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TB Minutes 2005-02-07
February 7 , 2005 Town Board Meeting Approved March 7, 2005 Regular Meeting of the Ithaca Town Board Monday, February 7 , at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY THOSE PRESENT : Supervisor Valentino , Councilwoman Grigorov ; Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein STAFF PRESENT : Tee-Ann Hunter, Town Clerk ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent; Jonathan Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Manager; Andy Frost, Director of Building and Zoning OTHERS PRESENT : John Barney , Attorney for the Town ; Tim Joseph , Tompkins County Legislature ; Jim Hanson , Better Housing of Tompkins County , Fay Gougakis , 406 Utica Street, Stacey Crawford , Better Housing of Tompkins County ; John Fennessey Conifer Realty ; John and Stephanie Orak , Coddington Road CALL TO ORDER : Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of Tompkins County Board of Representatives Tim Joseph appeared before the Board on behalf of the County Legislature . Mr. Joseph reported having attended the State Association of Counties conference where the big topics were Medicaid and jails . Both are State mandates that counties all across the state are struggling with . The Governor, Comptroller Hevesi , and Senator Bruno spoke and they all tried to convince those present it wasn 't their fault . The Association is planning a series of press conferences around the state pushing the Medicaid mandate issue and demanding a cap on the local share . Mr. Joseph reported having created a committee to look at the possibility of a local income tax . That committee is going to be making an interim report to the budget committee the following Tuesday . Per Barbara Lifton and representing Senators , the legislature would be willing to entertain the possibility of a local income tax provided it was clearly intended as a way to provide property tax relief rather than a new revenue source and that it came with a referendum . What does not seem to be acceptable is a tax that also captures commuters who work here and live elsewhere . Having established that it might be feasible to do it there is still the question of whether it is desirable . The reason for it is to enact a tax that is more progressive . Mr. Joseph stated his belief that the income tax falls much more heavily on those much more able to afford it and one of the arguments about state mandates is that they are not just a shift from one form of taxation to another, but from one set of tax payers to another. By cutting income tax while forcing local governments to raise property taxes they shifted the tax burden downward on the income scale . Mr. Joseph expected to find that property tax was a clearly regressive tax , but it' s a little more ambiguous than that. The people at the bottom pay a much bigger proportion of their income and the people at the top pay a very small one in property tax . The people in between generally follow a slightly progressive trend so it' s not perfectly clear and there will be more discussion . 1 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 I I Mr. Joseph invited questions from the Board . Councilman Engman asked if the County had given any thought to the Lake Source Cooling issue . Mr . Joseph told him it would be on the agenda for the County' s next meeting (a week from tomorrow) . The resolution coming before the legislature calls for continued monitoring and Mr. Joseph expected that to pass easily . Mr. Joseph stated he was a strong supporter of Lake Source Cooling , but felt it was a mistake for Cornell to be suggesting that they stop doing the monitoring at the current level . Mr. Joseph stated Lake Source Cooling is a good i environmental move that he' d like to see a lot more of and the only real question he sees is whether they ought to dump the used water in the shallow end or do you have to build a longer pipe and put it in the deep part . Supervisor Valentino commented that sometimes the community has locked in so much on what the problems might be with Lake Source Cooling that we forget some of the other really substantial problems in the south end of the lake that the Water Resource Council has been talking about. The Town of Ithaca has a committee right now working on an ordinance for stream bank stabilization to address the problem of silt coming into the lake . Ms . Valentino felt that if the community is going to work together to preserve the quality of the water in the south end of the lake we 've got to look at aspects other than just the Lake Source Cooling . Councilman Burbank asked if there had been any new developments in terms of local discussions of voting machines . Mr. Joseph told him there hasn 't been . The government operations committee is looking at it , but he didn 't know if there had been any recent decisions changing anything . He felt there was strong sentiment on the legislature that the optical scan machines are the preferable option and they would like to see the State include that as either the only or one of the choices . He did not have any new information on what the State is doing . Agenda Item No . 4 — Report from City of Ithaca Common Council Ms . Korherr appear before the Board on behalf of Common Council . Ms . Korherr reported that Common Council has unanimously disapproved Cornell ' s proposed reduction in monitoring sites . Ms . Korherr thanked Councilman Engman for coming before the City' s Governance Committee to speak on behalf of the Town of Ithaca with regard to this issue . Ms . Korherr commented that the City did not have a representative on the Data Sharing Group and they are trying to track how and why that happened and perhaps place someone from the City on the committee . Ms . Korherr reported that flooding occurred in the City of Ithaca . The incident actually tested City operations , one of which is notification of residents . Many residents sustained significant damage to their homes and advance notice may have prevented this . When the Board hears Mr. Romanowski talk about strategic planning for the Fire Department , emergency response follows that same idea . Where many years ago we may have had 700 volunteers in a fire fighter and emergency response system , we now have less than 100 . A volunteer network is very important to our community and this piece of strategic planning is something we really 2 I i February 7 , 2005 Town Board Meeting Approved March 7, 2005 need to look at . On a good note , all of the City' s resources worked beautifully to respond to residents . Ms . Korherr assured the Board that if a disaster occurred in the Town of Ithaca , City resources would be available to work with those responding to other municipalities . Ms . Korherr thanked Board members and Supervisor Valentino for working with the City to try to resolve the recreation facilities issues . There have been two meetings . Ms Korherr' s hope is that the group can work towards a long -term solution . The facilities are extremely costly and it' s difficult for each municipality to create their own . Ms . Korherr thought it would benefit all residents for the Town and City to work together, perhaps in a graduated plan over a period of years . Agenda Item No . 5 — Report of the Fire Commission (Attachment #1 — monthly report) Neither Bob Romanowski nor Greg Kirkpatrick was able to be present for the meeting . Materials from the Commission were on the table for Board review. Agenda Item No . 6 — Persons to be Heard and Board Comments (Attachment #2 — 2/4/2005 letter from Vanda McMurty, Cornell University) Supervisor Valentino asked for comments from the Board . Councilman Engman told the Board that when he and Jon Kanter went to the Lake Source Cooling Data Sharing Group Meeting , he asked what the savings would be of reducing the number of monitoring sites from 9 to 2 . At the meeting they were told the savings would be $ 30 , 000 . He found it interesting that the figure being used in the papers has been $ 50 , 000 . Supervisor Valentino drew the Board ' s attention to a letter from Cornell ' s Vanda B . McMurty that uses the $ 50 , 000 number. Ms . Valentino thought the interesting thing about her letter was the indication that there may be a real opportunity for the Town to get Cornell to put more resources into helping solve the problems in the south end of the lake . Mr. Engman reported that it was indicated by Cornell at the City of Ithaca meeting that they would be funding another year of help to the Town in order to continue . There are good things about Lake Source Cooling and Cornell ' s willingness to get the data and feel comfortable with it. Councilman Engman felt it was a little too early to stop all the testing , which will helpfully lead to some better conclusions in the future . Supervisor Valentino mentioned that she has a press release that the board can give out after their discussion of the monitoring . Cornell has agreed to share in the costs of paying Benchmark . Councilman Burbank stated that the ticketing in the dog park is being aggressively enforced . He thought it really highlighted the need for a place where people can legally walk their dogs without a leash . The paper mentioned the possibility of a dog park being located next to the SPCA adoption center. There are many obstacles with that particular location , but it was also recommended to have several different locations . Supervisor Valentino added there is an upcoming meeting at the City of Ithaca to discuss dog parks . Councilman Burbank thought that there was interest in supporting a dog park . He mentioned that a portion of a park could be designated for dogs during certain hours of the day as a possible avenue to explore . 3 I February 7 , 2005 Town Board Meeting Approved March 7, 2005 Persons to be Heard John Schrodder, President of EcoVillage at Ithaca Mr. Schrodder explained that residents of West Hill helped fund the purchase of land for the Town park off West Haven Road . The EcoVillage Board thought it appropriate to suggest names for the new park , the Mary Weber Park or West Haven Park . The EcoVillage Board thought the Mary Weber Park would be appropriate because there is 55 acres of conservation easement land adjacent to the park . The conservation easement is held by the Finger Lakes Land Trust and insures the 55 acres will remain as open space . The land is a benefit to the Town of Ithaca because it preserves agricultural land and it is also the background for the sunset when viewed from East Hill . The conservation easement land was a result of the efforts of Mary Weber. She was a founder of EcoVillage , helped organize EcoVillage and loaned a quarter of the money to purchase land for EcoVillage . The loan was later forgiven in exchange for a conservation easement on the 55 acres . Ms . Weber was also a Cornell graduate and the head of the Center for Religion , Ethics , Social policy of Cornell . The idea behind West Haven Park is its location near West Haven Road . The park could i become the natural forested haven that is the name sake of West Haven Road . Supervisor Valentino thanked Mr. Schrodder and the EcoVillage Board for taking the time to come up with names for the new park . Councilman Burbank asked if the committee included mostly EcoVillage residents . Mr. Schrodder responded that the suggestions are from the EcoVillage Board . William Farrell , Danby (Attachment #3 — 2/7/2005 letter/petition signed by W. Farrell , A Simmons , E . Langendoerfer ; M . Visnyei ) Mr. Farrell requested that the Board consider extending sewer out Coddington Road . He provided the board with a petition from residents requesting sewer . Supervisor Valentino stated that board members have copies of Mr. Farrell ' s letter. She thought it was a good letter and that it outlined their points very well . Mr. Farrell explained that when water was extended along Coddington Road in 1982 , they were told that they would have to have sewer and then it never came . The residents requested sewer in 1990 and it was turned down . Another petition was submitted in 2003 when the Southwoods Subdivision started to be developed . Mr. Farrell commented that the Town has always been concerned about further development on Coddington Road if sewer was extended . He thought that there wasn 't a lot of land available for development on Coddington Road . Supervisor Valentino stated that the petition would be entered into the record and then it would go to the Capital Projects Committee for their review . 4 February 7 , 2005 Town . Board Meeting Approved March 7, 2005 Mr. Farrell added that the road might be widened and they thought it would be good time to put in the sewer. Bill Gilligan , Town Resident and IFD Volunteer Mr. Gilligan wanted to give the board a brief update on behalf of the Ithaca Volunteer Firefighters unit . They have been working with Chief Wilbur to develop a proposal to present with the Ithaca Fire Department to City Council regarding the continuation of the volunteer program and the bunker program . There are bunkers who are active in the department recruiting for new bunkers . They are very optimistic about getting community members willing to serve in the bunker program . He is hopeful that the Fire Department will be able to obtain the funding to support the training efforts . It has been requested that a training officer be added to the Ithaca Fire Department, as it will benefit both volunteer and career fire fighters . Supervisor Valentino asked for a budget estimate for keeping the volunteer programs going . Mr . Gilligan responded it was estimated to cost $20 , 000 to $ 30 , 000 in overtime for bunker training . He thought it would be preferable to add the training position , but it would cost approximately $ 100 , 000 for the added position . Supervisor Valentino thanked Mr. Gilligan for his continued efforts in trying to upgrade the fire department . Fay Gougakis , 406 Utica St Supervisor Valentino thanked Ms . Gougakis for the effort she put into making people and the newspapers aware of the monitoring for Lake Source Cooling . The Town has done everything they can with regard to the monitoring and asking DEC not to lower the number of monitoring locations . Ms . Gougakis opened by stating she appreciates all the Town has done with regard to jet skis and Lake Source Cooling . She was disappointed that the resolutions were not as strong as the letters sent to DEC . Ms . Gougakis felt that Cornell was pulling a fast one on the community . Only Cornell ' s side is being presented in the poll running in the Ithaca Journal . She stated that the issue is being buried by the media along with the very people that are concerned about the Lake Source Cooling issue . Ms . Gougakis went on to speak passionately about Lake Source Cooling and the monitoring issue . Supervisor Valentino commented that Ms . Gougakis made her point very well and thanked her for her efforts to draw community attention to the issue . Agenda Item No . 7 — Discussion of Resolution and Letter of Support for Conifer Elderly Housing Proiect (Attachment #12 — Letter from Carol Oster) John Fennessey, Conifer Realty Mr. Fennessey stated the first phase of Linderman was designed a number of years ago and consisted of 56 units . The second phase consisted of 72 units and the third phase contained 24 units . The current proposal is for an elderly housing development. They are attempting to 5 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 i file an application with the NYS Department of Housing and Community Renewal on February 28th . Mr. Fennessey would like to get as much support for the project as they can to show that they have a viable project proposed . Stacy Crawford , Better Housing of Tompkins County Better Housing of Tompkins County is involved with projects that involve affordable housing in Tompkins County . They have been involved with all phases of Linderman Creek . Half the housing would be for people below 60 % of the area mediaan and the other half would be below 90 % of area median with a mix of one and two bedrooms . There are not a lot of quality units for seniors and it will have similar amenities IikE! those available at Ellis Hollow Senior Apartments , Better Housing would also be involved with the project long term . They've suggested a residence service coordinator be on site to help with connecting seniors with programs and services . I They are requesting support from the Town Board for the application to the State . There is a better chance of receiving money when there is community support . Councilwoman Grigorov asked if bus service would be available . Mr. Fennessey responded i that the plans have been sent to TCAT and he has verbal confirmation of bus service . Councilman Burbank asked where the application was with regard to the Planning Board . Mr. Kanter answered that the application was submitted within the last month and is scheduled for the Planning Board on February 22 "d . Councilman Burbank was concerned about the board supporting a project that had not gone through the Planning Board process . He understands that timing is essential , but had questions about the appropriateness of the large-scale development in that location and its impact on adjacent areas . He would like to hear what the Planning Board says before moving on the rezoning question . Councilman Burbank felt that the need was there and he wants to see affordable housing . Councilwoman Grigorov thought that Councilman Burbank would be able to endorse the project for the application . The Town Board is not obliged to rezone because of a letter of support. Supervisor Valentino and Mr. Kanter worked on the letter of support and the resolution so that the Town was supporting the concept without supporting the actual site . Mr. Fennessey explained to the board that they performed a balloon test to show the height difference between a flat roof and a peaked roof. He presented pictures illustrating the difference . Councilwoman Gittelman understood that there is a problem in the community with there not being enough affordable housing . She wondered what kind of an impact this project would make in satisfying the need for affordable housing . Ms . Crawford , of Better Housing for Tompkins County, stated according to market studies she saw there were 975 households that meet the criteria . It would satisfy a small percent of the need , 72 of 975 . Councilman Stein added that the number is 975 total and it doesn 't specify whether they currently rent or own a home . 6 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Supervisor Valentino explained that Conifer was looking for a letter of support to send to the State for their application . It does not hamper the Planning Board process or lock the Town Board or Planning Board into an approval of the project. Councilman Engman asked if consideration had been given for enhanced housing for seniors . Ms . Crawford responded that people are able to hire aides to come in and assist them . All units are designed to be handicap accessible . Councilman Engman wondered why there were vacancy signs out front of the latest Linderman Creek phase . Mr. Fennessey explained that Conifer wasn 't catering to the elderly population with its other apartment complexes . Councilman Engman asked how secure Conifer was in their thinking about the need for the project if there wasn 't a big backlog of clients waiting to move into the rest of the housing . Ms . Crawford explained that it is informational for people who want more information on housing . Supervisor Valentino thought it would be a wonderful problem for Tompkins County if they actually ended up with a few vacancies when the projects were complete . She would enjoy facing that problem instead of seeing so many people on waiting lists for housing . Councilman Stein hoped to hear a more detailed answer to Councilman Engman ' s questions . He asked why Conifer had confidence that there is a demand given that just because there are people in the range . doesn 't mean that there is a demand if they are all housed . Mr. Fennessey explained that they own Ellis Hollow and there are constantly people waiting to get in . This apartment complex also offers two bedroom apartments , which are not available at Ellis Hollow. Councilman Burbank questioned what the proposed building would look like from surrounding neighborhoods and across the hills . Mr. Kanter explained that a variety of photos were taken of the balloon test . Staff felt the visibility of the project, other than from the future Town park , is fairly minimal . The balloon study was valuable because it showed the difference between the two roof levels . TB RESOLUTION NO. 2005-017: Supporting the application of Conifer Realty, LLC to the New York State Division of Housing and Community Renewal to obtain the funding assistance necessary to construct the Conifer Village Ithaca Senior Living Community WHEREAS, Conifer Realty, LLC, will be submitting an application to the New York State Division of Housing and Community Renewal ("NYS DHCR') for the funding assistance necessary to construct the Conifer Village Ithaca Apartments; and WHEREAS, Conifer Realty, LLC, will operate the facility as housing for the elderly of very low to moderate income, WHEREAS, the Conifer Village Ithaca Senior Living Community complements the Town of Ithaca 's Comprehensive Plan 's housing goals: "To promote the availability of diverse, high-quality, affordable, and attractive places for people to live " as a goal. The third objective of this goal is to have "Opportunities for affordable housing". 7 i February 7 , 2005 Town Board Meeting i Approved March 7, 2005 NOW, THEREFORE, be it RESOLVED, that the Town Board of. the Town of Ithaca hereby finds that it is in the best interest of the Town to support the development of affordable housing for the elderly; and it is further i RESOLVED, that the Town Board of the Town of Ithaca does hereby support the funding application of Conifer Realty, LLC, to NYS DHCR for the development of the Conifer Village Ithaca Senior Living Community and encourages NYS DHCR to approve the funding assistance necessary to implement the proposed improvements; and it is further RESOLVED, that the above statements of support are based upon the facts presented to the Town and the assurance of Conifer Realty, LLC, that the Conifer Village Ithaca Senior Living Community will continue to be operated as affordable housing for the elderly. MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, nay; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried. Agenda Item No . 9 — Discussion of Resolution of Support for South Hill Business Campus Inclusion in Schuyler County Empire Zone (Attachment #4 — February 2 , 2005 letter from M . Stamm , TCAD) Michael Stamm , President of Tompkins County Area Development Mr. Stamm explained that they were working with Schuyler County in an attempt to help them allocate some of their empire zone acreage to Tompkins County . Tompkins County is one of eleven counties in New York State that does not have a State Empire Zone . An E= mpire Zone can be a powerful tool to use in economic development and job creation . They continue to attempt to get an Empire Zone for Tompkins County . Mr. Stamm recently met with some State Senators to encourage their support of an Empire Zone . Schuyler County has a zone where they do not have enough economic projects to use all the zone acreage . State law allows Schuyler County to allocate some of that acreage to specific projects in Tompkins County . This and other requests to the State were denied because of individu (*31 zoned policy wasn 't specific enough to allow it to take place . State law requires the municipality in which the projects are located to adopt resolutions of support . Mr. Stamm was present to provide background information to the board so that they would be prepared to vote on such a resolution at a future meeting . The redevelopment of the Axhiom facility on South Hill is the project proposed for the Empire Zone . The owner plans to convert the building into a multi-tenant facility , which is most appropriate for high- tech and light manufacturing . Tompkins County Area Development is trying to deliver i 8 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 incentives to help the project be successful . They think the Empire Zone initiative would be very helpful to the project . The most important benefit is the rebate of property taxes paid . So if there is zone acreage placed under the project , the project would pay 100 % of the property taxes to local taxing jurisdictions . The property owner would then receive a reimbursement for property taxes paid directly from New York State . Under the zone , Tompkins would give back the acreage in two years if the project did not meet investment and job creation goals . Supervisor Valentino clarified that the item was for discussion only . A resolution will be before the board at the March meeting . Councilman Stein asked what the benefit was for Schuyler County . Mr. Stamm explained that the Empire Zone program allocated two square miles of Empire Zone acreage to Schuyler County and it is inconceivable that Schuyler County would ever be able to use that much acreage . So they have a wasting asset. Also , 25 % of Schuyler County' s workforce commutes to Tompkins County to work . Their goal is to use this asset in Tompkins County to provide incentive for projects that will ultimately create employment opportunities for their residents . Councilman Engman asked if the project had already received a $ 174 , 000 abatement . Mr. Stamm responded that they had not. The County Industrial development Agency is considering a request by the developer to deliver property and sales tax abatement on construction materials , furniture and fixtures . The decision was made on Friday and the next step is to hold public hearings and send out notification to the various taxing authorities impacted by the abatement . The IDA receives comments from the taxing authorities and holds a public hearing . Then they would consider approval at their April meeting . Should the Empire Zone be placed under the property , the IDA abatement would not take effect. Councilman Burbank wondered if there were hidden costs to the Town . Mr. Stamm stated that there were no hidden costs to the Town , but there would be administrative costs to TCAD and the community in general . Councilwoman Grigorov asked . if an Empire Zone affected the sales tax . Mr. Stamm responded that IDAs have the authority to grant sales tax abatement on construction materials , furniture , and fixtures to. the project . The State delivers the state portion of the sales tax abatement back to the developer. The IDA would deliver the local sales tax abatement . It' s based on the value of construction materials , furniture , fixtures and equipment . The developer has estimated the value of the sales tax abate to be approximately $ 80 , 000 . Mr. Kanter was curious if the IDA would increase incentives if the Empire Zone were not approved . Mr. Stamm did not think that was likely. The considered incentives would not impact the existing taxes being paid . The incentive schedule would freeze the assessment at $ 1 . 6 million for 3 years . Then the abatement would impact the new taxes generated by the improvements to the building and the greater occupancy of the project. Councilwoman Gittelman asked what advantages there would be for the Town of Ithaca to have this project in an Empire Zone . Mr. Stamm thought there would be several advantages 9 February 7 , 2005 Town Board Meeting I Approved March 7, 2005 to the Town . First , a local developer was acquiring a building , with environmental issues , that was vacated . It is more likely that the environmental issues will be remediated properly and the building would be renovated in such a way that it becomes a powerful presence in the community to create jobs . A benefit is high quality jobs created for residents of the region . If the facility was not acquired , it would probably decay and the remediation of the environmental issues at the site would not be taken care of. Supervisor Valentino explained this item would be on the March agenda to consider a resolution of support . She thought it would be helpful in the process to have the host municipality invited earlier on so that they were able to get the information and understand the issue more completely . It would really improve the process . Mr. Stamm thought it was a helpful suggestion and the IDA would try to contact all municipalities in Tompkins County whenever there was a project of this sort . Agenda Item No . 8 — Consider Request for Extension of Time to Consider Drake Subdivision Under the Old Zoning Ordinance (Attachment #5 — 1 /23/2005 letter from Joseph Allen ) Attorney Barney reported having spoken to Mr. Allen , the applicant' s attorney , and indicated that it was likely the request would be on the February 7th agenda . Mr. Kanter added a letter has been submitted and it outlines the applicant' s position . He felt that the property was well within the agricultural zone and the applicant did not agree with that characterization , but it' s pretty apparent from the zoning map and comprehensive plan . Councilman Burbank was aware of the proposal , but did not think the Town Board actually ever discussed the proposal . Mr. Kanter explained the project went to the Planning Board in May . The applicant' s proposal was for 31 lots and the new zoning allows up to a maximum of 13 lots . The original application , which was a sketch plan , was received March 31 , 2004 , the day before the new zoning took effect. Attorney Barney explained the sketch plan was before the Planning Board on May 13th . The Planning Board expressed some concerns and suggested that cluster subdivision be looked at. The Town did not hear from them until the last day before the transition period ended and then another application was submitted on December 30 , 2004 stating they could not do a cluster subdivision and it was a 32-lot subdivision . The issue is whether there was diligent prosecution of the application from the date the original application was submitted . The Town Board is required to find , if the extension . is granted , that there has been a diligent prosecution of the application process from the time it started . Councilman Burbank asked if there was any attempt on the part of the applicant to come back before the Planning Board . Mr. Kanter responded that there was not. The Town did not hear from them again until December 30 , 2004 . Mr. Barney asked if it would have been appropriate for the applicant to come back and talk to the planning board , and noted that nothing happened until the day after the transition period ended . 10 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Mr. Kanter corrected that the application was dated December 30 , but stamped in on January 5th after the transition period had ended . Councilman Stein called the question : Councilman Engman asked if granting of extension for a hotel on 96B sets a precedent. Mr. Barney mentioned the number of times Country Inn and Suites came in throughout the process , which led the Town Board to grant the extension for that project . Councilman Stein noted that granting this application would make it difficult to ever not grant extensions . Supervisor Valentino noted that the transition time is almost over. She also commented that the subdivision would not leave any farmland . Mr. Barney stated that he has prepared a resolution with findings denying the extension . Councilman Stein moved the resolution , seconded by Councilwoman Grigorov . Mr. Kanter recommended changing the date of December 30 , 2004 to January 5 , 2005 under the heading Resolved #4 ; and further recommended the language be changed to " received by the Town Planning Department" ; and further recommended inserting the words " a maximum of" before " 13 lots" in section #8 . Councilpersons Stein and Grigorov accept the proposed revisions . TB RESOLUTION NO. 2005-018: Denyin_g the Request of Robert Drake to Extend for an Additional Four Months the Time to Obtain Subdivision Approval WHEREAS, the Town revised its Zoning Ordinance effective April 1 , 2004; and WHEREAS, the transition provisions of the Ordinance permitted applicants to proceed under the Ordinance as in effect prior to the revision provided the application was filed before the effective date and was diligently prosecuted to completion; and WHEREAS, the period for completion of such applications was limited to nine months from the date of the submission of the application unless the period were extended by the Town Board, and WHEREAS, an application for approval of a subdivision off of Mecklenburg Road was submitted on behalf of Mr. Robert Drake prior to the effective date of the Zoning Ordinance revision but final decisions on the application have not yet been made; and WHEREAS, the applicant, Robert Drake (hereinafter the 'Applicant') through his attorney, Joseph W. Allen has requested that, pursuant to Code of the Town of Ithaca §270- 245 C, the Town Board extend for up to an additional four months the time for the applicant to complete the approval processes, NOW, THEREFORE, be it 11 February 7 , 2005 Town Board Meeting Approved March 7, 2005 RESOLVED, that the Town Board of the Town of Ithaca hereby finds as follows 1 . The Applicant filed his application for sketch plan review of his proposed subdivision approval on March 31 , 2004, the last day prior to the effective date of the change in the Zoning Ordinance, 2. The application was heard at a sketch plan review by the Planning Board at its meeting on May 13, 2004. The application was for a subdivision of some 32 lots in an area then zoned as Residential R-30. Under the new Zoning Ordinance the area is zoned Agricultural, and the maximum number of lots would be no more than 13. 3. At the Planning Board meeting on the sketch plan held on May 13, 2004, the Applicant's consultant, Lawrence P. Fabbroni, was advised by the Planning Board of a number of concerns about the proposed subdivision, and was advised by the Board that serious consideration should be given a cluster subdivision, where buildings would be located closer to each other and a substantial amount of open space and farmland could be maintained, which was a permitted requirement by the Planning Board under the Town 's subdivision regulations. 4. Nothing happened with respect to the proposal as far as the Town was concerned until January 5, 2005, when a revised conventional non-cluster subdivision plan was received by the Town Planning Department. 5. December 30, 2004, was the last business day of the transition period provided for in the new Zoning Ordinance. 6. Notwithstanding the request for a cluster subdivision, Applicant, five days after the expiration of the transition period, returned with a revised subdivison plan which did not reflect any consideration of clustering. Applicant has stated that the lack of public facilities prevents clustering in a manner similar to Commonlands or other similar intense developments. However, the Planning Board did not state that the clustering needed to be so dense, but rather clustering could be in the form of one to two acre lots, which would still provide substantial open spaces and could conceivably be accomplished with existing and planned infrastructure. 7. Applicant, in Mr. Allen 's letter of January . 23, 2005, claims that he has proceeded diligently in connection with the application, and maintains it took him from May 13, 2004 until December 30, 2004, to come up with a modified plan. This board simply does not credit that assertion for among others, the following reasons: 1 . The applications for sketch plan review and the revised subdivision approval were both submitted at virtually the last possible minute, suggesting that it is the deadlines that provoked the submissions, and 12 February 7 , 2005 Town Board Meeting Approved March 7, 2005 not a diligent effort to work with the Planning Board. 2' It should not have taken seven and one-half months (May 13 to December 30) to prepare and submit a revised subdivision plan, suggesting that not much was occurring with respect to the plans until the deadlines for submissions were approaching. 3. The submissions after the May 13 meeting did not evidence any serious effort to work with the Planning Board on clustering. The submissions simply rejected that possibility without any interaction with the Planning Board or the Town Planning staff. 8. The applicant through his attorney suggests he did not really want to subdivide, but embarked on this process to preserve his right to do so under the old ordinance. He indicates he wants only to "make an occasional sale of a small portion of the property should the need arise. " Under the new ordinance, Mr. Drake can subdivide his property into a maximum of 13 lots. The lots need not be substantially equal in size, but rather under the clustering regulations, could be a configuration of as many as 12 relatively small lots (one to two acres in size) and one large lot containing the remaining acreage. Accordingly, it does not appear that the applicant will suffer any financial . hardship, given his expressed intent of only selling occasional lots and a small portion of the property. THEREFORE, IT IS FURTHER RESOLVED, based upon the findings set forth above, that this Board hereby denies the application for an extension of time to further prosecute applications for approvals for the above described Robert Drake subdivision under the provisions of the Zoning Ordinance as in effect prior to April 1 , 2004, and further determines that any further approvals related to such project shall be governed by the Zoning provisions in effect on and after April 1 , 2004, MOVED: Councilman Stein SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #10 : Consider order of a public hearing regarding the First Street Interceptor (Attachment #6 — First Street Interceptor Project) Supervisor Valentino states this is an important part of the Town of Ithaca ' s agreement with the City of Ithaca . 13 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 Mr. Walker notes that the city sewer system acts as a grid , that the ones the Town is using are 40-80 years old . The First Street Interceptor reaches the town line at Columbia Street. The project will be built over two years ; the first phase will be from Franklin Street to Seneca Street; the second phase will run from Aurora Street to the town line at Columbia Street . A future project will connect it to State Street. The sewer will serve South Hill and East Hill . The Town of Ithaca will pay for 40 % of this line , which will provide enough capacity for 50 years . Councilman Burbank asks what would happen if the Town didn 't do this . Mr. Walker states that the South Hill sewers would continue to be overloaded with further development on South Hill . Sewage is coming up onto the street at certain times in some areas . Supervisor Valentino states that it would cost that much or more in ongoing repairs if this didn 't happen . Councilman Burbank asks if the sewage on the street goes into the storm sewers . Mr. Walker states it goes into the creek . They are working on reducing wet weather flows . Councilwoman Gittelman asks if that would help the . people in here earlier asking for sewers . Mr. Walker states that it would help in that this is the line the sewer would go through . Supervisor Valentino states that it would not have a big impact . Councilman Stein asks if this is storm sewers or sanitary sewers , and where the extra flow comes from . Mr. Walker states that there are small cracks in manholes and pipes and illegal connections adding extra flow when it is wet . Councilman Stein asks if this sewer serves the Town of Ithaca , why would the city pay for 60 percent . Mr. Walker states that the city would be using most of it . Supervisor Valentino adds that the Town is being generous buying 40 percent based on future use , even though the Town may never use that much . Mr. Walker states that the Town and the City need 2 million gallons of flow a day . The Town of Ithaca could build a sewer for it' s own use following the same route , which would probably cost more than the 40 percent contribution to this project . Supervisor Valentino comments that this is good intermunicipal cooperation and serves us all . Mr. Walker states that he had looked at avoided costs , but it makes a lot more sense to partner with the city , and that there will be strict fiscal controls . Councilman Engman asks why there is a difference between the $645 , 000 projected cost and the $ 800 , 000 advertised cost on the public hearing notice . Supervisor Valentino tells him this is a contingency , and that the Town of Ithaca will monitor the cost and billing on a regular i • basis . i 14 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 Mr. Walker states they would have an inspector on the project almost full time . He is writing a memorandum of understanding between Supervisor Valentino and the Mayor of the city explaining what the Town will pay for. The city will build this with their own forces , and the Town can decide how to build their portion . TB RESOLUTION NO. 2005=019: ORDER FOR PUBLIC HEARING: In the Matter of the Providing of a Proposed First Street Interceptor Proiect for Conveyance of Town Waste Water from the Town of Ithaca to the Joint Sewage Treatment Plant to be known as the Joint First Street Interceptor 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 7th day of February, 2005, at 5:30 o 'clock P. M. Prevailing Time. PRESENT: Supervisor Catherine Valentino Councilperson Carolyn Grigorov Councilperson Will Burbank Councilperson Herbert Engman Councilperson Sandra Gittelman Councilperson Peter Stein ABSENT. Councilperson William Lesser WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to Article 12- C of the Town Law of sewer system improvements to be known and identified as the Joint First Street Interceptor Project, and hereinafter also referred to as "improvement'; to provide a sewer interceptor to transport waste water from the Town of Ithaca to the present sewage treatment plant in the City of Ithaca managed jointly with the Town of Ithaca providing sewage treatment services for the Town-wide sewer improvement, such sewer system improvement to be constructed and owned by the Town of Ithaca and the City of Ithaca; and WHEREAS, said plan, report and map have been prepared by Lawrence Fabbroni and Daniel Walker, competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection; and WHEREAS, the area of said Town determined to be benefitted by said Joint First Street Interceptor Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and WHEREAS, the proposed Joint First Street Interceptor Project .consists of the sewer improvements set forth below, as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk: 15 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Construction and installation of approximately 6000 lineal feet of 24 " PVC gravity sewer pipe starting at the existing trunk sewer at the intersection of First Street and Adams Street in the City of Ithaca and running southerly along First Street, then east on Cascadilla Street, then easterly along Cascadilla Avenue, then south on Aurora Street to the intersection with Columbia Street, together with associated controls, fittings, valves, and other appurtenances; and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $800, 000 and the proposed method of financing to be employed by said Town of Ithaca consists of payment of the cost from current revenues and surplus funds from the Town of Ithaca Sewer System Benefitted Area; and WHEREAS, the implementation of this project will be through a joint agreement or memorandum of understanding with the City of Ithaca; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, the providing of said Joint First Street Interceptor Project, and the execution of any related agreement or memorandum_ of understanding, 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 7t d� ay of March , 2005, at 6:30 o 'clock P. M. to consider the aforesaid plan, report and map and the question of providing of said Joint First Street Interceptor Project and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of 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 Councilman Burbank seconded by Councilman Stein , duly put to a vote on a roll cell, which resulted as follows: Supervisor Valentino Voting aye Councilperson Grigorov Voting aye i Councilperson Burbank Voting aye ' Councilperson Engman Voting aye Councilperson Gittelman Voting aye i i 16 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 Councilperson Stein Voting aye The order was thereupon declared duly adopted . Agenda Item #11 : Discussion of Naming Town Parks Supervisor Valentino asks which parks this is in reference to . Mr. Kanter responds that the Town just received a deed for the Glenside Park subdivision park , so there are two . Supervisor Valentino reminds the board that there is a policy for naming Town Parks , which every board member should have . Mr. Barney notes that there was discussion of a further policy that would bar the duplication of names for Town Parks . Councilman Stein states that it would be appropriate to ask the people who initiated the West Haven Park what ideas they have . Councilwoman Gittelman states that part of the policy might include how the decision is made . Supervisor Valentino responds that the board would use the policy as their criteria in choosing the name . Councilwoman Grigorov states that it would be the board ' s decision . Councilwoman Gittelman asks if this should be the board ' s decision . Supervisor Valentino responds that it must be the board ' s decision as they are required to name roads and parks . Councilman Burbank states that he is comfortable with that, but that they should develop a process that would maximize public involvement , inviting suggestions from the general neighborhood . He suggests that people that donated and who live adjacent should be made aware 'of this . Supervisor Valentino states that generally the Town contacts a few key people in the neighborhood . Mr. Barney states that this process might be slightly different because the contributions to the Westhaven park came from 30 or 40 different people . Councilman Engman asks if a public hearing is required . 17 I February 7 , 2005 Town Board Meeting Approved March 7, 2005 Supervisor Valentino responds no . She also states the Town could send out notes and the newspaper could write something about it . Councilman Burbank suggests that they state they are inviting suggestions from the public for the names of Town parks . Councilwoman Gittelman asks if they can include more than one park . Councilman Burbank responds yes . Agenda Item #12 : Consider Approval of Declaration of Restrictions relating to the Overlook at West Hill Development (Attachment #7 — Declaration of Restrictions and Easement Agreement) i Supervisor Valentino asks Mr. Barney if he had reviewed the letter and found it appropriate for the board to approve . Mr. Barney responds yes , the resolutions and the local law provided for the board review the declaration of restrictions . Some easements are Planning Board requirements , but basically the plan is that there is the potential for two different landowners , and some cross-easements are needed . They also must make sure the restrictions on low income housing carry forward . Supervisor Valentino asks how they will fill in the blanks . Mr. Barney responds that they will be filled in after the map is filed . Councilwoman Grigorov asks what it means if the board approves it. TB RESOLUTION NO . 2005-020 : Resolution Approving Declaration of Restrictions and Easement Agreements Relating to the Overlook at West Hill Development WHEREAS, the Town of Ithaca Town Board and Town of Ithaca Planning Board have considered and. approved the project known generally as Overlook at West Hill; and WHEREAS, the Town of Board of the Town of Ithaca adopted Local Law Number 4 of the year 2004 on March 15, 2004, rezoning certain lands involved in said project to Multiple Residence District and Multiple Residence Zone subject to certain conditions, including a condition that the Town Board approve deed restrictions limiting the use of the rezoned area to provide affordable housing in accordance with the provisions of the said local law; and WHEREAS, the developer, Aris Investments, has provided (1) a proposed Declaration of Restrictions and Easement Agreement involving Ithaca Land Holdings, LLC, Song Ja Kyong, and the Town of Ithaca, (2) a proposed Declaration of Restrictions by Ithaca Land Holdings, LLC, and (3) a proposed Declaration of Restrictions of Overlook at West Hill. L . P. , copies of which have been provided to the members of the Town Board; and 18 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 WHEREAS, John C. Barney, Attorney for the Town, has reviewed said documents and has approved same as to legal form and compliance with the requirements of Local Law Number 4 or the year 2004; and WHEREAS, the Town Board has considered the proposed documents and finds that they appear to be in compliance with the requirements of said local law, WHEREAS, the entire project was reviewed by the Planning Board of the Town as Lead Agency pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, and determined that the Project as proposed would not result in any significant adverse environmental effects; NOW, THEREFORE, be it RESOLVED, that the Town of Ithaca hereby approves (1) the proposed Declaration of Restrictions and Easement Agreement involving Ithaca Land Holdings, LLC, Song Ja Kyong, and the Town of Ithaca, (2) the proposed Declaration of Restrictions by Ithaca Land Holdings, LLC, and (3) the proposed Declaration of Restrictions of Overlook at West Hill. L. P. , in the form in which the same have been provided to the members of the Town Board for this meeting with such minor changes therein as the Town Supervisor, with the advice of the Town Director of Planning and the Attorney for the Town, may approve; and it is further RESOLVED, that the Town Supervisor and Deputy Town Supervisor, Director of Planning, Director of Engineering, and Attorney for the' Town, are hereby authorized to execute such documents, and to take such further actions, as any of them deem necessary or appropriate .to effectuate the intention of the above resolution. MOVED: Councilwoman Grigorov SECONDED: Councilman Engman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried unanimously . Agenda Item # 13 : Consider Approval of Benchmark proposal for Lake Source Cooling monitoring services in 2005 Supervisor Valentino states that the board has seen the resolution and the proposal before . There is also a press release drawn up by the Town of Ithaca and Cornell University on the mutual agreement, if the resolution is approved , for sharing costs not to exceed $ 3 , 500 . Some of the discussions the Town is having with Cornell can communicate with them for helping to fund , working with the city and the Town and Cornell looking at some of the other 19 February 7 , 2005 Town Board Meeting Approved March 7, 2005 problems in the Southern end of the lake . Cornell seems interested in looking at the other problems . Councilman Engman moves , and Supervisor Valentino seconds , the resolution . I i Supervisor Valentino states that Paul , the Town ' s consultant, is outstanding . TB RESOLUTION NO. 2005-021 : Authorization to Enter into an Agreement with Benchmark Environmental Engineennq & Science to Continue Consulting Services in 2005 Related to Monitorinq of Cornell University's Lake Source Coolin_g Project WHEREAS, the Town Board of the Town of Ithaca (Town Board) and Cornell University entered into an agreement in which Cornell University would reimburse the Town up to $50, 000 towards the costs of a consultant chosen by the Town to provide an independent review of the impacts of the operation of the Lake Source Cooling system on the water quality of Cayuga Lake; and WHEREAS, the Town Board entered into a contract with Benchmark Environmental Engineering & Science (Benchmark) in October 2000 to provide such services to assist the Town in monitoring the impacts of the Lake Source Cooling system on Cayuga Lake; and i WHEREAS, Cornell University, in conjunction with its consultants, Upstate Freshwater Institute, has been collecting samples from eight in-lake monitoring stations and conducting analyses of that data, pursuant to the New York State Department of Environmental Conservation (DEC) SPDES permit that was issued for the Lake Source Cooling system and the In-lake Water Quality Monitoring Plan approved by DEC; and WHEREAS, Benchmark has been providing the Town Board with annual reports and recommendations regarding the Lake Source Cooling monitoring program; and WHEREAS, the Town Board has been satisfied with the technical review and assistance provided by Benchmark; and WHEREAS, Benchmark has submitted a proposal in a letter dated December 29, 2004 to continue technical consulting services to the Town of Ithaca in 2005 related to the Cornell Lake Source Cooling project at a cost estimated to be $3, 500; and WHEREAS, an accounting of funds received from Cornell as per the original agreement and payments made to Benchmark for technical consulting services indicates that +/- $2, 826. 27 of the $50, 000 committed by Cornell would remain available to pay for Benchmark's. services in 2005, and WHEREAS, if necessary, there are sufficient funds available in Account # B8020. 406 (Planning Study) to cover the balance of +/- $673. 73 estimated to pay for Benchmark's i services in 2005, now therefore 20 February 7 , 2005 Town Board Meeting Approved March 7, 2005 BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize the Supervisor of the Town of Ithaca to enter into an agreement with Benchmark Environmental Engineering & Science to provide the aforementioned services as outlined in Benchmark's proposal in their letter dated December 29, 2004 regarding the continuation of technical consulting services relating to the monitoring of the Lake Source Cooling system; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize an amount not to exceed $673. 73 to be taken from Account # B8020. 406 (Planning Study), if necessary, to supplement the balance of funds received from Cornell if said funds are not sufficient to cover Benchmark's services as outlined in the agreement. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried unanimously . Agenda Item #14 : Consider Order for Public Hearing Authorizing an Increase in Costs of Providing a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in the Town of Ithaca , Tompkins County, New York Pursuant to Article 12-C of the Town Law Supervisor Valentino states that this is the last link in the project that totally links all of the Town of Ithaca and Ulysses to the Bolton Point water system . There were some unforeseen problems , in that the cost of the easement was doubled and they ran into severe bedrock . The right thing to do under the law is to go back to the approval , set a public hearing , and wait 30 days . They are asking for a $25 , 000 increase , but think that the increase will not exceed $ 17 , 000 . This is the only time they have had to do this . The project is all finished and working beyond expectations . Councilwoman Grigorov asks if the easements came from private people . Supervisor Valentino responds yes . Councilman Stein asks if the costs have been incurred , then they can 't be paid until this is passed , but that the Town knows what the costs are . Supervisor Valentino responds yes . Supervisor Valentino moves , and Councilman Burbank seconds , the resolution . Ms . Hunter states that a time must be set for the public hearing . Supervisor Valentino sets the public hearing for the South Hill Transmission Main at 6 : 45 . 21 I February 7 , 2005 Town Board Meeting Approved March 7, 2005 I TB RESOLUTION NO. 2005-022: ORDER FOR PUBLIC' HEARING: In the Matter of Authorizing an Increase in Costs of Providing a Proposed Water Improvement to be known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Proiect in the Town of Ithaca, Tompkins County, New York Pursuant to Article 12- C of i the Town Law. At a 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 12th day of July, 2004, at 5:30 o 'clock P. M. Prevailing Time, PRESENT. Supervisor Catherine Valentino Councilperson Carolyn Grigorov Councilperson Will Burbank Councilperson Herbert Engman Councilperson Sandra Gittelman Councilperson Peter Stein ABSENT: Councilperson William Lesser WHEREAS, the Town Board of the Town of Ithaca on August 3, 2004, authorized, subject to a permissive referendum, the expenditure of up to $500, 000 for the construction of the Town of Ithaca 2004 South Hill Water Transmission Main Improvement; and WHEREAS, no referendum was requested, and accordingly the Town solicited and received bids for the project and began construction; and WHEREAS, in the course of construction unexpected amounts of rock were found, and . unexpected costs were incurred in the course of obtaining easements for the project which, when taken together, suggest the cost of the project will exceed the prior authorized amount of $500, 000; and i WHEREAS, rather than reduce the scope of the project, and in order to provide for a reasonable contingency in the event unforseen circumstances arise during the progress of construction that would require additional funds, the Town Board believes it advisable to increase by $25, 000. 00 the maximum authorized expenditure for the project, making a total authorized expenditure of $525, 000. 00 for such project; and WHEREAS, a supplement to the plan, report and map prepared by Daniel Walker, Professional Engineer, relating , to the increase in the cost of such improvement, has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, and has been filed in the office of the Town Clerk where it is available for public inspection; and, WHEREAS, the area of said Town determined to be benefitted by said 2004 South Hill Water Transmission Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and i 22 February 7 , 2005 Town Board Meeting Approved March 7, 2005 WHEREAS, it is now desired to call a public hearing for the purpose of considering said the increase in costs of providing the said 2004 South Hill Water Transmission Main Improvement 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 7t" day of March , 2005, at 6:45 o 'clock P. M. to consider the proposed increase in the costs of providing said 2004 South Hill Water Transmission Main Improvement and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of 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 Councilman Burbank, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye Councilperson Grigorov Voting aye Councilperson Burbank Voting aye Councilperson Engman Voting aye Councilperson Gittelman Voting aye Councilperson Stein Voting aye The order was thereupon declared duly adopted. Agenda Item #15(a) : Consider Acceptance of Helen 's Way and Confirming Naming of Road Supervisor Valentino states that this road has been called Helen ' s Way for a long time . Councilwoman Grigorov moves , and Councilwoman Gittelman seconds , the resolution . Councilman Stein asks why there is no apostrophe after " Helen " and before "s" . Mr. Barney states that they can 't put apostrophes on road signs . Mr. Walker states that he saw that there was an apostrophe on the road sign on Friday. 23 I February 7 , 2005 Town Board Meeting I Approved March 7, 2005 I i Supervisor Valentino states that they will make the correction , in that case , and the road will be called " Helen 's Way" TB RESOLUTION NO. 2005-023: Accepting Helen 's Wav and Confirming Naming of Road WHEREAS, the Town has recently acquired certain parklands off of West Haven Road included in the Mountin-Degraff subdivision; and WHEREAS, as part of the parkland conveyance, the Town also acquired a strip of land running west from West Haven Road approximately 720 feet with a 60 foot turnaround at the west end, which strip of land provides access to the park as well as to a portion of Eco Village and to two or three other houses located along the strip; and WHEREAS, it is the intention of Town to accept such strip of land as a Town Road, although because of the limited amount of traffic presently anticipated to use the road, the road may be maintained in its present state rather than in accordance with the standards used by the Town on other more heavily traveled Town roads; and WHEREAS, in honor of Helen DeGraff, the person from whom the parkland and related properties were acquired, the neighborhood has suggested naming the road "Helen 's Way'; and WHEREAS, the Town Board is agreeable to such name, NOW, THEREFORE, be it RESOLVED, that Town accepts as a town road the strip of land running west from West Haven Road to the north end of the town park recently obtained from Helen DeGraff Family Real Estate, LLC, which strip of land is more particularly described as Parcel G in the i deed from Helen DeGraff Family Real Estate, LLC to the Town dated December 29, 2004 and recorded on or about the same date in the Tompkins County Clerk's Office; and it is further RESOLVED, that, pursuant to Section 64 (9) of the Town Law, the Town Board hereby names such road "Helen 's Way'; and it is further RESOLVED, that the Town Supervisor and Town Highway Superintendent and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the acceptance of said road and the designation of same as Helen 's Way. MOVED: Councilwoman Grigorov SECONDED: Councilwoman Gittelman I 24 I February 7 , 2005 Town Board Meeting Approved March 7, 2005 VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #15( b) : Consider Acceptance of extension of Chase Lane Councilman Engman moves , and Councilwoman Grigorov seconds , the resolution . Supervisor Valentino asks if they are calling this Chase Lane Extension . Mr. Barney states no . TB RESOLUTION NO . 2005-024 : Resolution Accepting Extension of Chase Lane WHEREAS, the Town is the owner of Chase Lane having acquired same by a deed recorded in the Tompkins County Clerk's Office in Book 660 of Deeds at Page 1025; and WHEREAS, as originally conveyed, Chase Lane terminated at a point approximately 53 feet north of the north line of premises of owned by Tessa Sage Flores as reflected in a deed to Ms. Flores recorded in Book 728 of Deeds at Page 50 in said Clerk's Office; and WHEREAS, the Town Planning Board has approved a subdivision subdividing a lot off of the Flores property to maintain access to certain other properties of Flores, and another lot for conveyance to David Harris, which subdivision contemplated the extension of Chase Lane to provide access to said lots; and WHEREAS, it is the intention of Town to accept the extension of Chase Lane as a Town Road; NOW, THEREFORE, be it RESOLVED, that Town accepts as a town road the strip of land running south from existing Chase Lane approximately 183 feet together with an associated 60 foot by 50 foot turnaround near the south end of such extension; which road is more particularly shown on the subdivision map approved by the Town Planning Board of the Flores property; and it is further RESOLVED, that, pursuant to Section 64 (9) of the Town Law, the Town Board hereby determines that the name of such road will be Chase Lane as it is a continuation of the existing Chase Lane; and it is further RESOLVED, that the Town Supervisor, Town Highway Superintendent, and Attorney for the Town and all other officers of the Town be and each hereby is authorized and directed to take such additional steps as may be necessary to effectuate the acceptance of said road as a Town Road. MOVED: Councilman Engman 25 February 7 , 2005 Town Board Meeting I Approved March 7, 2005 i SECONDED: Councilwoman Grigorov I VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , absent . Motion carried . Agenda Item #16 : Consider Authorization to apply for Quality Communities Grant from NYS Department of State (Attachment #8 — Memo from Mike Smith Supervisor Valentino states that Mike Smith from the planning department should take a lot of credit for getting this started as well as the Gateway Bridge committee that Councilman Burbank sits on . This is a good example of intermunicipal cooperation with the city and the state parks to get this funding for making improvements along that trail . One of the good things about the grant is they can get started doing work and spending money and the grant will pay for it if it gets approved . Credit goes to the city planning department and the Town of Ithaca planning department. Councilman Burbank moves the resolution , and notes that the project is being held in limbo due to federal funds , but that this allows the Town of Ithaca to do planning . Mr. Kanter states that they have to insert a number into the resolution and the number Mike and Tim are recommending is not to exceed $40 , 000 . Supervisor Valentino asks if this would be $20 , 000 each . Mr. Kanter responds that it would not necessarily be the case , because certain things will be done by the Town , and some will be done by the city . The Town must look at the gap next to the bridge and the Stone Quarry Road crossing and the alignment of the trail . The city has indicated they will work on the grading and ramps to Home Depot and analyzing the overpass by the Home Depot site . There are also legal costs . They felt the $40 , 000 would be appropriate , but without a breakdown of costs . Supervisor Valentino asks if some of this would be in -kind services . Mr. Kanter states that a lot of it will be , and that the grant can be used to reimburse staff costs . Councilman Engman seconds the resolution . Councilman Burbank states that the grant is very competitive and the money is being spread around the state , so our chances are minimal . Supervisor Valentino states that they like it when the project involves intermunicipal cooperation . I 26 i February 7, 2005 Town Board Meeting Approved March 7, 2005 Mr. Kanter states that the city was considering other projects to submit for this application , and they chose this project because it was intermunicipal and therefore had the best chance of success . The Town is making, the application and will be the lead agent. TB RESOLUTION NO . 2005-025 : Authorization to Apply for State Grant for Quality Communities Program WHEREAS, the Town Board has adopted a Park, Recreation and Open Space Plan (December 1997), and said plan identifies this trail linkage project (South Hill Recreation Way Extension to Lower Buttermilk Falls State Park) and references a 1983 tri-party agreement that this is to be a joint project by the Town of Ithaca, the City of Ithaca, and NYS Office of Parks, Recreation & Historic Preservation, and WHEREAS, a joint committee of Town and City officials and staff, along with staff from NY State Parks and many other local organizations, has been regularly meeting since March 2004 to organize and coordinate the acquisition, design, construction, and funding for this trail, and WHEREAS, the New York State Department of State has announced the availability of funding .through the Quality Communities Program for innovative community planning and development of implementation tools and strategies that link environmental protection, economic prosperity and community well-being, including recreation and trail planning, and WHEREAS, no local cost share is required, and WHEREAS, grant funds may be used for direct salary costs, consultant and contractual services, and similar expenses, but not construction or capital costs, and WHEREAS, the Town and City are estimating a cost up to $ 40, 000 for the design, planning, and legal fees for several specific elements (such as Stone Quarry Road crossing, fill vs. bridge for gap adjacent to Route 13, grading and ramps to parking area, analysis of existing bridge, drafting maintenance agreement, etc.) outlined further in the application for this future trail, and WHEREAS, the Request for Applications for the grant program encourages the submission of projects that demonstrate inter-municipal collaboration, and WHEREAS, grant applications are due by February 25, 2005, and WHEREAS, the Town and City committee recommended submitting a joint application, with the support of NYS Parks, and the Town will act as the lead applicant (contractor); THEREFORE BE IT RESOLVED, that Catherine Valentino, as Supervisor of the Town of Ithaca, is hereby authorized to file a joint application with the City of Ithaca and with the support of NYS Parks, with the Town of Ithaca acting as the applicant, for funds from the New York State Department of State in accordance with the provisions of the Quality Communities Program, in an amount not to exceed to total of $ 40, 000 in State funds, and upon approval of 27 February 7 , 2005 Town Board Meeting Approved March 7, 2005 i said request to enter into and execute an agreement with the State for such financial assistance to the Town of Ithaca and the City of Ithaca for the Quality Communities Program. MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried unanimously . Agenda Item # 17 : Approval of Budget Transfers , Amendments and Modifications for the Year Ending 12/31 /2004 Supervisor Valentino states that these are usually done twice a year, one halfway through the year. This closes up the books for the end of the year. Councilman Engman notes that there is $69 , 000 for Tutelo F'ark , which is probably because some of the work didn 't get done . He asks why there is $44 , 000 for New York State fees , fines and collections , and if the town underestimated how much they would have to pay . Mr. Carvill states that that is correct. Councilman Engman asks why . Mr. Carvill responds that the estimate came from the Town justices , and that it has a relationship to the revenue stream . If the revenue for fines , fees , and collections are higher, the state will claim more . The revenue stream was under budgeted , so the expense portion of what the state takes was consequently under budgeted . Councilman Engman asks about the stormwater management monies being transferred to attorney' s fees , and why that was under budgeted by $ 38 , 000 . Mr. Carvill responds that that was due to the codification and the zoning ordinance . Supervisor Valentino states that that was a great project, and Mr. Barney had to put in some legal time to get that right. Mr. Barney notes there were also bonding issues and a lawsuit. TB RESOLUTION NO . 2005=026 : Approval of Budget transfers , Amendments and Modifications for the Year Ending December 31 , 2004 WHEREAS : In preparation of closing out the budgetary and accounting records of the town Of Ithaca the Town Supervisor and Town Budget Officer have reviewed all over and under expended budgeted expenditures including all over and unearned budgeted revenue for the operating period January 1 , 2004 to December 31 , 2004 , and 28 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 WHEREAS : This review has disclosed that certain budgetary revenues and expenditures require transfers , amending or modification , and WHEREAS : These findings are detailed for this governing board 's review , discussion and approval , and therefore be it TOWN OF ITHACA Budget Transfer, Amendments and Modifications BUDGET JOURNAL General Townwide Fund Account Description Amount FROM ( DEBIT) Town Parks A7110 . 513 Tutelo Park 69 , 223 . 69 A7110 .402 Maintenance 41192 . 97 Employee Benefits A9060 . 800 Health Insurance 59298 . 15 Total Unexpended $ 78 , 714. 81 TO (CREDIT) Town Justices Al 110 .400 Contractual 173 . 85 Al 110 . 405 Lawbooks 509 . 08 Al 110 . 406 Work Study Students 255 . 00 Al 110 . 408 Postage 45 . 98 Al 110 , 410 Conferences & Mileage 302 . . 97 Al 110 ,482 NYS Fees , Fines & Collections 44 , 112 . 50 Town Supervisor Al 220 . 103 Administrative Function 496 . 16 Al 220 ,410 Conferences & Mileage 276 . 45 29 February 7 , 2005 Town Board Meeting Approved March 7, 2005 A1220 . 415 Telephone 456 . 81 Town Clerk A1410 . 408 Postage 110 . 22 Human Resources A1430 .408 Postage 93 . 34 A1430 . 429 Management Programs 483 . 01 Engineering A1440 . 400 Contractual 78 . 10 A1440 . 404 Vehicle Maintenance 585 . 45 A1440 . 450 Gasoline 952 . 95 Records Management Al 460 . 110 Grant Personnel 41042 . 19 A1460 . 445 Record Storage Supplies & Materials 17456 . 34 Buildings & Grounds A1620 .400 Contractual 17405 . 35 A1620 . 413 Buildings & Grounds Maint 11222 . 27 A1620 . 411 Mechanical Maintenance 64 . 20 Central Printing & Mailing Supplies A1. 670 . 403 Copier Supplies 96 . 42 A1670 . 412 Newsletter 178 . 39 Information Technology A1680 . 200 Hardware 71735 . 00 A1680 . 403 Xerox Copier Lease #5614ZSD 126 . 96 A1680 . 495 Network Support 218 . 65 Animal Control Services A3510 . 400 County SPCA Dog Control . 04 A3520 . 400 County SPCA Cat Control . 20 i Highway Superintendent I A5010 . 400 Contractual 56 . 81 30 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 A5010 . 411 Conferences & Mileage 42 . 75 Highway Garage A5132 . 200 Highway Equipment 71459 . 34 A5132 . 416 Garage Maintenance 31440 . 66 General Street Lighting A5182 . 400 Contractual 556 . 70 Recreation Administration A7020 . 100 Salaries & Wages 11018 . 75 A7020 . 410 Conferences & Mileage 115 . 88 Youth and Senior Programs A7320 . 405 Cooperative Extension 39 . 64 A7320 . 416 Recreation Partnership — County Payments 373 . 00 Employee Fringe Benefits A9050 . 800 Unemployment Insurance 133 . 40 Total Over Expended $ 78 , 714. 81 31 February 7 , 2005 Town Board Meeting Approved March 7, 2005 BUDGET JOURNAL General Part Town Fund Account Description Amount FROM ( DEBIT) Transportation 135132 . 460 Storm Water Management 43 , 944 . 09 Total Unexpended $ 43 , 944. 09 TO (CREDIT) Independent Auditing 131320 .400 Auditors 207 . 00 Legal Services B1420 . 400 Attorneys 27 , 611 . 92 61420 . 401 Attorneys 101934 . 17 Law Library 61460 . 425 Law Publications 385 . 77 Central Communications System B1650 . 400 Telephones 1 , 752 . 18 Central Storeroom 61660 . 400 Office Supplies 5 . 46 Central Printing & Mailing 61670 . 403 Copier Supplies 2 . 31 Zoning 138010 . 200 Equipment . 01 138010 . 400 Contractual 97 . 34 i 32 I i February 7 , 2005 Town . Board Meeting Approved March 7, 2005 B8010 . 401 Legal Ads 78 . 93 B8010 . 404 Vehicle Maintenance 105 . 48 88010 . 408 Postage 359 . 46 B8010 . 415 Telephone 352 . 87 B8010 . 420 Dues & Publications 191 . 91 88010 . 450 Gasoline 402 . 64 Planning 88020 . 400 Contractual 16 . 12 88020 . 408 Postage 105 . 99 Employee Benefits B9045 . 800 Life Insurance 10 . 00 B9060 . 800 Health Insurance 11324 . 53 Total Over Expended $ 43 ,727 . 09 BUDGET JOURNAL Highway Part Town Fund Account Description Amount FROM ( DEBIT) Communications System Upgrading D131650 . 514 Radio Communications 61200 . 20 Information Technology D131680 .496 Time Warner Cable 17402 . 96 Permanent Road Improvements DB5112 . 102 Regular — Salaries & Wages 50 , 163 . 50 Total Unexpended $ 57 ,766 . 66 33 February 7 , 2005 Town Board Meeting Approved March 7, 2005 TO (CREDIT) General Government Support Independent Auditing D131320 . 400 Auditors 290 . 00 Legal Services DB1420 . 400 Attorneys 858 . 71 Information Technology D131680 . 493 Software — Highway Helper 600 . 49 Transportation DB5110 . 100 Regular Salaries & Wages 31 , 613 . 18 DB5110 . 450 Gasoline , Oil & Diesel Fuel 31631 . 43 Permanent Road Improvements D135112 . 453 Road Repairs . 44 Machinery DB5130 . 102 Overtime Wages 451 . 11 DB5130 . 460 Vehicle Maintenance 31847 . 96 DB5130 . 461 Tools & Supplies 61574 . 09 Brush & Weed Maintenance & Removal DB5140 . 100 Regular — Salaries & Wages 41204 . 50 DB5140 . 110 Regular — Benefit Time Wages 35890 . 36 DB5140 . 440 Personal Protective Equipment 181 . 86 DB5140 . 450 Cleaning Services 917 . 73 Employee Benefits DB9045 . 800 Life Insurance 123 . 00 DB9050 . 800 Unemployment Insurance 581 . 80 I i 34 I February 7 , 2005 Town Board Meeting Approved March 7, 2005 Total Over Expended $ 579766 . 66 BUDGET JOURNAL Water Fund Account Description Amount FROM ( DEBIT) Transmission & Distribution F8340 . 470 Line Repairs 20 , 906 , 11 F8340 , 501 Northview Water Tank Grid Improvement 100 , 000 . 00 F8340 , 515 Hanshaw Road Water Main Improvement 10 , 000 . 00 F8340 . 517 Trumansburg Road Water Tank Improvement 100 , 000 . 00 F8340 . 518 Sapsucker Woods Water Tank Painting . 25 , 000 , 00 F8340 . 519 Christopher Circle Water Tank Painting 25 , 000 , 00 F8340 . 400 Contractual 21655 . 02 F8340 , 401 Conferences & Mileage 600 , 00 F8340 . 420 Dues & Publications 91 . 00 F8340 . 440 Personal Protective Equipment 811 , 90 F8340 . 450 Gasoline 382 . 44 F8340 , 486 Water Tank(s) Pump Stations 31947 . 48 F599 Unappropriated Fund Balance 25 , 336 , 76 Total Unexpended & Appropriating Fund Balance $ 314973011 TO (CREDIT) Independent Auditing F1320 . 400 Auditors 598 . 00 Legal Services F1420 . 400 Attorneys 12 , 163 .44 F1420 . 409 Legal Ads 398 , 67 Law Library & Publications F1460 .425 Law Publications 385 . 76 35 February 7 , 2005 Town Board Meeting Approved March 7, 2005 General Office Supplies F1660 . 400 Office Supplies 53 . 32 Central Storeroom F1670 . 403 Copier Supplies 116 . 94 Water Administration F8310 . 100 Regular — Salaries & Wages 514 . 02 Transmission & Distribution F8340 . 101 Labor - Highway Personnel 25 , 140 . 03 F8340 . 102 Overtime Wages 61151 . 25 F8340 . 200 Equipment 11767 . 41 F8340 . 404 Vehicle Maintenance 253 . 94 F8340 . 410 Electric 91881 . 73 F8340 . 415 Telephones 354 . 47 F8340 . 471 Scheduled Line Maintenance 411126 . 79 F8340 . 481 Tank Painting — Sapsucker Woods 252 . 00 Water Supply F8350 . 472 SCLIWC Water Charges 55 , 346 . 74 F8350 . 473 City of Ithaca 151750 . 03 F8350 . 474 Forest Home Water Supply-Cornell Pump Station 31939 . 00 Employee Benefits F9030 . 800 Social Security 31347 . 75 F9040 . 800 Workers Compensation 11072 . 00 F9045 . 800 Life Insurance 4 . 00 F9050 . 800 Unemployment Insurance 84 . 29 F9056 . 800 Disability Insurance — Long -term 29 . 13 Total Over Expended $ 314973011 BUDGET JOURNAL Sewer Fund Account Description Amount FROM ( DEBIT) 36 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Joint Sewer Projects G8150 .442 Sterns & Wheler Reimbursements 14 , 754 . 72 Total Unexpended $ 14, 754. 72 TO (CREDIT) Independent Auditing G1320 . 400 Auditors 852 . 00 Legal Services G1420 . 400 Attorneys 51234 . 44 G1420 , 401 Attorneys 11141 . 14 Law Library & Publications G1460 . 425 Law Publications 385 . 76 General Office Supplies G1660 . 400 Office Supplies 53 . 15 Central Printing & Mailing G1670 . 403 Copier Supplies 116 . 89 G1670 . 408 Postage 33 . 30 Sewer Administration G8110 . 400 Contractual 145 . 03 Sanitary Sewers G8120 . 415 Telephones 782 . 50 G8120 . 482 Village of Cayuga Heights Payments 426 . 00 G8120 . 490 Sewer Refunds & Bank Charges 10 . 00 Joint Sewer Projects 37 February 7 , 2005 Town Board Meeting Approved March 7, 2005 G8150 . 501 IAWWTP Phosphorous Removal 31623 . 13 Employee Benefits G9040 . 800 Workers Compensation 17848 . 00 G9045 . 800 Life Insurance 4 . 00 G9050 . 800 Unemployment Insurance 70.. 25 G9056 . 800 Disability Insurance — Long. Term 29 . 13 Total Over Expended $ 14975412 BUDGET JOURNAL Capital Project Fund Pew Bike Trail Account Description Amount FROM ( DEBIT) 1-17-2401 Interest Earnings 293 . 25 1-17-2701 Refund of Prior Years Expenses 739 . 00 TO ( CREDIT) 1-17-599 Unappropriated Fund Balance 11032 . 25 FROM ( DEBIT) Phase II South Hill Water Transmission Main Entry # 1 H19-2401 Interest Earnings 308 . 67 TO (CREDIT) 38 February 7 , 2005 Town Board Meeting Approved March 7, 2005 H19-599 . Unappropriated Fund Balance 308 . 67 FROM (DEBIT) Entry #2 H19-599 Unapprpriated Fund Balance 13 , 659 . 61 H19-8340 . 202 Contract Documents 31000 . 00 H19-8340 . 203 Bidding Process 27627 . 00 H19-8340 . 204 Contract Administration 11885 . 00 H19-8340 . 205 Survey 19000 . 00 H19-8340 . 207 Engineering Design 31000 . 00 H19-8340 . 209 Testing 27000 . 00 H19-8340 . 216 Town Work Force 51000 . 00 Total Unexpended & Appropriating Fund Balance $ 321171 .61 TO (CREDIT) H19-8340 . 200 Construction Contract . 21 ,956 . 70 H19-8340 . 201 Legal 21979 . 61 H19-8340 . 206 Right of Way Acquisition 51000 . 00 H19-8340 . 208 Inspection 21235 . 30 Total Over Expended $ 32 , 171 . 61 BUDGETJOURNAL Fire Protection Fund Account Description Amount FROM ( DEBIT) SF599 Unappropriated Fund Balance $ 237 , 707 . 48 TO (CREDIT) 39 February 7 , 2005 Town Board Meeting Approved March 7, 2005 SF3410 . 491 Ithaca City Fire Protection Contract $ 2377707 . 48 RESOLVED : That this governing Town Board approves , authorizes and directs the Town Supervisor and Town Budget Officer to record these budget transfers , amendments and modifications including any and all other changes deemed appropriate and necessary to close the financial records of the Town for the year ending December 31 , 2004 . MOVED : Supervisor Valentino SECONDED : Councilwoman Gittelman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried unanimously. Agenda Item #18 : Consider Approval of Bid Specifications and Authorization to go to bid for an Excavator Supervisor Valentino notes that Councilwoman Gittelman was the only board member present at the Public Works Committee where this was discussed . Councilwoman Gittelman responds that she has been ill for a week , and unable to prepare . Supervisor Valentino notes that this has been on the list for some time . Councilwoman Gittelman moves and Councilman Engman seconds the resolution . Councilman Burbank .asks about the thinking behind getting used equipment . Mr. Noteboom states that the Town does not normally purchase use equipment , but the town already has a larger excavator, which has some problems fitting into the parks . Mr. Walker notes that this is a tired excavator as opposed to a tracked excavator allowing it to drive on roads . Councilman Engman asks about the difference between a backhoe and an excavator. Mr. Noteboom replies that this has a straight arm . Mr. Walker also notes that this swings 360 degrees . Councilman Burbank asks how much the town anticipates saving by buying used . Mr. Noteboom replies about $45 , 000 . _ Councilman Burbank asks if it will have enough life left in it. 40 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Mr.. Noteboom responds that he has seen them, for $500 so they have a lot of life in them . TB RESOLUTION NO. 2005-027: Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Used Wheeled Hydraulic Excavator WHEREAS, the Town of Ithaca Highway Department has discussed with the Public Works Committee the need for a used wheeled hydraulic excavator, and WHEREAS, the money is available from the regular expense account (DB5130. 200), and now therefore be it; RESOLVED, that on the recommendation of the Highway Superintendent and the Public Works Committee, the specifications for a used wheeled hydraulic excavator are approved, and further RESOLVED, that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a used wheeled hydraulic excavator. MOVED: Councilwoman Gittelman SECONDED: Councilman Engman VOTE : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye . Motion carried unanimously . Agenda Item . #19 : Consider approval of Survivor Benefits Policy (Attachment #9 — Employee ' s Survivor Health Insurance Coverage) Supervisor Valentino states that this was discussed in the personnel committee . TB RESOLUTION NO, 2005=028: Approval of Employee 's Survivor Health Insurance Benefits Policy WHEREAS, the Personnel Committee has discussed the Employee 's Survivor Health Insurance Benefit Policy that was approved by the Southern Cayuga Lake Intermunicipal Water Commission on November 10, 2004; and WHEREAS, after discussion, the Personnel Committee recommends the Town Board approve the Employee 's Survivor Health Insurance Benefit Policy (see attached); now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve Employee 's Survivor Health Insurance Benefit Policy as recommended by the Personnel Committee; and be it further 41 i February 7 , 2005 Town Board Meeting Approved March 7, 2005 RESOLVED, the Human Resources Manager is directed to incorporate this revised policy into the Personnel Manual. MOVED: Councilman Stein SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilwoman Ghgorov, " aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye . Motion carried unanimously. Agenda Item #20 : Annual Report of Town Officials (Attachment #10 — Annual Reports ) Supervisor Valentino notes that the Supervisor' s report is not present as it is usually completed in March , and that the Comptroller's report is just completed . The Town is one of the few municipalities in the state that gets the reports in on time . Al deserves a lot of credit for getting it out so quickly . Councilman Engman states he finds the reports really interesting and useful . He would like the general public to be able to see these reports , and would like to commend the staff for their work , and encourages anyone to go to Town Hall to get a copy of the reports . Supervisor Valentino suggests that they could be put on the website . She also comments that the size of the staff has been reduced , and that they come forward to do a large amount of work . The staff deserves a lot of credit , and congratulates the staff on a great year. TB RESOLUTION NO. 2005-029 : ANNUAL REPORT OF TOWN OFFICALS WHEREAS, the following officials of the Town of Ithceica have presented their 2004 ANNUAL REPORTS to the governing Town Board for. review and approval for filing; and WHEREAS, the governing Town Board has reviewed and accepted the said 2004 ANNUAL REPORTS for filing by the Town Clerk; now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca does hereby accept and approve for permanent filing by the Town Clerk the 2004 ANNUAL REPORTS OF THE FOLLOWING OFFICIALS: Town Clerk Town Highway Superintendent Director of Engineering Director of Planning Director of Building/Zoning Human Resources Officer Network/Records Specialist Recreation and Youth Coordinator Town Historian 42 February 7, 2005 Town Board Meeting Approved March 7, 2005 Attorney for the Town MOVED: Supervisor Valentino SECONDED: Councilmani Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #21 : Consider Acceptance of Town Justices Annual Reports (Attachment #11 — Justice Klein 's and Justice Larkin 's Annual Reports ; Justices ' Case Load Synopsis) Supervisor Valentino notes that the number of tickets has jumped since Sheriff Meskill emphasized ticketing . The police agencies have been pursuing drunkenness and parties more . TB RESOLUTION NO. 2005-030: TOWN JUSTICE LARKIN 2004 ANNUAL REPORT WHEREAS, Town Justice Clarence Larkin has presented his 2004 Annual Report to the governing Town Board as required by Town Law now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the attached 2004 Annual Report of Town Justice Clarence Larkin. MOVED: Councilwoman Gittelman SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; . Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005=031 : TOWN JUSTICE KLEIN 2004 ANNUAL REPORT WHEREAS, Town Justice David Klein has presented his 2004 Annual Report to the governing Town Board as required by Town Law, now, therefore be it RESOLVED, the governing Town Board of the Town of Ithaca hereby accepts for filing by the Town Clerk, the attached 2004 Annual Report of Town Justice David Klein. MOVED. Supervisor Valentino SECONDED: Councilwoman Grigorov 43 February 7 , 2005 Town Board Meeting Approved March 7, 2005 VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye, Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Councilman Burbank suggests that the justices prepare some information next year that includes a history of cases in the past years . Supervisor Valentino responds that getting this report is a monumental task and that Ms . Drake put together a spreadsheet with some of the information Councilman was asking for. The justices work very hard . Councilwoman Gittelman asks what Judge Wallenbeck' s Scofflaws are . Ms . Drake responds that they are open cases from Judge Wallenback that occasionally get closed . Supervisor Valentino notes that the Town will get new software this year that allows justices to link information and that the outdated software has made: it hard to pull some of those numbers . The Town has a grant application that may pay for some of the software costs . Agenda Item #22(a) : Consider Authorization for Stormwater Management Training Supervisor Valentino notes that these trainings are essential due to coming mandates . They had not been budgeted before . TB RESOLUTION NO . 2005-032 : Authorization for Attending Stormwater Management Training WHEREAS, the SUNY College of Environmental Science and Forestry Stormwater Management Program has scheduled several training courses which provide instruction on compliance with the new US-EPA Phase 11 Stormwater management regulations to be held in Syracuse, NY on various dates during the Winter/Spring of 2005; and WHEREAS, attendance at several of these programs will benefit the Town of Ithaca by providing additional training to Engineering and Planning Staff,- and WHEREAS, The Director of Engineering recommends that: Creig Hebdon attends the Design of Stormwater Ponds and Wetlands Course on February 9th and 10th at a cost of $350. 00 and the Post- Construction Stormwater Management Course on May 31St at a cost of 175. 00; and that Kathryn Pbylski attends the Design of Stormwater Ponds and Wetlands Course on February 90% h and 10th at a cost of $350. 00 and the Infiltration and Filtering Practices for Stormwater course on March 23rd and 24th at a cost of $350. 00; and 44 February 7 , 2005 Town Board Meeting Approved March 7, 2005 WHEREAS, the Director of Planning recommends that Susan Ritter attend the Infiltration and Filtering Practices for Stormwater course on March 23rd and 24th at a cost of $350:00. Now, therefore, be it RESOLVED, that the governing Town Board of the Town of Ithaca does hereby authorize Creig Hebdon to attend the Design of Stormwater Ponds and Wetlands Course on February 9th and 10th at a cost of $350. 00 and the Post-Construction Stormwater Management Course on May 31St at a cost of 175. 00, and Kathryn Prybylski to attend the Design of Stormwater Ponds and Wetlands Course on February 9th and 10th at a cost of $350. 00 and the Infiltration and Filtering Practices for Stormwater course on March 23rd and 24th at a cost of $350. 00, all courses being held in Syracuse New York, and be it further RESOLVED, the cost not to exceed $ 1 , 225. 00 is to be expended from A1440. 410, and be it further RESOLVED, that the Town Budget shall be amended to increase the Budget line A1440. 410 to $ 1 , 225. 00, with funds to be provided from surplus fund balance from the general fund; and'be it further RESOLVED that Susan Ritter is authorized to attend the Infiltration and Filtering Practices for Stormwater course on March 23rd and 24th at a cost not to exceed $350. 00 is to be expended from 88020. 403, planning conferences and mileage. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #22 ( b) : Consider Authorization for Water System Training TB RESOLUTION NO , 2005-033 : Authorization for Attending Water Treatment Traininq WHEREAS, the Water Treatment Grade IIA/Workshop/01 , is being held at TC3 in Dryden, NY, March 14th through 24th; and WHEREAS, attendance at the said program will benefit the Town of Ithaca by providing additional training to Craig Ballard; Now, therefore, be it 45 February 7 , 2005 Town Board Meeting Approved March 7, 2005 RESOLVED, that the governing Town Board of the Town of Ithaca does hereby authorize Craig Ballard, to attend the Water Treatment Grade IIA/Workshop/0, being held at TC3 in Dryden, NY, . March 14th through 24th; and be it further RESOLVED, the cost not to exceed $650. 00 is to be expended from F 8340. 401 and be it further RESOLVED, that the Town Budget shall be amended to increase the Budget line F8340. 401 to $650. 00, with funds to be provided from surplus fund balance from the water fund. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #23 : Consider Reappointment of Town Historian TB RESOLUTION NO . 2005-034 : Reappointment of Town Historian BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby reappoint Ms. Laura Johnson-Kelly, 48 Comfort Road, Ithaca, New York as Town Historian for the term of January 1 , 2005 through December 31 , 2005. MOVED. Councilwoman Gittelman SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye, Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #24 : Consider Appointment of Lenore Durkee to the Codes and Ordinance Committee TB RESOLUTION NO. 2005-035: Appointment of Codes and Ordinance Committee Member 46 February 7 , 2005 Town Board Meeting Approved March 7, 2005 BE IT RESOLVED that the Town Board of the Town of Ithaca appoints Lenore Durkee to the Codes and Ordinances Committee for a term beginning January 1, 2005 through December 31 , 2005. MOVED: Supervisor Valentino SECONDED: Councilman Engman .VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #25 : Consent Agenda TB RESOLUTION NO. 2005- 036: 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 as presented. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005-036a : Town Board Minutes of December 30, 2004 January 10, 2005 WHEREAS, the Town Clerk has presented the minutes for Town Board Meetings held on December 30, 2004 and January 10, 2005 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 December 30, 2004 and January 10, 2005 as presented at the February 8, 2005 board meeting. MOVED: Councilman Stein SECONDED: Councilman Engman 47 February 7 , 2005 Town Board Meeting Approved March 7, 2005 VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005-036b : Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 9811 -9830, 1 -83 General Fund Townwide $ 78, 038. 37 General Fund Part Town $ 12, 728. 15 Highway Fund Part Town $ 90, 702. 77 Water Fund $ 129, 835. 17 Sewer Fund $ 192, 536. 76 Risk Retention Fund $ 514. 00 Forest Home Lighting District $ 184. 39 Glenside Lighting District $ 61 . 87 Renwick Heights Lighting District $ 86. 47 Eastwood Commons Lighting District $ 178. 40 Clover Lane Lighting District $ 20. 55 Winner's Circle Lighting District $ 60. 43 Burleigh Drive Lighting District $ 50. 75 West Haven Road Lighting District $ 236. 26 Coddington Road Lighting District $ 139. 54 TOTAL : $ 505 , 3r3 . 88 MOVED : Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005-036c: Bolton Points Abstract. 48 February 7 , 2005 Town Board Meeting Approved March 7, 2005' 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: 852-874, 5- 11 , 13-61 Check Numbers: . 7947-8025 Operating Fund $ 19, 285. 60 1998 SCADA Capital Project $ 11041 , 93 2002 Office Space Addition $ 11060. 34. Operating Fund $ 130, 140. 32 1998 SCADA Capital Project $ 190. 00 2001 Backup Electrical Power $ 725. 00 2002 Office Space Addition $ 160. 00 2003 East Hill Tank Project $ 200000 TOTAL $ 152, 803 19 MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005=036d. Creation of Civil Service Classification. Project Assistant WHEREAS, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and WHEREAS, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; and WHEREAS, the Town is providing youth of the Town, Village of Cayuga Heights and Lansing initial employment training opportunities through the Youth Employment Initiative Program and the youth will be added to the Town 's payroll, it is required by Civil Service that positions for the youth be created; now, therefore, be it 49 February 7 , 2005 Town Board Meeting Approved March 7, 2005 RESOLVED, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York Sate and Tompkins County Civil Service rules: 1 . The following positions are established and are positions in the non-competitive class pursuant to Section 42 of the Civil Service Law: (a) Ten (10) Project Assistant And be it further RESOLVED, the Town Board does hereby approve the attached job description for the said position, with the said position not being in the Job Classification system do to the temporary status of position; and be it further RESOLVED, the Human Resources Manager is directed to coordinate any necessary filing with Tompkins County Personnel Department to obtain certification of the position. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO . 2005-036e : Water and Sewer Benefit Assessment Refund for Robert Kirby, Tax Parcel No . 23 . -1 -11 . 2 Whereas, Tax Parcel 23. 4 - 11 . 2, Owned by Robert Kirby, 103 Grove Road, Ithaca, NY 14850, was assessed for 2 units of water and 2 units of sewer; and Whereas, at the request of Mr. Kirby, the Town Engineer has reviewed the Benefit assessment computation for the property and has determined that the assessment was incorrectly determined based on a total frontage of 400 feet, when the average frontage was to be used because the parcel is a corner lot, which is to be assessed on the average frontage, which results in en effective frontage of 200 feet which should be assessed 1 unit for water and 1 unit .for sewer, and Whereas, the Town Engineer has determined that the correct assessment for this parcel is 1 unit of water and 1 unit of sewer and the tax roll will be corrected for 2006 to reflect that, and Whereas, the Town Engineer has recommended that a refund for 1 sewer unit and 1 water unit be issued to Mr. Kirby, after payment of the tax bill, now therefore be it 50 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Resolved, that the Town Board authorizes the refund of $65. 00 for 1 benefit unit of water to be paid from the water fund and $65.00 for 1 benefit unit of sewer to be paid from the sewer fund. These refunds to be paid after the tax bill for the property has been paid to the receiver of taxes. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. TB RESOLUTION NO. 2005-036f: Appointment of Part time Laborer- Town Hall WHEREAS, there is presently a vacancy in the part time position of Laborer - Town Hall, which affords high school students the opportunity to gain work experience; and WHEREAS, the Town Clerk and Human Resources Manager has determined that Patrick Harned possess the necessary knowledge and skills to satisfactorily perform the duties of the Laborer- Town Hall and makes the recommendation for appointment; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the appointment of Patrick Harned as part time Laborer — Town Hall, retro active to January 3, 2005; and be it further RESOLVED, this position is a part time position not to exceed 10 hours per week, at the hourly wage of $6. 00, from account number A1410. 100. There are no benefits included with this appointment. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye. Motion carried unanimously. Agenda Item #26 : Report of Town Committees Supervisor Valentino noted that the Board policy and protocol manual is moving along , and other committees are interested in the work the Town of Ithaca is doing . 51 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Councilman Stein adds to the list of committees to report , the subcommittee on recreation and facilities . Councilwoman Gittelman mentions on behalf of the recreation and human services committee that the graduate students who analyzed the recreation surveys found them unanalyzable because not enough people completed the forms . The surveys have been handed out to the committee and they have been going over them and reporting on them . The committee would like to let the community know that this is happening . Supervisor Valentino notes that they found many interesting things in the surveys . Councilman Engman states that the Agricultural committee is not on the agenda, and he would like to have their name mentioned . Councilman Burbank notes that at the recreation partnership meeting , they heard a presentation by Peg Hendricks from the community foundation . He stated that one of the goals was to set up a vehicle to receive private donations . The partnership encountered an expense due to the retroactive state wage increase . General discussion ensued on this topic . Supervisor Valentino notes she would like the recreation partnership to determine the costs of each program , and is hopeful that they can continue to fund the most valuable programs for the community. Councilman Stein reports that there were two meetings of the join town -city facilities group . At the first meeting , the city said they calculated the town ' s fair share to be $ 160 , 000 plus another $ 12 , 000 for capital expenses . Supervisor Valentino responded that they did not owe that much . At the second meeting , the city presented a justification for the request as well as why the town should contribute to Stewart Park and the Youth Bureau building facilities , as well as how they responded to the consultant' s recommendations . He states that the contention is if the city' s overhead charge is justified . Their argument was that the methodology for calculating overhead charges had been agreed to when the partnership was set up . Mr . Carvill states that the city has not changed their methodology and the overhead has grown without re-examination . He questions what the fair share is . Councilman Stein related his understanding of the city' s methodology, and - that the Town ' s usage was noted to_ be 25 % . Supervisor Valentino states that she has never agreed to the methodology used by the city . She notes that much of the percentage of the usage of facilities was outside the Town and the City . Councilman Stein further reports that Supervisor Valentino had stated that the Town could not increase their financial commitment . 52 February 7 , 2005 Town Board Meeting Approved March 7, 2005 Councilwoman Grigorov noted that Supervisor Valentino had also stated that the Town might provide funding for individual projects , and that Mayor Peterson thought that might be possible . Supervisor Valentino states that the issue is that all the money the Town gives the city for this goes into the general fund . The city does not want to set up a separate account that could be monitored . She is very hopeful that this can be worked out , but there are some big parts that need to be overcome . The bad news for the Town of Ithaca is that the increase in sales tax revenues went mostly to the County and the City. The town ' s increase was only 1 % over the year before . The city' s new development will help the city increase revenue , as well as the county. She wants to be mindful of how that money gets distributed . Agenda Item #27 : Review of Correspondence Councilman Burbank was saddened to see the state reject the request for speed limit reduction on Bostwick Road , Mr. Noteboom notes that there is still a possibility for the lower portion of Bostwick Road . Agenda Item #28 : Executive Session On motion from Councilman Stein , seconded by Councilwoman Gittelman , the board moved into executive session at 8 : 35 p . m . On motion from Councilman Stein , seconded by Councilman Engman , the board moved out of executive session at 8 : 37 p . m . Agenda Item #29 : Consider Adjournment On motion from Councilman Engman , the meeting was adjourned at 8 : 38 p . m . Respectfully submitted , Respectfully u mitted Tee-Ann Hunter hn C ley Town Clerk Deputy Town Clerk Next Meeting March 7, 2005 53 TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , February 07 , 2005 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION 6 tot 84 T1� VA � d � u / c IuRJ OL� .4.r C�4 ;42:w 7c QkfOPi st is February 71 2005 Town Board Meeting ATTACHMENT l FEB LIU [ t' }'T�aT 4*R*Al_S . _A4°o&_A�v!�_ /_�2u�/«�µ yST ,�,QC ...,B,E/,✓c._. � . .4vNS I� T_T �._ e-- o7 _�!/�KJ_L i�FCiL�7 -_Y_lia �e4 : ig,c1T lisYs5F44 s _. ,_4.& b _ C�dvv?Y �s__r/c rv _jocIN,a1 , a Bits rh %, . 44C (��A)T IZ4 a Ar _ 7-r � N�.a� - .L1�,a �v e,,o a,e,�To�v ,z'� A4C),4" . hi9 V 8Z Mot rff6 If _ . &LA) 4a AcYr rls - /fir` . .. .,. Ae,.m,PTelj .C4S r .°lGNw2K, T�� 4>wj71-45 Xs .�i,�c �l. s s� , ._s�ND. .. h<4C:90 dF A/iez . fie. ve v 144)- av�2E�4U. . ✓AID .eiae..C�ieL 14JA to 7�0If A0,°o44, . A O,e U ,L)De e cv.4y�, . .f/ Al�D/rD.l .a ,�/ ry ,�e�o• c�,r•1��T LiQEFrcNr�,e. , wAIS eo Z)/J; �•v1�,e 4;etiC40P ,�r.�s�,o . ,b� re_ 17, _ r5rz4r4 a /G /412 ?" . 049 Thlie: .5r47 ©kc . . _.AA4 Gv 3rA4,4z arc Co V eb . iiv �v .. . 4 v� 11re :....... . ' IU.S D� .. � . OS� �!�TeYo� . r rz�,�s , /NSve,��c� iNvvsr y, February 10 , 2005 Town Board Meeting ATTACHMENT # 2 Vanda B. McMurtry, Ph.D., J.D. Vice President Y Cornell Univers1ty 305 Day Hall �S A Government and Community elations Ithaca, New York 14853 -2801 -� y t. 607.255 .4383 f 607.255 . 5572 e. vbm2 @comelLedu February 4, 2005 f : f" ..__ __..___...__ ..,-. , The Honorable Catherine Valentino FEB — 4 205 Members of the Ithaca Town Board Town Hall .__. 215 N . Tioga Street Ithaca, New York 14850 Dear Supervisor Valentino and Members of the Ithaca Town Board : I understand the Town of Ithaca is considering a one-year extension of the consulting services provided by Benchmark Environmental Engineering and Science for third party technical review related to Cornell ' s Lake Source Cooling project. In keeping with its commitment to the long-term health of Cayuga Lake, Cornell University offers to split the $3 ,500 cost associated with the one-year extension . Cornell University is proud of its contributions to protecting the environment in which we live . Lake Source Cooling is an example of that commitment. The project is an environmental success on three counts. First, it is reducing the dependence on fossil-fuel energy by nearly 90 percent to cool buildings at Cornell and Ithaca High School. Second, it is has had no appreciable effect on the lake's ecology. Third, seven years of monitoring and studying scientific data by Cornell and several independent groups has provided the public with more useful information about Cayuga Lake than, has ever been gathered in one time and place before. But success does not mean that Cornell University plans to suspend its diligence in this matter. Cornell will continue to monitor Lake Source Cooling because it is the right thing to do. To this end, we will work with the DEC to identify the proper scope and duration of the next phase of the Lake Source Cooling monitoring program, starting in early 2006 . Why, then, are we proposing to scale back the current Lake Source Cooling monitoring program from the current nine data-gathering points? And, why are we proposing concurrently to join other stakeholders in the community to undertake a new and broader effort to monitor the lake' s overall health? The answer in two words is : good science. Regarding the . scope of Lake Source Cooling monitoring, members of our faculty, including world- renowned limnologists and ichthyologists, have concluded that there is nothing more to learn from sampling the nine current sites that cannot be captured with the two-site program originally required by the State Department of Environmental Conservation seven years ago . Our lake monitoring has shown no significant change in the lake's ecology. Looking to the future, our analysis shows that the two data sites would provide the information necessary to remain vigilant. Cornell University is an equal opportunity affirmative action educator and employer. V The Honorable Catherine Valentino Members of the Ithaca Town Board Page —2 As to the second question, our scientists and engineers feel that the savings resulting from the proposed reduction in Lake Source Cooling monitoring points (estimated at $50,000) would be best applied toward new fact-finding and analysis that would promote the long-term health of Cayuga Lake. From the outset more than a decade ago, Cornell has been resolute on one point : the health of the lake comes first. We remain just as steadfast on that issue today and continue to see this much admired effort at environmental stewardship as a success for Ithaca and Cornell . We stand ready to work with the town and city of Ithaca, and others, on this important issue . Sincerely, G� Vanda B . McMurtry Vice President, Government and Community Relations Cornell University is an equal opportunity affirmative action educator and employer. February 7 , 2005 Town Board Meeting ATTACHMENT # 3 Honorable Catherine Valentino Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Request for public Sewers Dear Supervisor Valentino February 7, 2005 In 1990 and again in 2003 virtually all of the property owners on Coddington Road from the end of the existing public sewer as far east as the Coddington Road Community Center ( 1990 only) petitioned the Town for the installation of public sewers to their properties. In the past 15 years the Town has taken no action on this request in spite of the opportunity to save over $ 160,000 toward the project cost offered by the Southwoods developers as recently as 2002. The residents emphasized the critical need for this public sewer system to protect the immediate environment and the Six Mile Creek watershed. The Tompkins County Health Department and the Town Engineer strongly supported our request. Now, once again, the Town has a unique opportunity to provide these critical services in a timely and cost effective manner. The proposed major reconstruction of Coddington Road from the City Line to the Danby Town Line in 2006 affords the Town ample time to coordinate the sewer design with the reconstruction design to minimize disruption and save considerable costs. This is an outstanding opportunity for inter-municipal cooperation ! We appreciate the Town' s efforts to inform us about the scope of the highway project through the recent public meeting at the Coddington Road Community Center. At that meeting it became clear the impetus for the Federal grant that Tompkins County will be receiving for the project is the need to replace all of the major culverts under Coddington Road and for the safety improvements needed at Burns Road and elsewhere along the existing alignment. The County representative also emphasized the need for the acquisition of additional right of way for the improvements. This provides the Town an ideal opportunity to coordinate the placement of the sanitary sewer pipes with the replacement of the culverts and other infrastructure along the road. Perhaps the Town could provide the sewer pipe, manholes, etc for placement by the road contractor. We urge the Town to take advantage of this unique opportunity on an urgent basis so that the design and construction can be coordinated to the benefit of all. When there are issues involving the property owners along Coddington Road please continue to bring them to our attention. For example, in the past there were concerns that public sewers would bring extensive growth along our road, but no one asked us about our plans for our properties. We continue to be able to show that public sewers will not result in significant growth along the Coddmgton Road corridor. Our situation is totally unlike the significant i growth above Troy Road where subdivisions approved a long time ago are just now being developed. Most of our lot sizes are not conducive to subdivision and the lands adjacent to the watershed are now in a Conservation Zone making it highly unlikely that they will be subdivided. Thank you for your careful consideration of this request . If it would be helpful to have an updated petition to document the need please let us know. Sincerely, 1/ l G� Cc . Ithaca Town Board Coddington Road Property Owners February 7 , 2005 Town Board Meeting ATTACNIV_ENT # 4 ICAD a A "GENDA # . g iness expansion, retention and attraction MEMORANDUM To : Town of Ithaca Board F E B - 2 2005 v From : Michael B . Stamm % ; Y... .. �� _��.._.. _il 'f 3 N , Date: February 2, 2005 Re : South Hill Business Campus (Axiohm) Project and Schuyler County Empire Zone As many of you may know, Tompkins County is one of only eleven counties in New York State that do not have an Empire Zone . While it is an imperfect program and one that has been abused by some communities, we believe it could be very helpful in achieving our goal of creating high quality employment opportunities for local residents as well as strengthening our tax base . We continue to lobby the State for Zone status for Tompkins County. While we wait and hope for a Zone of our own, TCAD has entered into a unique regional development initiative with our counterpart in Schuyler County. They have an allocation of Zone acreage that exceeds demand from Schuyler County businesses and are willing to allocate some to projects in Tompkins County. Their motivation is to better utilize this Zone asset and create jobs for their community's residents; 25% of Schuyler County's workforce already commute to jobs in Tompkins County . This reallocation of acreage is allowed under State law, although it is a very complex and time-consuming undertaking to shift acreage from one county to another . This reallocation of Zone acreage from Schuyler County to properties in Tompkins County requires the municipality where the project resides to adopt a resolution of " support and concurrence" of Schuyler County's plan to allocate the acreage. This is a State requirement, and the Schuyler County Zone Coordinator usually interfaces directly with the individual municipalities . TCAD has identified about twenty-five projects in Tompkins County that meet the goals of Schuyler County, are well aligned with Tompkins County's own economic development strategy and would be able to take advantage of the Zone program' s complex array of incentives . The sole project in the Town of Ithaca is the redevelopment of the old Axiohm facility on South Hill, now called the South Hill Business Campus . ipkins County Area Development East Buffalo Street, Suite 102A Ithaca, New York 14850 (607) 273-0005 • fax: (607) 273-8964 While TCAD is currently working with the developer to identify and access incentives to help offset the substantial investment associated with interior renovation and environmental remediation, the opportunity to place Zone acreage under the property is very appealing . A Zone would provide various incentives to the developer and major tenants, including State tax credits that would offset property taxes . More importantly, a Zone would replace most of the local incentives currently under consideration, including local property tax abatement. The Zone Coordinator from Schuyler County will work directly with all the Tompkins County municipalities to ensure that the required resolutions are approved . TCAD is available to discuss in more detail individual projects as well as the benefits of a Zone to the projects and our community. We appreciate the Town's willingness to consider approving the necessary resolutions . February 7 , 2005 Town ��B ATTAJH ENT8 # 5// oard Meeting lAg ATTORNEYS AT LAW 417 NORTH CCAYUGGA//STREET ((Q� 607 • 273-61 1 1 .To1 1 FAX 607 • 273 -7920 19.9,9- 1998 January 28 , 2005 Town of Ithaca Ithaca Town Board Attn : Katherine Valentino 215 North Tioga Street Ithaca, New York 14850 � `. iap. RE : Town of Ithaca — Robert Drake Subdivision E :b- JAN 2 8 20Q5 Tax Parcel Number — 27- 1 - 1502 ` Dear Ms . Valentino : EF IT . .......- I represent Robert Drake and on his behalf submit this letter to you as and for his application for a four (4) month extension to process and complete his subdivision application under the zoning ordinance in effect prior to the effective date of the current ordinance as provided for under the new ordinance transition provision (Section 270-245 ) based upon the circumstances faced by Mr. Drake. It is our belief that the equities support our request for an extension of time for the privilege of having the application considered under the ordinance under which it was filed. The transition provision requires that the application be diligently prosecuted to conclusion and Mr. Drake has endeavored to comply with this requirement. Mr. Drake aNt,:urcd at the iii$t SCllediiicd piail :illlg Board lneeang on May 4th, 2004 for sicetch plan review and discussion but was unable to be heard due to time constraints . At the rescheduled meeting (May 13 , 2004) Mr. Drake was unable to personally appear due to some confusion but appeared by his representative, engineer/surveyor Larry Fabbroni . Although it appears from the minutes of that meeting that a rather far ranging discussion took place including Mr. Drake ' s farming practices, alternatives to them, concurrent subdivision applications and the propriety of requiring Mr. Drake to purpose a cluster subdivision, the meeting did conclude with specific concerns and concepts to be addressed by Mr. Drake. In keeping with the Board ' s concerns Mr. Drake asked his surveyor to revise the subdivision plan to address drainage, entry on to Route 79 and configuration of the subdivision generally. Although the original sketch was more on the order of a substantially completed survey he had that the surveyor modify the plan to address the concerns of the Board. The second survey map depicting the subdivision was finally completed and submitted in December 2004 and shows a substantially altered design with one entrance onto Route 79 and drainage along the west and northerly portions on the subdivision in addition to the purposed pond drainage. The drainage is along preexisting courses which provide for flow to the north and east and the water way known as Williams Glen Creek. Although further work may be required, substantial effort was made to address Board concerns and comply with existing legal requirements . In addition Mr. Drake met on several occasions with Mr. Rancich, owner of the premises to the east, to discuss possible land swaps as suggested by the Board . Although Mr. Rancich declined to consider the idea, Mr. Drake met with him on several occasions and did in good faith pursue the concept, albeit to no avail . I note also that although there was some question regarding the propriety of clustering Mr. Fabbroni did address the issue and concludes that the location of the property and the lack of public facilities demonstrated the concept°was not mdrketabie or eco1!oi.,!1%^ a1ly viat)ie for die property. Despite being hampered by health problems and this last summer' s substantial rainfall interrupting his farming and excavating businesses (causing him severe time constraints) Mr. Drake did diligently and in good faith explore all of the concerns and suggestions expressed by the Board. The inability of Mr. Drake to pursue his subdivision application in accordance with the provisions of the zoning ordinance under which it was submitted will cause severe economic impact to him . As has been previously discussed, both in the application and in the Board minutes, Mr. Drake earns his living by farming and excavation businesses . Although he has made a living in these fields for several years, Mr. Drake has, on occasion, due to economic necessity, been forced to sell a small portion of his land. In fact, when Dr. Drake was considering the purchase of the premises subject of this application he considered and relied on the zoning ordinance in effect at that time said ordinance allowing for the possible sale of a small portion of the premises should the need arise. Given his desire to increase his business and based upon the flexible zoning ordinance allowing for a possible sale of a small portion of the premises should be need arise Mr. Drake decided to purchase the premises in May of 2000. The zoning ordinance in effect at that time was a major factor in the economic feasibility of the purchase . Since the purchase Mr. Drake has in fact sold one parcel as approved by the hoard'. . '- nai parcel was selected as it was poorly suited to farming. After purchase of the premises Mr. Drake undertook to prepare the land for farming by cleaning preexisting farming ditches, providing drainage positive to both farming and housing, and reclaiming the land from the effect of neglect, all at a substantial cost to him. Mr. Drake estimates that to date he has expended in addition to the cost of the land approximately $ 14, 000 . 00 in that cleaning and reclaimation and has spent an additional sum of about $6,000. 00 for surveying and engineering services which would not otherwise have occurred but for the change in the zoning. Mr. Drake had no intent when purchasing the land, of creating a residential subdivision thereon, he intended, and continues to intend to farm. But in losing his ability to subdivide as he has proposed, the result of the change in the law, it was necessary for him to undertake this latter, additional expense in an effort t0 preserve his ability to sell a portion of the premises if business so required. Mr. Drake only wishes to preserve his ability to make an occasional sale of a small portion of the property should the need arise. Mr. Drake and his family have been farmers since about 1937 and wish to continue making their living in this fashion, however, the loss of their ability to make an occasional sale jeopardizes his continued livelihood in this fashion. Change in the law posses a severe, adverse economic impact to Mr. Drake in his business viability. Further economic hardship is caused to Mr. Drake by the reduced value and marketability of the land as a result of its limited use and development potential stemming from lot size constraints and the prohibitive costs associated with clustering due to the lack of and distance from public facilities . Given the diligence with which Mr. Drake pursued his application in light of the hardships he faced and the severe, adverse economic impact to him it is respectfully requested that he be granted an extension of four (4) months for the privilege of having his application considered to completion under the provisions of the zoning ordinance in effect prior to the current ordinance . Mr. Drake and my self will gladly appear before the Board or provide any further information you may require . Thank you for you consideration and courtesy in this matter. R7/ ; lly sub. ��, , ;�JOSEP W . LEN JWA :bb CC : R. Drake L. Fabbroni Tee-Ann Hunter -Town Clerk J . "Barney February 7 , 2005 Town Board Meeting ATTACHMENT # 6 ALIEN gD .A # 10 First Street Interceptor Project The Town of Ithaca and the City of Ithaca signed a Joint Interceptor agreement in 2003 that allows the Town of Ithaca to utilize portions of the City of Ithaca sewer system to convey Town Sewage to the jointly owned Ithaca Area Waste Water Treatment Facility. The agreement. states that the parties shall jointly prepare within one year of the effective date of this Agreement a five-year joint interceptor capital improvement plan for the next phase of joint interceptors and/or joint pump stations to be replaced and for any necessary additional capital improvement plans . The parties agreed to set the Town' s ownership of new joint interceptors at 41 . 57 % and the City' s ownership at 58 .43 % . The First Street Interceptor, which will carry Town of Ithaca flows from South Hill and East Hill , is the first project in the five-year capital improvement plan. The proposed improvement is designed to handle current flows and future flows that will develop during the 50-year life of the improvement. The project consists of the installation of approximately 6000 lineal feet of 24" PVC gravity sewer pipe with fittings and appurtenances starting at the existing trunk sewer at the intersection of First Street and Adams Street. The proposed sewer will run southerly along First Street, then east on Cascadilla Street, then easterly along Cascadilla Avenue, then south on Aurora Street to the intersection with Columbia Street. Construction is scheduled to start in 2005 and conclude in 2006 . The estimated Total cost of the project is $ 1 ,600,000 . The Town of Ithaca will be responsible for 41 . 57 % of the cost, which will be approximately $665 ,000. The work plan and construction schedule proposed indicates that 75 % of the work will be completed in 2005 and the remainder in 2006 . Based on this schedule the Town of Ithaca will be responsible to pay $500,000 in 2005 and $ 165 ,000 in 2006 . � I FDA # 12 BARNEY , GROSSMAN , DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST John C . Barney SUITE 400 Facsimile Peter G . Grossman 119 EAST SENECA STREET (607) 272- 8806 David A . D11bow ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) Randall 6 . Marcus Jonathan A. Orkin (607) 273-6841 Kevin A . Jones February 1 , 2005 Honorable Catherine Valentino and Members of the Town Board of the Town of Ithaca Ladies & Gentlemen: When the Town Board approved the Local Law rezoning the Overlook at West Hill property to a multiple residence zone, there was included in the Local Law a condition that the developer incorporate into its deeds restrictions limiting the incomes of the persons who occupy the property . The Local Law also included a statement that that deed restriction was to be approved by the Attorney for the Town and by the Town Board. Enclosed are three documents, two of which are entitled Declaration of Restrictions which relate to the restrictions on each of the two potential projects at Overlook at West Hill and a third document relating to certain other restrictions and easements that are required in connection with the project. Also enclosed is a proposed resolution approving these instruments . I have reviewed them and I an satisfied that they are in compliance with the conditions that you imposed when granting approval for the rezoning . If you concur, we would appreciate your so indicating by adopting the resolution that is enclosed at the next Town Board meeting . If you don ' t concur, we need to discuss it and decide what steps should be taken. If any of you have any questions, please do not hesitate to get in touch with me . Ve truly yours , JCB : sls ( Enclosures xc : Tee-Ann Hunter, Town Clerk Jonathan Kanter, Director of Planning (w/copy of restrictions) February 7 , 2005 Town Board Meeting ATTACHMENT # 7 DECLARATION OF RESTRICTIONS and EASEMENT AGREEMENT This Agreement, made this th day of , 2005 , by Overlook at West Hill L. P. , a New York limited liability company, doing business at 31 -87 Steinway Street, Suite Four, Astoria, New York 11103 (herein "Overlook"), Overlook at West Hill II L. P. , a New York limited liability company, doing business at 31 -87 Steinway Street, Suite Four, Astoria, New York 11103 (herein "Overlook H") (Overlook and Overlook II, jointly and severally, "Owner"), Song Ja Kyong with a mailing address of 220 Highgate Road, Ithaca, New York 14850 ("Kyong") and Town of Ithaca, a municipal corporation maintaining an office at Buffalo and North Tioga Streets, Ithaca, New York (the "Town") . WITNESSETH , WHEREAS , Overlook H is the owner of a 12 . 351 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units, commonly known as "Overlook at West Hill - Parcel C", as shown and designated "Parcel C" on the Final Subdivision Plat (the "Plat") approved by the Town of Ithaca Planning Board by Planning Board Resolution No . 2004-32 adopted April 20, 2004, ("Resolution") a copy of which Plat was filed in the Tompkins County Clerk' s Office on , 2005 , in Map Drawer , page _, and in accordance with the Final Site Plan ("Site Plan"), as approved by the Resolution, WHEREAS , Overlook is the owner of a 12 . 224 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units and a community building, commonly known as "Overlook at West Hill - Parcel B", as shown and designated "Parcel B" on the Plat, and in accordance with the Site Plan, WHEREAS , Kyong is the owner of a 5 . 00 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, which parcel is shown and designated "Parcel A" on the Plat. WHEREAS , Owner desires to establish certain restrictions in favor of Town and Owner and Kyong desire to grant to Town certain right-of-ways and easements over, across and upon Parcel A, Parcel B and Parcel C ( herein, collectively, the "Premises") . NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows : 1 . Grant of Temporary Emergency Access Easement. Owner and Kyong graizt a non- exclusive temporary easement and right of way to Town and to the Owner of Parcel B and Parcel C to use, in common with others, the existing access drive leading from the Tompkins County/Town of HARRIS BEACH 3 ATTORNM Ri l W DRIVE" on the Plat, as a means of ingress and egress for emergency vehicles , including polic fire protection, in the event of an emergency. Owner grants anon-exclusive temporary easemen nd i right of way to Town and to the Owner of Parcel B and Parcel C to use, in common with others, the roadways designated as "Harris B . Dates Drive West" on the Plat and "Overlook Circle" on the Site Plan as a means of ingress and egress for emergency vehicles, including police and fire protection, in the event of an emergency. The easements granted herein shall terminate upon dedication to Town of ":Hams B . Dates Drive West" to its intersection with the west loop of Overlook Circle and the completion of construction to the satisfaction of the Town Engineer of all of Overlook Circle, all as shown on the Site Plan . 2 . Grant of Water, Sewer and Storm Water Easement. Owner grants Town a permanent easement for the construction, maintenance, repair and replacement of water, sewer and storm water lines, pipes , accessory equipment and related fixtures (colle ctively, the "Facilities") . The location and dimensions of the easement granted herein shall be as shown on the Plat. The Facilities shall be constructed at Owner' s expense in accordance with Town specifications and shall be subject to the approval of the Town Engineer. Upon completion and acceptance of the Facilities , such Facilities shall be offered for dedication to the Town. 3 . Declaration of Restrictions for Future Expansion of Roadway. Owner hereby declares that a parcel of land adjacent to the west line of NYS Route 96 shall be reserved for future dedic to the Town of Ithaca for highway purposes (the "Future Expansion Parcel") . The Future Exp i Parcel shall be reserved for the future construction of a left turn lane at the intersection of NYS and "Harris B . Dates Drive West"and shall be of sufficient width to accommodate an exclusiv turn lane. The Future Expansion Parcel is shown and designated on the Plat as "Lands Reserved or Future Highway Widening Over Parcels B and C" . Owner agrees to convey the Future Expansion Parcel to the Town or to the State of New York, whichever is designated by the Town, at such time as the Town or State of New York requests such conveyance . Such conveyance shall be without further payment to the Owner by either the Town or the State . Any improvements on the Premises shall be located west of the Future Expansion Parcel . The Town of Ithaca shall have the right to j assign any and all rights granted in this Section to the State of New York for highway construction purposes . Nothing contained herein shall obligate the Town of Ithaca to construct any such future highway improvements or to incur any costs associated therewith. 4 . Maintenance and Costs . Owner shall bear all costs of construction, maintenance and repairs of said roadways and of the Facilities until such tinge as they are dedicated to the Town. 5 . Binding Effect. This easement, together with all rights and obligations, as set forth herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors and assigns . IN WITNESS WHEREOF , this instrument has been executed as of the day and year first above written. HARRIS BEACH 2 A..o,N,., : i.V, Ithaca Land Holdings LLC By: Member Overlook at West Hill L. P. By: Partner Song Ja Kyong Town of Ithaca By: STATE OF NEW YORK ) COUNTY OF QUEENS ) ss . : On the `h day of in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF QUEENS ) ss . : On the cn day of in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within HARRIS BEACH s A"ORNM AT LAW J I instrument and he acknowledged to me that he executed the same in his capacity, and that signature on the instrument, the individual , or the person upon behalf of which the individual #a , executed the same . Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss . : On the `h day of in the year 2005 before me, the undersigned, allotary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss . : On the th day of in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared _, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the same. i Notary Public i HARRIS BEACH 4 wi70RH[vt Al L•w DECLARATION OF RESTRICTIONS This Declaration of Restrictions , made this th day of , 2005 , by Ithaca Land Holdings LLC , aNew York limited liability company, doing business at 31 - 87 Steinway Street, Suite Four, Astoria, New York 11103 (herein "Owner") . WITNESSETH : WHEREAS , Owner is the owner of a 12 . 351 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units commonly known as "Overlook at West Hill - Parcel C", as shown and designated "Parcel C" on the Final Subdivision Plat (the "Plat") approved by the Town of Ithaca Planning Board by Planning Board Resolution No . 2004-32 adopted April 20, 2004, ("Resolution") a copy of which Plat was filed in the Tompkins County Clerk' s Office on 2005 , in Map Drawer , page , (the "Property"), and WHEREAS , in consideration of the approval of the Town Board of the Town of Ithaca (the 'Town") to rezone the Property to a Multiple Residence Zone, the Owner has agreed to restrict the use of the Property as affordable rental housing pursuant to the terms hereof (the "Restrictions") . NOW, THEREFORE, The Owner agrees as follows : 1 . Use as Low Income Housing. All rental units on the Property shall be limited in the amount of rent charged for same in accordance with the following provisions : a. Income Restrictions and Duration . For a period of fifty years from the date a permanent certificate of occupancy is issued for the last building on the Property all of the units, except as set forth below, shall be made available solely to tenants with limited incomes in accordance with the terms of the Restriction . This Restriction shall terminate at the end of such fifty year period . b . Definition . For the purpose of this Restriction a "tenant with limited income" shall be a tenant (either individual or family as the case may be) whose income is not more than 60% of the median family income in Tompkins County at the time of rental . The determination of median family income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as deterinined by the Town. C. Additional Income Restrictions . At least fifteen percent of the dwelling units shall be made available to tenants with limited income whose income is not more than 30% of HARRIS BEACH ATTORNEYS AT LAW the median family income. At least fifty percent of the dwelling units (includi fifteen pen cent referred to in the previous sentence) shall be made available to ter with limited income whose income is not more than 50 % of the median family inc d. Maximum Rent. The maximum rent to be charged for the units shall not exceed the lesser of: ( 1 ) The maximum rents authorized by the Internal Revenue Code Section 42 Low Income Tax Credit Program applicable to the project and as administered by the United States Internal Revenue Service and/or the New York State Division of Housing and Community Renewal ; or (2) On an annualized basis (determined at the time of execution of a lease or upon occupancy, whichever is earlier) , 35 % of the percentage of the applicable median family income in Tompkins County applicable to the unit, based on unit size published as set forth above (e. g. if the median family income for a family of two in Tompkins County is $ 36 ,600 . 00, and the tenant is being considered for a 30% median family income apartment, the maximum annual rental chargeable to two people in that apartment shall be $ 3843 , or $ 320 . 25 per month ($ 36 , 600 . 00 times 30% times 35 %)) . The maximum rent set forth above shall include costs of heat, water, gas, electricity, and sewer, if any. The Owner shall have the option of requiring tenants to pay direct the provider the costs of any or all of such utilities provided that the annual rent charge is reduced by the reasonably anticipated annualized c of such utilities (e. g. if the maximum annual rent is $ 3 , 843 . 00, and if the to is required to pay a public utility directly for his or her own gas and electricity, and if the reasonably anticipated annual cost of gas and electricity so payable is $ 500 . 00, the basic annual rent shall be no more than $3 , 343 . 00 or $278 . 59 per month) . Commencing on the date that is sixteen years from the date a permanent certificate of occupancy is issued for the last building in the project, the maximum of 35 % of the percentage of the applicable median family income applicable to the unit that may be charged for rents shall increase to a maximum of 40% of the applicable median family income . e. Income Infonnation. The Owner shall obtain, at the time of rental , such information as the Owner may reasonably determine to be necessary to establish the total income of the person or persons occupying the rental units . At a minimum, such information l shall include copies of the tenant' s most recent income tax return including copies of W-2 forms , if the tenant is working, copies of the tenant ' s four most recent pay stubs ; and an affidavit sworn to by the tenant under the penalties of perjury stating j the total amount of tenant' s income and the sources thereof including names and addresses of payers of such income . The tenant shall also provide a signed j authorization allowing both the Owner and the Town of Ithaca to verify Tenant ' s income with the payers of such income and shall also sign a written agreement agreeing to notify the Owner of any increases in tenant ' s income occurring a HARRIS BEACH 2 Arrox NETS AT l.w submission of the foregoing affidavit. Such records, authorization and agreement shall be kept by the Owner with any leases and shall be disclosed to the Town' s zoning enforcement officer and other officials of the Town of Ithaca at any reasonable time upon written request for the purposes of confirming that the units have been rented to tenants with limited incomes . Any information regarding tenant incomes and rents received by the Town of Ithaca shall be considered confidential information and, to the extent required by law, shall be kept confidential . f. Loss of Eli ibilityA Subject to any other provisions regulating the occupancy of the project, any person who qualifies as an eligible tenant with limited income at the time of rental but who becomes ineligible by reason of increased income after assuming possession of a rental unit may be permitted to stay for the duration of such tenant' s lease. Leases shall be limited to one year in duration, and may be renewed upon demonstration that the tenant continues to meet the income limitations as set forth in this Restriction. g. Building Supervisor Apartment. The foregoing restrictions shall apply to all but one of the apartments in the project. Subject to the further restriction set forth hereinafter, at the option of the Owner, one apartment (the "Building Supervisor ' s Apartment") may be rented free of the restrictions set forth above, but only to a person or persons (collectively, "Supervisor") who : ( 1 ) are employed by the Owner for the purposes of managing, maintaining, or renting the apartments in the project, and (2) reside in the Building Supervisor' s Apartment. A Building Supervisor' s Apartment shall be permitted if and only if no apartment located on Parcel B , as shown on the Plat, is occupied by a Supervisor of the buildings located on either Parcel B or Parcel C . It is the intent of this restriction that only one of the apartment units located on either Parcel B or Parcel C may be occupied by such Supervisor at any point in time. If the Owner does not elect to have an on- site manger or maintenance person, all of the apartments in the project shall be subject to the restrictions contained herein. 2 . Maximum Number of Units . A maximum of 64 dwelling units shall be located on the Property to be contained in no more than eight multiple residence buildings . 3 . Conformance to Plan. The construction in the rezoned area shall be substantially in accordance with the preliminary plans for "Overlook at West Hill Apartments", including Drawings C001 - C0012 , 1,001 - L006 , and A001A, all prepared by HOLT Architects , PC, Trowbridge & Wolf, Landscape Architects , and T. G . Miller, P . C . , and dated 9 January 2001 with only such changes therein as may be approved by the Planning Board, such construction to consist essentially of eight buildings each containing eight apartments with a mix of approximately 16 one bedroom apartments , 32 two bedroom apartments and 16 three bedroom ' apartments . HARRIS BEACH Aiia RNT" AT t.w 1 J i 4 . Subdivision Prohibited. The Property shall be owned, in its entirety, by the individual or entity and shall not be subdivided or converted to condominium units, cooperative , or any other form of multiple ownership without approval of the Town Board and approval o related site or subdivision plan by the Town Planning Board , I 5 , Retention Area Maintenance. The Owner shall maintain at its own expense any drainage and/or storm water retention area shown on any final site plan approved by the Planning Board . Such maintenance shall be in accordance with generally accepted standards for such maintenance and shall be to the reasonable satisfaction of the Town Engineer. 6 . Certification to Town. Every three yeah; and more frequently if requested by the Town, for so long as the project is required to provide housing for tenants with limited incomes, the Owner shall provide to the Town a certification of compliance with the requirements of this Restriction, which certification shall be in form and substance reasonably satisfactory to the Town and which may include a rent roll indicating for each apartment name(s) of the tenant(s) , duration of lease, period of occupancy, tenant ' s income, utility cost and rent charged. Such information shall be deemed collected for enforcement purposes and, to the extent permitted by law, be kept confidential except as the same may need to be disclosed in connection with any enforcement proceeding. 7 . Audit. For so long as the Property is required to provide housing for tenants with limited incomes , the Town shall have authority (but not the obligation) to audit the certifications of the Owner to determine compliance with the provisions of this Restriction (subject to strict confidentiality) . Such audit may be conducted by Town personnel or by consultants or others sele by the Town. If the audit discloses a material breach of the provisions of this Restriction, wit limiting any other remedies available to the Town, the reasonable expense of the audit shall be by the Owner to the Town within ten days of demand for same by the Town. For this purpo "material breach" shall include, but not be limited to , renting of more than 5 % of the apartments in violation of the income limitations set forth in these restrictions . 8 . Termination of Restrictions . Unless work :has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty- six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of Town of Ithaca Local Law No . 4 of the year 2004, whichever is earlier, any building permit shall lapse, the site plan approval (both -final and preliminary, if any) shall expire, and this Restriction shall terminate, unless the Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, shall have extended the time limits for commencement of construction for such additional periods as the Planning Board may reasonably determine . An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to , but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building pennit, if required, has been obtained; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construc HARRIS BEACH 4 NTYOTM[1S AT LAw (where excavation is not required) has been started and is being diligently pursued . 9 . Conflicts . In the event that there are any conflicts between this Restriction and the requirements of the federal Low Income Housing Credit Program, codified in Section 42 of the Internal Revenue Code, the requirements of the federal Low Income Housing Credit Program shall prevail . 10. Binding Effect. This easement, together with all rights and obligations, as set forth herein shall run with the land and be binding upon and inure to the benefit of the Owner and its grantees, successors and assigns . IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. Ithaca Land Holdings LLC By: , Member STATE OF NEW YORK ) COUNTY OF QUEENS ) ss . : On the th day of in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the same. Notary Public P:\APFILES\MEADOWS\KYONG PURCHASE\Town of Ithaca DocumentsTinal Versions\Town of Ithaca Restrictions Parcel C rev 011305 43ilh.wpri HARRIS BEACH ATTOAlfY5 AT LAW 5 SCHEDULE A. Overlook at West Hill - Parcel C ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ithaca, Tompkins County, New York being a portion of tax parcel 24-4- 14 . 2 , designated as Parcel C on a map entitled "Final Subdivision Plat Aris Investments Overlook at West Hill, 1290 Trumansburg Road, Ithaca, New York" made by T. G . Miller, P . C . dated March 30, 2004, a copy of which is on file in the Town of Ithaca Planning Department and a copy of which was filed in the Tompkins County Clerk ' s Office on , 2005 , in Map Drawer , pagc; The above described premises are shown on said map as containing a total area of approximately 12 . 351 acres . i HARRIS BEACH 6 Aiio.vw[rs 17 LA++ DECLARATION OF RESTRICTIONS This Declaration of Restrictions, made this th day of , 2005 , by Overlook at West Hill L. P., a New York limited liability company, doing business at 31 - 87 Steinway Street, Suite Four, Astoria, New York 11103 (herein "Owner") . WITNESSETH : WHEREAS , Owner is the owner of that 12 . 224 acre parcel of real property situate in the Town of Ithaca, County of Tompkins and State of New York, in a Multiple Residence Zone, which real property is to be improved by multiple dwelling units commonly known as "Overlook at West Hill - Parcel B", as shown and designated "Parcel B" on the Final Subdivision Plat (the "Plat") approved by the Town of Ithaca Planning Board by Planning Board Resolution No . 2004-32 adopted April 20, 2004 , ("Resolution") a copy of which Plat was filed in the Tompkins County Clerk ' s Office on 2005 , in Map Drawer , page , (the "Property"), and WHEREAS , in consideration of the approval of the Town Board of the Town of Ithaca (the "Town") to rezone the Property to a Multiple Residence Zone, the Owner has agreed to restrict the use of the Property as affordable rental housing pursuant to the terms hereof (the "Restrictions") . NOW, THEREFORE, The Owner agrees as follows : 1 . Use as Low Income Housing. All rental units on the Property shall be limited in the amount of rent charged for same in accordance with the following provisions : a. Income Restrictions and Duration. For a period of fifty years from the date a permanent certificate of occupancy is issued for the last building on the Property all of the units, except as set forth below, shall be made available solely to tenants with limited incomes in accordance with the terms of the Restriction. This Restriction shall terminate at the end of such fifty year period . b . Definition . For the purpose of this Restriction a "tenant with limited income" shall be a tenant (either individual or family as the case may be) whose income is not more than 60% of the median family income in Tompkins County at the time of rental . The determination of median family income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. C, Additional Income Restrictions. At least fifteen percent of the dwelling units shall be made available to tenants with limited income whose income is not more than 30% of HARRIS BEACH Rr+On NM AT i... I the median family income . At least fifty percent of the dwelling units (includin fifteen pen cent referred to in the previous sentence) shall be made available to to with limited income whose income is not more than 50% of the median family inc . d . Maximum Rent. The maximum rent to be charged for the units shall not exceed the lesser of: ( 1 ) The maximum rents authorized by the Internal Revenue Code Section 42 Low Income Tax Credit Program applicable to the project and as administered by the United States internal Revenue Service and/or the New York State Division of Housing and Community Renewal ; or (2) On an annualized basis (determined at the time of execution of a lease or upon occupancy, whichever is earlier), 35 % of the percentage of the applicable median family income in Tompkins County applicable to the unit, based on unit size published as set forth above (e. g. if the median family income for a family of two in Tompkins County is $ 36 , 600 . 00 , and the tenant is being considered for a 30% median family income apartment, the maximum annual rental chargeable to two people in that apartment shall be $ 3843 , or $ 320 . 25 per month ($ 36 , 600 . 00 times 30% times 35 %)) . The maximum rent set forth above shall include costs of heat, water, gas, electricity, and sewer if any. The Owner shall have the option of requiring tenants to pay direct the provider the costs of any or all of such utilities provided that the annual rent charge is reduced by the reasonably anticipated annualized of such utilities (e. g. if the maximum annual rent is $ 3 , 843 . 00, and if the to is required to pay a public utility directly for his or her own gas and electricity, and if the reasonably anticipated annual cost of gas and electricity so payable is $ 500 . 00 , the basic annual rent shrill be no more than $ 3 , 343 . 00 or $278 . 59 per month) . Commencing on the date that is sixteen years from the date a permanent certificate of occupancy is issued for the last building in the project, i the maximum of 35 % of the percentage of the applicable median family income applicable to the unit that may be charged for rents shall increase to a imaximum of 40% of the applicable median family income . e . Income Information. The Owner shall obtain, at the time of rental , such information as the Owner may reasonably determine to be necessary to establish the total income of the person or persons occupying the rental units . At a minimum, such information shall include copies of the tenant ' s most recent income tax return including copies of W-2 forms ; if the tenant is working, copies of the tenant' s four most recent pay stubs ; and an affidavit sworn to by the tenant under the penalties of perjury stating j the total amount of tenant ' s income and the sources thereof including names and I addresses of payers of such income . The tenant shall also provide a signed authorization allowing both the Owner and the Town of Ithaca to verify Tenant ' s income with the payers of such income and shall also sign a written agree m t agreeing to notify the Owner of any increases in tenant' s income occurring HARRIS BEACH 2 ATTQSHhi .i LXw I, submission of the foregoing affidavit. Such records, authorization and agreement shall be kept by the Owner with any leases and shall be disclosed to the Town ' s zoning enforcement officer and other officials of the Town of Ithaca at any reasonable time upon written request for the purposes of confirming that the units have been rented to tenants with limited incomes . Any information regarding tenant incomes and rents received by the Town of Ithaca shall be considered confidential information and, to the extent required by law, shall be kept confidential . f. Loss of Eli . ibilit . Subject to any other provisions regulating the occupancy of the project, any person who qualifies as an eligible tenant with limited income at the time of rental but who becomes ineligible by reason of increased income after assuming possession of a rental unit may be permitted to stay for the duration of such tenant ' s lease . Leases shall be limited to one year in duration, and may be renewed upon demonstration that the tenant continues to meet the income limitations as set forth in this Restriction. g. Building Supervisor Apartment. The foregoing restrictions shall apply to all but one of the apartments in the project. At the option of the Owner, one apartment (the "Building Supervisor' s Apartment") may be rented free of the restrictions set forth above, but only to a person or persons who : ( 1 ) are employed by the Owner for the purposes of managing, maintaining, or renting the apartments in the project, and (2) reside in the Building Supervisor ' s Apartment. If the Owner does not elect to have an on- site manger or maintenance person, all of the apartments in the project shall be subject to the restrictions contained herein . 2 . Maximum Number of Units . A maximum of 64 dwelling units shall be located on the Property to be contained in no more than eight multiple residence buildings . In addition, one community center without dwelling units may be constructed. 3 . Conformance to Plan. The construction in the rezoned area shall be substantially in accordance with the preliminary plans for "Overlook at West Hill Apartments", including Drawings C001 - CO0125 L001 - L006, and A001 A, all prepared by HOLT Architects, PC, Trowbridge & Wolf, Landscape Architects, and T. G. Miller, P . C. , and dated 9 January 2001 with only such changes therein as maybe approved by the Planning Board, such construction to consist essentially of the construction of a community building and of eight additional buildings each containing eight apartments with a mix of approximately 16 one bedroom apartments, 32 two bedroom apartments and 16 three bedroom apartments . 4 . Subdivision Prohibited. The Property shall be owned, in its entirety , by the same individual or entity and shall not be subdivided or converted to condominium units , cooperative units, or any other form of multiple ownership without approval of the Town Board and approval of any HARRIS BEACH AnOKNIYI AT LAW 3 related site or subdivision plan by the Town Planning Board . 5 . Retention Area Maintenance . The Owner shall maintain at its own expens drainage and/or storm water retention area shown on any final site plan approved by the Planning Board. Such maintenance shall be in accordance with generally accepted standards for such maintenance and shall be to the reasonable satisfaction of the Town Engineer. 6 . Certification to Town . Every three years and more frequently if requested by the Town, for so long as the project is required to provide housing for tenants with limited incomes, the Owner shall provide to the Town a certification of compliance with the requirements of this Restriction, which certification shall be in form and substance reasonably satisfactory to the Town and which may include a rent roll indicating for each apartment name(s) of the tenant(s) , duration of lease, period of occupancy, tenant ' s income, utility cost and rent charged . Such information shall be deemed collected for enforcement purposes and, to the extent permitted by law, be kept confidential except as the same may need to be disclosed in connection with piny enforcement proceeding. 7 . Audit. For so long as the Property is required to provide housing for tenants with limited incomes, the Town shall have authority (but not the obligation) to audit the certifications of the Owner to determine compliance with the provisions of this Restriction (subject to strict confidentiality) . Such audit may be conducted by Town personnel or by consultants or others selected by the Town. If the audit discloses a material breach of the provisions of this Restriction, without limiting any other remedies available to the Town, the reasonable expense of the audit shall be paid by the Owner to the Town within ten days of demand for same by the Town. For this purpo "material breach" shall include, but not be limited to , renting of more than 5% of the apartme violation of the income limitations set forth in these restrictions . 8 . Termination of Restrictions . Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty-six months of the date the Planning Board gave final site plan approval , or within four years of the effective date of Town of Ithaca Local Law No . 4 of the year 2004, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and this Restriction shall terminate, unless the Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, shall have extended the time limits for commencement of construction for such additional periods as the Planning Board may reasonably determine . An application for such extension maybe made at the time of filing of the original application for site plan approval or at any time thereafter up to , but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained ; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued . 9 . Conflicts . In the event that there are any conflicts between this Restriction an HARRIS BEACH 4 Aiio RNM R L*w requirements of the federal Low Income Housing Credit Program, codified in Section 42 of the Internal Revenue Code, the requirements of the federal Low Income Housing Credit Program shall prevail . 10 . Binding Effect. This easement, together with all rights and obligations, as set forth herein shall run with the land and be binding upon and inure to the benefit of the Owner and its grantees, successors and assigns . IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. Overlook at West Hill L . P. By: , Member STATE OF NEW YORK ) COUNTY OF QUEENS ) ss. : On the th day of in the year 2005 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the same . Notary Public ISAWPFILESWEADOWS\KYONG PURCHASE\Town of Ithaca Documents\Final Versions\Town of Ithaca Restrictions Parcel B re 011305#2.wpd HARRIS BEACH ATTORNEYS AT LAW 5 i y SCHEDULE A. Overlook at West Hill - Parcel B ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ithaca, Tompkins County, New York being a portion of tax parcel 24-4- 14 . 2, designated as Parcel B on a map entitled "Final Subdivision Plat Aris Investments Overlook at West Hill, 1290 Trumansburg Road, Ithaca, New York" made by T. G . Miller, P . C . dated March 30, 2004, a copy of which is on file in the Town of Ithaca Planning Department and a copy of which was filed in the Tompkins County Clerk ' s Office on , 2005 , in Map Drawer , page; . The above described premises are shown on said map as containing a total area of approximately 12 . 224 acres . i I HARRIS BEACH 6 A"ORNEYS 17IL.W ATTACHMENT # 8 February 7 , 2005 Town Board Meeting TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM: MICHAEL SMITH, ENVIRONMENTAL PLANNER 5 DATE: JANUARY 28 , 2005 RE: QUALITY COMMUNITIES PROGRAM GRANT APPLICATION GATEWAY PEDESTRIAN BRIDGE TRAIL In December, the New York State Department of State announced the availability of funding through the Quality Communities Program (see attached press release). The grant funds may be used for direct salary or non-salary costs and there is no local match required. Construction or Capital costs are not eligible as part of this grant. One of the categories of the grant is "Protecting Open Space and Critical Environmental Resources" which includes recreation and trail planning. The application encourages collaboration among municipalities and joint applications for intermunicipal proposals. The application deadline is February 25 , 2005 . With the recent City and Town meetings and increasing activity relating to the Gateway Pedestrian Bridge Trail, it appears this would be an opportunity to apply for funding for planning and design of several of the main elements related to the future trail. The following activities were identified as likely to be included in this application: analysis and design of the Stone Quarry Road crossing, analysis (fill vs . bridge) and a design for the gap adjacent to Route 13 , design of the grading and ramps along the Home Depot parking lot, analysis of the existing trail overpass by Home Depot, and drafting of the Town/City/NYS Parks maintenance agreement for the trail. While the grant encourages joint applications, it requires one municipality to be the contractor for the purposes of executing the contract and to request and receive payment. In reviewing the activities to be submitted as part of the application, it appears that the Town, specifically the Town' s Engineering Department, will be involved in many of the activities, and it seems appropriate for the Town to act as the applicant. This has been discussed and confirmed with City Planning staff. We are also coordinating this with the NYS Office of Parks, Recreation & Historic Preservation. Included is a draft resolution for the Board' s consideration authorizing the Town to submit a joint application with the City of Ithaca, with NYS Parks as a supportive agency, and to have the Town act as the applicant. I am working with Tim Logue from City of Ithaca Planning to put together a preliminary budget and we anticipate having a total cost amount that can be inserted into the resolution at the Board meeting. It is anticipated that the total amount requested will be between $25,000 and $50,000, which would be for planning, design, or engineering work on some or all of the above elements . The City of Ithaca' s Planning, Neighborhoods and Economic Development Committee has discussed the possibility of this joint application and voted to support this trail project application (in favor of others that were being considered for submission), and will be recommending this project to the full Common Council in February. It is anticipated that the Common Council will act on this at their March 2nd meeting. Please contact me at 273- 1747 or email me at msmith @town.ithaca.ny.us if you have any questions. t I ,I I i 2 February 7 , 2005 , Town Board Meeting ATTACHMENT # 9 Agenda Item No : Employee ' s Survivor Health Insurance Coverage In the event of the death of an employee who had at least 5 years of service , the decedent employee' s dependents (spouse/partner and eligible children ) can remain on the Town/Commission 's health insurance by paying 100% of the insurance premium . Coverage can continue for the employee's spouse/partner until they obtain health insurance coverage through another employer or become eligible for Medicare . Coverage can continue for the employee ' s dependent child ( ren ) until they no longer meet the insurance plan ' s eligibility requirements ( i . e : , over the age of 19 and not a full time student . ) The spouse/partner and/or dependent children must choose to continue the coverage by completing the appropriate insurance change form , or if they opt not to continue coverage , sign a waiver of discontinued coverage . Use of sick time : If the employee had a sick time balance , the employer reserves the right to allow the employee' s spouse/partner and/or dependents to pay their health insurance premiums by utilizing the sick time balance . The sick time would be converted to a dollar amount by multiplying the hours by the hourly wage , then the cost of the premiums would be paid for 100 % from this pool of money until it is depleted . Premiums paid by the decedent employee's dependents must be paid to the Town each month by the 20th to insure coverage . Payments overdue by ? 60 days will result in termination of coverage . The Town/Commission will review the benefit of offering continued coverage of health insurance to survivor(s) , beyond that required by law , every three years . JL February 7 , 2005 Town Board Meeting ATTACHMENT # 10 Town Clerk' s 2004 Annual Report for February 7, 2005 Town Board Meeting Records Management STATE ARCHIVES AND RECORDS MANAGEMENT GRANT FUNDED. PROJECTS During 'the first half of 2004 the Town Clerks office completed the $ 14 , 430 . 00 Justice Court grant begun in July of 2003 . The purpose of the grant was to inventory 130+ cubic feet of Justice Court records dating back to the 1970s , The project included the disposition of 70 cubic feet of records deemed eligible for disposal by the New York State Office of Court Administration and the design of a filing system for the remaining records . On February 2 , 2004 , the Town Clerks' Office submitted a 2004/2005 g rant application to purchase open shelving and hire a part-time records clerk to implement the above mentioned filing system and file the 4 , 000 plus court case files that the Town must keep in storage . In June , the Town received notification that they had been awarded $ 10 , 548 . 00 for the project. Our request for computer upgrades to link '' the Court Clerks computers was denied . The Justice Court has submitted a request to the New York State Department of Criminal Justice Services for these upgrades along with a request for 5 computers . We expect to know the response to that request by May 2005 , Deputy Clerk John Coakley is working on the filing project and to-date the shelving has been received and installed and the project is moving along according to plan . Working with Marnie Kirchgessner and the Town Historian the Town Clerks' office submitted a 2005/2006 State Archives and Records Management Grant Application to hire student interns to use the Town 's historic records in the creation of lobby displays and historical brochures . We anticipate hearing sometime in June 2005 whether we will receive funding for this project . MAP / DRAWING STORAGE PROJECT The Town Clerks office continues to work with the Planning , Engineering , and Building and Zoning Departments to store their paper maps and drawings . Work on Engineering and Planning maps / drawings is complete and they are now all stored in roll files in the inactive storage room . Staff maintains the established system . Building and Zoning maps are being transferred from boxes to roll files . That transfer should be complete by the end of 2005 . i Codification of Laws and Ordinances The codification of all the Town ' s laws and ordinances was completed in 2004 . The Town received 10 bound volumes , an electronic version for posting on the Town website , and inclusion in General Code' s website . The Code is scheduled to be updated on a quarterly basis to include all newly enacted legislation . License Sales and Permits The Town adopted a new fee schedule in 2004 . Marriage license fees were increased to $40 . 00 and changes were made to the copy charge to simplify distribution of documents to the public . Elections The 2004 election ran smoothly in the Town of Ithaca . There was one machine problem early in the day and a replacement machine was quickly delivered to the polling place . Two of the Town ' s districts exceeded the 999- registemd voter limit (district 2 and district 7) . The Town may need to purchase additional machines for these districts . Concerns were expressed regarding Cayuga Heights Fire Station ' s ability to serve both district 8 and district 7 . The Board may want to investigate an additional polling place in that area . Town Website In 2004 the Clerks' office began preparing abbreviated Town Board and Planning Board minutes for posting to the web . I Tax Forms Town Hall continues to serve as a distribution center for income tax forms . This is a service the public genuinely appreciates as we seem to be the only place in the area that provides the forms . Staff Lori Love left the Clerks' Office in May and we welcomed John Coakley as the Town's new Deputy Clerk. i The Clerks office is working with two high school interns who work with support staff on various clerical projects , deliver mail , and help with filing . i 01 / 10/2005 . 15 : 52 :21 TOWN OF ITHACA . TOWN CLERK' S 2004 ANNUAL REPORT EIPTS 91 MISC. COPIES 223 .92 12 ZONING ORDINANCE 154.06 3 SUBDIVISION REGULATIONS 21 .00 1 NOISE ORDINANCE 1 .00 5 SIGN ORDINANCE 11 .00 72 TAX SEARCH 515 .00 2 RETURNED CHECK - CLERK 10.00 2 POSTAGE 1 .65 1 COMPREHENSIVE PLAN 12.00 6 RETURNED CHECK- W&S 30 .00 1 ZONING MAP 1 . 50 7 USE OF PARKS & BLDG 525 .00 1 PARK OPEN SPACE EXEC SUM 5 .30 43 MARRIAGE TRANSCRIPT 670 .00 139 MARRIAGE LICENSES 5 ,265 .00 52 COPY OF TAX BILL 12.75 12 SPCA IMPOUND FEES 410.00 28 BINGO PROCEEDS 161 .90 96,111 DOG LICENSES 8 ,698 .00 1 REFUND PRIOR YEAR EXPENS 70.00 174 BUILDING PERMIT 42,800.00 12 BUILDING PERMIT EXTENSIN 600.00 8 FOUNDATION PERMITS 17300.00 1 ' 1 CERTIFICATE OF OCCUPANCY 650.00 315 FIRE SAFETY INSPECTIONS 19870 .00 6 SIGN PERMITS 851 .00 22 TEMP CERTIFICATE OCCUP 7,630.00 15 OPERATING PERMIT 7,400.00 38 ZBA AREA & USE VARIANCE 39400 .00 11 ZBA SPECIAL APPROVALS 19020.00 6 SUBDV. REV, INITIAL APL. 854 .00 5 SUBDV . REV. PRELIM. PLAT 730.00 18 SUBDV. REV. FINAL PLAT 23300.21 1 SBDV. REV . PLAN REAFFIRM " 110 .00 5 SITE PLAN INIT. APL. FEE 550.00 9 SITE PLAN PRELIM. PLAN 8,900.00 10 SITE PLAN FINAL PLAN 39450.00 2 ASS. MTG . FEE P.H . PROCE 100.00 2 REZONING/ZONING AMEND 350 .00 1 SPECIAL PERMITS 100.00 1 FILL PERMIT 100.00 TOTAL RECEIPTS: $1019864.29 DISBURSEMENTS RSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 12, 108 .71 PAID TO SUPERVISOR FOR PART TOWN FUND 859065 .21 PAID TO COUNTY TREASURER FOR DOG LICENSES - 15367 .87 PAID TO AG & MARKETS FOR DOG LICENSES 240 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 302 .50 TOTAL DISBURSEMENTS : $ 1019864.29 1 n 1 I we l�(� ne lr� TEE-ANN HUNTER, TOWN CLERK JANUARY 10, 2005 I I TOWN OF ITHACA Highway Department Annual Report, 2004 The trend in recent years in the Town of Ithaca has been for growth in our infrastructure . This growth has impacted the Highway Department and our function at the Public Works Facility. In 2004, the Town accepted four new roads. They are Amber Lane and Apple Blossom Lane on West Hill in the Saponi Meadows subdivision and Southwoods Drive and Eldridge Circle on South Hill in the Southwoods subdivision. The highway crews were involved in inspecting the water and sewer lines being installed at Southwoods subdivision, along with inspections on each aspect of the building of the roads . The acceptance of the new roads means that the Town now has 48 .67 miles of road to maintain. This has increased from 47.85 miles of road and does not include Helen's Way off West Haven Road on West Hill that provides access to the Mountin subdivision park site. In 2004, the Highway crews established underground drainage and repaved Evergreen Lane. We did the same type of work on Rich Road—underground drainage and repaving. The hill section of Caldwell Road was rebuilt along with installing underground drainage. A stone retaining wall was put in place and the road was straightened some. All the reconstruction projects look very good . The lawn restorations and the drainage systems perform well . Thanks to the crews for jobs well done! ! The growth in 2004 was not only in roads. The Highway Department started construction of Tutelo Park. Tutelo Park is 8 .31 acres and located on Bostwick Road on the West Hill. It will be equipped with a regulation size little league baseball field . There will be dugouts, a comfort station, and a parking lot to accommodate the people using the field. In conjunction with the ball field, a pavilion will be built which will be able to accommodate family get togethers, Town functions, etc. The park will also have a ceremonial site for the Tutelo Indians where they can come to celebrate annually. During 2004 the Town's crews built a parking lot, supervised the installation of dugouts, and extended sewer across Bostwick Road for the Tutelo Park site for the comfort station. In addition, water lines were installed for the future comfort station and pavilion. In 2004, we spent 988 .5 hours of time building Tutelo Park. We will continue working on this park in 2005. The long-awaited William and Hannah Pew Trail also came under construction. This trail will continue the East Ithaca Recreation Way and will connect to it via our walkway along Honness Lane. In 2004, the parking lot area was graded and base Highway Department's Annual Report, 2004 Page 2 gravel installed to serve as a staging area for the trail's construction. Clearing of the trail corridor was begun. We spent 110 hours of time working on the Pew Trail . We will continue working on this trail in 2005 . A pavilion will. be erected adjacent to the trail in honor of former Town Supervisor, Shirley Raffensburger some time in the future. Comparison of Regular Highway Work 40% 35% ❑ 2000 30% — p 2001 25% 20% ❑ 2002 15% ❑ 2003 10% F ® 2004 y' 5% Pi 0% - - - 3 � o � v 3 Q, a, � v 3 > v v � 3 hx 13 v c� 3 G 0 � � � a co x Q ) a In 2004, we hired a new laborer, Jonathan Munson. Welcome to the department ! During 2004, there were 26 water breaks—one less than 2003 . Nine water breaks were repaired on East Hill, 12 in the Northeast, 4 on South Hill, and 1 on West Hill . There was a lot of work done throughout the year to finish up the Capital water projects; namely Bostwick Road water tank / Stone Quarry Road transmission line, Eco-village water tank, Coy Glen Road water main and pump station, and South Hill Transmission line. This work consisted of inspections, turning pumps on and off, landscaping, etc . Equipment purchases made in 2004 include a 2004 Volvo 10-wheeler truck with a snow plow, a 2004 New Holland Backhoe, a 2004 crew cab pickup, 2004 sewer jet, and two 2004 electric generators. Along with these scheduled purchased, the Highway Department had to purchase equipment to continue performing inspections on the Town's vehicles . New York State implemented a new procedure for inspecting vehicles and equipment. Now, each time we inspect a vehicle, we have to send the data to New York State at the time of the inspection . This required us to purchase a dedicated computer and printer . We also needed to upgrade our diagnostic systems testers to comply with the new inspection program. Highway . • . I Annual . • 2004 I This chart represents the 2004 Regular Hours without Fringe Benefits Sewer--G parks--A amount of time the Highway Crews spent in roads, water, Water-- F 14'Y° • parks figures These • • not include fringe . - or Water and Sewer Maintenance ' Manager's - - Roads--DR 2004 Regular Hours with Fringe Benefits Adding the fringe . • • the Roads • • • • would ratios • Water--F Sewer--G parks--A �,adjacent graph. The Water • Sewer Maintenance i'Manager's time is taken • , administrative • • Sewer accounts, Roads DB 69% TOWN OF ITHACA PLANNING (DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM: JON KANTER, DIRECTOR OF PLANNING RE: SUMMARY OF 2004 ACCOMPLISHMENTS & 2005 PRIORITIES AND PRESENTATION OF 2004 ANNUAL REPORT DATE: JANUARY 25 , 2005 I am pleased to present the attached _ Annual Report for 2004 on behalf of the Town of Ithaca IF Planning Department. For easier reference, I have compiled the following summary highlighting Planning Department accomplishments during 2004 and possible priorities for 2005 and beyond. 1 ) Codes & Ordinances Committee: Revised Zoning Ordinance and Map went into effect April 19 2004. The following were prepared and adopted: revised local law regarding fees and new fee schedule; and amendment to Subdivision Regulations regarding clustering in the Agricultural Zone. Progress was made on the following: revised Environmental Review Law; draft stream buffer law ; draft revisions in telecommunications regulations ; and draft . zoning amendments regarding certain agricultural activities. Priorities for 2005 : (a) complete stream buffer law ; (b) complete zoning amendments regarding certain agricultural uses ; (c) update Subdivision Regulations ; and (d) adopt Coy Glen Conservation Zone. [COC will be considering a more complete list of work plan priorities for 2005 . 1 2) Transportation Initiatives : Through Town of Ithaca Transportation Committee and ITCTC , (a) ITCTC Long Range Plan was completed ; (b) made progress on elements of town-wide Transportation Plan, including an initial public information meeting, analysis of resident survey, goals and objectives, and background and inventory sections ; and (c) continued working with County Sheriff' s Dept. on speed patrolling and enforcement on selected roads . Priorities for 2005 : Through Town of Ithaca Transportation Committee, complete remaining elements of town-wide Transportation Plan, and adopt Plan by end of 2005 . 3 ) Agricultural Land Preservation Pro ram: Submitted grant application for agricultural easements on two properties on West Hill. Completed annual monitoring and report for Ferguson easement. Priorities for 2005 : Meet with Agricultural Land Preservation Committee to evaluate program. Pursue other agricultural easement negotiations, and grant or donation opportunities . Continue to fund program through capital budget. 4) Capital Project Planning and Budgeting: Capital Projects & Fiscal Planning Committee prepared a five-year capital program, including a capital budget recommendation to Town Board for 2005 . Priorities for 2005 : Continue developing a multi-year capital program and focus on recommendations for 2006 capital budget. 5) Stormwater Management Program: Completed and filed Stormwater Pollution Prevention Program Annual Report with NYS Dept. of Environmental Conservation under requirements of new Phase 2 regulations . Participated in inter-municipal stormwater management coordination group . Priorities for 2005 : Continue implementation of stormwater management program, including public education and awareness, drafting of storrmwater management ordinance, etc. 6) Lake Source Cooling — Monitoring: Coordinated with consultants (Benchmark Environmental) to participate in Lake Source Cooling monitoring process , including attendance at Data Sharing Group meetings . Benchmark prepared an independent analysis report of LSC monitoring program results . This report was accepted by the Town Board and forwarded to DEC with a letter recommending that DEC require the monitoring to continue through the permit period with only minor modifications . Priorities for 2005 : Continue working with Benchmark to monitor Lake Source Cooling data collection and analysis process . 7) William and Hannah Pew Trail : The closing for the Baldwin and Colle properties was successfully completed. All planning and design work has been completed, and approvals from New York State (in conjunction with the federal transportation enhancement grant) have been received. Initial requests for reimbursements under the federal grant have been submitted and received. Priorities for 2005 : Trail construction to continue through 2005 . Additional goals and objectives for 2005 may include: 8) Investigate Affordable Housing Options : Continue research to see what other areas are doing to encourage or provide for housing that is affordable to households with moderate incomes . Work with Tompkins County on a housing needs assessment to identify housing needs in the area. Consider possible affordable housing regulations (e.g. , density bonus approach for developers willing to include a certain percentage of moderate income units, 2 mandatory requirement to include a certain percentage of moderate income units in any residential development, etc.): 9) Training for Planning and/or Zoning Board Members : Consider options to require or encourage training of Planning Board and/or Zoning Board of Appeals members. This could . focus on basic training for newly appointed members or continuing education for all members as well. State enabling law allows municipalities to require training for Planning and Zoning Board members (Town Law, Sections 267(2) and 271 ( 1 ) . 10) Consider Appointment of Alternate Planning Board and/or Zoning Board Members : The new provisions of the Zoning Code allow the Town Board to appoint alternate members to the Planning Board and Zoning Board of Appeals, pursuant to Town Law, Sections 267 and 271 . Alternate members are intended to substitute for a regular member when such member is unable to participate because of a conflict of interest, illness , or other extended absence, on an application or matter ;before the board. The Town Board should consider whether such appointment of alternate members for one or both of these boards would be warranted. Att. 3 TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT FOR 2004 DEVELOPMENT REVIEW Planning Board Actions : A major °portion of Planning Department time was spent in support of the activities of the Planning Board in the review of subdivisions , site plans , special approvals , recommendations to the Town Board, and other planning activities . A "Summary of Town of Ithaca Planning Board Actions - 2004" is attached to this report. The Planning Board approved a total of 67 actions during 2004 (an increase from 55 actions in 2003 ), including a total of 23 subdivision approvals, 18 site plan approvals, 13 sketch plan reviews, 2 site plan modifications , 5 recommendations to the Town Board or Zoning Board of Appeals , 2 modifications of Planning Board conditions , and 4 miscellaneous Planning Board actions. Pending development anticipated as a .result of the final approvals granted by the Planning Board in 2004 include 64 'potential new residential building lots (including development of the Westview 32-lot residential subdivision) , development of the Holly Creek Subdivision, which includes five single family residences, 20 apartment units, and future commercial development; and the Overlook at West Hill, consisting of 128 affordable rental apartments and market rate single family homes . Anticipated institutional and education development includes the construction of the Cornell Plantations Plant Production Facility, the Cornell. Arthropod Facility, Cornell Raptor Barn, and the East Campus Research Facility. Finally, expected additions to existing facilities include the expansion of the Cayuga Medical Center (currently in process), the expansion of La Tourelle, an addition to the Cornell Library Storage Annex, and additions to the Ellis Hollow Senior Apartments on East Hill . Planning staff spent a considerable amount of time reviewing sketch plans for additional proposed large residential developments and future commercial developments : These potential new developments , pending approvals in 2005 (or beyond), include a new Linderman Creek proposal consisting of four phases of residential subdivision development for 98 single-family residences and patio homes and a 72-unit, three-story senior apartment building. Also located on West Hill are the proposed Drake 30-lot Subdivision, including 29 market rate single-family residential homes and a proposed park area, and the proposed Sky Gardens Condominiums, consisting of approximately 200 market-rate condominium units in twelve buildings, a swimming pool, tennis court, clubhouse, trails, and other facilities . On South Hill, planning staff reviewed sketch plans for the Rubin Subdivision, a 14 to 60-lot residential subdivision located off of Troy Road. The Planning Board also issued a positive declaration of environmental significance for the proposed Remington Inn and Restaurant on East Shore Drive, which would include a 258-seat 'restaurant, 25 guest rooms, and a 4,690 square foot boathouse. This could come in for approval in 2005 , pending the outcome of the Environmental Impact Statement (EIS) process . Significant Planning staff time was also spent on the following development review activities : Plan Compliance and Inspections : The Planning, Engineering, Zoning and Highway Departments continued to work together to coordinate development inspections and compliance issues . PEZ meetings were held regularly to coordinate development review follow-ups. Zoning Board SEOR Reviews : The Planning Department staff prepared 31 SEQR (State Environmental Quality Review Act) reviews for the Zoning Board of Appeals in 2004, including Environmental Assessment Forms and staff recommendations on environmental impact for the Zoning Board of Appeals on area and use variances and special approvals . Planning staff attended ZBA meetings to provide technical assistance to the ZBA. Town Board SEOR Reviews : Staff prepared 7 SEQR reviews in 2004 for local . laws and other Town Board actions (e .g. , water craft law , fee law revisions , subdivision regulation amendment regarding clustering, adoption of Town Code, rezoning of Coniell property on Pine Tree Road, local law adopting revised water rates, amendment of La Tourelle SLUR) . PARK, RECREATION AND OPEN SPACE PLAN IMPLEMENTATION Agricultural Land Preservation (PDR) Program: The Agricultural Land Preservation Advisory Committee met in November and discussed the relationship between this committee and the Town' s Agricultural Committee, discussed other potential properties in the Town to pursue, and discussed what to do with the two applications the Town currently has if we don' t receive the grant which is described below . Planning staff conducted the annual inspection of the Ferguson property in July and found the property in compliance with the easement. In addition, Planning staff prepared grant applications for funding under the NYS Farmland Protection Program for two farm properties on West Hill . The application was submitted to the NYS Department of Agriculture and Markets by the October 1 , 2004 deadline. The two properties total approximately 167 acres, and acquisition costs for agricultural conservation easements on the two properties is estimated to total $ 293 ,000. The total State funding requested is $219 ,750, which would be matched by $73 ,250 in local funds and in-kind services (75 % State, 25 % local match) . East Ithaca Recreation Way (William and Hannah Pew Bikeway): The closing for the Baldwin and Colle properties was successfully completed on March 26 , 2004 . All planning and design work has been completed, and approvals from New York State (in. conjunction with the federal transportation enhancement grant) have been received. Initial requests for reimbursements under the federal grant have been submitted and received. Trail construction is anticipated to continue through 2005 . Inter-municipal Trail Committee: Town representatives , including Will Burbank, Jon Kanter, Mike Smith, and Rich Schoch, participated in monthly meetings of the inter-municipal trail- committee, which also includes representatives from the City of Ithaca, State, Ithaca-Tompkins County Transportation Council, . and other interested groups . In addition to coordinating plans for the proposed trail connecting Buttermilk Falls State Park and the Black Diamond Trail to the South Hill Recreationway, using the abandoned railroad r-o-w on South Hill to the Emerson 2 property, the function of the committee is to coordinate overall trail planning efforts , especially between the Town and City. Several sub-groups were set up to pursue details of the South Hill trail planning effort, including a right-of-way acquisition group (particularly to initiate discussions with Emerson) , a cost estimate group, a financial resources group, a group responsible for overseeing neighborhood communication and participation, and a group dealing with ownership and maintenance issues . During 2004, the trail committee discussed a number of specific issues regarding trail planning, design and development, including the status of the State' s planned Black Diamond Trail, problems and issues regarding the trail alignment through the Emerson property (as well as the possible environmental contamination on or near the Emerson site) , status of the federal grant that was announced for the project, and possible trail connections at the Home Depot site and Buttermilk Falls State Park. Members of the committee conducted several site visits to the trail, focusing on the approaches to the Gateway Bridge over Elmira Road (Route 13 ) . The committee is also discussing a possible summer youth program to begin trail work on the Gateway Bridge approaches , including direct discussions with both State Parks officials and representatives from Home Depot to ensure that this is a cooperative effort. Trail planning and design work will continue in 2005 . CONSERVATION BOARD The Planning Department provided regular staff support to the Conservation Board during 2004. Staff coordinated and regularly .attended Board meetings , organized field trips, and provided support to several Conservation Board (CB ) committees, such as the Environmental Review Committee and the Stream Protection Committee. Notable activities in 2004 included: Membership : The Conservation; Board is currently recruiting for new members . The nine- member board recently lost three voting members and is currently functioning with six members and three Associate members (two beginning in April) . Conrad Istock resigned this fall after serving for more than two years . ; John Yntema who has served on the Board for seven years will be moving to the Town of Danby in April, and has agreed to serve as an Associate until March. Elissa Wolfson has served on the Board for six years and has decided to step down as a voting member and become an Associate. Helen Lang who served has served as an Associate position for the last year and a half, decided not to seek re-appointment for this year. The Ithaca Journal is continuing to publish the vacancy announcement. Richard B . Fischer Annual Award: The Board presented its first Richard B . Fischer award to Betsy . Darlington for her land conservation work with the Finger Lakes Land Trust. The Board prepared a plaque with gold metal nameplates, which has been placed on the: wall in the Town Hall lobby . (The cherry wood base was constructed by Board member. Brent Katzmann) . At the award ceremony held on April 12`h the Conservation Board also presented a small plaque to Richard Fischer. As part of the award honor to Betsy Darlington, the Conservation Board also held a tree planting ceremony at 9Hungerford Heights Park located off Dove Drive in the town. The Board recently sent out press releases and letters of interest in hopes of attracting attention and encouraging nominations for the 2005 Fischer award. The Board hopes the effort will be as successful as last year. 3 Stream Protection Law : The stream protection law (now known as the Stream Setback Law), which seeks to require setbacks from development along town streams , continues to be refined. The draft of the proposed legislation is now under review by the Codes and Ordinances Committee (COC) . The COC has spent several meetings discussing and providing recommendations on various aspects of the legislation. Susan Brock, legal advisor for the COC , continues to provide guidance on development of the draft. As currently drafted, the legislation would require a minimum buffer width of 35 feet from each side of a stream containing a drainage area of 50 acres or greater. The drainage area is calculated by Town staff using Geographical Information Systems (GIS ) software. Larger creeks with drainage areas exceeding 200 acres would have a development setback of 50 feet, and those with drainage areas greater than 1500 acres, such as Fall Creek and Cascadilla Creek, would have a 100 foot setback. Once the COC has completed their initial review, the legislation would be distributed to other Town committees and boards for their feedback. Scenic Resources Committee : The Scenic Resource Committee, previously known as the Viewshed Committee, continued its work to protect special vistas , views , and scenic resources in the town. This year the committee outlined a strategy for inventorying and analyzing the town' s visual resources . The committee is using a grid map of the town so that photo collection can be more systematic, and insure that the entire town has been surveyed, and all potential views are considered. Committee members have been assigned particular areas of the. town, and disposable cameras have been issued to committee members . Once the inventory is complete the committee will be looking for public input on the inventory and analysis. Ultimately the goal is to identify and document vistas, views and scenic areas that are considered most significant to the residents , and to seek protection for these areas . Environmental Review Committee: The Environmental Review Committee (ERC) continued to provide useful comments to the Planning Board on various development proposals in 2004 . Major projects that ERC members conducted site visits for and composed comments on included: Westview Subdivision (96B/Schickel Road), Rubin Subdivision Sketch Plan (Troy Road), Country Inn and Suites Hotel (96B/W. King Rd), Linderman Creek Phase IV Subdivision Sketch Plan, La Tourelle Inn Expansion & Spa (96B ) , Heritage Park Townhouses 7-Lot Subdivision Sketch Plan (Troy/E. King Road) , Sky Gardens Condominium Development Sketch Plan (Mecklenburg Road) , Drake 30-Lot Subdivison Sketch Plan (Mecklenburg Road) , and the jCayuga Medical Center Emergency Room Addition. CODES AND ORDINANCES COMMITTEE The Planning Department provided staff assistance to the Codes and Ordinances Committee in 2004 . The following were accomplished or initiated: • Adoption of revised local law regarding fees and a new fee schedule • Completion of revised Environmental Review Law (will be sent to Town Board . for consideration possibly in February 2005) • Significant progress on drafting a proposed stream buffer law (see above) • Drafting of proposed follow-up zoning amendments regarding certain agricultural uses (based on comments from NYS Dept. of Agriculture & Markets) 4 • Adoption of a minor amendment in Subdivision Regulations regarding clustering in the Agricultural Zone • Drafting of proposed revisions in telecommunications regulations providing for streamlined review .procedures for certain small antennas and facilities (should be completed in early 2005 for Town Board consideration) [Note: The new Zoning Ordinance and Map, adopted by the Town Board on December 8 , 2003 , went into effect on April 1 , 2004.] " TRANSPORTATION COMMTTEE The Planning Department provided regular staff support to the Transportation Committee during 2004. Staff attended committee meetings and provided assistance in data collection and mapping, and in the preparation, of written materials . This past year was another busy and productive year for the Transportation Committee. The committee undertook several important initiatives and continued to make progress towards developing a transportation plan. The Committee oversaw the analysis of the resident' s transportation survey that was distributed in the Town' s 2003 fall newsletter. The survey was aimed at obtaining feedback on various transportation issues in the Town. Over 600 surveys were returned and incorporated in the analysis. In general , the results indicated that residents perceive high levels of traffic, inadequate space for bicyclists and pedestrians , and the lack of speed limit enforcement as the most obvious transportation problems facing the Town. The complete results are available and will be included in the Transportation Plan. The Committee has made progress in drafting the initial chapters of the Plan. This includes the identification of the Plan' s Goals and Objectives, and drafting of the Inventory Section. The goals of the plan address such areas as access and mobility, livability, safety, system preservation/maintenance, coordination, land use planning, and environmental impacts . The inventory provides a detailed description with maps and data of the existing transportation system, which includes the road network, along with pedestrian and bicycle facilities, transit service, etc. In June the Committee held its first public meeting in order to solicit feedback from the public on their vision for the transportation plan. The committee presented the purpose and overall process of developing a transportation plan, as well as the results of the transportation. survey, and the initial draft of the goals and objectives . The meeting gave residents an opportunity to discuss these aspects of the plan, as well "as discuss general transportation issues of concern to them. The Committee, in collaboration , with Ithaca Tompkins County Transportation Council (ITCTC), familiarized themselves with the TransCad traffic modeling software to examine its usefulness for the . Plan in identifying (or confirming) areas likely to experience traffic congestion in the future. This model combines demographic and geographic properties with peak hour counts for most major roads to approximate the road travel patterns across the county. With the input of data related to future projected demographic and development patterns, the model can also be used to predict future traffic volumes across the county. Committee members proposed several 5 future scenarios specifically along the Route 96 corridor to see how the model would respond to localized changes , and the Committee also examined the output for the future modeling scenarios that were undertaken for the County Comprehensive Plan. The committee met with representatives from TCAT to share information and discuss issues pertaining to transit service in the town. The committee also met with Acting Highway Manager for Tompkins County and Assistant Superintendent of Streets & Facilities for the City of Ithaca to discuss upcoming road projects of mutual interest. OTHER PLANNING DEPARTMENT PROJECTS AND ACTIVITIES Overlook at West Hill Lawsuit: The Planning Department assisted the Attorney for the Town in compiling , and indexing the public record regarding the Overlook at West Hill development ( 1290 Truinansburg Road) in conjunction with the lawsuit that was filed against the Town. On August 10, 2004, Justice Mulvey of the Supreme Court of Tompkins County dismissed the petition of neighbors against the Town of Ithaca and Aris Investments . The case was not appealed by the litigants . Capital Projects and Fiscal Planning Committee: The Committee:: met regularly during 2004. The Committee prepared a five-year capital program, including a capital budget recommendation to the Town Board for the 2005 Budget. The capital improvement program includes recommended projects in categories of parks, trails and open space ; transportation and highway; water; and sewer. Ithaca — Tompkins County Transportation Council (ITCTC) : Planning staff attended regular meetings of the ITCTC Planning Committee and Policy Committee and joint meetings of the Planning and Policy Committees . Regional transportation projects initiated or completed in 2004 included an update of the Long Range Transportation Plan (approved by the Policy Committee at the December meeting) , revision of the county-wide functional road classification system, initiation of a park-and-ride subcommittee, and initiation of the TIP (Transportation Improvement Program) update. Jonathan Kanter served as Chair of the ITCTC Planning Committee in 2004, and was re-elected as Chair for 2005 . Supervisor Valentino was re-elected as Vice-Chair of the Policy Committee for 2005 . Stormwater Management Pro-gram: The Planning Department, in cooperation with the Engineering and Highway Departments , completed and submitted to NYS Department of Environmental Conservation, in May 2004, the Annual Report for the Stormwater Pollution Prevention Program (SPPP) as required by SPDES General Permit for Stormwater Discharges for MS4s (operators of small "municipal separate storm sewer systems" in urbanized areas) . The Annual Report is required by the state in order to monitor and assess how well the regulated MS4s are progressing in fulfilling their obligations as specified in the Stormwater Pollution Prevention Plan. The town has until 2008 , through annual progressive implementation, to i complete this plan that seeks to control polluted runoff from entering our streams and lakes . 6 The Town continues to implement elements of the Stormwater Pollution Prevention Plan. Several elements had already been in practice, such as requiring, through site plan . and subdivision review, developers to control and treat stormwater runoff from new developments , as well as provide erosion control measures during construction. New activities include educational outreach efforts such as the recent written articles in the Town newsletter and development of a webpage (on the Town' s website) aimed at increasing awareness about stormwater pollution, initiating the mapping of all outfalls and receiving waters of stormwater by the Engineering Department so as to better monitor' illicit discharges entering the stormwater system, and ongoing training of town staff in aspects of':: stormwater management. Staff also continues to participate in the intermunicipal partnership known as the Stormwater Working Group, which was initiated in Tompkins County to focus specifically on stormwater management issues. In addition to the Town of Ithaca, the Stormwater Working Group is composed of MS4 representatives from the City of Ithaca, Town of Dryden, Town of Caroline, Town of Ulysses , Village of Lansing, Village of Cayuga Heights , Tompkins County, and other local groups having an interest in water resource protection including Tompkins County Soil and Water District, Cornell Cooperative Extension, Cornell University and the Cayuga Lake Watershed Network. This group was initiated in the summer of 2003 , and its mission is to provide a central resource to help 'the MS4s fulfill the state mandated requirements . Town staff will begin to prepare the 2004 annual report in early spring 2005 . The annual report is due to NYS DEC by June 1 '% and is required to be presented at a public meeting and to be made available for public comments, prior to its submission to NYSDEC . TCAD Economic Development Strategy Coordinating Committee : The Director of Planning and Town Supervisor attended quarterly meetings of the Tompkins County Area Development (TCAD) Economic Development Strategy Committee. Discussion topics included workforce development and downtown partnership strategies, updates on economic development projects .in the City of Ithaca, financial issues at the County Airport, and results of an economic survey conducted by TCAD (Tompkins County Area Development). Lake Source Cooling MonitoringMata Sharing Group: A Town Board liason, Planning staff and representatives from Benchmark Environmental Engineering & Science (the Town' s consultant) attended meetings of the Lake Source Cooling Data Sharing Group to discuss Cornell University' s monitoring program on the Lake Source Cooling project. Upstate Freshwater Institute (for Cornell) prepared reports , including a draft Five-Year Summary Report and draft Statistical Analysis, and Cornell sent a letter to the NYS Department of Environmental Conservation (DEC) requesting modification of the LSC In-Lake Monitoring Plan reducing the number of data collection points from eight to two. Benchmark reviewed these reports and Cornell ' s request to DEC , and° presented their recommendations to the Town Board at the October, 18 , 2004 meeting. Subsequently, Benchmark prepared a report, entitled "Review of Cayuga Lake Water Quality Monitoring Related to the LSC Facility for 1998 Through 2003" (November 2004), which was accepted by the Town Board and forwarded to DEC with a letter recommending that DEC require the monitoring to continue through the permit period with only minor modifications (see letter to DEC dated December 6, 2004) . Benchmark has submitted a 7 proposal to continue independent monitoring services for the Town in 2005 for the Town Board' s consideration. Rezoning of Cornell Property-- Former Genex Office Site, Pine Tree Road: The Planning Department conducted an environmental review and development potential analysis for the Town Board and Planning Board regarding the proposed rezoning of Cornell property at 391 Pine Tree Road. Cornell had requested that the Town Board rezone the site, currently developed with an office building, which contains the Cornell Institute for Social and Economic Research (CISER) , parking lot, barns and agricultural field, from Office Park Commercial (OPC) and Multiple Residence (MR) to Low Density Residential (LDR). Although Cornell at the time of the proposed rezoning had no plans to develop the parcel, Cornell indicated that it does not intend to develop the site with either commercial office or residential uses, and intends to continue using the property for educational purposes (not permitted under the OPC or MR zoning) . The property had previously been zoned R-30 Residence under the old zoning (comparable to the proposed LDR Zone) , but was rezoned to OPC and MR by the Town Board when the new Zoning Ordinance and Map were adopted on December 8 , 2003 . Based on the determination that the proposed rezoning back to LDR would have no significant negative impacts, the Town Board adopted a local law on September 13 , 2004 enacting the rezoning of the Cornell property to LDR. Conferences and Training Sessions : Planning staff attended the following conferences and training sessions during 2004 . Highlights of some of the conferences are described in the Planning Director' s monthly reports, and conference materials are available in the Planning Department: • Affordable Housing Roundtable, Community Foundation of Tompkins County — February 12, 2004 • Reasonable Suspicion Training (Drug & Alcohol Policy) — March 24, 2004 • Town Board/Management Team Workshop — April 14, 2004 • Quality Communities Conference, Albany, NY — May 25 -26 , 2004 • American Planning Association — Upstate New York Chapter Conference, Rochester, NY — October 27-29, 2004 • Harvard Business Review Management Workshop : "Straight Talk" — December 16, 2004 Municipal Officials Association Planning Coalition: This group of municipal planning officials , established by the Tompkins County Municipal Officials Association (MOA), met monthly during 2004 . Joel Gagnon was elected as Chair, Fred Wilcox was elected as Vice Chair, and Jonathan Kanter was elected as Recording Secretary. The MOA established the coalition to provide a forum for discussion and resolution of inter-municipal planning issues and cooperative j planning efforts among the municipalities, as well as to provide; advisory opinions and input to j the County during the preparation of the Comprehensive Plan, The Planning Coalition held several meetings focusing on elements of the Tompkins County Comprehensive Plan. Other discussions included topics such as flag lots , definitions of open space, viewshed protection methods, transit-oriented nodal development, work done by "Sustainable Tompkins", the City of Ithaca' s "Transportation Demand Management Study", and agricultural land preservation techniques being used or considered by municipalities . 8 City/Town/County Planners Meetings Regarding Inter-municipal Impacts of Development: Planners representing the City and Town of Ithaca and Tompkins County met three times at the end of 2004 to discuss inter-municipal planning and development issues, as a follow up to a meeting of elected officials from those municipalities in August. Planners have been discussing ways of addressing impacts of new developments in areas such as West Hill and the S,outhwest/Route 13 corridor that may have impacts that cross municipal borders, with a particular focus on traffic and transportation impacts . A status report is in the process of being prepared by the planners group, !' which will include suggestions for addressing some of the planning and development issues . Included among the ideas discussed are enhanced transit to minimize the reliance on the automobile, the importance of pedestrian and bicycle routes in the area, better coordination/communication among the municipalities in reviewing new development proposals, and other transportation demand management options (e.g. , park-and- ride lots ; designing new development to be more pedestrian and .transit friendly, etc.). The status report will be forwarded to elected officials who attended the August meeting in early 2005 . Inter-municipal Agreement Regarding General Municipal Law Referrals : The Town Board adopted Resolution No. 2004-032 on February 9, 2004, authorizing the signing of an inter- governmental agreement excluding certain local planning and zoning actions from Tompkins County review under New York State General Municipal Law. This followed a number of discussions between municipal and County officials (e.g. , at MOA Planning Coalition meetings, and with the Planning Board and Town Board) . The agreement was signed by the County and Town in August 2004. The new referral guidelines are now being followed by the Planning and Building and Zoning Departments , which has reduced the number of actions (and thus paperwork and staff time) referred to the County Planning Department for advisory recommendation. Items excluded from the referral process include actions that were determined by both parties to have local, rather than inter-community or county-wide concern or impacts . Tompkins County Communications Project — Working Group: Tompkins County hosted a working group with Town of Ithaca and Ithaca College officials beginning in February 2004, to discuss the proposed communications project, and in particular, a new telecommunications tower planned at the Ithaca College campus . This would be part of the County' s planned improvements to the countywide emergency services communications system. The new tower (estimated to be 180 feet tall) at Ithaca College would replace the existing radio tower (about 150 feet tall) . The County indicated; its willingness to work with the Town of Ithaca to go through the necessary approval process . The working group met several times in 2004, and reviewed propagation and coverage studies conducted by the County, as well as visual assessments and studies of alternate sites . The Planning Board subsequently reviewed a sketch plan that was submitted by the County, and preliminary and final site plan approval and a special permit were granted by the Planning Board on July 27 , 2004. To date, the Town has not received a building permit application for this project. Historic Resources Inventory: Barbara Ebert, adjunct professor at Comell ' s Historic Preservation Program,, has provided the Town with additional completed historic resources inventory forms . This is part of the cooperative effort to survey all of the Town' s potentially significant historic buildings and sites that has been underway for a number of years . This is being done by Cornell ,students under the supervision of Barbara Ebert, at nominal cost to the Town. The portion just 9 completed has been outstanding for several years , but we are happy to receive them. Ms. Ebert has indicated the possibility of completing survey forms for the remaining areas of the Town during 2005 . This would require additional commitment of funding by the Town. This will require further discussions with Ms . Ebert regarding timeframe, cost, etc. 2005 Budget: The Planning Department' s proposed 2005 Budget was completed and submitted to the Supervisor, and incorporated into the adopted 2005 Budget. Newsletters : The Planning Department coordinated the preparation and distribution of two newsletters (Spring and Fall) in 2004 . Thanks again to Chris Balestra for coordinating the preparation of the Newsletter. Of particular interest is the recreation and youth . services survey that was distributed to Town residents in the fall issue. Personnel: Nicole Tedesco worked as a Planning Intern, and primarily was involved in Transportation Committee work items. Respectfully submitted, Jonathan Kanter, A.I.C .P. , Director of Planning Susan Ritter, Assistant Director of Planning Michael Smith, Environmental Planner Christine Balestra, Planner January 25 , 2005 I 10 I SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS — 2004 Preliminary Subdivision Approvals Granted 2 Final Subdivision Approvals Granted 21 (includes actions where prelim: & final approval were simultaneous) Sketch Plan Reviews (Including Revised Sketch Plans) 13 Preliminary Site Plan Approvals Granted * 4 Final Site Plan Approvals Granted * 14 (includes actions where prelim. & final approval were simultaneous) Site Plan Modifications 2 Recommendations (to Town Board, ZBA, etc. ) 5 Modification of Conditions 2 Miscellaneous Planning Board Actions 4 TOTAL ACTIONS 67 *Note: The following approvals were included in certain projects listed in the project descriptions on the following pages, but were not added into the above 67 total actions : the granting of eight Special Permits/Approvals by the Planning Board, one Special Approval recommendation to the ZBA, and two Rezoning recommendations to the Town Board (La Tourelle and Overlook at West Hill) . Additionally, three projects (The Overlook, Country Inn & Suites, and Holly Creek Subdivision) included Subdivision approvals as well as Site Plan approvals. Only the primary approval for each of these three projects was counted in the 67 actions summarized above (i .e. , either subdivision or site plan approval , not both) . G 11 I PRELIMINARY SUBDIVISION APPROVALS Glenside Park 5-Lot Subdivision, Glenside Road and Five Mile Drive: The Planning Board granted Preliminary Subdivision Approval for the proposed 5-lot Glenside Park subdivision located along Glenside Road and Five Mile Drive (NYS Route .13A), Town of Ithaca Tax Parcel No . 30- 1 - 1 , Residence Districts R- 15 and R-9 . The proposal included subdividing the 44 +/- acre parcel into three residential lots for sale, one 7 +/- acre lot to be dedicated to the Town of Ithaca for a recreational park, and 32 . 5 +/- acres to be retained by the owner for possible future development. The proposal also included subdividing off seven small parcels to be consolidated with adjacent residential lots to correct existing encroachment problems . Westview 33-Lot Subdivision, Schickel Road and Danby Road : The Planning Board granted Preliminary Subdivision Approval for the Westview 33 -Lot 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 (Low Density Residential) , The proposal included extending Schickel Road towards the east and creating a loop road for 32 residential lots and one 1 '/s +/- acre lot for a park site in the southeast corner of the property. FINAL SUBDIVISION APPROVALS Glenside Park Subdivision, Glenside Road and Five Mile Drive : The Planning Board granted Final Subdivision Approval for the proposed 5 -lot Glenside Park subdivision located along Glenside Road and Five Mile Drive (NYS Route 13A) , Town of Ithaca Tax Parcel No. 30- 1 - 1 , Residence Districts R- 15 (Medium Density Residential) and R-9 (High Density Residential) . Holly Creek Subdivision and Development, Corner of West King Road and Danby Road : The Planning Board granted Final Subdivision Approval and Final Site Plan Approval for the proposed 8-lot Holly Creek Subdivision and associated development located at the intersection of West King Road and Danby Road, Town of Ithaca Tax Parcel No . ' s 37- 1 - 17 . 1 and 37- 1 - 18 , Residence District R-30, Multiple Residence, and Business District "C". The proposal is to subdivide the 15 +/- acre parcel into 5 lots for single-family residences , two lots totaling 4.63 +/- acres for 20 apartment units in four buildings, and reserve the remaining 5 .01 +/- acre lot along Danby Road for future commercial development. Westview 32 Lot Subdivision, Schickel Road : The Planning Board granted Final Subdivision Approval for the proposed Westview 32-Lot Subdivision located at the intersection of Schickel Road and NYS Route 96B (Danby Road) , Town of Ithaca Tax Parcel No. 36-2-3 .2, Low Density Residential Zone. The overall proposal included extending Schickel Road towards the east and creating a loop road for 31 residential lots and one 1 '/z +/- acre lot for a park site in the southeast corner of the property. PRELIMINARY AND FINAL SUBDIVISION APPROVALS) Armstrong 2-Lot Subdivision, 121 Honness Lane and 99 Terraceview Drive: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 121 Honness Lane and 99 Terraceview Drive, Town of Ithaca Tax Parcel No . ' s 58-2- 3 .2 and 58-2-3 . 1 , Medium Density Residential zone. The proposal is for reaffirmation of these two existing lots , which were subdivided in 1987 but did not include Planning Board certification on the plat. 12 Boodley 2-Lot Subdivision, 199 ; Iradell Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 199 Iradell Road, Town of Ithaca Tax Parcel No. 24- 1 - 1 .2, Agricultural zone. The proposal included subdividing the 8 .08+/- acre parcel into two lots, one 3 +/- acre parcel containing the existing residence and one 5 .08 +/- acre vacant parcel to be maintained in its natural state. A NYS Department of Environmental Conservation designated freshwater wetland is located on the parcel. Bostwick LLC 3-Lot Subdivision, between 415 and 433 Bostwick Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3 -lot subdivision located between 415 and 433 Bostwick Road, Town of Ithaca Tax parcel No . 32=2-3 . 2, Agricultural District. The proposal included subdividing a 2 . 751-acre parcel and a 3 . 112-acre parcel fronting on Bostwick Road from the 73 +/-° acre parcel for possible future sale. Brown 2-Lot Subdivision, Between 104 and 130 Enfield Falls Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located between 104 and 130 Enfield Falls Road, Town of Ithaca Tax Parcel No . 33- 1 -9 .2, Low Density Residential zone. The proposal included subdividing off a 1 . 34 +/- acre building lot from the 11 . 5 +/- acre parcel . Deer Run Homeowners Association 2-Lot Subdivision, Saranac Way: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on Saranac Way (immediately north of 308 and 309 Saranac Way), Town of Ithaca Tax Parcel No. 44- 1 - 168 , Medium Density Residential Zone. The proposal included subdividing the 0 . 764 +/- acre parcel into two lots of areas 0 . 309 +/- acres and 0 .455 +/- acres, which would be divided by Saranac Way. Fabbrom 4-Lot Subdivision, 127 Warren Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located at the southeast corner of Warren Road and Fairway Drive, Town of Ithaca Tax Parcel No . 66-3 -3 . 12, Medium Density Residential zone. The proposal included subdividing the 2.04 +/- acre parcel into three lots for potential future residences along Fairway Drive and one 0.77 +/- acre lot containing the existing residence at 127 Warren Road. Farrell 4-Lot Subdivision, 665-669 Coddington Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located at 665- 669 Coddington Road, Town of Ithaca Tax Parcel No. 48- 1 -5 . 2 , Low Density Residential and Conservation Zones . The proposal included subdividing the 11 . 8 +/- acre parcel into two lots for the existing residences at 667 "1 and 669 Coddington Road, one 2. 1 +/ acre parcel to be consolidated with the adjacent apartment building at 665 Coddington Road (Tax Parcel No. 48- 1 -5 . 1 ), and one 6 .7 +/- acre parcel on the east side of the property to be conveyed to the City of Ithaca. Fix 2-Lot Subdivision, 131 Honness Lane: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 131 Honness Lane, Town of Ithaca Tax Parcel No. 58-2-39 .2, Residence District R- 15 . The proposal included subdividing the 1 .073 -acre parcel into one 0.685-acre parcel containing the existing residence and one 0. 388- acre parcel for construction of a new two family residence. 13 Harris 4-Lot Subdivision, Chase Lane : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 4-lot subdivision located at the end of Chase Lane, Town of Ithaca Tax Parcel No . 45- 1 -2 .2, Residence District R- 15 . The subdivision of the +/- 34-acre parcel will result in the creation of a 1 . 32 +/- acre parcel for a future single-family residence, a 0.24 +/- acre parcel to be consolidated with Tax Parcel No. 45- 1 - 1 .2 for future access, a 0. 362 +/- acre parcel to be conveyed to the Town of Ithaca for the purpose of extending Chase Lane for use as a snow plow turn-around, with the remainder of the property staying undeveloped. Hartshorne 2-Lot Subdivision (Lot line change), 106 & 108 :Kay Street: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 106 and 108 Kay Street, Town of Ithaca Tax Parcel No. ' s 71 - 1 -`i4 and 71 - 1 -55 , Medium Density Residential Zone. The proposal is to subdivide off a +/- 0 . 12-acre parcel from 106 Kay Street to be consolidated with 108 Kay Street. Leonardo 2-Lot Subdivision, 1132 Danby Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 1132 Danby Road, Town of Ithaca Tax Parcel No . 37- 1 -20 . 11 , Medium Density Residential zone. The proposal included subdividing a +/- 0.07 -acre strip from the western boundary of Tax Parcel No. 37 - 1 - 20. 11 , to be consolidated with Tax Parcel No. 37- 1 -20 . 10 ( 10 Allison Drive) . Mountin 8-Lot Subdivision, Elm Street Extension and West Haven Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 8-lot subdivision located on Elm Street Extension and West Haven Road, Town of Ithaca Tax Parcel No . 28- 1 - 28 . 22, Medium Density Residential Zone. The proposal involved subdividing the 33 .3 +/- acre parcel into four residential building lots (between 3 .7 +/- and .5 . 8 +/- acres in size) along Elm Street Extension, two narrow parcels of 2 .7 +/- and 0 .98 +/- acres in size to be consolidated with ;existing adjacent parcels, a narrow 0.98 +/- acre parcel with access off W. Haven Road to be conveyed to the Town for municipal purposes , and a 10 .7 +/- acre parcel to be donated to the Town for open space/park purposes . Perkins 2-Lot Subdivision, 230 Stone Quarry Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 230 Stone Quarry Road, Town of Ithaca Tax Parcel No. 40- 1 -7 . 1 , Residence District R-9 . The proposal included subdividing the 3 . 36 +/- acre parcel into two lots , one 1 .24 +/- acre parcel containing the existing residence and one 2. 12 +/- acre vacant parcel for a future residence. Pokorney 3-Lot Subdivision, 276, 278, 280 Hayts Road ;; The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3 -lot subdivision located at 276 , 278 , and 280 Hayts Road, Town of Ithaca Tax Parcel No . ' s 24- 1 -35 and 24- 1 -34.2, Agricultural District. The proposal included subdividing 'a 0.614-acre parcel and a 0. 560-acre parcel from the j 71 +/- acre parcel (Tax Parcel No. 24- 1 -34 .2), which would be consolidated with Tax Parcel No. 24-1 -35 to create a 1 . 884-acre parcel containing two existing houses . Ruoff/Todd 2-Lot Subdivision, 216 & 217 Texas Lane: The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 216 and 217 Texas Lane, Town of Ithaca Tax Parcel No . ' s 71 - 1 - 3 and 71 - 1 -4, Medium Density 14 Residential Zone. The proposal i& to subdivide off a 0 .04 +/- acre parcel from 217 Texas Lane to be consolidated with 216 Texas Lane. Sapa/Center 2-Lot Subdivision;, 621 Elm Street Extension : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located on Coy Glen Road and Elm Street Extension, Town of Ithaca Tax Parcel No. 29- 8-5 . 1 , Residence District R- 15 . The proposal included subdividing off a 0. 57 +/- acre parcel fronting on Coy Glen Road from the existing .5 .2 +/- acre parcel with residence at 621 Elm Street Extension. Young 5-Lot Subdivision, Coddington Road : The Planning Board granted Preliminary and Final Subdivision Approval for ''the proposed 5-lot subdivision located on Coddington Road approximately 870 feet south of Updike Road, Town of Ithaca Tax Parcel. No. 47- 1 -4, Low Density Residential zone (former Residence District R-30) . The proposal involved subdividing the 14 . 8 +/- acre parcel into four residential building lots along Coddington Road and one 9 +/- acre lot which would be donated to the Coddington Road Community Center for their recreational activities . Wiedmaier Five-Lot Subdivision, Corner of Slaterville and Burns Roads : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed five-lot subdivision located at the southwestern corner of Slaterville Road and Burns Road, Town of Ithaca Tax Parcel No. 56-4- 1 .22, Residence District R- 15 and Conservation District. The proposal included subdividing the 16 .7 +/- acre parcel into . four residential lots located primarily within the R- 15 District and one 12 . 3 +/- acre residential lot located within the Conservation District. All five lots are accessed by one common' private drive off Slaterville Road. SKETCH PLAN REVIEWS Country Inn & Suites Hotel, southwest corner of West King Road and Danby Road (NYS Route 96B) : The Planning Board reviewed a sketch plan for the proposed Country Inn & Suites hotel located at the southwestern corner of West King Road and Danby Road (NYS Route 96B ), Town of Ithaca Tax Parcel No. 37- 1 - 17 . 1 , Business District "C". The proposal includes subdividing off a +/- 2 .74-acre parcel from the +/- 4 . 82-acre parcel for the construction of a 69- room hotel at the intersection. The proposal also includes approximately 82 parking spaces, sidewalks , signage, landscaping, and lighting. Follow-up Sketch Plan Review of Country Inn & Suites Hotel, southwest corner of West King Road and Danby Road : The Planning Board reviewed a Revised Sketch Plan for the proposed Country Inn & Suites Hotel . The revised proposal includes 67 hotel rooms, instead of 69 and 72 parking spaces instead of 82 . Follow-Up Sketch Plan Review for Country Inn and Suites Hotel, West King Road and Danby Road: The Planning Board considered another revised Sketch Plan for the proposed Country Inn & Suites Hotel . The additionally revised proposal includes construction of a two- story (reduced from three-stories), 67-room hotel and 70 parking spaces . Cornell University East Campus Research Facility, Tower and Campus Roads: The Planning Board considered a sketch plan for the proposed Cornell University East Campus 15 Research Facility located on the northeast corner of Tower and Campus Roads, Town of Ithaca Tax Parcel Nos . 63 - 1 -2 .2 and 67- 1 - 10. 3 , Low Density Residential Zone. Phase I of the proposal involves construction of an approximately 80,000 square foot multi-story building, with a possible Phase II 4-story addition consisting of 24,000 square feet. The facility will house animals used for research and teaching, and will be directly connected to the College of Veterinary Medicine. The project will require demolition of the existing one-story building that currently occupies the proposed site. Drake 30-lot Subdivision, Mecklenburg Road (to the east of 1362 Mecklenburg Road) : The Planning Board considered a sketch plan for the proposed 30-lot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27- 1 - 15 .2, Agricultural District: The proposal includes constructing a new road off Mecklenburg Road for the development of 29 residential lots and one lot reserved for open space on the 94 +/- acre parcel Heritage Park Townhouses 7-Lot Subdivision, Troy Road and East King Road : The Planning Board considered a Sketch Plan review for the proposed 7-lot subdivision located on the northeast corner of Troy Road and East King Road, Town ol' Ithaca Tax Parcel No. 49- 1 -26.2 (portion of) , Low Density Residential Zone. The proposal includes subdividing the +/- 6 .4-acre parcel into 7 lots for residential construction. Ithaca Estates Master Plan, East King Road : The Planning Board discussed a proposed Master Plan for the. . long range development of approximately 115 acres located at the northeast corner of East King Road and Danby Road (NYS Route 96B ) , Town of Ithaca Tax Parcel No. ' s 43 - 1 -3 ,2, - 43 - 1 -3 . 32, and 43 - 1 -3 .4, Neighborhood Commercial Zone, Low Density Residential Zone, and Conservation Zone. The "Ithaca Estates Proposed Park & Land Use Map" (8 September 2004) shows a proposed new road system with areas designated for commercial and residential development along with a proposed park site. The proposed 11 -lot Ithaca Estates Phase III subdivision is included on the Master Plan. The Planning Board deferred further action on the Ithaca Estates proposal until further information is available and site visits are made to the proposed park site. Linderman Creek Subdivision and Senior Apartments, Conifer Drive: The Planning Board considered a Sketch Plan for the proposed Linderman Creek Subdivision and Senior Apartments located north of the existing Linderman Creek Apartments off of Conifer Drive, Town of Ithaca Tax Parcel No . ' s 27 - 1 - 13 . 12 and 27 - 1 - 13. 162, Medium Density Residential Zone. The proposal includes four phases of residential subdivision for 98 single-family residences and patio homes and a 72 unit, three-story senior apartment building. The proposal also includes several new roads, stormwater facilities , and walking trails . Mountin Subdivision, Elm Street Extension and West Haven Road : The Planning Board considered a sketch plan for the proposed 8-lot subdivision located on Elm Street Extension and West Haven Road, Town of Ithaca Tax Parcel No. 28- 1 -28 .22, Medium Density Residential Zone. The proposal includes subdividing the 33 . 5 +/- acre parcel into four residential building lots (between 3 . 5 +/- and 5 .7 +/- acre lots) along Elm Street Extension and three narrow parcel 16 strips , which would be consolidated with existing neighboring lots . The proposal also includes a 10.3 +/- acre parcel to be donated to the Town of Ithaca for open space. Rubin 14-lot Subdivision, Troy Road: The Planning _ Board considered a sketch plan for the proposed 14-lot subdivision located on Troy Road approximately 1 ,600 feet south of the Coddington Road and Troy Road intersection, Town , of Ithaca Tax Parcel No. 49- 1 -26.2, Low Density Residential zone. The proposal includes subdividing the 69 +/- acre parcel into 6 lots of approximately 3 . 3 acres, 7 lots of approximately 2 .2 acres , and one +/- 34-acre lot, with all lots fronting on Troy Road. Sky Gardens Condominiums, Mecklenburg Road (NYS Route 79) : The Planning Board reviewed a sketch plan for the proposed Sky Gardens Condominiums located on the north side of Mecklenburg Road across from Rachel Carson Way, Town of Ithaca Tax Parcel No. 27- 1 - 14.2, Residence District R- 15 and Agricultural District. The proposal includes the construction of approximately 200 market-rate condominium units in twelve buildings, a swimming pool, a tennis court, a. clubhouse, jogging trails, new roads and parking lots, and stormwater facilities . The proposal also includes a request to rezone a portion of the 93 +/- acre property from Residence District R- 15 and Agricultural District to Multiple Residence or a Planned Development Zone. Tompkins County South Hill Communications Tower at Ithaca College Campus, off of Danby Road : The Planning Board considered a sketch plan for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus , Town of Ithaca Tax Parcel No. 41 - 1 -30.2, Medium Density Residential zone. The project involves construction of a 180-foot self- supporting tower (monopole or lattice) and a 192 square foot ( 12 ' x 16 ' ) building located adjacent to the existing Ithaca College' s 150 ' guyed tower for the County' s Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. Young & Leahy 5-Lot Subdivision, Coddington Road : The Planning Board reviewed a sketch plan for the proposed 5-lot subdivision located on Coddington Road approximately 870 feet south of Updike Road, Town of Ithaca Tax Parcel No. 47- 1 -4, Residence District R-30. The proposal involved subdividing the 14 . 8 +/- acre parcel into four residential building lots along Coddington Road and one 9 +/- acre lot which would be donated to the Coddington Road Community Center for their recreational activities . PRELIMINARY SITE PLAN APPROVALS Cayuga Medical Center Southwest Addition, 101 Harris B. Dates Drive: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed addition and site improvements to the Cayuga Medical Center at Ithaca located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No . ' s 24-3 -2 . 1 , 24-3 -2 .4119 24-3 -2.4129 24-3 -2 .21 , and 24-3 -2 . 3 , zoned Office Park Commercial . The project included a four story (+/- 89 foot height), +/- 53 ,000 square foot addition to the southwest corner of the existing Cayuga Medical Center. The project F lso involved modifications to the parking, vehicular circulation, landscaping, and stormwater facilities , and included demolition of an existing home located to the south of the existing Cayuga Medical Center. 17 i Country Inn & Suites Hotel, Danby Road and West King Road : The Planning Board granted Preliminary Subdivision Approval, Preliminary Site Plan Approval, and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed Country Inn & Suites Hotel located at the southwest corner of West King Road and Danby Road (NYS Route 96B ) , Town of Ithaca Tax Parcel No. 37 - 1 - 17 . 1 , Business District "C" . The proposal involves subdividing off a +/- 2 .74-acre parcel from the +/- 4 . 82-acre parcel for the construction of a 58- room hotel at the intersection. The proposal also includes 61 parking spaces , sidewalks , signage, landscaping, and lighting. La Tourelle Country Inn Addition, 1152 Danby Road: The Planning Board granted Preliminary Site Plan Approval and issued an affirmative recommendation to the Town Board regarding a Zoning Amendment for the proposed addition to the La Tourelle Country Inn located at 1152 Danby Road (NYS Route 96B ) , Town of Ithaca Tax Parcel No . 36- 1 -4 .2, Planned Development Zone No. 1 . The proposal involved construction of a three level addition on the west side of the existing Inn that would include 19 new rooms, a spa, an elevator, and an exercise room. The proposal also included additional parking and new landscaping. An amendment to the Planned Development Zone No. 1 is required to allow the spa. Overlook at West Hill, 1290 Trumansburg Road : The Planning Board granted Preliminary ;subdivision Approval, Preliminary Site Plan Approval, and issued an affirmative recommendation to the Town Board regarding a rezoning for the Overlook at West Hill proposal, located at 1290 Trumansburg Road (NYS Route 96), Town of Ithaca Tax Parcel No. 24-4- 14.2, Residential District R- 15 . The proposal consists of two phases of residential development, consisting of 128 affordable rental apartment units in 16 buildings and a community center in Phase I on a 24 +/- acre portion of Tax Parcel No . 24-4- 14.2, and 15 lots for single-family, market rate homes in Phase II on about 19 acres of the subject property. The current owners would retain about 5 acres containing the existing medical practice fronting on Trumansburg ]load. The applicant requested consideration of rezoning the 24 +/- acres for affordable rental apartments from R- 15 Residence to MR Multiple Residence and preliminary subdivision and site plan approval for the Phase I apartments. i PINAL SITE PLAN APPROVALS Cayuga Medical Center Southwest Addition : The Planning Board granted Final Site Plan Approval for the proposed addition and site improvements to the Cayuga Medical Center at Ithaca located at 101 Harris B . Dates Drive, Town of Ithaca Tax Parcel No. ' s 24-3 -2. 1 , 24-3 - 2.411 , 24-3 -2 .4129 24-3 -2 .21 , and 24-3 -2 . 3 , zoned Office Park . Commercial. The project included a four-story (+/- 89 foot height) , +/- 53 ,000 square foot addition to the southwest corner of the existing Cayuga Medical Center. The project also involved modifications to the parking, vehicular circulation, landscaping, and stormwater facilities, and includes demolition of an existing home located to the south of the existing Cayuga Medical Center. Overlook at West Hill, 1290 Trumansburg Road : The Planning Board granted Final Subdivision Approval and Final Site Plan Approval on April 20, 2004, for the proposed i residential development, Overlook at West Hill, located at 1290 Trumansburg Road (NYS Route 96) , Town of Ithaca Tax Parcel No. 24-4- 14 .2, Residential District R- 15 (Medium Density Residential) and Multiple Residence District. 18 PRELIMINARY AND FINAL SITE PLAN APPROVALS Cornell University Arthropod Facility, Game Farm Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Cornell University Arthropod Facility located off Game Farm Road, Town of Ithaca Tax Parcel No. 64- 1 -2 , Planned Development Zone No.9 . The project involved construction of a +/- 3 ,600 square foot one story arthropod research building containing laboratories, rearing rooms, greenhouses , and support space. Cornell University East Campus Research Facility, Corner of Tower and Campus Roads : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University East Campus Research Facility (Phase I) located on the corner of Tower and Campus Roads , Town of Ithaca Tax Parcel No . ' s 63 - 1 -2 .2, 67- 1 - 10. 2 and 67- 1 - 10. 3 , Low Density Residential Zone. Phase I of the proposal involved the construction of an approximately 80,000 square foot four-story building, with a possible Phase H four-story addition consisting of 24,000 square feet. The facility will house animals used for research and teaching and will be directly connected to the Veterinary Research Tower. The project will require the demolition of the existing one-story Laboratory Animal Services wing of the Veterinary Research Tower that currently occupies the site. Cornell University Library Storage Annex Addition, Palm Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Cornell University library storage annex addition located on Palm Road, Town of Ithaca Tax Parcel No. 64- 1 - 1 , Planned Development Zone No .9 . The project involved construction of two additions to the existing storage facility totaling +/- 35 ,000 square feet to provide storage capacity for the growing collections of the Cornell University libraries . The project also included additional walkways , driveways, landscaping, and a new loading dock. Cornell University Mason Shop Parking Lot, Palm Road : The Planning, Board granted Preliminary and Final Site Plan Approval and Special Approval for the proposed Cornell University Mason Shop Parking Lot project located off Palm Road behind the existing Mason Shop and Planning, Design, & Construction Warehouse, Town of Ithaca Tax Parcel No. 64- 1 -2, Planned Development Zone No. 9. The project involved construction of a stone parking area for approximately 90 vehicles, a 25 by 35 ' asphalt service pad and entry adjacent to the Mason Shop, and a stone driveway extension to Palm Road. Cornell University Plantations Plant Production Facility, Forest Home Drive: The Planning Board granted Preliminary and Final Site Plan approval and Special Permit for the proposed Cornell Plantations Plant Production Facility located on Forest Home Drive at the Arboretum Test Gardens , Town of Ithaca Tax Parcel No. 65- 1 -5 .2, Low Density Residential zone. The project involved the construction of a 3 ,270 +/= square foot greenhouse with an attached +/- 1 ,200 square foot head-house (support space), a 7 ,550 +/- square foot open-air lath house, and a +/- 2,000 square foot storage structure. The project also involved installation of approximately 1 , 840 feet of sanitary sewer line„ along Forest Home Drive for this new facility and the existing neighboring building. Cornell University Raptor Barn, Game Farm Road : The Planning Board granted Preliminary and Final Site Plan Approval an d Special Approval for the proposed Cornell University Raptor 19 Barn located off Game Farm Road at the Poultry Complex, Town of Ithaca Tax Parcel No . 64- 1 - 2, Planned Development Zone No. 9 . The project involved construction of a 4, 180 +/- square foot pole barn containing an office, procedures room, and space to house up to 80 birds of prey. The project also included a new gravel access drive and parking. Ellis Hollow Senior Apartments Renovations and Addition, 1028 Ellis . Hollow Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed renovations and addition to the Ellis Hollow Road Senior Apartments located at 1028 Ellis Hollow Road, Town of Ithaca Tax Parcel No. 62-2- 1 . 124, Multiple Residence Zone. The proposal involved installing new roofing and siding on the existing building along with renovating the 100 existing apartment units and converting the existing community space to four new one-bedroom apartments . The project also involved the construction of a new two- story, +/- 5 ,674 square foot addition on the east side of the building to include a large meeting room, a large conference room, a computer room, a kitchen, and a doctor' s office. Ithaca College Temporary Modular Office Space, 953 Danby Road : The Planning Board granted Preliminary and Final Site - Plan Approval and a Special Permit for the proposed temporary office facilities at Ithaca College, 953 Danby Road, Town of Ithaca Tax Parcel No. 41 - 1 -30 .2 , Medium Density Residential zone. The proposal included installation of a new 7 ,750 +/- square foot temporary modular office building located between Dillingham and Smiddy Halls to accommodate 30-35 employees . The proposal also included a request for a time extension until September 15 , 2009 for the existing 10,890 square foot temporary office facility located to the east of the Park School building. Ithaca Veteran Volunteer Fireman Association Pavilion, 638 Elmira Road: The Planning Board granted Preliminary and Final Site Plan Approval for the proposed pavilion located at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3 - 5 . 1 , Light Industrial zone. The project included construction of a 1 , 152 +/- square foot .(24 ' x 48 ' ) open pavilion located to the west of the existing building. Ling Ling Gardens Expansion, 331-333 Pine Tree Road : The Planning Board granted Preliminary and Final Site Plan Approval for the .proposed expomsion of the existing Ling-Ling Gardens located at 331 - 333 Pine Tree Road in the East Hill Plaza, Town of Ithaca Tax Parcel No . 62-2- 1 . 121 , and zoned Community Commercial . The project included expanding the existing restaurant into the adjacent vacant space (formally Video. Ithaca) for a dining room with additional seating. Tompkins County South Hill Communication Tower, Ithaca College Campus : The Planning Board granted Preliminary and Final Site Plan approval and a ,'Special Permit for the proposed Tompkins County South Hill communication tower located on the Ithaca College campus, Town of Ithaca Tax Parcel No . 41 - 1 =30 .2 , Medium Density Residential zone. The project involves construction of a 180-foot self-supporting monopole tower and a 300 square foot ( 12 ' x 25 ' ) building located adjacent to the existing Ithaca College' s 150' guyed tower for the County' s Public Safety Communication System. The existing Ithaca College tower will be removed once the existing transmitters are relocated to the new structure. 20 Verizon Wireless Telecommunication Facility, 756 Dryden Road. The Planning Board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed Verizon Wireless telecommunication facility located on the existing water tank at the McConville Barn of Cornell University, 756 Dryden Road, Town of Ithaca Tax Parcel No . 65- 1 -5 .2, Low Density Residential zone. The project involved installing 12 panel antennas on the existing water tank and a +/- 12 ' x 30' equipment shelter on a concrete pad near the base of the tank. SITE PLAN MODIFICATIONS Cayuga Medical Center — Radiation Oncology Modification, 101 Harris B. Dates Drive . The Planning Board granted approval for Site Plan Modification 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. The modifications involved increasing the size of the Radiation Oncology addition by approximately +/- 2,725 SF for a total of +/- 12,700 SF, and an extending the walkway canopy. The Planning Board previously granted approval for the three-story addition to the northwest corner of the existing hospital building on September 2, 2003 . Ithaca Beer Company Expansion — Modification, 606 Elmira Road : The Planning Board granted approval for Site Plan Modification for the proposed 3 ,255 +/- 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 modification included changing from a 48 ' x 66 ' (3 , 168 SF) addition as approved by the Planning Board on October 7 , 2003 to a 35 ' x 93 ' (3 ,255 SF) addition located along the rear of the existing building. RECOMMENDATIONS Recommendation to Town ,, Board Regarding Inter-governmental Agreement with Tompkins County to Exclude Certain Municipal Planning and Zoning Actions from the Referral Requirements of New York State General Municipal Law : The Planning Board issued an affirmative recommendation supporting this inter-governmental agreement. Recommendation to Town Board Regarding Amendment to Section 31( 1) of the Town of Ithaca Subdivision Regulations : The Planning Board issued an affirmative recommendation to the Town Board regarding an amendment to Section 31 ( 1 ) of the Town of Ithaca Subdivision Regulations to allow cluster subdivisions in the Agricultural Zone. Recommendation to Town Board Regarding Rezoning of Cornell University Parcel from Office Park Commercial and Multiple Residence to Low Density Residential, 391 Pine Tree Road : The Planning Board issued an affirmative recommendation to the Town Board regarding a local law to amend the Town' s Zoning Ordinance to rezone the Cornell University parcel at 391 Pine Tree Road from Office Park Commercial and Multiple Residence to Low Density Residential, Town of Ithaca Tax 'Parcel No . 63 - 1 -3 .4 . Recommendation to Town Board Regarding Tompkins County Comprehensive Plan : The Planning Board issued an affirmative recommendation to the Town Board regarding a Resolution 'Supporting the Adoption of the Tompkins County Comprehensive Plan by the Tompkins County Legislature. 21 Recommendation to Zoning Board of Appeals Regarding Sign Variance : The Planning Board issued an affirmative recommendation to the Zoning Board. of Appeals regarding a sign variance to allow a 24 square foot freestanding self-illuminated church sign with a copy-change section for the Ithaca Seventh Day Adventist Church, 1219 Trumansburg Road, Town of Ithaca Tax Parcel No . 26-4-42, Residence District R- 15 . MODIFICATIONS OF PLANNING BOARD CONDITIONS Cayuga Medical Center — Reconsider Modification of Condition of Previous Site Plan Approval, 101 Harris B . Dates Drive : The Planning Board reconsidered 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 originally 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, but was modified to submission prior to certificate of occupancy on October 7 , 2003 . Based on further discussion, the Board let stand their previous action. Cortright Subdivision — Modification of Condition, 653 Elmira Road : The Planning Board granted approval for the modification of previous conditions of Preliminary and Final Subdivision Approval for the subdivision of Tax Parcel No. 35- 1 - 18 on Elmira Road (divided into 45 : 141 and 2 .617 acre parcels), Neighborhood Commercial and Conservation Zones . The original subdivision approval was granted on August 22, 2000, and required consolidation of the 45 . 141 -acre parcel with adjacent Tax Parcel No. 35 - 1 -5 . 2 within six months . The applicant (NYS Office of Parks is negotiating to acquire the large parcel for the Black Diamond Trail) received two extensions of the consolidation timeframe requirement, which recently expired on August 31 , 2004. The applicant received a 10-year extension. MISCELLANEOUS PLANNING BOARD ACTIONS The Inn at City Lights, 1319 Mecklenburg Road : The Planning Board granted a Special Permit for The Inn at City Lights located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No. 28- 1 -26 .6, Low Density Residential Zone. The proposal included expanding within the existing bed and breakfast structure from the current 3 bedrooms to 5 bedrooms . No construction or renovation is proposed to use these additional 2 rooms . Ithaca Estates Phase III Subdivision, East King Road : The Planning Board considered an application for Preliminary Subdivision Approval for the proposed 13 -lot subdivision (Ithaca Estates Phase III) located off East King Road (between 132 and134 East King Road), Town of Ithaca Tax Parcel No . ' s 43 - 1 -3 . 2 and 43 - 1 -3 . 32, Low Density Residential Zone and Conservation Zone (easternmost portion) . The proposal involved creating I1 residential lots on new roads, with the remaining lands to the north and west of the subdivision reserved for potential future development. A park and recreation set aside will also have to be determined. At this meeting, the Planning Board determined that the application contained insufficient information to make an environmental determination pursuant to SEQR. Overlook at West Hill — Extension of Time to File Plat, 1290 Trumansburg Road : The Planning Board granted a 90 day extension of the duration of conditional approval of the final 22 1 subdivision plat for the Overlook at West Hill project, 1290 Trumansburg Road, pursuant to Town Law Section 276(7)(c) . This was necessitated by the court case filed against the Town and applicant, and provides for an extension of the time to complete the conditions of subdivision approval that are required in order' to file the plat in the County Clerk' s office. Remington Inn & Restaurant, 1000 East Shore Drive: The Planning Board issued a positive declaration of environmental significance and is requiring the preparation of an Environmental Impact Statement (EIS ) for the proposed Remington Inn & Restaurant located at 1000 East Shore Drive between East Shore Drive and Cayuga Lake, Town of Ithaca Tax Parcel No. 19-2-29, Lakefront Commercial Zone. The proposal includes demolishing the existing two buildings to construct a 258-seat restaurant, a " two-story 25 -guest unit upscale lodge, -and a new 4,690 square foot boathouse for the Cornell University' s sailing program. The proposal also includes 127 parking spaces, stormwater facilities , and retention of the existing private marina (boat launch and docking facilities) . Pending the outcome of the EIS process , future actions will include site plan approval, special approval, and a setback variance. 23 I Development Review Accounting For 2004 In 2004, the Planning Department received 43 new development review applications consisting of approximately 17 site plan reviews, 22 subdivision reviews, two sign recommendations, one special permit, and one rezoning recommendation. Some applications include multiple actions that were not counted separately for development review accounting purposes . In May 2004, the Town Board adopted a new fee schedule which included significant changes to the amounts and the way Site Plan and Subdivision fees were collected . Under the old system there was both an application fee (non-refundable) and a development review fee deposit (fees deposited in an account, staff time was charged against balance, any remaining balance when project closed was refunded) . The new fee schedule now involves only one non-refundable application fee that is based on total project cost for site plans and the number of lots being created for subdivisions. As a result of changing the fee schedule in May 2004, there are two summary tables and explanations of the fees collected for each schedule. [Note: The number of applications referenced above do not match the totals on the two tables because fees for some projects were collected under both the old and the new fee schedules . In addition, the number of actions in the Planning Board summary do not necessarily coincide with these development review numbers . Planning Board actions are :those where: approval was granted, while . development review numbers are simply those applications received or processed in 2004 . ] Under the old schedule, a total of $2 ,628 .00 was collected in non-refundable application fees and $3 ,912 .20 was collected from development review deposits and letters of request. These amounts were collected primarily through the end May. Planning, Engineering, and Attorney . fees charged to these projects totaled $5 ,438 .90 for the year. As shown on the table, a large number of projects were closed out in May as we switched to the new schedule. Being labeled as closed only means that the account was closed, the project could be open and continuing but would not have any additional charges (2-lot subdivisions) or are finishing the review under the new schedule. There is currently a total balance of $9,498 .42 for the twenty-one projects remaining under the old fee schedule at the end of the year. This balance will continue to decrease as projects are completed and closed out during this tran sition period. The old system will be completely phased out by the end of February 2005 . There were seven projects that were split between the two fee schedules and will appear on both summary tables . Any balance that remained under the old schedule was applied to the next stage of review under the new schedule. Since the end of May a total of $ 17 ,486 .21 was collected under the new fee schedule for subdivision review, site plan review, special permits, rezoning, and additional meeting fees . Of the forty-three new projects , twenty were received and processed under the new fee schedule. Non-Refundable Application Fees Collected (old schedule) : $2,628400 Non-Refundable Application Fees Collected (new schedule) : $ 17 ,486 .21 Total Application Fees Collected. $20, 114.21 Refundable Review Fee Deposit Collected (old schedule) : $37912020 24 2004 Planning Board Applications (projects under new fee `schedule) x 99- 11 -328 Ithaca. Estates Subdivision $ 100900 02- 10-437 Linderman Creek Subdivision $396 .00 03-05 -453 The Remington $ 19500 .00 03-06-454 Westview 34-Lot Subdivision $73021 04-01 474 Leah 5 -Lot Subdivision (Coddin ton Rd) $200.00 04-03 -481 Country Inn & Suites Hotel $ 19700.00 04-04-487 CMC Southwest Addition $ 19250.00 04-06-497 CU Plantations Plant Production Facility $ 1 ,000.00 04-06498 Armstrong 2-Lot Subdivision $ 110000 04-06-499 Leonardo 2-Lot Subdivision $ 140.00 04-06-500 Verizon Telecom. - Water Tank $300.00 04-07-501 CU East Campus Research Facility $39100.00 04-08-502 Mountin 8-Lot Subdivision $320.00 04-08-503 Farrell 4-Lot Subdivision $ 180.00 04-08-504 CU Mason Shop Parkin Lot $400.00 04-08-505 CU Raptor Barn $400.00 04-09- 506 The Inn @ City Lights $ 100900 04-09- 507 La Tourelle - room expansion & spa $ 19675 .00 04-09-508 Ruoff 2-Lot Subdivision $ 140900 0440-509 Heritage Park Townhouses 7-Lot Sub. $ 100.00 04- 10-510 Hartshorne 2-Lot Subdivision $ 140000 04- 11 -511 Ellis Hollow Apts.. Renovation & Addition $ 19000000 0441 - 512 Tompkins Co. Chamber of Comm. Addition $ 175900 04- 12- 513 Finch / Nicholas 2-Lot Subdivision $ 140.00 04- 12-514 Southern Tier Capil World Sin $50.00 04- 12-515 Stearns 2-Lot Subdivision $ 140 .00 04- 12- 516 Conifer Village Ithaca Senior Living Comm. $29000000 Total : $ 179486 .21 25 u �! 0 o o C) 0 o o o v 8 8 8 88 o o o 0 0 0 O O N O O O O O O O O O O O N O O N O N O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N to •-• to N °� ^ Vl to kn Vl kn Vl •-• � •-• y Vl •-• Ul h V1 O� O� M v1 [� V'f N - -. � C .0 .0 C C C_ C C C C_ C C C C C C C x 0C C C C C C C C C C C •�G C G - U N C N U C C O H aJ N N VJ N t/1 VJ h N N y 0 0 a) N N N h h a) d) y N N 6� N N N N N N N N N N H N N 0 C O O O O _O O _O O O O O O O _O O O O _O O O _O 0 0 0 _O O O - U o o o U U U U U Q U U U U Q U U U U U U U U o o U U U U U U U U U U U U U o U NT 0C\ 0 �O O OOO t` OOO 0 0 O 0 OO \0 hO ^ 00 t` O O O O O 0000000 O O ^ o o noN000000 0000a, 00o0o0000000 - oo �c0000000000OOOO no ;u! dvvi nori0000r000MOO OOOOOO � vioc00000000000000000000 p 69 Z M •• b9 vl 69 6'3 69 69 V5 69 69 to N 69 69 69 69 69 to 69 69 •-. to to r� 69 69 N O 69 to fA 69 69 fo 69 69 69 69 69 69 69 to 69 N = 6R 60!) yt ' V,_��j, 69 k n o N O O O en 0 0 coo \O v^1 0 M cc -o O O O •--' 00 N 00 O O O O O _'O MC O en o M O O O O O O �O 00 �O O O O 0 0 0 0 0 0 00 O N O O •.O o 0 o C` O O O N O 0 0 0 0 0 O� O =W O ON vi rn O M 0 0 0 0 t` kn a 'n 0 0 00 0 0 coo t` 'n O �O O O N 0 0 0 to 0 C r` O O C O C O ^ O M M 69 in V1 O 69 69 to 69 69 d' M 69 69 N 69 69 69 69 69 •-, 69 69 N 69 69 • O O 69 H9 00 to 69 69 69 69 69 to 69 00 69 :: .Gr_=N: O' �D ^• ^ N N 69 `-' `-� 0 69 fo V' `•� �A �O 69 to -• M -=R1=L':. •-. ... 69 69 69 64 N 69 69 69 ;U=p: 69 of 69 to O oo O N 0 0 0 0 0 0 0 0 00 0 00 O O O O O O O o 0 0 0 N O O N 0 0 0 0 0 0 0 0 0 0 ^ 0 0 0 0 0 O ^ 0 0 0 0 0 0 0 0 0 7 ao [� 0 0 0 0 0 0 0 0 0 0 0 O O h 0 0 0 0 0 0 0 0 0 0 N 0 0 0 7 0 . 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O " 0 F ?? u i .0 p� ct� N "-' N a^ U `° Oo O N ;v = U vNi v`�i •� C 'J cts G a a� x Ua s a ° '� N 3 a v ° c a x o > a Q � ° v ti ti3 � a ° v o o x� o c a 3 0 0 ° x ° aXi a ° = A o U o u i d A o at= �, mawU � ^ U •, - -aUUaw oa � FC73USzU aU <tm ¢ U � 3 F33a% U T � 00 NT \O 00 O\ ^•" N M 00 O 'M N en t� V 00 O\ ^ M �O r� o0 Cn O N M r� 00 U O ^� N M �Y N t� O -^ N o w F N '7 M �o P t� O N M v) \0 t� 00 00 00 CT O O N N N M M M �M} M M may} kn W) tn kn tr It It u -' •-- N N N N M M M M M M M M M M V it qt V mt d' V qt 7 `! 7 y 3 ; i ' ' ' ' ' ' ' ' ' ' ^;,� �� N N M ���•• 'R �n 'n V•1 in �O �D \018 z•� = N O N � 4 M --' N [� O M M M oo Q` O N N a• 'n o0 0o rn O ^ ,., 0 0 0 0 x 0 0 0 0 0 0 0 O O O 00000 ^� OO 000 � 00 -•' 000000000 t'^ ' ' ' ' ' ' ' ' ' ' ,� .- -•�� N N N N N N N N N N N N N M cn cn M cn c+1 O rn to f+l cn M t+l (h to r4 Z: M d' t` 00 a0 00 O� O O O 0 0 0 O O O O O O O O O O O O O O O Q O O O O O O O M O O 0 0 O O O CD 26 Y= vvv 0 0 v 0 0 0 0 0 0 0 0 o 0 0 0 0 o 0 0 o o o o c` O O O y 0 0 0 0 0 0 0 0 0 0 0 O O O O O N O O O O N N N N N N N N N N N N N N N N N C�V N N N N N h W'l V•1 V'1 V7 c/'f V•1 Ul W) WP) W) V•f h h V•1 to V1 N V'1 - b 'O b b wo b b __- - O O O _O O _ _ _ •O _N lu (u u4) 0 N N N N N N O 0 0 0 0 0 O O O O O O 0 O O O CL O O D D U U U U U U U U U U U O D U U U U U U O O U O D U 0 CN p O O �c Wn 0 0 0 0 0 0 0 0 0 0 C� 0 0 0 0 '0 O p N O %C O O "= - X000000 • 00000000000l� 000000000 �c 00 occooivi00000000000000000000ri0 o0 69 64 69 «A �c v 64 64 69 64 64 69 64 6s 6s 64 69 69 cis 64 64 64 64 64 69 0 69 O 69 64 fiPt ee�d 69 69 _ O C� 0 0 o M 0 0 0 0 0 0 0 00 0 0 0 0 0 0 000000000 O=M' \C O O CN O O �c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aa,.0, -•. SOON OOZY 000000000000000000006000 lA 6s N_ 64 O o0 69 64 69 64 69 69 69 69 64 6s 69 EA 69 64 69 69 64 64 69 69 V3 69 64 V3 N N ...� U=` o- 6s fycrir :C1=Fly' C� y; - 00000 1- r � 0000000llo00 00 00 0 0o0 v0 0 0 0 0 0 0 0 Q; 00 c� 0 0 0 0 0 0 0 '.O 00 N O O �c 00 c� c} C� O M O O O1A .di O C 0 0 0 �O in r 0 0 0 0 0 0 0 0 06 ^+ 6 O C� 66 h �O O 00 C O 00 C_!Q�'. 69 69 64 64 6s cf) M N 69 69 64 64 69 69 64 64 69 69 4\ 69 69 O 69 6A NN t C\ 6s 609 69 64 0.- I v=N: N 69 fR 69 69 64 . 69 d�4 y' 0 0 0 0 0 CD 6e C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 N o: 69 69 69 64 69 69 00 69 69 64 6R 64 6R 69 64 69 69 69 O t{j 64 O 69 69 O O O 6s O 69 64 .•� . 6�9 66s 664 fA 664 � 669 E/s a 000SS00000000000S0000SS000Soo $ o S m - -.b. 0000000000OOOOO00000000000000000 00 o cav, 06464Fs l os0v, intn 00r000ot� v, rr0rWnoCNVn000r06964 ev QI R •--' N 64 69 �..i 64 64 69 69 • 64 64 �... 69 ••r . bq 6q ,r .� ,--i 69 ^ b -- 69 69 69 6s 69 64 64 69 69 64 64 6s N y AIX H9 t5 rn 0 d O PIC ° 3 Er o : S o o x a c o: F O :0 H c o cts CC � V > > U O H pN C ci � O O O O ' . U0 S N 6- O N .a > � > b Z o AV ° = 2 = 3 = e >> > av •ow > ° U :CL rA V7 <0 7 L QO C C CO y Ly — C y ' O Q M .>. L7 �+ V] •y yN 'C.'En V .ov� m° � 03 N � � � y � � � �2f � � cn � 3 .. > o 0r� 0 r c o - Q Q d Cd .r N U r.� V] C 4 N 1 3 ' Q O X p 'b h d N N U " r C 4. N O ° ',' �. O N d 67 N _ O Ix L1, �y ... .Ly v� M [n C U U e U as c 0 3 N c .N a . ] b "' U ,e .] 8 ¢ S v c C7 o > �e � r,° = ffi o o 'o a°'i °o 7 .5 UFUaE O0 co C� a. amiiUxaUmaU u m u V V"1 r� 00 C\ O �•+ M 7 In �c r� 00 C� O �-+ N M 7 kn b � 00 C` O •-•� N M V1 0 r+= �'": �O �O �O �O �D I� l� I� l� I� (� l� l� n DD DD ao 00 00 0o w 00 00 00 C\ C) CN CN m Q` CN us � qvv v � .Tvvvav � vtvvvvvqTqtvvqtrvv 'T vvqT d . 00 00 00 00 Q` O O N 1n V•1 h 1n In cu o= OOOOO 0000000000000 000000 00000000 � 0 cog � 0 � 00 � � 00000000 9 00 27 L. i Town Engineer' s Annual Report for 2004 GENERAL Staff Staffing for the Town Engineering Department in 2004 consisted of three full time positions in town hall including, Dan Walker; Director of Engineering and Town Engineer, Creig Hebdon; Assistant Town Engineer, Kathryn Prybylski; Civil Engineer. The Town Engineer provides technical supervision to three staff positions located at the Public Works Facility including, Wayne Sincebaugh; Water and Sewer Maintenance Supervisor, Craig Ballard; Senior Engineering Technician, and Joseph Slater; Engineering Technician. The Engineering Department also had several student interns working part time in the Town Hall from Cornell University. The Town Clerk' s staff provides clerical support and provides contract administration assistance to the department. Town Hall Facility Management Joseph Hulbert, Maintenance Worker, is coordinating repairs and maintenance on the Town Hall facility. Maintenance work during the year included servicing of the heating and air conditioning systems and inspections and testing for the fire sprinkler system and fire alarm system. Records Management Engineering staff continued to work with existing record maps of the Town' s water and sewer systems and development of an electronic GIS record map. Mapping of the Town sewer mains and water mains has been substantially completed. The Engineering Staff worked with the Town Clerk and the Planning and Zoning staffs to complete implementation of the map storage system and database. Park and Open Space The Engineering staff coordinated with the Highway Department and Planning Department on the Hanna Pew Trail project. The land acquisition phase was completed during the year and construction layout of the trail was started. (The Tutalo park design was completed for the ball field, which meets little league design standards. A walking trail design was completed which will include an interpretive nature trail guide. Approvals for the rest room were received and construction of the earth work for the ball field was completed. t } TOWN ENGINEERS ANNUAL REPORT 2004 ' 1 West Hill Water Storage Tank The Capital Project for the one million gallon wire wound concrete water tank and 2000 feet of water main was constructed on the Eco-Village property, including controls and integration with the SCLIWC system was completed in 2004 . This capital improvement project provides additional water storage for the west hill area, which was served only by the 70-year-old Trumansburg Road 0 . 5 million-gallon storage tank. The storage provided by the new tank will allow the Town to drain the old tank for long overdue maintenance. South Hill Transmission Main and Bostwick Storage Tank A 12-inch Ductile Iron Pipe water main was constructed on south hill from the existing Danby Road water main to the existing Town water main at Buttermilk Falls . This 6, 300-foot water main provides SCLIWC water to the inlet valley and west hill areas of the Town, which have been served, by water purchased from the City of Ithaca. This project was substantially completed in 2003 and the final restoration and controls were completed in the spring of 2004 . This construction contract also included construction of a 200,000-gallon glass lined steel tank on Bostwick Road, along with 1 ,400 feet of 8 " Ductile Iron Pipe water main from Seven Mile Drive to the tank. This tank provides planned water storage for the inlet valley service area along with improving water pressure and fire flow to the area. Coy Glen Pump Station The Coy Glen water pump station is the third element of the water improvements that will allow the West hill to be served by water from Bolton Point. The construction contract for the project was awarded project was in October and construction of approximately 2400 feet of 12" water main was completed in December. The site work for the pump station was started in December 2003 and the contract for the pump station was completed in 2004 . Kings Way Water Improvement A design was completed to improve water pressure on the south end of Danby Road by constructing approximately 800 feet of water main on Kings Way. Construction of this improvement will be in 2005 under an agreement with the developer of the Westview project. Water System Mapping and Model The Engineering staff, including student interns, has continued to update the electronic database for the water system. This information will be used to update the Town-wide water system hydraulic model, and will be used to provide information to locate water mains in the field. These tools are important for effective maintenance of the water system . L:ITB preplFebruarylReportslTown Engineers Annual Report for 2004. doc Daniel R. Walker Page 5 2/2/05 TOWN ENGINEERS ANNUAL REPORT 2004 STORM WATER MANAGEMENT South Hill A watershed evaluation study was completed modeling the south hill area of the Town of Ithaca. This includes Ithaca College and College Circle development areas and drains to the Stone Quarry Road area, and eventually into the Elmira Road area of the City of Ithaca. Northeast Additional fieldwork was completed on the northeast area storm water management plan, being developed with the modeling of the watershed that includes Sapsucker Woods and drains into the Village of Cayuga Heights. `This area of the Town of Ithaca has experienced significant drainage problems and this study will result in recommendations for improvements. The fieldwork included survey work on Hanshaw Road. Small MS4 SPDES General Permit Compliance } The Town of Ithaca is required to comply with the NYSDEC SPDES General Permit for Storm t Water Discharges from Small Municipal Separate Storm Sewer Systems. The Town Engineers staff has been working with the Planning department to develop the Storm Water Management Plan for the Town of Ithaca. Activities that have been occurring include mapping and monitoring of storm sewer outfalls, monitoring of construction activities and training for the staff members . WATER PROJECTS Integrated Water System The Town, as a member of SCLIWC, continues to work cooperatively with the City of Ithaca and Cornell University to provide emergency back up water supplies. The Town Engineering staff completed the Engineering Report, design, and Construction Documents for the proposed Three Million Gallon SCLIWC East Hill Tank on Cornell University Hungerford Hill Road property. The five member municipalities of the Commission are finalizing approvals for this project. Terms for the •Easement have been negotiated with Cornell University and the project is scheduled for construction in 2005 . L:ITB preplFebruarylReportsl Town Engineers Annual Report for 2004. doc Daniel R. Walker Page 4 2/2/05 1 J TOWN ENGINEERS ANNUAL REPORT 2004 1 CORNELL UNIVERSITY PRECINCT EIGHT ATHLETIC FIELD The Town Engineering staff completed review of the storm water management system for the Cornell University Precinct 8 athletic fields on Game Farm Road . Construction of the fields began in the fall with construction of the storm water management system. The Town Engineering staff has been inspecting the site periodically to ensure compliwice with the approved site plan. SOUTHWOODS SUBDIVISION The Southwoods Subdivision on East King Road was approved in 1989 and construction was not started until the summer of 2003 . The Town Engineering staff has worked with the developer on the final design for the storm water management system, roadway and utilities . Water and sewer improvements for the second phase were inspected by Town staff and have been accepted as Town facilities . The Town Engineering staff has been monitoring storm water management and sediment and erosion control measures during construction. WESTVIEW SUBDIVISION The Engineering staff reviewed the Westview subdivision on Schickel Road and Danby road. The first phase of infrastructure construction was started in November of 2004 . The Developer and t Town have reached an agreement to partner in the construction of the Kings Way Water Improvement which will improve water pressure on the South end of Danby Road. EARTH FILL PERMITS Old Marshall Farm, Gravel Mine, Mecklenburg Rd. (Eddy) The Earth fill permit for the removal of Gravel from a portion of the Old Marshall Farm on State Route 79 was issued on October 25 , 2002 after the Zoning board gave approval and pre permit conditions j were addressed. No construction activity was started until November of 2003 . Town staff has been inspecting sediment and erosion control measures. During 2004 Four earth fill permits were issued. 138 Honness Lane, 250 CY for re-grading of yard Eddy Dale Farms, 250 CY sandy gravel for leveling area behind farm stand 138 Westhaven Road, 250 CY imported for site regarding j 229 Stone Quarry Road, drainage improvements and yard grading, 250 CY on site I , i L:ITB prepIFebruarylReportsITown Engineers Annual Report for 2004. doc Daniel R. Walker Page 3 212105 TOWN ENGINEERS ANNUAL REPORT 2004 Tompkins County Emergency Management Planning Committee The Town Engineer has continued to meet with the Tompkins County Emergency Management Planning Committee, which completed the Tompkins County Comprehensive Emergency Management Plan. The plan was developed with guidelines from the Federal Emergency Management Agency and includes provisions for coordination of response and recovery efforts to deal with major natural and man made emergencies or disasters. The plan provides guidance for preparedness, response and recovery policy and procedures. The committee is meeting monthly and includes representatives from County and Municipal Agencies, including the Ithaca Fire Department, TC Health Department, Cayuga Medical Center, Public Works Agencies and the American Red Cross. The Tompkins County Fire and EMS Service provide coordination. Town of Ithaca Emergency Management and Fire Protection The Town Engineering department is working with other Town staff in the process of updating the Town emergency response plan The Town of Ithaca has participated in training programs for Emergency Responsiveness in cooperation with SEMO, the County and the Ithaca Fire Department. DEVELOPMENT REVIEW ECOVILLAGE Engineering staff monitored sediment and erosion control measures as final home building was completed. LINDERMAN CREEK PHASE THREE Phase three, three buildings on the west side of the site, was started in November 2003 . The Town Engineering staff continued inspecting the site periodically to ensure compliance with the approved site plan. CORNELL UNIVERSITY PRECINCT NINE ATHLETIC FIELD The Town Engineering staff did extensive review of the storm water management system for the Cornell University Precinct 9 athletic field proposal . Construction of the fields began as fill was placed from various construction sites on the Cornell University Campus . The Town Engineering staff continued inspecting the site periodically to ensure compliance with the approved site plan. L:ITB preplFebruarylReportslTown Engineers Annual Report for 2004. doc Daniel R. Walker Page 2 212105 1 TOWN ENGINEERS ANNUAL REPORT 2004 SEWER PROJECTS Intermunicipal Sewer System The Intermunicipal Sewer Group includes the three existing partners in the Joint Sewer Subcommittee of the City of Ithaca, The Town of Ithaca, and The Town of Dryden, plus the three potential partners, which are the Village of Lansing, The Village of Cayuga Heights and the Town of Lansing . Implementation of the improvements to divert sewage flow from the Town of Ithaca out of the Cayuga Heights WWTP was started with a construction start on the Kline Road diversion project. Ithaca Area Waste Water Treatment Facility Phosphorus Removal Improvements The Phosphorus removal project at the Ithaca Area Waste Water Treatment Facility Contract Documents were completed and the project was put out to bid. Bids were accepted and final award of contracts was made in September. Construction started with a driven pile foundation system. Problems with the subsurface conditions resulted in a redesign of the foundation system, which resulted in about a 60 day delay. The project is proceeding on a revised schedule . Sanitary Sewer I & I Control Program The Town Engineer submitted a status report on the town ' s Infiltration and Inflow control progr ` to the SJS to be included in the annual report to NYSDEC . Interceptor Sewers The Town Engineer has reviewed project data and cost information provided by the City of Ithaca to evaluate the appropriate cost participation in the jointly used interceptor sewers. The First Street interceptor sewer will be the first project in the capital improvement program. West Hill Sewer System The Town Engineering staff completed the design for a sanitary sewer extension on Trumansburg Road, which has become part of the infrastructure to be constructed for the Overlook project. East Hill Plaza The Town of Ithaca sewer system serving the East Hill Plaza, has required cleaning several times each year due to significant grease buildup in the sewer lines. Town staff has identified the sewer owned by Cornell University serving the plaza as the source of the grease. Several restaurants and the P&C grocery are located in the plaza and are the probable source of the grease. The Town of Ithaca sewer j use law prohibits the discharge of grease in high volumes to the sewer system. Town Staff have continued to work with the Plaza management to have the owners install and properly operate effective grease traps to eliminate the problems. Several grease traps have been installed which has partially relieved the problems. L:ITB preplFebruarylReportsl Town Engineers Annual Report for 2004. doc Daniel R. 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O O z M N N O O O O O O O O O O 0 O O O ° A0 � vi 0 0 W) 0 0 0 vi o z F o !� r CO r V V) .--r M � r M 7 ON V G O M O N O� O. 1 �o C� O N M M N A W N 00 m 06 m a m 0. N a UJ a 0.. a = u = R] U O w Q QC/) 0 z in [ - F Network/Record Specialist 2004 Year End Report Website New additions to website : Parks and Recreation Local Laws and Ordinances Meeting Minutes 2005 Budget Job Opportunities Improved Forms page Stormwater and Transportation Plan Informational pages Network PC upgrades • New PCs for Planning , Engineering and Zoning staff • Refurbished PCs for interns , Town Clerk and Town Court areas Print and Copy upgrades • New leases/upgrades to a multifunctional Xerox printer/copier and color printer/copier. • New network Xerox printer/copier for Town Court office . General client/server maintenance including antivirus , spyware and operating system updates Continuing Education Received "A" grade for TC3 Fall Semester course work in Computer Hardware &Maintenance Workshops : • Drug Free Workplace • Harvard Business Series • Assertive Communication & Public Speaking • Get Beyond the Conflict . • Keeping Motivated and 'Charged • Multi-Generational Workplace Additional Items Power Point presentation on E-Government to Records Management Advisor Board Records Management Advisory Board member Supervisor's Advisory Committee member Member of New York Association of Local Government Record Officers Expectations for 2005 Continue to develop the VPN Complete Town Hall client migration from Windows NT to Window 2000 server Install new server at Town Hall TC3 Spring semester course on Network Design OF Ir TOWN OF ITHACA 18 2t- 4� 215 N ., Tioga Street, Ithaca, N .Y. 14850 www .town. ithaca.ny .us IL TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 To : Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Carolyn Grigorov, Councilperson William Lesser, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator 2004 Annual Report to Board Learning The 2003 Town Board created the position of recreation and youth coordinator. The job description describes work activities as , "A Recreation and Youth Coordinator is responsible for planning, organizing, implementing and administering all aspects of a recreation program for all ages and development programs for youth in the Town. The coordinator may be required to spend some time in a leadership role for a particular program or activity. Supervision may be exercised over the work of program staff, officials, and volunteers . The work is performed under the direct supervision of the Town Supervisor with leeway allowed for the use of independent judgment in carrying out work activities . Attendance at various boards and committees may be required. The incumbent will perform all related duties as required. " The position was created to address real needs of the Town given its commitment to meeting the recreational and human service needs of its constituents The Town has had many well-established methods for funding and implementing recreational and social programs for its citizens . Part of the position responsibilities has been to learn about these practices and the role in enhancing them. Although the position is new the Town has a long, well thought out method of providing services to constituents . The Town has actively implemented its Park, Recreation and Open Space Plan; it has contracted with the City of Ithaca and local human service agencies for recreational and youth development programs ; and enjoys positive relationships with these organizations . It is the responsibility of the position to understand and build on these relationships both within the Town, its committees and established structures such as the joint youth commission and recreation partnership. A "new" board, a new committee, and a new staff member created a real learning curve for all of us . People, places, activities, methods, resources and practices are all components that required learning about before any substantial implementation of program could occur. Both myself and committee members have actively engaged in the practice of education to determine effective, cost effective recreational program opportunities for the community. i Assessment & Planning After the position was filled the Recreation and Human Service committee actively committed to a process to obtain public input. The process began with a public meeting and presentation in June. The forum was well attended by the public, agency representatives and staff. The next two months were busy with formation of a questionnaire/survey that was sent to all households within the Town with the Fall newsletter. Information obtained from that process has undergone a formal statistical assessment by a graduate class at Cornell and is currently under review by the committee. The Committee formalized a mission statement, "The Mission of this Committee of the Town of Ithaca is to provide safe , interesting , recreational , educational opportunities and human services for all Town citizens . The Goal of these programs and activities is to support individual growth while building a sense of our community as a safe desirable place to live. Programs will be accessible to all neighborhoods , affordable and safe . Open to town residents . Community involvement will be sought." , and developed objectives of program development, outreach and evaluation. Goals and activities to meet these objectives are being set. Building My primary responsibilities for the past year have been to represent the recreation program at meetings with other departments , community organizations , and municipalities. This includes coordinating with the Joint Youth Commission and the county to develop youth enrichment programs . The Town, al the request of a constituent and in conjunction with Lifelong implemented a recreational senior softball opportunity to be continued this Spring. In addition to the survey sent with the newsletter two questionnaire efforts at Cass Park were completed with the assistance of student interns . A determination was made by the Joint Youth Commission to utilize the Town and my office to coordinate the youth employment effort and operate the town funded youth job program. As the Recreation and Human Services committee determiners priorities in difficult fiscal times resourcefulness will be required to facilitate service delivery. It' s an exciting and challenging time. 2004 Annual Report of the Town Historian, Town of Ithaca Prepared by Laura W. Johnson-Kelly, Town Historian 2004 Summary Personnel involved in the activities of the Town Historian in calendar year 2004 included Laura W. Johnson-Kelly, Town Historian, David George, volunteer Assistant (or Deputy) Town Historian, '' and Phyllis ,McNeill , town resident/volunteer. Although this was the first year for Laura Johnson-Kelly and for David George in these positions, Mrs . McNeill has been very active with the local municipal historians group for many years, and authored the chapter on the Town of Ithaca for the book Place Names of Tompkins County, published in 2004 . Accomplishments by the Historian during 2004 included active and regular participation in the Tompkins County municipal historians group each month as well as regular participation on the Town Recreation and Human Services Committee . Because of the start-up nature of this first (partial) year in office, a great deal of time was spent assessing local history resources, including visits to the History Center, reading, and on- line research. Responses were also made to town residents desiring information about local history. Most of these requests involved the underground railroad, a trend noted by other historians within the county. One area of research concentrated on Tutelo Park, which is planned to be a focus of activity for 2005 . 2005 Plans and Aims This year promises to be a busy one for the Historian. In addition to a pronounced increase in size and scope of the annual autumn events at Tutelo Park, which will involve the coordinated efforts of several Town resources as well as local Native American and other groups, plans are in place to work on new exhibits for Town Hall, to draft informational brochures about Town history, and to begin a series of newspaper articles about Town history. The Historian also plans to promote local history by participating in the newly-forming Ithaca chapter of the New York State Archaeological Association (NYSAA) . BARNEY , GROSSMAN , DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST Barney SUITE 400 Facsimile Peter G . Grossman 119 EAST SENECA STREET (607) 272-6806 David A. Dubow ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS ) Randall 8 . Marcus Jonathan A. Orkin (607 ) 273-6841 Kevin A . Jones February 1 , 2005 Honorable Catherine Valentino and Members of the Town Board of the Town of Ithaca Ladies & Gentlemen: In lieu of a formal annual report and as a summary of matters that are more fully detailed in the itemized bill we send to you each quarter, attached is an abbreviated list of the Town of Ithaca projects we completed or worked done for you during the course of the year 2004 . I want to take this opportunity to thank you for allowing us to work with you on these various projects . The breadth, variety, and intellectual challenge of dealing with the many different aspects of the Town government is exciting and enjoyable . We thank you for allowing us to be a part of the many good things that you do for the Town, its residents, and the citizens of the greater Tompkins County community. Sin ely yours, JCB : sls Attachment r:.J i Abbreviated List of Town of Ithaca Projects Completed or Worked on by Barney, Grossman, Dubow & Marcus During the year 2004 Extensive drafting of public hearing notifications, proposed public interest orders and bonding resolutions, estoppel notices, and other documentation pertaining to several water and sewer projects including 2004 South Hill Water Main Improvement, Kings Way Water Improvement, West Hill Tank; and Joint Sewer Interceptor Agreement; extensive advising on same; assist in obtaining property titles, easements, and related documentation for same; assist in bidding authorization process; Extensive work, negotiation, advising and drafting on Overlook at West Hill project including local law, resolutions, deed restrictions, income limitation provisions, and related items; Successfully defend Town in Article 78 proceeding brought by Mr. & Mrs. Byrne challenging the granting of subdivision, rezoning and site plan approval of Overlook at West Hill including extensive research, preparation of record, extensive drafting and revising of responsive papers and brief, and arguing of two motions before Justice Mulvey; Prosecution on behalf of the Town of various violations of laws enforced by Town; Assist in obtaining bond anticipation note for Public Works Facility financing; draft, revise, and close on BAN financing for Public Works Facility; provide Town with required bonding opinion on BAN; Assist in obtaining bond anticipation note for West Hill Tank water project financing; draft, revise, and close on BAN financing for West Hill Tank; provide Town with required bonding opinion on BAN; Assist in obtaining bond anticipation note for South Hill Water Main project; draft, revise, and close on BAN; provide Town with required bonding opinion on BAN; Assist in obtaining serial bond for Bostwick Road water project; draft, revise, and close on serial bond; provide Town with 'required bonding opinion on serial bond; Advise and consult extensively with Town officials on various intermunicipal sewer matters and proposed sewer agreements including processes for approval of same; draft various materials related to same including public interest orders, notices of hearings, abstracts of resolutions for publication; prepare materials to authorize increase in costs in phosphorus removal project; Advise and consult extensively with Town officials on various intermunicipal water matters including arrangements with Souther Cayuga Lake Intermunicipal Water Commission and expansion of the SCLIWC plant and the handling of the East Hill Water Tank and main; irk r Work on codification project including review of draft of code prepared by General Code publishers; consult and advise with various Town officials on same; drafting local law adopting Code; assisting Town officials in completing codification process and incorporation of zoning ordinance into Code; Work on various easements for various projects including Emerson water easement, Frandsen access easement; EcoVillage water main easements; Prepare several amendments to the Traffic portions of the Town Code; Extensive work on the Glenside subdivision including title review and closing on the acquisition of the Glenside Park and related work; Extensive work on the Mountin subdivison including assisting on manner of taking title to Helens Way, easement for park access; title review and closing on road and parkland, and related work : Draft sign law amendments to conform regulations for political signs with case law requirements; Advise and consult on various personnel matters; Extensive discussions, consultations, review and drafting on Holly Creek project including deed restrictions, cross easements, and similar documents; negotiate on same with Mr. Auble ' s attorney; assist Town officials with reference to same; Extensive review, advise, and drafting on Country Inn and Suites project including discussions regarding size of project, possible extension of time to comply with old zoning ordinance provisions; Extensive review and consultations on EcoVillage legal structure and cross-easements; Work on materials related to 3 `d phase of Linderman Creek project; Advise on various aspects of many other matters to come before the Town, including the Cornell Remington project, La Tourelle Spa, Cayuga Medical Center, and others; Prepare and/or review approximately 15 local laws and ordinances including ordinces on watercraft regulation, tax exemptions, water rate adjustments, and others; Review, revise, sometimes prepare, miscellaneous contracts such as Memorandum of Understanding with the City, etc. Prepare numerous proposed resolutions on a variety of matters for the Town Board; assist in preparation of several resolutions for Planning Board and Board of Zoning Appeals; Prepare for and attend approximately 15 Town Board meetings Prepare for and attend approximately 20 Planning Board meetings Prepare for and attend approximately 10 Zoning Board of Appeals meetings Prepare for and attend approximately 30 Supervisor' s Advisory Committee meetings Extensive advice on various other miscellaneous matters to Town Supervisor, Director of Engineering, Director of Planning, Director of Building and Zoning, Town Clerk, Human Resources, and other Town officers and staff including laws, SEQR issues, subdivision issues, code enforcement issues and various other matters TOWN OF ITHACA Highway Department' s Monthly Board Report January 2005 for the February 7, 2005 Meeting I Road Work January is Christmas tree pickup month. We usually try to pick them up as they come out so that they do not get plowed in to the ditches and buried in the snow banks . This year with all the snow in January we did not get to pick up as many (or all) as we wanted to, but we will continue to pick them up as we get time . More snow than normal fell in January, which means our plow crews worked many long hours. (The average amount of snow for January in Ithaca is 15"; So far this month, we have had 37" .) Fixing mailboxes comes along with plowing snow. When the snow piles up like it did in January, we then need to go back out to clean up the intersections around town so that when we do have a thaw, water will run into our drainage systems . Also, it is hard for cars to see around the large mounds of snow at the intersections. We continued mixing our additive to the road salt as supplies get low. The Highway crews also performed our annual reflectively check, at night, on our street signs so that e could replace any that had faded during the year . All faded signs have now been replaced . rks Work e continue to experience trashing and various damages at Troy Park on an almost daily basis . During the winter months, people continue to use our parks for their daily walks, to walk their dogs, for cross-country skiing, and other forms of recreation. Consequently, we keep the walkways, trails, parks' parking lots, and pump station access roads clear of snow. Regular site checks continue to keep trash picked up and deal with any problems that arise, like fallen trees . Water and Sewer Work We had several water main breaks that were made more difficult to fix due to the very cold conditions. On one water main break, the pumps we used continually froze up while we were using them . We straightened out our water parts inventory and equipment to make sure that we could find everything when we needed it and to re-stock parts that were used . We spent a fair amount of time testing our generators and hook ups at each pump station around Town. As we did this, we prepared a Stand Operating Procedure (SOP) manual for use by our employees. We will need to have training on the use of these generators , e cleaned out valve boxes around the Town. e had a couple of sewer blockages that we needed to send the sewer vacuum and jet rodder out to clean the lines . One was on Route 89, one at Eco-Village, and one at Siena Drive . We constructed a concrete pad at Bolton Point for their new electric generator, and as-built drawin for the new South Hill water main extension were worked on. Buildings and Grounds Maintenance Joe has been trying to keep up with all the minor repairs on our buildings; also assisting in inspections on the fire alarms and sprinkler systems . February Projects 1 . Snow removal as necessary, including clearing of excess snow that has built up in various places. 21 Cleaning ditches . 3 . Tree and brush trimming. 4 . Sign work. 5 . Water and Sewer repairs as necessary . 6. Safety Training. 7. Begin bird nesting box maintenance . 8 . Construction on panels for the board tables in the Board Room . ghk I 2005 TAX COLLECTION 11 RECEIVER OF TAXES ';MONTHLY REPORT AS OF JANUARY 31 , 2005 TOTAL NO. IOF TAX BILLS ON WARRANT : 5146 TOTAL TOWN WARRANT (LEVY) 4 949665962 9 ( ) „ $ 5 01/21/05 IT PAYMENT : TOWN OF ITHACA SUPERVISOR $ 2 , 355 , 152 . 59 01/27/05 FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR $ 21612,213 . 03 02/07/05 REPAYMENT TO RECEIVER'', OF TAXES (OVERPAID) $ ( 12 ,700 .00) TOTAL WARRANT BALANCE DUE , $ 00000 MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: II 01 /31/05 JANUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 11194 . 67 02/28/05 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN JUNE) $ 01000 ,000 . 00 03/31/05 MARCH PENALTIES (PAID TO SUPERVISOR IN JUNE) $ 090005000 . 00 04/30/05 APRIL PENALTIES AND $2 . 00 SERVICE CHARGES (PAID TO SUPERVISOR; IN JUNE) $ 0 ,000 ,000 .00 05/31/05 MAY PENALTIES AND $2 . 00p SERVICE CHARGES (PAID TO SUPERVISOR, IN JUNE) $ 01000,000 .00 TAL TOMPKINS COUNTY WAR RANT , $ 791489817.69 01 /05 1ST PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 0,0001000 .00 m01105 2ND PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 01000 . 000 .00 01101105 3RD PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 00000.00 01101105 4TH PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 09000 .000 . 00 01 /01 /05 5' PAYMENT : TOMPKINS COUNTY BUDGET/FINANCE $ 0100000 . 00 01101105 6TH PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 01000. 000. 00 BALANCE DUE TOMPKINS COUNTY WARRANT : 7148 817.69 MISCELLANEOUS PAYMENTS TO TOMPKINS COUNTY BUDGET/FINANCE: 02/28/05 FEBRUARY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 009000. 00 03/31/05 MARCH INTEREST RECEIVER ' S R ' S CHECKING ACCOUNT $ 050009000 .00 04/30/05 APRIL INTEREST RECEIVER ' S CHECKING ACCOUNT $ 0 ,000 ,000 .00 05/31 /05 MAY INTEREST RECEIVER ' S CHECKING ACCOUNT $ 09000,000.00 " Y w W W 2 U Z J J z O W W d LL Q Z LL,< �� V) 0 o� O , L, z, � m F- OO v00 Q F- w F- OU) U) o � 00 U p ww z z o� W ZI _ (n U) U) LL Z)D L . 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MrNNvv NNCflCON qt LnNN LA M CO T Re N N 69 69 69 69 69 69 69 69ER69E!3 69 69 69 69 69 69 69 69 69 69 63 4411 64 69 H2bF? 6'} J J D z w 0 w LL F- zz io Cn =O Z z } LL OF- W W U Q W < 0 N ~ ~ M NW ctLf� LLCOC') � 2 N 005 � a U) U) M N N Z N 0 N f- NNzZQ � Jw J ';t 00 J W I- J J LL J J W J z W NN 0 m CO cc cc Q � U. Z Z m Z Z Z Z LL Z cr LL Z w w Y N w LL QYLLcr zcr (ncr Q (nLLF-- 3: U Q W OJJOi° Um0000E- OWMgll � UF- 0 W F- N � � � COM y � � F (75 C\jN N � Y (n � � � W WF- Z � � F_ pF- O ~ � N � '— z0F= 00Z LL zZ ~ » v� QQcncnzC/) acn QLLCnm � � 0 3 w 000mmZ) 00DOw0mmmmmWOLL LL a z 002 22 aLL LL ZLLaLLLLOLLLLLL LLLLLL OdF. �. F- F- >0 W W WcncnQW W W W W WCnCnCnCn (nW WLL LL 0 0 oa4 � w0ZZ � 00m0m0ZZzZZ (COWwI . F- dda OF 171 February 7 ,, 2005 Town Board Meeting ATTACHMENT # 11 ITHACA TOWN COURT 1821 - DAVID L . KLEIN, JUSTICE 215 N. Tioga Street, Ithaca, N. Y. 14850 www . town . ithacamy.us Cindy L. Vicedomini Phone: 607-273-0493 Court Clerk Fax 607-275-0728 February 2, 2005 Annual Report for David L. Klein - Town of Ithaca Court II for 2004 Cases : Number of cases closed 1684 Number of cases open 2250 Arraignments for other courts 29 Charges transferred to County Court 3 Total cases 3966 Fines and Fees : Criminal, Motor Vehicle $ 83 ,970 . 00 Surcharges 51 ,425 . 00 Civil, Cert. of Dispo . , Small Claims Court 295 , 00 Bail Poundage 7 , 50 Sent to State Comptroller,, $ 138 ,022 . 00 (actual) Bail Received : $ 55400, 00 NOTE : Dollars are calculated for fines, surcharges, civil, etc. assessed, not amount collected. Additional Activities : Probation given; Bench "Trials held; preparation for Jury Trials ; Arraignments held; Dismissals granted; Bail Monies returned; Motion Hearings held; Weddings conducted; Arrest Warrants issued; Search Warrants issued; Orders of Protection issued; Conditional Discharges given; Small Claim Court Trials held; Certificates of Disposition issued; Restitution monies provided to victims; Commitments for Imprisonment issued; Eviction Proceedings and Hearings held; Former Judge Wallenbeck's cases researched, bail monies returned and restitution monies paid to victims , Respectfully submitted, DAVID L, KLEIN Town Justice H :\AnnualReports\AnnualReport2004 Agenda TOWN OF ITHACA COURT CLARENCE LARHIN, TOWN JUSTICE 215 N. TIOGA STREET ITHACA, NY 14850 January 5 , 2005 RE : YEARLY REPORT TOWN OF ITHACA COURT CLARENCE LARKIN, JUSTICE WILLIAM BURIN, INTERIM TOWN JUSTICE Activity for Justice Larkin ' s part of the Town of Ithaca Court for 2004 is as follows : Number of cases closed : 1032 Number of Cases opened : 1637 Arraignments for other Courts 9 Charges Transferred to T . C . County 10 Pending Cases — (Includes Scofflaws) 1526 Judge Wallenbeck ' s Scofflaws 272 FINES AND FEES Criminal, Motor Vehicle $ 733035 . 00 NYS Surcharges 35 ,455 . 00 Civil Charges 31393 . 50 Bail Poundage 91 . 50 TOTAL REMITTED TO TOWN OF ITHACA $ 111 , 975 . 00 Bail Received? $ 255875 . 00 Bail Forfeited _0- ADDITIONAL ACTIVITIES Arrest warrants and Bench warrants issued; search warrants issued; orders of protections ' issued ; conditional discharges ; probation inquiries and documentation ; jail terms ; bench trials ; jury trials ; motion hearings ; felony preliminary hearings held; small claims trials ; summary proceedings and warrants of evictions ; arraignments for other courts ; certificates of dispositions ; Cayuga Heights cases where Judge recused himself, case researching; processing of scofflaws ; decisions written; legal research, pre trial hearings , annual budget processes, implementing on-line access to various web sites and implemented Windows Version of Court program . Res ectfu submitted, William Burin, Interim Town Justice S c0 0 5 W cu U N U N Y O w , oR N� 000O O co qq Ot M ti � (0 0 i. ., O O U N CL ` ' N O o->s N C L 0 N I O co M ? m U ^ r (0 (0 N 0) LO + as r OrN 5 8 U O M O 4� H M C O "O Nlnrrd' I� 7 � N CDtt � O (0OD C to LO LO LO CO 00 U) Q) NNNMMM � C N 3 U) O c � � O 0 2 CZ C O O T T°O T ° \ °oo oo o "-M) 0 cn _ 'O qt O N�W 0 r CD CD \ ,[ C Y (LS N C N (Z U i 4 ' Y O Q k _ C cz Y N N N N O c ca cn 4) ^ ` O O U a �✓ m t v- — 00 .� � co (� w NNd• NNm d NY ,.. m U c NMN) LnMNB N r cn O NN' •C N c c N d O O ^ 1 C W %&0% •Q\O \O \ \ \ N + 1�O 3 O i (o V o OOOOOOt1) Mtt c 75 N � 0- V U) }' � Y N UY C O N �+ U C -7 3 I- T C AU O Q Q O LO LO O N co CO d N N l M Y «n O) d O N F N — N i (z C r-+ Y co c :3 0 o .00 U Y C C •a (O m O 0 LO N (� A � O � � O N O C MNNNMCD � � CY) U U N N N N N T T , wo Q ID Co a. _ O C nY 4) a U) U C N U)00 •- NMtt cn V co 0 N N N N N p N O >• co 0 U N February 7 , 2005 Town Board Meeting ATTQ,�C�H�NI�ET # 12 January 31 , 2005 Catherine Valentino , Town Supervisor Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Re: Conifer Village Ithaca Senior Living Community Conifer Drive Ithaca, New York 14850 2005 NYS DHCR Unified Funding Application Dear Supervisor Valentino : Better Housing for Tompkins County and Conifer Realty, LLC will be submitting a financing application to the New York State Division of Housing and Community Renewal (DHCR) for an allocation of Low Income Housing +Tax Credits ("LIHC") and New York State Low Income Housing Tax Credits ("SLIHC") to develop the proposed Conifer Village Ithaca Senior Living Community. The development will consist of 72 apartments for seniors 55 years of age and older. The financing and rents are established to make the 50% of the units affordable to households with incomes at or below 60% of the area median income and 50% of the units affordable to households with incomes at or below 90% of the area median income. We ask for a letter of support from you and a resolution of support from the Planning Board regarding Conifer Village Ithaca Senior Living Community to include as part of the application we are submitting to DHCR for funding consideration in February 2005 . Enclosed is a form letter addressed!' to Judith Calogero, Commissioner of DHCR for your use. If you are in support of this project please" forward your letter of support to Commissioner and provide me with a copy. If you have any questions or comments , please feel free to call me at (585) 324-0521 . Thank you for your interest and consideration . !' Sincerely, Carol U. Oster Project Director enclosures February XX, 2005 Judith Calogero, Commissioner NYS Division of Housing & Community Renewal Hampton Plaza 38-40 State Street Albany, NY 12207 RE: Conifer Realty, LLC Conifer Village Ithaca Senior Living Community Conifer Drive Ithaca, New York 14850 NYS DHCR Unified Funding 2005 Application Dear Ms . Calogero: It is with great pleasure and enthusiasm that I write to you in support of Conifer Village Ithaca Senior Living Community' s financing application to the New York State Division of Housing and Community Renewal (DHCR) for Low Income Housing Tax Credits ("LIHC") and New York State Low Income Housing Tax Credits ("SLIHC") . Conifer Village Ithaca will fill a portion of the need for quality affordable housing in the area. The requested tax credits will allow Conifer to offer the 72 senior rental units to households with 36 (50%) of the units affordable to households at or below 60% of the area median income and 36 (50%) of the units affordable to households with incomes at or below 90% of the area median income. On behalf of Conifer and the households this affordable, high quality rental project will directly benefit, I respectfully request that you give Conifer' s request for funding the Conifer Village Ithaca Senior Apartments your utmost consideration . Thank you for your attention to this matter. Sincerely, Name/Title CC: Carol Oster, Conifer Realty i I