The URL can be used to link to this page

Home My WebLink AboutTB Minutes 2006-03-13Regular Meeting of the Ithaca Town Board Monday, March 13, 2006 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 1. Call to Order 2. Pledge of Allegiance 3. Report of Tompkins County Legislature - Dooley Kiefer 4. Report of City of Ithaca Common Council 5. Report of Fire Commission 6. Report from Town Historian 7. 6:00 p.m. - Persons to be Heard and Board Comments 8. Supervisor's State of the Town Address 9. Consider Setting a Public Hearing to Consider Adoption of a Local Law to Rezone Certain Lands Along and West of Taughannock Boulevard from Low Density Residential to Conservation Zone 10. 7:00 p.m. - Public Hearing regarding A Local Law Amending Chapter 230 of the Town of Ithaca Code, Titled "Streets and Sidewalks", to Establish Town's Assumption of Ownership, Maintenance and Liability for Hanshaw Road Walkway 11. Consider Adoption of a Local Law Amending Chapter 230 of the Town of Ithaca Code, Titled "Streets And Sidewalks", to Establish Town's Assumption of Ownership, Maintenance and Liability for Hanshaw Road Walkway 12. 7:15 p.m. - Public Hearing regarding A Local Law Amending the Code of The Town of Ithaca to Add a New Chapter 18 Governing the Creation and Appointment of Citizen and Staff Advisory Committees for the Town of Ithaca 13. Consider Adoption of A Local Law Amending the Code of The Town of Ithaca to Add a New Chapter 18 Governing the Creation and Appointment of Citizen and Staff Advisory Committees for the Town of Ithaca 14. Consider Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Loader 15. Consider Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Bulldozer 16. Consider Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Sewer Vacuum 17. Consider Update to Purchase of Agriculture Conservation Easement Target Areas Map n 18. Consider Authorization for Town Staff to Proceed with Appraisal Services for Two j ! Potential Purchase of Agricultural Conservation Easements 19. Consider Authorization for Construction of a Chimney Swift Tower Near Pew Trail 20. Consider Appointment of Local Advisory Board of Assessment Review 21. Consider Speed Limit Reduction Request for Game Farm Road 22. Consider Adoption of the Tompkins County Hazard Mitigation Plan 23. Consider Approval of Park Names 24. Consider Resolution Endorsing Paper Based Optical Scan Voting Machines 25. Consider Resolution of Condolence 26. Discussion of the Draft Board Protocol and Procedures Manual 27. Consider Letter of Engagement for Additional Legal Services 28. Consider Executive Session regarding proposed litigation regarding Lakeside I Nursing Home and Bankruptcy ' 29. Consider Appointment of Civil Engineer 30. Consent Agenda a. Town of Ithaca Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Consider Approval of Records Disposition 31. Report of Town Committees a. Agriculture Committee b. Agricultural Land Preservation Committee c. Board Policy and Protocol d. Capital Projects and Fiscal Planning Committee e. Codes and Ordinances Committee f. Ethics Committee g. Personnel Committee h. Public Works Committee i. Recreation and Human Services Committee - Discussion j. Records Management Advisory Board k. Safety Committee I. Transportation Committee P 32. Intermunicipal Organizations a. Cayuga Lake Watershed Intermunicipal Organization b. City/Town Trail Committee 0. Joint Youth Commission d. Lake Source Data Sharing e. Pegasus Oversight Committee f. Recreation Partnership g. Special Joint Committee (Sewer) h. Southern Cayuga Lake Intermunicipal Water Commission 1. SPCA monthly report for January 2006 33. Report of Town Officials a. Town Clerk b. Highway Superintendent c. Director of Engineering d. Director of Planning e. Budget Officer f. Manager of Human Resources g. Network/Records Specialist h. Recreation and Youth Coordinator i. Attorney for the Town j. Receiver of Taxes 34. Review of Correspondence a. 1/1/06 letter from Senator Schumer re 2006 Save America's Treasure's Grant Program b. 2/6/06 letter from M. Russell re Eruv within the Town of Ithaca c. 2/13/06 memo from H. Filiberto, Tompkins County Department of Planning, re GML 239 Review d. 2/15/06 letter from Selective Service re insurance e. 2/16/06 letter to Michelle Bailey f. 2/17/06 email from B. Hutchins re Hanshaw Road Reconstruction Project g. 2/21/06 letter from P. Porter re problems on Coddington Rd., Pennsylvania Ave., and Kendal Ave. caused by students h. 2/26/06 letter from Time Warner re changes to service i. 2/28/06 letter from H. Vance re new apartments on Pennsylvania Ave. March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Regular Meeting of the Ithaca Town Board Monday, March 13, 2006 at 5:30 p.m. 215 North Tloga Street, Ithaca, New York THOSE PRESENT: Supervisor Valentino; Councilman Burbank; Councilman Engman; Councilman Stein; Councilman Cowie; Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Dan Walker, Town Engineer; Fred Noteboom, Highway Superintendent; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager; Susan Brock, Attorney for the Town. EXCUSED: Councilwoman Gittelman OTHERS PRESENT: Holly Vance, 115 Pennsylvania Avenue; Nancy Falconer, 133 Giles Street; Rob Levitsky, 102 Juniper Street; Dick Ruswick; 401 East State Street CALL TO ORDER: The meeting was called to order at 5:30 p.m. and Supervisor Valentino led the assemblage in the Pledge of Allegiance. Agenda Item No. 3 - Report from the Tompklns Countv Legislature Dooley Kiefer appeared before the Board on behalf of the Tompkins County Legislature and reported as follows: There are a number of new Legislators and committees are bringing people up to speed. Ms. Kiefer did not have any public things to share yet. There were, however, things on the Town's agenda that she wanted to comment on. Ms. Kiefer stated she was appreciative of the clarity with which the Town has taken a position on the Hanshaw Road walkway. She reported that the Village of Cayuga Heights has invited John Lampman to attend their next Trustees' meeting where he will be making a presentation regarding the reconstruction project. Ms. Kiefer was glad to see that the chimney swift tower was moving forward. She distributed copies of an article regarding HAVA and commented that the Legislature had taken a stand on the equipment a year ago. Since the decision is left up to the Commissioners of the two parties at the County level to decide things it does not seem to matter much what counties and towns think. Ms. Kiefer asked if it was true that individuals need to get a variance for stand-alone solar panels. Ms. Brock told her that she knew there was a recent proposal to install one on the ground. There is no provision in the Town's Zoning for accessory structures; there are provisions in the code for accessory buildings. They could not find anything in the code that permitted the solar panel without issuance of a variance; an area variance will be required. Ms. Brock told her the issue would be brought to the Codes and Ordinances Committee, which is meeting on Wednesday. March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Councilman Burbank asked Ms. Kiefer to give him her sense of where the decision making process on the voting machines stands. Ms. Kiefer reported that the State Legislature gave |1 decision-making authority to the Election Commissioners in each county. No machines are ' ' certified yet for New York State. If the Election Commissioners don't agree it goes back to the State Board of Elections and they will tell the County which one to buy. Ms. Kiefer stated it was not a good situation. Agenda Item No. 4 - Report of Common Council Robin Korherr appeared before the Board on behalf of Common Council and reported as follows: Ms. Korherr welcomed the new Town Board members and stated she looked forward to working with them in the future. The IDA Downtown Density Policy came before Common Council at their March meeting. It was returned to committee to see if a few minor recommendations could be incorporated to enhance it. Common Council approved the Southwest Vision Statement. It is an exciting opportunity for some new development. The City is at the stage of accepting RFPs for development opportunities at Inlet Island. rn I I They had some eye-opening discussions at Community and Neighborhood Services ' Committee with a group of teens that were gathered to describe what it is like to be a youth of color in our community. Much of what they heard was very disturbing. It addressed issues within the Ithaca City School District classrooms and treatment of intimidation on the Commons. There was a list of different issues that we brought to the committee's attention. Council unanimously supported working with the Ithaca City School District to try to minimize the effects of racism on the community's youth. Supervisor Valentino felt it would be important for the Town to be included in these discussions stating that approximately 50% of the students in the Ithaca High School are from the Town of Ithaca. She asked that Ms. Korherr convey that back to the group. Common Council voted to create a three-month subcommittee that will review the operations of taxi businesses. Ms. Korherr recalled that the Town had expressed interest in coordinating efforts with the City on this issue and she has spoken with Ms. Leary over the phone. They are looking at two working sessions and hoping the effort will be done by the end of April. Ms. Korherr stated she and the City would appreciate it if a Town person could help with the effort. Councilwoman Leary agreed to provide assistance Agenda item No. 5 - Report of Fire Commission The Fire Commission did not meet last month and there was no report from them. Agenda item No. 6 - Report from Town Historian March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Laura Johnson-Kelly appeared to briefly summarize the annual report she submitted to the Board at the February meeting and to answer any questions. She spoke about the grant funded history project currently underway, the work being done in preparation for the opening of Tutelo Park, and the newly formed History Committee. Ms. Johnson-Kelly asked for questions and invited direction from the Board. Mr. Burbank expressed an interest in the history of the Town's various neighborhoods. Agenda item No. 9 - Consider Setting a Public Hearing to Consider Adoption of a Local Law to Rezone Certain Lands Along and West of Taughannock Boulevard from Low Density Residential to Conservation Zone (Attachment #1 - proposed local law and map) IB RESOLUTION NO. 2006-056 : Resolution Setting a Public Hearing to Consider a Local Law Amending Chapter 270 of the Town of Ithaca Code. Titled "Zoning", and the Official Zoning Map to Rezone Certain Lands Along and West of Taughannock Boulevard from Low Density Residential Zone to Conservation Zone RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 10th day of April 2006, at 7:00p.m. for the purpose of considering a proposed local law amending the Code of the Town of Ithaca to rezone certain lands along and west of Taughannock Boulevard from Low Density Residential to Conservation Zone; and it is further RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Supervisor Valentino SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 14 - Consider Approval of the Specifications and Authorization to Solicit Bids for the Purchase of a Loader TB RESOLUTION NO. 2006-057 : Approval of Specifications and Authorization to Soiicit Bids for the Purchase of a New 4-Wheel Drive Loader WHEREAS, the Town of Ithaca Public Works Department has discussed with the Public Works Committee the need for a new 4-Wheel Drive Loader, and March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, the money is available from the regular expense accounts (A7110.201, DB5130.200, F8340.200, G8120.200), and now therefore be it; RESOLVED, that on the recommendation of the Highway Superintendent and the Public Works Committee, the specifications for a new 4-Wheel Drive Loader are approved, and further RESOLVED, that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a new 4-Wheel Drive Loader. MOVED: Councilman Stein SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 15 - Consider Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Bulldozer IB RESOLUTION NO. 2006-058: Approval of Specifications and Authorization to Solicit Bids for the Purchase of a New Crawler Dozer WHEREAS, the Town of Ithaca Public Works Department has discussed with the Public Works Committee the need for a new Crawler Dozer, 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 new Crawler Dozer are approved, and further RESOLVED, that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a new Crawler Dozer. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 16 - Consider Approval of Specifications and Authorization to Solicit Bids for the Purchase of a Sewer Vacuum TB RESOLUTION NO. 2006-059: Approval of Specifications and Authorization to Solicit Bids for the Purchase of a New Trailer Mounted Vacuum n n March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, the Town of Ithaca Public Works Department has discussed with the Public Works Committee the need for a new Trailer Mounted Vacuum, and WHEREAS, the money is available from the regular expense account (G8120.200), and now therefore be it; RESOLVED, that on the recommendation of the Highway Superintendent and the Public Works Committee, the specifications for a new Trailer Mounted Vacuum are approved, and further RESOLVED, that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a new Trailer Mounted Vacuum. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 7 - Persons to be Heard and Board Comments Supervisor Valentino invited those members of the audience present to address the Board to come forward. Patty Porter, 104 Juniper Drive (Attachment #2 - Petition) Ms. Porter gave the Board a petition from the Citizens to Restore Tranquility to Our Neighborhoods and a summary of issues that are occurring in her neighborhood n South Hill. What you're looking at here is South Hill. The Town line is here. You see Kendal Avenue, Pennsylvania Avenue, Coddington Road, Juniper Drive, Pineview Terrace, and Hickory Place. Over here is Ithaca College. The properties that are marked in green represent the people who signed this petition. There were 60 some people; 60 some houses, not husbands and wives, but 60 houses that are represented. Most of the ones that are not colored in are rental properties. We were pretty thorough. There were some people that weren't home. We couldn't get them, they weren't available to sign, but what you are looking at is a pretty high density of rental properties and I would say about 80% of those are student rental properties. The point of the problem is that you have an over density of very young people living in rental properties, trashing the neighborhood. The people who agreed to come are going to speak to the issues that you have in your hand. The first issue that I want to speak to is that on nights when there are really dense parties and we've called the SherifFs Department, and they are very responsive. This is not a complaint about the Sheriff's Department per se. Although they have only 3 deputies and when they come to a party at night and there as many 2,000 student partying on Pennsylvania Avenue and Kendal Avenue no vehicles can get through. If they make an arrest in the beginning of the street, two people have to take that person wherever they take that person and the person who remains can't March 13,2006 Regular Town Board Meeting Approved April 10, 2006 do anything until they return. People who live on that street, when I canvassed them, continually complained they can't either get In or get out at times during these parties. So they feel captive In their own neighborhood. If ever there needed to be an emergency | ' vehicle, an ambulance, at this high-density time, I'm not sure how they would get through to the end of the street. Many of the people that I talked to were elderly, they've lived with this for years and years. They've told me they've complained multiple times. Perhaps not to this Board, but to other Boards, or to the Sheriffs Department. And nothing seems to get done. The Sheriff will come, they'll break up a party. Generally the fines that are there are so small that It's not a deterrent. I talked to Peter Mesklll this afternoon, he said the best deterrent they have Is to tow cars when they are parked In the no parking zones and that's a more substantial fines and consequence. Although I was told by many of the neighbors that the students remove the parking signs. The just literally get In their with all their muscle and pull them out of the ground. So then they've created a parking space for themselves during the party. It's not a good situation. I don't think any one organization or government thing can solve this problem. I really think we need to get together with the People at IC. I think we need to write a better noise ordinance, a disorderly conduct ordinance, we need fines that are prohibitive. We need to work with Judges who will take these things seriously and not throw them out of court, as I've heard has happened. I really think you should consider a moratorium on any building permits for any houses that are not owner occupied. The density here Is Just Intense. There's one family of lacovelll brothers. They contact the elderly people, they buy their houses, they make agreements that they can live In their houses until they die and when they die the houses automatically become a rental property. We wrote this petition In the hopes that the lacovelH's would sign It and they refused. We thought nothing In that p—^ would cause dire consequences to them as landlords. Even though they say they want to be | i good neighbors, we had them to our house for one of the meetings, I don't see that they really are good neighbors. So I would hope you would not give any more building permits for rental properties and that you'd re-examine how many unrelated people can live In the rental properties that are there because the density Is not doing anybody any good. Thank you for hearing me. Martha L. Smith, 101 Juniper Drive Along with Patty I am very concemed about this possibility of not ever having a noise variance In the Town of Ithaca. Having lived In the City of Ithaca for years and having that be Just something we took for granted I i//as Just surprised to team In the last two weeks that we have no noise variance In the Town of Ithaca. Of course we pay enough taxes for that to take place. Ms. Valentino told her that the Town does have a noise ordinance but it is not as effective as it should be. I think that Is a concem of ours. My portion and my plea tonight Is please give authority to police officers responding to disturbances to Issue appropriate tickets to violators without neighbor complaints. So In other words. If there Is Just a party going on and they know about It, and as a resident of South Hill I'm going to now find out when the parties take place so that I can Just see. I have never actually been down to see the parties, I have only heard In a n distance the sounds that float over the waves and I think what Is that. Only to learn that j these are parties and I could actually hear what they were saying at a party. I understand that when there are so many students and people at the parties; at the most recent party we March 13,2006 Regular Town Board Meeting Approved April 10, 2006 learned that there were 70 people that came out of one house after a complaint was raised against that particular party. And when there are chances for the police officers to arrest, I understand that there is not a method to take those offenders away. My plea for part two is to provide a mobile unit, a van of some kind, even a Teat bus, to transport multiple offenders when necessary. I did speak to one of my neighbors who i/i/as a Teat bus drive who informed me that there is an agreement between Teat and IC to transport students from downtown Ithaca at 1 o'clock when they are just too drunk to get up the hill safely. And so Teat works with them and I understand the students only have to show their ID in order to get a ride up the hill. But one instance that I would love to share before giving the floor to one of my neighbors, one evening after coming from Cornell where I worked for 26 years, 1:30 at night I M^as coming down Giles Avenue and there was a young lady walking. It was clear to me that it was a young woman. Being a mother I thought I cannot pass this child up. So I tumed around, went back to this young lady and I said don't be afraid I'm not going to bother you. I'm a mother myself, I have a child about your age. It is too late for you to be out here, may I please give you a ride home. She said okay. She only had on a sweater and it was cold. So she go in the car and I drove her up the hill to 10 and she lived behind the towers. And I thought for as long as it took me to drive her up that hill she would not have made it walking and I said how are you out at 1:30 at night on this road by yourself. You could smell the alcohol. She said she had been to a party with friends and they had left her. I said there are your friends and they left you? They ran to catch the bus and they Just left me. And so I said when did you think you were going to get home? She said I was Just going to keep trying and keep walking. So I took her home, and I would never pick somebody up, but when I saw this child walking I said there is no way that I am going to leave here. So I said if you leamed nothing from tonight know that there are not your friends. And I think how may instances does this happen and we don't know about it because of the abusive drinking that takes place and Just so many things that we as adults could take a part in keeping/hoping that it wouldn't happen. Thank you very much for listening. Mr. Cowie recognized Ms. Smith as the recipient of the Harriet Tubman Award. Kinga Gergely, 106 Juniper Drive One would think that I have plenty of buffer being on Juniper Drive, but as Martha mentioned, as soon as there is a party you hear every word and succinctly. You understand conversation. I have yet to hear any amplified noise so it's very hard to complain because it's not a continuous amplified noise that's sustained for duration. It's usually whooping and hollering and primal screams, and girls screaming, and doors slamming and cars peeling out. Then there's a lull and you think, okay I can go to bed. And then 10 minutes later you wake up startled all again. It goes on until 4 a.m. We humans are sometimes stupid. It takes a lot of pain for us to act. First you pull the cover up. Then you close the window. Next time you think alright I'll call the sheriff, but I have to get up out of bed, I have to look up the number. So you procrastinate. Well we have started calling the sheriff and we've found that's not very helpful either so we needed to come and talk to you and see if you have solutions. I have anecdotes, some of them I have forgotten, but one in particular. There was a young man, 3 a.m. in the moming the doorbell rings. There's a young man at my door and he's disheveled and I'm thinking I can't open the door. The guys standing there and he's shivering. It's winter he has no coat and he's crying and he says call my mother. I don't know, co I let him in. So my first instinct was to call the police and Just have them come and deal with it. I don't know what happened to him, but these things happen all the time. Another instance is on Juniper March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Drive, I mean it's not even ttie center of the parties, these kids get lost They are so drunk they don't know where they are going and they end up on Juniper Drive and it's a dead end and they're turning around and they're coming back up. One night at two o'clock I woke up to I this thunderous sound and I went outside and there's a car wrapped around my tree on the side of the road and my mailbox is in the middle of the yard. I ran out to see if the person M^as okay, but by the time I got there the girl was running down the street towards the woods. I went in and called the sheriff and by the time the sheriff came, two other girls had come and emptied the car of all the alcohol that was in there. The sheriff did seem to respond to the situation. They wanted to question me first, question the girl first, then later. Seemingly the girl was not arrested or no complaints were made because the insurance company didn't seem to have any tickets or anything that were issued. We really need to take these cases seriously. The girl could have been killed for one, not to mention the property damage that gets done. If you would please take it seriously and address these issues. I don't want to reiterate the other point, but these are just anecdotes that pile on to the evidence. Thank you. Rob Levitsky, 102 Juniper Drive There are two topics I would like to discuss with you. We need more police coverage to deal with the loud music, the yelling and screaming of students, and their disorderly conduct. Last year I called the sherifTs department several times. After 30 minutes I would call again. I would wait another 30 minutes. I would call again. I don't want to be a nuisance or a problem to the sheriff's department. The drunken students are the problem. The sheriff should have enough deputies to effectively deal with students in a timely manner. Another rn concern is fines. Currently it's $25.00. This is way too low. Fines should be high enough to I ! be a deterrent to future offenses. Start with a $100 fine, then $200, then $300. Court dates ' need to be issued. With escalating fines for repeat offenders. Please listen to us and address our concems. Charles Odell, 100 Spruce Way I've live up there for 34 years and I've seen these kids acting up for all that length of time. One thing I'd like to bring out is that the kids walking on Coddington Road are a real hazard. These kids seem to like to challenge you, they like to walk three and four abreast. They almost like to stop the car. What they do at these parties, it's really hard to imagine unless you've lived across the street from it and listened to them. A couple of years ago when Oriand first built that one house right across from, this was early in the season, September, and I called the sheriff. He came. The party was shut down. It i/i/as great. He did a good Job. Well the next night I was laying I bed and I saw a bottle rocket go across my window. They were shooting bottle rockets into my yard. Obviously they were trying to get a rise out of me. I didn't rise to the occasion, I Just said okay, it's quiet do what you got to do Just keep them off my roof, (turn tape) .. .noise ordinance and the penalties that may be involved in a noise ordinance so that these kids would at least pay attention. It's tough to get their attention. Another thing I'd like to mention is that the Ithaca College safety patrol does not come off campus to their charges. I think they are their charges. I think it's part of Ithaca College, maybe they don't own it but those kids are certainly all there. That would certainly help the sherifTs department in the instance when they get called, they don't have enough people they can Just call the College safety patrol and have them go down and check it out. ! And that way it would get back to Ithaca College. Thank you for listening. 8 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Steve Ehrhardt, 109 Juniper Drive I moved to Juniper Drive two and a half years ago and low-and-behold the same problems are now following me up the hill. I just came to support my neighbor's request that something be done. Having spent many years living on Pleasant Street in the City of Ithaca I know how difficult these problems are to solve. The City has made a lot of progress. You might want to talk to your colleagues who have dealt with it Carolyn Peterson, Pam Mckasey, Alan Cohen, if you can get a hold of Chief Mecuwin. Our experience over the years is exactly what our neighborhood is going through now on South Hill, which is police didn't quite take us too seriously at first. The law didn't really give them an unambiguous definition of what was a violation. The fines weren't steep enough. The punishment not sure enough, early enough to be a deterrent. I remember Chief Mecuwen of how began to take it seriously. He was walking around in an area near Green and Albany Street one day when people were leaving the bomb shelter on their way back to IC. People were doing what they do. Relieving themselves in people's bushes and such and he found one young man doing that and he said, what the heck do you think you're doing fellow, and the kids said, who the heck are you old man to tell me, and he said, well I'm the Chief of Police and he took care of it. After that the problems seemed to calm down a little bit. Getting law enforcement to take it seriously is certainly important, but you have to find a way to craft an enforceable ordinance that will work. We can call the sheriff all we want and it won't make any difference if the law isn't clear enough as to what he can do. As for other issues that are related to living in the vicinity of what's rapidly becoming a student ghetto north of Juniper Drive along Coddington. If you go up there it is not Just noise that's a neighborhood nuisance. Look at the way the cars are parked every which way on the east side of Coddington. Multiple cars on front lawns. Some parallel. Some Jutting every which way. There's no front lawn in front of many of those rental properties any more. There's no sidewalk, no curb. I think maybe the time has come for us to acknowledge that this little piece of the Town of Ithaca is no longer rural, might need a sidewalk and a curb, and some ordinances about how many vehicles can be parked on the front lawn. This might go a long way toward relieving some of the other nuisances that are associated with the mono-culture of a bunch of students all in the same area. It's going to have a certain number of these problems. I'd ask you to consult your colleagues in the City who have already dealt with them. They may have some ideas for you. Thank you very much. Stuart Krasnoff, 108 Juniper Drive I don't really have much to add in the way of anecdotes or details over what my neighbors have already testified to. I've got a list here from a typical year. I made 5 calls to the sheriff for loud parties, firecrackers in the middle of the night, similar observations on my part. Occasionally there will be some satisfaction; the party will quiet down after an hour or so. But the damage is usually done. I go to sleep at 9:30/10:00. I like to get 8 hours of sleep before I get up at 5:30 so this has been a continuing issue over the 8 years I've lived on South Hill. I lived in Eastem Heights about three doors from you, Cathy, for ten years and never had a problem over there. I didn't know how good I had it. If I could add anything maybe it would be a little sense of perspective. I think I noticed in one of the mailers from the Town that there's an initiative to combat light pollution, which I applaud as a birder and a moth hunter and a lover of wildlife, especially noctumal wildlife and I think it's a great thing to do. I think that addressing noise pollution is something that has a much wider constituency. People who aren't tuned in to the wildiife issues are going to be interested in any initiative that we might be able to take to improve the situation and I think as my neighbors have testified the way to 9 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 go is to try to toughen up the noise ordinance first and put some teeth into the ability of the ^ law enforcement people to really address these issues. Thank you. [l Al George, Kendal Avenue I'm a 30 year resident of Kendal Avenue. I'm an alumnus of Ithaca College. You all got about three hours? I would like to see the college get more involved. The other thing is, in my opinion, Ithaca College students are not good neighbors. Thank you for your time. Michelle Quintner, Juniper Drive It's noisy. It's hard to sleep. I have a little kid and it doesn't feel like a very nice friendly neighborhood when you go to the park, bring your little child there and you see beer cans and various used latex products lying about. Graffiti. I'd like to see that changed. That and the noise. I think that covers it. Thank you. Patty Porter came forward to ask the Board what and how soon the Board was going to do about the problems that have been presented. Supervisor Valentino told her the Town has been meeting with Ithaca College over the past two years on a fairly regular basis. Councilwoman Leary and Mr. Walker are the two representatives that are attending the meetings. Supervisor Valentino felt they were fairly successful in cutting down on last year's end-of-year parties. Ms. Valentino felt they did have Ithaca College pretty actively engaged in taking a leadership role in helping find solutions. Ms. Valentino felt they should send one or two representatives from their neighborhood association to the meeting that Ms. Leary and Mr. Walker attend. | I I : Supervisor Valentino felt that the noise ordinance should become a high priority for the Codes and Ordinances Committee. Ms. Leary has been looking at the City's noise ordinance and there is communication with some City folks, including Mayor Peterson, regarding how the City and Town can coordinate to work on these things and what has been effective in the City. Councilman Stein thought the Board would be passing a resolution allowing them to set up Citizens Committees to address specific problems. He felt this issue would be a great place to start. At the next meeting he may propose that the Board set up a Citizens Committee to work with Board members to focus on this problem. Ms. Porter stated that as a taxpayer she finds it inadequate that she can't designate some of her Town taxes to supplementing the sheriffs department in a way that would give them the coverage they need. She would be willing to serve on a committee to study this issue. Mr. Burbank told her that the Town had in the past tried to hire additional sheriff department time for traffic patrol and the problem was that there were simply not enough department personnel to handle the additional work. Ms. Leary thought one of the quickest and most effective things the Town can do is to change the Town's noise ordinance to expand it beyond amplified noise. She felt that should be a n priority. j 10 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Supervisor Valentino stated she appreciated people taking the time to come down and talk to the Board. She thought maybe one of the other things they should be looking at is the approvals they are giving to the apartment houses that put so many students in a confined area. Supervisor Valentino recalled when Kendall and Pennsylvania had been nice family neighborhoods. In response to questions regarding how many unrelated individuals can live in the properties. Mr. Kanter thought that the current regulations limit it to perhaps no more than two occupants per unit, which would be 4 total in 2 units. There are cases where it could be three unrelated individuals per unit. In the high-density residential zone any house can have one or two dwelling units, however, the second unit has to be subordinate or smaller than the primary unit. Right now our zoning regulations actually do not require either of the units to be owner occupied. One approach might be to look at the town's two-unit provisions and perhaps thinking about requiring one of the units to be owner occupied. That might be something that might help control the character of neighborhoods a little bit more. Someone from the audience asked how and individual would go about filing a complaint if they thought a house had an illegal number of occupants. Mr. Walker told him they could file a complaint with the Town Code Enforcement Department. Ms. Porter asked if violators were fined. Mr. Walker told her there was no mechanism for a fine within the zoning ordinance. When the Town finds a violation, they do an inspection and if a violation is found a citation is written up and delivered to the owner of the property. Generally the property owner is given 30 days to come into compliance. There are two ways to come into compliance. The best way is to reduce it down to the legal number of people in the house. The second way is to request a variance from the Zoning Board of Appeals. If a variance is requested it would be advertised to the neighborhood, everything within 500 feet. Ms. Valentino stated it was important, if a landlord applies for a variance, for neighbors to attend the public hearings and make their objections heard. Agenda Item No. 8 - Supervisor's State of the Town Address Supervisor Valentino told the Board she did not have a written address for the Board but would have one for next month. Regarding the finances of the Town, Supervisor Valentino reported that they were a continuing worrying. She thought the sales tax money was going to be down 7%, the good news was that it was down 4% instead of 7%. They thought they had made a fairly good leap fonward, but then she got the final bill from the City of Ithaca for the Fire Department that essentially ate up what had been gained. The Town's fund balances for the General Fund, Part Town, and Highway are pretty much at their safety net levels. One of the big charges for the Capital Projects and Fiscal Management Committee will be to look closely at where they can minimize costs. Supervisor Valentino reported that the three things she worked on last year and wanted to dedicate time to in the coming year are her work with the City on shared serves or consolidation, the Transportation GEIS with Cornell, and the Council of Governments. Agenda Item No 21 - Speed Limit Reduction Request for Game Farm Road 11 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 TB RESOLUTION NO, 2006-060: Speed Limit Reduction on Game Farm Road I i WHEREAS: The Town of Dryden received a request for a speed reduction on Game Farm Road; and WHEREAS: Portions of Game Farm Road are owned by the Town of Ithaca, the Town of Dryden, and Tompkins County; and WHEREAS: The Town of Dryden has petitioned New York State to conduct a speed reduction study, and has asked the Town of Ithaca to support their petition and submit a petition to lower the speed limit on the Town of Ithaca's portion of the road. They are requested the speed limit be reduced to 45 MPH; and WHEREAS: The Town of Ithaca's Public Works Committee has reviewed and supports this request; now therefore be it RESOLVED: That the Town Board of the Town of Ithaca hereby request that the New York State Department of Transportation's Traffic Safety Division establish a linear speed limit of 45 MPH on Game Farm Road; and further RESOLVED: that the Town Board of the Town of Ithaca hereby supports the Town of Dryden and Tompkins County in their petition to the State. ^ MOVED: Councilman Burbank ' SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 23 - Consider Approval of Park Names Mr. Burbank stated that they are, for the first time, creating a new name for a type of park, which is a preserve. In response to questions from Mr. Cowie, Mr. Burbank stated that there is not a legal definition associated with the term. The general consensus was that the Town should establish a definition for "preserve". Mr. Cowie suggested the Town work on some sense of what maintenance should be within a preserve versus a park. Mr. Noteboom thought it was an excellent suggestion. TB RESOLUTION NO. 2006-061: Naming Town Park on Glenside Road as "Glenside Preserve" WHEREAS, the Town Board of the Town of Ithaca did on March 8, 2004, accept tax parcel number 30.-1-1.3 located along Glenside Road and Five Mile Drive as dedicated park land in accordance with the Town of Ithaca Park. Recreation and Open Space Plan (adopted in December 1997); and 12 fa*) March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, the Board has determined that the name "Glenside Preserve" meets the criteria of the Town of Ithaca Policy on Naming Town Parks; and WHEREAS, the Recreation and Human Service Committee recommended the name "Glenside Preserve" now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby names the dedicated parkland as "Glenside Preserve" MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-062: Naming Town Park on Westhaven Road as "Westhaven Preserve" WHEREAS, the Town Board of the Town of Ithaca did on December 13, 2004, accept tax parcel number 28.-1-28.226 located along Elm Street Extension and Westhaven Road as dedicated park land in accordance with the Town of Ithaca Park. Recreation and Open Space Plan ( adopted in December 1997); and WHEREAS, the Board has determined that the name "Westhaven Presen/e" meets the criteria of the Town of Ithaca Policy on Naming Town Parks; and WHEREAS, the Recreation and Human Service Committee recommended the name "Westhaven Preserve"; now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby names the dedicated parkland as "Westhaven Preserve." MOVED: Councilman Cowie SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-063: Naming Town Park on Woolf Lane as "Woolf Park" WHEREAS, the Town Board of the Town of Ithaca did on March 8, 2004, accept tax parcel number 23.-1-40 located along Woolf Lane as dedicated park land in accordance with the Town of Ithaca Park. Recreation and Open Space Plan (adopted in December 1997); and 13 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Whereas, the Board has determined the name "Woolf Park" meets the criteria of the Town of n Ithaca Policy on Naming Town Parks; and ! i WHEREAS, the Recreation and Human Service Committee recommended the name "Woolf Park" now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby names the dedicated parkland as "Woolf Park" MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 10 - Public Hearing regarding A Local Law Amending Chapter 230 of the Town of Ithaca Code. Titled "Streets and Sidewalks", to Establish Town's Assumption of Ownership. Maintenance and Liability for Hanshaw Road Walkwav (Attachment #3 -• Local Law No, 5 of 2006^ Supervisor Valentino opened the public hearing at 7:00 p.m. The hearing had been posted and published as required. There was no one from the public to address the Board and the meeting was closed at 7:01 p.m. Agenda Item No. 11 Consider Adoption of A Local Law Amending Chapter 230 of the Town of Ithaca Code. Titled "Streets and Sidewalks", to Establish Town's Assumption of Ownership, Maintenance and Liabilitv for Hanshaw Road Walkwav TB RESOLUTION NO. 2006-064: Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE. TITLED 'STREETS AND SIDEWALKS'. TO ESTABLISH TOWN'S ASSUMPTION OF OWNERSHIP. MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on March 13, 2006 at 7:00 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED 'STREETS AND SIDEWALKS', TO ESTABLISH TOWN'S ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and n n 14 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on [the Type II] list", and thus adoption of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED 'STREETS AND SIDEWALKS', TO ESTABLISH TOWN'S ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Supervisor Valentino SECONDED: Councilman Stein ROLL CALL VOTE:Supervisor Valentino Aye Councilwoman Leary Aye Councilman Cowie Aye Councilwoman Gittelman Absent Councilman Burbank Aye Councilman Stein Aye Councilman Engman Aye Agenda Item No. 19 - Consider Authorization for Construction of a Chimney Swift Tower Near Pew Trail (Attachment #4 - Memo from S. Ritter: A Chimnev for the Swifts - An Action Proposal: Chimney Swift Nest Site Research Proiect: Location Map) Supervisor Valentino commended Sue Ritter for the work and energy she put into this project and contacting people from Cornell so that this tower can be built with really no cost to the Town of Ithaca. Attorney Brock recommended a wording change in the last resolved, replacing the word "supports" with "authorizes". The board agreed to the recommended change. 15 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 TB RESOLUTION NO. 2006-065: Authorization to Construct a Wooden Nesting and Roosting Tower for Chimney Swifts near the Pew Trail ! WHEREAS, the late Richard B. Fischer, former Conservation Board member and Cornell University professor emeritus, submitted a proposal to the Town of Ithaca for the construction of a wooden tower, to provide nesting and roosting habitat for the bird known as the Chimney Swift, along the newly constructed Pew Trail, and WHEREAS, the once abundant Chimney Swift, an insect eating migratory bird, native to North America, adapted to the loss of their natural roosting and nesting sites (large hollow trees) by utilizing man-made structures such as chimneys and air shafts, and WHEREAS, the advent of metal chimneys and the increasing practice by home owners to cap their chimneys has made it more difficult for Chimney Swifts to find suitable nesting sites, thus contributing to the significant and consistent decline in their population in New York State and throughout North America, and WHEREAS, it is possible to provide new nesting and roosting habitat specifically for the Chimney Swift by constructing a tower a minimum of 12 feet tall with a minimum interior dimension of 14 inches, using simple constructions techniques and design details as described in Chimney Swift Towers, New Habitat for America's Mysterious Birds — A Construction Guide f—^ (2005), by Paul and Georgean Kyle, and j i WHEREAS, constructing a Chimney Swift tower would not require a great deal of Town staff time or Town funds, because volunteers associated with Cornell University have come fon/vard to help construct the tower, and are hoping to use some donated locally harvested wood, and an area store has also offered to donate whatever necessary materials are needed for the project, and WHEREAS, land owned by the Town near the Pew trail and the Regency Lane water tank provides the recommended habitat conditions for the siting of the tower, by providing suitable open space with nearby trees to provide shade protection from the summer sun, and WHEREAS, the Chimney Swift tower project would both aid the population of this native bird species, as well as offer an environmental education opportunity for Town residents to learn more about this interesting bird, and possibly have an opportunity to view it as it continuously scours the skies for insects; now, therefore be it, RESOLVED, that the Town of Ithaca Town Board authorizes the construction of a Chimney Swift tower on Town owned land near the Pew Trail and the Regency Lane water tank. MOVED: Supervisor Valentino SECONDED: Councilman Engman n 16 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye Agenda item No. 20 - Consider Appointment of Local Advisory Board of Assessment Review (Attachment #5 - Letter from J. Franklin of Tompkins County Department of Assessment) IB RESOLUTION NO. 2006-066: Appointments to Local Advisory Board of Assessment Review WHEREAS, the Town of Ithaca Local Advisory Board of Assessment Review will hold their review proceedings on the 11th day of May 2006, at Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York; and WHEREAS, it is necessary that the Town Board of the Town of Ithaca appoint two representatives to attend the said proceedings; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby appoints Councilwoman Leary and Councilman Burbank to serve on the Local Advisory Board of Assessment Review; and, be it further RESOLVED, the Town Board of the Town of Ithaca appoints Councilman Engman to serve as alternate representative; and, be it further RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Tompkins County Assessment Department. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 12 - Public Hearing regarding a Local Law Amending the Code of the Town of Ithaca to Add a new Chapter 18 Governing the Creation and Appointment of Citizen and Staff Advisory Committees for the Town of Ithaca (Attachment #6 - Local Law No. 6 of 2006) Supervisor Valentino opened the public hearing at 7:15 p.m. Ms. Hunter stated the hearing had been posted and published as required. There was no one present to address the Board and Supervisor Valentino closed the hearing at 7:16 p.m. Supervisor Valentino reported having spoken with Attorney Brock about part "C", page 3, where the draft local law included "...the City of Ithaca Town of Ithaca Board of Fire Commissioners". The Town does not appoint anyone to the Board of Fire Commissioners. The Town makes recommendations to the Mayor of the City. Supervisor Valentino asked that the phrase be scratched from the local law. The Board agreed to do so. Supen/isor Valentino reported that 17 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Attorney Brock said the change was not significant enough to require an additional public hearing. TB RESOLUTION NO. 2006-067 : Resolution Adopting "A LOCAL LAW AMENDING THE CODE OF THE TOWN OF ITHACA TO ADD A NEW CHAPTER 18 GOVERNING THE CREATION AND APPOINTMENT OF CITIZEN AND STAFF ADVISORY COMMITTEES FOR THE TOWN OF ITHACA" WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on March 13, 2006 at 7:15 p.m. to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING THE CODE OF THE TOWN OF ITHACA TO ADD A NEW CHAPTER 18 GOVERNING THE CREATION AND APPOINTMENT OF CITIZEN AND STAFF ADVISORY COMMITTEES FOR THE TOWN OF ITHACA"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on [the Type II] list", and thus adoption of this local law is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING THE CODE OF THE TOWN OF ITHACA TO ADD A NEW CHAPTER 18 GOVERNING THE CREATION AND APPOINTMENT OF CITIZEN AND STAFF ADVISORY COMMITTEES FOR THE TOWN OF ITHACA", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Stein SECONDED: Councilman Engman 18 n March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Roll Call Vote:Supervisor Valentino Aye Councilwoman Leary Aye Councilman Cowie Aye Councilwoman Gittelman Absent Councilman Burbank Aye Councilman Stein Aye Councilman Engman Aye Change in Agenda Councilman Stein asked that the Board move to discussion of the Board Protocol and Procedures Manual following discussion of agenda items number 17 and 18. There was no objection. Agenda Item No. 17 - Consider Update to Purchase of Agriculture Conservation Easement Target Areas Map (Attachment #7 - Memo from M. Smith: maps; Fee proposal letter from Pomerov Appraisal Associates) Agenda Item No. 18 - Consider Authorization for Town Staff to Proceed with Appraisal Services for Two Potential Purchase of Agricultural Conservation Easements Mr. Kanter told the Board that there were two property owners who have expressed interest in the agricultural conservation easement program; and the Town has learned there is an opportunity for submitting a grant application to the State coming up fairly soon. Mr. Kanter reported meeting recently with the Agricultural Land Preservation Committee to discuss the materials distributed in the Board packet. Mr. Kanter then turned discussion over to Mike Smith. Mr. Smith reported that there are two potential properties for conservation easements. To move them forward for Board approval and for the State grant application the Town will need to update the Conservation Easement Target Areas Map. The current map does not include either of the properties (Cummings or Drake); they are adjacent to the area. To pursue moving fonward the Town Board needs to include the properties in the target areas. Beyond that, the first step in pursuing the easements on the properties is getting appraisals done. The grant application is supposed to be released sometime in April with a June deadline for submitting the grants. TB RESOLUTION NO. 2006-068: Approval of Revisions to "Purchase of Agricultural Conservation Easements Target Areas" Map (March 1999. Updated March 13. 2006) WHEREAS, the Town of Ithaca has received agricultural conservation easement applications from two landowners who's properties are not located within the original target areas identified in the Policies and Procedures Manual, and WHEREAS, both of the properties are located within the Town's Agricultural Zone and within the Tompkins County Agricultural District No. 2, and 19 n March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, both properties are located adjacent to other properties located within the original target area boundaries, and WHEREAS, both properties are currently in active agriculture use, and WHEREAS, the Town's Agricultural Land Preservation Advisory Committee has reviewed the updates at a meeting on February 27, 2006, and recommend the two parcels be added to the target areas map, and WHEREAS, at the regular meeting on March 13, 2006, the Town Board of the Town of Ithaca has reviewed the revised targets areas map referenced above, and WHEREAS, this action is a Type II action pursuant to Part 617.5 of the New York State Environmental Quality Review Act, and Chapter 148 of the Code of the Town of Ithaca titled "Environmental Quality Review", thereby not being subject to further environmental review, NOW, THERFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and accepts the revised "Purchase of Agricultural Conservation Easements Target Areas" map (March 1999, Updated March 13, 2006), and determines that such map shall be inserted into the agricultural land preservation program's "Policies and Procedures Manual". MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Supervisor Valentino stated that the Town has used Gardener for past appraisals and asked Mr. Smith to address why they felt it was important to use a different appraiser. Mr. Smith stated he thought it was partly to do just that, try someone different, see if their methodology is a little different. The proposed appraisal group out of Syracuse has been used by the County Farmland Protection Board and the Cooperative Extension and they were very please with the work. The cost for appraisals of the two parcels would be about 800 dollars more than if the Town were to use Gardener. Supervisor Valentino recalled difficulty dealing with the banks regarding an earlier conservation easement. She reported that the committee had discussed going out to talk with some of the banks to see if we could make them better understand the purchase of development rights program. She did not think they had done that. She thought the committee might want to talk with Tompkins Trust ahead of time. Mr. Smith added that they should check to see if there are mortgages on the properties under consideration and what banks are involved. n Councilman Burbank asked whether the Mecklenburg Road land was the same property where there are now lots for sale signs. Mr. Smith stated that, yes, Mr. Drake has preliminary 20 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 approval for 13 lots and final approval for 1. The "for sale" sign is for the one 2-acre lot on Mecklenburg Road. Mr. Drake still wants to sell and get rid of the one lot; then there would be 88 acres left. If a conservation easement was negotiated, the other 12 lots would disappear and the subdivision approval would go away. Only one additional lot would be developed. IB RESOLUTION NO. 2006-069: Authorization for Town Staff to Proceed with Contracting for Appraisal Services for Potential Purchase of Agricultural Conservation Easements on Two Parcels WHEREAS, the owners of two parcels of land in the Town of Ithaca have expressed interest in the potential sale of the development rights to their respective property through purchase of agricultural conservation easements by the Town of Ithaca, and WHEREAS, the Planning Department has solicited proposals from qualified appraisers to provide professional appraisal services to determine the potential market value of agricultural conservation easements on the two parcels of land, and WHEREAS, the Town's Agricultural Land Preservation Advisory Committee has reviewed the two properties and has recommended that appraisals be completed for both properties, and WHEREAS, the Planning Department has received a proposal from Pomeroy Appraisal Associates, Inc., that meets or exceeds the criteria for evaluating said proposals, and WHEREAS, the total cost of providing the two requested appraisals given by Pomeroy Appraisal Associates, Inc., is $ 3,800.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca authorizes the hiring of Pomeroy Appraisal Associates, Inc. to prepare the two "land only" appraisals for the land on which the Town of Ithaca may desire to purchase an agricultural conservation easement on, at a cost not to exceed $ 3,800.00, to be allocated from the Park and Open Space Cash Reserve. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 26 - Discussion of the Draft Board Protocol and Procedures Manual (Attachment #8 - Draft Manual) (Attachment #12 - Mr. Engman's Committee Structure) Councilman Engman reported that the committee had addressed all of the items identified during previous discussion of the manual. 21 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Mr. Stein had read the suggested changes, felt they seemed to reflect the discussions, and ^ would be willing to vote to accept those changes. | Supervisor Valentino had a few questions, as did Attorney Brock. Ms. Brock brought the Board's attention to the following: Page 14 under Committee Structure. The bullet for staff advisory committees says, "members are appointed by the Town Supervisor subject to approval by the Town Board". The Local Law the Board just passed says that members are appointed by the Town Supervisor and does not say anything about it being subject to approval by the Town Board. She thought that was a substantive change. Mr. Engman replied stating he had a note that the committee had apparently left off the phrase "unless the Supervisor objects" to make it consistent with the Town Board Committees. Page 31, 4.11 d. It says, "at a regular meeting the Board is free to take action on non- agenda items". Previously it said "at special meetings you may only take action on agenda items". That was deleted. Ms. Brock felt that now the implication is that maybe something different is true for the special meetings. The Board agreed to strike the word "regular". 6.03 A. There is a sentence, "intra agency communications including discussions among town board members need not be disclosed, filed, or kept" and then some exceptions are listed. Ms. Brock stated that all the exceptions apply to disclosure requirements under the ! Freedom of Information Law. Filing and keeping requirements are subject to different ' requirements by the State Archives and Records Administration and their record retention schedule. She suggested striking the words "filed or kept". The Board agreed with her recommendation. Page 56 under Standards of Conduct. Number 6 should say, "disruptive behavior including but not limited to chanting or the use of signs that are obtrusive or distracting or that contain defamatory or obscene language, will not be tolerated". Mr. Engman stated that the committee did not go over the appendices and recommended they adopt the manual without the appendices for now. He asked that the resolution of adoption be amended to say without the appendices. The Board agreed. Supervisor Valentino felt the wording "unless the Supervisor objects" was a bit awkward and asked if the Supervisor objects, then what? Councilman replied stating that in any of those cases when the Supervisor objects then that's what happens, whatever the Supervisor wants. Mr. Engman stated they were trying to recognize State law and at the same time recognize that by tradition in the Town, we have done it in a different way and recognize the different way the Town has done it while making clear that the Supervisor has the ultimate authority to do it the way he/she wants. Ms. Valentino asked the other Board members what they saw as staff advisory committees. Mr. Engman stated that based on the conversations that Cathy, Jeff, and himself have had he 22 n jkjfflW March 13,2006 Regular Town Board Meeting Approved April 10, 2006 made up a list of what he understood their conversation had been. He distributed a listing of what might be some of the staff advisory committees. Mr. Stein stated he had a different interpretation. The Personnel Committee now has a significant number of people who are selected by the staff that serve on the committee. He believed the Town needed a personnel and operations committee consisting of Board members that has a different set of responsibilities than the staff committee. It seemed to Mr. Stein that the role of having a committee made up only of the staff members who then tells the Personnel Committee what the staff wants on issues is a very important thing to have. The group of people who now serve on the personnel committee would serve the Board best if they were organized into a separate staff committee that then reported to the Board personnel committee. Supervisor Valentino stated she would disagree with that but felt they could work it out. She thought the dialogue between the staff and Board members has been something that has worked extremely well over the years and has been very helpful. Mr. Stein agreed that it has worked over the years, but thought there was also a roll for the Board members to bring something back to the full Board in a vote that is not dominated by members of the staff. Upon review of Mr. Engman's list, Ms. Valentino stated she thought one staff committee clearly would be the Safety Committee. Additionally, it is already spelled out in the Policy and Protocol Manual who is on the Supervisor's Advisory Committee. Supervisor Valentino felt the committees were something to be worked on another day. Councilman Burbank questioned the last paragraph on page 16 where it said, "...other members of the Town Board may attend and observe any committee meeting but may not participate in the discussions unless authorized by the committee chair or the meeting has been advertised as open to the public." He did not understand why they would give that discretion to the chair. Mr. Engman felt the thinking was that most of the committees will set up a pretty standard procedure for how they do business and sometimes if just one issue comes up and you have a couple of Board members who drop in an advocate say the one item it can disrupt the work of the committee. One of the possibilities was to give some control of that to the chair of the committee so that people can come and learn what is going on, but the committee is not continually swung back and forth on different issues by one issue that someone happens to be interested in, comes to the committee meeting, makes a big statement, then disappears and isn't there to follow-up on doing the work of the committee. It's just a way of maintaining some order within the committee. Councilman Burbank was not aware of that having been a problem. He is aware of situations such as Hanshaw Road when Board members attended a Public Works Committee meeting and all felt free to speak, but when it came time to vote it was down to two people. Supervisor Valentino commented that she was chair of that meeting and authorized it feeling it was important for information gathering. Mr. Burbank commented that he would have felt very frustrated if he had felt he couldn't be involved in a pretty detailed discussion of a very hot issue. Mr. Cowie asked if he was suggesting an alternative because he could see what Mr. Burbank was saying; it depends on the good will of the chair. Mr. Stein questioned the phrase, "...or the meeting has been advertised as open to the public". He felt it didn't matter, if there were four Board members present for a committee meeting that had not been advertised, they can't have a meeting even if they are quiet. It seemed to him that they were mixing two different issues. 23 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Attorney Brock agreed with Councilman Stein that the open meetings law doesn't speak to whether somebody is authorized to speak or not; if they are physically present then they count towards to quorum. She thought the committee might have something else in mind. Perhaps they weren't particularly concerned about the open meetings law implications, but wanted to control who was speaking at the meetings. Mr. Stein moved to change the phrase to, "unless authorized by the committee" and delete "chair or the meeting has been advertised as open to the public". Councilwoman Leary felt that change made it worse because it would require the permission of the entire committee. She gave the SAC committee as an example. If that is technically a staff committee and someone who is technically not a member of that committee shows up, like anyone on the Town Board, the Board member would need the permission of the entire committee to say something about the agenda for their own Town Board meeting. Ms. Leary stated she was questioning whether the SAC meetings were committee meetings or whether they were everybody getting together to establish the agenda. Supervisor Valentino agreed that it is not really a committee; it is a staff meeting. Ms. Leary felt they wanted to have the membership on a committee be meaningful. So you have the chair controlling things. If somebody wants to show up at the committee every time it meets and he/she is not technically a member of the committee and they want to participate and use up time that could get out of hand. Having the chair control how much someone monopolizes the conversation is reasonable. Mr. Stein suggested adding "Town Board or Citizens' Advisory Committee" to address Ms. Leary's concern. Mr. Engman pointed out that #2 is only addressing Town Board and Citizen Advisory Committees. Ms. Valentino did not see this a being a real problem. She could not imagine having a meeting where, if a Board member came and had an interest and had something to say that they wouldn't get a chance to say it. She felt the problem was that we did not see Board members enough, not that we saw them too much. TB RESOLUTION NO. 70 - Eliminate wording in section 2.07 E 2 "Appointments to Town Board Committees and Citizen Advisorv Committees" of the Town Board Protocol and Procedures Manual BE IT RESOLVED that the Town Board of the Town of Ithaca delete the phrase "chair or the meeting has been advertised as open to the public" in the last paragraph of section 2.07 E 2 of the Town Board Protocol and Procedures Manual. MOVED: Councilman Stein THERE WAS NO SECOND. The motion failed Ms. Hunter questioned why advertising a committee meeting changed the character of the meeting and the rules of procedure for the meeting. There was brief discussion and Councilman Engman moved to retain the word "chair" in the section under discussion. 24 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Supervisor Valentino seconded that motion. Councilman Burbank accepted the logic but stated that in his attempt to make the process more open, they were actually making it less. It was totally dependent on the good will of the chair. In response to Ms. Leary's concerns regarding Board member participation in SAC meetings, the Board agreed the section does not relate to SAC committee meetings. TB RESOLUTION NO. 71 - Change wording in section 2.07 E 2 "Appointments to Town Board Committees and Citizen Advisory Committees" of the Town Board Protocol and Procedures Manual BE IT RESOLVED that the Town Board of the Town of Ithaca eliminate the phrase "or the meeting has been advertised as open to the public" in the last paragraph of section 2.07 E 2 of the Town Board Protocol and Procedures Manual. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Supervisor Valentino asked what the Manual Committee's definition of a "standing committee" was. Mr. Engman replied that they had intended to eliminate that word and if there were still places it says "standing", it shouldn't be there. Ms. Valentino pointed out on page 16 where it says, "No member of the Town Board will chair more that one standing..." Mr. Engman stated it shouldn't be there. Ms. Leary felt the reason "standing" was there was in case an ad hoc committee was needed they could still have the flexibility to have someone chair the ad hoc committee. Councilman Stein suggested taking out "standing" and say "except for an ad hoc committee". Supervisor Valentino thought she would probably have a problem with this at some point. She told the Board she feels strongly that her responsibilities as the fiscal officer and chief administrator make it really important that she chair those two committees. She stated she felt very strongly that other Board members should chair other committees and spread out the duties. If they take out "standing" this wouldn't matter. Mr. Engman felt the section authorizes the Supervisor to chair those committees and thought they should take out the word "standing". Mr. Stein and Ms. Leary asked that they include after, "one Town Board Committee, unless the Supervisor objects, or one Citizens' Advisory Committee", the sentence, "This restriction shall not apply to ad hoc committees." The Board agreed. There were no further comments from the Board. Supervisor Valentino expressed her regrets that Councilwoman Gittelman was not present for adoption of the manual and hoped that she would soon be back among the Board. TB RESOLUTION NO. 2006-072: Approval and Adoption of Board Protocol and Procedures Manual 25 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, the Board Policy and Protocol Committee has devoted the past year to creating a comprehensive protocol and procedure manual for the benefit of the members of the Town Board; and ] WHEREAS, the committee has had the manual reviewed by the Town Board at 2 meetings in February for discussion and recommended changes; and WHEREAS, the Policy and Protocol Committee has reviewed the items flagged by the Town Board and have made recommendations for those items; and WHEREAS, Councilman Engman and Councilwomen Leary made recommendations for the flagged items referring to the committee structure; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the Board Protocol and Procedures Manual for the Town Board, effective, March 13, 2006, with the changes as discussed during the Town Board meeting, except for the appendices. MOVED; Councilman Engman SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; ! Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Supervisor Valentino commended everyone for their work on the manual. Agenda Item No. 24 - Consider Resolution Endorsing Paper Based Optical Scan Voting Machines Supervisor Valentino told the Board that Councilwoman Leary had put together the resolution regarding optical scan voting machines for Board consideration. Ms. Leary told the Board that the latest information is that the State Board of Elections has put out bids for a handicapped accessible marking device that could be used with the level machines. This is what is referred to in the resolution's second resolve. Tomorrow all the parties are getting together in front of a judge to try to work something out. Ms. Leary's resolution aims to cover every contingency, including losing the money that is currently in escrow and having the State pay for the machines. The point is not to be forced into the touch screens with no voter verified paper record. Ms. Leary reported having spoken with Steve DeWitt and Barbara Lifton's office, and they have placed calls to the State on the status of things. Ms. Leary stated she tried to make the resolution accurate. She asked that the resolution be sent to the County Board of Elections, the State Board of Elections, Barbara Lifton's office, and the local media. 1 1 I TB RESOLUTION NO. 2006-073: Endorsing Paper Based Optical Scan Voting Machines 26 March 13, 2006 Regular Town Board Meeting Approved April 10, 2006 Whereas, free and fair elections provide the backbone of our democracy, and public confidence in the election system is crucial, and Whereas, in October 2002, Congress passed the Help America Vote Act (HAVA), mandating that states replace older or unreliable voting systems and make voting more accessible to people with disabilities, and Whereas, the State of New York has mandated that lever voting machines be discontinued no later than September 2007, and Whereas, election experience in recent years, particularly with new electronic voting systems, has demonstrated the need for transparent detection of errors and the need for a voter- verified, auditable paper trail in the event of contested elections, and Whereas the State of New York has delegated the selection of replacement machines to county Boards of Elections, and Whereas paper-ballot, election district-based optical scan voting systems have been found after exhaustive study by impartial experts to be the most reliable, user-friendly, and cost- effective technology, and Whereas the U.S. Department of Justice is seeking to compel New York State to certify equipment under HAVA on a short deadline. Resolved that the Town Board of the Town of Ithaca urges the New York State Board of Elections to certify and the Tompkins County Board of Elections to select paper-ballot, election district-based optical scan voting systems as the voting machines of choice for Tompkins County, and Be it further resolved that if the selection process is delayed, the Town Board of the Town of Ithaca urges the Tompkins County Board of Elections to retain the lever voting machines through the 2006 elections, supplemented by handicap-accessible marking systems such as the Automark, in compliance with HAVA requirements, and Be it further resolved that the Town Board of the Town of Ithaca urges New York State to preserve our right to vote by providing state funding to localities for any election expenses associated with compliance with HAVA in the event that federal funds are not forthcoming for the 2006 elections. MOVED: Councilwoman Leary SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 22 - Consider Adoption of Tompkins County Hazard Mitigation Plan 27 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 TB RESOLUTION NO. 2006-074: Adoption of the Tompkins County Multi- Jurisdictional ^ All-Hazards Mitigation Plan WHEREAS, Tompkins County and the municipalities therein have identified a history of damages resulting from flooding, severe storms, winter storms, and other weather-related phenomena, and have recognized the potential for future damages resulting from natural, human-caused, and technological disasters, and WHEREAS, an all-hazards mitigation plan can provide recommendations to help prevent and minimize the damages resulting from such events, and WHEREAS, the adoption of an all-hazards mitigation plan is required to be eligible to receive State and Federal funding for hazard mitigation initiatives, and WHEREAS, the County of Tompkins and the towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses (Partners) executed a Memorandum of Understanding in 2003 to develop a Multi-Jurisdictional All-Hazards Mitigation Plan (Plan), and WHEREAS, the Plan has been drafted in accordance with the requirements of the New York State Emergency Management Office (SEMO), Federal Emergency Management Agency (FEMA), and Disaster Mitigation Act of 2000, and rnWHEREAS, the Plan includes jurisdiction-specific recommendations to minimize the j j damages associated with natural, human-caused, and technological disasters, and WHEREAS, the Plan has been made available for public review online at the Tompkins County Planning Department Hazard Mitigation website and by placement in municipal offices, the Tompkins County Planning office, and the Tompkins County Public Library, with notices published in the Ithaca Journal, the local paper of record, inviting public comment, and WHEREAS, public meetings were hosted by the Partners throughout the development of the Plan to discuss the contents of the Plan with members of the public, and WHEREAS, comments from the public and Partners have been incorporated into the Plan, and WHEREAS, the Plan is wholly supported by its reviewers, and WHEREAS, The Town Board of the Town of Ithaca has reviewed the Plan and affirms that the Plan will be updated no less than every five years, and WHEREAS, The Tompkins County Legislature has determined that this is a Type II action under SEQR and requires no further review, and the Town Board concurs with this determination; now therefore be it 28 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 RESOLVED, by The Town Board, that Town of Ithaca adopts the Tompkins County Multi-Jurisdictional All-Hazards Mitigation Plan as its all-hazards mitigation plan, and resolves to execute the actions in the Plan. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, absent; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item No. 25 - Resolution of Condolence TB RESOLUTION NO. 2006- 075: Resolution of Condolence to Carolvn Griaorov BE IT RESOLVED, that the Town Board of the Town of Ithaca extends its heart-felt condolences and support to Carolyn Grigorov and her family following the loss of Grigor Peter Grigorov. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, absent; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda Item NO. 27 - Consider Letter of Engagement for Additional Legal Services (Attachment #9 - Agreement as to Legal Representation between the Town of Ithaca and Guv K. Krogh. Esg.. of Thaler and Thaler and letter from Susan Brock regarding Legal Work for the Town of Ithaca) Ms. Brock told the Board that the letter of engagement is to retain Gay Krogh of Thaler and Thaler to provide back up to Ms. Brock when she is out of Town or unavailable to attend Town Board, Planning Board, or Zoning Board of Appeals meetings. It would also authorize him to work on any real estate related matters regarding which Ms. Brock does not now have the expertise. She also asked for authorization that Mr. Krogh be able to work on other matters on which he might have specific expertise stating it would be much more efficient if he has knowledge in a certain area that she be able to consult with him or have him work on a matter rather than have her try to get up to speed on it. She told the Board it was not her intent to move massive amounts of projects and work to him wholesale. She is going to do as much as she can herself, but she thought in particular areas where he has expertise it might make sense for her to be able to have him to consult with or have him to actually work on specific projects. The agreement would not include litigation. That would come back to the Town Board on a case-by-case basis. Mr. Krogh is currently the attorney for the Town of Lansing and for the Town of Caroline. Councilman Stein asked who had suggested him. Ms. Brock stated she knows him and it 29 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 was a name she came up with. TB RESOLUTION NO. 2006-076: Authorization for Supervisor to Sign Agreement as To Legal Representation between the Town of Ithaca and Guv K. Krogh. Esq.. of Thaler & Thaler BE IT RESOLVED that the Town Board of the Town of Ithaca authorize Supervisor Valentino to sign the Agreement as to Legal Representation between the Town of Ithaca and Guy K. Krogh, Esq., of Thaler and Thaler. MOVED: Councilman Burbank SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, Councilwoman Leary, aye. Supervisor Valentino brought the Board's attention to two letters from Ms. Brock about legal work she does for other entities. Ms. Brock stated there might be situations where she is conflicted out of representing the Town, specifically on sewer related matters. The Board may want to discuss who it would make sense to have work on those, whether it be John Barney because he has done that historically or not. Supervisor Valentino felt that would make the most sense because he has all the historical background on those. Attorney Brock and Ms. Valentino would be looking at the existing agreement with Mr. Barney to see if another letter should come before the Board for their review and approval. Agenda item No. 29 - Consider Appointment of Civil Engineer TB RESOLUTION NO. 2006- 077: Regular Appointment of Civil Engineer WHEREAS, there is presently a vacancy in the full time position of Civil Engineer; and WHEREAS, the Interview Group comprised of Director of Engineering, Assistant Director of Engineering and Human Resources Manager, interviewed two candidates from the certified eligible listing for the Civil Engineer position; and WHEREAS, the Interview Group has determined that Kristen Taylor possess the necessary knowledge and skills to satisfactorily perform the duties of the Civil Engineer and make the recommendation for appointment; Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular appointment of Kristen Taylor as full time Civil Engineer, effective March 20, 2006; and be it further n 30 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 ^ RESOLVED, this is a 40 hours a week position, at the hourly wage of $21.08, which is an estimated annual salary of $43,846, from account number A1440.100, in Job Classification "N", with full time benefits; and be it further RESOLVED, if the said successfully completes the mandatory twenty six (26) week probationary period, which ends September 17, 2006, there will no further action required by the Town Board. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye Agenda Item No. 28 - Consider Executive Session regarding proposed litigation regarding Lakeside Nursing Home and Bankruptcv (Attachment #13 - Summary of disputed real property taxes for the years 2000. 2001. and 2002) TB. RESOLUTION NO. 2006-078Mar: Executive Session to receive Legal Advise regarding Lakeside Nursing Home and Bankruptcv ^ BE IT RESOLVED that the Town Board of the Town of Ithaca enter into executive session at 8:20 p.m. to receive legal advise regard proposed litigation concerning Lakeside Nursing Home and bankruptcy. MOVED: Supervisor Valentino SECONDED: Councilman Engman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-079Mar: Return to Regular Session BE IT RESOLVED that the Town Board of the Town of Ithaca return to regular session at 9:08 p.m. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 30 - Consent Agenda TB RESOLUTION NO. 2006-080Mar: Consent Agenda Items. 31 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 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. I MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-080aMar: Town Board Minutes of January 26. 2006. February 6. 2006. February 13. 2006 and Februarv 16. 2006 WHEREAS, the Town Clerk has presented the minutes for Special Town Board meetings held on January 26, 2006, February 6, 2006, and February 16, 2006, and Regular Town Board meeting held on February 13, 2006 to the governing Town Board for their review and approval of filing; now therefore be it n RESOLVED, the governing Town Board does hereby approve for filing the minutes for the meetings held January 26, 2006, February 6, 2006, February 13, 2006 and February 16, 2006 as presented at the March 13, 2006 board meeting. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-080bMar : 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. 1752-1862 General Fund Townwide $ 49,969.05 General Fund Part Town $ 9,076.21 ! 32 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 Highway Fund Part Town $ 32,110.89 Water Fund $ 13,680.32 Sewer Fund $ 21,455.04 Fire Protection Fund $452,557.87 TOTAL: $578.849.38 MOVED; Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-080cMar: Bolton Points Abstract. WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 10-11, 70-77, 79-136, 138-142 Check Numbers: 8884-8885, 8965-8972, 8975-9037 Operating Fund $159,910.40 1998 SCADA Capital Project $ 21,131.17 2003 East Hill Tank Proiect $ 20.636.47 TOTAL $201.678.04 MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; ^ Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. TB RESOLUTION NO. 2006-080dMar: RECORDS MANAGEMENT DISPOSITION LISTING (Attachment #10 - Disposition List) 33 March 13, 2006 Regular Town Board Meeting Approved April 10, 2006 WHEREAS, the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration (SARA) Records Retention and Disposition Schedule 1 MU-1:and WHEREAS, the Records Management Officer (Town Clerk), and Human Resources Specialist have reviewed and approved the disposition of the said records; now, therefore, be it RESOLVED, the governing Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Agenda item No. 31 ~ Report of Town Committees There were no committee reports. ' f ' Agenda Item No. 33 - Report of Town Officials (Attachment #11 - Monthly reports) Town Clerk Board agreed to a date of June 8, 2006 for the open house for the grant funded Town history project. Highway Superintendent The Town will begin the brush and leaf pick up on April 17^*^. The date will be published in the upcoming newsletter and the resolution will be before the Board at it's April 13^^ meeting. Director of Engineering Mr. Walker reported that he and Ms. Leary had gone up to Ithaca College and met with the community group dealing with the student issues. The College has said that they will assist in communicating with the students in the Town. They have been working with the City, going door to door to some of the trouble house, and they have a program that if they get a report of two or three problems at a particular location they will send a letter to the students and their parents. They have said they will extend that program into the Town. Mr. Walker reported that he will be sitting down with the College's security person soon. Mr. Burbank stated he continued to be concerned over the poorly defined access of the newly named Glenside Preserve off Floral Avenue. There's a 20 some odd strip that is being | encroached on by one or both of the properties on either side and there needs to be some 34 March 13,2006 Regular Town Board Meeting Approved April 10, 2006 definition. Mr. Walker told him they would be going out there and identify the location with survey pins and then they can post it. Director of Planning Mr. Kanter reported that the Codes and Ordinances Committee would be meeting on Wednesday. He thought the Committee might want to talk about how they might start addressing the issues the Board talked about regarding the Juniper Drive neighborhood. There is also an issue regarding solar panels that will be on the Committee's agenda. This is something that isn't addressed in the Town's zoning but seems to be something they should address if they want to address alternative energy. Councilman Stein recalled that the Town Board had sent some suggestions regarding Conifer to the Planning Board and wondered what that Board's responses were. Ms. Valentino told him the information was in the Planning Department report. Councilman Burbank asked if there had been any discussions at the Codes and Ordinances Committee of the rental unit boxes called Pods. Mr. Burbank stated he was throwing it out as something that was just beginning to emerge and it might be good for the Town to get a handle on it. Mr. Kanter felt another big issue was wind energy and wind structures about which the Town has absolutely no regulations. There are some model regulations around the State that they could look at. He felt it would be a more complicated issue than the solar panels. Budget Officer Councilman Engman stated he had seen in the Capital Projects Fund H1 Interceptor the purchase of a $500,000 certificate of deposit. He asked where the $500,000 came from. Mr. Carvill told him that last year to Board establish the capital project for the First Street interceptors by depositing $500,000 from the Sewer Fund into the H Fund. Mr. Carvill reported that he had invested that money until such time that the contract begins. Human Resources Manager Ms. Drake told the Board there were laborer interviews scheduled for Wednesday. There will be an appointment before the Board at next month's meeting. Attorney for the Town Attorney Brock reminded the Board of Gary Ferguson's appearance before them regarding the business improvement district. She told the Board that the New York State Constitutions prohibits a municipality from making gifts and private entities, but that prohibition doesn't apply to making gifts to municipalities. The Ithaca Downtown Partnership is a private, not for profit corporation so the Town cannot make a donation to the IDP. It could enter into a contract with the IDP to provide it services above and beyond what it is providing currently to the bid, something that benefits the Town directly. A better approach might be, if the Town wants to make a contribution, to make a gift directly to the City which created the BID, the BID is actually part of the city. The Town can make a gift to a municipality only if that gift is going to be used for something that is furthering the Town's public purposes. Ms. Brock reported that she had spoken with Mitch Morris of the State Comptroller's office and thrown 35 March 13, 2006 Regular Town Board Meeting Approved April 10. 2006 out some of the benefits that Mr. Ferguson had described such as the fact there is more foot traffic on the Commons or the fact that it's a more vibrant downtown area, but the State Comptroller's office said that these did not really benefit the Town residents. The cleanest way to do it is if you can show that there is some benefit to the Town Hall property itself such as removing snow or picking up garbage. Mr. Burbank wondered if the vibrancy of the Commons and the comfort level it provided employees would justify a contribution. Ms. Brock said she would check on that. Councllwoman Leary thought If it was that much of a stretch she could not see justifying paying the money. Supervisor Valentino recommended putting the issue on the agenda for the next meeting. She would get information regarding what the IDP was requesting. Recreation Partnership Councilman Cowie told the Board that the Recreation Partnership will be having an open house for elected officials on April 6^*^ at 5:30 p.m. at the Town Hall. Adjounment On motion by Councilman Stein, the meeting was adjourned at 9:30 p.m. R^pectfully submitted, . Tee-Ann Hunter Town Clerk Next Meeting April 10, 2006 36 TOWN OF ITHACA TOWN BOARD SISN-IN SHEET DATE: Monday, March 13, 2006 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE ARTA/rADDRESS/AFFILIATTON a Pf-viO. m'rr.,I (.A TeAAgy-f./^.OL. i >spf<ZSL / '^C2~. (J7L/AZ —f--/ D>lcJl '^J^CO'.cA /f. 5^/^ 3g<^ THac.A TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompklns County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW AMENDING THE CODE OF THE TOWN OF ITHACA TO ADD A NEW CHAPTER 18 GOVERNING THE CREATION AND APPOINTMENT OF CITIZEN AND STAFF ADVISORY COMMITTEES FOR THE TOWN OF ITHACA Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 \ Date of Posting: Wednesday, March 1, 2006 Date of Publication: Friday, March 3, 2006 Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 3"^ day of March, 2006 > 4. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01WH6052877 r Tloga County \ Commission Expires December 26, TOWN OF tlHACA NOTICE OF PUBLIC HEARING NOtiCE 15 HEREBY GIVEN, thol the Town Board of the Town of ItHoco will hold a public hearing of 7:15 p.m. on the 13m day of March 2006 at Town Hoi, 215 North Tioga Street, Ithaca, New Yort;, for the purpose of consider ing a proposed local low amending the Code of the Town of Ithaca to add p new Chopter 18 Governing the Creation and Appoint ment of Citizen and Staff Advisory Committees for the Town or Ithaca. A copy of the proposed Local Law is on file at the Town Clerk's Office ond availoble for re view during regular office hours, Monday through Fri day 8 a.m. to 4 p.m.; and . ' FURTHER .NOTICE iSL HEREBY GIVEN, that at. such: time and place all persons interested in the proposed amendment may be heard concerning the some; and FURTHER NOTICE IS HEREBY GIVEN, that indi viduals with visual or hear ing impoirmenfs or other special needs will be prowd- ed with assistance os neces sary, upon request. Persons desiring assistance rhust moke a request to the Town Clerk not less than 48 hours prior to the time of tfre pub lic hearing. Date: March 1,2006 Tee-Ann Hunter Town Cleric f 1 March 13, 2006 Town Board Meeting ATTACHMENT #1 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING", AND THE OFFICIAL ZONING MAP TO REZONE CERTAIN LANDS ALONG AND WEST OF TAUGHANNOCK BOULEVARD FROM LOW DENSITY RESIDENTIAL ZONE TO CONSERVATION ZONE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Rezoning of Lands, Chapter 270 of the Town of Ithaca Code, titled "Zoning," is amended by rezoning the area denominated by shading as "Proposed Conservation Zone" on the map attached as "Exhibit A" to this local law from its present zoning classification of Low Density Residential Zone to Conservation Zone. Section 2. Amendment of Zoning Map. The official zoning map of the Tovm of Ithaca, Effective April 1, 2004, Revised December 12, 2005, as amended to date, is hereby further amended by rezoning the lands described in this local law in the manner set forth in this local law. Section 3. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. Effective Date. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Tovm, or upon its filing with the New York Secretary of State, whichever is the last to occur. Cayuga Lake TownofMbiss Center useum-Q Vvil Proposed Conservation Zone Existing Buildings (2005 data) Property lines Data Source: Tompkins County Information Technology Services, GIS Division EXHIBIT A Proposed Conservation Zone 0.1 0.1 0.2 Miles Map produced 2/06 ~^SSS»=r^ f. CITIZENS TO RESTORE TRANQUILITY TO OUR NEIGHBORHOOD We, THE NEIGHBORS OF ITHACA COLLEGE, residents of South Hill in the Town of Ithaca, strongly suggest that the Town of Ithaca take immediate action to eliminate growing neighborhood problems including, noise, litter, underage drinking, and disorderly conduct. We suggest: 1. 2. 3. 4. 5. that an enforceable noise ordinance be written. This ordinance would assure peace in the neighborhood between the hours of 11 pm and 7:30 am on weekends and 10 pm and 7:30 am Sunday through Thursday. that an enforceable disorderly conduct ordinance be written. that the sheriff be provided with enough manpower to effectively deal in a timely manner with the noise and disorderly conduct and that fines be high enough to be a deterrent to future offences: ex. $500 rather than $25. Court dates need to be issued with escalating fees for repeat offenders. that landlords be informed when offenses occur on their properties. If Ithaca College students commit offenses, the tickets are to be sent to Ithaca College so the college can get involved with the offending students and their parents, that every landlord be required to supply a copy of the noise and disorderly conduct ordinances to every person who signs a lease. ^ NAME ADDRESS PHONE & E-MAIL -'/O/^^7 V7^-/ 'M hr. -^T2-l4S'/> MS ,3P CK c/cM i \ CITIZENS TO RESTORE TRANQUILITY TO OUR NEIGHBORHOOD We, THE NEIGHBORS OF ITHACA COLLEGE, residents of South Hill in the Town of Ithaca, strongly suggest that the Town of Ithaca take immediate action to eliminate growing neighborhood problems including, noise, litter, underage drinking, and disorderly conduct. We suggest: 1. that an enforceable noise ordinance be written. This ordinance would assure peace in the neighborhood between the hours of 11 pm and 7:30 am on weekends and 10 pm and 7:30 am Sunday through Thursday. 2. that an enforceable disorderly conduct ordinance be written. 3. that the sheriff be provided with enough manpower to effectively deal in a timely manner with the noise and disorderly conduct and that fines be high enough to be a deterrent to future offences: ex. $500 rather than $25. Court dates need to be issued with escalating fees for repeat offenders. that landlords be informed when offenses occur on their properties. If Ithaca College students commit offenses, the tickets are to be sent to Ithaca College so the college can get involved with the offending students and their parents, that every landlord be required to supply a copy of the noise and disorderly conduct ordinances to every person who signs a lease. 4. NAME ADDRESS PHONE & E-MAIL I ^ fi. L ^ .i OPgtC / 0 <?■$ P/-ui: (\(\PtrN\^ (j r ^ T <J i n j-/n i 4OrMk\f\hnti'.x-i rr y 4-Siv^^- CodisI.> A ^ /"t.ia/■Ciuia bcOIUl- fhrirl lKqhn ?y3 Ri:J. Pau f yarttfscrujh f/z. J' 'I i(.n f'AjflinahM ign/LM C i u rL. ^r P^ rMin il'^hplm T>t.hll4'lf{ /t>f w/li/ ■if<_ Ct-f/r/fll/K, Notes: \ ^r&^U'Vg.r nti/.-Lii CITIZENS TO RESTORE TRANQUILITY TO OUR NEIGHBORHOOD We, THE NEIGHBORS OF ITHACA COLLEGE, residents of South Hill in the Town of Ithaca, strongly suggest that the Town of Ithaca take inunediate action to eliminate growing neighlrorhood problems including, noise, litter, underage drinking, and disorderly conduct. We suggest: 1, 2. 3. 5. ihat an enforceable noise ordinance be written. This ordinance would assure peace in the neighborhood between the hours of 11 pm and 7:30 am on weekends and 10 pm and 7:30 am Sunday through Thursday. that an enforceable disorderly conduct ordinance be written. that the sheriff be provided with enough manpower to effectively deal in a timely manner with the noise and disorderly conduct and that fines be high enough to be a deterrent to future offences: ex. $§00 rather than $25. Court dates need to be issued with escalating fees for repeat offenders. that landlords be informed when offenses occur on their properties. If Ithaca College students commit offenses, the tickets are to be sent to Ithaca College so the college can get involved with the offending students and their parents, that every landlord be required to supply a copy of the noise and disorderly conduct ordinances to every person who signs a lease. /f r "A n n NAME \/a\y\ce.y<^v\ce. ADDRESS 116 PoAnsijlmnJa A\f^ PHONE & E-MAIL 273 \\s riv\r\su\\/atiia A\f^ 273/7^^8 jtM. a /1 Pcnn 3 3® . Av) £. n Ar-c— .7 S -VT ^ (.j. \>a^ SiiuAnkiyf /<, -U). z.nq-^c;(^Y a.9fe-'Vl l3 .Z-ry- J.S-U 7o^-ZN|- (,17^ / IfJ tWM»<£TT PENN .ol~ m-^29^ .a-13-4-8oG r\ I 1 '\y.oP Copies to Town Board 3/14/2006 March 13, 2006 Town Board Meeting 1 d\ () ATTACHMENT #2 CITIZENS TO RESTORE TRANQUILITY TO OUR NEIGHBORHOOD We, THE NEIGHBORS OF ITHACA COLLEGE, residents of South hill in the Town of Ithaca, strongly suggest that the Town of Ithaca take immediate action to eliminate growing neighborhood problems including, noise, litter, underage drinking, and disorderly conduct. We suggest: 1. that an enforceable noise ordinance be written. This ordinance would assure peace in the neighborhood between the hours of 11 pm and 7:30 am on weekends and 10 pm and 7:30 am Sunday through Thursday, that an enforceable disorderly conduct ordinance be written, that the sheriff be provided with enough manpower to effectively deal in a timely manner with the noise and disorderly conduct and that fines be high enough to be a deterrent to future offences: ex. I&500 rather than $25. Court dates need to be issued with escalating fees for repeat offenders. that landlords be informed when offenses occur on their properties. If Ithaca College students commit offenses, the tickets are to be sent to Ithaca College so the college can get involved with the offending students and their parents, that every landlord be required to supply a copy of the noise and disorderly conduct ordinances to eveiy person who signs a lease. 2. 3. 4. ^ NAME ADDRESS ^ J J eA V € M tlf rI DC bC + "b C N Kjogg M SumA /^A/ccr PHONE & E-MAIL DC -t IV 0^'"' tc >/ /V /n^r7cJ lor.yAAiifish. fj/r. , rACj At ^sr> ^2— t>(f t '' a; -i J b Q i P: PC. n ' N DC ' Nj JC n f\J tt ' 1b /? ''/85 X"i X- Lt' \'Z\ Kf.VI^CXW C^.~y^rVvCAj.V-^ f¥7<iiZ-r- /^J3 Tyu^^jA m t>e . cJO Sl^-iLUSA.h^tNOAl! >?t/g ^rendx. c2/Q. C^doU^ngHrK. /id- J^thCLCa HtLULK! pAui^ M.tfckftrg/ Ajg(«;on , I . - - - -. - V4ft\vv^o -^0-7 CArldfiMtW tSS /dV //) A A t ^.gpp lA^ iUtCA MMs /wSo -n^r, /»gTo ^ Ate. /Jy. /ViTV (■ntor-ioT Hf>\v;.o _ T 6-7 Cfl AmjW hi /f. bV e^TSL-^ yjC6^\^C»\ 'k'h ITH<^A l<f^O(^jc^ /o;? a,LAfikeeiiithm/cniO iXd' P'^ytrUli /£/eS6 o-jo \\9•t#' u '- •io CITIZENS TO RESTORE TRANQUILITY TO OUR NEIGHBORHOOD We, THE NEIGHBORS OF ITHACA COLLEGE, residents of South kill in the Town of Ithaca, strongly suggest that the Town of Ithaca take immediate action to eliminate growing neighborhood problems including, noise, litter, underage drinking, and disorderly conduct. We suggest: 1. 2. 3. 5. that an enforceable noise ordinance be written. This ordinance would assure peace in the neighborhood between the hours of 11 pm apd 7:30 am on weekends and 10 pm and 7:30 am Sunday through Thursday. that an enforceable disorderly conduct ordinance jbe written. that the sheriff be provided with enough manpower to effectively deal in a timely manner with the noise and disorderly conduct apd that fines be high enough to be a deterrent to future offences: ex. SfSOO rather than $25. Court dates need to be issued with escalating fees for repeat offenders. that landlords be informed when offenses occur on their properties. If Ithaca College students commit offenses, the tickets are to be sent to Ithaca College so the college can get involved with the offending students and their parents, that every landlord be required to supply a copy of the noise and disorderly conduct ordinances to every person who signs a lease. .V I r \ NAME ADDRESS :A)C\\Ml \A/gK5 Wo ^ PHONE & E-MAIL CO/lnP )1V ' t^vA/iKfT<vjrg, UQ blL 2-5'<C-37^g> . 1^3 jMhIpgK r>y oc-r^ - T '7^ A,. H i / ///I /'iheuieK, rF<M± n^. i 3>-y-//(d 113 Pl^ v/gVJ ■^OuiA y N •fe, f) '^9 Jon er ;273 'gyi(y xfn?-S'7y<^ 'Yip.i'-e&u 'y? rr^io/d^ifg. ^ a. 3ickit^ /(? ? <7Lini'p€y:J)y-. rj?3-^g'3 3^I'aiL l/i 4/(/ cK-S. 7 ( \ March 13, 2006 Town Board Meeting ATTACHMENT #4 f \ PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: SUSAN RITTER, ASSISTANT DIRECTOR OF PLANNING Z DATE: MARCH 7, 2006 RE: AUTHORIZATION TO CONSTRUCT A WOODEN NESTING AND ROOSTING TOWER FOR CHIMNEY SWIFTS NEAR THE PEW TRAIL Attached is a resolution, for Town Board consideration, authorizing construction of a wooden nesting and roosting tower for Chimney Swifts (a migratory bird native to North America and a spring-summer resident of upstate NY) on Town owned land near the Pew Trail and Regency Lane water tank. The late Richard Fischer initiated this project shortly before his passing with a written proposal to the Town for a Chimney Swift tower to be built along the new Pew Trail. Dr. Fischer had studied Chimney Swifts in his early research years, and was considered one of the world authorities on the species. In his later years, with increasing concern for their declining numbers, Dr Fischer began to focus on improving habitat for Chimney Swifts, hoping to repeat his successful involvement with the "bluebird movement," which has facilitated the return of ' V New York state's official bird. The opportunity to fulfill Dr. Fischer's request to construct a Chimney Swift tower now exists, as volunteers have stepped forward offering to construct the tower, a home improvement store has offered to supply the construction materials, and a suitable site on Town owned land has been identified. The Chimney Swift is a beneficial bird capable of eating nearly one third of their own body weight in flying insect pests such as mosquitoes, biting flies, and termites, every day. Historically Chimney Swifts nested in hollow trees, but as forests were cleared, the swift adapted to using chimneys and other similar human-made structures. Recent changes in chimney designs have led to a decline in nesting and roosting sites. Many masonry chimneys are being capped and others torn down in favor of new construction. Theses new chimneys are often lined with steel rather than brick making them useless to swifts, who are uniquely equipped to roost clinging to vertical surfaces by their sharp claws. But thanks to the efforts of the Driftwood Wildlife Association, organized by Paul and Georgean Kyle, construction of artificial chimney's are catching on. Based on several years of experimentation, the Kyle's have determined the design and location requirements for a "successful" Chimney Swift tower. They have published a book entitled Aew Habitat for America's Mysterious Birds - A Construction Guide, which provides details on the how-to for constructing a tower, and these design guidelines would be used to construct the proposed Town owned Chimney Swift tower. Local resident, Alex Hyland, a carpenter and a former student in Cornell's Department of Natural Resources, has offered his services to construct the tower, and will be coordinating ^ ^ volunteers from a Cornell University student environmental organization to assist. Alex proposes to use his carpentry shop in Hector (he lives in Ithaca) to construct the tower. Alex also anticipates obtaining donated locally harvested wood for much of the construction material. ^ ^ He plans to begin construction on Earth Day, and estimates on-site placement of the tower in ' ^ early May. Alex is currently instructing a Cornell Outdoor Education class in timber framing techniques and is producing a post and beam pavilion for an interpretive sign for Cornell Plantations. The local Home Depot store was contacted about the Chimney Swiff tower proposal, and asked if they would be interested in supporting this project. Home Depot is known to support local projects that are conservation oriented. The store was provided with a complete list of building materials, as outlined in the Kyle's book, and they have agreed to supply all of those materials that they carry in-store. The proposed location for the tower is on Town owned land near the Pew Trail and Regency Lane water tank. This site provides suitable open space, but close enough to nearby trees to provide adequate shade from the afternoon summer sun. (See enclosed map for general location.) Town staff will be responsible for coordinating the project, and a Highway crew, along with equipment, will be needed to prepare the site and construct the concrete foundation. Town staff will also need to maintain and annually clean out the structure. The Conservation Board has discussed the proposed project and supports construction of the Chimney Swift tower. Cornell Lab of Ornithology was initially contacted about Dr. Fischer's f \ proposal and stated that the Lab would encourage any projects that might help the swifts. The i \ Lab of Ornithology website contains information about the Chimney Swift, and provides a link to the Kyle's Chimney Swift tower project site. f \ f \ (Compiele the certiflcataoK to the paragraph that appMes to the fihmig of this local law and strike oat that which is sjot applicable.) \ s (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ,5 20Q^ of ">e (Coon^ty^w^^WtfagS) of... ITHACA was duly passed by the ai:; °° »<=oordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by Vhe (approved)(not approvedXrepassed after disapproval) by the — and was deemed duly adopted on 20 (Elective Chief Executive Officer*) ' in accordance with the applicable provisions of law. ^J[^(Final adoption by referendum.) I ?reby certify that the local law annexed hereto, designated as local law No - of 20 ' f"® (County)(City)(Town)(Village) of was duly'passed by the ^ (spproved)(not approvedXrepassed after disapproval) by the on. 20— . Such local law was submitted (Elective ChiefExecutive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20—- , in accordance with the applicable provisions of law. ' 4. (Subject to permissive referendum and final adoption because no valid petition was filed requestins referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)CIbwn)(Vdlage) of w«"duTy"passed by "the (approved)(not approved)(repassed after disapproval) by the^----..^^.^^^..„^^ o„ 20.... Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20-— in accordance with the applicable provisions of law. * ctive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- .de basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) S, (CEy local law cosjceoiSjiig Charier revision proposed by petitiosi,) lereby certify that the local law annexed hereto, designated as local law No of 20 f ^ . the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20—., became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the ^unty of — State of New York, having been submitted to the electors at the General Election of November 20...., pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in paragraph 1., above. —r-;;;; ^ (Seal) nof... MARCH 20 ^ 2006 *"^lfrfrTTf thf r*niinlY Inrirrlnthrr Imiljti filyi Timiii iii Villigii (~|i i[i or ofHcer designated by local legislative body i t '■ I h (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK CX>UNTYOF TOMPKINS I, the underei^ed, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ATTORNEY FOR THE TOWN Title -Goamy ^of ITHACA Town c^ilJage^ liADate: (3) March 13, 2006 Town Board Meeting ATTACHMENT #3 I inrnl J nvu Pilirsa new york state department of stateIjOLUI i^uw ruing street,albany,ny 12231 ^,^1^ _ r S (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. *=€0UJltjL. -eity . ITHACA Town Vlll&ge Local Law No of the year 20..^^ A local law AMENDING..CHAPTEE-230..0E-.THE-T0WN-0E-ITHACA-C0DE.^-.TI.TLED (insert Title) ...."STREETS„AND.SIDEMLKS.'.'^..TQ..ESTABLISH..TQKNAS..ASSUMP.TL0N ..-.PF..QMERSHIPj,..MAINTMMCE„MD .LIABILITY„F0R..HAN^^^^ ....MAD .MLKWAY ■; Be it enacted by the TP]yN__BOARp_ of the (ifcme of Legislative Body) jCiiuiity—-^^of ITHACA 3, <3^lllage SEE ATTACHED PAGE DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA ' LOCAL LAW NO. 5 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED "STREETS AND SIDEWALKS", TO ESTABLISH TOWN'S ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY Be it enacted by the Town Board ..of the Town of Ithaca as follows: Section 1. Chapter 230 of the Town of Ithaca Code, titled "Streets and Sidewalks", is amended by adding Article 111, titled "Hanshaw Road Walkway", Section 230-10, titled "Ownership, Maintenance and Liability", as follows: "ARTICLE HI HANSHAW ROAD WALKWAY § 230-10. Ownership, Maintenance and Liability. If a Town-sponsored walkway is built along part or all of Hanshaw Road within the Town of Ithaca, the Town will assume ownership and maintenance responsibilities for said walkway within the Town, and the Town will further assume liability for its negligent acts and omissions related to defects in, or snow or ice upon, said walkway within the Town; provided, however, that nothing in this section shall be deemed to dispense with the requirement of advance wntten notice to the Town of the defect or the existence of snow or ice thereon, or with the requirement that the Town have the opportunity to repair or remove the same within a reasonable time after receipt of such notice, as set forth in Town Law Section 65-a, as conditions precedent to liability." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. I \ f \ ( S A CHIMNEY FOR THE SWIFTS: An Action Proposal Submitted by Richard B. Fischer g g H fl w n fill lJu JUL 2 1 2004 j town OF ITHACAPLANfNtNG. ZOMiiVG ENGINEERING Of all the birds listed in the American Ornithologists' Union checklist of North American birds, the chimney swift holds the record for speed when flying. It also has the longest migration of any of our song birds. If you are so fortunate as to see a clumney swift, it will be in flight, because swifts do not perch on tree branches, utility wires or telephone poles. Instead, swifts go to roost in cavities, such as hollow trees, bams, or chimneys. They simply do not sit around, like our other birds. They cling to the inside of the chosen cavity, with legs that are armed with powerful, needle-sharp claws. This is where we enter the picture. Throughout most of the eastem United States, the chimney swift is in danger: roosting and nest building places are becoming increasingly scarce. What can we do about it? We can build artificial chimneys, and experience has shown that the birds will use them, not only for nesting sites, but also as resting places while on their long migration to and from the headwaters of the Amazon Basin. In Austin, Texas, a bird-lover who was aware of the swifts' need for places to live and rest, wondered if chimney swifts would accept an artificial chimney. So, to answer this question, she constructed a tower. The swifts accepted the invitation. And the idea caught on. That was in the year 1925, and there are now many such towers in the Austin area. Together, they produce hundreds of chimney swifts each year. I propose a tower to be built "behind" Pine Tree Road, at some point yet to be determined along the new walkway. It would be a simple but attractive structure, approximately 16 feet high and 30 inches across, using local lumber and simple construction methods. The authorities in Chimney Swift towers are a great husband and wife team named Paul and Georgean Kyle. They reside in Austin, where they also operate a rehabilitation station for sick and injured wildlife. They are prepared to offer their considerable expertise to this project and serve as advisors. I see this as an unusual opportunity to enhance the quality of life for town residents, while simultaneously aiding one of our native birds. It would stand as a silent reminder that humans can improve the environment for birds as well as for man. This short proposal assumes many details left for later discussion and implementation. I look forward keenly to working with you on this project. Ch S w iftim ney ^ w Nest Site Research Project Driftwood Wildlife Association P.O. Box 300369 Austin, Texas 78703 Chimney Swifts historically nested and roosted in hollow trees. As American pioneers moved westward across the continent, they cleared forests and removed the swifts' natural habitat. The birds that Audubon called American Swifts became known as Chimney Swifts as they readily adapted to the masonry chimneys erected by those same pioneers. Over the decades, the range of the swifts expanded and their numbers swelled with the ever increasing availability of this new, man-made habitat. However, changes are again challenging this adaptable species. The North American Chimney Swift Nest Site Research Project is an effort to promote Chimney Swift conservation by identifying and monitoring existing nest and roost sites, educating property owners about the beneficial nature of Chimney Swifts as insectivores, designing, installing and monitoring new structures specifically for use by Chimney Swifts as nest and roost sites. Our newsletter, Chaetura, is distributed to hundreds of volunteer Research Associates all across North America. We hope that you will join us! Paul and Georgean Kyle Project Directors WHAT IN THE WORLD IS THAT SOUND ? Chimney Swifts create a variety of sounds during their stay with us in North America during the warmer months. There is the "whooshing" sound of their wings as they come and go from the chimney. They utter a gentle "chippering" as they socialize with one another in the roost during nest-building and at night. The most audible sounds are those of the young which have two basic vocalizations: the feeding call which is a very loud, high-pitched "yippering" as they beg for food from the returning parents, and their mechanical, hissing alarm call which they make when disturbed or frightened. As long as the young are making the loud feeding call, they are incapable of sustained flight and are completely dependent on their parents for food. Homeowners' tolerance during this critical period of the swifts' development is very important. If the young are forced from the chimney during this period, they will perish — slowly starve to death over a period of several days. The parents are unable to care for them outside of their chimney. Once the sound of the young becomes noticeable, they are usually only 10 days or so from fledging. Keeping the damper closed and packing the fireplace with insulation can dampen the sound to tolerable levels. If additional incentive is needed to allow the swifts to continue their breeding cycle, consider this: the raucous sound emanating from your fireplace is the sound of thousands of annoying mosquitoes, biting flies and flying ants being converted into beautiful, graceful migratory avian insectivores which will consume thousands more of the insect pests we swat and curse during the summer months. Chimney Swifts, like many of our precious Neotropical migrants, are declining in numbers throughout North America. We should all be concemed about their plight and do whatever we can to encourage their survival. They do not require acres of unspoiled wilderness, expansive wetlands or complicated wildlife management plans. They only require one square foot of unused column like our chimneys diurng the summer when we don't need them...and a little tolerance. LIFE HISTORY OF THE CHIMNEY SWIFT The Chimney Swift is one of four regularly occurring species of swifts found in North America, and the most common one found east of the Rocky Mountains. As their name implies, they are accustomed to building their nests in chimneys as well as abandoned buildings and occasionally stone wells. Adult Chimney Swifts are most commonly seen in flight — usually in groups. When soaring, their long, scythe-shaped wings span about 12.5 inches supporting a proportionally short body with a squared-off tail. The flickering, bat-like flight when flapping is due to short, massive wing bones. Chimney Swifls' flight is accompanied by a sharp "chippering" or "ticking" call. At rest, an average 5 inch, 22 gram adult is sooty-gray to black with the throat silvery-gray in color. Both sexes are identical in appearance. The long wings cross by an inch or more over the tail feathers, which are tipped by pointed bristles. The claws and tail bristles are used to cling to rough vertical surfaces. Swifts are unable to perch or stand upright in passerine fashion. Chimney Swifts winter in the Amazon Basin of Peru. They arrive in the continental United States in late March and are gone by early November. Nesting begins in May, and has been known to continue into August. Chimney Swifts are usually single-brooded, and there will be only one active nest in any structure regardless of the size of the site. The female normally lays three to five white eggs in a nest of twigs which are broken from the tips of tree branches, glued together with saliva and attached to a vertical surface. Both sexes are involved in nest construction. The eggs are incubated by altemating adults for eighteen to nineteen days. Chimney Swifts catch flying insects on the wing. Baby Chimney Swifts are fed by both Newly hatched Chimney Swifts are naked and completely helpless Five day old Chimney Swifts have pin feathers on their heads and bodies When ten days old. the tips ofthe swifts' flightfeathers begin to unfurl Fledgling swifts will exercise by "practice-flapping " while clinging tightly to the nest or chimney wall ■» j «*» Chimney Swifts congregate in the fall at suitable roost sites parents. The feeding continues until tho \ birds fledge from the chimney about 30 days after hatching. The hatchlings are pink, altricial and completely naked at birth. They have sharp claws which enable them to cling to textured surfaces. Within a few days, black pin feathers begin to appear. The young are able to climb, and they exhibit preening behavior even before their feathers emerge. By the time they are eight to ten days of age, the babies' feathers begin to unfurl. By fifteen to seventeen days of age, their eyes begin to open. Shortly after their eyes open, most of the flight and body feathers will be unfurled. However, the feathers around the face and head will stay in sheath for several days ~ giving the birds a "frosty-faced" appearance. By the time Chimney Swifts are 21 days old, they will cling tightly to the,^«*^ nest or chimney wall, rear back anc flap their wings furiously until they are' ^ panting and out of breath. Twenty; eight to thirty days after hatching, young Chimney Swifts will leave the safety of the chimney for their first flight. Once an entire brood has fledged, they will fly with their parents in slow, noisy parades around the area of the nest site. The young will return frequently to the roost during the fi rst few days, but may soon begin to visit other roosts in the area. At the end of the breeding season, the swifts' communal instincts peak prior to fall migration. They congregate in flocks of hundreds and even thousands at suitable roost sites. Although Chimney Swifts can withstand a few early cool snaps, they will usually ride south on the fi rst major cold-front that blows through in the fall. This is an edited excerpt from Rehabilitalior^^^\^ and Conservation of Chimney Swifts, Fourth Edition by Paul and Georgean Kyle^ Copyright. 2004 CHIMNEY SWIFT TOWER DESIGN BASICS metal flashing ■exterior sheathing ' Air space / insulation r*x4" spacers Experimentation with new materials, designs and methods of installation continue. However, several principals are known towork well in wooden Chimney , rL. - . , .•' Top piece with reouceaopeningSwift towers. I 1 on north side Heavy texture on the inside is , I essential. 5/8" Textured 1-11 'siding is readily available and fi ashmg ^ easy to work with. [ | Wooden towers should be double-walled with a space between the inner nest chamber \ wall and the outer skin. This trim boards a- space should be filled with some x \ \ . c^ \ \ - — exterior sheathingform of insulation to prevent \ X overheating. A minimum of 3/4" rigid foam insulation is --\v recommended. The recommended minimum height is 8', but 12' is preferable. "3^" The inside diameter should be no Air space/insulation lessthanl4". A 24" band of metal fl ashing ' ' around the top is also mandatory. ---- ' i"x4"spacers This will prevent predators from 5/8"Texturedi-] i siding. ' , With grooves facing inside —*being able to climb the tower and Andrunninghorizomally gain access to the nest chamber. IIZ: The bottom of the tower should be made from 3/4" treated plywood and have a grid of 3/8" holes spaced 1 1/2" apart for IIZI ventilation and installed with ventilation holes ^ wood screws for easy removal. T ^•' * ^— angle steel legsThe top should be also be mader ooooooofrom 3/4" treated plywood and ililsiihave a opening cut that is no more lUUU ^ stecl-reinlbrced concrete fo undationthat half of the area of the inside I i ^—- ^ 1 of the tower. The opening must - . ^ ground level be placed on the north top edge of ' ^" — the tower to exclude as much summer sun from the nest chamber as possible. A free-standing tower on steel legs is easier to protect against ants. A 2" band of Tanglefoot (brand) sticky insect trap can be applied around each leg. A concrete foundation will eliminate the need for guy lines. Towers that are 12' tall will require a 48" x 48" x 10" steel-reinforced concrete slab. Towers that are 8' tall will need a slab measuring 36" X 36" X 6". In areas where frost heave is a potential problem, consult local building codes for advice. In the fall, after the swifts have migrated out of the area, the bottom should be removed and droppings cleaned from the tower. This is a good time to count egg shells and assess the success of the nesting season. Old nests should also be removed at this time. Covering the tower during the winter months will extend the life of wooden towers. 5/8" Textured l-l I siding With grooves facing inside And running horizontally bottom with ventilation holes angle steel legs - steel-reinforced concrete fo undation ground level DRIFTWOOD WILDLIFE ASSOCIATION Page 3 WHY SHOULD I CARE ABOUT CHIMNEY SWIFTS? Chimney Swifts eat nearly one third of their own weight in flying insect pests such as mosquitoes, biting flies and termites every day. Chimney Swifts historically used large, hollow trees for nests and roosts. As the ancient forests were cut down, they learned to use chimneys and other structures instead. Today, just like Purple Martins, Chimney Swifts rely almost entirely on man-made structures for nest sites. Because they cannot perch like songbirds. Chimney Swifts must have deep shafts in which to raise their families and roost at night. Chimney Swifts are protected by State Wildlife Codes and Federal law under the Migratory Bird Treaty Act of 1916. Like all Neotropical Migrants, Chimney Swifts are declining in numbers and need our assistance. Like watching a beautiful sunset, the aesthetic value of observing Chimney Swifts' aerial acrobatics and interactions is a simple pleasure that nature has to offer. WHAT CAN I DO TO HELP CHIMNEY SWIFTS? If you have a masonry or clay flue-tile chimney, keep the top open and the damper closed from March through October to provide a nest site for these insect-eaters. Metal chimneys should be permanently capped to prevent birds and other wildlife from being trapped. Have your chimney cleaned in early March before the Chimney Swifts return from their winter home in South America. Work with local conservation groups to construct Chimney Swift Towers and educate your friends and neighbors about Chimney Swifts. Join the North American Chimney Swift Nest Site Research Project as a Research Associate! HOME CHIMNEY MAINTENANCE: SELECTING AN APPROPRIATE CHIMNEY SWEEP Every chimney needs to be professionally cleaned each year for the safety of the homeowner as well as for the safety of the Chimney Swifts. Although attitudes are changing within the chimney sweeping industry, there are still companies that will remove active nests and kill or discard the young. Before hiring a chimney sweep, ask what action they take when they find birds in a chimney. NEVER hire a company that openly advertises "Bird Removal". Visit our web site at: www.chimneyswifts.org In addition to leaming more about the North American Chimney Swift Nest Site Research Project, you can: [r E 0 learn about wildlife rehabilitation ^ 0 download past issues of Chaetura 0 watch the real-time Chimney Swift Web Cam E 0 order publications from Driftwood ^ 0 learn more about Membership in DWA Send your e-mail to DWA@austin.rr.com North American Chimney Swift Nest Site Research Project is one of several projects of the Driftwood Wildlife Association, a non-profit all volunteer organization supported by tax-deductible contributions. DWA is dedicated to promoting research and providing community education in the areas of wildlife rehabilitation and avian natural history. Membership categories are; S 10.00 Research Associateship $ 30.00 Research Associateship plus one year's Supporting Membership in DWA. DRIFTWOOD WILDLIFE ASSOCIATION P.O. Box 300369 Austin, TX 78703 Artwork and Text by Georgean Z. and Paul D. Kyle Copyright, Driftwood Wildlife Association, 2005 All Rights Reserved Page 4 DRIFTWOOD WILDLIFE ASSOCIATION ■4>1^ T - Ifv*€■ » . '-fei L'L'i^Xi^'i^sS:;'-M. ,^, I~^ ■. Vw^bdiff R«-fciV * , •": *' n ■■<, !(r*'v-*::'p.. ' uite:J » ' -'k;•%/ :«-i(i|:-^ ■■'"■"Sligl'— wL % VV-,,-"r«v> <»' ^ ^ ^ y •^WV'.r V -•■v'^/'# #■ ^ ' *« • ■^ Lr.*'.f--A :•■>-"Location MapProposed Chimney Swift Tower200NA200(4003/7/06 March 13, 2006 Town Board Meeting ATTACHMENT §5 Department of Assessment 128 East Buffalo Street Valeria Coggin Director Jay Franklin Assistant Director February 3, 2005 Town of Ithaca Debra Kelly 215NTioga St Ithaca, NY 14850 Dear Debra, We are sending this letter as an early reminder that your municipality commence with the process of establishing a Local Advisory Board of Assessment Review. For administrative purposes, the panel must be in place by April 1, 2006. If we do not hear from you by the above date, our office will be contacting you on April 4, 2006 to obtain the names of the individuals assigned to the panel. At that time, we will also ask you to (provide us with a date in May for the local hearings at your town hall. The hearings will need to ^ :^ke place between May 8 thru May 19 and will run from 3:00pm - 6:00pm. Enclosed you will also .nd a request from the County Legislature regarding setting the dates for the Local Advisory Board jf Assessment Review. We have scheduled a training session for Local Advisory Board of Assessment Review members for May 2"^ at 9:00 am at our office. Since the Tompkins County Legislature has enacted a Triennial Revaluation Cycle and some procedures have changed since the prior year, we strongly encourage all appointees to attend this training session. Since it is the municipalitv's responsibilitv to appoint people to this board, vou will have to notify appointees of the training date and more importantiv notify appointees of the date and time of the actual meeting. If you should you have any questions, please do not hesitate to give me a call. Sincerely, ^Jay Franklin ^^Assistant Director Mail Address: 128 East Buffalo Street Ithaca, New York 14850 http://www.tompklns-co.org/assessment/ Tel: 607-274-5517 Fax: 607-274-5507 assessment@tompklns-co.org DJ #2 0 Department of Assessment 128 East Buffalo Street Valeria Coggin Jay Franklin Director Assistant Director Local Advisorv Board of Assessment Review The Tompkins County Legislature has requested that when a municipality schedules their meeting date for the Local BAR, they take into consideration the meeting schedule of the Tompkins County Legislature. Starting with this year, all standing committee meetings are scheduled from 3-6 PM. The following list shows the dates when the municipality is requested NOT to schedule their Local BAR meeting. ^ f S City of Ithaca May 8,9,10,16,17,18 Caroline May 10,16,18 Danby May 10,16,18 Dryden May 16,18 Enfield May 16,17 Groton May 9,16,17,18 Town of Ithaca May 8,9,10,16,17 Lansing May 8,9,10,16,17 Newfield May 16,17 Ulysses May 10,16,18 Also, since some legislators have been appointed to serve on multiple Local Boards of Assessment Review, the following list shows the towns that have been requested NOT to schedule their Local BAR meeting on the same date. Multiple towns for the same county legislator • Caroline & Danby • Town of Ithaca & Lansing • Enfield & Newfield Before a municipality considers setting a specific date, it should contact the sister town for coordinating the schedule. Finally, the Department of Assessment has the capability of staffing only 2 meetings per night. If three hearings happen to be scheduled on one night, the Department of Assessment reserves the right to request that one of the municipalities change their meeting date. appreciate your understanding and cooperation in this matter, as our goal is to accommodate f l;jie property owners' best interest. ' ^ Mail Address; Tel: 607-274-5517 128 East Buffalo street Fax: 607-274-5507 Ithaca, New York 14850 assessment@tompkins-co.org http://www.tompkins-co.org/assessment/ / ^ This chapter supercedes § 63 of the Town Law of the State of New York to the extent the provisions of § 63 regarding committees are inconsistent with this chapter. § 18-3. Creation and appointment of citizen advisory committees. The Town Board may, from time to time, create and appoint one or more citizen advisory committees to aid and assist the Town. § 18-4. Members of citizen advisory committees. The citizen advisory committees so created and appointed shall consist of persons who are not members of the Town Board, or persons not members of the Town Board together with Town Board members. Without limiting the foregoing, the Town Board may appoint persons who are serving as Town staff to be members of any such citizen advisory committee. § 18-5. Terms of citizen advisory committee members. Citizen advisory committee members shall serve at the pleasure of the Town Board and may be removed by the Town Board at any time, with or without cause. , § 18-6. Authority of citizen advisory committees. The duties of all citizen advisory committees shall be as stated from time to time by the Town Board. Notwithstanding the foregoing, all citizen advisory committees shall be advisory in nature, and while they may make recommendations on various matters, no such recommendation shall be binding on the Town Board, Town Board committees, or other boards of the Town. § 18-7. Compensation. Citizen advisory committee members shall serve without compensation, except the Town Board may authorize committee members to be reimbursed for out-of- pocket expenses incurred by members in the course of performing their duties, provided such reimbursement is consistent with policies for reimbursement of expenses applicable generally to employees of the Town and appropriation for such expenses are made by the Town Board. § 18-8. Staff advisory committees. The Town Board may from time to time create staff advisory committees, consistingprimarily of Town staff members, to assist the Town. Town Board members may serve on staff advisory committees. The Town Supervisor shall ^ appoint the members of the staff advisory committees, and they shall serve at the ' 'i pleasure of the Town Supervisor and may be removed by the Town Supervisor at ^ ^ any time, with or without cause. The provisions of §§ 18-6 and 18-7 above regarding authority and compensation, respectively, shall apply to staff advisory ' committees. § 18-9. Inapplicability of this chapter to other committees, boards and appointments. The foregoing provisions of this chapter shall not apply to the following: A. Town Board committees, consisting of Town Board members, which the Town Supervisor has sole discretion to create and appoint to aid and assist the Town Board in the performance of its duties. B. Boards and committees established by other local laws or ordinances, including but not limited to the Planning Board, Zoning Board of Appeals, Conservation Board, Ethics Board, and Records Management Advisory Board. C. Appointments of representatives of the Town to joint boards or joint committees that have been created by agreement with other municipalities or other governmental agencies. Appointments of Town representatives to such joint boards or joint committees shall be made in accordance with the provisions of the respective agreements creating such joint boards or committees, and in the absence of any specific provision governing appointment, shall be made by the Town Board. Such appointments include, but are not limited to, appointments of the Southern Cayuga Lake Intermunicipal Water Commission, and the City of Ithaca-Town of Ithaca- Town of Dryden Special Joint Committee related to the Ithaca Area Wastewater Treatment Facility. Section 2. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. r ^ f \ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Tee-Ann Hunter, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT: NOTICE OF PUBLIC HEARING: CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 230 OF THE TOWN OF ITHACA CODE, TITLED "STREETS AND SIDEWALKS", TO ESTABLISH TOWNS ASSUMPTION OF OWNERSHIP, MAINTENANCE AND LIABILITY FOR HANSHAW ROAD WALKWAY Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: Wednesday, March 1, 2006 Date of Publication: Friday, March 3, 2006 \vig-Qu Tee-Ann Hunter, Town Clerk, Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 3"^ day of March, 2006 tikks Notary Public SwH6052877 . Tioga Cpu.l'y ^ commission Expires December 20 TOWN OF ITHACA NOnce OF PUBUC HEARING NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Ithaca will hold a public hearing at 7:00 p.m. on fhe ISth doy of March 2006 of Town Hpll, 2)5 North Tiogo Street, Ithoco, New YorK, for the purpose of consider ing o proposed local low to omena Chapter 230 of the Town of Ithoco Code, titled "Streets and Sidewolb", to Establish Town's Assumption of Ownership, Maintenonce and Liobilify for Hanshow Road Walkway. A copy of the proposed local Low is on file of the Town Clerk's Office and available for re view during regulor office hours, Moriooy through Fri day 8 a.m. to 4 p.ni.; end FURTHER NOTICE IS HEREBY GIVEN, that at such time ond place oil persons interested in the proposed amendment may be heard concerning the some; ond FURTHER NOTICE IS HEREBY GIVEN, that indi viduals with visuol or hear ing impairments or other special needs will be provid ed with assistance os neces sary, upon request. Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the pub lic hedfing. Dofe: March 1,2006 Tee-Ann Hunter Town Clerk 3/3/06 f March 13, 2006 Town Board Meeting ATTACHMENT #6 J r>.nnl J n\A J NEW YORK STATE DEPARTMENT OF STATEJ^OCUl JUUVV 1 UUl^ 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) \ Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Ctfuiily- of LTHACA Town .SOUage- Local Law No -6. of the year 20-0.6.. A local law --...AM®DJNG. TOE ..C.OJ)E..O.F...TJHE...T.O.WJi..aF-..LTJHACA..T.O..ADD..A..NE3y.. (Insert Title) .....CmP.TER..18...aQ.y.ERNlNG..TEH..CJREA.T.L0Ji.AJm.AJPI>.0TNTMENT..DE.. .....CJTJZM..4ND. STAFF.. APVJS0RX..CPMI^^^^ .....OF..ITEACA Be It enacted by the .....T-Q.W...P.QARD of tjjg (Name of Legislative Body) "County n of I.THACA as follows: Town ¥i4toser r S SEE ATTACHED PAGES 1-3 DOS-239 (Rev. 11/99) (If additional space Is needed, attach pages the same size as this sheet, and number each.) (1) TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2006 A LOCAL LAW AMENDING THE CODE OF THE TOWN OF ITHACA TO ADD A NEW CHAPTER 18 GOVERNING THE CREATION AND APPOINTMENT OF CITIZEN AND STAFF ADVISORY COMMITTEES FOR THE TOWN OF ITHACA Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Code of the Town of Ithaca is amended by adding a new Chapter 18 entitled "Citizen and Staff Advisory Committees" reading as follows: Chapter 18 CITIZEN AND STAFF ADVISORY COMMITTEES § 18-1. Legislative authority. §18-2. Supercession of Town Law. / \ §18-3. Creation and appointment of citizen advisory committees. n ^ § 18-4. Members of citizen advisory committees. § 18-5. Terms of citizen advisory committee members. § 18-6. Authority of citizen advisory committees. § 18-7. Compensation. § 18-8. Staff advisory committees. § 18-9. Inapplicability of this chapter to other committees, boards and appointments. §18-1. Legislative authority. This chapter is adopted pursuant to § 10, Subdivision l(ii)d(3), of the Municipal Home Rule Law of the State of New York. §18-2. Supercession of Town Law. ^ (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) ' V. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No 3. of 20-Q-^-. of the ... iTmCA was duly passed by the : S.v.ARP. on ..mar..!?..... 20.9.®, in accordance with the applicable provisions of law. (Nam* of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the 7 on 20 ..., and was (approved)(not approved)(repassed after (Name ofLegislative Body) disapproval) by the - and was deemed duly adopted on 20 (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. (Final adoption by referendum.) ^ \ereby certify that the local law annexed hereto, designated as local law No. of 20 >the (County)(City)(Town)(Village) of was duly passed by the on 20-— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the — on 20 Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the— on 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 20— , in accordance with the applicable provisions of law. I ^active Chief Executive Officer means or includes the chief executive officer of a county elected on a county- ./ide basis or, if there be none, the chairperson of the county iegislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) aereby certify that the local law annexed hereto, designated as local law No. of 20 ^ . the City of - - having been submitted to referendum pursuant to the provisions ofs' ^ section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20-—, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20—., pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit ies of said county as a unit and a majority of the qualiHed electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same IS a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in dicated in paragraph 1 , above. ^ ^ (Seal) not..- MARCH 20. 2006 f Clerk of thtCtwuly Lgklailvtt UodyrGilyvTown orJWHago-CIerk or officer designated by local legislative body (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) » j STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature attorney for the town TTtie ^.County— —of ITHACA ^ Town 1 3- I ( Date: (3) March 13, 2006 Town Board Meeting A CEIV I).A # 3 ij' ATTACHMENT #7 f J TOWN OF ITHACA ^ ^ PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, ENVIRONMENTAL PLANNER^^ DATE: MARCH 6, 2006 RE: 1) UPDATING "PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS TARGET AREAS" MAP 2) AUTHORIZATION FOR APPRAISAL SERVICES ON TWO PARCELS Attached are materials relating to the Town's Agricultural Land Preservation Program for consideration at the March 13, 2006 Town Board meeting. The Town has recently received two new applications from farmland owners who are interested in agricultural conservation easements through the Town's Agricultural Land Preservation Program. The two properties total approximately 130 acres and are both currently being farmed as either a fruit and vegetable farm (Cummins) or open fields of com, hay and soybeans (Drake). Both properties are located on West Hill and are within the Town's Agricultural Zone and the Tompkins County Agricultural District No. 2. Along with the application to the Town, both of the applicants, based on initial conversations, are willing to participate with the Town in applying for a grant through the State of New York farmland protection program. While the grant request has not been released yet, it is anticipated that it will be released sometime in April with a June submission date for the application. In anticipation of this grant, there are a couple items that can be started at this point to prepare for the application. The Agricultural Land Preservation Advisory Committee met on Monday, February 27'^^ to discuss these two new applications and the activities that need to be accomplished in preparing for the State grant application. The Committee recommended pursuing both of these new applications, starting with updating the target areas map and having appraisals completed. Target Areas Map: The two properties submitted to the Town's program are not located within, but are adjacent to, the original target area designated in the 1999 Policy and Procedures Manual. For the Town to proceed with pursuing easements on the properties, these two parcels should be included in the target area. Having them included in the target area will also be important with presenting the grant applications to the Tompkins County Agricultural and Farmland Protection Board (they must endorse all applications to the State) and the State. As mentioned above, both parcels are located within the Town's Agricultural Zoning and the County Agricultural District and they are adjacent to existing target areas. The original targets areas were never analyzed by parcel and were designated in the Park, Recreation and Open Space Plan only by general areas to include. The Policies and Procedures Manual discusses that the Targets Areas Map can be "amended from time to time by formal resolution" if necessary (pg. 4). Included is a ' ^ draft resolution updating the map along with a couple of maps showing the location of , . the two parcels and the Target Areas map. ^ Appraisals: The first step in pursuing the conservation easement is to have an appraisal completed for each property. As mentioned above, the Agricultural Land Preservation Advisory Committee has recommended an appraisal be completed for each property as discussed at the February 21^^ meeting. The completed appraisal will provide the property owner their first estimate of what the Town can offer and they can decide if they would like to continue pursuing the easement with the Town. The appraisal will also give the Town a dollar value we are more confident using to include in the State grant application, instead of just an estimate by staff. I have obtained cost estimates and general timeframes to complete the appraisals from two qualified appraisers and have attached both proposals. While the Town has used North East Appraisals in the past and that proposal is cheaper. Planning Staff is suggesting that the Town use Pomeroy Appraisal Associates for these two new appraisals. Pomeroy appears to have a significant amount of experience doing appraisals for conservation easements and it might be nice to try a different appraiser to see if the end values are any different than we have received in the past for other properties. The Tompkins County Agricultural and Farmland Protection Board and the Cooperative Extension recently used Pomeroy for a conservation easement proposal in the Town of Lansing, and were very happy with the company and the overall appraisal value they received. Included are copies of both appraisal proposals along with a draft resolution allowing staff to proceed with having the appraisals completed by Pomeroy (resolution can be changed to North East at the meeting if the Board desires). Please contact me at 273-1747 or email me at msmith@town.ithaca.nv.us if you have any questions prior to the meeting. Enc. ' t I ^ jbltural Land PreservationAdvisory CommitteeExisting and Town Conservation Easement Propc.-.-^ ^Shefneld RdiiiiHi*\ w-. \\ \■.\<>.\'--\\\' .-Nviiiiiilik\W<.->skvk<k»iimkki^^Wxkx'^k>kk^iMkMkkwwvww \\ xN wxN'r§mMkk>k$kk^kkk;W .N "< N - XV • V\ \ \\V X SN '.X vx V V X\ \x vX XXX XV XN XxX>XX-:XX\\ REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, MARCH 13, 2006 TB RESOLUTION NO. 2006 - : APPROVAL OF REVISIONS TO "PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS TARGET AREAS" MAP (MARCH 1999. UPDATED MARCH 13. 2006) WHEREAS, the Town of Ithaca has received agricultural conservation easement applications from two landowners who's properties are not located within the original target areas identified in the Policies and Procedures Manual, and WHEREAS, both of the properties are located within the Town's Agricultural Zone and within the Tompkins County Agricultural District No. 2, and WHEREAS, both properties are located adjacent to other properties located within the original target area boundaries, and WHEREAS, both properties are currently in active agriculture use, and WHEREAS, the Town's Agricultural Land Preservation Advisory Committee has reviewed the updates at a meeting on February 27, 2006, and recommend the two parcels be added to the target areas map, and WHEREAS, at the regular meeting on March 13, 2006, the Town Board of the Town of Ithaca has reviewed the revised targets areas map referenced above, and WHEREAS, this action is a Type II action pursuant to Part 617.5 of the New York State Environmental Quality Review Act, and Chapter 148 of the Code of the Town of Ithaca titled "Environmental Quality Review", thereby not being subject to further environmental review, NOW, THERFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and accepts the revised "Purchase of Agricultural Conservation Easements Target Areas" map (March 1999, Updated March 13, 2006), and determines that such map shall be inserted into the agricultural land preservation program's "Policies and Procedures Manual". MOVED: SECONDED: VOTE: Cayuga LakeVillage ofCayuga HeightsKAYISRSCity of IthacaParcels to be Added to theAgricultural Conservation EasementsTarget Areas MapMarch 2, 2006Target Areas for Purchase ofAgricultural Conservation Easements(3D Parcels to be added to Target AreaA Purchase of Agricultural ConservationEasements Target AreasTown of IthacaTompkins CountyNew YorkMarch 1999Updated March 13, 2006_c£ —>-I Target Areas for Purchase of ]1 Agricultural Conservation Easements 1JNOTE:Formal deilneaticm of areas to beprotected wlll occur on a parcel byparcel basis.AN^^■P»hP!P^ / Jj \ > 10.5 0 0.5 1 Milesfmwrmx^Map Prepared By;Town of IthacaNY 'l*tOtA> War 07 06 08:53a Ken Gardner 307-273<l703 p.1 f north east appraisals & MANAGBMENT CO.iNC. March 6, 2006 Michael Smith EnvircHimental Planner Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 RE: Proposal for the Appraisal of Agricultural Conservation Easements Tax Parcels #24-1-25.21 & #27-1-15.2 Dear Michael: I am writing to provide you with a proposal to prepare the acquisition of agricultural conservation easements by the Town of Ithaca on Ae abovereferenced properties. My proposal is based on being select^ to prepare both apprasals, as there are efficiencies that can be realized by domg multiple appraials residtmg mreduced fees. If I am selected, I will prepare complete appraisal rep^ wnsistent withthe format ofprevious appraisals that I have prepared for the To^^Ithacam conformance with the Uniform Standards of Professional fee for this assignment including both properties would be p,995. I anticipate that my work would be completed within 30 to 45 d^s of your authorization to proceed. If you have any questions or require additional information please do not hesitate to contact me. Very truly yours, NORTH EASTAPPRAJSAIS & MANAGEMENT CO., INC. Kenneth V. Gardner II President KVG/vcg PO Box 4805. Ithaca. NY 14852^805 1607) 272-9500 Fax [607] 273G7G3 APPRAISAL ASSOCIATES, INC. Real Estate Appraisers - Consultants POMEROY PLACE. 225 WEST JEFFERSON ST., SYRACUSE. N. Y. 13202 TELEPHONE: 315-422-7106 FAX: 315-476-1011 E-MAIL: info@pomeroyappraisal.com http://pomeroyappraisal.com March 6,2006 Mr. Michael J. Smith Environmental Planner Town of Ithaca 215 N. Tioga Street Ithaca, New York 13850 TELECOPY: (607) 273-1704 HARD COPY TO FOLLOW ; !'. i is '.y- -1' n I MAR 7 2006 FEE PROPOSAL to appraise Cummins and Drake Agricultural Conservation Easements Town of Ithaca, Tompkins County, New York Dear Mr. Smith: Request for Proposal: In accordance with your request we submit our proposal for providing a Complete Appraisal prepared in a Summary (abbreviated) Appraisal Report format on the above referenced properties. Date of Appraisal: Each property will be valued as of the date of our inspection. Purpose of Appraisal: The purpose of each report is to estimate the market value of the property both before and after the placement of an agricultural conservation easement, predicated upon a normal marketing period for this type of property unless otherwise requested by the client. Intended Use of Appraisal: The intended use of this appraisal report is for conservation easement purposes. These appraisal reports are not intended for any other use. Intended Users of Appraisal: Each appraisal report is intended for use only by the client and its assigns. Use of these reports by others is not intended by the appraiser. We request that you seek our written authorization before releasing the reports to any other party. Property Interest Appraised: The legal property appraised would be the fee simple interest and the interest subject to the agricultural conservation easement. Scope of Work: The scope of this assignment is for the sole and exclusive use of the client to establish the value of the agricultural conservation easement proposed to be placed on each subject parcel. POMEROY^^^^^ APPRAISAL ASSOCIATES, INC. Mr. Michael J. Smith Page two March 6,2006 \ ' \ This appraisal assignment will be developed and the report will be in conformity with • The Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice • The appraisal guidelines required as outlined by the Office of the Comptroller of the Currency (OCC) mandating the adherence of the Uniform Standards of Professional Appraisal Practice (USPAP) issued by the Appraisal Standards Board of the Appraisal Foundation as established by Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989, as amended since that initial date. Property Description; The properties, both located in the Town of Ithaca, are briefly described as follows, based on information firom the assessor's records: Owner.Tax Man*#?' ,fRoad Tfrbbertv Tvoe' • Stephen Ciunmings 24-1-25.21 1408 Trumansburg Rd.Distribution Facility 41.28 Warehouse, greenhouses, bams Robert Drake 27-1-15.2 N/S Mecklenburg Rd.Farm Vacant Land 91.12 None 1 Appraisal Assignment: ''Before and After Appraisal Analvses": Two appraisal valuations will be completed on each property, commonly identified as the "Before Appraisal" and "After Appraisal". The "Before Appraisal" estimates the value of the subject property before the placement of the ACE (with full development rights) while the "After Appraisal" estimates the value of the property (land plus buildings) with the encumbrance of the ACE. The difference between the two appraisals represents the value of the ACE (i.e. development rights). The "subject property" will consist of land only if no charitable donation is to be made, or land and bnildings if a charitable donation is to be made as all or part of the transaction {see "Internal Revenue Service Requirements" below). The "Before Appraisal" includes the completion of a market study to determine the size range, price range, and frequency of sales of development land in the subject's marketing area. This market study is essential in order to determine how to estimate subject's value as if it were to be sold to developers. Breaking up a large tract of land such as yours more accurately reflects the "highest and best use" of the land for development purposes - developers typically prefer to purchase relatively small (5 to 25 acre tracts) instead of a single 50- or 100-acre parcel so they don't have large capital investments in land; smaller tracts typically sell at higher unit (dollars per acre) prices and more frequently than larger parcels, also indicating that a hi^er total value could be achieved with this method of valuation. Based on our preliminary review of the tax maps and satellite photographs depicting the subject property, it is our initial opinion that each subject property can be divided into two to five rural lots or economic units. > s po'^^OY APPRAISAL. ASSOCIATES. INC. Mr. Michael J. Smith Page three March 6,2006 The "After Appraisal" considers the market value of the subject as a single tract of agricultural land used for agricultural purposes, devoid of all development rights. This after venation analysis will use sales purchased primarily for agricultural usage as well as considering the agricultural potential of the soils. Internal Revenue Service Requirements: If the Federal government is to be involved with this project of preserving farmland (e.g. includes a charitable donation), two requirements must be incorporated into this assignment — the inclusion of all improvements and the analysis of all other related properties. • All buildings on the subject's land must be included in the valuation analyses in order to evaluate the contributory value of each building before and after the placement of the ACE o The Intemal Revenue Service requires this "before and after" analysis of building values in order to determine if the buildings have been enhanced by the ACE whenever donated property is involved o USDA programs require all buildings on the appraised property to be included in the appraisal analysis (we assume that the USDA is not an intended user for this appraisal report) • All other properties not included in the proposed ACE but under similar or related ownerships must be included in the appraisal analyses o IRS requires that all properties under the same ownership must be included so that any enhancement in value realized by the non-ACE property is recognized and deducted firom the gross value of the ACE o IRS also requires that all other property owned by related parties tha,t is in close proximity to the subject property and which may be enhanced by being surrounded by protected farmland must also be included in the appraisal; any increase in said values must also be deducted from the gross value of the ACE • Failure to include either or both of the above-described sets of requirements will result in rejection of the appraisal by the IRS as well as penalties to the appUcants, appraiser and oAer involved parties Based on the information provided by you, we assume that there are no other properties that need to be considered as part of this assignment. If such properties are subsequently identified, then the fees stated later in this Fee Proposal will be subject to change to accommodate the added parcels. Appraisal Experience; Pomeroy's appraisers have extensive valuation experience in all t^es of land and improved properties found throughout Upstate New York, including properties sumlar to the parcel described herein. Lists of recent assignments and projects can be provided upon request. POMEROY^^^^^ APPRAISAL ASSOCIATES. INC. ( \ Mr. Michael J. Smith Page four March 6, 2006 Pomeroy has appraised conservation easements in at least 24 counties in New York, including: Broome Cayuga Cortland Delaware Erie Essex Franklin Greene Hamilton Herkimer Madison Monroe Montgomery Onondaga Orange Oswego St. Lawrence Schoharie Seneca Tompkins Washington Wayne Westchester Ulster The following provides a summary of some of the assignments completed for a variety of clients: : ' .Client ' Number of ApprMsals Wayne County Planning Board 22 Watershed Agricultural Council 27 United States Department of Agriculture 5 NYS Department of Environmental Conservation 12 NYC Department of Environmental Protection 90 Finch, Pruyn and Company *132 1 American Farmland Trust ^10+ 1 Total 298 I \ I \ * One assignment included 132 separate appraisals ^AFT works with individualfarm owners - our records list some assignments under the owner's name and others are listed under AFT Pomeroy currently has four members holding the MAI (Member, Appraisal Institute) designation, recognized as the premier professional appraisal designation by the appraisal industry. The three principal members have about 120 years of combined appraisal experience, and when combined with the rest of the Pomeroy staff, the company offers almost two centuries of experience and skills to assist its clients. In addition, Pomeroy's owners and several of its members hold additional professional designations as well as memberships in over a dozen other appraisal organizations. Pomeroy's principal members have held or are holding elected and appointed officer and committee positions on both chapter and national levels. Examples include: Chairs of several National appraisal committees (Editorial Committee for the American Society of Farm Managers and Rural Appraisers or ASPMRA, National Appraisal Review Committee for ASFMRA, Publications Commission for Valuation 2000 [the largest appraisal convention ever held - July 2000 in Las Vegas], Division of Faculty Committee of Appraisal Institute), President of local chapters (Appraisal Institute, ASFMRA and Intemational Right-of-Way Association); and serving on the Appraisal Institute Board of Governors (5 years) and as District Vice-President for ASFMRA (3 years). PO'^^'^OY APPRAISAL ASSOCIATES, INC. I Mr. Michael J. Smith Page five March 6, 2006 As a bare minimum, all of Pomeroy's principal members and most of its staff are Certified General Real Estate Appraisers in New York State. Information describing some of the experiences of Pomeroy Appraisal Associates and its principal members can be viewed on the firm's website at http:/^omerovappraisal.com. The principal appraiser for this assignment will be Donald A. Fisher, MAI, ARA, president of Pomeroy Appraisal Associates. A copy of his curriculum vitae is attached for your review. Value Approaches to be Used: All three valuation approaches will be considered for this appraisal analysis. Appraisal Report Alternatives: A Summary (limited-format) Appraisal Report can be provided initially if full details of the property and the valuation analyses are not required for your needs at this time. While including the same degree of market research and valuation analysis, the ' description of the property and steps of the v£urious valuation methods are summarized and will not include all explanations and supporting documentation. Such documentation is retained in our files for future needs, if required for future purposes. The Summary Appraisal Report can be expanded to a Self-contained Appraisal Report, as of the same date, for an additional fee. However, if the completion of the Self-contained Appraisal Report requires a second inspection of the property for a new valuation date and/or additional market research will be required, than the fee will have to be re-negotiated dependent upon how much additional time will be required. If a Self-contained (fully-documented) Appraisal Report suitable for financing or court testimony is initially required instead of the limited format letter-type report, it can be provided instead of the Summary Appraisal Report originally described. The Summary Appraisal Report is usually not suitable for financing and is never adequate for court testimony purposes. A Self-contained Appraisal Report must be prepared prior to any court appearance. If a court appearance is likely, we must be notified a minimum of 50 days prior to the trial date to provide adequate time to prepare a Self-contained (court acceptable) Appraisal Report. Based on my understanding of your current needs, the Summary Appraisal Report should be sufficient for this assignment. POMEROY /-^ APPRAISAL ASSOCIATES, INC. Mr. Michael J. Smith Page six March 6,2006 f \ ' \ Types of Appraisal Reports; The Uniform Standards of Professional Appraisal Practice permit two types of appraisal reports: Complete and Limited. The former utilizes all of the applicable valuation methods for the selected property type while the latter report type may include only one or two of the normally accepted valuation methods. In the case of this property, all of the applicable valuation methods will be considered, indicating that this report will be a "Complete" appraisal. Appraisal Fee; Our fees for providing a Sununary Appraisal Report on each of the subject properties is identified in the following table. Fees for both "land only" and "land and buildings" for the Cummins property are included - dependent upon which scenario is required. We require a 50% retainer prior to commencing work, with the balance due immediately upon delivery of the report. The retainer for this assignment is identified in the following table (if it the Town of Ithaca's policy not to pay retainers, please contact me to verify altemative arrangements): Owner " ^ ' / Fee Per, Appra|jsal vApprJaisiF^^. Requ|re|^^ ' Stephen Cummings - "land only"$2,800 $1,900 $950 Stephen Cummings - "land and buildings"$4,500 $3,300 $1,650 Robert Drake - "land only"$2,800 $1,900 $950 I \ ' \ *Discountedfee only if both properties are appraised at the same time; if one appraisal is deleted or droppedfrom the original assignment, then the full appraisal fee will be in effect Accounts that are more than thirty (30) days past due are subject to finance charges of 1.5% per month. Any payments made in satisfaction of this debt will be applied first to the amount of interest due, ^en to the principal. Accoimts subject to collection will require the client to pay all reasonable attorney and/or collection charges in addition to any late charges. Consulting, Preparation and Court Fees: The above fee does not include post-appraisal consulting services (e.g. reviewing other reports, considering supplemental information or altemative scenarios) or preparation and appearance in court or other situations requiring testimony or representation for the appraisal report. The above fee also does not include addition^ valuation scenarios or other projections outside of the scope of the appraisal assignment described in this Fee Proposal. Such time, if required, will be charged at the current rate schedule in effect at the time the services are required. Currently, my rate for consulting and court testimony services is $150 per hour plus out-of-pocket expenses.: ^ Term of Proposal: This proposal is valid for 20 days. PC^ov W APPRAISAL ASSOCIATES, INC. Mr. Michael J. Smith Page seven March 6, 2006 Property Docmnentation Needed: In order to complete this appraisal, the following information will be needed if available and not already provided: • A copy of the deed(s) and any other records of title transfer, including all easements encumbering the property (e.g., utility and conservation easements, land use restrictions, building use restrictions, etc.) • Copies of any purchase offers on all or part of the property being appraised • A copy of the property survey and/or other property maps and aerial photographs • Access to building plans • Copies of any leases that are currently in effect • Itemized income and expense statements for at least 3 years identifying all sources of income and all real estate-related expenses (fire insurance, utility costs, repairs, taxes, etc.) - only needed for the Cummins property if the buildings are to be appraised • Environmental audits or statement certifying the absence and/or presence of any known hazardous substances on the site—itemized by type or material Please indicate with your response which of the above items will be provided by you or your representative. While the above list may seem overly extensive, please be assured that it consists of items that may be necessary and even essential to complete the appraisal on this property. We recognize that other appraisers may not require such an extensive list of materials prior to authorization of an appraisal assignment, but will later beg for extensions when these materials are eventually requested partway into the assignment. We prefer to notify the client upfiront to hopefully prevent any such delays. Appraisal Limitations: We also request that you review and initial the conies of the "Assumptions and Limiting Conditions" and the appraiser's "Certification" which are attached to this proposal, returning them with the signed copy of this proposal letter. The appraisal report to be prepared for this assignment will be subject to these limiting conditions as well as any other conditions deemed appropriate as our investigation and research progresses. If ^ you have questions or concerns involving any of these items, please inquire for a more detailed explanation. POMEROY appraisal ASSOCIATES, INC. Mr. Michael J. Smith Page eight March 6,2006 Appraisal Authorization; The authorized signature of the person responsible for payment of these services on the enclosed copy of this letter or a standard contract from your orgamzation stating these same terms and conditions together with the retainer stated previously (see table in "Appraisal Fee" section) will serve as our authorization to proceed. nelivery Time: We will be able to complete this assignment within 35 to 45 days after receipt of authorization to proceed and the above requested data has been provided. Number of Report Copies; The above fee includes the provision of four copies of this appraisal report to you. Please notify us before completion of the assignment if additional report copies will be required. Thank you for your confidence in our services. If there is anything you would like to discuss further, please call at your convenience. Very truly yours, POMEROY APPRAISAL ASSOCIATES, INC. \ j Donald A. Fisher, MAI, ARA President DAF/bh ends. AUTHORIZED BY: Signature Date Print Name ' \ < \ March 13, 2006 Town Board Meeting ATTACHEMENT §8 TOWN OF ITHACA BOARD PROTOCOL AND PROCEDURES MANUAL a Adopted: Resolution TABLE OF CONTENTS OATH OF OFFICE 5 FOREWORD 6 CHAPTER 1 INTRODUCTION AND OVERVIEW .1 1.01 Purpose of Board Protocol and Procedures Manual 7 1.02 Overview of Town of Ithaca Government 7 1.03 Overview of Basic Town Documents 7 1.04 Orientation of New Members 9 CHAPTER 2 TOWN BOARD: GENERAL POWERS AND RESPONSIBILITIES 10 2.01 Town Board Generally 10 2.02 Role of Board Members 10 2.03 Role of Town Supervisor 11 2.04 Absence of Town Supervisor and Board Members 12 2.05 Appointment of Town Officials 12 2.06 Appointment of Department Heads and Staff 13 2.07 Appointment of Boards and Committees 13 2.08 Incompatibility of Offices 19 2.09 Filling Elected Vacancies 19 CHAPTER 3 INTERACTION WITH TOWN STAFF/OFFICIALS 20 3.01 Overview 20 3.02 Administration of the Town 20 3.03 Board Relationship to Administration 20 3.04 Town Board/Town Supervisor Relationship 20 3.05 Town Board/Town Staff Relationship 20 3.06 Town Board/ appointed Board Relationship 21 3.07 Town Board/ Attorney Relationship 21 3.08 Roles and Information Flow 21 3.09 Dissemination of Information 22 3.10 Staff Relationship to Advisory Bodies and Consultants 22 3.11 Restrictions on Political Involvement by Staff 23 CHAPTER 4 TOWN BOARD MEETINGS 24 4.01 Meeting Schedule 24 4.02 Public Notice of Meetings and Hearings 24 4.03 Special Meetings 25 4.04 Organizational Meeting 25 4.05 Site Visits 25 4.06 Political Caucuses 25 4.07 Development of the Agenda 26 4.08 Recording of Meetings and Retention of Information 26 4.09 Order of Business 27 4.10 General Procedures 30 DRAFT 4/20/2006 7bw« ofIthaca Protocol and Procedures Manual — 2 n n 4.11 Open Meetings Law 31 4.12 Emergency Evacuation Plan 31 CHAPTER 5 RULES OF ORDER 32 5.01 Basic Steps to Conducting Business 32 5.02 Meeting Decorum and Order 32 5.03 Order of Discussion 32 5.04 Obtaining the Floor 33 5.05 Questions to and Comments from Staff 33 5.06 Making a Motion 33 5.07 Seconding a Motion 33 5.08 MODIFY Motion by Maker 34 5.09 Stating the Motion 34 5.10 Amendment to the Main Motion 34 5.11 Postponement of Business 34 5.12 Tabling a Motion 34 5.13 Voting Procedures 35 5.14 Other Protocol 35 5.15 Questions Regarding Rule of Order 35 5.16 Adherence TO Rules OF Order 36 5.17 Suspension of Rules 36 CHAPTER 6 BOARD CORRESPONDENCES 37 6.01 Overview 37 6.02 Correspondence from Board Members 37 6.03 Freedom of Information Law 37 CHAPTER 7.CONFLICTS OF INTEREST - CODE OF ETHICS, AND LIABILITY OF ELECTED OFFICIALS 39 7.01 Conflicts of Interest - Ethical Considerations 39 7.02 Ethics Disclosure Statements 39 7.03 Liability 39 CHAPTER 8 BOARD COMPENSATION, BENEFITS AND SUPPORT 40 8.01 Board Compensation 40 8.02 Health and Dental Insurance 40 8.03 Board Expenses 40 8.04 Office Equipment 40 8.05 Mail and Deliveries 40 8.06 Meeting Rooms 41 8.07 Parking at Town Hall 41 CHAPTER 9 ADDITIONAL TRAINING AND RESOURCE MATERIALS 42 9.01 The Association of Towns of the State of New York 42 9.02 New York State Office of the Comptroller 42 DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 3 9.03 New York State Town Clerks assocution 42 9.04 New York State Department of State - Division of Local Government 42 9.05 New York State Department of State - Committee on Open Government 42 9.06 New York State Unified Court System [(800)COURTNY1 42 9.07 New York State Planning Federation [(518) 270-9855] 43 9.08 Cornell Local Roads Program [(607) 255-8033] 43 9.09 Other Reference Materuls on File 43 n APPENDIX TOWN BUDGET CALENDAR TOWN COUNCILPERSON TOWN SUPERVISOR DEPUTY TOWN SUPERVISOR TOWN CLERK TOWN HIGHWAY SUPERINTENDENT STANDARDS OF CONDUCT TIPS FOR SUCCESSFUL PUBLIC SERVICE GLOSSARY OF TERMS BOARDS/COMMITTEES FOR THE YEAR 2005 CHAPTER 32, ETHICS, CODE OF ORGANIZATIONAL CHART APPENDIX #1 APPENDIX #2 APPENDIX #3 APPENDIX #4 APPENDIX #5 APPENDIX #6 APPENDIX#? APPENDIX #8 APPENDIX #9 APPENDIX #1 APPENDIX #11 .44 45 46 48 50 52 54 56 57 58 60 61 66 n n DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual ~ 4 n TOWN OF ITHACA OATH OF OFFICE STATE OF NEW YORK ) ) ss COUNTY OF TOMPKINS ) I do solemnly I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of Town Board Member of the Town of Ithaca, according to the best of my ability. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 5 Foreword There are myriad issues with which public officials become involved. This protoeol and procedures manual imparts useful information on common issues related to local government and the role of members of the Town of Ithaca Town Board, Planning Board or Zoning Board of Appeals. The protocols included in this reference document have been formally adopted by the Town Board, Resolution Number ? -2006. Provisions contained herein will be reviewed as needed, or at least every two years following the biannual elections by the Town Board according to the procedures stated in Section 4.10.F. Revisions adopted by the Board will be incorporated into the Manual by the Human Resources Manager. n DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual ~ 6 Chapter 1. Introduction and Overview As a Board Member, you not only establish important and often critical policies for the community, you are also a board member of a public corporation having an annual budget of several million dollars. The Planning Board and Zoning Board of Appeals are independent Boards responsible in their domain for interpretation of the zoning ordinance, advice, consultation and consideration of appeals and requests for various approvals. For example, the Planning Board has been authorized by the Town Board, pursuant to State enabling statutes, to review and approve subdivisions, site plans, special permits and to provide recommendations to the Town Board and Zoning Board of Appeals on certain matters. The Zoning Board of Appeals is a quasi-judicial body and is authorized to grant use and area variances according to criteria established in State enabling laws, and to issue interpretations of the Zoning code. Board members must remember they are elected or appointed as representative for the good of the whole tovm. 1.01 Purpose of Board Protocol and Procedures Manual The Town of Ithaca has prepared its own protocol and procedures manual to assist the Town Board by documenting accepted practices and clarifying expectations. Administration of Town affairs is greatly enhanced by the agreement of the Board and staff to be bound by these practices. Procedures are established so that expectations and practices can be clearly articulated to guide town officials and staff in their actions. 1.02 Overview of Town of Ithaca Government The Town of Ithaca is a town of the first class, which allows the Town to have a supervisor, six (6) councilmen, a town clerk, two (2) town justices, a town superintendent of highways, a receiver of taxes and other such employees as deemed necessary. As described in the N.Y.S Town Law certain responsibilities are vested in these positions. The supervisor, councilpersons, and town justices are elected officials, with all other positions in the Town appointed. The Town Board's role is that of the Town's executive, administrative and legislative policy-making body that determines not only the local laws and ordinances that regulate community life, but also determines public policy. The Supervisor is a member of the Town Board. In the Town of Ithaca, the Town Board has customarily delegated some powers and duties of administration and supervision to the Town Supervisor. The Planning Board and Zoning Board of Appeals are appointed boards with set terms of office. Planning Board Members serve a seven year term with the duty to review land uses within the Town. Zoning Board of Appeals members serve a five year term and act as a quasi judicial board that reviews requests for variances from the Town's Zoning Ordinance. 1.03 Overview of Basic Town Documents This document provides a summary of important aspects of Town activities and the roles of the people involved. However, it cannot incorporate all material and information necessary for undertaking the business of the Town. Many other laws, plans, and documents exist which bind the Town to certain courses of action and practices. The following is a summary of some of the most notable documents that establish Town Board direction. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 7 A. Code ofthe Town of Ithaca The Code of the Town of Ithaca contains all of the local laws and ordinances currently in effect. The Town maintains bound volumes and electronic versions of the Code that are updated quarterly to include any new legislation. B. Personnel Manual The Personnel Manual documents policies and informs employees of the policies and procedures of the Town of Ithaca (Town) and Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC). Policies and procedures involving the employees are recommended by the Personnel Committee and adopted by the Town Board and SCLIWC where appropriate. Members of the Town Board, boards, committees. Town employees, consultants, and professional service providers are expected to: maintain the utmost standards of personal integrity, truthfulness, honesty, fairness and civility in carrying out their public duties; avoid any improprieties in the role as public servants and never use the Town position or powers for improper personal gain. • Southern Cavuga Lake Intermunicipal Water Commission (SCLIWC) The Commission is the executive body created by an Agreement of Municipal Cooperation, (AMC) in order to, among other duties, manage, serve and operate projects I and H, which consist of a water supply and transmission system. The Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing are parties to this AMC, which is authorized in accordance with Article 5-G of the General Municipal Law of the State of New York and Title 1-A of the Local Finance Law. The Commission has designated the Town of Ithaca to provide specific personnel related services such as payroll and associated reporting. Those functions result in the Town of Ithaca bearing the status of "Employer of Record". Commission employees are subject to the wage structure, benefits, and employee policies of the Commission regardless of the wage structure, benefits and employee policies of the employer of record. For economy of scale, the Commission also participates with the Town of Ithaca in various group health, life, and disability policies covering its employees. Ithaca Town Supervisor also serves as the Treasurer, and therefore, the Ithaca Town Board is responsible for ratifying Commission decisions regarding personnel, bids, and the budget. The Commission is composed of ten Commissioners. Each municipality delegates two representatives, with at least one being an elected official. Each municipality has an equal non- weighted vote. C. Annual Budget The annual budget is an orderly financial plan for accomplishing the goals of the Town. The budget document is the result of one of the most important processes the Town undertakes. The Budget sets forth the proposed appropriations necessary to carry out activities for a year and the proposed means of financing them. By adopting the budget, the Town Board makes policy decisions, sets priorities, allocates resources, and provides the framework for government operations. The time table for presentation and adoption of a town budget is mandated by State Law. See Appendix #1 for Budget Calendar. D. Annual Financial Report The annual financial report includes the financial statements of the Town for a calendar year. Pursuant to Article 3 of the General Municipal Law, every local government must annually DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 8 file a financial report [Annual Update Document (AUD)] with the State Comptroller. This reports the financial condition of the Town as reflected in the balance sheet, the results of operations as reflected in income statements, an emalysis of the uses of Town funds, and related footnotes. The AUD includes statements for the various groups of funds and a consolidated group of statements for the Town as a whole. The AUD must be filed within 60 days of the close of the Town's fiscal year (by February 28^*^.) E. Comprehensive Plan The comprehensive plan is a long-range, general plan that is a statement of policy and a guide to physical development. The comprehensive plan is intended to serve as a guide for achieving the goals and objectives of the Town of Ithaca, which can be implemented through policies, projects, and programs. The primary focus is the Town's physical development, land use patterns and environment. By providing a window onto the Town's vision of the future, the Plan guides the various decisions of officials, staff, and boards, as well as private decision makers. The plan addresses the Town's long-range planning needs relative to land use, open space, transportation, economic development, and other planning elements. The Town's comprehensive plan was adopted by the Town Board in 1993. F. Five-year Capital Improvement Program The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and constructing capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of town services. It is intended to implement policies of the Town Board that have been stated in documents such as the Comprehensive Plan; Park, Recreation and Open Space Plan; eind Transportation Plan (which is under preparation.) The Capital Projects and Fiscal Planning Committee develops a long range Capital Improvement Program and recommends an annual capital budget to the Town Board. Capital projects cover a range of physical improvements in areas such as sewer, water, parks, trails, highway, transportation, and storm water management. This plan can be found in the back of the budget. G. Disaster Preparedness Plan The Town maintains a disaster preparedness plan that outlines actions to be taken during times of extreme emergency. The Town Supervisor has the authority to declare the emergency. The Highway Superintendent directs all disaster response activities. The Town Board may be called upon during an emergency to establish policies related to a specific incident. 1.04 Orientation of New Members It is important for the members of the Town Board to gain an understanding of the full range of services and programs provided by the Town. As new members join the Town Board, the Town Supervisor and Human Resources Manager will host an orientation program that provides an opportunity for members to tour municipal facilities and meet with key staff. Another opportunity for new members is the Association of Towns-sponsored newly elected officials orientation. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations by contacting the Human Resources Manager. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual - 9 Chapter!. Town Board: General Powers and Responsibilities 2.01 Town Board Generally Fundamentally, the powers of the Town Board are to be utilized for the good of the community and its residents, and to provide for the health, safety and general welfare of the citizenry. The Town Board is the policy making and law making body of the Town. The New York State Constitution and State law grant the powers and set forth the responsibilities of the Board. It is important to note that the Board acts as a body. No member has any extraordinary powers beyond those of other members. The Town Supervisor has some additional ceremonial, presiding officer and other responsibilities as described below. When establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the entire Board. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Board to a course of action. Board Members must respect adopted Board policy. In turn, it is staffs responsibility to ensure the policy of the Board is upheld. Effective Town Government is a complicated and daunting task. Informed decision making requires that Board Members prepare themselves for Board or committee meetings. This preparation includes the review of materials provided in advance. These materials may include such items as; agendas, staff memos, draft resolutions, and reports. See Appendix # 8 for Tips for Successful Public Service. 2.02 Role of Board Members The Town Board acts as the policy making, executive, administrative and legislative body of the Town. The Town Board, as a group, is the executive head of the Town. The 7 members of the Ithaca Town Board are collectively responsible for establishing policy, adopting an annual budget, and providing vision and goals to the Town officials and staff. The following outline is a brief description of the various duties of the Board Members. The description is not intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of a Town Board. A. Summary ofBoard Duties and Responsibilities as Provided in, but not limited to, the New York State Town Law, Article 4, § 64. 1. Meetings a. Attend Monthly and Special Town Board meetings b. Attend Committee meetings as assigned 2. Establish Policy a. Adopt goals and objectives b. Establish priorities for public services c. Approve/amend the operating and capital budgets d. Approve contracts over $10,000, or $20,000 if labor costs are included in the costs e. Adopt resolutions DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual -- 10 f. Designate Town Depositories g. Designate Official Newspaper h. Establish Petty Cash Fund i. Acquisition and conveyance or sale of real property j. Management, custody and control of town property k. Appointment to fill vacancies 3. Enact and Amend Local Laws and Ordinances 4. Create and Appoint Boards and Committees a. Appoint Planning Board, Zoning Board of Appeals, Conservation Board and Ethics Board members b. Create and appoint Citizen Advisory Committees c. Create Staff Advisory Committees d. Approve Supervisor's establishment of and appointments to Town Board Committees, unless the Supervisor objects. e. Approve Supervisor's appointments to interagency boards and committees 5. Provide Public Leadership a. Relate wishes of constituents to promote representative governance b. Mediate conflicting interests while building a consensus c. Call special elections as necessary d. Communicate the Town's vision and goals to constituents e. Represent the Town's interest at regional, county, state, and federal levels 6. Decision-Making a. Study problems b. Review alternatives c. Determine best course of public policy 2.03 Role of Town Supervisor A. Presiding Officer The Town Supervisor serves as the presiding officer and acts as chair at all meetings of the Town Board. The Town Supervisor may participate in all deliberations of the Board in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. The Town Supervisor does not possess any power of veto. B. Treasurer- ChiefFiscal Officer The Town Supervisor shall carry out all realms of the accounting function for the Town, as described in Town Law §29. The Supervisor shall demand, collect, receive and have the care and custody of moneys belonging to or due the Town from every source, except as otherwise provided by law. The Supervisor shall have similar duties for special districts in the Town. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual ~I1 C. Budget The Town Supervisor is responsible for preparing the Tentative Budget that is filed with the Town Clerk by September 30"^ and presented to the Town Board by October 5^"^. D. Administrator The Town Board may, by resolution, delegate to the Supervisor the power and duties of administration and supervision of the Town or special improvement district functions to be performed on behalf of the Town Board as provided in Town Law Article 3, § 29(16). The purpose of this provision is to allow the Town to function between Town Board meetings. Such delegation may be reviewed and amended by the Town Board. By this delegation, however, the Town Board may not abdicate to the Supervisor or surrender to him/her the Town Board's basic statutory responsibilities. E. Other Duties The Town Supervisor has other statutory duties as well, including those listed in Town Law §29 and § 125. 2.04 Absence of Town Supervisor and Board Members In the absence of the Town Supervisor, the Deputy Town Supervisor shall perform the duties of the Town Supervisor. When both the Town Supervisor and Deputy Town Supervisor are absent, the Board may choose from among its members a person to serve as acting Town Supervisor, who shall, for the term of such absence, have the powers of the Town Supervisor. If the Town Supervisor or other Board Members will be absent from the Town for more than 7 consecutive days, they shall notify the Town Clerk of such absence. Board Members shall also notify the committee chair or staff support person responsible for the committee for meetings they will miss. 2.05 Appointment of Town Officials The Town Board is responsible for appointing the Town Clerk, Receiver of Taxes, Highway Superintendent and Director of Engineering. The appointees shall hold their respective offices as provided in Town Law § 53-c. The Deputy Town Supervisor is appointed by the Supervisor, or by the Town Board if the Supervisor fails to make an appointment within five days after a vacancy occurs in the office. Deputy Town Clerks are appointed by the Town Clerk; the Town Board may appoint a temporary Deputy Town Clerk if the Town Clerk is absent or unable to act and there is no duly appointed and qualified deputy present and able to act. The Deputy Highway Superintendent is appointed by the Highway Superintendent, or by the Town Board if the Highway Superintendent fails to make an appointment within five days after a vacancy occurs in the office. The Town Clerk and Highway Superintendent have independent duties and authority as described in the Town Law and Highway Law of the State of New York. See Appendix 5 for Town Clerk's job description and Appendix 6 for Highway Superintendent's job description. Public Officers Law § 5 states: "Every officer...whose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified..." DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual —12 2.06 Appointment of Department Heads and Staff The Town Board is responsible for the appointment of Department Heads in compliance with Civil Service requirements. The Town Board will appoint an Interview Committee that will interview prospective candidates and make a recommendation for appointment to the Town Board. 1. Appointment of Additional Management Staff Senior staff members, including: Budget Officer, Human Resources Manager, Network Records Specialist and Recreation and Youth Coordinator, will be appointed by the Supervisor subject to confirmation by the Town Board. 2. Appointment ofDepartment Staff The Town Board shall approve the staff appointments made by the Department Heads and Town Officials. 2.07 Appointment of Boards and Committees The procedures outlined in this manual reflect the policy of the Town Board regarding the appointment of the Town's boards and committees. These procedures ensure that well-qualified, responsible, and willing citizens representing the diversity of the community are given the opportunity to serve the Town and participate in the governing of their community. H. Role ofZoning Board ofAppeals, Planning Board and Conservation Board The Zoning Board of Appeals, Planning Board and Conservation Board are made up of residents of the Town of Ithaca that have been appointed for a designated term of office by the Town Board. Zoning Board of Appeals and Planning Board members are considered town officers. Members of these boards are appointed by the Town Board. 1. Zoning Board of Appeals (ZBA) was created October 7, 1954 following the approval of the first Zoning Ordinance. The ZBA is a quasi judicial board of five members that reviews requests for variances from, and provides interpretations of, the Zoning Ordinance. The ZBA has independent powers granted to it by the State of NY. For more information refer to Code of the Town of Ithaca, Chapter 270, § 235. 2. Planning Board was established May 5, 1955. The Planning Board is a seven member review board for land use as authorized by Town Law. The Planning Board has independent powers granted to it by the State of NY. For more information refer to Code of the Town of Ithaca, Chapter 270, § 236. 3. Conservation Board was established on April 12, 1993 to assist the Town in the development of sound open space planning and assure preser\'ation and protection of natural and scenic resources. The Conservation Board is an advisory board to the Town Board, Zoning Board of Appeals and Plaiming Board. For more information refer to Code of the Town of Ithaca, Chapter 23. I. Creation and Role of Other Boards and Committees Section 63 of New York State Town Law slates that "...the supervisor may. from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties." Pursuant to this provision, only Town Board members may serve on Town Board Committees. In addition, NY town government commonly establish citizen advisory committees to advise and support town governments in carrying out their duties. DRAFT 4/20/2006 Town ofIlhaca Protocol and Procedures Manual —13 Furthermore, the Town of Ithaca has recognized the immense contributions of town officers and staff to effective committee functioning. Therefore, the Town of Ithaca adopts the following committee structure for the Town. • Town Board Committees are committees created by the Town Supervisor consisting of three Town Board members, unless the Supervisor's objects. Staff, other board and community representatives participate as resources, as appropriate. Town Board members are appointed by the Town Supervisor and, by tradition in the Town of Ithaca, with the consent of the individual board members and the approval of the Town Board, unless the Town Supervisor objects. • Citizen Advisory Committees are committees that include members from outside the Town Board. Three Town Board members may be appointed to each as members. Citizens Advisory Committees are created by the Town Board as authorized by local law. Members are appointed by the Town Board. • Staff Advisory Committees are committees that address internal staff issues. Board members may be appointed to such committees, and Board and community members may attend as liaisons or resources as appropriate. Staff Advisory Committees are created by the Town Board. Members are appointed by the Town Supervisor, subject to approval by the Town Boaid. Minutes/notes will be taken at all committee meetings, and will be on file at the Town Clerk's office. J. Qualifications It is the desire of the Town to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate desire to serve on such boards or committees. Persons wishing to be considered for appointment will submit to the Town Clerk's Office a letter with a detailed description of their interests and experience and a resume, if available. Inasmuch as the qualifications and terms of service for the Planning Board, Zoning Board of Appeals and Conservation Board set forth in the Town of Ithaca Code may differ from each other, it is the policy of the Town Board to evaluate each applicant on an objective basis, utilizing the following criteria: 1. Residency - Residency requirements for advisory boards and committees are noted in applicable sections of the Town of Ithaca Code. 2. Geographic. Economic. Ethnic and Racial Balance - Consideration should be given toward maintaining a reasonable balance of community and area representation on all boards and committees. To increase broad community involvement, the Town Board's goal is to appoint many different citizens to committees. The Town Board will strive to avoid appointing citizens to serve as members of more than one board, committee or commission at the same time, except on certain boards and committees as established by Board resolution. The Town Board will strive to avoid appointing multiple members from the same family or household to a single board or committee, in order to avoid the reality or appearance of improper influence or favor, except on the Agriculture Committee. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 14 The Town Board will strive to avoid appointing members of Town Board Members' families or households to boards or committees to avoid the appearance of favor and to increase community representation 3. Occupation - The Board will attempt to maintain a broad mix of occupational backgrounds on all boards and committees. 4. Knowledge of Municipal and Planning Process - When ranking equally qualified applicants, the Board will consider background experience and knowledge of the municipal process as appropriate to the position. 5. Contributive Potential - The Board will evaluate the potential contribution that each applicant may make if appointed to a board or committee. Criteria to guide the Board in its evaluation may include: a. Ability to communicate b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies d. Desire to participate in decision-making process e. Availability and understanding of time commitment f. Willingness to attend training as needed for the position. 6. Leadership Potential - Since each appointee may be called upon to serve as a Chair, the Board will evaluate leadership abilities, such as: a. Past or present leadership experience (current employment, special interests, etc.) b. Past or present participation in community services c. Expressed interest in a leadership role Points 4, 5, and 6 should be considered in balance with the goal of achieving broad representation (point 2). It is recognized that past leadership or service on community boards can be a self-perpetuating criterion that can lead to a reduction in the size of the pool from which committee members are drawn. K. Appointment Process for Zoning Board of Appeals and Planning Board The Town Board will appoint an Interview Committee to interview candidates and make a recommendation of appointment. The Town Board will review the recommendation of the committee and consider making appointments. 1. Interview Process - The Board shall establish an Interview Committee to interview each applicant individually, consisting of at least one Town Board Member and the Committee or Board chairperson. 2. Committee Evaluation - After each applicant or member is evaluated, the committee will deliberate and reach a decision on a recommendation. The recommendation will be forwarded to the Town Board for consideration of appointment. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 15 3. Decision & Announcement — The Town Board will consider the recommendation of the Interview Committee and vote on the appointment. Each applicant will be notified by mail of the decision of the Board. E. Appointments 1. Appointment of Members to Planning Board. Zoning Board of Appeals. Ethics Board and Conservation Board The Town Board is responsible for appointing members to the Planning Board, Zoning Board of Appeals, Ethics Board and Conservation Board based on an established term of appointment. Refer to Town Law, Article 16, | 267 and B 271, and Code of the Town of Ithaca. Chapter 32. Refer to other parts to this section 2.07 for more information on process of appointment, reappointment, resignations, filling vacancies and rules of conduct. 2. Appointments to Town Board Committees and Citizen Advisorv Committees Three Town Board members will be appointed to each Town Board Committee unless the Supervisor objects and. where appropriate, each Citizen Advisory Committee. Except for the Agriculture Committee, one Town Board member will be designated as the chair. Each member of the Town Board will be a member of at least two committees unless the Supervisor objects. No member of the Town Board will chair more than one standing Town Board committee, unless the Supervisor objects, or one Citizen Advisory Committee. At least one member of the staff will be assigned to support the activities of each Town and Citizen Advisory Board Committee. Other members of the Town Board may attend and observe any committee meeting, but may not participate in the discussions unless authorized by the committee chair or the meeting has been advertised as open to the public. F. Reappointment Criteria At such time as reappointment is considered, the Board will be guided by the following performance criteria: 1. Regularity of Attendance 2. Understanding of board or committee function 3. Demonstrated leadership 4. Active participation 5. Demonstrated contribution during past term of office on issues, programs, policies, etc., of the advisory board or committee 6. Demonstrated ability to act within the bounds of regulatory expectations of board or committee 7. Demonstrate ability to work toward the goal of the board or committee. G. Board and Committee Resignations 1. Resignations from the Planning Board, the Board of Zoning Appeals, and the Town Board are prescribed in Public Officers Law § 31. A town officer must resign by delivering her/her resignation in writing to the town clerk. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual —16 n 2. For other boards and committees, members must submit a signed letter of resignation to the Town Clerk. After three unsuccessful attempts to secure a letter of resignation from a member who has verbally indicated he or she is resigning, the Town Board can declare the seat vacated and has the right to fill the vacancy. Following receipt and acceptance by the Town Board, the Town Clerk is authorized to advertise such vacancies according to the process set forth in the next section (see below). H. Filling of Vacancies on Boards and Committees for Appointed Positions Vacancies on Boards and Committees will be filled to complete the remainder of term of the vacated position. The Town Clerk or his/her designee will: a. Announce the position vacancy and filing period by publication of it in the official newspaper of the Town of Ithaca.. b. Attempt to notify residents of the community who have indicated interest in serving on a Town board or committee. c. Notify the Chairpersons of the appropriate advisory board or committee of the vacancy. d. Notify the incumbents of advisory boards and committees whose terms are expiring and invite incumbent to consider reapplying. /. Representation on Non-Town Boards and Committees Board Members are often requested to serve on outside boards, commissions, or committees. This type of representation serves to facilitate communication and provide interaction with other governmental bodies. The Town Board appoints members to some of these groups on an as-needed or as-requested basis. Where applicable, the Town Board will appoint an alternate to attend outside boards, commissions, or committees, if the main delegate to such group is unable to attend a meeting of the group. The main delegate will notify the alternate as soon as possible after the main delegate realizes he or she will be unable to attend an upcoming meeting of the outside group. Board Members participating in policy discussions at regional meetings will represent the consensus of the Board, except where regional appointment requires regional opinion. Personal positions, when given, will be identified and not represented as the position of the Town. Assignment and direction of staff in relation to regional meetings are at the discretion of the Town Supervisor. J. Rules of Conduct By accepting appointment to any Town board or committee, members thereby agree to conduct themselves in accordance with the following rules of conduct. 1. All members of Town boards and committees will abide by all applicable State and Town laws, Town ordinances, and other requirements relating to the conduct of board or committee members, including, but not limited to, conflict of interest statutes, and the State Open Meetings Law. 2. Members of Town boards and committees will not speak in their capacity as a board or committee member, before any other board, committee, administrative officer or DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 17 agency of the federal government, the State of New York or of any county or other municipal corporation, including cities and towns, except as hereinafter provided. Exceptions to the policy set forth above shall be as follows: a. In the event the board or committee has designated the member or members to act as a spokesperson for the board or committee to explain the majority vote and recommendation of that board or committee; or b. In the event the Town Board appoints the member or members to represent the Town before another body; or c. If the member is testifying in such a capacity pursuant to a lawfully issued subpoena. 3. Notwithstanding the foregoing, nothing contained herein is intended to preclude a board or committee member from speaking as an individual citizen. The individual shall clearly identify that he/she is speaking only as an individual citizen and is not in any manner representing or speaking on behalf of the board or committee of which he/she is a member. K. Board Members' Role and Relationship with Zoning Board of Appeals and Planning Board. 1. In accordance with the provisions of state law, Town Board Members shall not be appointed to, and may not serve on the Zoning Board of Appeals or the Planning Board during the term of office as a Town Board Member. 2. Unless a position has been taken by the Town Board, no Town Board Member shall be authorized to state or testify to the policy or position of the Town Board before the Zoning Board of Appeals or Planning Board. 3. Limitations on the conduct of Town Board Members before the Zoning Board of Appeals or Planning Board should be voluntarily undertaken in order to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Special caution should be taken when an issue may later come before the Town Board. Expressing an opinion on an issue may create the appearance of bias before sufficient information, including that from public hearings, has been received. Toward this purpose, the following protocol should be observed: a. The Board Member shall declare at the outset and upon the record that the Board Member is present speaking in a private capacity as an interested citizen. The Board Member may identify him or herself as a Board Member, but must make it clear that he/she is not speaking on behalf of or at the request of the Town Board. b. The Board Member shall refrain from stating or implying that the Board Member's position or opinion is that of the Town Board. c. The Board Member shall refrain from directing Town staff or the advisory body to take any action on behalf of the Board Member. DRAFT 4/20/2006 Town of llhaca Protocol and Procedures Manual —18 n d. The Board Member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. 2.08 Incompatibility of Offices There is no single statutory provision governing dual office holding. Statutory law is usually silent on that question except where the legislature has deemed it best either to prohibit or permit particular offices to be held by the same person regardless of whether they may or may not be compatible under common law principles. Cases construing New York State Town Law, § 20 - address specific times when it may or may not be compatible for a person to hold more than one position. 2.09 Filling Elected Vacancies If a vacancy occurs in an elective office, the Board shall, by majority vote of the entire Board, appoint an individual to serve until the commencement of the calendar year next succeeding the first annual election at which the vacancy may be filled, as provided by Town Law § 64 (5). If a Justice vacancy occurs during their term, the Board shall, by majority vote of the entire Board, appoint an interim Justice to complete that calendar year. An election would be held in November for a new four year term commencing January V\ DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual —19 Chapters. Interaction with Town Staff/Officials n3.01 Overview v f Successful town governments depend upon positive relations amongst the Town Board, Town Supervisor and Town staff. Town Board policy is implemented by the staff. It is critical that the relationship between Board and staff be well understood by all parties so that their respective roles are recognized and that policies and programs may be implemented, successfully. 3.02 Administration of the Town The Town Board's role is to establish Town policies and priorities, and provide for the proper administration of the Town. The Town Board may delegate the authority to implement policies and undertake the administration of the organization. The Town Board customarily has delegated to the Town Supervisor the enforcement of laws and ordinances, direction of daily operations of Town government, and implementation of the policies and programs initiated by the Town Board. Approval of positions, salaries and benefits is the responsibility of the Town Board. Monitoring the budget is the responsibility of the Town Supervisor. It is the role of staff to implement the policies and programs established by the Board and to conduct the day-to-day business of the Town. For further information on appointments refer to Chapter 2. section 2.05 and 2.06. See Anpendix 2 for the current job description for Town Councilperson, Anncndix 3 for ^ Town Supervisor, Appendix 4 for Deputy Town Supervisor, and Appendix 11 for the Organizational Chart. 3.03 Board Relationship to Administration The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from excessive involvement in the day to day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor, Department Head or the Board as a whole. 3.04 Town Board/Town Supervisor Relationship Effective administration of the Town relies on cooperation between the Town Board and the Town Supervisor. Town Supervisor and Board Members, whether in public or private, shall be respectful of one another. When disagreements occur they should be expressed in policy not personal terms. 3.05 Town Board/Town Staff Relationship It is the responsibility of town staff to implement the policies and programs established by the Town Board. Business contact between Town Board Members and Town staff members should be conducted during regular business hours or before, in or after evening meetings, except in the case of an emergency or under mutually agreed upon circumstances. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 20 3.06 Town Board/ Appointed Board Relationship The appointed boards are independent boards that have their own by-laws and governance responsibilities. Town Board members shall not use pressure to influence the vote of a Zoning Board of Appeals or Planning Board member in their role as an individual member of the Town Board. Refer to Chapter 2.07 (J) Rules of Conduct, for information regarding addressing an appointed board. 3.07 Town Board/ Attorney Relationship The Town Board shall obtain legal counsel for the Town, either by appointing a Town Attorney on a full-time or part-time basis, or contracting for such professional services. The Town of Ithaca contracts for attorney services annually. The Attorney(s) for the Town are the legal advisor(s) for the Board, its committees and boards, and all Town officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the Town. The general legal responsibilities of the Attomey(s) for the Town are to: A. provide legal assistance necessary for formulation and implementation of legislative policies and projects; B. represent the Town's interest, as determined by the Town Board, in litigation, administrative hearings, negotiations, and similar proceedings; C. prepare or approve as to form, local laws, ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes and intentions of the Town Board, Zoning Board of Appeals and Planning Board; and D. keep Town Board and staff apprised of court rulings and legislation affecting the legal interest of the Town. It is important to note that the Attorney(s) for the Town represents or gives opinions for the Town as a whole, and not for any individual connected to town government. The Attomey(s) for the Town may represent an individual member in a personal capacity as long as it does not result in a potential conflict of interest. 3.08 Roles and Information Flow A. Board Roles The full Town Board retains the authority to accept, reject, or amend the staffs recommendation on policy matters. Individual members of the Town Board should avoid intrusion into those areas that are the responsibility of staff. These include; staff decision-making, the development of internal recommendations, scheduling of work, and executing department priorities. This allows staff to execute priorities given by management and the Board as a whole. If a Board Member has questions or concerns regarding the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member should bring them to the attention of the Supervisor, Department Head or the Board as a whole, for discussion and consideration. DRAFT 4/20/2006 Town ofllhaca Protocol and Procedures Manual -- 21 B. Access to Information Town Board members may request and receive information from staff that relates to their role and responsibilities as a Town Board member. Information requested shall be famished in a timely manner. Requests should be directed to the Supervisor or to Department Heads in a timely manner, as well. Requests shall be granted unless it is believed that the request is not related to a legitimate Town Board function or time required to fill the request is not currently available. Disputes regarding requests for information from a Town Board member may be discussed and decided on by the Town Board. If so directed by action of the Board, staff will proceed to complete the work within a Board-established timeframe to be determined after consultation with the Supervisor and/or appropriate Department Head. Information provided to a single Town Board member shall be made available to other Board members also. C. StaffRoles The function of staff is to implement policies and initiatives of the Town Board, keep the Board informed, and run the day-to-day operations of the Town. Staff members are obligated to comply with Federal, State and local laws and ordinances. Staffs daily functions are under the supervision of their Department Head or the Town Supervisor, as appropriate. This supervision follows the policy set by the Town Board as a whole. If a staff person believes that someone is improperly attempting to direct or influence him/her, (s)he should inform the Department Head and/or Supervisor. 3.09 Dissemination of Information A variety of methods are used to share information with the Board. Town Board members are provided agendas for and are welcome to attend Supervisor Advisory Committee (SAC) meetings. Board/staff retreats serve to focus on topics and enhance information exchange. The Town Supervisor also provides other information to the Board, such as status reports from inter-municipal agreements. Refer to Chapter 4 Town Board Meetings for more information. Informal meetings between Town Board members and the Supervisor or staff in groups or on a one-on-one basis are encouraged as long as such meetings do not involve a quorum of the Board in violation of the Open Meetings Law. In initiating such meetings, all parties should be respectful of each others' time commitments or scheduling conflicts. 3.10 Staff Relationship to Advisory Bodies and Consultants Staff support and assistance may be provided to advisory boards, committees, consultants and task forces. Advisory bodies, however, do not have supervisory authority over Town employees. Staff members will carry out appropriate assignments given by the advisory body; such appropriateness will be determined through consultation between the committee chair. Supervisor and/or Department Head. Disputes about the appropriateness of an assignment will be decided by the Town Board. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisor. The members of the boards or committees are responsible for the functions of that advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to advise the advisory body chair about compliance with state and local laws and regulations. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual -• 22 Staff support may include, but is not limited to: o preparation of a summary agenda after approval by the chairperson; o preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues; o preparation of minutes/notes of advisory body meetings; o scheduling of meetings. 3.11 Restrictions on Political Involvement by Staff Professional staff formulates recommendations in compliance with Board policy for the good of the community, and may not be influenced by political factors. By working for the Town, staff members do not surrender rights to be involved in political activities. Employees may privately express their personal opinions. In the exercise of Town business, staff will refrain from public expressions of political opinions. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 23 Chapter 4. Town Board Meetings The Town Board's collective policy and law-making powers are put into action at the Board meetings. It is here that the Board primarily conducts its business. The opportunity for citizens to be heard, the availability of local officials to the citizenry, and the openness of Board meetings all lend themselves to the essential democratic nature of local government. 4.01 Meeting Schedule The Town Board shall hold at least one meeting per month, usually on the first Monday following the first Tuesday, at 5:30 p.m.. Town Board meetings are held in the Town Hall, Shirley Raffensperger Room, 215 North Tioga Street, Ithaca, NY, unless otherwise specified by a vote of the Town Board. Generally, meetings will begin at 5:30 p.m. and end by 10:00 p.m. The beginning and ending times of meetings may be changed with the consent of a majority of Town Board members. If the scheduled date for a meeting happens to be a designated legal holiday, the Board can designate an alternate date. 4.02 Public Notice of Meetings and Hearings Pursuant to the Open Meetings Law (Public Officers Law, Section 104), towns are charged with notifying the public of upcoming public meetings, hearings and the final agenda for the forthcoming Board meeting. The procedure followed by the Town of Ithaca is as follows: L. Notices of Public Meetings Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted on the Town Clerk's Board at the Ithaca Town Hall at least seventy-two hours before such meeting. Public notice of the time and place of every other meeting shall be given, to the extent practicable, to the news media and shall be conspicuously posted on the Town Clerk's Board at the Ithaca Town Hall at a reasonable time prior thereto. M. Notices of Public Hearings The Town shall publish all notices of Public Hearings in the Town's designated official newspaper and post such notices on the Town Clerk's board at Town Hall. Publication of a notice shall contain the time, place, date, subject, and body before whom the hearing is to be held. N. Final Agenda of Board Meeting The public shall be notified of the final agenda for the forthcoming regular Town Board meeting by posting a copy of the agenda in the following public place in the Town at least 24 hours in advance of the meeting: • Ithaca Town Hall Town Clerk's Board 215 North Tioga Street Ithaca, NY 14850 Meeting agendas are also posted to the Town of Ithaca website www.town.ithaca.nv.us DRAFT 4/20/2006 Town ofllhaca Protocol and Procedures Manual — 24 O. Duties of ToM'n Clerk The Town Clerk is directed to publish notices and post agendas as required by the Open Meetings Law. The Town Clerk is responsible for posting the notice of public meeting in advance of the meeting as described above. The Town Clerk is responsible for assembling Board Meeting packet information and mailing or delivering the packet to the Town Board members by at least 5 calendar days before the meeting. See Anncndix 5 for Town Clerk's Job Description. 4.03 Special Meetings The Town Supervisor may call a special meeting of the Board by 48 hour notice. The Town Supervisor may do this on his or her own initiative and shall do so within ten days if requested in writing by two members of the Town Board. If the Board members asking for a special meeting so request, the Supervisor will make every effort to schedule the meeting for the earliest possible date. Notice of a special meeting will be made by the Town Clerk at least 48 hours before the time of such meeting as specified in the notice, by delivering personally or by mail, email or by facsimile, written notice to each member of the Board. Board Members may request additional notification by telephone. Town Clerk shall also notify each local newspaper of general circulation and each local radio or television station, which has on file with the Town a written request to be notified of such special meeting or of all special meetings. The call and notice shall specify the time and place of the special meeting and the business to be transacted. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. 4.04 Organizational Meeting The Town Board shall hold an annual organizational meeting, as soon as possible after the year begins, as a special meeting or as part of a regularly scheduled meeting. The purpose for this meetings is to get the town government organized to function throughout the year. Such items to be addressed include but are not limited to: Oaths of Office, Appointments, Designation of Official Newspaper, Designation of Official Depository, Declaration of Officials and Employee Bonds, Town Board Meeting schedule and review the Procurement Policy. 4.05 Site Visits At times there may be a need for the Town Board to visit a site or area of the Town as a group before considering a decision. This gathering of a quorum of the board could be considered a "meeting" under the Open Meetings Law. The policy of the Ithaca Town Board is to consider a site visit a special meeting and will be announced by the Town Clerk as a special meeting open to the general public. 4.06 Political Caucuses A political conference or caucus may be held in private even if the subject of the discussions and deliberations includes public business. According to Public Officers Law, Section 108, subdivision 2, paragraph b "... deliberations of political committees, conferences and caucuses means a private meeting of members of the{iegislative body} who are members or adherents of the same political party, without regard to (i) the subject matter under discussion, including discussions of public business, (ii) the majority or minority status of such political committees, conferences and caucuses or (iii) whether such political committees, conferences DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual -- 25 and caucuses invite staff or guests to participate in their deliberations.." However, the discussion must remain an exchange of ideas and points of view, and no public business shall be conducted (including the making of decisions), otherwise the caucus will violate the Open Meetings Law. ^ 4.07 Development of the Agenda | P. Supervisor's Advisory Committee (SAC) Matters to be presented to the Town Board at its regular meetings are generally reviewed by the Supervisor's Advisory Committee (SAC). The SAC is composed of the Town Supervisor, Deputy Town Supervisor, Town Clerk, Town Highway Superintendent, Director of Engineering, Director of Planmng, Budget Officer, Human Resources Manager, Network/Records Specialist and Recreation and Youth Coordinator. Board members are welcome to attend the meetings and Town Clerk will notify the media of the meeting schedule. The Town Clerk will notify Town Board members of the place and time of meetings. Q. Town Board A Board Member may place an item on an agenda either by submitting it at a prior Town Board meeting or submitting it at least 7 days prior to the meeting for which the item is requested to be placed on the agenda. The item shall generally be presented to SAC for scheduling and to consider if any material is needed for the mail out packet. Items submitted by Town Board members according to these procedures must be placed on that meeting's agenda. R. Advisory Bodies and Civic Organizations Advisory bodies of the Town Board, civic and other organizations (i.e.. Chamber of m Commerce, Life Long) may submit items for the Board by submitting a request in writing to the i ] Town Supervisor or Town Clerk at least 2 weeks prior to the meeting for which the item is requested to be placed on the agenda. If the item is added to the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. S. Members of the Public A member of the public may request that an item be placed on a future agenda while addressing the Town Board during a regular meeting and/or by submitting the request in writing to the Town Board, through the Town Clerk's office. In order to allow sufficient time for Board to review, and staff to research the matter, the request should be submitted at least 2 weeks prior to the meeting for which the item is requested to be placed on the agenda. If the item is approved for the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. T. Distribution of Town Board Agenda The final agenda for a Town Board meeting must be made available to Town Board members at least five full days (120 hours) prior to the start of the Town Board meeting. Board Members may elect to have their copies of the agenda mailed to them. 4.08 Recording of Meetings and Retention of Information The Town Clerk, or designee, shall tape record all meetings of the Town Board, except those meetings or portions of meetings conducted in Executive Session or Closed Session. • Approved minutes of the Board and board/committee proceedings are the official record of the meeting and are kept permanently. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 26 n • Audiotapes are kept for four months after transcription/approval of the minutes, in accordance with State Archive Records Administration requirements. • Agenda packets are retained for six years. • The public and/or news organizations may record and broadcast Board meetings as long as, in the opinion of the Town Board such recordings are carried out in an unobtrusive manner that does not disrupt the meeting or the Board's deliberative process. 4.09 Order of Business The Town Board, by adoption of this manual, establishes the general order of meetings. This section summarizes each meeting component. The Town Supervisor may, at any time, consider items in a different order. U. Call to Order The Town Supervisor, or in the Town Supervisor's absence the Deputy Town Supervisor, is the Presiding Officer. The Presiding Officer presides over all meetings of the Town Board. In the absence of the Town Supervisor and Deputy Town Supervisor, the Town Clerk shall call the Board to order, whereupon a temporary chairperson shall be elected by the members of the Board present. After determining that a quorum is present, the presiding officer calls the meeting to order. Following the call to order, those in attendance are asked to join the Board in reciting the Pledge of Allegiance. V. Report ofTompkins County Legislature The Tompkins County Legislature is a 15 person board, of which 7 currently represent the Town of Ithaca. On a rotating basis one of the 7 representatives attends meetings to report on the Legislature's activities. W. Report of City of Ithaca Common Council The City of Ithaca Common Council has designated a member of its Common Council to attend Town Board meetings to report on the Council's activities . X. Report ofFire Commissioners The Town of Ithaca contracts with the Ithaca City Fire Department for fire protection. The Fire Department is administered by the Board of Fire Commissioners, on which the Town has 2 of 5 representatives. One of the representatives attends the meeting to update the Town Board on the operations of the Ithaca City Fire Department. T. Persons to be Heard and Board Comments During this portion of the meeting, the Presiding Officer asks if there are people present wishing to address the Board about topics that are not scheduled as a public hearing on the agenda. Individuals wishing to address the Board may gain recognition by raising their hands. Upon recognition by the Presiding Officer, individuals come forward, are invited to state their names and addresses, and speak to the Board. Speakers may be asked to limit their presentation to 3 minutes, unless a longer period is permitted by the Presiding Officer. Upon recognition by the Presiding Officer, Board members may ask questions directly of individuals or staff or make a comment. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual -- 27 Written comments may be submitted for the record of a Board meeting by presenting the written document to the Town Clerk. A copy of the document will be provided to each Board Member. Board members may bring up 'other' topics that are not on the agenda during the Board Comments section. Z Public Hearings The purpose of the Public Hearing is to give the public an opportunity to express its views and to make inquiries in respect to the matter before the Board. Public hearings shall be scheduled for a designated time to ensure that the public has the opportunity to attend. Prior to setting a public hearing a draft local law, ordinance and/or resolution will be provided to the Board, so that the Board can discuss and edit it before the hearing notice is published. An individual desiring to speak during a public hearing is to address the Board from the speaker table after being invited to state his or her name and address. Comments are limited to the specific matter for which the public hearing is held and are limited to 3 minutes, unless a longer period is permitted by the Presiding Officer. Written comments are encouraged during the public hearings. When materials are presented during public hearings, they should be submitted to the Town Clerk before the public hearing is closed on the item. Written documents submitted will be entered into the record. After all persons have been heard, the Presiding Officer shall use his/her discretion as to whether anyone will be given the opportunity to address the Town Board more than once. See Annendix 7 for the Public Hearing Standard of Conduct. After a public hearing is closed, no member of the public shall be permitted to address the Board or the staff, unless requested by the Presiding Officer. Town Board then shall be considered to be in deliberations from that point forward. In respect for the public's opinion and to afford the Board the opportunity to consider input from the public, the Board, when feasible and desirable, may vote on the matter at a subsequent meeting. The Board may take immediate action if there has been adequate opportunity for the public to comment and if deemed appropriate at that time. A. Action & Discussion Items The Town Board considers approving resolutions and other matters or subjects requiring action by the Board. The Town Board discusses matters not requiring immediate action by the Board. Consent Agenda: Those matters of business that require action by the Board which are considered to be of a routine and non-controversial nature are placed on the consent agenda. The individual items on the consent agenda shall be approved, adopted, or enacted by one motion of the Board. Examples of such items include: • Approval of all Board minutes; • Abstract for Town; • Abstract for SCLIWC (Bolton Point); • Ratification of Appointments (to Town or Bolton Point positions); • Approval of Job Descriptions; • Approval to Attend Conferences/Training; • Approval of Records Disposition Listings. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual -- 28 Unless a member of the Board requests a reading of the minutes of a Board meeting, such minutes may be approved without reading, if the Clerk has previously furnished each member with a copy thereof. No discussion shall take place regarding any item on the consent agenda beyond asking questions for simple clarification. Prior to approving the items on the consent agenda. Board Members may request to withdraw (or pull) any item and take action separately on that item. Each withdrawn item will be considered after the amended consent agenda has been approved. B. Boards & Committees During this portion of the meeting, the Board will discuss and update what is happening on committees on which they sit. C. Reports of Town Officials Members of the Board and the Town Supervisor may take this opportunity to make comments, extend compliments, express concerns, or make aimouncements concerning any topic they wish to share with staff or the public. The Town Officials may discuss topics with the Board or add items to their written reports. D. Review of Correspondence Written comments may be submitted to the Board at any time by mailing or otherwise delivering to the Town Clerk, 215 North Tioga Street, Ithaca, NY 14850. The Clerk will also distribute a copy of the correspondence via the Correspondence Folder that is passed around at the Town Board Meeting. Town Clerk shall distribute to the Town Board such written communication items pertaining to public hearing topics and will include them in the minutes. E. Executive Session Executive Session is to privately discuss and consider matters of confidential concern to the well being of the Town. The purposes for which an Executive Session may be held are identified in Public Officers Law, Section 105 as: • Matters which will imperil the public safety if disclosed; • Any matter which may disclose the identity of a law enforcement agent or informer; • Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; • Discussions regarding proposed, pending or current litigation; • Collective negotiations pursuant to Article 14 of the Civil Service Law; • The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; • The preparation, grading or administration of examinations; and; • The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by the Town Board, but only when publicity would substantially affect the value thereof. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual - 29 Before convening in Executive Session, a Town Board member is to make a motion to enter into executive session and that motion much be approved by a majority of the entire Town Board. The motion must identify with "particularity" the subject to be discussed. The public will be notified when the Board returns to regular session. If no formal action was taken in an executive session, as is often the case, then no minutes need to be taken. Summary minutes must be made of any final determination taken by formal vote, including the date and vote, however, such summary need not include any matter which is not required to be made public under the Freedom of Information Law. Public monies cannot be appropriated by formal vote in an executive session. F. Closed Session The Town Board may also hold a closed session (not open to the public) to receive attorney-client privileged advice from attorneys representing the Town. Before closing the meeting, a Town Board member should make a motion to enter into closed session, and that motion must be approved by a majority of the entire Town Board. The motion must state that the purpose of the closed session is to seek legal advice of counsel. The public will be notified when the Board returns to regular session. G. Adjournment A Board Member may propose to end the meeting entirely by moving to adjourn. The meeting will close upon the majority vote of the Board present. A motion to adjourn will always be in order and decided without debate. All Board meetings will conclude no later than 10:00 p.m., unless this provision is waived by a majority of the Board. Consideration of the agenda matter then on the floor will be continued beyond 10:00 p.m. by majority vote of the entire Board. In the event the remaining agenda cannot be concluded at any meeting by 10:00 p.m. and the Board does not vote to waive the 10:00 p.m. ending time, the meeting will be recessed to a definite time and place, and notice of such continued meeting will be given as provided by statute. 4.10 General Procedures A. Seating Arrangement of the Board The Town Supervisor will, with the approval of the Town Board, establish seating arrangements for regular Board meetings. B. Signing of Town Documents The Town Supervisor, unless unavailable, shall sign all contracts and other documents which have been approved by the Town Board and require an official signature. In the event the Town Supervisor is unavailable, the Deputy Town Supervisor shall sign such documents. C Quorum A majority of the entire Board shall constitute a quorum for the transaction of business, but a lesser number may adjourn. I.e., 4 members of the Board constitute a quorum. D. Minutes The Town Clerk or designee shall take minutes at all meetings of the Town Board. The minutes shall be made available for public inspection. DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 30 E. How Marty Votes are Required for Passage? Except when otherwise required by law, every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all of the members of the Town Board (at least four votes). Thus an abstention has the same effect as a negative vote. F. Amending the Policies and Procedures Manual The Policies and Procedures Manual may be amended at any Town Board meeting provided that the amendment is placed on the final Town Board agenda and made available to Town Board members in a timely fashion as specified in 4.07 (E). 4.11 Open Meetings Law A. Applicability The Open Meetings Law applies to the Town Board, Planning Board, Zoning Board of Appeals, Conservation Board and all Town Board committees. B. Meetings All meetings of the Board shall be open to the public, except in the special instances as provided in the Open Meetings Law, as it may be amended. A meeting takes place when a quorum (a majority of the entire Board) is present and information concerning Town business is received, discussed, and/or acted upon. The label applied to a public meeting does not affect compliance with the law. Whether the meeting is referred to as regular or special, workshop or study session, the notice, agenda and minute-taking requirements must be met if a quorum of the Town Board exists, public business is discussed, and the Board is not in Executive Session or closed session. C. ADA Requirements The Town strives to provide accessible meetings for people with disabilities. Assisted- listening devices are available for use in the Board Room. If these or other accommodations are required, the Town Clerk should be contacted for access information. D. Actions Legal action must be taken by the Board in an open public meeting, except for some instance in executive session, as discussed in Section 4.09 (K). At a Regular Meeting of the Town Board, the Board is free to take action on non-agenda items, subject to applicable notice requirements in state statutes or local laws ordinances for the subject matter being considered. E. Correspondence All items distributed at a public meeting are public records, with the exception of written materials protected by the attorney/client privilege. The content of documents protected by the attorney-client privilege must not be cited or quoted in order to protect the privilege, (i.e.: Memo from attorney regarding current litigation.) 4.12 Emergency Evacuation Plan In the case of an evacuation due to an emergency all individuals shall exit the building immediately through the closest door and proceed to the brick wall in the parking lot. Everyone should wait at that location to determine whether everyone is out of the building. No one will be allowed to re-enter the building until permission is given by the Ithaca Fire Department. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual -- 31 Chapter 5. Rules of Order By approval of the Board Protocol and Procedures Manual, the Town Board has adopted |_ the following rules of order to be followed at all Town Board meetings. I j 5.01 Basic Steps to Conducting Business Specific requests or proposals that are presented to the Board for consideration and possible action must be introduced in the form of a motion. The basic steps to conducting business include: 1. If a public hearing is scheduled: a. The Presiding Officer opens scheduled public hearing at the specified time. b. The Presiding Officer closes the public hearing after receiving comments from the public. c. The Presiding Officer brings the matter back to the Board for discussion. 2. When the item on the agenda is a motion to be considered, the Presiding Officer will move that item or call upon a Board Member to move that item. 3. A second member of the Board seconds the motion. 4. The Presiding Officer states the motion (if necessary) and calls for discussion or debate on the motion. a. If there is material or information to be presented, the Presiding Officer will ask the appropriate person to address the Board. \ 5. The Board discusses the motion. During that discussion, when recognized. Board 1 Members may move appropriate procedural motions. 6. Any changes to the motion are proposed as amendments. 7. Amendments may also be amended and then either accepted or rejected by vote of the Board. 8. The Presiding Officer calls for any further discussion or debate. 9. The Presiding Officer restates the motion, if necessary, and puts the motion to a vote. 10. The Presiding Officer states the results of the vote. 5.02 Meeting Decorum and Order The Presiding Officer shall preserve decorum and decide all questions of order, subject to appeal by any Board Member to the entire Board. The Presiding Officer will enforce the rules of order at all times. 5.03 Order of Discussion In general, the Presiding Officer will follow the prepared agenda. However, on those occasions when the Presiding Officer believes that deviations are necessary or convenient, the Presiding Officer will propose changes. A Board member may also suggest a reordering of or addition to the agenda. Reordering of the agenda will be accepted by consensus of the Board, or by majority vote of the entire Board, if there is any objection to the change. Additions to the ] n agenda as distributed (see 4.07.E) will be accepted by consensus of the Board, or majority vote of the entire Board, if there is any objection to the changes. When changing the order of discussion, DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 32 it must be done so as not to prevent or deny any member of the public the opportunity to listen to the discussion of any agenda item. 5.04 Obtaining the Floor A Board Member shall gain the recognition of the Presiding Officer by raising his/her hand prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board Members may ask to respond to questions with the public or staff. The term "debate" applies to the discussion of the merits of any pending motion during a board meeting. To facilitate speaking privileges in a fair and orderly fashion, the Presiding Officer will let members know the order in which they can speak. When a motion is being debated, however, there are three instances in which the Presiding Officer should assign the floor to a person who may not have been the first to address the chair. These are: 1. The Board Member who makes a motion will be the first person recognized to speak to the motion. 2. No member is entitled to the floor a second time in the meeting on the same motion as long as another member who has not spoken on the motion desires the floor. 3. To make sure that board members are given the privilege of the floor in the order in which they were recognized, the Presiding Officer (or his or her designate) will keep a written list of board members in the order in which they have been recognized by the Presiding Officer. The Presiding Officer may recognize him or herself by so announcing to the Board and placing him or herself in order on the list. Upon being recognized by the Presiding Officer, members or the staff shall hold the floor until completion of their remarks. Discussion continues until consensus is reached that the Board is ready to consider the draft resolution of adoption or approval, or a motion to close debate has been passed by a majority vote of the entire Board. 5.05 Questions to and Comments from Staff Board Members may address questions to the staff members. If a staff member believes that they have information that is pertinent to the discussion they may raise their hand to ask for recognition. 5.06 Making a Motion Once the Presiding Officer has recognized a Board Member, the individual makes the motion by saying, "I move that..." or "I move to..." and announcing what is proposed. A Board Member does not commit to voting for a motion by moving or seconding it; a Board Member might state "I make this motion in order to put it on the floor for discussion. I am not sure of my position on it at the present time." 5.07 Seconding a Motion After a motion has been made, and if it requires a second, another Board Member who wishes to see the motion considered says, without obtaining the floor, "I second the motion, or simply, "Second." A second merely implies that the member agrees the motion should come before the meeting, not necessarily that the member favors it. If another member of the Board DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual ~ 33 does not second the motion, the Presiding Officer normally asks, "Is there a second to the motion?" If there is no second, the Presiding Officer should say, "Since there is no second, the motion is not before this meeting." The purpose of a second is to prevent time being spent on motions that only one person wants to discuss. 5.08 Modify Motion by Maker After the motion is made, the mover cannot modify or withdraw it without unanimous consensus of the Board. For example, the mover may state, "With the consent of the Board I will modify my motion to state as follows..." If no one objects, it shall be deemed that he/she has the consent of the Board to modify his/her motion. When the mover modifies his/her motion, the one who seconds it can withdraw his/her second. 5.09 Stating the Motion After a motion has been made, the Presiding Officer may choose to repeat the motion if he/she deems appropriate and asks if there is any discussion. After the motion has been made and seconded it is said to be pending. No other main motion may be made until the pending motion has been disposed of. Motions relating to a pending main motion or procedural motions are permitted. 5.10 Amendment to the Main Motion When the main motion does not exactly suit the members of the Board, it may be changed by means of amendment before it is finally voted upon. Once recognized by the Presiding Officer, a Board Member may make the motion to amend by stating, "I move to amend the motion by..." —adding, striking out, or inserting. A friendly amendment may be made, which clarifies the intent of the maker of the motion. It must be accepted by the maker of the motion and the person who seconded the motion. Friendly amendments require consensus of the board. Other amendments to the main motion require a second; they are debatable, and must be related to or have bearing on the subject of the motion being amended. Amendments may also be amended. If the motion on the amendment passes, the Presiding Officer puts the amended motion to a vote. If the motion on the amendment fails, the Presiding Officer puts the main motion, as originally presented, to a vote. 5.11 Postponement of Business The Board may delay action on an agenda item or pending motion by voting to postpone the item to a later time or date. This can be done regardless of how much debate/discussion has taken place. The motion to postpone is debatable, and requires a majority vote. The motion to postpone takes one of two forms; either postponement to a fixed time or indefinite postponement. The fixed time cannot be later than the end of the next meeting. When a motion is postponed indefinitely, it remains postponed until a member brings it up at a subsequent meeting. 5.12 Tabling a Motion The motion to table the pending motion (i.e., the motion currently on the floor) is in order at any time. If the motion to table is made and seconded, it is immediately voted upon. The motion to table is not debatable. Therefore, no member of the board is allowed to make any arguments for or against the motion to table. If four or more members vote to table, the motion is passed. The effect of the motion to table is identical to the effect of the motion to postpone indefinitely. The main difference between the two motions is that postponing is debatable and DRAFT 4/20/2006 Town of Ithaca Protocol and Procedures Manual — 34 tabling is not. Generally, members move to table a motion when they feel that the debate on the pending motion has become so confused or acrimonious that the body is better served by putting the pending motion aside and spending some time thinking about it than by either passing or defeating it at the current meeting. Tabling can also be used to take up a motion that is more urgent than the motion currently being considered. A tabled motion remains in limbo until four or more members vote to "take the motion from the table" at the current or at any subsequent meeting. 5.13 Voting Procedures Town protocol encourages each Board member to vote yes or no on motions. Each Board member shall vote (verbally or by raising a hand) on all questions put to the Town Board, unless a conflict of interest is disclosed. If a Board member abstains he/she is encouraged to state the reason for the abstention. An abstention is counted as a no vote. Board Members have the right to have the reasons for his/her yes or no vote entered into the minutes, if they wish. A conflict of interest shall be disclosed whenever appropriate and in compliance with state law and the Town's code of ethics . The affected Board Member will not participate in the discussion and will abstain from the voting process. Refer to Chapter 7 for further information regarding Conflicts of Interest. When the debate is terminated as described in 5.04. the Presiding Officer puts the motion to a vote. Only those ordinances, resolutions, or main motions that receive an affirmative vote by a majority of the entire Town Board shall be passed and become effective. 5.14 Other Protocol To ensure that meetings of the Board emphasize the importance of the business being conducted in a professional manner. Board Members and staff shall: • Work to preserve appropriate order and decorum during all meetings. • Discourage side conversations, disruptions, interruptions or delaying efforts. • Introduce Points of Order, which must be addressed immediately • Inform the Presiding Officer when the meeting deviates from the adopted agenda • Inform the Presiding Officer when departing from the remainder of the meeting. • People shall speak clearly into the microphone when addressing the body, both for the accuracy of the record and also so that the audience can hear the discussion. • Except where the Town Board is required to follow certain procedures as specified in state law, Robert's Rules of Order (lO"^ edition) will apply for procedures not covered in this manual. 5.15 Questions Regarding Rule of Order If a Board Member questions whether or not the rules of order are being properly followed, he or she may interrupt the proceedings to raise a "point of order". The Presiding Officer will rule on the point of order, and that ruling may be appealed to the body. The Presiding Officer may consult the Attorney for the Town or the Town Clerk for advice regarding the Rules of Order. In cases where serious errors in procedure are being used, the Attorney for the Town should give advice, even when it has not been requested. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 35 5.16 Adherence to Rules of Order Town Board Members have both the right and responsibility to maintain decorum and follow the adopted Board Protocol and Procedures Manual. A Board Member may raise a point of order to draw attention to any problem that arises. Each Board Member shall have the duty i and obligation to review this Manual and be familiar with its provisions. During the Town Board meeting's discussions, deliberations, and proceedings, the Presiding Officer will be primarily responsible for ensuring that the Town Board, staff, and members of the public adhere to the adopted Rules of Order. 5.17 Suspension of Rules The motion to suspend the rules allows the body to change standing rules to allow a standing rule of order to be ignored in a particular case, and requires a majority vote of the entire Board for passage. The motion must include the case and the rule to be ignored, and applies only to that case and rule. No rule required by state law or by a Town of Ithaca local law can be suspended by this motion. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 36 „ Chapter 6. Board Correspondences 6.01 Overview Board members communicate with the public in many ways as an essential part of their role. This communication is needed to assess community opinions and needs, and to share the vision and goals of the Town with constituents. Communication with staff is important in order to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the Town Board performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Board. Equally important, the public should be so advised when members are expressing personal views and not those of the Board. 6.02 Correspondence from Board Members Typically, the Town Supervisor will be charged with transmitting the Town's position on policy matters to outside agencies or individuals on behalf of the Town Board. Individual members of the Board may correspond with constituents in response to inquiries, or to provide requested information. However, this section does not preclude other individual members of the Board from corresponding with constituents, other officials, members of the media, or the public at large about town or other public policy On occasion, members may wish to correspond on an issue on which the Board has yet to take a position, or about an issue for which the Board has no position. In these circumstances, members should clearly indicate that they are not speaking for the Town Board as a whole, but for themselves as one member of the Board. Town letterhead will be used only for official correspondences. Town letterhead must never be utilized for personal or political purposes. 6.03 Freedom of Information Law To ensure that communications submitted to and by elected and appointed officials comply with the Public Officers Law, Article 6, sections 84-90, which is known as the Freedom of Information Law, the following is set forth: A. Correspondences - Generally Generally, letters, memoranda, and electronic communication are public records. These records shall be filed with the Town Clerk as the Records Management Officer. Intra-agency communications, including discussions among Town Board members, need not be disclosed, filed or kept, except for statistical or factual tabulations of data, instructions to staff that affect the public, final agency policy or determinations or external audits. Copies of such letters, memoranda, and electronic communication will be provided to the public or news media with the filing of a Public Information Request or a Freedom of Information Law request through the Town Clerk. Information will be provided unless it is an item that is not subject to disclosure. B. Written Correspondences Written letters and memoranda received by the Town, addressed to the Board as a body, will be placed in the Correspondence Folder to be presented at the next Town Board meeting, and will be kept by the Records Management Officer according to the Town's Records Retention DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual -- 37 Schedule. Letters addressed to an individual member of the Board may be placed in the Correspondence Folder, at the discretion of the addressee. C. Electronic Correspondences 1. Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, could be deleted once their administrative purpose is served. 2. All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. 3. If a citizen sends an e-mail to a Board Member and requests that it be included in the record of a particular public hearing, the Board Member will forward said e-mail to the Town Clerk. 4. E-mail should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" Town business. 5. E-mail bearing the Town's "return address" will not be used for personal use. 6. When an individual Board Member has completed his or her term of office, staff will close out any email account. Documents belonging to the Town shall be returned to the Town Clerk for proper record retention filing. For further information regarding record retention, emails and other records refer to the Town's separate policies. DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual —38 Chapter 7. Conflicts of Interest - Code of Ethics, and Liability of Elected Officials 7.01 Conflicts of Interest - Ethical Considerations Conflicts of interest and ethical considerations are dealt with in the Town's Code of Ethics, Chapter 32 of the Code of the Town of Ithaca. Refer to Appendix 10 for a complete copy of the Code of Ethics. A Board Member may request an opinion from the Attorney for the Town or the Ethics Board concerning conflicts of interest. 7.02 Ethics Disclosure Statements Among other things. Town Board members are required to annually file an ethics disclosure statement. The Town Clerk's Department mails out annual disclosure statements in February that must be returned by April 30'^. The disclosure statements are a public record and are filed in the office of the Town Clerk. 7.03 Liability The Town must always approach its responsibilities in a manner that reduces risk to all involved. Nevertheless, with such a wide variety of high profile services (i.e., parks, roads, land use), risk cannot be eliminated. To better manage insurance and risk, the Town participates in risk- and loss-control activities. It is important to note that violations of certain laws and regulations by individual members of the Town Board may result in the member being personally liable for damages which would not be covered by the Town's insurance. Examples may include discrimination, harassment, or fraud. Chapter 28 of the Code of the Town of Ithaca addresses defense and indemnification of employees and officers. DRAFT 4/20/2006 Town of Ilhaca Protocol and Procedures Manual -- 39 Chapter 8. Board Compensation, Benefits and Support 8.01 Board Compensation NYS Town Law, Section 27 provides for payment of a modest honorarium to members of the Town Board. A seated Town Board may not fix a salary at an amount in excess of the amount specified in the notice of hearing on the preliminary budget published. Town Councilmen receive an aimual salary paid out in quarterly pajmients. The Town Supervisor is paid an aimual salary that is paid out bi-weekly. Plarming and Zoning Board members receive pay quarterly based on the number of meetings they attended that quarter as allowed by Town of Ithaca Code, Chapter 20. 8.02 Health and Dental Insurance The Town provides Health Insurance for the employees, retirees and Town Board Members. A Town Councilman may enroll with the Town's Health Insurance within 30 days from taking office or armually during the open enrollment period. A Town Councilman would cost share the monthly premium at 50%/50%. A Town Supervisor that is considered full time is eligible to enroll with the Town's health insurance at a cost share equal to a full time employee working 35 hours per week or more. The Town provides Dental Insurance for the employees, retirees and Town Board Members, with all paying 100% of the monthly premium. Town Board Members are also eligible to participate in the Town's Flexible Spending Program. 8.03 Board Expenses The Town budget includes appropriations for expenses necessary for members to undertake official Town business. Funding provided includes membership in professional organizations, attendance at conferences or educational seminars, purchase of publications and office supplies. Contact the Budget Officer or Human Resources Manager for more information. 8.04 Office Equipment To enhance Board Members' service to the community and their ability to communicate with staff and the public, the Town provides meeting facilities and office equipment for Town business. For those members of the Town Board who do not own a computer, the Town will provide a computer on site, with Internet and e-mail capabilities, for Town business use. Town Board members will be set up with an email account through the Town. While staff will maintain those computer applications related to Town affairs, staff caimot provide assistance for personal computer applications. The Town's electronic equipment and information systems are intended for professional business use in performing the duties of a Town Board Member. Limited personal use may be permitted, if it is incidental, occasional and of short duration. Refer to the Personnel Manual for the Town's Electronic Media and Use Policy. 8.05 Mail and Deliveries Members of the Town Board receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located at the entrance to Town Hall. Individual mailboxes are maintained for each Board Member by the Town Clerk's staff. Board DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual — 40 r Members are encouraged to check mailboxes often. In addition, Town staff will fax or personally deliver materials that are time-sensitive to a member's home or office, if appropriate. 8.06 Meeting Rooms There are conference rooms located at Town Hall and the Public Works Facility for Town related meetings. Use of the conference room located at Town Hall may be scheduled with the Town Clerk. Use of the conference room located at the Public Works Facility may be scheduled with the Administrative Assistant at the Public Works Facility. The meetings rooms can also be used for non-town related business. Contact the Town Clerk for the Conference Room use policy and application. 8.07 Parking at Town Hall The parking lot at Town Hall during normal business hours (Sam - 4pm) is utilized by Town staff and the Post Office staff. Parking spaces have been assigned to a specific staff member or town vehicle. A space has been designated for Board member use, on a first come first serve basis. Refer to the Human Resources Manager for more information. 6/13/05 Aurora Street 1 2 3 4 5 6 7 8 g 10 D P Planner Sr. Typist Princ, Clerk Recr Court Clerk Asst Dir Eng Budgt Off. Code Enf. Town Clerk MR R 1 V E 0 S T A Buf olafStreet Asst Dir Plan Sr. Typist Network Bookkeeper Court Clerk Code Enfce Env Plan Eng. Deputy Town Clerk Temp Parking Brd Mbr/Judge W A Y L P A R K N Reserved Deslanated Town Parkinq Spaces G ro c Handi capped parking Town Super visor Planning (Jon) Zoning (Kristie) Zoning Eng. (Dan) Eng. Van S T A 1 R TOWN LOADING DOCK POST OFFICE LOADING DOCK 03 O n P L A N T E R B U 1 L D 1 N G DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual ~ 41 Chapter 9. Additional Training and Resource Materials 9.01 The Association of Towns of the State of New York 146 State Street, Albany, NY 12207 - [518] 465-7933 FAX [518] 465-0724 www, n vto wns.ors The Association is a voluntary, nonpartisan, nonprofit association comprised of all incorporated towns in New York. The Association: • serves as a resource for information • provides news, reports, and reminders affecting towns • acts as liaison to State agencies • represents the interests of towns before the state legislature • publishes training and information manuals for municipal leaders 9.02 New York State Office of the Comptroller 110 Stale Street, Albany, NY 12236 [(518) 474-4044] www.osc.state.nv. us 9.03 New York State Town Clerks Association www.nvstca.com 9.04 New York State Department of State - Division of Local Government [(518) 473-3355] www.dos.state. n v. us/lsss/uulex.htm 9.05 New York State Department of State - Committee on Open Government [(518) 474-2518] www.(ios.state.nv.us/coo2/cosyvwwhtm! 9.06 New York State Unified Court System [(800)COURTNY] www.nvcourts.gov New York State Unified Court System Office of Court Administration 25 Beaver Street New York, NY 10004 DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual -- 42 9.07 New York State Planning Federation [(518) 270-9855] www.nvDf.org 9.08 Cornell Local Roads Program [(607) 255-8033] www, dry, Cornell, edu 9.09 Other Reference Materials on File Other reference materials that may be of interest to the Board are on file with the Town Clerk. Materials include: • Association's Town Law Manual • Code of the Town of Ithaca • Personnel and Safety Manual • Adopted Budget • Comprehensive Plan • Capital Improvement Program • Park and Open Space Plan DRAFT 4/20/2006 Town ofIthaca Protocol and Procedures Manual —43 n APPENDIX j—I DRAFT 4/20/2006 Town of Ithaca Ptotocol and Procedures Manual ~ 44 March 13, 2006 Town Board Meeting ATTACHMENT #9 Agenda Item No. 27 AGREEMENT as to LEGAL REPRESENTATION between the TOWN OF ITHACA and GUY K. KROGH, ESQ., of THALER & THALER This agreement (the "Agreement") is made between the undersigneds as of March 13, 2006. The Town of Ithaca, with its offices at 215 North Tioga Street, Ithaca, New York 14850 (herein, the "Town"), has requested that Guy K. Krogh, Esq. provide services to the Town as an attorney for the Town, and accordingly the Town hereby engages said Guy K. Krogh and the firm of Thaler and Thaler (of 309 North Tioga Street, Ithaca, New York 14850 (herein, said Guy K. Krogh and Thaler and Thaler are jointly and severally the "Firm")) to provide legal services to the Town at the request of Attorney Susan Brock or the Town Board, including, but not necessarily limited to; ^ Preparing and reviewing necessary or desired legal documents primarily regarding real estate matters; ^ Attending Town Board, Planning Board and Zoning Board Of Appeals Meetings upon request; ^ The provision of such other or further legal services as the Town may , desire or request. The Firm's fees for the services performed by its attorneys and paralegals (herein, the "Fees") will be based upon the amount of time devoted by the individuals performing the services, multiplied by those individuals' respective hourly billing rates. For this Agreement, the Firm's billing rates for 2006 are as follows: Partner - $150.00 per hour; Associate Attorney - $150.00 per hour; Paralegal - $90.00 per hour. Hours will be billed in minimum increments of a tenth of an hour. Hourly rates apply to all time expended relative to Town matters, including but not limited to: ^ Meetings and conferences; ^ Telephone calls and telephonic conferences, either placed by or placed to the Town, or otherwise made or had on the Town's behalf or related to Town matters; ^ Preparation, review and revision of correspondence and documents, memoranda, or papers relative to Town matters; ^ Legal research; ^ Court appearances and court conferences; > Preparation time for any meeting or court matters; ^ Travel time; and ^ Any other time expended on behalf of or in connection with Town matters that are traditionally billed in the Firm's business. However, not all time will be deemed billable or will be billed by the Firm, which may exercise its discretion to ''no charge" any time and billing entries. The Firm will not bill for any time, charges or expenses incurred for responding to any billing inquiries that may arise, nor will the Firm bill for any time, charges or expenses incurred for the negotiation or drafting of any documents concerning the terms of employment of the Firm. The Firm will incur various costs and expenses in performing services, including but not limited to, filing fees, subpoena and service of process fees, reporting and transcription expenses, postage, courier delivery expenses, long distance telecommunications, document reproduction and/or printing expenses, travel expenses, and computer assisted legal and factual research expenses. The Town agrees to reimburse the Firm for any such costs and expenses actually and necessarily incurred by the Firm on behalf of the Town. Such costs and expenses shall be deemed and billed as Fees imder this Agreement. The Firm will provide the Town with copies of all correspondences, documents, and pleadings, and will keep the Town apprised of the status of each matter being handled, in whole or in part, by the Firm. The Town has sole discretion in determining whether to terminate the Firm's representation at any time, for any or no reason. While the Firm seeks to avoid fee disputes with the Town, and encourages open discussion to resolve any fee disputes, the Town is advised that it has the right, at its election, to seek arbitration to resolve any fee dispute. In such event, the Firm shall advise the Town in writing by certified mail that the Town has 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and the Firm shall enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the Firm and the Tovm. The Town is referred to Part 137 of the Rules of the Chief Administrator of the New York State Courts for more information about arbitration. At any time, even if there is no fee dispute, the Firm will forward the complete text of Part 137 to the Town. The Firm also has the right to withdraw from representing the Town in the event of the Town's failure to communicate or cooperate in the provision of legal services, or if the Town engages in any conduct which would make it inappropriate to continue representation, or if any bill rendered for Fees remains unpaid, in part or in full, for a period of 90 or more days after such bill is delivered to the Town. The Firm will send the Town an invoice every calendar quarter, or upon request of the Town. The Town is hereby made aware that in the provision of municipal legal services there are often facts and circumstances that call for a legal judgment and for which there is no < ) I > I \ specific or unanimous "correct" answer. The Firm shall exercise its best judgment in all cases and at all times to provide legal services and advice that are consistent with law and controlling or persuasive legal precedents, and that will minimize the risk and expense to the Town. Despite these best efforts, the Town acknowledges that there is no assurance or guarantee of the outcome of any matter, the length of time it may take to resolve any matter, or the costs which may be incurred to attempt to resolve any matter. The Firm will endeavor to advise the Town as to any and all risks and expenses that any proposed course of action or conduct may entail so lhat the Town may wei^ its alternatives and make a decision that is in the best interests of the Town and its constituents. The Town has reviewed and understands this Agreement. The Town has had an opportunity to ask any and all questions it may have pertaining to this Agreement, and has had each such question answered to its full satisfaction and understanding. Accordingly, the Town and the Firm each agree to all of the terms set forth in this Agreement. By:_ Town of Ithaca ("Town") Title Date Guy K. Krogh, Thaler & Thaler ("Firm") Title Date A GS!'. DA#2'? Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 Telephone: 607-277-3995 Facsimile: 607-277-8042 E-mail: brock@claritycomiecLcom March 1,2006 Mayor Carolyn Peterson City of Ithaca 108 E. Green St. Ithaca, NY 14850 Supervisor Steven Trumbull Town of Dryden 65 E. Main St. Dryden, NY 13053 ^ Supervisor Catherine Valentino ^ Town of Ithaca I 215N.TiogaSt. ' Ithaca, NY 14850 Re: Legal Work for Town of Ithaca Dear Mayor Peterson, Supervisor Trumbull and Supervisor Valentino: As the attorney for the Ithaca Area Wastewater Treatment Facility (LAWTF), I represent all three municipal owners. One of these owners, the Town of Ithaca, has contracted with me to handle its legal work as the attomey for the Town. The three owners will need to decide in what capacity, if any, they want me to continue to do legal work for the LAWTF and the Group of Six. Much of the legal work I do for the LAWTF is on matters where the interests of all three owners are identical, such as drafting contracts and permfts for industrial users and assuring the lAWTF is in compliance with federal and state regulations. I would not have a conflict of interest if you decide to have me continue working on such matters. However, matters may arise where the interests of the three owners do not coincide and an actual conflict might exist. One example (not under consideration as far as I know) would be if the three owners decide to renegotiate their Joint Sewer Agreement. In any situation where the interests of the Town of Ithaca are adverse to the interests of either of the other owners, I would need to recuse myself and not work on such matters for either the Town of Ithaca or the LAWTF. As for Group of Six matters, I am sending the enclosed letter to the Mayors of the Villages of Cayuga Heights and Lansing and the Lansing Town Supervisor to let them know I have been hired as the attomey for the Town of Ithaca. The enclosed letter includes the most March 1,2006 Page 2 ^ recent list of outstanding Group of Six projects. Because I have always represented the three , lAWTF owners, my appointment as attorney for the Town of Ithaca may not change things from ^ a conflict standpoint for the Village of Cayuga Heights and the Lansings for certain matters. For _ example, I could continue to work on the pretreatment law that Cayuga Heights and the Lansing need to adopt. But I would be conflicted out of working on bilateral sewer agreements between the Town oflthaca and any other municipality in the Group of Six. I would be happy to meet with your municipality, the SJC, or the Group of Six to discuss these matters and answer any questions. Regardless of your decision as to my future role, I have enjoyed working with you on these important and interesting intermunicipal matters. Sincerely, Susan Hajda Brock Enclosures cc: Dan Cogan, SJC Chair f ' \ March 13, 2006 Town Board Meeting ATTACHMENT #10 f ¨ ^ - Inventory Worksheet For Local Government Records Government Name: Town of Ithaca Contact Person: Gail Kroll Department: Highway Phone Number: (607) 273-1656 Location: Building: Public Works Facility Room:Shelf:Box #: Date Span:^ooo Other Format (if known): Format: Other Copies: Description of Records: Ccf^ c-g f 05 ^ ; SARA schedule for disposition: Name of Person Doing Inventory: _ Title: Administrative Assistant Gail H . Kroll Date: f l^/or. 'apted from SARA fonn ^reated 1 /2002 by Gail C:63\63data\highway\form\RecordsDispFonn f * ^ n Inventory Worksheet For Local Government Records Government Name: Town of Ithaca Department: Highway Contact Person; Gail Kroll Phone Number: (607) 273-1656 Location: o-i^ C Building: Public Works Facility Room: Shelf: Box #: Date Span: Format: Other Format (if known): Other Copies: Description of Records: 5 SARA schedule for disposition: ^ c^ao^s- Name of Person Doing Inventory: Gail H . Kroll Date: ( fjl Title: Administrative Assistant 'apted from SARA foim >_reated 1/2002 by Gail C:63\63dala\highway\form\RecordsDispForm TOWN CLERK'S MONTHLY REPORT TOWN OF ITHACA, NEW YORK THE SUPERVISOR: Cr."DA#3^ ATTACHMENT #11 FEBRUARY, 2006 PAGE 1 uant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received b^ me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law: A1255 5 MARRIAGE LICENSES NO. 06006 TO 06010 87.50 2 ZONING ORDINANCE 25.60 1 SIGN ORDINANCE 1.40 6 TAX SEARCH 30.00 2 MARRIAGE TRANSCRIPT ? TOTAL TOWN CLERK FEES 20.00 164.50 A1556 1 SPCA CONTRACT TOTAL A1556 60.00 60.00 A2544 DOG LICENSES TOTAL A2544 488.33 488.33 10 BUILDING PERMIT 3,570.00 ( :3 FIRE SAFETY INSPECTIONS 150.00 3 ZONING BOARD MTG 300.00 4 TEMP CERTIFICATE OCCUP 1,442.50 1 OPERATING PERMIT TOTAL B2110 50.00 5,512.50 B2115 1 SUBDV. REV. PRELIM. PLAT 2,060.00 2 SITE PLAN INIT. APL. FEE 200.00 1 SITE PLAN PRELIM. PLAN 1,000.00 3 SITE PLAN FINAL PLAN TOTAL B2115 2,450.00 5,710.00 TOWN CLERK'S MONTHLY REPORT FEBRUARY, 2006 -ge 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND PAID TO SUPERVISOR FOR PART TOWN FUND PAID TO COUNTY TREASURER FOR DOG LICENSES PAID TO AG & MARKETS FOR DOG LICENSES PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 712.83 11,222.50 99.17 30.00 112.50 f OTAL DISBURSEMENTS 12,177.00 MARCH 1,2006 CATHERINE VALENTINO SUPERVISOR STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, TEE-ANN HUNTER, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of_20 Notary Public TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 To: Cathy Valentino, Supervisor Town Of Ithaca Sandy Gittelman, Chair Recreation & Human Services Committee Will Burbank, Councilperson Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Mamie Kirchgessner, Recreation and Youth Coordinator January- Febmary 2005 Youth Employmeiit The months of January and Febmary are always interesting and challenging in Ithaca. Activities are being institutionalized and continue to expand. An Ithaca College Field work 11 (administration) Nick Tessori chose the Town for his placement. He has been / working on creating an orientation manual for all of the many aspects of the position of Youth and Recreation Coordinator; attending and participating in the various meetings associated with the position and working on improving materials given to individuals participating in the town's Student Work Initiative. The increase in minimum wage has effectively reduced the number of youth who will be able to obtain subsidized employment. At this point last year we had two students "carry" over from 2003 and only one inquiry. This year I still have five students actively working for the history project (grant supported) and have already had contact with eight students, one has been placed, one interviewed and pending placement, two accepted in the Joblink program and the others are in various stages of the process. Joint Youth Commission Primary work involved gaining clarity on appropriations for the contract agencies. The traditional time line for recommendation by JYC requires the supervisor to place figures in the budget adopted by the board that do not necessarily correspond with their recommendations. Other factors such as county reimbursement also affect these numbers. The JYC has had vacancies and is in the process of recruitment. Appointments are needed for Cayuga Heights, Village of Lansing and Youth. Recreation Partnership Continues to grapple with quorum issues. The Spring offerings brochure is now available \with a supply in the Town lobby. A dinner information meeting to be held here is scheduled for April 6, 2006 at 5:30 with invitations being mailed. Recreation and Human Service Committee Although the Recreation and Human Service Committee did not meet in January there was a full agenda in February with actions taken by the committee to move forward the process of naming parks and creating a map for constituents reference and use. The committee will be considering policy for the utilization of Tutelo Park ball field and pavilion. The committee has requested a status report on aspects of project still needing completion to be given at its next meeting. Will Burbank will act as chair until Sandy's return. Application was completed for a second celebration grant to support a planned interpretive sign on the indigenous people of the area. Town Historian Laura Johnson Kelly is coordinating content with all interested parties and will give recommendation to board and committee. Related Activity Attendance at aforementioned committees as well related public meetings and participation in an skill building class in excel. 0 1 \ \ ' \ ! TOWN ENGINEERS REPORT 3/13/2006 The Tompkins County Stormwater Working Group was established in October 2003 and is comprised of representatives from Tompkins County; City of Ithaca; Tovms of Caroline, Dryden, Ithaca, Lansing, Newfield and Ulysses; and Villages of Cayuga Heights and Lansing. The New York State Department of Environmental Conservation (NYSDEC), New York State Department of Transportation, Tompkins County Soil and Water Conservation District (TCSWCD), Tompkins County Cooperative Extension (CCE), Cornell University, Ithaca City School District, BOCES, T.G. Miller, Cayuga Lake Watershed Intermunicipal Organization (10), and Cayuga Lake Watershed Network (Network) also participate in and contribute to the group. The purpose of the SWG is to facilitate cooperation among the municipalities in their efforts to comply with the Phase II Stormwater Regulations and thus maximize resources and save money. The SWG meets on a monthly basis with meeting facilitation and minute recording shared among participants. Past participation in the SWG was free and voluntary. No formal agreement exists to be a member; however, starting in 2006, a municipality must sign an intermunicipal agreement and pay an annual fee to be a member and receive benefits of the SWG. The SWG is proposing that the MS4 municipalities (County, City, 6 Towns, and 2 Villages) would each pay a membership fee of $1500. The Town Engineer has recommended that this fee be included in the 2006 Town Budget and is working with the SWG along with the assistant Director of Planning to develop the memo of understanding of ' ' participation in the SWG which will be brought to the Town Board for approval before the end of the year. DEVELOPMENT REVIEW CAYUGA MEDICAL CENTER Engineering staff is monitoring the sediment and erosion control practices. WEIDERMEIR SUBDIVISION Sediment and erosion controls are being monitored. One of the lots has been sold and a house built. The NYS stormwater monitoring regulations require a subdivision developer to maintain the sediment and erosion control components of the entire site until all construction is completed on all lots in the subdivision. SOUTHWOODS Construction of phase II improvements is substantially complete. The Town is working with the developer to complete aspects of the stormwater management system, which protects properties down stream of the development. Legal responsibility for maintenance of the permanent storm water management measures is in the process of being finalized. Town Engineer's Report March 13, 2006 Daniel R. Walker Page 3 3/7/2006 TOWN ENGINEERS REPORT 3/13/2006 WESTVIEW SUBDIVISION Construction of Phase I of the roads and utilities has been substantially completed, and the Town Board has accepted that portion of the project. The Engineering staff is monitoring the sediment and erosion control program for the site, which is currently in compliance with the sediment and erosion control plan and general permit from DEC. OVERLOOK ON THE WEST HILL Site work is underway for Phase lb including stormwater detention, mass grading, relocation of the water main and sewer improvements. The Engineering staff is monitoring the site sediment and erosion control measures. ' ^ Town Engineer's Report March 13,2006 Daniel R. Walker Page 4 3/7/2006 Town Engineer's Report for 3/13/2006 Town Board Meeting GENERAL Emergency Management Tompkins County Table Top Exercise On February participated in a Table Top Exercise designed to exercise the setting up of an Emergency Operations Center (EOC) during a major emergency incident in Tompkins County. The exercise included participants from most of the agencies in the county including Cornell (the site of the simulated incident), TC emergency management, TC Department of Health, TC public Works, TC Sheriff, Ithaca Police Department, NYS Police, the State Emergency Management Office, IFD, and the City of Ithaca clerk and DPW. There were over 40 participants. The purpose of the training was to review the functions of the EOC in coordination of efforts to respond to and recover from a major emergency incident. The particular incident for this exercise was a release of poison gas at a livestock show at the CU livestock pavilion. This had been run as a field exercise for emergency responders last year and the tabletop was designed to specifically review the procedures for establishing the EOC. Objectives included: • Communications o Identify and discuss the EOC activation call up procedure o Identify which officials should be in the EOC o Identify and discuss the interface between different entities , • Public Information o Identify means of managing media concerns and access o Provide public information and control rumors • Protective actions for the public • Continuity of operations EARTH FILL PERMITS A fill permit for drainage improvements was issued for the Economy Inn on Elmira Road. WATER PROJECTS East Hill Transmission Main and Storage Tank Excavation for the Three Million Water Storage Tank is nearly complete and work on the site has been limited to maintenance of the sediment and erosion control measures and removal of excess crushed rock from the site. The project is a SCLIWC funded and contracted project and the Town Engineering Staff is providing Construction Inspection and project management services with reimbursement from the Commission. ^^1^ Trumansburg Road Water Tank The Engineering staff is completing plans and specifications to make minor improvements to the tank ' overflow and for recoating the interior and exterior of the tank. The project has been budgeted for in 2006, and will be advertised for bids in March with a contract award anticipated at the April Town Board meeting. TOWN ENGINEERS REPORT 3/13/2006 Trumansburg Road Water Main Improvements Planning has started for a capital project to replace the 80-year-old, 6-inch cast iron water main, which serves Trumansburg Road from the city line to Harris Dates drive. SEWER PROJECTS lAWWTF Phosphorus Removal Project Installation of the process equipment has been completed and startup is scheduled for early March. The general contractor has made a claim for additional payment for delays caused by concrete mix availability. The claim has been evaluated by the engineer and the City Staff and is being denied because the delay was actually caused by the Contractor. Joint Interceptor Sewer Projects The First Street Interceptor construction is proceeding with City of Ithaca forces doing the work. Town Staff is monitoring the construction process, which has been proceeding smoothly. STORM WATER MANAGEMENT * t \ The Town Engineers office is continuing to work on the watershed plan and model for the Town. Data that was collected by the engineering interns will be processed and developed into a stormwater model for the Town. Northeast Development of the drainage plan is continuing with an initial concentration of the Salem Drive area and the Hanshaw Road drainage system. Drainage improvements are being coordinated with the County plan for reconstruction of Hanshaw Road. Storm Water Working Group The Town of Ithaca is a participant in the Tompkins County Stormwater Working Group (SWG), which was formed to meet the needs of municipalities that must comply with the NYSDEC Phase II stormwater regulations. These municipalities are owners of municipal separate storm sewer systems (MS4s) and are required to meet the "minimum measures" of the law. Failure to comply with these regulations (e.g. failure to submit an annual report, failure to adopt required local laws, failure to enforce regulations) may result in fines (up to $37,500 per day). A second component of these regulations is a state-wide requirement for all land disturbance activities (such as construction) that exceed one-acre in size to apply for a stormwater permit. I \ i \ Town Engineer's Report March 13,2006 Daniel R. Walker Page 2 3/7/2006 To\vn of Ithaca Planning Director's .o-"— MmMJIMOMJEpMihRQmidM^im College, Appellant; (4) Variance to allow the continuation of an existing two-family dwelling with two units of equal size in a duplex building was granted, located at 133 Snyder Hill Road, Dennis Stein, Appellant; and (5) Variances were granted to allow a dock to be constructed exceeding the maximum surface area and width of the "L" at the end of the dock, located at 1126 East Shore Drive, Jason Sokoloff, Appellant, Ronald Knewstub, Agent. Codes and Ordinances Committee fCOO: The Committee met on January 18^*^ and February 15**^, 2006 to discuss the proposed Indian Creek & Lake Slopes Conservation Zone, update on the boundary and mapping of the proposed Coy Glen Conservation Zone, and the possible amendment of permitted uses in the Conservation Zone to allow hospitals. The Committee continued discussion regarding work plan priorities for 2006. The Committee held a public information meeting regarding the proposed Indian Creek/Lake Slopes Conservation Zone and also held individual meetings with two of the large landowners in the area of the proposed Zone. The next COC meeting is scheduled for March 15, 2006. Transportation Committee: The Committee met on February 14, 2006 to discuss progress on the preparation of the Transportation Plan. In addition to a revised draft of the pedestrian connections map and a chapter describing the criteria that went into the preparation of the map, a new draft bicycle issues section and map was prepared. Draft pedestrian and bicycle facility design guidelines have been drafted in an Appendix to be included in the Plan. The next meeting is scheduled for March 23, 2006 to discuss a new section on traffic calming, follow-up discussion on the bicycle and pedestrian sections, and an update on any remaining work that we may want our consultants to do. Conservation Board: A meeting was held on February 2, 2006. Agenda items included a discussion of work plan priorities for 2006, reports of sub-committees, update on the proposed Indian Creek/Lake Slopes Conservation Zone, and ideas for the Spring Newsletter. The March 2, 2006 meeting was cancelled due to snow. The next meeting will either be re-scheduled for March 16, 2006 or will be scheduled at the regular meeting on April 6, 2006. ITCTC Planning Committee: The Ithaca-Tompkins County Transportation Council (ITCTC) Planning Committee met on February 21, 2006. The main agenda item included a Transportation Improvement Program (TIP) amendment to add three SAFETEA-LU earmark projects to the TIP, including the Town of Ithaca Gateway Trail project and the City of Ithaca Cayuga Waterfront Trail. The Policy Committee also held a short special meeting to approve the TIP amendment mentioned above. The Planning Committee agenda also included a review of the 2006/07 work program and an update on the Downtown Commuter Survey. The Policy Committee will meet on March 14, 2006. The next meeting of the Planning Committee is scheduled for April 18, 2006. 2005 Annual Report and Work Plan Priorities: The 2005 Planning Department Annual Report was prepared and presented to the Town Board at the February 13, 2006 meeting, along with a memo outlining possible work plan priorities for 2006 and future years, which was also discussed with the Town Board. Affordable Housing Workshop - Better Housing for Tompkins County: The Planning Director attended a workshop on affordable housing co-sponsored by the NYS Rural Housing Coalition and Better Housing for Tompkins County on January 26, 2006. The workshop included an overview of the models, tools, innovative ideas and funding options available to municipalities interested in Town ofIthaca Plahnm§%iMW^s'R^^T^ March 13 2006 Town BiHinl Meeting providing affordable housing. Some of the interesting ideas that the Town of Ithaca might want to pursue include housing land trusts (in which the land trust purchases land, has housing units built, and the housing is either leased or sold to households within specified income ranges, while the land trust holds the land on which the housing is situated, which reduces the value/cost of the housing); and inclusionary zoning regulations (in which a set percentage of affordable housing units are required to be included in any new residential development - we are already researching what other areas are doing in this regard). Spring Newsletter: The deadline for Spring Newsletter articles has passed. Possible articles may include an introduction to the new Town Board members, an overview of the re-organization of the Building & Zoning Department, a storm water column, highlight of work by the Public Works and Engineering Departments, an announcement of the acquisition of the Dress property (if the closing occurs soon), an update on progress of the Transportation Plan, a Conservation Board article (to be determined), a reminder regarding spring brush and leaf collection, and other general announcements. The anticipated schedule is to have the finalized Newsletter in the mail during the beginning of the first week of April. We continue our working relationship with Challenge, which provides sorting and bulk mailing services at a very reasonable cost. I Town of Ithaca Planning Director's Parcel No. 24-5-1, Agricultural Zone. The proposal involves constructing a +/- 10,000 square foot addition on the west side of the existing building to house offices and research facilities. Genex Cooperative, Inc., Owner/Applicant; Egnef Architectural Assoc., LLC, Agent. Moore Dock, Sea Wall, Boat Lift & Mooring, 1028 East Shore Drive: The Planning board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed construction of a rock riprap wall, a dock, a boat lift and mooring at 1028 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-16, Lakefront Residential Zone. The proposal includes constructing an open pile wooden dock, 6' wide by 30' long with an "L" extension to the south 15' wide by 8' long. The plans also include a 10' wide by 15' long boatlift, a mooring placed approximately 65'- 75' from the shoreline and the construction of a sea wall along the length of the property's shoreline. Timothy J. Moore and Michael C. Moore, Owners/Applicants. Sokoloff Dock, 1126 East Shore Drive; The Planning Board considered a modification of the approval for the dock that received Preliminary Approval on January 3, 2006, to allow a longer, narrower dock with a larger "L" at the end than was approved. Based on a negative reaction by the Planning Board, the applicant withdrew the proposed modification. Jason Sokoloff, Owner; Ronald B. Knewstub, Applicant/Agent. Cornell t-GEIS: Based on revisions that were discussed at the January 17, 2006 meeting, the Planning Board accepted the Draft Scope document (revised February 7, 2006) as the Final Scope document for the transportation-focused Generic Environmental Impact Statement (t-GEIS) for a Ten-year Transportation Impact Mitigation Strategy (TIMS) being prepared by Cornell University in cooperation with the Town of Ithaca. Kathryn Wolf, RLA, Principal-in-Charge. Nomination and Election of Vice Chair for 2006: The Planning Board unanimously nominated and elected Eva Hoffmann to continue to serve as Vice Chair for 2006. Februarv 21. 2006 Meeting: Raponi 4-Lot Subdivision, Pennsylvania Avenue: The Planning Board granted Preliminary and Final Subdivision approval for the proposed 4-lot subdivision located on Pennsylvania Avenue northwest of 116 Pennsylvania Avenue, Town of Ithaca Tax Parcel No. 54-7-2, High Density Residential Zone. The proposal involves subdividing the existing +/- 29,585 square foot parcel into 3 new building lots with an additional +/- 977 square foot lot to be attached to an adjacent parcel (725 Hudson St.) located in the City of Ithaca. Mary Raponi, Owner/Applicant. Conifer Village Ithaca Senior Living Community, Conifer Drive: The Planning Board granted Final Subdivision Approval and Final Site Plan Approval for the proposed Conifer Village Ithaca Senior Living Community, consisting of a seventy-two (72) unit independent living and affordable rental project for seniors 55 years of age and older, located on a 9.0 +/- acre parcel north of the existing Linderman Creek Apartments Phase II and III, Tax Parcel No.'s 27-1-13.12 and 27-1- 13.162, Multiple Residential Zone. The proposal involves construction of a +/- 80,555 square foot, three-story building, with an 82-space parking lot, stormwater facilities, landscaping, and associated utilities. The project also includes a secondary "emergency only" access drive to NYS Route 79 using Cypress Court on Tax Parcel No.'s 27-1-13.18 and 27-1-13.17. The remaining +/- 49 acres of the property are proposed for future development phases over a period of years depending on j' Tmm ofIthaca Planning Director's V March !3,2006 Town Board Meeting B ^t ^ ^ market conditions. Conifer Realty, LLC, Owner/Applicant; John H. Fennessey, Agent. The ' } recommendations of the Town Board were addressed as follows: * • Walkways were extended to include a walkway in the rear of the building to make a connecting loop around the entire perimeter of the building; • A certified wetland consultant prepared landscaping plans to provide for wetland plantings in the storm water detention facilities. These had already been designed as micro pools that would provide a wetland-like environment; • Adequate right-of-way was added on the lower portion of Conifer Drive to include an off- road bicycle/pedestrian path if determined to be desirable. A condition was included in the resolution of approval indicating that additional right-of-way width will be required on the upper portion of Conifer Drive (through the remaining vacant Conifer land) if determined to be needed for an off-road bicycle/pedestrian path (Conifer was agreeable to this condition). The Planning Board will continue discussions regarding the options for providing bicycle and pedestrian facilities through the Conifer lands; and • Conifer's building plans incorporated the provision for a possible future second elevator by reserving an area where it can be installed if the need should become apparent. Recommendation Regarding Proposed Indian Creek Gorge «& Lake Slopes Conservation Zone: The Planning Board, after holding a public hearing, issued a positive recommendation to the ' Town Board regarding the proposed rezoning of a portion of land between Taughannock Boulevard ' ^ and Trumansburg Road from Low Density Residential to Conservation Zone. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past two months (since the January 2006 Report). Reviews for Zoning Board: Nine applications for the Zoning Board were processed since the January report as follows: January 23, 2006 Meeting: (1) Front yard setback variance for a single-family home was granted at 303 Old Gorge Road, Chad Horihan, Appellant; (2) Height variance for rugby goalposts was granted at Precinct 9 Athletic Fields, Cornell University, Appellant; (3) Height variance for Conifer Village Ithaca Senior Apartment Building was granted, proposed off of Conifer Drive, Conifer LLC, Appellant; (4) An interpretation was issued confirming that ice cream and concession sales are permitted as a normal function of a miniature golf course, proposed at 869 Elmira Road, Bonnie and James Warren, Appellants. February 27, 2006 Meeting: (1) Height variance was granted for a garage, located at 131 West King Road, Bruno Schickel, Appellant; (2) Height variance for a single-family home with a walk-out basement was granted, located at 108 Southwoods Drive, James A. Clark, Appellant; (3) Height variance for the proposed School of Business building at Ithaca College was granted, Ithaca TOWN OF ITHACA PLANNING DEPARTMENT 215 NORTH nOGA STREET, ITHACA, N.Y. 14850 Jonathan Kanter, A.LC.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director's Report for March 13, 2006 Town Board Meeting DEVELOPMENT REVIEW January 3.2006 Meeting: Cornell t-GEIS: The Planning Board held the second of two public scoping meetings in consideration of the Draft Scope outline (dated November 15, 2005) for the transportation-focused Generic Environmental Impact Statement (t-GElS) being prepared by Cornell University in cooperation with the Town of Ithaca. The t-GElS will address transportation impacts on the community surrounding the campus related to an increasing population traveling to Cornell, and may include recommendations for transportation demand management, multi-modal transportation strategies, access and circulation modifications, and zoning changes. Kathryn Wolf, RLA, Principal-in-Charge. Fain 2-Lot Subdivision, 131 West King Road: The Planning Board granted Preliminary and Final ^ Subdivision Approval for the proposed 2-lot subdivision located at 133 and 131 West King Road, Town of Ithaca Tax Parcel No.'s 37-1-13.11 and 37-1-28, Low Density Residential Zone. The propos2il involves reaffirmation of these two existing lots (vacant lot - 0.889 +/- acres, existing house lot - 1.0 +/- acres) which were previously subdivided but did not receive Planning Board approval. Schickel Construction Co., Inc., Owner/Applicant. Namgyal Monastery, Danby Road: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Namgyal Monastery development located on the east side of Danby Road (NYS Route 96B) across from Sesame Street, Town of Ithaca Tax Parcel No. 43-2-10, Medium Density Residential Zone. The proposal includes the construction of multiple buildings (main building, monk's residence, student dormitories, student rooms/apartments, shrine) on the property totaling approximately 13,000 square feet, to house the local Namgyal Monastery branch in Ithaca. The plans also include parking for 66 vehicles, five seasonal cabins and a bathhouse, a maintenance building, lighting, trails, and new stormwater facilities. Namgyal Monastery Institute of Buddhist Studies, Owner/Applicant. Sokoloff Dock, 1126 East Shore Drive: After considering a proposal to construct an open pile dock, 8' wide by 75' long with an "L" to the north 15'6" wide by 15'5" long, located at 1126 East Shore Drive, Town of Ithaca Tax Parcel No. 19-2-5.2, Lakefront Residential Zone, the Planning Board granted Preliminary Site Plan Approval and a Special Permit for a reduced size version of the dock, not to exceed 60 feet in length and to reduce the area at the end of the dock to no more than \ 12' by 12'. Jason Sokoloff, Owner; Ronald B. Knewstub, Applicant. Town of Ithaca Flanhing'Dif^Ctoy-s^epi •» March 13, 2006 Town BoardMeeting Genex/Monsanto Building Addition, 521 Sheffield Road: The Planning Board considered a sketch plan for the proposed addition at the Genex Monsanto Building, Production Center # 2, located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24-5-1, Agricultural Zone. The proposal involves constructing a +/- 10,000 square foot addition on the west side of the existing building to house offices and research facilities. Genex Cooperative, Inc., Owner/Applicant; Egner Architectural Assoc., LLC, Agent. January 17. 2006 Meeting: La Tourelle Site Plan Modifications (Spa and Room Addition), 1150 Danby Road: The Planning Board granted Preliminary and Final Site Plan Approval for modifications to the previously approved plan for the spa and room addition project at the La Tourelle Country Inn located at 1150 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No. 36-1-4.2, Planned Development Zone No. 1. The proposal involves changes to the proposed stormwater facilities, to the number and location of some of the parking, and modifications to the arrangement of the landscaping and lighting. Walter J. Wiggins, Owner/Applicant. Three Rivers Mini Golf & Creamery, 869 Elmira Road: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Three Rivers Mini Golf & Creamery located at 869 Elmira Road, Town of Ithaca Tax Parcel No. 35-1-10.2, Low Density Residential Zone. The proposal includes the construction of a 18 hole miniature golf course, a 29 space parking lot and entrance drive, a small building for ice cream sales and storage, a gazebo, lighting, and stormwater facilities. Bonnie and James Warren, Owners/Applicants; Robert M. Drew, Project Engineer, Hunt Engineers, Architects & Land Surveyors, P.C., Agent. Cornell t-GEIS: The Planning Board considered acceptance of the Draft Scope document (dated November 15, 2005, revised January 11, 2006) as the Final Scope document for the proposed transportation-focused Generic Environmental Impact Statement (t-GEIS) being prepared by Cornell University in cooperation with the Town of Ithaca. Kathryn Wolf, RLA, Principal-in- Charge. The Planning Board suggested additional revisions and postponed their decision until the February 7, 2006 meeting. February 7, 2006 Meeting: Cornell University Pine Tree Road Office Building, 391 Pine Tree Road: The Planning Board granted Final Site Plan Approval for the proposed Pine Tree Road Office Building project located to the east of 391 Pine Tree Road, Town of Ithaca Tax Parcel No. 63-1-3.4, Low Density Residential Zone. The proposal includes demolishing several existing bams and related abandoned buildings and constructing a new three story, +/- 60,000 square foot office building for Comell University. The project will also include new lighting, landscaping, walkways, stormwater facilities and approximately 250 parking spaces. The proposal also requires a recommendation to the Zoning Board of Appeals regarding the proposed sign variances. Comell University, Owner; Integrated Acquisition & Development, Applicant. Genex/Monsanto Building Addition, 521 Sheffield Road: The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed addition at the Genex Monsanto Building, Production Center # 2, located at 521 Sheffield Road, Town of Ithaca Tax TOWN OF ITHACA Public Works Department's Monthly Board Report February 2006 for the March 13,2006 Meeting ROADS: Relatively mild winter weather allowed us to accomplish several jobs in between snow plowing and salting. Hazardous trees were removed on Sandbank Road and Burns Road. Cleanup from heavy winds was required and brush was trimmed at numerous locations to improve sight distances. Rip rap stone was installed along several areas on lower Culver Road where the adjacent creek has been eroding the edge of the road. We hauled crusher run for our stockpile, cold patched potholes and recent water breaks, mixed salt and Majic, sign maintenance, worked on trucks and equipment, finished Christmas tree pickup, and painted interior walls in the Public Works Facility. '"'N PARKS AND TRAILS: We rented a brush hog attachment that fits our Bobcat skid steer with tracks and took advantage of the mild weather to trim back the sides of several trails and opened up drainage swales at Troy Park. Hazardous trees and wind damaged trees along the trails and in several parks were cleaned up. Electrical and plumbing work on the Tutelo comfort station was continued. We backed up the parking lot pavement with crusher run and Item 4 gravel. WATER: Water main breaks at 219 Tareyton Drive and 600 Winston Court were repaired. We assisted Bolton Point on their regular PRV tour and two other confined space entries. We ditched along the new water main off Stone Quarry Road. A pressure gauge and a new heater were installed at Ulysses' water tank. SEWER: Sewer manholes were located and checked for needed repairs. A crew was sent out to perform the repairs, which have eliminated ground water infiltration. We repaired the sewer pump at Inlet Valley #1 (Wonderland Motel) pump station and replaced a failed pump at Forest Home #1. These are two of our major sewer pump stations in the Town. We also brush hogged around manholes to clear away brush. We repaired the n sewer meter at 1006 Hanshaw Road. Our annual bluebird box maintenance program ^ ^ was done. The mild weather allowed us to get this done early this year. We have plans ! to build more nesting boxes to install at manholes that have been located and cleared — around. Continued inspection at Overlook. Projects to be worked on in March: 1. Snow removal and salt mixing as needed. 2. Continue sewer manhole repairs. 3. Sewer jetting. 4. Continue work on Tutelo Park comfort station. 5. Cold patching. 6. Haul lA gravel for stockpile. 7. Sign maintenance. 8. Continue tree and brush removals. ghk ' \ n 03/01/2006 08:4^ TOWN OF ITHACA B2110-B2110 Transaction Report For the period 02/01/2006 through 02/28/2006 QuantityNameComment 2110 62.-1-3.2. BP 02/02/2006 . BP 02/03/2006 19.-2-22 . BP 02/08/2006 46.-1-15.14 . BP 02/09/2006 45.-1-10 . BP 02/09/2006 19.-2-16 .. BP 02/15/2006 47.-2-2.31 '. BP 02/15/2006 39.-1-1.1 BP 02/22/2006 31.-5-1.4 ). BP 02/24/2006 26.-4-32 ). BP 02/27/2006 70.-10-1.122 I. FSI 02/16/2006 59.-2-16 2. FSI 02/22/2006 39.-1-1.31 3. FSI 02/24/2006 47.-1-11.3 4.C'^ 02/03/2006 357 E KING RD 5. 1 02/03/2006 33.-1-4.14 6. TCO 02/13/2006 28.-1-28.222 7. TCO 02/17/2006 44.2-2-9 8. TCO 02/23/2006 24.-4-14.23, BUlLPrNGS 2 & 4 02/01/2006 24.-5-1 02/07/2006 57.-1-7.8 02/17/2006 21.-2-26 1093 GROUP PRESTAS, GREGORY SOUTHWOOD ASSOCIATES HEATH, BERNIE MOORE, MICHAEL JEFFREY HALL LUCIANO, LINDA GINENTHAL, LEE PIERCE, DAN AND ANGELA GRAVANI, BOB KNITTING MACHINE INC LONGVIEW CODDINGTON ROAD COMMUNITY CTR CAPALONGO, PETER MCAFEE, KEVIN AND MARYBETH MOUNTIN, DAVID MASSICCI, PETER AND NANCY OVERLOOK AT WEST HILL AARON J. EGNER STEIN, DENNIS MENNEN, RICHARD & SALLY 2,000.00 45.00 700.00 60.00 35.00 550.00 25.00 70.00 25.00 60.00 3,570.00 50.00 50.00 50.00 150.00 50.00 50.00 67.50 100.00 275.00 Building Permits category 11 value of ImprovniBnt PeserlptlGn $4,000.00 Construct 50' riprap in Cayuga Lake according to plans $35.00 $1,500.00 reshingle roof $25.00 $7,074.00 Re-shingle house $45.00 $45,000.00 Enclose existing porch & remove bearing vvall $60.00 $2,500.00 Convert single family home into two-family home $25.00 $181,663.00 Convert restaurant Into single-family residence $550.00 $2,200.00 Construct demising wall In tenant space - suite 25 In office bidg. $25.00 $100,000.00 Laser Room Microbiology Research Lab category liUrntf pehftlt ca 1 jnew single-family homes 2jnew two-family homes 3|new multiple residences 4|renovatlons to residential Sjadditions to residential Gjconversions of use 7ibusiness Agricultural institutional 10 educational 11 miscellaneous $200.00 < ^ I \ I I Monthly COs Issued3/6/2006Street N - - ^ StreetName ' ^ - . De^ription '.' ^ -■MCOm6134201 iMaple /\veInstall property/wide fire alarm systems2/13/20066237235 iHungerford Hill RdBaker Institute LAS/Randon Dog area modification2/13/20066542950Danby RdConstruct demising wall in tenent space - suite 25 in office bidg.2/27/20066305361Pine Tree RdRenovate server room including installation of roof equipment2/16/20066473123Judd Falls RdRepair chimney and replace flue^/1/20066329738Elm St ExtNew 2 bedroom house2/13/20066375953Danby RdRenovate storage building2/15/20066417121Pleasant Grove RdUpgrade fire alarm system2/13/20066534950Danby RdInstall overhead door on 1st floor factory wall2/22/20066494405Palm RdLibrary annex extend security system2/16/200659731011Taughannock Blvd jPireplace2/24/2006(cc monthly COs issued for existing buildings 3/6/2006 / ") ! \ Page 1 monthly complaints received 3/6/2006 STREEfsNlP'STREEPNAME^^V l-h COMPLAINl|^BEiii?l^:DMRi^li£l!!® 124 Sapsucker Woods Rd Iproperty maintenance |No Violation Found 2/1/2006 120 Sapsucker Woods Rd jprcperty maintenance No Violation Found 2/1/2006 128 Sapsucker Woods Rd Iproperty maintenance [Abated 2/1/2006 1437 [Trumansburg Rd iproperty maintenance jPending 2/21/2006 172 Calkins Rd Iproperty maintenance Pending 2/6/2006 817 Elmira Rd iproperty maintenance [Pending 2/6/2006 Page 1 n Fiftld Visits { \ Building Code 69 Complaint/Investigation 8 Fire Safety 6 Fire Emergency " " Total 83" 2006 TAX COLLECTION RECEIVER OF TAXES MONTHLY REPORT AS OF FEBRUARY 28, 2006 TOTAL NO. OF TAX BILLS ON WARRANT: 5190 TOTAL TOWN WARRANT (LEVY): $ 5,388,474.31 01/31/06 FINAL PAYMENT: TOWN OF ITHACA SUPERVISOR $ 5,388,474.31 TOTAL WARRANT BALANCE DUE: $ 00.00 MISCELLANEOUS PAYMENTS TO TOWN OF ITHACA SUPERVISOR: ' ? 01/31/06 JANUARY INTEREST RECEIVER'S CHECKING ACCOUNT $ 2,057.25 02/28/06 FEBRUARY PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 1,753.84 03/31/06 MARCH PENALTIES (PAID TO SUPERVISOR IN APRIL) $ 0,000,000.00 TOTAL TOMPKINS COUNTY WARRANT: $ 7,162,526.06 02/13/06 l®'^ PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $5,400,000.00 03/01/06 2*^° PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 250,000.00 ^ 1/06 3"" PAYMENT: TOMPKINS COUNTY BUDGET/FINANCE $ 0,000,000.00 / LANCE DUE TOMPKINS COUNTY WARRANT: $1,151,526.06 \ RECEIVER OF TAXES2006 ACCOUNT REGISTERTOTAL WARRANT AS OF 1/1/06$5,388,474.31DEPOSIT JOURNAL #1$137,434.56Deposit over 98.54 B # 3763DEPOSIT JOURNAL #2$374,985.25DEPOSIT JOURNAL #3$161,846.19REFUND BILL #3763$(98.54)OK #722DEPOSIT JOURNAL #4$126,791.35Deposit over 30 centsDEPOSIT JOURNAL #5$268,920.43Deposit over 63 centsDEPOSIT JOURNAL #6$177,706.97Deposit over 1446.60REFUND BILL #4202$(300.00)OK #723PAID TOWN SUPERVISOR$(1,146.60)In lieu of taxes - Emerson - dep # 6DEPOSIT JOURNAL#?$157,329.28DEPOSIT JOURNAL #8$222,926.36Deposit 30 cts shortDEPOSIT JOURNAL #9$171,088.94DEPOSIT JOURNAL #10$437,201.70deposit over 13.82DEPOSIT JOURNAL #11$333,056.57DEPOSIT JOURNAL #12$311,187.12Deposit over 25.23REFUND BILL# 1355$(25.23)OK #724DEPOSIT JOURNAL #13$217,313.48DEPOSIT JOURNAL #14$506,490.64Deposit over 5 centsDEPOSIT JOURNAL #15$449,541.40Deposit over 2520.15 - CFCU bankcodeDEPOSIT JOURNAL #16$317,965.36Deposit over 71 centsREFUND BILL # 1339 CFCU$(2,520.15)CK# 725$482,941.81Deposit over 1.21DEPOSIT JOURNAL #18$1,599,962.25First American BankcodesDEPOSIT JOURNAL #19$2,759.80Deposit over 103.66 - due to Town of EnfieldREFUND TOWN OF ENFIELD$(103.66)CK#726DEPOSIT JOURNAL #20$401,468.87Deposit over 1 centDEPOSIT JOURNAL #21$460,895.67DEPOSIT JOURNAL #22$1,472,269.54Deposit over 2.52PAID TOWN SUPERVISOR$(5,388,474.31)EFT - 2006 Full warrant paymentINSUFFICIENT FUNDS B # 3337$(2,177.45)BANK CHARGE NSF B # 3337$(10.00)DEPOSIT JOURNAL # 23$864,924.28Tompkins Trust Company Bank CodesDEPOSIT JOURNAL #24$771,266.39Deposit over 3,157.21REDEPOSITED NSF B # 3337$2,192.45JANUARY TOMPKINS INTEREST$2,057.25Interest from checking account-to be paid to supervisor in Apriljj-\ TOWN OF ITHACA WARRANTTOWN OF ITHACARECEIVER OF TAXES2006 SETTLEMENT OF MONEYJanuary 31, 2006$ 5,388,474.31 TO BE COLLECTED FOR 2006 TAX YEARPD TOWN SUPER FINAL PAYMENT $ (5,388,474.31) CHECK # 727 - FINAL PAYMENT OF TOWN WARRANT$ - TOTAL PAID TO TOWN SUPERVISOR 1/31/06PD TOMPKINS COUNTY 1ST PAYPD TOMPKINS COUNTY 2ND PAYPD TOMPKINS COUNTY 3RD PAYTOMPKINS COUNTY WARRANTTOTAL PD TOMPKINS COUNTYFRANCHISES PAID TO TC2ND INSTALLS TO BE COLLECTEDUNPAID WHITE SHEETS$ 5,400,000.00$ 250,000.00$CK # 732 1ST PAYMENT OF WARRANTCK # 734 2ND PAYMENT OF WARRANTCK# 3RD PAYMENT OF WARRANT$ 5,650,000.00 TOTAL PAID TO TOMPKINS COUNTY AS OF4/10/06$ 7,162,526.06 TO BE COLLECTED FOR 2006 TAX YEAR$ (5,650,000.00) TOTAL PAID TO TOMPKINS COUNTY AS OF 4/10/06$ (326,709.65) NO MONEY TO US-PD TO TOMPKINS COUNTY BUD/FIN$ (528,463.20) TOMPKINS COUNTY TO COLLECT IN JUNE 2006$ - TOMPKINS COUNTY TO COLLECT$ 657,353.21 TOTAL LEFT TO PAY TOMPKINS COUNTY AS OF 4/10/06c( f* LL # 2787$(3,157.78)CK # 7281dW-doTi journal #25$312,257.56Deposit ov^n .troDEPOSIT JOURNAL #26$326,709.65Franchises are paid to Tompkins County Budget and Finance DeptREMOVE FRACHISE PAYMENT$(326,709.65)Town does not get money - just records paymentDEPOSIT JOURNAL #27$63,859.44NSF BILL #1782$(846.73)NSF BILL# 1783$(151.84)NSF BANK CHARGES$(20.00)DEPOSIT JOURNAL # 28$89,830.32Deposit over 1491.53REFUND BILL # 2289$(1,491.52)CK#729NSF BILL #2010$(2,015.86)NSF BANK CHARGE$(10.00)REDEPOSITED NSF B # 2010$2,030.86NSF BILL #3627$(1,827.49)NSF BILL #4026$(1,827.30)NSF BANK CHARGES$(20.00)DEPOSIT JOURNAL #29$23,306.87Deposit over 147.75REFUND BILL# 1331$(147.74)CK#730PAID T C BUD/FIN$(26,422.09)CK # 731 - First install service chargesPAID T C BUD/FIN$(5,400,000.00)CK # 732 - First payment of warrantDEPOSIT JOURNAL # 30$40,407.48Deposit over 30.26REFUND BILL #2265$(24.84)CK#733REDEPOSIT NSF B # 3627$1,842.49DEPOSIT JOURNAL #31$32,107.89DEPOSIT JOURNAL # 32$3,530.38Redeposit NSF-B #4026DEPOSIT JOURNAL #33$130,670.66FEBRUARY INTEREST TOT$1,753.84DEPOSIT JOURNAL #34$1,951.06Redeposit NSF - B # 1782 & 1783PAID T C BUD/FIN$(250,000.00)CK#734TOTAL IN CHECKING ACCOUNT$53,253.63AS OF 3/1/06Page 2 Network/Record Specialist Report March 13, 2006 Website • Site of the Month page...This month; New York State E-file • Did You Know link ... This month: IRS tax forms Network Director of Planning and Judge Klein received new computers. A new computer will be installed this month at Judge's bench to allow court clerk real time access to data. A new computer and monitor has been ordered for Judge Klein's court clerk. New software installed on Town Hall and Public Works staffs Palm Pilots. These devises allow staff to carry documents into the field; reducing time and paper waste. New hardware has been installed to Town Hall's phone system. The expansion of the phone system is needed to outfit the Court office with two new phone lines; one for incoming calls and the other for dial-up internet access to the NYS Division of Criminal Justice Services eJustice portal. Additional: 1 continue to support the staff involved with the History Project grant and the Town Clerk with Records Management issues. Once the Town's new committee structure has been established, the Records Management Advisor Committee will hopefully begin meeting again. |ownloadingpictLiieMip://wwwJown.ithaca,nii.usAdefived/conl3Clus.htm_cmp_lwc-ilhaca010_hblagi[.., iStart §Cachefiian ^to-MicrosoflOuHook ^TownDfIthaca-Micr...I , II)y{Town BoardIPersonnel andOperationsPublic Works andRecreationNSAC/RecordsPersonnelPolicyCommunityDevelopmentFiscal ManagementandCapital Projectsy Vnsnortatioiis:pOcrCOCOooOJo13tdopas(13(13rt-H-Scrq>1-3>OasM2=tth-^tS3 ) .: j/Notes:1. Green = Town Board2. Clear = Board Committees3. Red = Citizen/Board Committees4. Blue = Staff CommitteesBoard Committees - Personnel and Operations, Public Works and Recreation, Community Development, and Fiscal Managementand Capital Projects - are created by the Town Supervisor and consist of Town Board members appointed by the Town Supervisorwith the consent of the individual board member and, by tradition in the Town of Ithaca, with the confirmation of the Town Boardunless the Town Supervisor objects.Citizen Advisory Committees - Transportation, Agriculture, and Ag. Land Preservation - if authorized by local law, are created andappointed by the Town Board and consist of Town Board members and community members.Staff Committees - Safety, Supervisor's Advisory Committee, Records and Personnel Policy - if authorized by local law, are createdby the Town Board and consist primarily of staff members appointed by the Town Supervisor.Town of Ithaca CommitteesSection 63 of New York State Law states that "...the supervisor may, from time to time, appoint one or more committees, consisting ofmembers of the board, to aid and assist the board in the performance of its duties." Opinions of the Comptroller (Op. State Compt. 64-1062) and the Attorney General (51 St. Dept. 386 [1934]) state that only town board members may serve on Town Board Committees.In addition, NY town governments commonly establish citizen advisory committees to advise and support town governments incarrying out their duties. Furthermore, the Town of Ithaca has recognized the immense contributions of town officers and staff toeffective committee functioning. Therefore, the Town of Ithaca adopts the above committee structure for the Town.Town Board Committees: Four standing committees consisting of three Town Board members each. Staff and other board andcommunity representatives participate as resources as appropriate. March 13, 2006 Town Board Meeting)r::)DETAIL TOWNTAX & UNIT RATE $ 1.26ASSESSED VALUATIONDETAILASSESSED VALUATIONTOWN OF ITHACAPROPERTY TAX SETTLEMENTLAKESIDE NURSING HOME BANKRUPTCYSUMMARY OF DISPUTED REAL PROPERTY TAXESFOR THE YEARS 2000, 2001 and 20022000FIRE WATER SEWER DELQ WATER DELQ SEWER3.887 $ 54.00 $ 75.00TOTAL CHARGEBACKCHARGEBACK$7,800,000$-$3,500,000$63,852.25$2,187,500$84,049.00$2,175,000$84,241.35$983,000$102,583.85COKCOoCdri-era>1-3>OwbdS3COPage 1 of 3 rc:c:DETAILTAX RATETOWN OF ITHACAPROPERTY TAX SETTLEMENTLAKESIDE NURSING HOME BANKRUPTCYSUMMARY OF REAL PROPERTY TAX RATE IMPACTBASED ON 2005 FINAL TAXABLE ASSESSMENTSFOR THE YEARS 2000, 2001 and 20022000TOWN CHARGEBACK TAX RATEIMPACT1.26ASSESSED VALUATION9^,l/0,UUU 3>Z,/4U.0U $$983,000$1,238.58 $FIRE3.887CHARGEBACK TAX RATEIMPACT7,087.50 $ 0.006936 $ 8,343.30 $ 21,577.50 $ 0.0211638,589.42 S 0.006951 $ 3.770.79 $ 26,150.01 $ 0.025648Page 2 of 3 4:,))'' IX)SUMMARY OF TAX RATE INCREASE / 000 OF ASSESSED VALUATIONDETAILASSESSED VALUATIONTOWNCHARGEBACK TAX RATEIMPACTFIRECHARGEBACK TAX RATEIMPACT$7,800,000$-$-$-$ -$3,500,000$15,687.00$0.0153857$48,165.25$0.0472401$2,187,500$20,648.25$0.0186296$63,400.75$0.0621829$2,175,000$20,695.50$0.0202825$63,545.85$0.0623252$983,000$25,201.26$0.0232441$77,382.59$0.0758962Page 3 of 3