law, Article 8 , as implemented by its regulations (6 NYCRR Part 617) known as the State Environmental Quality Review Act (SEQRA), and the Town of Ithaca Environmental Review Law (Local Law No . 5 , 1988) . This Findings Statement includes a brief description of the proposed action, a description of the SEQRA process, a review of the need and benefits of the proposed action and the alternatives considered, and a review of the environmental impacts and possible mitigating measures or conditions of approval , along with other facts and conclusions in the Generic Environmental Impact Statement (GEIS) relied upon to support the decision to adopt the proposed Zoning Revisions . II . Description of the Proposed Action . The proposed action, which is the subject of this environmental review, is the enactment by the Town of Ithaca Town Board of a comprehensive revision of the Town of Ithaca Zoning Ordinance and Map . Key changes are proposed in areas such as Agricultural and Conservation zones , simplified procedures for Special Permit uses, a new Lakefront Residence zone, a new Office Park Commercial zone, clarification of the purposes and uses in the various Business zones , updated definitions and parking requirements , and other updates and clarifications . The current draft of the proposed, revised Zoning Ordinance is dated December 8 , 2003 , and is based on the January 15 , 2003 draft Zoning Ordinance in Appendix D (Volume II) of the Draft GEIS and the Addendum (Cumulative through October 20 , 2003 ) contained in the Final GEIS . Map 1 in the Draft GEIS shows Existing Zoning districts . Map 2 in the DGEIS shows Proposed Zoning, which is now proposed for adoption by the Town Board as the "Town of Ithaca Zoning Map ," dated August 25 , 2003 . A detailed summary of the proposed Zoning Revisions is included in the Draft GEIS Introduction . The reader is referred to the Draft and Final GEIS document for a complete description of the proposed Zoning Revisions and their associated impacts, possible mitigation measures , and a discussion of possible alternatives that were considered by the Town Board . The Zoning Revisions are proposed for adoption through the enactment of a Local Law amending and restating the Zoning Ordinance . III. State Environmental Quality Review Act Process : For the proposed Town of Ithaca Zoning Revisions , a Draft GEIS was prepared. Generic EIS ' s are often used to evaluate the potential impacts of town-wide rather than site-specific impacts . According to 6 NYCRR Part 617 . 10 (the regulations implementing the New York State Environmental Quality Review Act, or SEQRA) , a Generic EIS may be used to assess the environmental impacts of "(4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to SEQR Findings Statement Page 3 of 23 Town of Ithaca Zoning Revisions existing land use plans, development plans, zoning regulations or agency comprehensive resource management plans . " The proposed revision of the Zoning Ordinance and Map has been classified as a Type I action, pursuant to SEQRA. At it ' s meeting of December 10 , 2001 , the Town of Ithaca Town Board declared its intent to prepare a Generic EIS to review the potential environmental impacts of the proposed revisions to the Zoning Ordinance and Map . Scoping for an EIS is optional , and the Town Board decided in lieu of a formal scoping process to confer with the Codes and Ordinance Committee to determine a preliminary outline for subjects to be included in the Generic EIS . The Generic EIS can be seen as a way to document the proposed changes to the Zoning Ordinance and Map , provide the rationale for some of the significant changes, and demonstrate how significant changes, such as the additional areas proposed for Conservation zoning and the new Agricultural zone regulations, may affect the environmental resources of the Town . It also provides a good format in which to demonstrate consistency with the recommendations of the Comprehensive Plan. Relevant sections can include possible mitigation strategies, if warranted, and alternatives to be considered, if appropriate . The Town of Ithaca Town Board accepted the Draft GEIS as complete on September 8 , 2003 and made the DGEIS available for public review and comment and circulated it to other involved and interested agencies for review and comment. A public hearing on the DGEIS was held by the Town Board on October 2 , 2003 to hear comments from the public regarding the DGEIS and potential environmental impacts of the proposed revised Zoning Ordinance and Map . Comments were accepted until October 14, 2003 . The Final GEIS was accepted as complete on November 6 , 2003 , and the Town Board requested further comments from the public regarding the Final GEIS until November 21 , 2003 , IV. Project Need and Benefits : The Town of Ithaca Comprehensive Plan was adopted in 1993 . Among its primary recommendations is a comprehensive revision of the Town of Ithaca Zoning Ordinance . The Zoning Ordinance has not had a major revision since 1968 , and much of the current text and format dates back to the original Zoning Ordinance . Many of the Comprehensive Plan recommendations relate to needed revisions in the Zoning Ordinance . The comprehensive planning effort was in large part a response to substantial changes that had occurred in the Town of Ithaca ' s physical environment in recent years , and especially to growth that occurred during the 1980 ' s . The Comprehensive Plan identifies a number of deficiencies in the current Zoning Ordinance , as well as a number of new zoning approaches that should be considered. The overriding philosophy of the Comprehensive Plan is to achieve a reasonable balance between growth and protection of the natural environment, while preserving the integrity of existing neighborhoods . Appendix A in the Draft GEIS includes a summary listing of Comprehensive Plan recommended implementation strategies pertaining to suggested Zoning Ordinance revisions . In conjunction with the Comprehensive Plan, other planning tools have been prepared which provide additional recommendations regarding Zoning Ordinance and Map revisions . Planning for Agriculture in the Town of Ithaca (August 1992) was prepared by the Agriculture Committee , and includes a number of recommendations regarding policies and implementation SEQR Findings Statement Page 4 of 23 Town of Ithaca Zoning Revisions measures aimed at protecting agriculture and farmland in the Town of Ithaca. Many of these include specific suggestions for zoning revisions . In addition, the Town of Ithaca Park, Recreation and Open Space Plan, adopted by the Town Board in December of 1997 , includes specific recommendations regarding new areas for Conservation and Agricultural zoning districts as tools to preserve major areas of open space , especially significant natural areas and productive farmland . In 1995 , the Town Board asked the Codes and Ordinances Committee to begin the process of a comprehensive revision of the Zoning Ordinance . Beginning in earnest later that year, and suffering a number of interruptions in order to focus on other needed legislation, the Codes and Ordinances Committee has completely re-drafted the Zoning Ordinance and is also recommending a number of Zoning Map changes . The revision process has included internal review and feedback from other Town boards and committees, including the Town Board, Planning Board, Zoning Board of Appeals, Conservation Board and Agriculture Committee . Two public information meetings were held in May of 2002 to obtain preliminary feedback regarding the proposed zoning changes from the public . Discussions have also been held with other organizations , including the Tompkins County Planning Department, Tompkins County Agricultural and Farmland Protection Board, Citizens Planning Alliance, Cornell University, and Ithaca College . The benefits of enacting this comprehensive Zoning Ordinance revision will not be limited to implementing many of the Comprehensive Plan recommendations . It also includes a re- formatting of the entire text of the ordinance with more logical and user-friendly organization . Many of the standards relating to parking, design, and industrial performance criteria have been brought up to date . The revision process has also been an opportunity to fix provisions of the ordinance that have been identified by users as being unclear, difficult to monitor or enforce , or otherwise out-of-date . V. Alternatives Considered : The Town Board has considered alternatives to the proposed Zoning Revisions, including "no action" and "minor updates and amendments" to the Zoning Ordinance . Under the "no action" alternative , the current Zoning Ordinance would remain unchanged . None of the reorganization and re-formatting of the proposed Zoning Ordinance would be implemented. None of the zoning approaches recommended in the Comprehensive Plan would be implemented, except by a piecemeal , case-by-case approach. Significant zoning changes proposed in the comprehensive zoning revisions , such as encouraging agricultural use and preserving agricultural land in the new Agricultural Zone, preserving significant natural areas in additional areas of Conservation Zone , preserving the natural and scenic character of the Cayuga Lake shoreline with new regulations in the Lakefront Residential Zone , encouraging economic development opportunities in the new Office Park Commercial Zone, and redefining the purpose and permitted uses in the other Commercial zones would not be implemented under the "no action" alternative . This alternative would be clearly counter to the recommendations of the 1993 Comprehensive Plan, and would not address the goals and objectives of the Town Board. An alternative dealing with "minor updates and amendments" could address the reorganization and re-formatting aspects of the Zoning Ordinance , and probably would also involve a re- SEQR Findings Statement Page 5 of 23 Town of Ithaca Zoning Revisions printing of the Ordinance by incorporating all of the amendments adopted by the Town Board since December 1997 when an update and reprinting was last completed . This alternative also would not implement many of the key zoning changes recommended in the Comprehensive Plan, as described above under the "no action" alternative, and would not meet the goals and objectives of the Town Board . The Town Board also considered other "alternative zoning approaches", including a previously proposed provision in the Low Density Residential (LDR) Zone that would differentiate between areas served by public sewer and those areas not served by public sewer, a new educational or institutional zone, new regulations regarding Concentrated Animal Feeding Operations (CAFO ' s) , and other possible regulations . Former Section 809 . 1 in the April 24 , 2002 draft of the revised Zoning Ordinance (this sub- section has been deleted in the current draft of the revised Zoning) included the following provision relating to the LDR Zone : "Minimum lot area shall be at least thirty thousand (30 ,000) square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least three acres . " After analysis, review and discussion, the Planning Board and Town Board concurred with the Codes and Ordinances Committee recommendation to delete the three-acre lot size provision from the current draft of the revised Zoning Ordinance . The Codes and Ordinances Committee has set as a high priority the further study of a lower density transitional zone as a follow-up to the adoption of the revised Zoning Ordinance, but not to hold up the process of the revised Ordinance . The Comprehensive Plan recommended consideration of an institutional zoning district. The Codes and Ordinances Committee has discussed this approach, and while there has been some interest in this , the Committee has deferred an evaluation of this type of zone because of the complexity and range of institutional uses in the Town, ranging from Cornell University and Ithaca College as two very different institutions of higher learning, hospitals, nursing homes, museums, etc . Most of the institutional uses in the Town are situated within residential zones, which require special approval and site plan approval for expansion of existing uses or new uses . The Town Board finds that this special approval process has worked well in the past, and it is not clear that a new institutional or educational zone would provide the Town with more control or guidance over how these facilities develop . Several institutional uses have also been accommodated with Special Land Use District zoning (e . g. , the Longview Senior Living Center on Danby Road and the Alterra facilities on Trumansburg Road) . The current zoning approach, coupled with the State Environmental Review Act reviews , appears to adequately regulate this type of development. Within this context, the Codes and Ordinances Committee will further evaluate the possibility of an institutional or educational zone as a follow-up to adoption of the revised Zoning Ordinance , but has not set this as a high priority . The Codes and Ordinances Committee conducted research and discussed the possibility of adding new regulations regarding CAFO ' s . These include confined animal feeding operations or feedlots that usually involve hogs, but can also include poultry, cattle or other animals . These operations can be very large , and often have associated concerns of odors, air pollution, and water pollution. The Committee determined that such uses are not likely to locate in this area and that there are limitations as to what municipalities can do to regulate them beyond the New York State Department of Environmental Conservation regulations and permit requirements . SEQR Findings Statement Page 6 of 23 Town of Ithaca Zoning Revisions The Committee may look further into possible regulations regarding CAFO ' s , but placed this very low on their list of work plan priorities . The Town of Ithaca Conservation Board and Codes and Ordinances Committee have been working on or discussing a number of other possible regulations that deal with issues such as stream buffers, storm water management, tree cutting/preservation, and outdoor lighting . The Codes and Ordinances Committee will also conduct a review and propose revisions to the Town of Ithaca Subdivision Regulations at some point in the near future . These are all important regulatory areas that have been separated out of the Zoning revision process to enable the Zoning revisions to proceed expeditiously . The Town Board has also considered other Zoning Map changes, including a possible Agricultural Zone on East Hill , additional areas for Conservation zones , and additional areas for Commercial zones . Two areas on East Hill , consisting of land owned by Cornell University, were suggested for possible Agricultural zoning on the "Anticipated Land Use Map" in the Comprehensive Plan . Some of these areas include Cornell agricultural research operations . Although an early version of the proposed revised Zoning Map included these areas on East Hill in the proposed Agricultural Zone, the Codes and Ordinances Committee is instead recommending that these areas , currently zoned R-30 Residence , be designated as LDR Low Density Residential . The primary reason is that the new Agricultural Zone includes a right-to- farm provision, which indicates that sound agricultural practices shall not constitute a private nuisance in regard to adjoining or nearby properties . In the case of these East Hill areas , there are higher density, established residential neighborhoods nearby, and the Committee felt that including these lands in the Agricultural Zone would be inappropriate and could have adverse impacts on the nearby neighborhoods . The LDR Zone permits and encourages agricultural use without including the right-to-farm provision, and also allows educational uses by special permit . The Town Board finds that the LDR Zone better fits the actual circumstances of these areas on East Hill . The Comprehensive Plan recommends that the Coy Glen Unique Natural Area (UNA) near Inlet Valley on West Hill and the Indian Creek/Lake Slopes UNA off of Taughannock Boulevard be designated in the Conservation Zone . The Town of Ithaca Conservation Board is currently evaluating both of these areas, and will be forwarding a recommendation regarding the natural resources and possible boundaries for proposed new Conservation Zones in these areas to the Codes and Ordinances Committee in the near future . In order to expedite the adoption of the proposed Zoning revisions , the Codes and Ordinances Committee recommends that these additional Conservation Zones be considered as possible amendments to the revised Zoning Map after its adoption. The Comprehensive Plan does not propose any new specific commercial areas , but recommends that new commercial areas be considered by the Town Board as new residential areas develop in the Town . In reviewing the current Zoning Map and recommending changes on the proposed Zoning Map , the Codes and Ordinances Committee examined the possibility of new commercial areas, particularly on West Hill , which has the highest remaining potential for future residential growth in the Town . The Committee decided to hold off on any specific recommendations regarding commercial zoning in this area, and suggested revisiting the Comprehensive Plan at SEQR Findings Statement Page 7 of 23 Town of Ithaca Zoning Revisions some time in the near future to look further into the question of new commercial zones on West Hill and other areas in the Town. VI. Review of Potential Environmental Impacts and Possible Mitigating Measures or Conditions of Approval : The following discussion includes a brief review of the potential environmental impacts that were identified in the Draft and Final GEIS and recommended mitigating measures that will be implemented. Many of the potential impacts identified in the GEIS are beneficial impacts, and are based on recommendations in the Town of Ithaca Comprehensive Plan (September 1993) . This section includes the Town of Ithaca Town Board ' s findings, basis and rationale for adopting the proposed Zoning Revisions . A . Land Use and Zoning The Town Board finds that he proposed Zoning revisions will help to maintain the existing open space character of the Town of Ithaca, and to protect the existing residential neighborhoods . The revised Agricultural Zone will help to protect existing active farms and preserve the potential for agriculture as a viable use in the future. The Conservation Zone will help to preserve significant natural areas in the Town. Permitted densities in the Agricultural and Conservation Zones will be significantly reduced, generally from slightly higher than one house per acre under current zoning to one house per seven acres under the proposed zoning for those areas . The new Lakefront Residential Zone includes measures to preserve the scenic character of the shoreline with new shoreline setback regulations and regulations regarding offshore structures, such as docks and piers . The new Office Park Commercial Zone would encourage new office uses in areas where such uses would be compatible with adjacent uses, such as the Axiohm industrial site , the Cayuga Medical Center, and the existing Genex Office Building and East Hill Plaza commercial center, and would have low traffic generating characteristics . Commercial Zones will not be expanded to other areas of the Town at this point. Business use regulations have been revised to more specifically control higher impacting uses , such as drive-throughs and large- scale commercial uses . One new area of Multiple Residence Zone is proposed (adjacent to East Hill Plaza and an area already developed with apartments) , where such use will be compatible with the existing pattern of development . The proposed Zoning revisions will reinforce existing patterns of development, and will promote land uses consistent with those in adjacent municipalities . Because of the large number of non-conforming lots that will be created by the proposed Zoning Revisions, particularly in the revised Agricultural Zone, the GEIS recommends consideration of the addition of a grandfather provision that would allow a second dwelling unit to be provided on non-conforming lots as a possible mitigation measure . As a result, the Town Board is further revising Sections 2500 and 2505 in the proposed Zoning Ordinance to allow a two-family dwelling to be constructed on a lot that is non-conforming due to its size or area upon receipt of special approval from the Zoning Board of Appeals . This will apply to all zones where one and two-family dwellings are permitted. SEQR Findings Statement Page 8 of 23 Town of Ithaca Zoning Revisions The proposed Zoning Revisions will have no other direct impacts to land use or zoning. The Town Board finds that no mitigation measures other than the above are required. B . Natural Features The Town Board finds that no significant adverse impacts to the Town ' s natural resources are anticipated as a result of the changes in the zoning ordinance . The proposed zoning modifications do not call for significant increases in residential or commercial development. With the exception of a new Multiple Residence Zone (MR) proposed for an 11 -acre parcel off Pine Tree Road, no new increases in residential densities have been proposed in the zoning modifications . More notably is the zoning proposal ' s call for lower residential densities in the areas of West and South Hill . In these areas the new lowered density requirements stipulated in the Agricultural Zone, and the increases in acreage zoned for both Conservation and Agriculture, results in lower allowable residential densities. In addition, the new zoning calls for lower residential densities along the Stone Quarry Road corridor. Currently most of this area is zoned for high density residential (R-9), with much of the steeply sloping areas to be replaced with the low density residential zone . In terms of Commercial zones , the zoning ordinance does call for increases in the amount of land zoned for commercial , especially for the new Office Park Commercial Zone (OPC) . However, the vast majority of this rezoning is for the purpose of reflecting existing commercial uses at those sites. The proposed OPC zone on Pine Tree and Trumansburg Roads replaces the current R-30 Residential Zone , including some undeveloped lands adjacent to the existing commercial use. But while some additional development potential for commercial uses exists at these locations, it is not anticipated to be significant, due to both size and configuration of the undeveloped land, or to physical constraints . The OPC Zone proposed for Danby Road would replace a portion of the current Industrial Zone, so this rezoning will not result in an overall increase in development potential of land, and may potentially result in a lower intensity use of the site . No impacts to geologic resources are anticipated as a result of the changes in the zoning ordinance . Impacts to geologic resources would be related to the need to blast areas of shallow bedrock for development, or to mine surficial geology deposits for sand and gravel . The new zoning ordinance modifications limit mining operations to the Agricultural Zones, subject to special approval by the ZBA . Whereas under the current zoning, mining is allowed anywhere in the Town as a fill/excavation permitted activity. The new requirement will therefore limit the potential for mining operations in the Town. Overall , as a result of the new zoning modifications, no adverse impacts to geology are anticipated. No impacts to soil resources are anticipated as a result of the changes in the zoning ordinance. Soil quality can be impacted by soil erosion, compaction, reduced infiltration, nutrient loss or imbalance, loss of organic matter, excessive wetness, and other factors . Much of this degradation is due to the impacts from development, such as construction activities or urban activities, but also from poor soil management practices associated with agriculture . The proposed zoning modifications do not call for significant increases in development, and are not likely to result in increased agricultural production over currently existing levels . The lower density requirements of the Agricultural Zone, and the increased areas zoned for Conservation and Agricultural, will decrease residential development potential in parts of the Town, while other areas will remain largely unchanged, or increase very slightly. SEQR Findings Statement Page 9 of 23 Town of Ithaca Zoning Revisions The zoning ordinance revisions do call for increases in the amount of land zoned for agriculture, but these are targeted areas that are being rezoned to reflect current or recent agricultural usage of the land. Overall, as a result of the new zoning modifications, no adverse impacts to soil are anticipated. The major impact related to topography concerns the potential for soil erosion and sediment flow into area streams and lakes, due to development on slopes. This is especially a problem on hilly and steep sided slopes . The zoning ordinance modifications do not call for significant increases in residential or commercial development. In addition, the new zoning calls for lower residential densities along the Stone Quarry Road corridor, areas of steep slopes that are currently zoned for high density residential (R-9), which will be replaced with the Low Density Residential zone . In addition, areas proposed for Conservation Zoning will help to protect some of the more hilly and steep sided slopes in the Town . The new proposed Conservation Zones includes such areas as the Eldridge Wilderness, the South Hill Swamp area, the Cayuga Inlet and the Inlet Valley Slopes, as well as in and adjacent to Buttermilk Falls Creek and Enfield Glen . Most of these areas contain steep-sided ravines and gorges, and all have steep forested slopes. And although some of these lands are publicly owned, and are unlikely to be developed, much of this land is in private ownership , and the low density residential zoning will help to minimize impacts and development on the steeply sloped hillsides . Also, the Town will continue to require that all construction activities have an erosion and sedimentation control plan prior to commencing work. These erosion control plans are currently an important component of the site plan and subdivision review process, and will be continued under o the new zoning modifications . In addition the NYS DEC now requires all construction sites that disturb one acre or more to obtain a State Pollution Discharge Elimination System (SPDES) permit. The application process for this permit requires the applicant to submit a plan for stormwater management and erosion control measures. Surface and groundwater are vulnerable to a host of pollution sources and from impacts caused by development and urbanization. Surface water resources are especially tied to land use activities and any activity that affects water quality, quantity, or rate of movement at one location can change the characteristics of the watershed at locations downstream . Sources of water contamination include failing septic systems, improper application of fertilizer and pesticides (both agricultural and residential) , construction sites, riparian development and other sources . The effects of urbanization on streams and water bodies are well documented and include extensive changes to stream flows, stream channel features, and water quality . The most obvious effect of development is an increase in impervious surfaces and the corresponding loss of natural vegetation . Impervious surfaces, created for paved roads, parking lots , and buildings is the major contributor to changes in the watershed. Increases of impervious surfaces reduce infiltration of water into the ground and subsequently aquifer recharge Decreased infiltration reduces base flow, or that portion of streamflow that is not due to storm surface runoff, which is supported by groundwater seepage into the channel . No significant impacts to surface or groundwater are anticipated as a result of the zoning ordinance modifications . In addition, new State regulations, commonly known as Stormwater Phase II, will SEQR Findings Statement Page 10 of 23 Town of Ithaca Zoning Revisions help reduce water pollution caused by stormwater runoff from developed areas. The new regulations require permits for stormwater discharges from Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas and for construction activities disturbing one or more acres. As part of this requirement the Town will be adopting a stormwater management ordinance, providing public education related to water quality protection, as well as considering implementation of a stream buffer ordinance, and other activities. In addition, all areas proposed to be zoned from residential to commercial can be served by public sewer. The areas proposed for Conservation Zoning should help to protect the Town ' s surface and groundwater resources . These areas contain important creeks, tributaries, and wetlands, which will be better protected by the much lower density requirements stipulated in the zoning. The Conservation Zoning further helps to protect water resources by requiring setbacks of 50 feet from the centerline of watercourses and 100 feet from wetlands . It also prohibits the importation for dumping or disposal of snow or ice collected from roadways or parking lots into or within 200 feet of a wetland or watercourse . In addition, all areas zoned for Commercial and Industrial have municipal sewer. Many of the areas identified as Unique Natural Areas are proposed for Conservation Zoning, which should help to protect other important natural resources . As mentioned above , the new proposed Conservation Zones includes such areas as the Eldridge Wilderness, the South Hill Swamp area, the Cayuga Inlet and the Inlet Valley Slopes, as well as in and adjacent to Buttermilk Falls Creek and Enfield Glen . The first Unique Natural Area to be protected by the Town was the Six Mile Creek Valley. Prompted by the 1990 document " Six Mile Creek Valley : A Heritage to Preserve" produced by the Conservation Advisory Council , a predecessor of the Conservation Board, this document outlined a number of recommendations for protecting the Six Mile Creek watershed, including Conservation Zoning . In 1996 the Town Board created the Six Mile Creek Conservation District which includes approximately 1028 acres . The South Hill Swamp Unique Natural Area has been known for over 100 years as one of the most important botanical sites in the county. The area contains numerous rare and scarce plant species, wetlands of ecological importance , and areas of old growth forest. The forest-clad ridge-line of the South Hill Swamp area is also prominently visible throughout the county, and serves as an important visual asset . In 1999 the Conservation Board prepared a document entitled " South Hill Swamp — Its Unique Natural Characteristics and Need for Protection". This report described the significance of the area, summarized the findings of the botanical consultants hired to conduct a survey of the plant species, and presented a proposal for a Conservation Zone on South Hill . The proposed Conservation Zone in the South Hill Swamp area is approximately 283 acres . Buttermilk Falls State Park, and a strip of private land along the Park ' s eastern boundary , between W. King Road and Comfort Road, as well as a portion off Stone Quarry Road are proposed for Conservation Zoning . This zoning seeks to protect the natural and aesthetic resources of the Park, by reducing development densities and encroachment of development on the park. The zoning is intended to protect water quality of Lake Treman, Buttermilk Creek, and Holly Creek, protect the creeks, meadows , and wooded uplands surrounding the park that serve SEQR Findings Statement Page 11 of 23 Town of Ithaca Zoning Revisions as important wildlife habitat, and protect the park aesthetics from residential noise and visual impacts . No significant impacts on natural features are anticipated by the proposed revisions to the zoning ordinance, and therefore , the Town Board finds that no mitigation measures are necessary. C . Demographics — Population and Housing The revised Zoning Ordinance includes zoning changes that may affect population and housing distribution and concentration by limiting future residential development in some areas of the Town. These changes include additional areas and density limitations for Conservation Zoning and Agricultural Zoning and modifications to lot size and area requirements in some of the Residential Zones . The proposed Ordinance has outlined additional areas for Conservation Zoning, which will allow very low-density residential development in sensitive natural areas in the Town . There are several existing R- 30 and R- 15 Residential Zones on South Hill being considered for modification to Conservation Zoning . The proposed change in zoning may slightly affect future population and housing growth on South Hill , as lower density requirements of the Conservation Zone may allow fewer housing units than is currently allowed in the R- 15 and R-30 Zones . However, the Conservation Zone will also allow for the clustering of residential units, thereby preserving natural areas while allowing limited densities of additional housing . All but one of the areas being considered for Conservation Zoning are located on South Hill and Inlet Valley. Much of the lands are already permanently protected, and are owned by New York State Parks, the Finger Lakes Land Trust, the Nature Conservancy, and Cornell ' s Lab of Ornithology, and are thus not available or suitable for residential development . There is also a large tract of land . owned by Ithaca College that could still be developed within the framework of the Conservation Zone requirements . There are approximately nine properties in the Inlet Valley/West Hill area currently zoned R- 30 that are being considered for modification to Agricultural Zoning . The majority of these properties are located between Sandbank and West King Roads , and have been working farms for quite some time . The proposed revised Agricultural Zone requirements and new density limitations are intended to preserve existing and potentially productive agricultural areas in the town by allowing lower density residential development than is currently allowed in the R- 30 zone . The proposed zoning changes may affect future population and housing growth in this specific Inlet Valley area of the Town, as recommended in the Comprehensive Plan and Park, Recreation and Open Space Plan. The affordability of housing has been a major issue in municipalities throughout the country. As quoted in the Comprehensive Plan, the 1991 Tompkins County Housing Market Study stated, "Tompkins County has the highest housing costs in the housing market region, which has been the case since 1970 . " As stated in the housing distribution analysis in the Draft GEIS (pp . 72- 74), the median cost of a home in the Town of Ithaca in 2000 was $ 140,000 , with the largest single percentage of the homes (existing) valuing between $ 100 , 000 and $ 149 ,999 . SEQR Findings Statement Page 12 of 23 Town of Ithaca Zoning Revisions The Tompkins County Department of Planning provided a comment regarding the Draft GEIS indicating that although the Town of Ithaca has made some minor provisions to allow for more affordable housing in the zoning ordinance , they feel that it would be preferable to designate appropriate additional land areas for higher density residential development, and that the absence of higher density development opportunities pushes affordable housing options further from the County ' s centralized urban areas and employment centers . The County Department of Planning further stated that although the Town is to be commended for considering and approving affordable housing projects on a case-by-case basis , providing appropriately zoned areas would reduce development costs and allow the Town to direct such development to the most suitable locations , and they encouraged the Town to identify areas for higher density and mixed use development on the revised zoning map to address the growing needs of affordable housing . The Town Board responded to the Tompkins County Department of Planning comment in the Final GEIS , by noting that the Town has and will continue to support affordable housing in appropriate locations and circumstances . The Town Board has supported affordable housing proposals, such as the Linderman Creek Apartments — Phase I and II off of Mecklenburg Road. The Town Board rezoned property from R- 15 Residence to MR Multiple Residence in conjunction with the Linderman Creek proposal , and supported the project sponsor' s applications for Low Income Housing Tax Credit financing through the New York State Division of Housing and Community Renewal . The proposed zoning revisions in no way preclude the Town Board from implementing additional zoning changes in the future for appropriate housing developments that are consistent with the Comprehensive Plan, through rezoning to MR Multiple Residence or Planned Development Zones . The Town is currently considering another affordable housing proposal on West Hill , which would include 128 apartment units serving low to moderate-income families , financed through the New York State Division of Housing and Community Renewal ' s Low Income Housing Tax Credit program . (A second affordable housing proposal on West Hill was recently before the Town Board, but was withdrawn while the applicant tries to secure a different site in the Town of Ithaca for that proposal . ) The Town Board finds that the Town of Ithaca Comprehensive Plan provides guidance regarding appropriate locations for higher density housing in areas served by the necessary infrastructure and public transportation. Because the market often dictates the type of housing proposals that developers bring before the Town , it is more difficult to zone areas for higher density, especially multi -family, ahead of time . The Town Board has a long history of considering and rezoning properties to allow multiple residence housing in appropriate locations . The Town Board will continue this approach using the Comprehensive Plan as a guide . The Town Board finds that opportunities for affordable housing are also being addressed through other provisions in both the existing and revised Zoning Ordinance , including the following : • A mixed-use provision is being proposed to be added into the Commercial zones, which would allow residential use in Commercial zones (not currently allowed in the Business districts) ; • A new MR Multiple Residence Zone is proposed on approximately 11 acres of a parcel off of Pine Tree Road north of East Hill Plaza, which would have the theoretical potential to accommodate in the range of 100 new apartment units ; SEQR Findings Statement Page 13 of 23 Town of Ithaca Zoning Revisions • The existing Zoning Ordinance allows a second dwelling unit in all single-family residential zones . This has been a significant contributor to affordable housing in the Town . Not only will this provision be continued, but it is proposed to be expanded in the revised Zoning to allow a second dwelling unit to be located in accessory buildings such as barns and garages (subject to special permit and stated criteria) , whereas the second unit currently is only allowed in the principal building; • New provisions are proposed to allow more flexibility for farm worker housing to be located on active farmland within County Agricultural Districts , The Town Board finds that the growth inducing impact analysis in the Draft GEIS demonstrates that although development potential in the Town will be reduced as a result of the proposed Zoning Revisions, the amount of reduction is not a significant negative impact, and will allow ample opportunities for growth to accommodate anticipated population well into the future . Based on the above and the analysis in the GEIS , the Town Board finds that the proposed Zoning Revisions will not have a significant adverse impact on population or housing, and that no mitigation measures are necessary or proposed. D . Transportation Most of the Town should experience no significant increase in locally generated traffic volumes or patterns as a result of the zoning changes . Traffic volumes and patterns are directly correlated to residential densities and business or commercial uses, and the new zoning proposal does not call for significant increases in either area. While market forces largely shape the pace and amount of development in the Town, the housing densities or commercial uses permitted by the zoning ordinance can have a significant effect on development patterns in the Town, and thus on the transportation network. The Town, however, has little control over through traffic traveling from outlying areas to the City of Ithaca or other employment or commercial centers not in the Town . The Town Board finds that the changes proposed in the new zoning are not anticipated to have a significant effect on transportation. With the exception of a new Multiple Residence Zone (MR) proposed for an 11 -acre parcel off of Pine Tree Road , no new increases in residential densities have been proposed. More notably is the zoning proposal calling for lower residential densities in the areas of West and South Hill . In these areas the new lowered density requirements stipulated in the Agricultural Zone , and the increases in acreage zoned for both Conservation and Agriculture , results in lowered allowable densities . This would suggest potentially reduced traffic volumes in these areas of West and South Hill (locally generated traffic volumes) from what could occur under the current zoning . Other residentially zoned areas will remain mostly unchanged in terms of the density requirements . In terms of commercial uses, there are two areas where the zoning modifications could potentially lead to increases in traffic volumes . These areas are associated with the new Office Park Commercial Zones on Trumansburg Rd ./Harris B . Dates Dr. and on Pine Tree Road, areas that already have established commercialibusiness uses , but are currently zoned as R- 30 Residential . The only exception to this is the small existing Business Zone in the location of the Cayuga Professional Building at Trumansburg Rd./Harris B . Dates Drive, which is currently SEQR Findings Statement Page 14 of 23 Town of Ithaca Zoning Revisions zoned Business "A" . Traffic impacts from these sites are analyzed in the Draft GEIS , pages 82 — 86 and Appendix C . The only other area proposed for OPC Zoning is on Danby Road, in the undeveloped portion of the site location currently occupied by the Axiohm Corporation, and an adjacent parcel to the south, currently zoned as Industrial . Because this entire area is currently zoned for Industrial uses , the intensity of allowable uses at the site is not being modified by the proposed OPC zoning. In terms of Commercial zones in the Town , the commercial areas currently existing on Elmira and Danby Roads are proposed for Neighborhood Commercial (NC) Zones . These areas are currently zoned Business District, which allows for a wide variety of uses, and with Special Approval from the Board of Appeals allows floor areas in excess of 10 ,000 square feet . The new proposed NC zone is intended to provide for small- scale neighborhood oriented businesses , with building sizes limited to a maximum size of 7 , 500 square feet, or 10 ,000 square feet with a special permit issued by the Planning Board . This type of commercial use is intended to draw customers from the nearby neighborhoods, and is therefore expected to generate only low- volume traffic . Because the NC Zone is expected to generate less traffic than the existing Commercial zone, no significant impacts of the zoning changes are anticipated. The other remaining commercial zone is along the Pine Tree Road area (East Hill Plaza and Judd Falls Plaza areas) . This area is currently zoned Business "C" and is proposed to be zoned Community Commercial . While this new zone is intended for businesses that draw clientele from throughout the Town, as well as from outside the Town, this characterizes the existing condition of this existing developed business area. Therefore, the proposed zoning will not result in changes in the intensity of use or character to the Pine Tree Rd. area. In addition, should one of the plazas become redeveloped, the new Community Commercial Zone limits the maximum interior floor area of an individual business to 25 ,000 square feet . As a result, no traffic related increases are anticipated in any of the Town ' s Commercial zones as a result of the zoning modifications , with the exception of the new OPC zones . The Draft GEIS traffic impact analysis evaluates potential impacts associated with full build-out of the new OPC zones on Pine Tree and Trumansburg Road. In an effort to determine traffic impacts due to the new proposed zoning, this analysis compares potential traffic impacts for full build-out under the existing zoning, with that of the new zoning, along with current traffic volumes . The analysis shows that the rezoning of the Trumansburg Road/Harris B . Dates Drive area to Office Park Commercial could potentially result in an increase in weekday traffic volume from 10 ,499 to 16 , 388 , with peak AM traffic volumes increased from 859 to 2058 , and peak PM traffic volumes from 1045 to 1937 . This analysis is based on a full build out scenario of the parcels concerned in the rezoning. This theoretical increase in traffic would occur on State Route 96 , which is an urban minor arterial , which has an Annual Average Daily Traffic (AADT) of over 8 , 300 vehicle trips . This is meant to show a comparison of theoretical development and resulting traffic levels under existing and proposed zoning . Any actual development proposal would be subject to site plan review and approval and site specific environmental review , along with any necessary site specific mitigation measures . SEQR Findings Statement Page 15 of 23 Town of Ithaca Zoning Revisions The analysis shows that the rezoning of the Pine Tree Road/Genex (formerly) Coop complex to Office Park Commercial and Multiple Residence could potentially result in a weekday traffic volume of 7239 , a Peak AM total of 1049 , and a Peak PM total of 925 . This is assuming that the entire parcel is redeveloped. Existing traffic volumes are estimated as being 312 for weekday volumes, 48 for Peak AM , and 46 for Peak PM . The impact analysis indicates that a range of scenarios is possible for the development of the parcel under existing zoning, given that the parcel is owned by Cornell University, and educational uses are allowed by special approval . The most unlikely scenario is that the parcel would be redeveloped for single family housing, as is allowed under the current zoning . For comparative purposes , the theoretical development potential under Scenarios 3 , 4 and 5 , all under the existing R- 30 zoning , could all result in larger traffic impacts then the buildout scenario under the proposed OPC and MR zoning ( Scenario 3 : 18 , 397 vehicle trips per day ; Scenario 4 : 11 ,443 vehicle trips per day; Scenario 5 : 8 , 126 vehicle trips per day — all with correspondingly higher peak AM and peak PM traffic as well) . As described in the NESTS Study , the roads in the Pine Tree Road area carry high volumes of traffic, especially during peak hours . The NYS DOT reports average annual daily (AADT) totals on Pine Tree Road, between Ellis Hollow Road and Route 366 , as 9795 AADT (as measured 10/2000) . The NESTS Study reports peak hour traffic in this area at 1050 . The addition of the theoretical maximum levels of traffic described in the Draft GEIS analysis could have potentially large impacts under both the existing zoning scenarios , but to a lesser extent, under the proposed OPC and MR rezoning. Any actual development proposal would be subject to site plan review and approval and site specific environmental review, along with any necessary site specific mitigation measures . Based on the traffic impact analysis in the Draft GEIS , potential increases in traffic have been identified, but no mitigation measures are proposed or necessary at this time. Site-specific evaluations of traffic and other environmental impacts will be required in conjunction with any site-specific development proposals on the above-described sites , and if site-specific negative impacts are identified, the approval body can require the necessary mitigation measures as part of the site-specific environmental review . The New York State Department of Transportation (DOT) suggested in their comments regarding the Draft GEIS that the Town consider adopting access management methods in high traffic corridors, such as minimum driveway spacing standards, driveway locations, parking location and landscaping, etc . The Town Board finds that access management methods may be appropriate in certain areas of the Town, and that such methods can best be considered as part of the town-wide Transportation Plan that is currently being prepared by the Town of Ithaca Transportation Committee . The possibility of incorporating access management methods into the Transportation Plan would allow the Transportation Committee to study alternative strategies and make recommendations to the Town Board , which could be considered for future zoning or other ordinance revisions . E . Agricultural Resources The Town Board finds that the new, revised Agricultural Zone will encourage farming and help to preserve existing and potential agricultural land . The proposed Agricultural Zone will allow a SEQR Findings Statement Page 16 of 23 Town of Ithaca Zoning Revisions very low density of development (one lot per seven acres) , and clustering of smaller lots on the less valuable agricultural portions of sites is encouraged and can be required by the Planning Board . This lower density will have a beneficial impact on the long-term viability of farming in the area by reducing the pressures of development encroaching on farmland. The significant potential reduction in density for the new Agricultural Zone, along with additional lands being added to the zone, will help to reduce the demand and pressure in parts of the Town for various additional public services and facilities . The addition of the new permitted uses and the uses authorized by Special Permit should help to create a stronger Agricultural Zone . The new uses should be compatible with agricultural uses and help to promote agriculture . The proposed new Agricultural Zone is designed primarily for agricultural uses, unlike the existing Agricultural Zone , which is based on the Residential District R-30 requirements , which allows agricultural activities, but does little to encourage or protect them . The new zone also includes the right-to-farm provision, which should allow farmers to conduct their operations as they have , with the understanding from non-farm neighbors that farming is the primary intended use for the area. Overall , the new uses and the right-to-farm provision should help to create a stronger Agricultural Zone and should have beneficial impacts on the Town ' s agricultural resources . The new density limitations and limitations on subdivision of parent tracts will require Town staff monitoring to insure the status of where subdivisions have taken place and what lots have subdivision potential remaining. It will be necessary to identify all properties with any potential for future subdivisions, the maximum potential number of lots that can be divided from each parent tract, and then as subdivisions occur, monitor where additional lots are still available and which parent tracts have reached their limit and can not be subdivided any further. The requirements of Sections 609 and 610 of the proposed Zoning Ordinance are complex and include multiple ways to subdivide a parcel using the various options outlined, depending on the characteristics of the parcel and the individual owner ' s preferences . The various options available add to the detail of monitoring and the various potential number of lots that could be created by subdividing and the arrangement on the properties . The density and subdivision requirements will require monitoring and enforcement on an ongoing basis . The Town has developed excellent database systems for tracking development and permit status , which will prove useful for the above-described monitoring requirements . There will be some impact on staff time relating to this additional monitoring and enforcement. The detailed subdivision regulations and the various options available to landowners in the Agricultural Zone are complex and possibly difficult for the public to understand. This section will require detailed explanation from Town staff to both existing owners and those looking to purchase property, to insure that they have a good understanding of what they can and can ' t do and requirements for subdividing their property. A new purchaser should be aware if a parcel has already been subdivided, limiting future subdivisions . The Town finds that an educational outreach effort to help prospective buyers become aware of the limitations to subdividing agricultural lands would be beneficial . While the intent of the new Agricultural Zone is to preserve and promote agricultural activity, there are many parcels within the zone that are small road frontage residential properties, parcels not being actively farmed, or lands that have not recently been farmed . These non-agricultural SEQR Findings Statement Page 17 of 23 Town of Ithaca Zoning Revisions parcels will be under the same requirements . These parcels would still be allowed to be used for residential purposes under the parameters of the Agricultural Zone or be used for small -scale agricultural use , even though the lot might be too small for a traditional farm operation . Although these small parcels may have limitations to large-scale farming, the proposed Agricultural Zone does allow residential use and other related uses to continue or to be established. Beneficial environmental impacts have been identified above , which do not necessitate any mitigation measures . To address other impact issues identified above , the Town Board will consider additional implementation measures in conjunction with the adoption of the revised Zoning. Public education and outreach will be very important as the new Zoning Ordinance is adopted, and also once it is in effect for both potential purchasers and current owners . The Agricultural Zone includes complex language and provisions , and the Town will take steps to insure that existing owners, potential buyers, real estate offices, lawyers , surveyors , and others understand the requirements through specific educational material prepared relating to the Agricultural Zone, ongoing staff assistance , and by making information available on the Town ' s website . As discussed above, monitoring of the subdivision of parcels within the Agricultural Zone will require the modification of the Town ' s database system to incorporate this new aspect of the revised Zoning. Such modification should not be difficult because of the amount of work that has already gone into the development of the Town ' s Geographic Information System (GIS) and database in recent years . Parcel locations and status can easily be highlighted using the GIS mapping resources of the Town . One owner of land in the revised Agricultural Zone raised an issue of how the new zoning would affect the value of his parcel as a comment that was submitted regarding the Draft GEIS . The Town Board indicated in the Final GEIS that the issue of impact of the revised Agricultural Zone on land values is a debatable issue , and is beyond the scope of the EIS process . The proposed Agricultural Zone will allow a very low density of residential development (one lot per seven acres) and clustering of smaller lots on the less valuable agricultural portions of sites is encouraged and can be required by the Planning Board . This lower density will have a beneficial impact on the long-term viability of farming in the area by reducing the pressures of development encroaching on farmland. The minimum lot size required in the Agricultural Zone will be two acres , but for new non-farm lots , the Planning Board can require that lots be clustered on lots between one and two acres . Additional limitations are placed on the subdivision of non-farm lots and farm parcels from parent tracts (existing large parcels) . A right- to- farm provision is added to protect the primacy of farming, indicating to neighboring properties that sound agricultural practices shall not constitute a private nuisance in regard to adjoining or nearby properties . The new Agricultural Zone is intended to encourage farming and to preserve existing and potential agricultural land . The list of permitted uses in the Agricultural Zone will be expanded to include uses which would be compatible with and promote agriculture as a primary use, such as equestrian facilities , forest management, and forest resource uses . Additional uses would be allowed by special permit, including retail sales of farm machinery , composting facilities , bed and breakfast establishments , research facilities dedicated to research in agriculture or animal husbandry, and farm retreats . Mining has been added as a permitted use , SEQR Findings Statement Page 18 of 23 Town of Ithaca Zoning Revisions subject to special approval by the Zoning Board of Appeals , whereas the existing zoning allows mining anywhere in the Town subject to a fill/excavation permit . This will limit mining activities to the less densely populated areas of the Town, where potential impacts of truck traffic and noise will be minimized . Therefore , while the density of residential development will be reduced under the proposed zoning, a wider range of uses will be allowed, some of which are not permitted in the current zoning . F . Public Facilities and Community Services The Town Board finds that since the proposed zoning text and map changes are not significantly increasing the residential or commercial development potential in the Town, no adverse impacts are anticipated related to public water or sewer service . The existing higher density residential areas (including most of the current R5 , R9 , R15 and some of the R30 zone) and all of the commercial zones are currently served by public water and sewer. The increase in areas proposed as Conservation and Agricultural zones and the lower density of the proposed revised Agricultural Zone will help to reduce the future demand for public water and sewer in certain areas and reduces the need to extend service beyond where it currently exists . Current schedules for maintaining and upgrading services within existing served areas will be continued and plans for the expansion of the existing systems are not anticipated to be altered based on the proposed zoning changes . The Town Board also finds that the proposed zoning changes will not create any adverse impacts for other existing community services such as fire and rescue , police , or solid waste disposal . In general , the size of districts that create the most demand for these services (residential and commercial) are not significantly increasing and they mostly allow the same uses as in the past. Based on the above and the analysis in the GEIS , the Town Board finds that the proposed Zoning Revisions will not have a significant adverse impact on public facilities or community services, and that no mitigation measures are necessary or proposed. G . Business, Commerce and Industry The Town Board finds that there are no proposed zoning changes that would significantly impact commercial or industrial growth . The proposed Neighborhood and Community Commercial Zones would reflect existing commercially-zoned areas, but would more specifically control commercial growth within those areas . As demonstrated in the Draft GEIS , there would actually be a slight reduction in areas currently zoned Business "C" along Elmira Road and across from Judd Falls Plaza. The new Office Park Commercial (OPC) Zone would allow office parks containing business offices and related uses in areas of transition between lower density residential areas and higher density residential or commercial areas . The main impact of the proposed OPC Zone along Trumansburg Road would be to allow office park development on one parcel zoned R-30 Residence that currently only could be developed with single or two- family houses , and includes a portion of the Cayuga Medical Center property, where additional institutional uses are anticipated, and the existing Business "A" District containing the Cayuga Professional Center. This impact is limited to the increase in development potential of this one parcel and is intended to allow a reasonable area for the proposed office park use . It is not anticipated to induce growth on other nearby properties, and is not considered to be a significant SEQR Findings Statement Page 19 of 23 Town of Ithaca Zoning Revisions impact. The proposed OPC Zone along Danby Road replaces areas currently zoned Industrial and would not result in densities or uses of higher intensity than the current Industrial District . The proposed OPC Zone along Pine Tree Road just north of East Hill Plaza would allow office park uses on a parcel currently zoned R- 30 Residence . This Cornell owned parcel contains an existing 27 ,000 square foot office building formerly occupied by Genex Cooperative, Inc . The proposed rezoning of about 14 . 5 acres from R- 30 to OPC would allow additional office development (and/or redevelopment) in an area already consisting of high intensity commercial uses (e . g . East Hill Plaza) . The impact of this rezoning would be limited to this parcel and is not expected to induce growth on other nearby properties. The transportation analysis in the Draft GEIS demonstrates that the Office Park rezoning proposals have the potential to increase traffic in their respective areas, but that any proposals within those new zones will be subject to site- specific environmental review and site reviews and approvals . The proposed Zoning Ordinance revisions include additional modifications that follow objectives outlined in the Comprehensive Plan regarding economic development in the Town, including to have "small-scale commercial areas (present and future) that are set back from public highways , have good circulation with vehicular and non-vehicular access and are well landscaped. While the Town is not proposing to expand any commercial zones or designate new locations in the town for additional zones, other than the proposed Office Park Commercial areas, it is anticipated that the existing commercial zones and proposed revisions will meet the current and near future needs of the residential communities in which they are located. In some areas though, such as East Hill and Judd Falls Plazas and Rogan ' s Corner, there appears to be little room for further commercial growth if the community need arises in the future . One of the stated objectives of the Comprehensive Plan regarding economic development includes creating commercial areas that "anticipate future neighborhood needs" by "establishing guidelines for siting future commercial districts . " The Comprehensive Plan does not propose any new specific commercial areas , but recommends that new commercial areas be considered by the Town Board as new residential areas develop in the Town . In reviewing the current Zoning Map and recommending changes on the proposed Zoning Map , the Codes and Ordinances Committee examined the possibility of new commercial areas, particularly on West Hill, which has the highest remaining potential for future residential growth in the Town . The Committee and the Town Board decided to hold off on any specific recommendations regarding commercial zoning in this area, and recommend revisiting the Comprehensive Plan at some time in the near future to look further into the question of new commercial zones on West Hill and other areas in the Town. Adoption of the proposed Zoning revisions will in no way limit the Town ' s ability to enact such zoning changes in the future , or to target future commercial growth areas in developing areas of the Town. Zoning should not be viewed as a static document, but rather, as an evolving mechanism to achieve the stated policies and desired goals and objectives of the Town . Based on the analysis in the GEIS , no significant negative impacts on business, commerce or industry have been identified, and no mitigating measures are necessary or proposed in conjunction with the proposed Zoning Revisions . Site-specific evaluations of traffic and other environmental impacts will be required in conjunction with any site-specific development proposals on the above-described sites , and if site-specific negative impacts are identified, the approval body could require the necessary mitigation measures as part of the site-specific environmental review. SEQR Findings Statement Page 20 of 23 Town of Ithaca Zoning Revisions H . Cultural Resources The Town Board finds that the proposed Zoning Ordinance revisions are not expected to negatively affect the Town ' s historic or cultural resources . Site-specific environmental review will be required where potentially significant historic , archeological or other cultural resources have been identified. The Town Board finds that no mitigation measures are necessary. I . Growth Inducing Aspects The Town Board finds that the proposed Zoning Revisions are not expected to induce growth, but rather, to accommodate a modest rate of growth by channeling growth into appropriate areas of the Town. Many of the proposed zoning changes will result in reductions in development potential on the remaining vacant land in the Town, with several exceptions, which are described above and in the GEIS . The Town of Ithaca Comprehensive Plan rejects a "no-growth" scenario , and its underlying key principles are "to shape and improve the quality of the built environment by focusing growth so as to provide for the needs of the Townspeople , and ensure a healthy environment for future generations" (Goal B — Managing the Built Environment), "to improve the environment and to preserve and protect it from degradation," (Goal C — Conservation, Open Space , and Environmental Protection) , in particular, to protect "natural resources, selected open space, environmentally sensitive areas, and unique natural areas" (Objective C . 1 .) , and "to promote the availability of diverse, high quality, affordable, and attractive places for people to live (Goal A — Housing and Residential Land Use) . A development potential analysis was conducted in the Draft GEIS to compare the residential growth potential in the Town under the current (2003 ) Zoning Ordinance and Map with the proposed Zoning revisions in order to determine whether there would be any significant growth impacts (either negative or positive) of the proposed Zoning (refer to pages 110 — 114 of the Draft GEIS for a complete description of the development potential analysis) . The results of this analysis indicate that the theoretical residential development potential under current zoning is approximately 14, 742 potential new housing units, while the potential under the proposed zoning is approximately 8 , 599 new housing units, which reflects a reduction of 6 , 143 potential housing units , or a reduction of about 41 . 7% . Population projections in the Comprehensive Plan demonstrate that anticipated population growth in the Town can be accommodated well into the future under the proposed zoning scenario, as demonstrated in the development potential analysis, even though there would be a significant reduction in development potential compared with current zoning. As indicated in the Comprehensive Plan, although there is no immediate threat of the Town being saturated by development, the Town ' s residents have stated a desire to limit sprawling development, and to avoid a scenario where all or even a substantial part of the Town ' s open space , environmentally sensitive areas, and farmland would be replaced by residential subdivisions and attendant development (Comprehensive Plan — pp . IV- 8 and IV-9) . The Town Board also finds that there are no proposed zoning changes that would significantly induce commercial or industrial growth. As discussed above and in the Draft GEIS , the proposed Neighborhood and Community Commercial Zones would reflect existing SEQR Findings Statement Page 21 of 23 Town of Ithaca Zoning Revisions commercially-zoned areas, but would more specifically control commercial growth within those areas . There would actually be a slight reduction in areas currently zoned Business "C" along Elmira Road and across from Judd Falls Plaza. The new Office Park Commercial (OPC) Zone would allow office parks containing business offices and related uses in areas of transition between lower density residential areas and higher density residential or commercial areas . The section on Business , Commerce and Industry in the Draft GEIS describes the development potential of areas proposed for OPC . The impact of the OPC rezonings would be limited to the three parcels proposed for such zoning, and is not expected to induce growth on other nearby properties . Based on the above and the analysis in the GEIS , the Town Board finds that the proposed Zoning revisions will not have any significant growth inducing impacts , and that while development potential will be reduced by the revisions , the amount of reduction is not a significant negative impact, and will allow ample opportunities for growth to accommodate anticipated population well into the future . The Town Board finds , therefore , that no mitigating measures relating to growth inducing impacts are necessary or required. VII. Other Facts and Conclusions in the GEIS Relied Upon to Support the Decision : A . Consistency With Comprehensive Plan and Other Planning Documents The proposed changes in zoning are consistent with the recommendations in the Town of Ithaca Comprehensive Plan ( 1993 ), based on the evolving development policies of the Town Board at that time, and supplemented by other planning documents that include recommendations for possible zoning modifications, including Planning for or Agriculture in the Town of Ithaca (August 1992) and the Town of Ithaca Park, Recreation and Open Space Plan (Dec . 1997) . The Town Board recognizes that it must deal with trade-offs , which result in limiting growth and development in targeted areas of the Town . On the other hand, the Town Board recognizes that there may be opportunities for encouraging growth in appropriate areas of the Town that are or could be served by public transportation and utilities and that are close to the City of Ithaca. While zoning changes to higher densities have been limited in the proposed Zoning Revisions, the Town Board acknowledges that such zoning changes may and most likely will be appropriate in the future as long as they are consistent with the goals and objectives of the Comprehensive Plan . Adoption of the currently proposed Zoning Revisions will in no way limit the Town ' s ability to enact such zoning changes in the future, through additional re-zonings to MR Multiple Residence, Planned Development Zones, or other zoning changes . The same can be said for targeting future commercial growth areas in developing areas of the Town, such as West Hill . Zoning should not be viewed as a static document, but rather, as an evolving mechanism to achieve the stated policies and desired goals and objectives of the Town . B . Generic vs . Site-specific Impacts The Draft and Final GEIS identify the generic impacts associated with the proposed Zoning Revisions. Site-specific evaluations are often not appropriate or possible in conjunction with a generic environmental review . The purpose of the GEIS is to provide a comparative analysis of the proposed changes in the zoning contrasted with the existing zoning . The Town Board finds that individual development proposals pursuant to the new zoning will still have to undergo the SEQR Findings Statement Page 22 of 23 Town of Ithaca Zoning Revisions required site-specific approvals , including appropriate site-specific environmental review . The GEIS and this Findings Statement do not relieve an applicant from further compliance with the State Environmental Quality Review Act ( SEQR) , nor do they include stated conditions or thresholds that would imply that no further SEQR review would be required, as is allowed in Part 617 . 10(d)( 1 ) . J SEQR Findings Statement Page 23 of 23 Town of Ithaca Zoning Revisions Certification of Findings to Approve Having considered the Draft and Final GEIS , and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR Part 617 . 11 , this Findings Statement certifies that: 1 . The requirements of 6 NYCRR Part 617 have been met ; and 2 . Consistent with the social , economic , and other essential considerations from among the reasonable alternatives available , the adoption of the Town of Ithaca Zoning Revisions is the action that avoids or minimizes adverse environmental impacts to the maximum extent practicable ; and 3 . Consistent with social , economic and other essential considerations, adverse environmental impacts will be avoided or minimized to the maximum extent practicable , by incorporating as conditions to the decision those mitigative measures that were identified as practicable in the GEIS . � r o Catherine Valentino, Supervisor Date Town of Ithaca Town Board 215 North Tioga Street Ithaca, NY 14850 November 6 , 2003 Town Board Meeting ATTACHMENT # 8 NETWORK AND RECORDS SPECIALIST TOMPKINS COUNTY Department Town of Ithaca Classification Competitive Labor Grade P Approved TB Res . #77-98 Revised 11 /99 ; 8/02 , 5/03 ; 10/03 By AF , Commissioner of Personnel DISTINGUISHING FEATURES OF THE CLASS : This is a skilled technical position , which provides coordination of the computer network system and aids with the records management program . The position also includes technical work involving the coordination and management of the various computer network activities . The incumbent is responsible for assisting the Town Clerk ( Records Management Officer) in the development of Records Management Policies and Procedures that include disposition , storage , retrieval , reduction and preservation of Town records and archives in a physical manner , and by any applicable electronic means . The work is performed under the general supervision of the Town Supervisor with leeway allowed for the use of independent judgment in carrying out work activities . Incumbent will perform all related duties as required . TYPICAL WORK ACTIVITIES : General Duties : Assist in the preparation of the electronic media and records management budgeting ; Assist in the preparation of grant funding documents ; Participates as a member of the Supervisor's Advisory Council ( SAC ) ; Network Duties : Manages network computer hardware and software ; Researches and defines problems in terms of objectives , system constraints , compatibility requirements , space impact on resources , etc . ; Develops and documents operational procedures ; Communicates with vendors and technical support to aid in the solution of network hardware and software problems ; Maintains Town ' s Website ; Trains others and provides support as needed ; Acts as " Help Desk" for staff on all information technology and telecommunications equipment. Records Management Duties : (Items below relate primarily to electronic media but do not completely exclude paper records) Participates as a member of the Records Management Advisory Board ; Assists in the selection and installation of a systematic means of locating and retrieving records using data base software approved by SARA staff and the Records Management Officer; Processes and arranges material in a cataloged manner for availability of research and retrieval via electronic media ( i . e . ; posting of material on website ) ; Assists the Records Management Officer in advising and training town staff in the use , storage and disposition of records ; Helps staff resolve records management systems problems ; Assists the Records Management Officer in the development and usage of finding aids to locate specific records materials ; CONTINUED NEXT PAGE NETWORK AND RECORDS SPECIALIST ( CONT.) TYPICAL WORK ACTIVITIES ( continued ) : Operates office machinery as required for records management activities , i . e . : microfilm machines , copy and facsimile machines and scanners ; Assists in the identification of material for which long term electronic storage and accessibility is desired and create such system ; Assists in the scheduling and oversight of micrographics and technology projects as directed by the Records Management Officer; Performs technology quality control checks and indexing ; Assists patrons in the use of records and audio-visual equipment . FULL PERFORMANCE KNOWLEDGE , SKILLS , ABILITIES AND PERSONAL CHARACTERISTICS : Good technical ability and knowledge of computer networks and network servers with the ability to assimilate network technologies ; Ability to exercise independent judgment , and effectively meet with committees and supervisors on a regular basis ; Good technical knowledge of local and wide area networks ; Ability to troubleshoot server problems ; Good knowledge of networks operating systems ex : UNIX , Novell , and Windows NT; Thorough knowledge of filing and indexing systems ; Familiarity with NYS Laws and Regulations relating to Local Government Records ; Ability to perform moderately complex project activities ; Good communication skills , judgment , high initiative and detail oriented ; Ability to work well with others ; Ability to meet deadlines ; Ability to maintain confidentiality of records ; Physical condition commensurate with the demands of the position ; MINIMUM QUALIFICATIONS : EITHER : ( a ) Graduation from a regionally accredited or New York State registered four year college or university with a Bachelors Degree in computer science , computer information systems , library science or a closely related field AND two ( 2 ) years of full-time paid (or the equivalent part-time and/or volunteer) experience in a network and/or library science environment; OR ( b ) Graduation from a regionally accredited or New York State registered two year college or university with an Associates Degree in computer science computer information systems , library science or a closely related field AND four (4 ) years of full-time paid (or the equivalent part-time and/or volunteer) experience in a network and/or library science environment; OR (c) Graduation from high school or possession of a high school equivalency diploma AND eight ( 8 ) years of full-time paid (or the equivalent part-time and /or volunteer) experience in a network and/or library science environment ; OR (d ) Any combination of training and experience equal to or greater than that described in (a ) , ( b) and (c) above . November 6 , 2003 Town Board Meeting ATTACHMENT # 9 MEMORANDUM OF UNDERSTANDING BETWEEN The DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK, herein after referred to as the "Department" and the (City, Town, Village or County) of herein after referred to as the "municipality" . FOR THE PERIOD OF JANUARY 1 , 20_ TO DECEMBER 31 , 20_ The purpose of this Memorandum of Understanding is to protect all fish and aquatic life in the waters of New York State and to minimize the paperwork required for the municipality to complete necessary public works projects . This memorandum establishes a legally binding contract between the Department and the (City/Town/Village/County) of for the administration of Article 15 of the Environmental Conservation Law (Protection of Waters) . Please be aware that it is illegal to create excessive turbidity (muddiness) in an stream regardless of its classification . A. WATERS COVERED BY THIS MEMORANDUM I11 waters in the municipality classified "C" with a standard of (T) or higher by the Department, as well as aters considered navigable, regardless of classification . Please refer to the map provided for etermination of protected streams. OTE : Any work activity in a freshwater wetland is NOT covered by this MOU . B . TIMING OF WORK ACTIVITIES 1 . All work shall be done within a stream, lake , or wetland with a standard of (T) during the period from May 15 through October 1 to protect natural trout reproduction . To protect rainbow trout reproduction in certain Finger Lake tributaries all work shall be done during the period from July 15 through October 1 . Please refer to maps. 2 . All work shall be done within a protected stream, lake , or wetland which does not have the (T) standard during the period from July 15 through March 15 to protect warmwater fish reproduction . Please refer to maps. C . WORK AUTHORIZED BY THIS MEMORANDUM 1 . PROJECTS ON PROTECTED WATERS WHICH CAN BE UNDERTAKEN WITHOUT NOTIFYING THE DEPARTMENT a) Gravel Bar Removal - Removal of sand or gravel bars that are within 50 feet (upstream or ownstream) of a road crossing provided that no machinery is required to cross or be operated in the ater. Excavated sand or gravel shall not be stockpiled within the channel or on the stream banks but ust be immediately removed from the site above the reach of high water. . b) Bank Stabilization - Placement of up to 50 feet of rip-rap along a stream bank provided the equipment used is operated from the top of the bank . c) Debris Removal - Clearing of stumps , logs , or other debris (excluding beaver dams & lodges) from a stream that does not require machinery to cross or be operated in the water . 2 2 . PROJECTS ON PROTECTED WATERS WHICH REQUIRE DEPARTMENT NOTIFICATION a) Bridge and Culvert Replacements b ) Channel Clearing and Bank Stabilization - Any projects not covered by Section C ( 1 ) . c ) Stream Channel Realignment d) Timing - Any proposals for work that do not fall in the appropriate time periods outlined above . D. NOTIFICATION REQUIREMENTS As soon as the municipality is aware of a potential project or has prepared plans for such project , but not less than 15 business day before work begins , the municipality shall notify the Department ' s Division of Environmental Permits . E. PROCEDURES rice notified of a project the Department will : Determine if additional information , detailed plans , and/or a site inspection is required . Forward any recommendations pertaining to project design , timing , and/or environmental concerns . NOTE : The Department reserves the right to require the municipality to obtain an individual Article 15 (Stream Protection) permit for any project. 3 . Supply written approval of the project, including any project conditions . 4 . Alternatively, the municipality may contact the Department and schedule a site visit . It shall be the judgement of the Department ' s staff person (s) whether the work requested can be authorized in the field with all appropriate conditions . F. DEPARTMENT APPROVAL The municipality is bound by approved plans and must adhere to the Standards of Performance and any other conditions contained in the Department' s project approval . G. VIOLATION OF THE TERMS AND CONDITIONS OF THE MEMORANDUM If the required notification is not furnished, or in the opinion of the Department the municipality fails to onform to one or more of the Standards of Performance and/or any additional project conditions , the epartment may unilaterally rescind this Memorandum of Understanding , or take other actions as propriate . Such recision shall be effective upon receipt of written notice from the Department by the unicipality . 3 STANDARDS OF PERFORMANCE All work undertaken under this Memorandum shall meet the following standards : SAND/GRAVEL REMOVAL 1 . Access to the gravel bar shall be made over the adjacent upland stream bank without crossing the stream . 2 . Sand/gravel shall be removed by " skimming" the surface of the sand\gravel bar to a depth no lower than 6 inches above the water level at the time of work . 3 . Excavated sand/gravel shall not be stockpiled on the sand/gravel bar or stream banks but must be immediately removed from the site above the reach of high water. BANK STABILIZATION 4 . Any stream bank grading shall be carried out by equipment operating on dry land next to the stream bed . A silt fence or other means to control erosion is to be used on the downslope edge of all disturbed areas . This barrier to sediments is to be put in place before any disturbance of the ground occurs and is to be maintained in good condition until all disturbed land is heavily vegetated . During stream bank grading soil shall not be bulldozed into the stream bed or flowing water. 7 . The stream banks shall be stabilized by heavy stone riprap placed on a slope . 8 . All areas of soil disturbance resulting from a project shall be graded and seeded with an appropriate perennial grass seed and mulched with hay or straw within one week of final grading . Mulch shall be maintained until a vegetative cover is established . CLEARING AND SNAGGING 9 . Trees and brush that stabilize stream banks shall not be disturbed. Trees and shrubs overhanging in a way that could collect debris or ice and cause damming or erosion may be cut to the extent necessary to remove that potential , but shall not be uprooted. W . Snags which provide shelter in streams for fish shall not be disturbed unless they cause serious obstruction , scouring or erosion . 4 AGREEMENT PAGE It is the intent of this Memorandum of Understanding, through the mutual cooperation of the DEPARTMENT and the(City/Town/Village/County) of , to facilitate (City, Town , Village/County) public works projects , preserve to the fullest the quality of the water resources , and remain consistent with the best interests of the public . The resolution authorizing the execution of this agreement by the (City/Town/Village/County) is made a part thereof. (Signature) ( Signature) NYS Dept. of Environmental Conservation City/Town/Village/County of ate Date Mailing Address Permits may be required by the U . S . Army Corps of Engineers . Please refer to the attached sheet for additional information . It may be necessary to obtain a Section 401 Water Quality Certification from the DEPARTMENT unless you receive a Section 404 Nationwide Permit from the Corps that has already been pre-Certified by the Department . �ouform. wpd evised 1 - 16-01 November 6 , 2003 Town Board Meeting ATTACHMENT # 10 Town Engineer 's Report for 11/6/03 Town Board Meetm* GENERAL Records Management Additional map storage boxes have been delivered and map filling will continue during the fall . Park and Open Space Survey Work has been completed for the Tutalo park site and site design work is underway . Pre-Disaster Hazard Mitigation Plan The Tompkins County Planning department has received proposals for consultant services for the Hazard Mitigation Plan development. A meeting to select the consultant and develop a project schedule is scheduled for November 6, 2003 . EARTH FILL PERMITS No fill permits were issued during October. WATER PROJECTS Integrated Water System The Town Engineering staff is completing the Final design for a proposed transmission main and SCLIWC tank on Cornell University Hungerford Hill Road property, and has been in discussions with landowners for property acquisition . This project has been in the loner range capital improvement plan for the Bolton Point Water System will strengthen the transmission system with additional storage . This transmission system improvement is an important part of the plan to provide SCLIWC water to the West Hill and Inlet Valley water service area. West Hill Water System The contract for construction of the South Hill transmission main and Bostwick Road Tank, awarded to Procon Construction , is is approximately 60% complete with most of the transmission pipe on South in the ground and the Bostwick Road Storage Tank constructed . Work remaining includes construction of the Water Main on Bostwick Road , filling and testing of the water main , installation of the control valve building, disinfection of the storage tank and final restoration work. The project is about a week behind schedule due to the amount of hard rock encountered on south hill , and substantial completion is expected by December I , 2003 . Natgun Inc . has been working rapidly on the West Hill Tank project and the work is approximately 60% complete . Some time has been lost due to the wet weather and the project is about a week behind schedule . The water main to the tank has been installed , and tank construction is nearing completion . Road improvements have been started and should be completed the week of November 17 . Some additional roadwork is being done due to weak base conditions found on site after construction started . SEWER PROJECTS South woods Subdivision Force Main The Developer has been notified that the Town of Ithaca will not be extending sewer on Coddington Road and therefore the developer will be construction the high lift pump station and 4" DIP force main to the existing sewer on Troy Road . The Existing gravity sewer on Troy Road will be extended approximately 300 feet to the south side of Troy Road as part of this project The Town is working with the developer to build this 300 feet as gravity sewer rather than force main to minimize operational problems of sharp turns on the Force main and allow the planned extension of gravity sewer from Troy Rd to Ridgecrest Road on the South side of E . Kinu Road TOWN ENGINEERS REPORT 11 /06/03 DEVELOPMENT REVIEW ECOVILLAGE EcoVillage is nearing completion on the site work and buildings for the Second Residents ' Group. Sediment and erosion controls have been maintained adequately during construction Final site work and landscaping will be completed as the Buildings are Finished . COLLEGE CIRCLE Ithaca College is Building additional Parking for College Circle on the North side of the apartment project. This received site plan approval from the Planning Board and the Engineering staff is inspecting drainage improvements and sediment control work. LINDERMAN CREEK PHASE TWO Linderman Creek Phase Two is substantially complete and the owner has started the construction of Phase 3 , which consists of 3 eight- unit buildings . The Town Engineering staff is inspecting the site periodically to ensure compliance with the approved site plan . Town Engineer's Report November 6, 200; Daniel R . Walker Paget 1 /20/2004 TOWN CLERK ' S MONTHLY REPORT N OF ITHACA , NEW YORK OCTOBER , 2003 THE SUPERVISOR : PAGE 1 uant to Section 27 , Subd 1 of the Town Law , I hereby make the following statement of all fees and moneys received e 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 : A 1255 1 1 MARRIAGE LICENSES NO. 03107 TO 03117 137 . 50 5 MISC . COPIES 24 .25 2 SUBDIVISION REGULATIONS 6.00 3 TAX SEARCH 15 .00 1 ZONING MAP 1 . 50 1 USE OF PARKS & BLDG 15 . 00 1 PARK OPEN SPACE EXEC SUM 5 . 30 3 MARRIAGE TRANSCRIPT 30 .00 TOTAL TOWN CLERK FEES 234.55 A 1556 1 SPCA CONTRACT 30.00 TOTAL A1556 30.00 0 7 BINGO PROCEEDS 35 .25 TOTAL A2540 35.25 4 DOG LICENSES 904 .45 TOTAL A2544 904.45 132110 23 BUILDING PERMIT 71030. 00 2 BUILDING PERMIT EXTENSIN 50.00 3 FOUNDATION PERMITS 1 , 162 . 50 2 TEMP. CERT. OF OCCUPANCY 262 . 50 2 OPERATING PERMITS 100. 00 3 FIRE SAFETY INSPECTIONS 150. 00 1 SIGN PERMITS 107 . 83 TOTAL B2110 87862.83 B2115 SUBDV . REV. INITIAL APL . 125 . 00 1 SITE PLAN INIT. APL . FEE 75 .00 1 SITE PLAN FINAL PLAN 100.00 TOTAL B2115 300,00 WN CLERK ' S MONTHLY REPORT OBER, 2003 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 17204 . 25 PAID TO SUPERVISOR FOR PART TOWN FUND 9 , 162 . 83 PAID TO COUNTY TREASURER FOR DOG LICENSES 194 . 05 PAID TO AG & MARKETS FOR DOG LICENSES 30.00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 247 . 50 TOTAL DISBURSEMENTS 10,838.63 NOVEMBER 2 , 2003 SUPERVISOR STATE OF NEW YORK , COUNTY OF TOMPKINS , TOWN OF ITHACA 1 , TEE-ANN HUNTER , 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 , exceptin (* only such Fees the application and payment of' which are otherwise provided for by law . Subscribed and sworn to before me this Town Clerk day of 20 Notary Public TOWN OF ITHACA Highway Department October Town Board Report for November 6, 2003 Meeting Administration Winter Maintenance : Snow season is almost upon us . Truck plow frames and spreaders were put on . The Highway Department is prepared to respond to whatever weather conditions come our way . The 2002-2003 winter season was much harder than recent years have been, leaving our snow budget rather low going into the 2003-2004 season. The Town should be OK with the amount left in the snow budget—if the weather in November and December does not treat us to badly . The Highway Department conducted their tri-annual defensive driving course, which includes having the teacher observe the employees while they drive the dump trucks . This gives them and the Town a better idea of individual driving habits . It also helps to reinformce good driving habits for our drivers . Roads Road Inspections : The Highway Department has been keeping tabs on the road construction in Saponi Meadows and Southwoods . The road in Saponi Meadows, called Apple Blossom Lane, is nearing completion and will soon be before the Town Board for acceptance . Southwoods development, at this point, is not ready to be accepted . They could move forward and also be ready for acceptance at the next meeting . The crews repaired the ditch on West King Road above Upper Buttermilk Park . There was a lot of erosion that was being discharged into Buttermilk Creek . We assisted the State Police and Fire Department on Sand Bank Road where a fuel spill had occurred . Our sanders got exercised in preparation for winter . With the black top plants closing at the end of October, we tried to make sure all our hot patching projects were accomplished . We replaced a pipe and catch basin at the end of Beebe Lake by Plantation Road . We completed the topsoil and seeding on Winthrop Drive and , also finally, at the Public Works Facility . The semi- annual brush collection has been completed in October . We were fortunate to have large quantities of brush to remove because of the various storms we had throughout the year since the last pick up . We are now preparing to start leaf collection (November 3)—hoping that it doesn' t snow on the leaf piles . Parks and Trails Reconstruction of Lisa Lane Walkway is nearly completed . The paving is now done . Some plantings will be installed in the spring . Shrub trimming was completed at all sites . Final mowing and leaf removal is continuing as weather permits . The dog waste collection station at the Hudson Street entrance to South Hill Trail was installed . Final tree plantings at Iacovelli Park were finished . Water and Sewer Sewer: The Highway Department cleaned sewer lines in Danby Road (Route 96B ) below LaTuorrelle . There was a willow tree over a manhole . Its roots were clogging the sewer line n conjunction with the build up of grease . We removed the willow tree and used our root saw to clean out the line . There was also a sewer line clog at 1442 Hanshaw Road . It was, again, a willow tree over the sewer line that had infiltrated the sewer line . We have talked to the resident and they were agreeable to allow us to remove the tree . We video inspected the sewer lines on Seven Mile . Drive, Bundy Road, and Hanshaw Road . At 928 Danby Road, the water and sewer line were exposed . We insulated and covered them . Water: The Highway Department repaired water line breaks on West King Road, where we had three breaks in the line . We also repaired one in the shoulder of Route 366 by Cornell Orchards . We repaired one on Christopher Circle—that took until 2: 00 a . m ., and one on Muriel Street . We did our regular PRV tour of inspection . Our technicians were kept quite busy inspecting the various water projects that are ongoing : The Stone Quarry water main, the Eco-Village tank, Bostwick Road tank, and the Coy Glen pump station and water line project that will be starting in November. Also, sewer and water line installtions at Apply Blossom Lane and Southwoods were inspected . We located the water leak on West Hill that we have been looking for for months . We worked with LRS, who repaired the leak as part of their guarantee work . We assisted Bolton Point in their inspection of their clear well . Intermunicpal Work During the month of October we helped the Town of Ulysses and Town of Newfield put shoulders on roads within their jurisdictions . We also assisted the County with our jet rod and helped haul materials for the Town of Danby and Town of Newfield . We worked with DEC on the removal of gravel from the flood control structure in the inlet . ghk 01y 0 F I Try9c a TOWN OF ITHACA PLANNING DEPARTMENT M 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 �� W ( o`� Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for November 6 , 2003 Town Board Meeting DEVELOPMENT REVIEW October 7 , 2003 Meeting : Cayuga Medical Center — Radiation Oncology Unit : Modification of Condition, 101 Harris B. Dates Drive : The Planning Board approved a modification of Condition 2 . c , of the September 2 , 2003 Planning Board Resolution granting Preliminary and Final Site Plan Approval for the proposed Radiation Oncology addition to the Cayuga Medical Center located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No . 24-3 -2 . 1 , Residence District R- 30 . Said condition required the applicant to submit a copy of the Certificate of Need from New York State Health Department prior to issuance of a Building Permit from the Town of Ithaca. Cayuga Medical Center at Ithaca, Owner; HOLT Architects, PC , Applicant. Ithaca Beer Company Expansion , 606 Elmira Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed 3 , 100 +/- square foot addition to the Ithaca Beer Company located at 606 Elmira Road, Town of Ithaca Tax Parcel No . 33 -3 -2 . 1 , Light Industrial District . The warehouse addition will be placed at the rear of the current building on the existing paved area and will be used to expand production, to house additional tanks and storage , and add a larger bottling line . Yunis Realty, Inc . , Owner; Dan Mitchell, Ithaca Beer Company, Applicant, Westview Subdivision — Follow-up Sketch Plan, Schickel Road and Danby Road : The Planning Board considered a follow-up Sketch Plan review for the proposed 34-lot Westview Subdivision located at the intersection of Schickel Road and NYS Route 96B (Danby Road) , Town of Ithaca Tax Parcel No . 36-2 - 3 . 2 , Residence District R-30 . The proposal includes extending Schickel Road towards the east and creating a loop road for 32 residential lots and two lots totaling 2 . 4 +/- acres for parkland. Igor Cheikhet, Owner; Boris Simkin, Applicant. Discussion Regarding Draft GEIS for Proposed Zoning Revisions : The Planning Board discussed the Draft Generic Environmental Impact Statement (GEIS) for the proposed Town of Ithaca Zoning Revisions . The Planning Board had previously issued an affirmative recommendation to the Town Board regarding the Zoning Revisions, and had requested the opportunity to review the Draft GEIS when completed. The Planning Board reviewed the Draft GEIS and had no further comments or recommendations , and indicated that the GEIS appeared to be very thorough. October 21 , 2003 Meeting : Ponchalek 2-Lot Subdivision, Kendall Avenue : The Planning Board considered Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at the end of Kendall Avenue , Town of Ithaca Tax Parcel No . 54-4- 15 , Residence District R-9 . The proposal includes subdividing the 0 .437 +/- acre parcel (which does not front on a public road) into two lots for construction of a two-family dwelling on each lot. Anthony Ponchalek, Owner/Applicant. The applicant withdrew the proposal because of unresolved issues regarding access to the property and the extension of Kendall Avenue and the overabundance of student housing in the Kendall Avenue area. Duscussion Regarding Tompkins County Agricultural District # 1 Eight Year Review: The Planning Board heard a presentation by Deborah Teeter of Cornell Cooperative Extension of Tompkins County regarding the eight-year review of County Agricultural District # 1 , which includes a small area in the southeast corner of the Town of Ithaca. The Planning Board and staff proposed several areas for deletion from the Agricultural District because of the presence of residential development, such as the Southwoods Subdivision (currently under construction) and adjacent undeveloped land, as well as developed lots along Burns Road and Coddington Road. The Cooperative Extension will consider these recommendations, notify landowners of pending changes, and report back to the Town with their recommendations in January or February 2004 . CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following are accomplishments or issues that have been dealt with over the past month. SEAR Reviews for Zoning Board : Four additional SEQR reviews for the Zoning Board were done since the October report : ( 1 ) variances to permit a two-family home with each dwelling unit having an equal floor area (frontage and width variances also required), 1020 Hanshaw Road, Residence District R- 15 , Scott Flatt, Appellant; (2) special approval and variances to add a second dwelling unit in a non-conforming building/lot to construct an addition to an existing residence (front yard variance also required), 246 Renwick Drive, R-30 Residence District, Charlene Temple, Appellant; (3 ) variance to reside in an existing single-family residence while constructing a new residential building (a tax parcel can contain only one principal residential structure) , 138 Ridgecrest Road, R- 15 Residence District , Lisa Wapen, Appellant; and (4) variances to permit the construction of a parking lot to serve multiple residences at College Circle with said parking lot located in an R- 15 Residence District and within the side yard setback of the Multiple Residence District, Danby Road, R- 15 Residence District and MR Multiple Residence District, Ithaca College and College Circle Associates, LLC/South Hill Land Associates , Appellants . Codes and Ordinances Committee : The Committee met on October 15 , 2003 to discuss public comments received regarding the Draft Generic Environmental Impact Statement for the Zoning Revisions , possible follow-up modifications to the Zoning Revisions based on public comments and a meeting with NYS Agriculture and Markets , and possible revisions to the local law establishing fees . The Committee agreed to several additional minor revisions to the draft Zoning Ordinance, which will be described in the Final GEIS . The Committee is considering re-structuring the development review fee system to be on a set-fee approach based on project cost (instead of the current approach based on tracking staff time involved in project review) . The next meeting is I 'nwn vfliha a Planni i rr ate girt Wiiuember 6, 1OQ3 xBnar ectxng F tentatively scheduled for November 19 , 2003 , where discussion will continue on the revised fee law and suggested revision to the Town Environmental Review Law . Transportation Committee : The next Committee meeting is scheduled for Thursday, October 30 , 2003 . The agenda will include an update on fall Sheriff' s patrolling and speed monitoring, discussion regarding preliminary results of the residents ' survey, review of additional volume and speed data analysis , and continued discussion regarding the transportation plan process . Conservation Board : The Board met on October 2 , 2003 . Agenda items included reports from the Environmental Management Council and Natural Areas Commission representatives and from staff regarding the Town Board ' s input on the Richard B . Fischer Awards program and youth participation on the Conservation Board, viewshed study work, review of the Draft GEIS for the Zoning Revisions, and an update on work being done on the stream buffer ordinance . Staff is progressing with working with Spatial Analyst software to determine watersheds contributing to streams and creeks , which will be applied to recommendations for the proposed stream buffer ordinance . The Conservation Board will be considering final recommendations on the stream buffer approach in the next couple of months, after which recommendations will be forwarded to the Codes and Ordinances Committee for consideration . The next meeting of the Conservation Board is scheduled for Thursday, November 6 , 2003 . Zoning Revisions : Ten letters/emails with comments on the Draft Generic Environmental Impact Statement (GEIS) were received prior to the public comment deadline of October 14`h . Preliminary comments were also discussed with a representative from the NYS Department of Agriculture and Markets . All of these and the public comments that were made at the October 2nd public hearing will be included in the Final GEIS , which will include responses to those comments that are substantive . Staff has been meeting with residents who have questions about how the proposed Zoning Revisions will affect their properties . Staff is preparing the Final GEIS , which will be distributed to the Town Board for consideration of acceptance at the November 6 , 2003 meeting . The Final GEIS will also include several follow-up revisions recommended by the Codes and Ordinances Committee . The Board will also be requested to consider setting a public hearing date to consider adoption of the proposed Zoning Revisions . MOA Planning Coalition : The next meeting of the Planning Coalition is scheduled for October 29 , 2003 . Agenda items will include an update on the Tompkins County Comprehensive Plan open space element, a presentation of the Town of Dryden Draft Comprehensive Plan, and a report on the snowmobile trails program. New York Planning Federation Conference : Chris Balestra, Fred Wilcox and a representative from John Barney ' s office attended the New York Planning Federation Conference in Lake Placid, N . Y . from September 21 -24, 2003 . Materials on various subjects discussed at the conference are available from Chris Balestra in the Planning Department. 3 � oMicrosoft plo File Edit View Favorites Tools Help TOM Of Itev UV Network/Record Specialist Report to Town Board November 6, 2003 Sept & Oct Web Site Visits m Sept ■Oct 1500 AA 1000 c 500 0 Home Go\/t Services Information Community Pages We • Zoning GEIS materials have been posted on our website. • 2004 Budget to be posted after Town Board adoption. • New features planned for site include web cam, photo albums, streaming audio and video. Network • Windows 2000 Server and Client conversion project at Town Hall underway this month. Sherpa Technologies will do some work offsite and during non business hours to reduce the amount of time server is unavailable at Town Hall. This project, once completed, will give the Town Hall and the Public Works Facility networks seamless integration. Network/Record Specialist will be doing some of the work that was originally proposed to be completed by Sherpa Technologies; significantly reducing the overall cost of the project. Additional Items SDG Database Protect • The interface has been beta tested by Town Hall staff. A list of minor adjustments for SDG to correct has been sent. Once these changes are made, the interface will be available all Town Hall staff. A technician from SDG will conduct the on-site training for staff. Records Management Half Da • November 21S`, 8:00am-Noon. Staff will have the opportunity to go through their digital files. Downloading picture http:l/www.town.ithaca.ny.usi-derived/contactus.htm_cmp_twc•ithaca010 hbtn.gil... Internet �StartlCrCacheman � Inbox Microsoft0utlook Z]Townotlthaca Micr_. ,P � �4/0 8:54, Regular Meeting of the Ithaca Town Board November 6 , 2003 Human Resources Report for October 2003 Personnel Committee : Attached are the draft minutes from the October 15 , 2003 meeting . The committee discussed the issue of raising the P shift rate for the highway staff from $ 0 . 60 . Further discussion will follow in November for a recommendation to the Town Board in December. Safety Committee : Attached are the draft minutes from the October 3 , 2003 meeting . Wellness Program : The annual wellness fair has been scheduled for Thursday , November 13th from 11 : 30 am to 1 : 30 pm . At the fair there will be Flu shots , blood pressure screening , glucose screening , cholesterol screening and body fat analysis . This is all free to the employees . The flu shots will be provided by Cayuga Medical Center and the rest of the screenings will be offered by Blue Cross Blue Shield . This year there will also be representatives available to answer questions from Blue Cross Blue Shield , Guardian , and AFLAC regarding open enrollment . Training and Development : The Defensive Driving 6 hours course was held . All the Town employees have completed the course , except for one person who the Town will be paying for him to attend the course at BOCES . We offer this course free of charge to all employees who drive a town vehicle , which is a cost of $40 per person . There were 11 employees who attended that the Town paid the entire cost of the program . There were 8 employees who attended that the Town paid 50 % of the cost of the program . This program is offered every three years , which by attending the employees get 10 % off their auto insurance each year for three years and it reduces up to 4 points off their license , if they have any . Also the Highway employees went through a defensive driving program that was set up through the National Tractor Trailer School . Through this program the CDL drivers have a person ride with them and then they added special points of concern into the class discussion . Personnel — Civil Service : Work has been done with Town Clerk and Network/ Records Specialist to fine tune the job description of the Network/Records Specialist . The job description has been passed onto Civil Service for their approval . The Town Board will be asked to approve the modified job description at the November meeting . Draft Draft Draft Town of Ithaca Personnel Committee Meeting October 15 , 2003 1 : 30pm Members Present : Councilman Bill Lesser; Don Ten Kate , Working Supervisor; Cindy Vicedomini , Court Clerk Absent : Supervisor Catherine Valentino ; Larry Salmi , Heavy Equipment Operator; Dani Holford , Senior Typist Support Staff: Judith C . Drake , Human Resources Manager Others Attending : Paul Tunison , General Manager SCLIWC Call to order: 1 : 35 p . m . Agenda Item #2 : Review Minutes of August 6, 2003 meeting : Approved as read . Agenda Item #3 : Persons to be Heard : None . Agenda Item #4 : Review Benefit Part of Survey: Distributed a draft of the Benefit Comparison section of the Salary and Benefit Survey that was done this summer. There is still more work to be done on completing the survey for a final review. Judy will be adding a summary column to the spreadsheet . Paul asked overall how the Town 's benefits compared to the others . Judy felt the Town is very comparative to the other municipalities . There are some but just a few municipalities that still offer health insurance at 100 % employer paid . The employee share of premiums ranged from flat dollar amounts to 10-25 % of monthly premiums . Judy also pointed out that several of the places offer 25 days of vacation as the maximum versus our 20 days . The survey will be reviewed further at the next meeting . The committee was asked to look over the draft they had and to highlight any points of interest they wanted to discuss further. DRAFT DRAFT Town of Ithaca Safety Committee Minutes , Friday , October 3 , 2003 Present : Dave Boyes , Tim Eighmey , Judy Drake , Kristie Rice , Creig Hebdon The meeting began at : 7 : 45 am 1 . MINUTES : September 12 , 2003 minutes approved . 2 . REVIEW OF ACCIDENTS / INCIDENTS . There were no new accidents or incidents to discuss . Committee reviewed that Claim status report as of August 31 , 2003 . There have been a total of 22 claims since July 1 , 1999 with total incurred losses of $67 , 628 . 48 , and two claims still open . 3 . STATUS OF PESH INSPECTION : We have not had a re- inspection by PESH yet. Citation 1 Item 7 is still be worked out . Fred will contact PESH for further discussion . 4 . UPDATE ON INTERSECTIONS : Creig reported that there is nothing new to update on mapping project part . Committee discussed intersection of Elm Street and Coy Glen . Creig will start with getting a survey done on that intersection . Committee also wanted information regarding traffic counts on that intersection . Committee recommends having Fred bring this intersection and the problems up to the Transportation Committee for their review . We also discussed that most likely there hasn ' t been enough contact with the owner regarding the hedges that cause some of the sight problems . The owners may work with the Town on alleviating some of the problem , but we won ' t know until we talk with them . 5 . UPDATE ON STATUS OF INVENTORY OF FIRST AID KITS IN VEHICLES . Tim and Dave will work with the crews before they go out and do brush and leave collection . 6 . UPDATE ON STATUS OF OTHER ITEMS : a . Drug and alcohol testing for non -CDL drivers . Judy will draft a policy for the committee to review at November meeting . Judy will check with Court Clerks regarding CDL drivers getting ticketed while driving their own vehicles . Petition Opposing Proposed Rezoning in Town of Ithaca November 2003 te are the Farmers and Landowners of West Hill , in the Town of Ithaca . From the signatures below indicating opposition to the proposed rezoning it is clear that many of the farmers and land owners of consequence on West Hill do not support the extreme reduction of density outlined in the Proposed Comprehensive Plan . Given the limited number of active farms in the Town of Ithaca we are disturbed to find that many of the farmers and landowners directly effected by the extreme reduction of density and accompanying unrealistic site plan requirements were not privy to these proposed changes. We suggest that while the above noted changes are in the name of protecting the ideal upheld by farmers, these same changes have a blatant disregard for the people who actually farm land and are stewards to land in the Town of Ithaca. We require to be given a true voice in these planning decisions that most effect us as farmers and landowners. This requires additional time for us to further review the full implications of the proposed changes , as well as time for our majority opinion to be properly incorporated into the Proposed Comprehensive Plan. At present the proposed changes to zoning on our land is unacceptable. Name Signature Tax Map Number and/or Address Date > 2 . 3 . / I IM 3 b . Ian/'I l P 4 (�4e°e - z<X�-.�.c-r/L - �Jf � v /�Cci! A:io3 5 . -D L -7F 1l (rte 1 5 b � 6. l /4 l � -- / ,� S 8 . , q J� 9. Clef ! 10. / �L r z Y �� �4 :7!� e/- • Petition Opposing Proposed Rezoning in Town of Ithaca November 2003 We are the Farmers and Landowners of West Hill , in the Town of Ithaca. From the signatures below indicating opposition to the proposed rezoning it is clear that many of the farmers and land owners of consequence on West Hill do not support the extreme reduction of density outlined in the Proposed Comprehensive Plan. Given the limited number of active farms in the Town of Ithaca we are disturbed to find that many of the farmers and landowners directly effected by the extreme reduction of density and accompanying unrealistic site plan requirements were not privy to these proposed changes. We suggest that while the above noted changes are in the name of protecting the ideal upheld by farmers, these same changes have a blatant disregard for the people who actually farm land and are stewards to land in the Town of Ithaca. We require to be given a true voice in these planning decisions that most effect us as farmers and landowners. This requires additional time for us to further review the full implications of the proposed changes, as well as time for our majority opinion to be properly incorporated into the Proposed Comprehensive Plan. At present the proposed changes to zoning on our land is unacceptable. Name Signature Tax Map Number and/or Address Date 4 5 44( (3 d o ILA - cam h tiii C7C li y v + T t a: N