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Home My WebLink AboutTB Minutes 2007-02-12 Final Regular Meeting of the Ithaca Town Board Monday, February 12 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , IVY AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature 4 . Report of City of Ithaca Common Council 5 . Report of Fire Commission 6 . 6 : 00 p . m . — Persons to be Heard a.' Board Comments 7 . Consider approval of request for school speed zone on Coddington Road 8 . Annual Report of Town Officials 9 . Consider acceptance of Town Justices ' Annual Reports 10 . Report on lakefront survey for short term rentals 11 . 7 : 00 p . m . — Public Hearing regarding a local law amending provisions in Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding home occupations 12 . SEQR regarding a local law amending provisions in Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding home occupations 13 . Consider adoption of a local law amending provisions in Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding home occupations 14 . 7 : 02 p . m . — Public Hearing for the purpose of considering a Local Law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding the use of Planning Board Alternate Members 15 . Consider adoption of a Local Law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding the use of Planning Board Alternate Members i Final 16 . 7 : 05 p . m . — Public Hearing regarding a local law amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding exemption for certain disabled persons with limited incomes 17 . SEQR - regarding a local law amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding exemption for certain disabled persons with limited incomes 18 . Consider Adoption of local law regarding amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding exemption for certain disabled persons with limited incomes 19 . 7 : 08 p . m . — Public Hearing regarding amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding senior citizens exemption 20 . SEAR - regarding a local law amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding senior citizens exemption 21 . Consider Adoption of the Town Code titled "Taxation " regarding a local law amending Chapter 239 of the Town of Ithaca Code titled "Taxation " regarding senior citizens exemption 22 . Consider approval of specifications and authorization to solicit bids for the purchase of a medium duty dump truck 23 . Discussion of West Hill Trail System 24 . Discussion of Association of Towns Resolutions -25 . Consider approval to increase Code Enforcement Officers standard work week 26 . Consent Agenda a . Approval of Town Board Minutes b . Town of Ithaca Abstract c. Bolton Point Abstract d . Authorization for Erosion and Sediment Control and Stormwater Management Training e . Authorization to Attend Cornell University ILR School Continuing Education Workshop f. Establishment of NY State and Local Retirement Systems Standard Work Day 27 . Report of Town Committees a . Agriculture Committee Final b . Agricultural Land Preservation Committee c . Alternate Energy Committee d . Capital Projects and Fiscal Planning Committee e . Codes and Ordinances Committee f. Ethics Board g . Personnel Committee h . Public Works Committee i . Recreation and Human Services Committee j . Records Management Advisory Board k . Safety Committee I . Transportation Committee 28 . Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Trail Committee c . 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 i . Tompkins County Council of Governments (TCCOG) 1 29 . Review of Correspondence a . 1 / 10/07 letter from L . Sallinger re regional fire department b . 1 / 17/07 letter from NYSDEC re state wildlife grants c . 1 / 18/07 letter from Ag and Markets re Agricultural and Farmland Protection Implementation Grant application d . 1 / 19/07 letter from J . Franklin re RPTL — 485 (e) e . 1 / 19/07 letter from S . Broc f. 1 /20/07 letter from J . Bacheller, Empire State Development , re 2010 Census g . 1 /30/07 letter from A . Green re Cass Park use statistics h . 1 /26/07 letter from J . Franklin re Local Advisory Board of Assessment Review i . Flyer re Local Update of Census Addresses ( LUCA) j . SPCA monthly report 30 . Consider Adjournment February 12 , 2007 Town Board Meeting Approved March 12, 2007 Regular Meeting of the Ithaca Town Board Monday, February 12 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 THOSE PRESENT : Supervisor Valentino ; Councilman Burbank ; Councilman Engman ; Councilman Stein ; Councilman Cowie ; Councilwoman Leary STAFF PRESENT : Tee-Ann Hunter , Town Clerk ; Fred Noteboom , Highway Superintendent ; Daniel Walker, Director of Engineering ; Judy Drake , Human Resources Manager; John Kanter, Director of Planning ; Al Carvill , Budget Officer; Susan Brock , Attorney for the Town OTHERS PRESENT : Robin Korherr, Common Council ; Bob Romanowski , Fire Commission ; Larry Fabronni , 1 Settlement Way CALL TO ORDER Supervisor Valentino called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 4 — Report of Common Council Robin Korherr appeared on behalf of Common Council and reported as follows : Mayor Peterson has redone her committees for 2007 and made some changes . She has removed the environmental piece from the Planning Committee and added it to the Neighborhood Services Committee . She has also created a Communications and Emergency Response Committee allow the City to work through many of the changes with County' s 911 system . City Administration stays the same . Ms . Korherr will serve as liaison to the Town Board during 2007 . Common Council voted unanimously to create a J . Diane Samms award to honor a local person who has made a tremendous impact in our community as it relates to diversity and race issues . A person will be honored in February of each year. This year it was Frances Eastman who is a 90-year-old woman who has done a tremendous amount for women and children in the local community . She was the first black woman supervisor for the medical records at Cayuga Medical Center. Under City Administration , they approved a 2 . 3 million dollar project . It' s a jobs and controls energy savings project . The City will take their list of recommendation over a 15 year period of time and issue serial bonds the payments of which should be fully paid with guaranteed energy savings . The County underwent a similar project and they were very successful . The City hopes to equally successful . There was much discussion regarding water source options and are proceeding with environmental review of two options . Common Council decided to fully scope , as much as possible , the environmental review for both options . They realize the cost will be in excess of what was budgeted for the full SEQR process but feel it is very important to bring all the information to the Council as well as to the public in determining which route they should go . 1 February 12, 2007 Town Board Meeting Approved March 12, 2007 The Mayor brought forward an individual member filed resolution regarding New York State aid to municipalities . The City was very appreciative of the small percentage increase they received for 2007 , but wish to request further consideration for cities that carry a large tax burden because of a significant amount of tax exempt property. The City, at last count , was 70 . 2 % tax exempt . The resolution was passed unanimously and Ms . Peterson will be presenting it at the upcoming NYCOM conference . There was another individual member filed resolution brought forth in regards to immigration enforcement . There are some practices that the U . S . Customs Authorities are enforcing that Common Council find unacceptable . Some of the misconception of enforcement can trickle down to local law enforcement . The resolution was sent back to committee for some work before coming back to full Council . Ms . Korherr finished with her report and Supervisor Valentino asked for questions from the Board . Mr. Burbank asked Ms . Korherr to elaborate about the City' s water source options . Ms . Korherr reported that the Committee formed by Mayor Peterson came up with two water source options : one being to outsource the City' s water supply to Bolton Point , the other being to build a new facility . There was an extensive report by O ' Brien and Gere , which reported that the cost to residents of either option is similar. The City has to decide if they want to merge with Bolton Point and lose some of the power over their water supply , the quantity, the quality , and the cost , or maintain a plant locally and maintain oversight . Ms . Valentino asked if the plant option was on the same site as their current water plant . Ms . Korherr told her that she was correct . Mr. Burbank reported having heard on the news that the City had a new sidewalk maintenance effort and asked for more information . Ms . Korherr told him that some 10 years ago the City stopped maintaining any type of sidewalk program . The Department of Public Works lost a number of positions and this program was one of the first to go . Mayor Peterson has brought in additional Public Works positions to look at several things , one being sidewalk assessment and implementation of a cost effective way for residents to pay for sidewalk repair. Agenda Item No . 5 — Report of Fire Commission (Attachment # 1 — written report) Bob Romanowski appeared before the Board and read his monthly report (attached to these minutes) . Agenda Item No . 6 — Persons to be Heard and Board Comments Larry Fabronni appeared before the Board as the project engineer for Briarwood II and commented as follows : I 'm here this evening as the project engineer for Briarwood 11 and my intention is not to take up a lot of your time tonight as much as to ask to appear before whatever committee is appropriate to talk about the progress of the project, to tell you a little bit about where we came from 2002 to the preliminary subdivision approval and those 31 items I 've been working on since then to perfect the project. I 'm pretty astute in the sense that I read the newspaper 2 February 12 , 2007 Town Board Meeting Approved March 12, 2007 and I 'm aware of blog pages and other things that are going on. So that's more the reason I felt it was a good idea to come before you and say that we have been working hard at this project. We have heard a lot of the concerns and we think we 've dealt positively with them and we 'd like the opportunity to tell the Town Board about them. We told the Planning Board plenty about that. We came in 2002, like I say, with a simple little 12-lot subdivision in the middle of the whole property. We were asked to develop a master plan. The first time we came back the Planning Board didn 't like it very much so we went off and after a year and a half of discussions with Cornell we came back with what 1 think is a landmark opportunity for everybody and it was a quantum jump by Mr. Lucente in terms of his thinking that he would basically turn over half of the land that was involved to the Lab of Ornithology. It seemed like a good caretaker, the Town was looking for a caretaker rather than taking on more open space. So there are a lot of good things that we thought we came back with beyond what the Planning board asked for that second time around and we 've been working at things. We 're well aware of drainage things the engineers and the planners have been working on and talking back and forth with them and trying to enhance what plans they have or even add to them. I guess my reason for wanting to meet with you with whatever committee is appropriate is to find out how we could collaborate and actually improve things and answer the concerns that exist. So, without belaboring it, I thought this was the best opportunity to talk to all of you. Some of you don 't know me . I 'm the infamous Town Engineer from 1974 to 1986. 1 put the sewer through Herb 's backyard; I don 't think he could find it back there; I think I did a good enough job. And the water and sewer in Will's neighborhood. I was thinking back, the biggest drainage problem the Town ever had was up in Easter Heights. That was probably the reason they first hired an engineer for the Town . Dan and his staff have continued on and done a great job with our humble beginnings when there was only 2 or 3 of us in the office. I think in this case, similarly, there was always a low property on Pinewood, even back when I was Town Engineer and a lot of pressure from those people because the people along the backs of Birchwood and Maplewood would fill the ditch in and cause problems for the lowest property in the area. Some of these problems aren 't new, even 33 years ago. And people don 't understand sometimes how roots grow in footer drains and pumps wear out and those sorts of things. Again, I 'd just like the opportunity if you 'd let me know where and when, we 'd be happy to have whatever dialogue seems appropriate and -thank you for the opportunity of talking to you. Ms . Valentino thanked Mr. Fabronni for coming before them . She asked if their proposal was due to come back before the Planning Board soon . Mr. Fabronni told her it would be coming fairly soon . They had a long delay because the Corps of Engineers lost their materials for six months . They only recently submitted a 12 drawing set of drainage designs to Dan . He thought probably in a month or so they would have the whole package put together. He guessed in would be April when they went back . Councilman Stein reported having been engaged in some discussion about the proposed project and asked if the Town Engineer understood Mr. Fabronni ' s position or were there things he had to say that he has not said to the Town Engineer. Mr. Fabronni stated that as far as the drainage calculations go they were on the same page . As far the whole evolution of the project and things that they've looked at as far as problems brought to their attention and how they have analyzed them , he felt there was something missing . They have done five years of work and went through quite an analysis with the Town Planning Board , Mr. Stein told him he thought it was important that Mr. Fabronni let the Town Engineer know 3 February 12, 2007 Town Board Meeting Approved March 12, 2007 anything he felt the Town Board ought to know. It seemed to him more efficient for the Town Board to get their information from the Engineer. Supervisor Valentino told the Board she had spent a great deal of time over the past week with the Town Engineers , reviewing the drainage plans and asking questions . They have come up with more drawings and plans she thought would be helpful for the Town Board to see the drainage basin and the houses of the people from whom they have gotten complaints . Mr. Walker told the Board he was aware of the conditions in the area of the proposed development . He and Mr. Noteboom have been aware of problems as they have come up . They have solved some of them and there are still more out there to solved . Mr. Stein reiterated his feeling that Mr. Fabronni should communicate his position to the Town Engineer, from whom Mr. Stein felt he could most efficiently get the information . Mr. Walker stated again that he was aware of all the engineering considerations and all the issues that Mr. Fabronni has been working on . Mr. Fabronni told them he agreed and then qualified his agreement stating there are land use issues , and there are engineering issues , and then there are issues that the Planning Board and the applicant never even heard about that seem to be of concern . It' s hard not to talk to whoever is considering all of these things . Mr. Fabronni continued stating . Mr. Walker and Mr. Kanter have been over a lot of the issues that came to the Planning Board and were resolved . There are obviously a few people who didn 't think they were resolved . We need to move forward positively . Mr. Kanter commented that before the finalized plans go back to the Planning Board they will have to come to the Town Board for an indication of whether the Town Board will be willing to accept the concept and location of the improvements : the road , the utilities , storm water. That' s a place where Mr. Fabronni and Mr. Lucente will have to come and make their case before the Board . Whether they wanted to have something informal before that or do it all there , one way or another the Board is going to have to hear it from the applicant . It is not something that Mr. Walker or Mr. Kanter will present to the Board . They can 't ; it' s not their project. Ms . Valentino thought Mr. Stein was right that Board members should direct their questions to staff. She thanked Mr. Fabronni and he should continue to work with staff. Supervisor Valentino asked for Board comments . In response to Town official ' s annual reports , Mr . Engman stated he was impressed with the amount of work and the accomplishment going on in the Town . He brought the Board 's attention to the recent addition of the Association of Town ' s magazine . Of particular interest is an open meetings law opinion which says , " regarding inclusion of the names and addresses of those who address a public body during meetings and hearings , there is no obligation to include names and address in the minutes , and in some cases it may be unwise to do so . " Mr. Engman thought the Board should be thinking about what they want a policy to be in that regard . Another decision that was surprising to Mr. Engman concerned public hearings . If the public hearings are not part of a regular meeting , if it' s a special public hearing , the Committee on Open Government has found that such hearings are not subject to the provisions of the Open Meetings Law. He thought the Board should look at and think about these items and , at some point , talk about. Ms . Valentino reported having received an 4 February 12 , 2007 Town Board Meeting Approved March 12, 2007 email from Guy Krogh regarding the question of roll call vote . He has concluded that a roll call vote is not required . Additional Agenda Item Ms . Valentino asked the Board if there would be any objection to adding an agenda item regarding a water meter issue on a Cornell property . There was no objection . Ms . Valentino reported attending a meeting regarding the proposed Coddington Road reconstruction project . There is a group going up to Syracuse on February 27th to meeting with the regional DOT people . Mr. Noteboom , Mr . Lampman , citizens , and Ms . Valentino are going . They are going to make voice their concerns regarding the width and leveling of the proposed road . Ms . Brock asked if the Board wanted a closed session to receive advice of counsel . The Board agreed to add the closed session to the agenda . Mr . Engman asked Ms . Brock if there was any more information on the Finger Lakes Land Trust project . She said there was and the item was added to the agenda . Ms . Valentino reported that she and Mr. Carvill had finished the annual financial report required by the State Comptrollers Office and submitted it today . She would be providing Mr. Stein and Mr. Engman with copies of the report and offered to provide any other Board members with copies upon their request . There are copies in Town Hall available for their review. Agenda Item No . 7 — Consider Approval of Request for School Speed Zone on Coddington Road The Board received a draft resolution in their packets . Mr. Engman moved and Supervisor Valentino seconded the resolution as presented . Mr . Burbank asked that the words " a request' be added to the resolved paragraph following " Safety Division " . Mr. Engman and Ms . Valentino accepted the addition . TB RESOLUTION NO . 2007-029 : School Speed Zone Request WHEREAS , the Town of Ithaca has received a request from the Coddington Road Community Center and the parents , who are sending their children to the center, for a school speed zone on Coddington Road , and , WHEREAS , the request is being made because children walk and ride bicycles to and from the Community Center and hills and curves produce poor sight distance in the area of the Community Center; and WHEREAS , the Public Works Committee has reviewed and supports this request , and now therefore be it , 5 February 12, 2007 Town Board Meeting Approved March 12, 2007 RESOLVED , the governing Town Board of the Town of Ithaca does hereby request that Tompkins County forward to New York State Department of Transportation Traffic Safety Division a request to establish a school speed zone limit on Coddington Road . 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 . Motion carried . ABSENT : Councilwoman Gittelman Agenda Item No . 8 — Annual Reports of Town Officials (Attachment #2 — Annual reports ) Annual reports were distributed as part of the Town Board Packet . Ms . Valentino asked if any officials had anything further to say regarding their reports . There were no further comments . Agenda Item No . 9 — Acceptance of the Town Justices ' Annual Reports (Attachment #3 — Justices ' annual reports ) The Board received copies of the Justices ' annual reports in their Board Packets . Ms . Valentino brought the Board ' s attention to the discrepancy in the number of cases before Judge Klein as compared to those before Judge Salk . Ms . Valentino stated that there has always been a problem of balancing caseloads better. Mr. Stein suggested the Town asked Sheriff Meskill to tell the officers to alternate between the judges when writing tickets . Ms . Valentino told him they have asked them to do that , but the officers have the option to do what they want . Mr. Stein thought the Sheriff could look and see what they are doing and why they are not alternating . Ms . Drake added that it is not just the Sheriff' s Department; there are also tickets coming from Ithaca College and Cornell . Mr . Engman commented that one judge is handling twice as many cases . That did not seem to make a lot of sense and something needed to be done to balance it out . TB RESOLUTION NO , 2007=030 : Acceptance of Town Justices ' 2006 Annual Reports BE IT RESOLVED , that the Town Board of the Town of Ithaca accepts the Town Justices ' annual reports as presented . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion carried . ABSENT : Councilwoman Gittelman . 6 February 12, 2007 Town Board Meeting Approved March l2, 2007 Agenda Item No 10 — Report of Lakefront Survey for Short Term Rentals (Attachment #4 — memo from J . Kanter and survey results) Mr. Engman reported that Codes and Ordinances has discussed this a lot . There is at least one person on the lake that is renting her house on an almost commercial basis . A neighbor didn 't like this all the traffic going to his neighbor' s house and all the parking problems and the noise , and so the Town starting looking into the issue . They decided to do a survey of the residents of the lake . Mr. Engman stated the staff did a magnificent job of coming up with a great survey . The response rate was very high ; over 50 % . Mr . Engman found the survey results interesting and informative but inconclusive in terms of what the Town can do . Even if the Town did try to do something , Mr. Engman was unsure how it could be enforced . There are lot of people who rent their homes for Cornell graduation and Ithaca College graduation . Mr. Engman felt trying to find a line to draw would . be difficult. He told the Board his own feelings aside ; there were others on the Committee who did not agree with him , felt it was an issue that they should do something about . Mr . Engman went on to talk about a " keyhole " way of using lakefronts . That might happen if a condominium owner were to buy a lakefront property . They then use that as a selling point for the condominiums ; " Buy a condominium here and you have lakefront access" . If that sort of thing happens you could have 50 people in a residential neighborhood enjoying the beach . This practice poses the question of whether that is how people who bought houses want the lot next door to them to be used . The Committee talked about this and how does it not become a taking if you refuse to allow somebody to use lakefront for such a purpose whereas the next-door neighbor can invite 50 relatives down . Why is that any different from those who live in a condominium ? The Committee did not come to any conclusion on these issues and thought if the rest of the Town Board had a chance to look at the survey and think about the issue maybe they could give the Committee guidance as to whether they want Codes and Ordinances to pursue this any further. Mr. Stein felt it was worth the Town ' s effort to give some relief to a person he feels should not be subjected to that kind of environment. I thought the Committee ought to try to figure out a way of doing that . Ms . Valentino cautioned against passing laws that the Town cannot enforce . She stated that the Town works very hard passing laws that they feel they can enforce . Mr. Stein stated he understood that ; he was responding to the statement that the Town shouldn 't pass a law because we are not going to go and ask everybody what their leases are . Because you are not going to ask everyone does not mean that you cannot pass a law that enables the Town to respond to a complaint that someone is breaking the law . Mr. Cowie commented on the lack of theme in the qualitative survey responses . The responses are all over the map , with the possible exception of people wanting long -term rental only . Ms . Leary said the survey indicated that most of the owners that did rent said they rented because it helped with their family income but sounded as though they would have no objection to restricting short-term rentals . There was a lot of support among those who expressed any opinion that they would probably support a restriction against short-term rentals . Ms . Leary' s stated her feeling that if the area is zoned residential , not zoned commercial , the Town shouldn 't be allowing commercial uses . It' s really a stretch to make a 7 February 12, 2007 Town Board Meeting Approved March 12, 2007 comparison between a family , even an extending family , using their property and someone using their property for a commercial use in an area that is not zoned commercial . To restrict that is not a taking any more than any other zoning restriction the Town imposes . Mr. Engman commented regarding the causes of people ' s complaints stating that noise is 50 % . The Town already has a noise ordinance so 50 % of the problems could be taken care of through the noise ordinance . In terms of the long-term leases , 71 % said that they sign one lease per year and 29 % sign two to five leases per year, that 100 % . According to the survey responses , nobody is doing more than 5 leases a year. Even if the Town passed a law that said you can 't have more than 5 leases a year, we are just doing what is already being done . Mr. Engman felt that was part of the complexity of the issue . How does the Town figure out what is a reasonable restriction because it seems like it is almost self-regulating ? Mr . Engman reported they couldn 't see any clear pattern as to how to put limits on it . Mr. Stein restated his feeling that because they are aware of only one person whose practice is the cause for complaint was reason enough to do something to make it against the law to do something the Board thinks is unreasonable . Ms . Leary stated that , if anything , the fact that most people are not creating a nuisance argues for putting a law in place that keeps it that way . The Town won 't be inconveniencing a lot of people with a law like this . They would be providing a safety net so that there are no flagrant abuses . It doesn 't mean the law isn 't needed . Mr. Burbank stated his feeling that the lake is the singular recreational entity that defines the larger community . It is very very special . The costs associated with ownership are directly the result of there being very limited access . As somebody who cannot afford to own a vacation home but who regularly rents , I value that ability in other communities . It needs to be done in a way that respects neighbors . He feels the Town ' s noise ordinance does that . He did not think the act of short-term rentals is intrinsically bad , especially in a context like the lake . Mr . Engman stated that the survey show 30 % of respondents do rent out their places . That' s a large percent . In other neighborhoods people also rent out their houses . The Town is a community in which people rent out their houses a lot . Renting to other people is not an unusual thing in the Town of Ithaca . Ms . Leary commented that they were longer term rentals and the people who answered the survey favor longer term rentals and want short term rentals prohibited . The Town would not be posing a burden on people who are renting their properties ; we would just ensure that the people who live there have a reasonable amount of peace and quiet . There is a qualitative difference between someone who is there just for the weekend and someone who is there for the year. There ' s more of a connection and more social pressure to keep the noise down , keep the garbage down , things like that . Councilman Stein moved that the Board refer the issue back to Codes and Ordinances and ask them to think some more about the problem of the short term rental . Ms . Leary seconded the motion . 8 February 12, 2007 Town Board Meeting Approved March 12, 2007 As a member of the Codes and Ordinances Committee , Ms . Valentino felt the committee worked extremely hard and spent a great deal of time trying to reach a reasonable solution . The one major complaint the Board had that triggered this consideration could mainly be handled through the Town ' s existing noise ordinance . While the Board could ask them to look at the issue again , she was not sure the Board would get any different answer than they just got . Like Ms . Leary and Mr . Stein , the committee felt they would like to do something but where they ended up was there was no solution they could figure out that was going to be reasonable . TB RESOLUTION NO . 2007 =031 : Refer Issue of Short Term Rentals in Lakefront Residential Zone to the Codes and Ordinances Committee BE IT RESOLVED , that the Town Board of the Town of Ithaca refers the issue of short term rentals in the Lakefront Residential Zone back to the Codes and Ordinances Committee for further consideration . MOVED : Councilman Stein SECONDED : Councilwoman Leary VOTE : Supervisor Valentino , nay ; Councilman Burbank , nay ; Councilman Engman , nay ; Councilman Stein , aye ; Councilman Cowie , nay ; Councilwoman Leary , aye . Motion Failed . ABSENT : Councilwoman Gittelman Agenda Item No . 22 — Consider approval of the specifications and authorization to solicit bids for a medium duty dump truck (Attachment #5 — Bid specifications ) As chair of the Public Works Committee , Mr. Stein reported he had seen the specifications and authorization for the truck and stated he was in support of the motion . TB RESOLUTION NO . 2007=032 : Approval of Specifications and Authorization to Solicit Bids for the Purchase of a New Medium Duty Dump Truck WHEREAS , the Town of Ithaca Public Works Department has discussed with the Public Works Committee the need for a new Medium Duty Dump Truck , and WHEREAS , the money is available from the regular expense account [ DB5130 . 200 (60 % ) , A7110 (20 %) , F8340 ( 10 % ) , G8120 ( 10 % )] , and now , therefore , be it RESOLVED , that on the recommendation of the Highway Superintendent and the Public Works Committee , the specifications for a new Medium Duty Dump Truck are approved , and further RESOLVED , that the Town of Ithaca Town Clerk be authorized to advertise and receive bids for a new Medium Duty Dump Truck . MOVED : Councilman Stein 9 February 12, 2007 Town Board Meeting Approved March 12, 2007 SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motioned Carried . ABSENT : Councilwoman Gittelman Additional Agenda Item — Consider approval of second water service Ms . Valentino told the Board this issue has to do with the new building Cornell is constructing near the East Hill Plaza . Bolton Point rules state you can only have one water meter per parcel . There are two at Cornell ' s new project in Eastern Heights . When the rules were written they did not want to have apartment complexes with individual water meters . They' re hard to monitor, people move in and out , and they established a rule of only on water meter per tax parcel . That policy becomes difficult with some of the larger commercial buildings . They need to go back and do some research , constitute a committee to look at the Bolton Point rules and regulations . The Bolton Point Water Commission will allow a second meter on this parcel as long as the Town Board is willing to say yes . Mr. Walker added that this rules is directed toward residential properties and , in fact , there are a number of other parcels in the Town that already have been approved by Bolton Point for water services that have multiple meters per parcel . Each building at Overlook has a separate meter. Mr. Burbank questioned the wisdom of discouraging multiple meters . If we are moving toward an era where water will be perceived as a precious commodity , meters by definition encourage people to be aware of their usage , lack of metering you can afford to be oblivious . He encouraged the Town to rethink this policy . Mr. Walker explained that all the Town ' s water accounts are charged for a minimum water usage of 10 , 000 gallons a quarter. A lot of the Town ' s smaller properties use less than that . Additionally there are buildings in places such as Winston Court that have apartments in them ; there are 8 meters in those buildings . That is one of the things that caused Bolton Point to pass this regulation . You get a lot of turnover, it is hard to collect , and the landlord is responsible . There is nothing in the regulations that say you can 't sub-meter if you want to . This simply limits it to one account per building . Mr. Stein expressed concern regarding the metering at Overlook . He was uncomfortable with having a practice that isn 't enforced , or enforcing it some places and not other places . Mr. Walker stated he had raised the issue of Overlook and College Circle with Bolton Point . On these two properties , the Town owns the water mains that go through the properties because the conductivity to our system is important for the grid . On these two parcels , the Town has an easement and owns the water main that goes in front of every building . Mr. Walker felt they needed to look at the issue from an engineering standpoint and from a maintenance standpoint and make a decision , not have an arbitrary rule . This is the next step , but changing rules and dealing with 5 municipalities take time . The resolution before the Board is a stop gap measure . 10 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Mr. Engman moved and Councilman Stein seconded the resolution . TB RESOLUTION NO . 2007-033 : Approval of Second Water Service on Tax Parcel 63 . - 1 - 3 .4 WHEREAS , the Pine Tree Road Office building , being constructed by Cornell University behind CISER on Tax Parcel 61 - 1 -3 . 4 , has been approved by the Town Planning Board as a second educational use building on an existing Tax parcel , and WHEREAS , both Buildings are owned by Cornell University , but are operated as separate functional entities on the same premises , and WHEREAS , the SCLIWC rules and regulations revised and adopted in 1993 do state in Section 1 -9d ( Sub-metering ) " SCLIWC shall allow and supply only one meter to a single tax parcel . " The Rules also state in Section II -2c ( Independent water service lines) " If more than one service is desired for the same premises , a separate application shall be made for each service . " and WHEREAS , a separate plumbing permit was applied for the office building and a separate water service for the building was constructed , now, therefore be it RESOLVED that the Town Board of the Town of Ithaca approves the connection of the new Pine Tree Rd office building to the Town of Ithaca Water main as a second service on Tax Parcel 61 - 1 -3 . 4 , and that a separate meter will be allowed for the facility . 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 . Motioned Carried . ABSENT : Councilwoman Gittelman Report on the Finger Lakes Land Trust Proposal Attorney Brock reported that the County' s Planning , Development , and Environmental Quality Committee apparently considered the County' s donation today . The meeting was this afternoon and Ms . Brock had not heard the result . In the draft resolution , the County was proposing to pay $20 , 000 . There was no mechanism specified in the resolution for how the County would get the money to the Land Trust or what type of agreement the County would enter into . She thought that would be left to the discretion of County staff. If the resolution passed today it should come before the full Legislature early in March . Ms . Brock has spoken to County Attorney Jonathan Wood about the language that is in the deed and how to make revisions . Mr. Wood is trying to make contact with Cornell Council ' s office to move that issue along . 11 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Ms . Valentino felt that they needed to deal with whether or not this is an appropriate policy for the Town . It is different from anything the Town has done before . Agenda Item No . 23 - Discussion of West Hill Trail System (Attachment #6 — memo from J . Kanter) Mr. Kanter reminded the Board the reason this came up for discussion had to do with the conifer Village proposal and how the trail system would be integrated with that proposal and with Conifer Drive . He thought the key part of that discussion had to do with whether there could be some connection on an interim basis to allow residents to get to the West Hill park that is just north of Conifer Village . Mr. Kanter had a map of the West Hill area for purposes of references . Mr. Kanter reviewed the map with the Board indicating a road system going up that would go at least from Mecklenburg to Bundy Road . Along with that would be a bicycle and pedestrian system either on or off road , that hasn 't been determined . The West Hill Town park that the Town owns is not developed , it probably is not likely to be developed for a number of year, until the West Hill area has more growth on it . The Town does have an easement to access the parkland , but right now there is no physical way of getting to the park unless the Town decided that they wanted to do something on an interim basis to provide easy access for people in the area . Mr. Burbank thanked Mr. Kanter for providing a map . Mr. Burbank stated he was prompted when the Conifer proposal came forward realizing that this was phase 3 of a 4 phase project and wondered at what phase the pedestrian component kick in and would the Town be able to have them shoulder some of the costs to develop that . Mr. Burbank stated he was also concerned that the Town identify the overall corridor for the pedestrian / bicyclist route and give it an official designation so that when other parcels come on line for development the route has status , is not just a general idea . Mr. Kanter added that among the materials provided to the Board for the Year- End Meeting was a series of materials relating to that part of the discussion . Basically where the Planning Board left off with the trail system was that first of all they did require a wider road right-of- way in ensure that a trail could be included . For the improved part there ' s a 100-foot wide right of way for the initial part of Conifer Drive and an 80-foot wide right of way for the remainder up to the Conifer Village entrance . The Planning Board resolution additionally said , for any future development of this remaining Conifer subdivison the Board would reserve the right to look at the possibility of a wider right of way than would normally be required . Conifer agreed to look at that further for this remaining portion , at least for the Conifer portion of the property . The Planning Board could not make an determination at that point about what type of trail it should be , whether it should be an off- road bicycle and pedestrian trail or whether it could be incorporated into the actual road system with sidewalks and wide shoulders . The Planning Board felt it was appropriate to hold of on decisions on the final trail format until both the Town Board and the Planning Board could make decisions about what type of trail they wanted . The Planning Board felt that they didn 't have enough information at that point to make the decision . Mr. Kanter thought Conifer was indicating agreement to work with the Town on the future trail to be incorporated into the future development . This still leaves . the issue of interim access to the park as another issue that the Board might want to talk about . 12 February 12, 2007 Town Board Meeting Approved March 12, 2007 Mr. Engman thought another issue that was talked about in the agenda committee meeting was whether there could be temporary access before the final decisions are made and what liability might that entail for the Town . If there is going to be construction on the senior citizens complex , for example , is it reasonable to have people walking through the parcel and what would be the liability . As Mr. Engman understands it , there is a second right of way that goes to the park . Mr. Walker stated that there is a water main that runs across the westerly part of the Linderman Creek property and there is a water tank in the City on Oakwood Lane . The Town ' s water line runs straight up the hill to a control building and the Town has a 20- foot wide permanent easement on the property . To get access to the control building the Town has stabilized the roadway and keeps it mowed . It' s a defacto grass trail adjacent to the Town park . Mr. Walker stated the Town ' s easement is for access to the water line , he did not think it stated general public access . Getting Conifer to give the Town an easement to utilize that for pedestrian access would probably not be a big issue . Some time of the year it is wet and soft , you wouldn 't want to drive , but people could hike back in there . When the Town built the water line there was a lot of concern from City residents , they did not want an access road . Supervisor Valentino asked Mr. Burbank if there was something he wanted the Board to do . Mr. Burbank stated he wants a referral to action at appropriate times . The first thing he would like to do is to have somebody look at the corridor and say if that is the right corridor. He would then like to officially designate that route from Overlook on down . Mr. Kanter told him this is shown on the Transportation Plan Maps in the pedestrian bicycle corridors as a priority link . Mr . Burbank acknowledged that but stated it was not yet on the Town map . Mr. Kanter stated if an when the Transportation Plan is adopted it will give it a good bit of weight as an indication of what would be planned there . Putting it on the official map is certainly a possibility ; the road system is on the proposed official map . Mr. Kanter told him they could certainly add to that where the West Hill Trail would go , if that is what they want to do . One issue with putting things on the official map is that when you put something on the official map it is much more specific and detailed in terms of location and what it will be than on a plan , like the Open Space Plan or the Transportation Plan . Mr. Burbank stated they could define a fairly broad corridor and it could be changed , but it is a reference point the Town would have to consider as development projects come up . Mr. Burbank asked what the appropriate route would be for looking at that and come back with a recommendation . Mr. Kanter thought it could be something the Transportation Committee would look at as it is finalizing the recommendations on the Transportation Plan . Mr. Kanter did not feel it would be too difficult to do some revising on the actual map . Mr. Kanter is about to set up a Transportation Committee meeting within the next couple of weeks to look at the revised plan . It is also something they could look at further with regard to inclusion on the official map of the Town . Mr. Burbank asked how the Town could indicate an interest that not only a corridor and a wide right of way be maintained but that in any final project that they be encouraged to assist in the development of a trail . He thought it was completely reasonable for a development of that magnitude to be paying for the cost of creating pedestrian and bicycle access through there . Mr. Burbank wants to know that as a Board this is what they want to have happen . (turn tape ) Mr. Cowie voiced his support of pedestrian and bike trails . He felt the demand on West Hill is not to go north / south , the demand is to go downtown . What the people of West Hill would 13 February 12 , 2007 Town Board Meeting Approved March 12, 2007 like is a pedestrian trail that would split the distance between Elm Street and Route 79 and that somehow connected with the future north / south pedestrian trail and went down into the City . Mr. Cowie indicated the route on the map . Agenda Item No . 11 — Public Hearing regarding a local law amending provision in Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding home occupations Supervisor Valentino opened the public hearing . There was no one present to address the Board and Supervisor Valentino closed the public hearing and brought discussion back to the Board . There were no comments from the Board . Agenda Item No . 12 — SEQR regarding proposed local law amending Chapter 270 , titled Zoning , of the Town of Ithaca Code regarding home occupations (Attachment #7 — SEQR) TB RESOLUTION NO . 2007-034 : SEQR : Proposed Local Law Amending Chapter 270 , Titled "Zoning " , of the Town of Ithaca Code Regarding Home Occupations WHEREAS , this action is the enactment of a local law amending Chapter 270 , titled "Zoning , " of the Town of Ithaca Code regarding home occupations ; and WHEREAS , said proposed local law would amend certain sections of the Zoning Chapter to include the following : allow qualifying home occupations by right in all residential zones without the need for special approval by the Zoning Board of Appeals ; delete the requirement that a home occupation can only be operated by an owner of the property , thereby also allowing renters who reside on the property to conduct a qualifying home occupation ; revise the definition section of the Zoning Code by removing the home occupation criteria and moving those criteria to the Special Regulations Article (XXVI ) ; in the criteria , delete the limit of number of people working off-site who are employed by the operator of the home occupation ; and other clarifications and modifications ; and WHEREAS , this is an unlisted action pursuant to the New York State Environmental Quality Review Act ( SEQRA) 6 NYCRR Part 617 and Chapter 148 ( Environmental Quality Review) of the Town of Ithaca Code , for which the Town of Ithaca Town Board is acting as Lead Agency in conducting an uncoordinated environmental review with respect to the enactment of the above-described local law ; and WHEREAS , the Town Board , at a public hearing held on February 12 , 2007 , has reviewed and accepted as adequate the Short Environmental Assessment Form ( EAF) , Parts I and 2 , for this action , prepared by the Town Planning staff; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed , for the reasons set forth in the EAF Part 2 referenced above , and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Engman 14 February 12, 2007 Town Board Meeting Approved March 12, 2007 SECONDED : Councilman Burbank VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motioned Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 13 — Consider adoption of local law amending Chapter 270 of the Code of the Town of Ithaca , titled Zoning , regarding home occupations (Attachment #8 — Local Law No . TB RESOLUTION NO . 2007 -035 : Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 270 , TITLED "ZONING " . OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS " WHEREAS , the Town ' s Codes and Ordinances Committee (" COC ") has reviewed the Town of Ithaca Code provisions regarding home occupations and recommends revisions to remove some of the barriers to home occupations , as home occupations can help reduce daily commuter traffic , energy consumption , and air pollution and a wider range of home occupations are being made possible by computer and Internet technology ; and WHEREAS , these revisions include deletion of the requirement for the resident to own the dwelling in which he or she resides to qualify for a home occupation , addition of home occupations as an accessory use permitted as of right in residential districts , deletion of the requirement for the resident to receive special approval from the Zoning Board of Appeals before establishing a home occupation , and deletion of the limit on the number of people working off-site ; and WHEREAS , the COC also recommends that the home occupation conditions that are currently in the definition of home occupation (such as maximum floor area and number of people involved with on-site business operations ) be moved to the Special Regulations article of the zoning chapter so that any variance from the conditions will be an area variance ; and WHEREAS , the Town Board concurs with the COC that these barriers to home occupations should be removed as long as the residential character of the neighborhoods in which home occupations are located are protected ; and WHEREAS , in its PB Resolution No . 2007-010 , the Planning Board also recommended that the Town Board adopt the proposed law; and WHEREAS , the Town Board finds that the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 , TITLED "ZONING , " OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS " , which incorporates the COC ' s recommended revisions , accomplishes these objectives ; and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on February 12 , 2007 at 7 : 00 p . m . to hear all 15 February 12, 2007 Town Board Meeting Approved March 12, 2007 interested parties on the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 , TITLED "ZONING , " OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS " ; 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 , adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca , acting as lead agency in an environmental review with respect to adoption of this local law , has on February 12 , 2007 made a negative determination of environmental significance , after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town ' s Planning staff; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 , TITLED "ZONING , " OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS " , 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 Engman SECONDED : Councilman Cowie Mr. Kanter reported having learned from Town Code Enforcement personnel that at some point the State is going to be implementing some additional changes to the building code that may have some effects on what they call home occupations and from what he understands . There may be some future need to come back either discuss or re-look at what the Town is calling home occupations and seeing how that matches up with what the State calls home occupations . Ms . Brock asked that a new "whereas " be added as follows : "WHEREAS in its resolution number 2007-010 the Planning Board also recommends . that the Town Board adopt the proposed law" . There were no objections to the additional language . Agenda Item No . 14 — Public hearing for the purpose of considering a local law amending Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding the use of Planning Board Alternate Members (Attachment #9 — draft local law) Supervisor Valentino opened the public hearing . There was no one present to address the Board and Supervisor Valentino closed the public hearing and brought discussion back to the Board . 16 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Supervisor Valentino moved adoption , Councilman Stein seconded the motion . Aim Mr. Engman stated he would vote against adoption because he thought the Town should be consistent and the proposed amendment was different from what was established for the Zoning Board of Appeals . He thought in ten years people would get confused because of the inconsistency . If there are differences between the various boards , Mr. Engman thinks the Town Board should make a decision and be consistent . He would not approve the language in the proposed amendment because it is different from what was adopted for the Zoning Board . Ms . Leary stated her understanding that it was different because the Planning Board wanted it to be different . She asked Mr. Engman what the problem was . Mr. Stein told her the problem that Mr. Engman says is that the Planning Board doesn 't make the rules for the Planning Board , the Town Board makes the rules . Ms . Leary stated her understanding that the proposed language makes more sense for the Planning Board . Ms . Valentino stated she could see a difference between the two Board and what their needs are . She agreed with Ms . Leary that even though the Town Board sets the rules , they do not want to be so arbitrary that the people who to deal with them should be a serious consideration unless they felt their recommendation was inappropriate . Ms . Valentino stated she did not feel the proposed amendment was inappropriate . Mr. Stein stated he was not sure that the Zoning Board and Planning Board are different . The basic structure is that they are both quasi-judicial bodies that enforce a general framework established by the Board . In that way they do the same thing . The Planning Board doesn 't make it' s own decision about what the plans are , they have to follow the plans that are adopted by the Town Board . Both of them are enforcing a policy that is established by someone else . He asked Ms . Brock if he was correct in his thinking . Ms . Brock told him it was corrected that the Town Code and State Law set out the standards that they need to follow . She did not know if she would call the Planning Board a quasi-judicial body ; certainly much of what the Zoning Board does could be considered a quasi-judicial function . Neither of the boards have any enforcement powers per se . Mr. Kanter stated that they have broad discretionary authority to follow the established regulations . The Zoning board has more specific criteria that they are supposed to follow to make their decision ; they are really quite different in what they do . The bottom line is the Town Board is the board that is supposed to set the basic framework for them to work under. Mr. Cowie asked Mr . Engman if in his argument is it basically consistency for the sake of having consistency across the board or it there a political or structural reason to have this consistency . Mr. Engman told him it was partially consistency but also because the Zoning Board version is broader and more lenient and gives more options to the chair, which Mr. Engman thought was appropriate . The Planning Board version is more restrictive and limits the number of occasions where you can appoint a substitute for a missing board member. The one in front of the Board is actually a more conservative approach than the Zoning Board amendment which the Town Board adopted before . Mr. Kanter reminded the Board that the problem the Planning Board had with the Zoning Board version was where a member abstained from voting , that would be a reason to appoint, an alternate to vote . Ms . Valentino stated that the issues coming before the Planning Board can be in front of them for long periods of time . There are projects that go through the Planning Board that can be two years 17 February 12, 2007 Town Board Meeting Approved March 12, 2007 in the making . She thought this was the reason the Planning Board wanted to be more restrictive regarding when you could have an alternate . They are concerned that the alternates are involved in the longer-range processes . Mr. Stein stated he did not agree with what was approved for the Zoning Board , he did not feel that people should abstain , but he is moved by Mr. Engman ' s argument for consistency and does not feel the Town Board should adopt rules to the current memberships of the board . He did not think there was enough difference between the two boards to distinguish between them this way . Ms . Leary stated that the issues that come before the Planning Board are larger issues . They tend to be big projects . The Zoning Board of Appeals can be dealing with small variances . It is more important to be more restrictive for the Planning Board . This issue came to the Codes and Ordinances Committee because there was a problem at the Zoning Board of Appeals ; they didn 't have the flexibility and they had alternates . The Planning Board right now doesn 't even have alternates , so this is sort of theoretical right now. If they were to get an alternate they don 't want someone abstaining freely for possibly political reasons or something like that . There are bigger issues that come before the Planning Board so they need to be more restrictive . Ms . Valentino stated when the Town first talked about alternates a few years back , the Town Board felt very strongly that they needed to be extremely careful about having alternates at the Planning Board and not so strong about the Zoning Board because of some of the things that Ms . Leary just said . Mr. Engman reminded the Board that although the law provides for alternates there is no requirement that an alternate be named for any reason . It is up to the chair and if the chair feels that somebody hasn 't been attending on a regular enough basis to understand the issues he can simply refuse to appoint somebody . It is not like anybody is being forced to vote on these issues not knowing what is before the body . Mr. Engman stated he would argue that giving the chair more flexibility as is in the Zoning version is much more logical than what is before them tonight . Mr. Stein moved the question , Mr. Cowie seconded . TB RESOLUTION NO . 2007-036 : Move the Question with regard to Adopting Planning Board Alternate Local Law BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby moves the question regarding adoption of a local law for the use of Planning Board alternates . MOVED : Councilman Stein SECONDED : Councilman Cowie VOTE : Supervisor Valentino , nay; Councilman Burbank , nay ; Councilman Engman , nay ; Councilman Stein , aye ; Councilman Cowie , nay ; Councilwoman Leary , nay . Motion Failed . ABSENT: Councilwoman Gittelman 18 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Mr . Cowie asked what would happen if the Board did not adopt the amendment before them . Ms . Brock told him there is an existing standard in the Code regulating when alternates can be used ; it is even more restrictive than what is being proposed . The Board discussed how the amendment came about and Ms . Brock told the Board the Planning Board ' s concern with the amendment had to do with the abstention issue . If the law lets the chair appoint somebody when an individual abstains , it is taking away the individual ' s right to abstain . A Planning Board member' s right to abstain should count for something . Mr. Stein stated the more he heard the more he was convinced that Herb is right because it is the same issue in both Boards . The Boards may be different but the question is are you diminishing the power of someone who wants to abstain or are you not . Mr . Stein moved the question , Mr. Burbank seconded his motion . TB RESOLUTION NO . 2007 -037 : Move the Question with regard to Adopting Planning Board Alternate Local Law BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby moves the question regarding adoption of a local law for the use of Planning Board alternates. 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 . Motion passed . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007 =038 : Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS " WHEREAS , New York State Town Law Section 271 allows town planning board alternate members to substitute for a regular member in the event the regular member is unable to participate in a matter because of a conflict of interest; and WHEREAS , the Planning Board of the Town of Ithaca recommends that the Planning Board ' s use of alternate members be expanded to situations where a regular member is unable or unwilling to vote because of a conflict of interest , recusal , or absence ; and WHEREAS , the Town Board of the Town of Ithaca agrees with the Planning Board that such expansion of the use of Planning Board alternate members will serve the best interests of the Planning Board and the Town ; and WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on February 12 , 2007 at 7 : 02 p . m . to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 19 February 12, 2007 Town Board Meeting Approved March 12, 2007 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS " , which local law expands the use of Planning Board alternate members as described above and sets forth a methodology for the Planning. Board Chair' s designation of which alternate member shall substitute for a regular member where more than one alternate member is available ; 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 this local law is a Type II action because adoption of this local law constitutes " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment , " and thus approval 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 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS " , 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 nay Councilman Burbank nay Councilman Stein nay Councilman Engman nay Motion failed . ABSENT : Councilwoman Gittelman Mr. Kanter told the Board that they now have as much of an inconsistency between the laws for the two Boards and they now need to recommend that the Planning Board section be rewritten as a new local law to be identical with the Zoning Board section . Mr. Engman told him that was what he would recommend . Mr. Kanter continued stating this means they have to go through the whole process again . Ms . Brock stated the law has already been drafted , it 20 February 12 , 2007 Town Board Meeting Approved March 12, 2007 was the first version that came before the Board and if they wanted , the Board could set the public hearing for consideration of that earlier version . 41 Mr. Engman moved setting the public hearing . TB RESOLUTION NO . 2007 - 039 : Setting a Public Hearing regarding a Local Law amending Chapter 270 of the Town of Ithaca Code , entitled "Zoning " , regarding the use of Planning Board Alternate Members 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 12th day of March , at 7 : 00 p . m . for the purpose of considering a proposed local law Amending Chapter 270 of the Town of Ithaca Code , entitled "Zoning " , regarding the use of Planning Board Alternate Members ; and it is further RESOLVED„ that at such time and place all persons interested in the proposed amendment may be heard concerning the same ; rand it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED : Councilman Engman SECONDED : Councilman Stein ROLL CALL VOTE : Supervisor Valentino aye Councilman Burbank aye Councilman Engman aye Councilman Stein aye Councilman Cowie aye Councilwoman Leary nay Motion Carried , ABSENT : Councilwoman Gittelman Agenda Item No . 16 — Public Hearing regarding a local law amending Chapter 239 of the Town of Ithaca Code , titled Taxation , regarding exemption for certain disabled persons with limited income Supervisor Valentino opened the public hearing . The hearing was published and posted as required . There was no one present to address the Board and Supervisor Valentino closed the hearing and brought the matter back to the Board for discussion . There was no discussion by the Board . Agenda Item No . 17 — Consider SEAR regarding local law amending Chapter 239 of the Town of Ithaca Code , titled " Taxation " , regarding exemption for certain disabled persons with limited incomes (Attachment # 10 — SEQR) 21 February 12, 2007 Town Board Meeting Approved March 12, 2007 TB RESOLUTION NO , 2007 -040 : SEAR : Local Law Amending Chapter 239 of the Town of Ithaca Code . Titled " Taxation , " Regarding Exemption for Certain Disabled Persons With Limited Incomes WHEREAS , this action is the enactment of a local law amending Chapter 239 of the Town of Ithaca Code , titled "Taxation , " regarding exemption for certain disabled persons with limited incomes ; and WHEREAS , said proposed local law would incorporate the new income limits in Real Property Tax Law Section 459-C as amended by the New York State Legislature , as set forth in the new income/exempt percentage schedule included in the local law; and WHEREAS , this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in environmental review with respect to the enactment of said local law; and WHEREAS , the Town Board , at a public hearing held on February 12 , 2007 , has reviewed and accepted as adequate the Short Environmental Assessment Form ( EAF) , Parts I and II for this action , prepared by the Town Planning staff; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed , for the reasons set forth in the EAF Part II referenced above , and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Stein SECONDED : Councilman Cowie VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 17 — Consider adoption of local law amending Chapter 239 of the Town of Ithaca Code , titled " Taxation " , regarding exemption for certain disabled persons with limited incomes (Attachment #11 — Local Law No . 2 of 2007 ) TB RESOLUTION NO . 2007-041 : ADOPTING A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE , TITLED " TAXATION " , REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES 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 February 12th at 7 : 05 p . m . to hear all interested parties on a proposed local law amending Chapter 239 of the Town of Ithaca Code , Titled "Taxation " , regarding exemption for certain disabled persons with limited incomes ; and 22 February 12 , 2007 Town Board Meeting Approved March 12, 2007 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 , adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca , acting as lead agency in an environmental review with respect to adoption of this local law, has on February 12 , 2007 made a negative determination of environmental significance , after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town ' s NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled " LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE , TITLED " TAXATION " , REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES 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 Cowie ROLL CALL VOTE : Supervisor Valentino aye Councilman Burbank aye Councilman Engman aye Councilman Stein aye Councilwoman Leary aye Councilman Stein aye Motion Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 19 — Public Hearing regarding local law amending Chapter 239 of the Code of the Town of Ithaca , titled " Taxation " , regarding senior citizens exemptions Supervisor Valentino opened the public hearing . The hearing was posted and published as required . There was no one present to address the Board and Supervisor Valentino closed the public and brought discussion back to the Board . There were no comments from the Board . 23 February 12, 2007 Town Board Meeting Approved March 12, 2007 Agenda Item No . 20 — SEQR regarding a local law amending Chapter 239 of the Code of the Town of Ithaca , titled " Taxation " , regarding senior citizens exemptions (Attachment #12 — SEQR) TB RESOLUTION NO , 2007-042 : SEQR : Local Law Amending Chapter 239 of the Town of Ithaca Code , Titled "Taxation , " Regarding Senior Citizens Exemption WHEREAS , this action is the enactment of a local law amending Chapter 239 of the Town of Ithaca Code , titled "Taxation , " regarding senior citizens exemption ; and WHEREAS , said proposed local law would incorporate the new income limits in Real Property Tax Law Section 467 as amended by the New York State Legislature , as set forth in the new income/exempt percentage schedule included in the local law ; and WHEREAS , this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in environmental review with respect to the enactment of said local law; and WHEREAS , the Town Board , at a public hearing held on February 12 , 2007 , has reviewed and accepted as adequate the Short Environmental Assessment Form ( EAF ) , Parts and II for this action , prepared by the Town Planning staff; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed , for the reasons set forth in the EAF Part II referenced above , and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . 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 . Motion Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 21 — Consider adoption of Local Law Amending Chapter 239 of the Town of Ithaca Code , Titled "Taxation , " Regarding Senior Citizens Exemption (Attachment #13 — Local Law No . 3 of 2007 ) TB RESOLUTION NO . 2007=043 : Adopting a " Local Law Amending Chapter 239 of the Town of Ithaca Code , Titled " Taxation , " Regarding Senior Citizens Exemption " 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 February 12 , 2007 at 7 : 08 p . m . to hear all interested parties on a proposed local law entitled " Local Law Amending Chapter 239 of the Town of Ithaca Code , Titled " Taxation , " Regarding Senior Citizens Exemption " ; and 24 February 12, 2007 Town Board Meeting Approved March 12, 2007 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 , adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca , acting as lead agency in an environmental review with respect to adoption of this local law, has on February 12 , 2007 made a negative determination of environmental significance , after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town 's Planning staff; NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled " Local Law Amending Chapter 239 of the Town of Ithaca Code , Titled " Taxation , " Regarding Senior Citizens Exemption " , 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 Councilman Burbank aye Councilman Engman aye Councilman Stein aye Councilman Cowie aye Councilwoman Leary aye Motion Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 23 — Discussion of Association of Towns Resolutions (Attachment # 14 — Proposed Legislative Resolutions 2007 ) Mr . Engman stated he did not like the opening up of roads to snowmobiles and he was not in favor of changing the WICKs law until there was some sort of substitute designed . He told the Board he did not want to eliminate the law until there was something reasonable to take its place . Ms . Brock reported being unable to find the proposed legislation regarding retiree benefits . Ms . Leary voiced her opposition to any of the resolutions that looked like they were trying to save money at the expense of employees . 25 February 12, 2007 Town Board Meeting Approved March 12, 2007 Mr. Engman reported that the Municipal Officers Association did talk about the resolutions . Don Barber is on the Association ' s committee that works on the resolutions . He agreed he would take back the Town Board ' s concerns about not having a priority list for the resolutions . They need to do a lot of work before the Town Board can deal intelligently with the proposed resolutions . Agenda Item No . 25 — Consider approval to increase Code Enforcement Officer' s standard work week Mr. Cowie reported that the Personnel Committee felt this was reasonable move . Mr. Engman stated that when the Director of Building and Zoning position was eliminated they realized there might be a need to increase hours . Ms . Valentino added it was probably not even enough and they will probably be coming back to look at this again . TB RESOLUTION NO . 2007=044 : Approval to Increase Code Enforcement Officer' s Standard Work Week WHEREAS, Steven Williams , Code Enforcement Officer, was hired July 26 , 2004 , under a full time standard work week of 37 . 5 hours and has requested to increase his standard work week to 40 hours ; and WHEREAS , Daniel Walker, Director of Engineering , as the department head overseeing Code Enforcement , recommended to the Personnel Committee that the Code Enforcement Officers standard work week be increased to 40 hours per week , as there is a need for more hours covering that town function ; and WHEREAS , the Personnel Committee agrees with the recommendation to permanently increase the standard work week of the Code Enforcement Officer position to 40 hours per week , and WHEREAS , the Personnel Committee further concluded there will be no adjustment needed to the 2007 personnel budget as this position was budgeted for at 40 hours per week in preparation for a change ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve of increasing the standard work week for the Code Enforcement Officer position from 37 . 5 to 40 hours per week , effective March 4 , 2007 . MOVED : Councilman Cowie SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion Carried . ABSENT : Councilwoman Gittelman 26 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Agenda Item No . 26 - Consent Agenda TB RESOLUTION NO . 2007 -045 : Conserit Agenda Items . BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the following resolutions for Consent Agenda Items as presented : a . Town Board Minutes of January 8 , 2007 b . Town of Ithaca Abstract C . Bolton Point Abstract d . Authorization for Erosion and Sediment Control and Stormwater Management Training e . Authorization to Attend Cornell University ULR School Continuing Education Workshop f. Establishment of NY State and Local Retirement Systems Standard Workday 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO , 2007 -045a : Town Board Minutes of January 8 , 2007 WHEREAS , the Town Clerk has presented the minutes for the Regular Town Board meeting held on January 8 , 2007 to the governing Town Board for their review and approval of filing ; now therefore be it RESOLVED , the Town Board does hereby approve for filing the minutes for the meeting held January 8 , 2007 as presented at the February 12 , 2007 board meeting . 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007 -045b : Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and 27 February 12, 2007 Town Board Meeting Approved March 12, 2007 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 . 3196-3346 General Fund Townwide $ 1381230 . 78 General Fund Part Town $ 271048 . 51 Highway Fund Part Town $ 331678 . 61 Water Fund $ 53 , 099 . 72 Sewer Fund $ 2111993 . 10 Fire Protection Fund $ 427684 . 25 Forest Home Lighting District $ 189 . 58 Glenside Lighting District $ 68 . 68 Renwick Heights Lighting District $ 77 . 92 Eastwood Commons Lighting District $ 178 . 76 Clover Lane Lighting District $ 62 . 49 Winner' s Circle Lighting District $ 87 . 81 Burleigh Drive Lighting District $ 105 . 51 Westhaven Road Lighting District $ 272 . 72 Coddington Road Lighting District $ 121 . 32 Trust and Agency $ 3 , 520 . 00 TOTAL : $ 511 , 419 . 76 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007 -045c : 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 Town Board hereby authorizes the payment of the said vouchers . 28 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Voucher Numbers : 856-877 , 5- 10 , 12-72 Check Numbers : 9759-9765 , 9767-9846 Operating Fund $ 10 , 913 . 36 Operating Fund $ 133 , 917 . 22 1998 SCADA Capital Project $ 205 . 02 2002 Office Space Addition $ 10 , 449 . 15 2003 East Hill Tank Project $ 618 . 94 TOTAL $ 156103 . 69 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007 -045d : Authorization for Erosion and Sediment Control and Stormwater Management Training WHEREAS , Kristin Taylor, Civil Engineer; Craig Ballard , Senior Engineering Technician ; and Joe Slater, Engineering Technician ; are involved in implementing the Stormwater Management , Sediment and Erosion Control Plan for the Town of Ithaca , and WHEREAS , the ESF Outreach Continuing Education Stormwater Management Program is offering a 16-hour course entitled Erosion & Sediment Control Design in Syracuse , New York on April 24-25 , 2007 for a course fee of $ 350 . 00 , a 16- hour course entitled Better Site Design in Syracuse , New York on May 8-9 , 2007 for a course fee of $ 350 . 00 , and a 16- hour course entitled Wetlands : Function and Design in Syracuse , New York on May 22-23 , 2007 for a course fee of $ 350 . 00 , and WHEREAS , These courses will provide training to improve employee skills and will be beneficial to Town programs , now, therefore be it RESOLVED , that the Town Board authorizes Kristin Taylor, Craig Ballard , and Joe Slater to attend the course entitled Erosion & Sediment Control Design in Syracuse , New York on April 24-251 2007 , and authorizes Kristin Taylor to attend the courses entitled Better Site Design , May 8-9 , 2007 , and Wetlands : Function and Design , May 22 -23 , 2007 in Syracuse , New York and , be it further RESOLVED , that the Town Board authorizes the budgeted expenditure of $ 1750 . 00 for the Course Fees to be charged to Al 440 . 410 . MOVED : Councilman Burbank 29 February 12 , 2007 Town Board Meeting Approved March 12, 2007 SECONDED : Councilman Engman VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007-045e : Authorization to Attend Cornell University ILR School Continuing Education Workshop WHEREAS , Cornell University' s ILR School will be holding continuing education workshops during the summer at the Ithaca campus ; and WHEREAS , the attendance at the Collective Bargaining workshops offered June 5-8 , 20071 by Judy Drake , Human Resources Manager will benefit the Town of Ithaca by providing additional schooling ; now , therefore , be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize Judy Drake , Human Resources Manager, to attend the Collective Bargaining workshops to be held at Cornell University , Ithaca , NY, on June 5 through June 8 , 2007 ; and be it further RESOLVED , the cost not to exceed $2025 for registration is to be expended from A1430 . 410 . 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO , 2007-045f: Establishment of NY State and Local Retirement Systems Standard Work Day WHEREAS , New York State and Local Retirement Systems requires municipalities to set a standard work day to report all employees participating in the New York Retirement System ; and WHEREAS , the Town last updated the list to the retirement system was in 1997 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby set the following standard work day for the following classifications as required by the NY State and Local Retirement System for the Town of Ithaca : Five days a week , six hours a day : 30 February 12 , 2007 Town Board Meeting Approved March 12, 2007 Town Supervisor , Councilperson , Justices , Members of Planning Board , Members of Zoning Board of Appeals and Crossing Guards . 7 . 5 hours per day, 5 days a week 8 hours per day , 5 days a week Director of Planning Director of Engineering Town Clerk Highway Superintendent Budget Officer Assistant Director of Engineering Human Resources Manager Deputy Highway Superintendent Assistant Director of Planning Parks Maintenance Manager Sr. Code Enforcement Officer Water/Sewer Maintenance Supervisor Network/Records Specialist Civil Engineer Environmental Planner Working Supervisor Planner Heavy Equipment Mechanic Deputy Town Clerk/ Deputy Senior Engineering Technician Receiver of Taxes - Principal Account Clerk Typist Code Enforcement Officer Bookkeeper to the Supervisor Administrative Assistant Court Clerk Engineering Technician. I - Secretary Heavy Equipment Operator Senior Account Clerk Typist Maintenance Worker - Deputy Town Clerk Motor Equipment O erator Senior Typist Automotive Mechanic Assistant Recreation and Youth Coordinator Laborer - Keyboard Specialist - Typist Account Clerk Typist Planning Intern RESOLVED , the Town Board of the Town of Ithaca does hereby set the following standard work day for the following classifications as required by the NY State and Local Retirement System for Southern Cayuga Lake Intermunicipal Water Commission : Five days a week , eight hours a day . General Manager Production Manager Distribution Manager Finance Manager Water Treatment Plant Operator Instruments/Control Mechanic/Operator Distribution Operator Distribution Operator Trainee Senior Account Clerk Typist Account Clerk Typist MOVED : Councilman Burbank SECONDED : Councilman Engman 31 February 12 , 2007 Town Board Meeting Approved March 12, 2007 VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion Carried . ABSENT : Councilwoman Gittelman Agenda Item No . 27 — Report of Town Committees Conservation Board Mr. Kanter followed up on materials sent to Board Members from the Conservation Board regarding the insert they want to put in the newsletter regarding the viewshed analysis . He wanted to know if the Board had any feedback . Mr. Kanter thought it was a good idea to get the information out to the public and get feedback on the project for the Conservation Board . Mr. Kanter told the Board they would probably be bringing to the next meeting a request for money to pay for the insert ; the newsletter account does not have enough to cover that . Mr. Kanter thought it would add an addition $ 800 to the newsletter costs . Mr. Engman voice his support for the analysis stating they should move full speed ahead on it . Mr. Cowie asked what was the impact of having something declared a scenic view. Mr. Kanter told him that basically the Conservation Board is trying to complete their inventory and recommendations . When they do then it would come to the Town Board to make some decisions on what they would want to do with it . It could range from anything from just being informational to coming up with some kind of any ordinance to protect the scenic views , or possibly an additional part of the conservation easement acquisition program for scenic view easements . Agenda Item No 28 — Intermunicipal Organizations Lake Source Data Sharing Supervisor Valentino asked Mr. Engman if he had heard anything more about the lake source data sharing group . He told her, no , stating he was a bit surprised because there has been a lot of activity going on with lake source monitoring right now . He thought they may want to put a bug in Cornell ' s ear asking when they were going to meet again . There' s only another year and a couple of months left on their SPEDs permit under which they have to collect the data . It seemed to Mr. Engman that now would be the time to make sure all the data is being collected . Supervisor Valentino asked Mr. Engman if he had information on the work of the committee on this put together by the Water Resources Council . Mr. Engman reported having spoken to Kate Hackett about it . They are working very closely with Cornell because Cornell is proposing that they expend some resources to some different type of monitoring in Cayuga Lake . Mr. Engman has been cautioning Ms . Hackett that it would be nice but only if it doesn 't cut off the collection of consistent data over time needed to evaluate the effects of phosphorus improvements at the waste water treatment plant or stormwater regulations . Consistent monitoring will be very important in evaluating whether these things do any good . Mr. Engmahn felt it was especially relevant to lakesource cooling . Cayuga Lake is very different from the other lakes and one of the differences is that soluble reactive phosphorus is more prevalent in the lower levels of the lake than at the surface . This is not true in other lakes . Thus , bringing water from the lower level of Cayuga Lake , like lake source cooling does , and discharging it into the southern end of the lake could well mean that you are introducing more soluble reactive phosphorus to the south end of Cayuga Lake . That has been the huge concern about lake source cooling from the get-go , but whether that means anything yet they do not know. The result of soluble reactive phosphorus should be lots of 32 February 12, 2007 Town Board Meeting Approved March 12, 2007 algae blooms , but they are not getting a lot . They do not yet know what it all means , which is why they continue to monitor. There is some data that is beginning to accumulate that is very interesting . The range between the lower levels of a lake and its soluble reactive phosphorus and the upper levels is usually only double or triple . In the data that a recent speaker from Hobart William Smith collected in Cayuga Lake it' s over ten times more . It' s one of the questions we need to keep asking . Recreation Partnership Supervisor Valentino reported they are trying to get themselves going on amending the agreement . Tompkins County Council of Governments Supervisor Valentino told the Board the group is trying to work with volunteer fire departments on the problems they are having recruiting people . CLOSED SESSION TB RESOLUTION NO . 2007 -046 : Enter Closed Session to Receive Advice from Counsel BE IT RESOLVED , that the Town Board of the Town of Ithaca enter closed session at 7 : 55 p . m . to receive advise from counsel . 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 . Motion Carried . ABSENT : Councilwoman Gittelman TB RESOLUTION NO . 2007-047 : Return to Open Session BE IT RESOLVED , that the Town Board of the Town of Ithaca return to open session at 8 : 04 p . m . 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 . Motion Carried . ABSENT : Councilwoman Gittelman Coddington Road There was discussion regarding TIP funding for the Coddington Road project . Mr. Kanter told the Board there is no guarantee that the County is every going get back money for the 33 February 12, 2007 Town Board Meeting Approved March 12, 2007 Coddington Road project . If the State is hearing that there is possible resident opposition to the project , it may never get funded . Adjournment On motion by Councilman Stein , seconded by Councilman Burbank , the meeting was adjourned at 8 : 15 p . m . Respectfully submitted , Tee-Ann Hunter Town Clerk Next Meeting — March 12, 2007 34 TOWN OF ITHACA TOWN BOARD SIGWIN SHEET DATE : Monday , February 12 , 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINT ADDRESS / AFFILIATION TOWN OF ITHACA r 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 Joumaf: ADVERTISEMENT : PUBLIC HEARINGS regarding a Local Law amending Chapter 239 of the Town of Ithaca Code , titled "Taxation " , regarding : Exemptions for certain disabled persons with limited incomes and Senior Citizens Exemptions and regarding a Local Law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding the use of Planning Board Alternate Members Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Friday, January 12 , 2007 Date of Publication : Monday, January 26 , 2007 I ` 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 26th day of u 007 . PAULETTE NEILSEN Notary Public Notary Public, State of New j, rf ea iQuat In Toga my ( Corr3rnission Expires Ncember 4, go _ t TC>1At�1 :0E ITHJA • P1pTtC� 4� �' PU�1lC?}i6dR91�1GSx=t "NOTICE IS°HERESY GIVEN ; , that fh� Town Board ofrhA Town�sof�Ithaca� wlll=F-hold = public hearings as, follows ;" on februa 12, 2007 at the Townall located at 215 .North�Tloga :Sheet, ;Ithaca, NT 700 :p:m; for. ,fhe pur t xpose€of consldenng a 'Cocal aw}amending provsion'm * Chapter, theTown EAT xtitled.+Zorf ' ', t in re ardmg home :occu g g rx r '";'.rt sr era 7 02 sp:m sfor the pur ; il ose of consldenng a. Locals aw amending Chapter p 270 of the 7own' of�Ithaca Code";�"tiiled ';Zoning", r�`� �Y garden If'e use of Planning ry;. Board Alternate Members 4 7 05 ;p m for,ahe pur ; pose of. consldenng d local Law amendmg,� Chapter � 239 ofifie Townrof. lthaca Code, titled "Taxation re dmg gar ;Exemptpm-tor Cer, e, tale Disabled Persons with , Limited Incomes ; g7 p$ *p m ,for ':the pur � pose of consldenng 'a Local '' Law �arnendmg x ;Chapter? 239 of',tle Town of Ithacan Code,rtitled "Taxation re-, gardmg'_Semor Cdizen Ex Copp of of th pr fipo cal Irv✓s,are on le at the �i Town `clerk'sOfficead availalfe for�?reyiew during regu{ar office�hou�s; Mon- day tfiroughrFndgy,8 a m % n FURTHER NOTICE IS�GIV � x EN }tfiaf�at�such,time and place all per5 onsnterested3 hn `thep'roposedr local may beihe`ard c"oncernmg ;? F,URTHER'NOTICE IS �IV ' EN tkaf mdiwduals with v{s, ual ory hearing impairments ; or" ottie`special =needsw€II ' be perovtded wdliassistance as'necessa , u n request ; ry Persons desiring'assistance must make a ,,request to, the Town Clerk not'less than 48n hours pno� to;the time ofr: the public hearing z ,�.. r� Dated January 11 ,,.2007 ' p7 j .. ATTACHMENT # 1 SIWlol eo57.57, Av'Zzlv* ,�,e, ev As it k A4w(, 'TacvC.P., A up AuD 014e,( reeS Aoa. Sgi,.TG pi7rZO OUT. s r A• T G : /N 'i HC �n�cZ s 5 e),C �s��c,� ®°�rc.�s�� s ee>o#s Ct4 oe� vriQLaGrv.�%1l 1 77y Z ,410,eA ,?G ®D,�c� Crc' -5 •4/I/b & 40cFb c%ilclrq-A5 Ah�p 4al"zrZA17":a-Tk�KS /S jg4i!✓O TFfiC i1"4f171114 z 4L7 ! r!f rI/ r//Z k71A2e -4 l,� /�CSiG �.tf¢ �NliGfG Cc�rJl�,�le/ S eVIR--F Par4 A-tita k S15 _ 611 G-c jr t D IW4o /9Dd21-1S S!4< ,IAZ /OkoVi 1>e N44- IA2i� AeOA[TS ®v A-54 !`9Akwad jrlx tyro =041'-;94::2ks 6Px,—) t)aZ Clry - u rv9 7a 1105049 d 0of1A1;441C9 W 1 i O A,4 c l oA)a. t NuDeAJ71- /fm +AGx,yz4)7'�S j/51EA1- CNiks ) �equr s 644,c�l. - j r/�4rix16 I oU 2.aoo z r.Y- C7r eye cT*OC 4 ZJOGWCe C) 4XI 4 P,�2c� .) ac,r 7�O �tUEkbpk: A• Mac-/fort) PMV 75 1A!SOWE AEuGlB ;,zlTy AW Ao7a- AC e rld4l�ovJ 60, 4 117 . 4s elz- aq ,ja,) 10671 FI�C- 1410771IW5 13 ) hovli g.P 7714•771%N . Co94,vi A60Arc4iroo A<gg SIC /it. ' S C-r aflS X T/f!C 06� %�m aAg,4,vF CoX01AJVLS,, jV17W 4f,604iUU �iG1/L�cUAJG� f1 A s S NO a RZCC� ( V L> A 4) y 60 PA-0 ®/40 Ax) i4 tZ6 � February 12 , 2007 Town Board Mtg ATTACHMENT # 2 01 /24/2007 13 : 58 : 12 TOWN OF ITHACA Agenda 8 TOWN CLERK ' S 2006 ANNUAL REPORT JCEIPTS 34 MISC. COPIES 187 . 85 7 ZONING ORDINANCE 89 .60 1 SUBDIVISION REGULATIONS 3 .00 1 ENVIRONMENTAL REVIEW 2 . 50 4 SIGN ORDINANCE 5 .60 48 TAX SEARCH 240 .00 2 RETURNED CHECK - CLERK 20.00 1 COMPREHENSIVE PLAN 12 .00 4 RETURNED CHECK- W&S 25 .00 1 ZONING MAP 0.25 2 USE OF PARKS & BLDG 95 .00 56 MARRIAGE TRANSCRIPT 560 .00 130 MARRIAGE LICENSES 5 , 120.00 3 SPCA CONTRACT 100 .00 7 - SPCA IMPOUND FEES 245 .00 185 BUILDING PERMIT 74,047 . 50 29 BUILDING PERMIT EXTENSIN 65057. 50 1 FOUNDATION PERMITS 175 .00 4 CERTIFICATE OF OCCUPANCY 400.00 20 FIRE SAFETY INSPECTIONS 1 ,350. 00 19 SIGN PERMITS 15308 .26 39 ZONING BOARD MTG 39900 .00 39 TEMP CERTIFICATE OCCUP 233157 . 50 23 OPERATING PERMIT 6,070 .00 3 SUBDV . REV . INITIAL APL. 440.00 1 SUBDV. REV. PRELIM . PLAT 25060 .00 13 SUBDV . REV . FINAL PLAT 11920 .00 8 SITE PLAN INIT. APL. FEE 800.00 5 SITE PLAN PRELIM . PLAN 65300 .00 17 SITE PLAN FINAL PLAN 81675 .00 2 ADD . MTG . FEE AGENDA PRO 110 .00 9 ASS . MTG . FEE P. H. PROCE 450 .00 1 REZONING/ZONING AMEND 175 . 00 3 SPECIAL PERMITS 300.00 2 FILL PERMIT 200 .00 909 DOG LICENSES 8,346 . 50 TOTAL RECEIPTS : $ 1529948.06 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 1042 .24 PAID TO SUPERVISOR FOR PART TOWN FUND 137, 895 .76 PAID TO COUNTY TREASURER FOR DOG LICENSES 1 ,290 .06 PAID TO AG & MARKETS FOR DOG LICENSES 240 .00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 25880 .00 TOTAL DISBURSEMENTS: $ 152,948.06 TEE-ANN HUNTER, TOWN CLERK JANUARY 24, 2007 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KANTER, AICP DIRECTOR OF PLANNING RE : PRESENTATION OF 2006 ANNUAL REPORT AND OUTLINE OF SUGGESTED 2007 WORK PLAN PRIORITIES DATE : FEBRUARY 7 , 2007 I am pleased to present the attached Annual Report for 2006 on behalf of the Town of Ithaca Planning Department. In addition, I have outlined possible Department priorities for 2007 and beyond as follows . Comprehensive Plan Review : Through Comprehensive Plan Review Committee; review 1993 Comprehensive Plan, and report back to Town Board before the end of 2007 with recommendations regarding an update of the Comprehensive Plan . Then, depending on the recommendations of the Committee, a subsequent update starting in 2008 would likely be a minimum two year effort . Codes & Ordinances Committee : (a) complete stream buffer law ; (b) adopt Coy Glen Conservation Zone; (c) adopt regulations regarding wind energy facilities ; (d) complete revisions of dock regulations in Lakefront Residential Zone; (e) update Subdivision Regulations ; (f) consider tree preservation regulations ; (g) consider wetlands protection regulations ; and (h) consider affordable housing regulations . [COC is considering a more complete list of work plan priorities for 2007 — see attached draft in Appendix D of Annual Report. ] Transportation Initiatives : Through Town of Ithaca Transportation Committee, complete revisions of Transportation Plan, and adopt Plan in early 2007 . Continue working with Cornell , Project Team, Resource Committee and Planning Board on t-GEIS , scheduled for completion by the end of 2007 . Participate in completion of Northeast Walkability Study. Stormwater Management Program : Continue implementation of stormwater management program, including public education and awareness, and drafting of stormwater management ordinance. Continue participation in Stormwater Coalition of Tompkins County, Investigate Affordable Housing Options : Continue research to see what other areas are doing to encourage or provide for housing that is affordable to households with moderate incomes . Fine- tune Tompkins County' s Housing Needs Assessment to identify specific housing needs in the Town. Consider possible affordable housing regulations (e. g. , density bonus approach for developers willing to include a certain percentage of moderate income units, mandatory requirement to include a certain percentage of moderate income units in any residential . development, etc. ) . Continue working with Cornell and others to identify possible sites for mixed use, higher density development, including affordable housing units . Gateway: Continue planning and design work and coordination with City of Ithaca and NYS Office of Parks, Recreation & Historic Preservation on the proposed trail project. Continue grant administration requirements for the project. Conservation Board : ( 1 ) Revise draft Natural Areas Preservation Program report and send to Town Board for consideration; and (2) Complete Scenic Resources Inventory and proposed strategies to protect significant scenic views . Training of Planning and Zoning, Board Members : Implement process and framework for training of Planning Board and Zoning Board of Appeals members to comply with the new State law regarding mandatory . training. Town Board to adopt resolution outlining training requirements and options . Establish monitoring process to ensure that training requirements are met. Development Review : Continue providing support to Planning Board and Zoning Board of Appeals . Agendas are busier than ever. Att. 2 TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT FOR 2006 DEVELOPMENT REVIEW Planning Board Actions : A major portion of Planning Department time was spent in support of the activities of the Planning Board in the review of subdivisions, site plans, special permits, recommendations to the Town Board, and other planning activities . A " Summary of Town of Ithaca Planning Board Actions - 2006 " is attached to this report (see Appendix A) . The Planning Board approved a total of 83 actions during 2006 (an increase from 75 actions in 2005 ) , including a total of 15 subdivision approvals, 24 site plan approvals, 6 sketch plan reviews, 7 site plan modifications, 10 recommendations to the Town Board or Zoning Board of Appeals, 18 Special Permits/Approvals, and 3 miscellaneous Planning Board actions . Pending residential development anticipated as a result of the final approvals granted by the Planning Board in 2006 include 16 potential new residential building lots and development of the Conifer Village Senior Living Community, consisting of a 72 -unit independent living and affordable rental project for seniors 55 years of age or. older. Anticipated commercial development includes the new Rite Aid Pharmacy on Pine Tree Road and the Three Rivers Mini- Golf & Creamery, located at 869 Elmira Road (anticipated to begin construction in the Spring of 2007) . Finally, anticipated institutional development includes the construction of the Cornell Office Building on Pine Tree Road (under construction), the Ithaca College School of Business, located north of Job and Friends Halls and the Ithaca College Gateway Building, located north of Dillingham Hall on the Ithaca College campus, and the Namygal Monastery, located on the east side of Danby Road across from Sesame Street. Zoning Board of Appeals : As a continuing part of the re-organization of the former Building & Zoning Department, the Planning Department provided regular staff support to the Zoning Board of Appeals during 2006 . Staff regularly attended Zoning Board meetings, prepared all materials (including SEQR reviews) and coordinated all aspects of the review of Zoning Board of Appeals cases with the cooperation and support of the Code Enforcement staff. Attached is a summary of all 2006 Zoning Board of Appeals actions (See Appendix B) . The Zoning Board heard a total of 55 appeals, up from 47 appeals in 2005 . The Board granted 50 of those appeals and denied two use variances (one appeal was adjourned, one withdrawn, and one was an interpretation) . Similar to 2005 , the majority of the 2006 appeals were for area variances, which included . mainly front, side, and rear yard setback variances and height variances. Additionally, there were four granted special approvals, one granted use variance (to allow the continuation of antique sales in a residential zone), and nine granted "other" variances . (five sign variances, three sprinkler variances, and one 280a variance) . Please refer to the attached "2006 Zoning Board of Appeals Summary" (Appendix B) for additional information. The summary includes a history of Zoning Board actions from 2002 to 2006 . Development Review Fees _ 2006 : In 2006, the Planning Department received thirty-seven new development review applications consisting of approximately sixteen site plan reviews , fourteen subdivision reviews, and seven others consisting of special permits or recommendations to the Town Board or Zoning Board. Some of these applications include multiple actions that were not counted separately for the development review accounting purposes . There were also multiple applications for projects started prior to 2006 that submitted applications for other stages of review and are not included in the numbers listed above. In 2006, a total of $21 ,230 . 00 was collected for site plan review, subdivision review, special permits, recommendations to the Town Board and the Zoning Board, and additional meeting fees . This includes all thirty- seven new projects submitted in 2006 along with several older projects that submitted new applications in 2006 and were still active. The attached table shows each individual project with the total fees collected (See Appendix Q . Plan Compliance and Inspections : The Planning, Engineering, and Highway Departments continued to work together to coordinate development inspections and compliance issues . PEZ meetings were held regularly to coordinate development review follow-ups . Town Board SEAR Reviews : Staff prepared 8 SEQR reviews in 2006 for local laws and other Town Board actions (e. g. , amendments to the Zoning Code regarding hospitals in Conservation Zones, solar collectors ; amendment to other Code Chapters, including noise, outdoor lighting, and stormwater management — recovery of fees ; establishment of new Indian Creek/Lake Slopes Conservation Zone; acquisition of Dress Woods parcel ; and a local law regarding tax exemptions for ADA home improvements) . PARK, RECREATION & OPEN SPACE PLAN IMPELMENTATION Open Space Fund : The Open Space Fund, which is currently funded through the Operating Budget, had a balance as . of December 31 , 2006 of $ 366 ,058 . Funds are available for open space or park acquisition, purchase of conservation easements, and trail or park development. Agricultural Land Preservation Program : The Town received two new applications from interested agricultural landowners for the voluntary purchase of development rights (PDR) program . The Agricultural Land Preservation Committee met to discuss these new applications and appraisals were completed for both applications. Planning staff prepared a grant application for submission to the NYS Department of Agriculture and Markets grant program for acquisition of one of the agricultural conservation easements . The State announced the grant awards in October, and unfortunately the Town project was not selected for funding. The Agricultural Land Preservation Committee will need to meet 2007 to discuss the status of the applications . Planning Staff conducted the annual inspection of the Ferguson property on West Hill and found the property to be in compliance with the conservation easement. 2 East Ithaca Recreation Way (William and Hannah Pew Bikeway) : Town of Ithaca Public Works staff continued to make significant progress on the construction of the trail in 2006, with the completion of the project anticipated in 2007 . Two requests for reimbursement under the federal grant were submitted and received in 2006 , primarily for construction and inspection costs . Gateway Trail : Town representatives on the Inter-municipal Trail Committee met once to discuss in-house work that can be done prior to starting with the grant. In August, a number of representatives from the City and Town of Ithaca met with officials from Emerson and walked the site to assess issues and possibilities for building the portion of the Gateway Trail that is planned to traverse part of the Emerson property. While there are some security and site contamination issues to address, the site walk was helpful in beginning to identify some possibilities to get around the problem areas . Planning staff prepared an Initial Project Proposal (IPP) , which was sent to NYS Department of Transportation to start the process of having the grant contract documents prepared . Staff also met with the Public Works Committee to discuss map work that has been prepared showing the proposed alignment of the trail and problem/issue areas that need special design attention, including the crossing of Stone Quarry Road and the alignment through the Emerson property. Acquisition of Dress Property, Culver Road : The closing for the Dress property acquisition (283 Culver Road) was successfully completed on May 12 , 2006, and the deed was filed. The Town now owns the 11 +/- acre parcel consisting of significant mature forest. The deed includes restrictions limiting uses and activities to maintaining the property as a wilderness area and natural forest. Funds for the acquisition were taken from the Town ' s Open Space Reserve, CONSERVATION BOARD The Planning Department provided regular staff support to the Conservation Board during 2006 . Staff coordinated and regularly attended Board meetings, as well as provided support to several Conservation Board (CB) committees, such as the Environmental Review Committee and the Scenic Resources Committee. Of note for 2006 are: Membership : The Conservation Board is currently seeking a new member. Melissa Anthony recently stepped down to an Associate position (non-voting) , after becoming a new mother this summer, and determining that she could not devote as much time to the Board. Elissa Wolfson, who had been a member since 1999, and became an Associate in 2005 , decided not to renew her term in 2007 . Elissa had been an active member, who served as a Tompkins County EMC representative for a time. As the Editor and Communications Coordinator for Cornell Plantations, Elissa ' s communication and writing skills were a tremendous asset to the Board. Richard B Fischer Environmental Conservation Recognition Award : The Board presented its 3rd annual award to the Museum of the Earth at the Paleontological Research Institution (PRI) for the design of its environmentally-conscious and conservation-minded building. The formal presentation took place at the Town Board meeting in June, and a tree dedication ceremony took place in October at Tutelo Park, after the planting of a sugar maple tree in honor of PRI/Museum of the Earth. The Board has sent out press releases and letters of interest hopes of attracting attention and encouraging nominations for the 2006 Fischer award, due Jan. 31 st. 3 Scenic Resources Committee : The Scenic Resource Committee continues to make progress in documenting and ranking scenic views in the Town. The committee has collected a large number of photos, and has selected what they believe to be the top views . The committee has also begun work on an outline proposing strategies to protect scenic views in the town. The efforts in 2007 will focus on gathering public input on top views in the Town, . and continuing work on a protection strategy plan. Environmental Review Committee: The Environmental Review Committee (ERC) continued to provide useful comments to the Planning Board on various development proposals in 2006 . ERC members conducted numerous site visits and composed comments for Planning Board consideration on a wide range of projects . Other Special Projects : The Board reviewed and made recommendations on the draft Natural Heritage Preservation Program document written for the Town in 2001 , to spur development of a program for the purchase of development rights for environmentally sensitive/significant lands . The Board also reviewed proposed dock regulations, and provided input on the draft law allowing solar collectors . The Board also continues to make regular contributions to the Town ' s spring and fall newsletter. In addition, the CB representatives on the Tompkins County Environmental Management Council , the Six Mile Creek Volunteer Monitoring Program, and the City Natural Areas Commission provide monthly reports to the members, allowing the Board to stay informed, and coordinate as necessary with the activities of these other local environmental organizations. CODES AND ORDINANCES COMMITTEE The Planning Department provided staff assistance to the Codes and Ordinances Committee in 2006 . The following were completed by the Committee and adopted by the Town Board : • Enactment of Indian Creek/Lake Slopes Conservation Zone • Adoption of Outdoor Lighting Law • Adoption of Zoning amendments regarding solar collectors • Survey of lakefront residents regarding short-term rentals • Adoption of local law regarding repair of stormwater facilities and recovery of Town charges • Adoption of Zoning amendment to include additional permitted uses (e. g. , hospitals) in Conservation Zones • Adoption of zoning amendments regarding alternate Zoning Board and Planning Board members In addition, significant progress in 2006 was made on the following initiatives : Revised draft of a proposed Stream Setback Law • Zoning amendments regarding home occupations • Proposed Coy Glen Conservation Zone • Zoning amendments regarding docks and other shoreline structures in the Lakefront Residential Zone • Zoning amendments regarding wind energy facilities 4 The Codes and Ordinances Committee will be discussing possible work plan priorities for 2007 . A draft is attached to this report for the Town Board ' s information (see Appendix D) . TRANSPORTATION COMMITTEE The Planning Department provided regular staff support to the Transportation Committee during 2006 . Staff attended committee meetings and provided assistance in data collection and mapping, and in the preparation of written materials . This past year was another busy and productive year for the Transportation Committee . Work efforts focused on the completion of the Town of Ithaca Transportation Plan during 2006 . Several specific accomplishments during 2006 related to the Transportation Plan are worthy of note : • Preparation of a revised draft of the pedestrian connections map and chapter describing the criteria that went into the preparation of the map ; • Preparation of a new draft bicycle issues section and map ; • Preparation of draft pedestrian and bicycle facility design guidelines in an Appendix; • Preparation of a draft Appendix regarding traffic calming options ; The Transportation Committee held the third public information meeting on the Plan on May 18 , 2006 . Press contacts were made and a summary of the Plan recommendations was prepared . Subsequently, a draft of the full Plan was prepared and placed on the web site. A draft Full Environmental Assessment Form to evaluate the potential impacts of the Plan was prepared . The Committee completed review of the draft Plan at its September 19, 2006 meeting, and forwarded the Plan to the Town Board for consideration. Staff presented the draft Transportation Plan to the Planning Board at the October 17`h meeting subsequent to the Town Board ' s referral of the Plan for a recommendation. The Planning Board then held a public hearing on the Plan at their November 21 , 2006 meeting, passed an affirmative recommendation regarding the adoption of the Plan, and sent its recommendation to the Town Board. Staff prepared multiple copies of the Plan, Executive Summary, and summary brochure and distributed these to a list of stakeholders, organizations and agencies with notification regarding the Planning Board hearing. The media was also contacted in order to publicize the availability of the draft Plan and to solicit public comments . The Town Board scheduled a public hearing to consider the Plan at the regular January 2007 Town Board meeting. It is anticipated that final revisions will be made to the Plan, based on comments received from the public, the Planning Board, Town Board, and others, and will be sent back to the Town Board for consideration of adoption in March or April 2007 . OTHER PLANNING DEPARTMENT PROJECTS AND ACTIVITIES Ithaca — Tompkins County Transportation Council (ITCTC) : Planning staff attended regular meetings of the ITCTC Planning Committee and Policy Committee and joint meetings of the Planning and Policy Committees. Projects initiated or completed in 2006 included initiation of 5 the 2007-2012 Transportation Improvement Program (TIP) Update process, several TIP amendments, preparation of a 2006 road construction map, a park-and-ride study, preparation of a bicycle suitability map , participation in the Transportation Enhancement Program grant application process, and approval of the annual self-certification. Jonathan Kanter served as Chair of the ITCTC Planning Committee in 2006, and was elected to serve as Vice Chair for 2007 , and Bill Gray, Superintendent of Public Works for the City of Ithaca, was elected to serve as Chair. Don Hartill was re-elected as Chair of the Policy Committee for 2007 , and Supervisor Valentino was re-elected as Vice-Chair of the Policy Committee for 2007 . Cornell University Transportation-focused Generic Environmental Impact Statement (t-GEIS ) : Town staff has continued working with the Project Team to move ahead on preparation of the T- GEIS through attendance at Project Team and Resource Committee meetings . Some of the work tasks completed during 2006 included: the screening process to finalize the intersections and corridors to include in the vehicular traffic analysis , with intersection counts conducted during April ; completion of a follow-up survey of Cornell commuters, including all graduate students, a sample of undergraduates, and faculty and staff, to determine transportation mode preferences and needs ; and neighborhood and focus group meetings, including an April 25th bicyclist and pedestrian workshop, May 1St University Neighborhood Council workshop, and May 3rd Ithaca Neighborhood Council workshop . The t-GEIS consultants spent the summer and fall of 2006 working on the intersection, corridor, neighborhood, and growth analyses, and reported on the status of their work regarding the traffic and intersection analysis on November 29, 2006 . Existing data has been reviewed, new data was collected (where needed) during the fall, and the data has been factored into preliminary road corridor and intersection analyses . Preliminary growth scenarios have been conducted and factored into the road corridor and intersection analyses . In addition, analysis of the commuter survey that was conducted was initiated. The consultants have indicated that a revised timeline for the T-GEIS will take the project through 2007 for completion. Cornell Master Plan: Town. staff met on May 15 , 2006 with the consultants who are working on Cornell University' s Comprehensive Master Plan to provide background information about the Town of Ithaca and to discuss issues that should be addressed in the Master Plan. Topics included the development review process, Comell ' s role in providing housing for its work force, how the T- GEIS will relate to the Master Plan, natural features preservation, and coordination and communication within the Cornell bureaucracy. Cornell held a series of discussions and workshops with all facets of the Cornell population, municipal officials, and neighborhood groups to discuss the expectations of the Master Plan. The Plan will have a 25-year planning horizon, and is expected to be completed by the end of 2007 . The Cornell Master Plan consultants held a workshop on November 30, 2006 to present their preliminary analysis and observations regarding trends and possible growth scenarios for the Cornell campus . The consultants are conducting additional . workshops to bring this information to a number of stakeholder groups. Northeast Walkability Study — Steering Committee : Several Town representatives, including Peter Stein, Pat Leary, Jonathan Kanter and Nicole Tedesco, attended the meetings of the Steering Committee to discuss the project scope and timeframe for the Northeast Walkability Study, sponsored by the Tompkins County Planning Department under a federal grant program. The Study includes an inventory of existing conditions in the Northeast area, bounded by Sapsucker Woods Road on the. east, Uptown Road (Vil . of Lansing boundary) on the north, 6 Triphammer Road on the west, and Hanshaw Road on the south regarding the pedestrian environment. It also includes the development of a resident survey to evaluate the walkability of the area and a GIS database and assessment tool . A walking survey of the area , was held in July. 2006 . A training session was held to instruct the public on how to use the survey form that had been developed, but the session was not well attended . The consultants will analyze the survey results, and provide recommendations regarding the survey itself and ways to improve the walkability of the Northeast area. The County anticipates that a public meeting will be held in March 2007 , followed by the completion of the final report. Stormwater Coalition of Tompkins County: Planning staff continues to participate in the Stormwater Coalition. This intermunicipal partnership was organized so that the MS4 regulated communities in Tompkins County can work collectively to meet the goals of the NYS Department of Environmental Conservation ' s SPDES General Permit for Stormwater Discharges . The Stormwater Working Group is composed of MS4 representatives from the Town and City of Ithaca, Town of Dryden, Town of Caroline, Town of Ulysses, Town of Newfield, Town of Lansing, Village of Lansing, Village of Cayuga Heights, and Tompkins County, with ex-officio participants from other local groups having an interest in water resources including Tompkins County Soil and Water District, Cornell Cooperative Extension, Cornell University and the Cayuga Lake Watershed Network. The group has been meeting monthly since 2003 . Accomplishments for 2006 include : • Applied for two NYS Water Quality Improvement Projects (WQIP) grants . WQIP Round 8 application request was submitted in March for $ 109 , 840 and WQIP Round 9 application request submitted in October was for $ 148 , 000 . The Coalition did learn that the Round 8 request will be awarded, with this funding to be used for such things as municipal incurred legal expenses for the development of stormwater management local laws, as well as the implementation of the local law . The grant does require a local funding match, which the application described as being met through the use of personal services (staff time) and equipment. Formally organized the Stormwater Coalition with the signing of the Memorandum of Agreement. This was followed by the collection of membership dues that will help fund the education and outreach programs, the training workshops sponsored by the Coalition, and the grant writing and administration. • Organized and held a Stormwater Construction Site Inspection Workshop in April which was widely attended by local code enforcement officers, engineers, and other municipal staff involved in reviewing or inspecting stormwater management facilities . Several staff members from the Town of Ithaca attended this workshop that involved both a classroom presentation and field visits . • Collaborated on the required Annual Report to NYS DEC documenting progress on the Town ' s stormwater management program. • Continued the allocation of 2003 grant money targeted for developing and implementing a comprehensive stormwater education and outreach plan, and for mapping stormwater . 7 outfalls with the MS4s in Tompkins County. The Town of Ithaca was allocated approximately $ 13 , 800 for the outfall mapping. This work continues to be coordinated by the Engineering Department, For 2007 , the Stormwater Coalition anticipates working collaboratively on developing an Illicit Discharge and Detection Elimination Program (IDDE) , as required by NYS , and plans to sponsor training programs on illicit discharge detection, as well as work together on developing a local law. Coalition members continue to assist each other in the development of individual MS4s stormwater management local laws. Affordable Housing: The Planning Department was involved in several efforts to initiate a more formal approach to affordable housing for the Town in 2006 . Included in those efforts were research regarding approaches that other municipalities are taking to encourage affordable housing, meetings with Cornell officials regarding possible sites that might be available for affordable housing, participation in the review of the Tompkins County Housing Needs Study, including an analysis of what the results of the County Housing Needs Study mean for the Town of Ithaca, and attendance at the City of Ithaca Mayor' s Housing Forums (held on June 23 and October 19 , 2006), which included discussions regarding subjects such as local housing needs, financial aspects of affordable housing, etc. TCAD Economic Development Collaborative: The Director of Planning and . Town Supervisor attended quarterly meetings of the Tompkins County Area Development (TCAD) Economic Development Collaborative (formerly known as the Economic Development Strategy Coordinating Committee) . The focus of work during 2006 was on . the completion and implementation of the updated Economic Development Strategy, The Town Board adopted a resolution supporting the Strategy and the Town ' s participation in the Collaborative. Town of Ithaca-sponsored Training Session — Town Board ' s Role in Planning and Zoning: This session with participants from the NYS Department of State, Division of Local Government, was held on Wednesday, November 29, 2006 from 7 : 00 p .m. to 9 : 00 p.m. at the Borg Warner Room (East) at the Tompkins County Public Library: A flyer announcing the event was prepared and distributed to all municipal elected officials, planning and zoning board members in Tompkins County, and was also sent to Cortland County for their distribution. A press release was also prepared and sent to our media list prior to the session. The program was attended by approximately 60 people, including municipal officials from town boards, common council, planning boards, zoning boards, county legislature and members of the public. The program was taped, and a VHS tape (or DVD format) is available in the Planning Department_ for viewing. Conferences and Training Sessions : Planning staff and/or Planning Board/Conservation Board members attended the following conferences and training sessions during 2006 . Highlights of , some of the conferences are described in the Planning Director' s monthly reports, and conference materials are available in the Planning Department : • Affordable Housing Workshop (# 1 ) — January 26, 2006 (Better Housing for Tompkins County 8 • Affordable Housing Workshop (#2) — March 30, 2006 (Better Housing for Tompkins County) • NYS Association of Metropolitan . Planning Associations Conference — June 7-9, 2006 (Saratoga Springs, NY) • Stormwater Management Workshop — June 28 , 2006 (Cornell Cooperative Extension, Ithaca) • New York Planning Federation Conference — October 8 - 11 , 2006 (Saratoga Springs, NY) • NYS Conference on the Environment — October 2006 (Chautauqua, NY) • Designing Streets for Pedestrian Safety Workshop — September 21 -22 , 2006 (Cornell Local Roads Program) 2007 Budget : The Planning Department ' s proposed 2007 Budget was completed and submitted to the Supervisor, and incorporated into the adopted 2007 Budget. Newsletters : The Planning Department coordinated the preparation and distribution of two newsletters (Spring and Fall) in 2006 . Thanks again to Chris Balestra for coordinating the preparation of the Newsletter. espectfully submitted, _ Jonathan Kanter, A . I . C .P . , Director of Planning Susan Ritter, Assistant Director of Planning Michael Smith, Environmental Planner Christine Balestra, Planner Nicole Tedesco , Planner (2006) Esther Blodau-Konick, Planner (2007) February 6, 2006 9 APPENDICES : TOWN OF ITHACA PLANNING DEPARTMENT ANNUAL REPORT APPENDIX A : SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS - 2006 APPENDIX B : 2006 ZONING BOARD OF APPEALS SUMMARY APPENDIX C : 2006 PLANNING BOARD APPLICATIONS - DEVELOPMENT REVIEW FEES APPENDIX D : TOWN OF ITHACA CODES & ORDINANCES COMMITTEE - DISCUSSION OF PROPOSED WORK PLAN PRIORITIES FOR 2007 AND BEYOND APPEISDIX A SUMMARY OF TOWN OF ITHACA PLANNING BOARD ACTIONS — 2006 Preliminary Subdivision Approvals Granted 3 Final Subdivision Approvals Granted 12 (includes actions where prelim . & final approval were simultaneous) Sketch Plan Reviews (Including Revised Sketch Plans) 6 Preliminary Site Plan Approvals Granted 6 Final Site Plan Approvals Granted 18 Ask (includes actions where prelim . & final approval were simultaneous) Site Plan Modifications 7 Recommendations (to Town Board, ZBA, etc.) 10 Special Permits/Approvals 18 (includes actions where special permit were simultaneous with other approvals) Miscellaneous Planning Board Actions 3 TOTAL ACTIONS 83 PRELIMINARY SUBDIVISION APPROVALS Briarwood 50-Lot Subdivision, Sanctuary Drive, Birchwood Drive North, and Birchwood Drive : The Planning Board granted Preliminary Subdivision Approval for the proposed 50-lot subdivision located along new extensions to Sanctuary Drive, Birchwood Drive North, and Birchwood Drive. Drake 13-Lot Subdivision, Mecklenburg Road: The Planning Board granted Preliminary Subdivision Approval for the proposed 13 -lot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road. FINAL SUBDIVISION APPROVALS 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 . PRELIMINARY AND FINAL SUBDIVISION APPROVALS Babcock 7-Lot Subdivision, Hayts and Trumansburg Roads : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 7-lot subdivision located on Hayts Road and Trumansburg Road . Brainard 2-Lot Subdivision, 132 Pine Tree Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 132 Pine Tree Road. Desch & Coddington Road Community Center Land Exchange, Updike Road & 920 Coddington Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed land exchange located at 920 Coddington Road and Updike Road. Duffy 3-Lot Subdivision, 1301 and 1305 Hanshaw Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 3 -lot subdivision located at 1301 & 1305 Hanshaw Road . Ellis 2-Lot Subdivision, 118 & 120 Bundy Road : The Planning Board granted Preliminary and Final Subdivision Approval for the . proposed Not subdivision located at 118 and 120 Bundy Road. Engman/Westmont 2-Lot Subdivision, 206 Forest Home Drive and 120 Warren Road : The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 206 Forest Home Drive and 120 Warren Road. 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. Aft Haines 2-Lot Subdivision, 1519 Slaterville Road : The Planning Board granted Preliminary and Final Subdivision approval for the proposed 2 -lot subdivision located at 1519 Slaterville Road, Halkiopoulos 2-Lot Subdivision, 155 and 155 .5 Westview Lane Road : The Planning Board granted Preliminary and Final Subdivision Approval and modification of the original 1986 Grandview Subdivision approval for the proposed 2-lot subdivision located at 155 & 155 . 5 Westview Lane . Holtz/City of Ithaca 2-Lot Subdivision, 15174 Slaterville Road : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 1517- 1 Slaterville Road. Rapom 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. SKETCH PLAN REVIEWS Sketch Plan Review- 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 . Sketch Plan Review- Phase II Development at Former Judd Falls Plaza, Pine Tree Road and Mitchell Streets : The Planning Board reviewed a sketch plan for a proposed hotel and two restaurant / retail buildings as part of the Phase II Development of the former Judd Falls Plaza located off Pine Tree Road and Mitchell Street. The proposal includes a three-story, +/- 60,507 square foot hotel containing approximately 84 rooms and two restaurant / retail buildings totaling +/- 7 ,900 square feet. The proposal also includes improvements to the parking area along with new walkways and landscaping. Variances would be required for the hotel setbacks and for a drive-through restaurant located within 1 , 500 feet of another drive-through restaurant. The Planning Board indicated strong concerns to the applicant regarding the size of the hotel, the drive-through restaurant, and other aspects of the proposal, indicated that it would not likely recommend approval of variances for the proposal , and requested that the developer come back with a different proposal . Sketch Plan- Ithaca Community Childcare Center Additions & Renovations, 579 Warren Road : The Planning Board reviewed a sketch plan for the proposed additions and renovations at the Ithaca Community Childcare Center (IC3 ) located at 579 Warren Road. The proposal includes the construction of two additions totaling +/- 5 ,905 gross square feet, interior renovations to the existing building, and new landscaping, walkways, and lighting. Sketch Plan :Review- Ithaca College Gateway/Administration Building, Ithaca College Campus off Danby Road : The Planning Board reviewed a sketch plan for the proposed Ithaca College Gateway Building located on the Ithaca College campus north of Dillingham Hall . The proposal is for a new 4-level , +/- 50, 500 gross square foot building for the Office of Admissions, the Office of Human Resources and the college ' s executive offices . The project will also include new stormwater facilities, lighting, landscaping, and changes to the adjacent parking area and walkways . Sketch Plan Review- Modifications to Holly Creek Subdivision & Development, West King Road : The Planning Board reviewed a sketch plan for the proposed modifications to the Holly Creek subdivision development located south of 111 West King Road . The proposal includes revising the approved plan by replacing the 20 proposed rental apartments with 12 single-family dwellings in six duplex structures along with three lot line changes involving the remaining residential lots. Sketch Plan Review- College Crossing Development, northeast corner of the Danby Road (NYS Route 96B) and East King Road : The Planning Board considered a sketch plan for the proposed College Crossing Development located on the northeast corner of the Danby Road (NYS Route 96B) and East King Road intersection. The proposal is for a +/- 23 ,000 gross square foot building to accommodate nine tenants for new retail , commercial and office space. The project will also include 123 parking spaces, landscaping, lighting, storm water facilities and a new walkway connection to the College Circle Apartments , PRELIMINARY SITE PLAN APPROVALS Conifer Village Ithaca Senior Living Community, Conifer Drive : The Planning Board granted Preliminary Site Plan Approval , Preliminary Subdivision Approval and issued an affirmative Recommendation to the Town Board regarding a zoning change for the Conifer Village Ithaca Senior Living Community proposal consisting of a seventy-two (72) unit independent living 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 II1 . 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. Ithaca College School of Business, Danby Road : The Planning Board granted Preliminary Site Plan Approval and a Special Permit for the proposed Ithaca College. School of Business building located north of Job and Friends Halls on the Ithaca College campus . Ithaca College Gateway Building, Danby Road : The Planning Board granted Preliminary Site Plan Approval and Special Permit for the proposed Ithaca College Gateway Building located on the Ithaca College campus north of Dillingham Hall . 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. Sokoloff Dock, 1126 East Shore Drive : 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 ' . 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 . FINAL SITE PLAN APPROVALS 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 . Genex Monsanto Building Addition, 521 Sheffield Road : The Planning Board granted Final Site Plan Approval for the proposed addition at the Genex Monsanto Building, Production Center # 2 , located at 521 Sheffield Road . Ithaca College School of Business, Danby Road : The Planning Board granted Final Site Plan Approval for the proposed Ithaca College School of Business building located north of Job and Friends Halls on the Ithaca College campus. Ithaca College Gateway Building, Danby Road : The Planning Board granted Final Site Plan Approval for the proposed Ithaca College Gateway Building located on the Ithaca College campus north of Dillingham Hall , Namgyal Monastery, Danby Road : The Planning Board granted Final Site Plan Approval for the proposed Namgyal Monastery development located on the east side of Danby Road (NYS Route 96B) across from Sesame Street, Rite Aid Pharmacy/Judd Falls Plaza Redevelopment, 322-350 Pine Tree Road and 946 Mitchell Street : The Planning Board granted Final Site Plan Approval for the proposed Rite Aid Pharmacy (+/- 14 , 564 square feet) , which is the first phase of the redevelopment of the Judd Falls Plaza properties located at 322- 350 Pine Tree Road and 930 and 946 Mitchell Street, Sokoloff Dock, 1126 East Shore Drive : The Planning Board granted Final Site Plan Approval for the construction of a dock located at 1126 East Shore Drive. Three Rivers Mini-Golf & Creamery, 869 Elmira Road : The Planning Board granted Final Site Plan Approval for the proposed Three Rivers Mini-Golf & Creamery located at 869 Elmira Road, PRELIMINARY AND FINAL SITE PLAN APPROVALS Biggs Building Demolition, 301 Harris B. Dates Drive : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed demolition of the Biggs Building located at 301 Harris B . Dates Drive, Ceres Gardens, 1080 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed Ceres Gardens located at 1080 Danby Road (NYS Route 96B) . The Confection Connection, 821 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed "The Confection Connection" to be located in an existing building at 823 Danby Road (Rogan' s Corner) . : Cornell University Campus Road Segment 7 Rehabilitation : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Campus Road Segment 7 Rehabilitation project located between Judd Falls and Tower Roads , Cornell University Grounds Department Facilities Improvements, Palm Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Approval for the proposed Cornell University Grounds Department Facilities Improvement Project located between Palm Road and Dryden Road (NYS Route 366) , Ithaca College Boothroyd Hall Renovations, Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed renovations to the Ithaca College Boothroyd Hall located in the southeast corner of the main campus. Ithaca Community Childcare Center Additions & Renovations, 579 Warren Road : The Planning Board granted Preliminary and Final Site Plan Approval and a Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road. Moore Dock, Sea Wall, Boat Lift & Mooring, 1028 East Shore Driver 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, SITE PLAN MODIFICATIONS Cornell University Precinct 8 Athletic Fields Modification, Game Farm Road : The Planning . Board granted Modification of Preliminary and Final Site Plan Approval for the modification of the previously approved Precinct 8 Athletic Fields project located off Game Farm Road . La Tourelle Site Plan Modifications (Spa and Room Addition), 1150 Danby Road : The Planning Board granted . Modification of 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) , Moore Dock and Boat Lift, 1028 East Shore Drive : The Planning Board granted Modification of Site Plan and Special Permit for the previously approved plan for a dock, boatlift, mooring, and rip rap at 1028 East Shore Drive (NYS Route 34) . Overlook at West Hill Light Fixtures, West Hill Circle : The Planning Board granted Modification of Preliminary and Final Site Plan Approval for a modification to the Overlook at West Hill development located off Trumansburg Road on West Hill Circle. Sokoloff Dock, 1126 East Shore Drive : The Planning Board granted Modification of Site Plan and . Special Permit for the previously approved plan for a dock at 1126 East Shore Drive, South Hill Business Campus Parking and Circulation Modifications, 950 Danby Road : The Planning Board granted Modification of Preliminary and Final Site Plan Approval for the proposed parking lot improvements to the main employee parking lot at the South Hill Business Campus located at 950 Danby Road. Tompkins County/Ithaca College South Hill Communication Tower, Ithaca College Campus (off Danby Road) : The Planning Board granted Modification of Site Plan and Special Permit for the previously approved Tompkins County South Hill communication tower located on the Ithaca College campus . RECOMMENDATIONS Recommendation to Town Board regarding a local law amending the provisions for the use of alternate Planning Board members : The Planning Board approved an affirmative Recommendation to the Town of Ithaca Town Board regarding a local law amending Chapter 270 of the Code of the Town of Ithaca titled "Zoning" regarding the use of Planning Board alternate members, conditioned upon deleting the following words from Section 2 .b : "abstention or any other reason" . 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, Recommendation Regarding Proposed Zoning Amendments — Hospitals in Conservation Zones : The Planning Board issued an affirmative Recommendation to the Town Board regarding a proposed Local Law amending the Zoning Chapter of the Town of Ithaca Code regarding the definition of a hospital and. regarding permitted uses in Conservation Zones . Recommendation to Town Board Regarding Proposed Outdoor Lighting Law : The Planning Board approved an affirmative Recommendation to the Town Board regarding the proposed local law adding Chapter 173 , regarding outdoor lighting, to the Town of Ithaca Code. Recommendation to Town Board Regarding Proposed Local Law Regarding Solar Collectors and Installations : The Planning Board approved a Recommendation to the Town Board regarding a proposed local law amending Chapter 270 of the Town of Ithaca Code, entitled Zoning, regarding solar collectors and installations . Recommendation to Town Board Regarding Town of Ithaca Transportation Plan : The Planning Board approved an affirmative Recommendation to the Town of Ithaca Town Board regarding the adoption of the draft Town of Ithaca Transportation Plan, subject to considering the incorporation of relevant comments received regarding the Plan. Recommendation to Zoning Board of Appeals Regarding Sign Variances, St. Catherine of Siena Church, 302 St. Catherine Circle : The Planning Board issued an affirmative Recommendation to the Zoning Board of Appeals regarding sign variances for the proposed replacement sign for the St. Catherine of Siena Church, 302 St. Catherine Circle. Recommendation to Zoning Board of Appeals Regarding Sign Variances, Overlook at West Hill, West Hill Circle : The Planning Board issued an affirmative Recommendation to the Zoning Board of Appeals regarding sign variances for the proposed installation of one sign on each parcel for The Overlook at West Hill complex, located at the intersection on Trumansburg Road and West Hill Circle. Recommendation to Zoning Board of Appeals Regarding Westview Subdivision Sign, Schickel Road . The Planning Board Recommended to the Zoning Board of Appeals denial . of a sign variance to allow a +/- 18 square foot neighborhood identification sign on the southeast corner of Schickel Road and Larisa Lane. SPECIAL PERMITS/APPROVALS Big Al ' s (Manley' s Mighty-Mart) — Hours of Operation, 1103 Danby Road : The Planning Board granted . modification of a Special Permit Approval for the Big Al ' s Convenience Store (Manley' s Mighty-Mart) located at 1103 Danby Road. Buttermilk Falls Bed & Breakfast, 110 East Buttermilk Falls Road : The Planning Board granted a Special Permit for the proposed continued operation of the existing Buttermilk Falls Bed and Breakfast located at 110 East Buttermilk Falls Road . Green Heron Farm — Equestrian Center, 1457 Trumansburg Road : The Planning Board granted a Special Permit for the proposed continued operation of the existing equestrian facility located at 1457 Trumansburg Road. T-Mobile Wireless Telecommunication Facility, Cornell University McConville Barn Water Tank, 756 Dryden Road : The Planning Board granted a Special Permit for the proposed wireless telecommunication facility on the existing water tank at the McConville Barn of Cornell University. MISCELLANEOUS PLANNING BOARD ACTIONS Briarwood 50-Lot Subdivision, Sanctuary Drive, Birchwood Drive North, and Birchwood Drive : The Planning Board issued a Negative Declaration of Environmental Significance regarding the proposed 50-lot subdivision . located along new extensions to Sanctuary Drive, Birchwood Drive North, and Birchwood Drive, Cornell University transportation-focused Generic Environmental Impact Statement (t- GEIS) : The Planning Board held two Public Scoping Meetings to consider the .Draft Scope outline for the proposed Ten-year Transportation Impact Mitigation Strategies (TIMS) and the associated transportation-focused Generic Environmental Impact Statement (t-GEIS) . 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. N _ O -- kn N N oO M 0 � I k O N E N O - 0 0 q 1 N PQ HH W 00 M O N O MIN O O O O O OI � O —+ N N S O O O OI QI� N M� W O N M �n M M OI .-- - O O O O O O C>1 O tT N � W C) 9 Q M _ M I •-" - r" O N O O O OI N N o �- N � . . x . . cl ci PENA cd ce — ° L7 y 6 °0 a ' u 'c. w o � 0 � o A W y C L, V C N omY CL V 6 � 0 N: 0 V .. .:i � a .. N nv� �nE� zq< t;) rnE� z z zzz = z 0 o a o 0 0 *M0 o z H d H H H H d H APPEMIX C 6 Planning Board Applications r7*£ >2 .. .. < o vo-.5t %, < ar' K'{rF - g : v "1 �ar .F . . 3, .X6rc,, , . :?x.Ff 7 + 5 \ F yy.'ns xjR Gl tql 4 "1' f. . � " ora.2F{Ve Y- -N ✓ z IRS 3 ` ''�I c x F - r > � �:. . . . Pro ect s y . : . t 2 xTota1 ,2006x , -rtti a sx# .>a..ryr n?, . Pe L S,Sack •:n"$'Y-'F R•F4txYS :. �5Y: k+.aa yi , 's. . hs ;;. r3 ye •.. 7^ rat . 'c. mxl r .. :?� y sy sa'; X' .+• :'S' -°r. 0.ry rw ,i 5r Y ,m w ... rs r4 eS -"' 'F+ . aF.F''FT 'y F FAp ItcationFees Paid 02- 11 -439 Holly Creek Subdivision ( King Rd W) $ 124 . 00 02- 12-440 Briarwood 49-Lot Subdivision $2 , 060 . 00 03- 10-470 Cornell Water Tank - T- Mobile Antennas ( Dryden Rd ) $ 100 . 00 03- 10-471 Overlook at West Hill (Trumansburg Rd ) $ 180 . 00 04-04-489 Rubin Subdivision (Troy Rd ) $ 100 . 00 04-05 495 County South Hill Communication Tower ( IC Property ) fee waived 04- 12-516 Conifer Village at Ithaca ( Mecklenburg Rd ) $ 1 , 000 . 00 05-04-536 Namgyal Monastery ( Danby Rd ) $375 . 00 05-05-540 Judd Falls Plaza Redevelopment - Rite Aid $200 . 00 05-06-543 Babcock 8-Lot Subdivision ( Hayts Rd ) $240 . 00 05-07-547 Longview Special Care Building Addition ( Danby Rd ) $ 1 , 500 .00 05-08-551 IC School of Business $ 17250 . 00 05-09-556 Pine Tree Road Office Building ( Pine Tree Rd ) $ 17000 . 00 05- 11 -560 Sokoloff Dock ( East Shore Dr) $ 130 . 00 5- 12-563 Genex Bldg . Addition - Production Ctr #2 (Sheffield Rd ) $ 500 . 00 5- 12 -564 Three Rivers Mini Golf & Creamery ( Elmira Rd ) $200 . 00 06-01 -565 Moore - Sea Wall & Dock ( East Shore Dr) $250 . 00 06-01 -566 Gee 2- Lot Subdivision ( Sheffield Rd ) $ 120 .00 06-01 -567 Raponi 4- Lot Subdivision ( Pennsylvania Ave ) fee waived 06-01 -568 Desch / Coddington Road Community Ctr Subdivision $ 140 . 00 06-02-569 Biggs Building Demolition ( Harris B Dates Dr) $ 1 , 100 . 00 06-02-570 College Crossing ( Danby Rd ) $ 100 . 00 06-03-571 CU Campus Road Segment 7 Rehab $ 500 . 00 06-03-572 IC Boothroyd Hall Renovations $ 300 . 00 06-05- 573 Holtz / City of Ithaca 2-Lot Subdivision ( Slaterville Rd ) fee waived 06-05-574 Ceres Gardens ( Danby Rd ) $200 . 00 06-05-575 Duffy 3- Lot Subdivision ( Hanshaw Rd ) $210 . 00 06-06-576 IC Gateway Building $ 3 , 850 . 00 06-06-577 Buttermilk Falls Bed & Breakfast ( Buttermilk Falls Rd E ) $ 100 . 00 06-06-578 CU Grounds Department Facilities Improvements $400 . 00 06-06-579 Green Heron Farm (Trumansburg Rd ) $ 100 . 00 06-07-580 Halkiopoulos 2 - Lot Subdivision (Westview Ln ) $ 140 . 00 06-07-581 South Hill Business Campus Parking Lot Improvements $400 . 00 6-08-582 St . Catherine Church Sign ( St . Catherine Cir) $ 50 . 00 6-08-583 Brainard 2- Lot Subdivision ( Pine Tree Rd ) $ 140 . 00 h ? Q a -. - ' .^Yfr > .L v +i � , p'T:Q Vc`4 / / . 5 t r:' rk ' n0 Rc` ae." . . � xx4s E1J `\tx> W i ixl . { . s � lQal; �®® y r y < 7 +,y< s . .f r °t T " 4' fx& x; "..,j %S2w.M.x K t"l. ,Y*- .:: - oc - :. ,�.6"< ,a.'sa v�1 .S fi` t s.. vk .� sr f.:� v \ s . c w + ,. 1 �.t v`l� r�,kt�?ov a^^�? i sof � - .y''` ;i cza. sY '3m.?it-krw.t <F' W !3,' .; . ck • ,..y...'a'a '� , ,.ty " . Number pry , d Name y Applicat�ou Fecs .i' : . 06-08-584 The Confection Connection (Danby Rd ) $200 . 06-08-585 Manley's Mighty Mart - Hours of Operation ( Danby Rd ) $ 100 . 00 06-08-586 LaTourelle Swimming Pool ( Danby. Rd ) $ 0 . 00 06-08-587 Ellis 2- Lot Subdivision ( Bundy Rd ) $ 140 . 00 06-09-588 Westview Subdivision Sign (Schickel Rd ) $50 . 00 06- 10-589 IC3 Childcare Center Additions (Warren Rd ) $ 1 , 100 . 00 06- 10-590 Haines / City of Ithaca 2- Lot Subdivision ( Slaterville Rd ) $ 140 . 00 06- 11 -5.91 Campbell Not Subdivision ( King Rd W) $ 140 . 00 06- 11 -592 Westmont / Engman 2- Lot Subdivision ( Forest Home Dr) $ 140 . 00 06- 11 -593 Judd Falls Plaza Redev. Phase II ( Hotel & Restaurant) $ 1 , 000 . 00 06- 11 -594 Berkley 2- Lot Subdivision ( King Rd E ) $ 140 . 00 06- 12-595 Stein 2- Lot Subdivision (Westview Ln ) $ 140 . 00 06- 12-596 Sleeper 2- Lot Subdivision (Westview Ln ) $ 140 . 00 06- 12-597 PRI 75th Anniversary Banners (Trumansburg Rd ) $ 50 . 00 06- 12-598 CU Merrill Family Sailing Center ( East Shore Dr) $ 175 . 00 06- 12-599 IC Athletics & Events Center $ 100 . 00 06- 12-600 CU Animal Health Diagnostic Center A$216 , 06- 12-601 IC Fill Disposal at Emerson Hall Cayuga Cliffs / Holochuck Subdivision (Trumansburg Rd ) Total . $ 21 , 230 . 00 APPEMUX D AdMOL TOWN OF ITHACA CODES & ORDINANCES COMMITTEE DISCUSSION OF PROPOSED WORK PLAN PRIORITIES FOR 2007 AND BEYOND The following is a list of work plan priorities identified by the Committee during 2006, along with summaries of the status of each item (annotated in red) . These were suggested in 2006 in priority categories, starting with the highest priorities . This outline is intended to provide a framework for further Committee consideration and as a starting point for discussions regarding work plan priorities for 2007 and beyond. HIGHEST PRIORITY 1 ) Complete Proposed Stream Setback Ordinance — Draft law completed and circulated to agencies for preliminary comment 2a) Enact Indian Creek/Lake Slopes Conservation Zone - Adopted 2b) Consider Amending Conservation Zone (Article V Zoning Code) to Include Additional Permitted Uses (e . g. , Hospital) Under Limited Conditions - Adopted 3 ) Enact Coy Glen Conservation Zone — Draft report prepared and. under review by staff 4) Enactment of Outdoor Lighting Ordinance (revised draft has been prepared) - Adopted 5 ) Update/revise Subdivision Regulations — Not started 6) Tree Preservation Regulations — Not started 7) Wetlands Protection Ordinance (Being Considered by Conservation Board) — Not started 8) Continue Coordination With Others on Storm Water Management Ordinance — Ongoing, draft law being prepared by staff 9) Consider Affordable Housing Regulations (this may be a several year project, including research on regulatory approaches, working with County Planning on their housing needs assessment, and development of draft regulations — either incentive approach or mandatory inclusion of affordable housing units) — County housing needs report completed; Town staff has done additional research and analysis and prepared draft analysis of Town of Ithaca needs 10) Review/Revise Dimensional Requirements for Docks in Lakefront Residential Zone (Recommended by Planning Board . in Resolution — 11 /29/05 ) — Undeitivay, almost completed NEXT PRIORITY 11 ) Revision of Noise Ordinance (in conjunction with cooperative efforts with City of Ithaca and Ithaca College) — Noise chapter amendments were adopted by Town Board ; there has been discussion regarding possible further amendments 12) Open Burning Law (County Legislature enacted County-wide legislation) — Nothing further done by Town 13 ) Consider New Educational/Institutional Zone — Nothing done 14) Review/Update Parking Ratios/Standards in Zoning Code (Suggested by Staff) — Nothing done 15) Consider Viewshed Protection Regulations (after Cons. Board Viewshed Study is done) - Conservation Board is still working on scenic view inventory Other Work Plan Tasks Initiated or Completed in 2006 : a) Zoning Amendments Regarding Home Occupations — Public hearing scheduled for February 12 , 2007 b) Survey of Lakefront Residents (short term rentals) — Survey completed, action by COC/Town Board to be determined C) Review and amendments of Sign Chapter — Preliminary review and analysis prepared by staff, priority of revisions to be determined by COC d) Zoning Amendment to Permit Solar Panels and Photovoltaic Arrays as Freestanding Structures - Adopted e) Local Law Regarding Repair of Storm Water Management Facilities and Recovery of Town Charges Adopted f) Regulations Regarding Wind Energy Facilities — Research and analysis of possible approaches was conducted by staff; next step is to draft proposed regulations, probably allowing residential-scale facilities g) Amendments to Zoning Provisions Regarding Alternate Members of Zoning Board of Appeals — Adopted (amendments to provisions for Planning Board members will be considered by Town Board at Feb . 12 , 2007 meeting) Other Work Items for Consideration: i) Regulations Regarding Amateur Radio Towers and Other Residential Accessory Structures ii) Amendments to Chapter 129 Unsafe Buildings iii) Overall Code Amendments to Reflect Re-organization of Former Building & Zoning Dept. Town of Ithaca Planning Department January 17, 2007 2 HUMAN RESOURCES OFFICE 2006 ANNUAL REPORT CIVIL SERVICE : The Town has maintained compliance with civil service and has received approved Payroll Certifications , as required by Law. As of the end of the year at the Town there was one position filled by provisional appointment , Esther Blodau - Konick , Planner — temporary until 5/31 /07 . There is one vacant position to be filled , Planning Board Member. There is one employee on probation , Paulette Neilsen , Deputy Town Clerk . For the Commission there is one vacant position , Finance Manager, in which the recruitment phase is in process . There are two employees on probation ; Glenn Pryor, Distribution Operator Trainee and Debbie Kane , Account Clerk Typist . Turnover ratio is determined by dividing the total number of employees who resigned , terminated or retired by the total number of active positions . The Town ' s turnover ratio for 2006 was 9 % or 5 out of 56 . The 56 employees include 4 part time crossing guards . The Commission ' s turnover ratio for 2006 was 21 % or 4 out of 19 . Turnover Ratio Historically : Town : 7 % in 2005 , 7% in 2004 , 0 % in 2003 , 4 % in 2002 , 6 % in 2001 , 13 % in 2000 , 14 % in 1999 , 11 % in 1998 and 11 % in 1997 . S . C . L . I . W . C . : 0 % in 2005 , 0 % in 2004 , 6 % in 2003 , 6 % in 2002 , 6 % in 2001 , 11 % in 2000 , 17 % in 1999 , 0 % in 1998 and 17 % in 1997 . During the year the following changes occurred : • New positions created : Youth Project Assistant for the youth work initiative , Finance Manager ( SCLIWC ) , Sr. Account Clerk Typist ( SCLIWC ) • Title Changes : None • Positions abolished : Director of Building and Zoning , 6 Project Assistant , Administrative Manager ( SCLIWC ) • Position reclassified : none • Job Description Revisions : none • Promotional Appointments : Amy Jackson to Sr. Account Clerk Typist • New ( or re- ) hires : Jamie Stevens , Laborer, Hank Yolman , Laborer, Esther Blodau -Konick , Planning Intern , Kristin Burgos , Deputy Town Clerk , Paulette Neilsen , Deputy Town Clerk , Kristin Taylor, Civil Engineer, Mary Monkman , Account Clerk Typist — SCLIWC , and Debbie Kane , Account Clerk Typist- SCLIWC . • Miscellaneous : Temporary Laborers were hired at Public Works for the summer workload . Part time youth were hired during the summer to work on special projects at Town Hall . Several work initiative students through the Recreation and Youth Coordinator. • Resignations : Tim Eighmey , HEO ; Nicole Tedesco , Planner; Larry Parlett , Administration Manager; John Coakley , Deputy Town Clerk ; Kristin Burgos , Deputy Town Clerk ; Mary Monkman , Account Clerk Typist — SCLIWC , Tracy Mitrano , Planning Board • Terminations : None • Lay offs : None • Retirements : Andy Frost , Director of Building and Zoning ; Craig Fuller, Distribution Operator -SCLIWC See attached listing of positions as classified with Civil Service . PERSONNEL COMMITTEE : The committee had a slow start to the year with not meeting until May. The committee discussed what the role of the committee would be and how that would change from the past . The committee structure was changed to only include Town Board members and the Human Resources Manager as staff support to the committee . They defined the role of the committee as : • Maintain oversight over everything to do with personnel : includes number of positions , wage comparability , benefit comparability , and personnel policies . • Make recommendations to the Town Board on position changes , new hires , and matters the Town Board refers to committee . A sub committee was created called the Employee Relations Committee . The role of this committee is to provide a forum for staff comments on policy changes and concerns from the staff. The committee spent time reviewing and discussing the job classification program , wage scale and the organization ' s staffing levels . The committee did not come to a clear recommendation of the Town ' s 2007 Wage Scale , so it was referred to the Board for discussion . There was a great deal of time put into creating a comprehensive 5 year analysis of the Town ' s personnel and benefit expenses . SAFETY COMMITTEE : The committee ' s responsibility is to identify and resolve safety and health issues in the workplace . The committee reviewed accident reports and made suggestions to correct problems , in hopes to alleviate any future accidents . The 2 committee reviewed loss run reports from PERMA to become familiar with the cost associated with accidents . The committee reviewed the annual workers' compensation billing to have a better understanding of how it is computed , and what the cost effects are of accidents . The committee also worked on Dangerous Intersections for the large truck drivers , reviewed status of annual safety training , discussed safety orientation training for new and temporary employees , which includes safety awareness , and many other topics . Town Hall had successful surprise evacuation drills with participation by Ithaca Fire Department . Creig Hebdon as a member of the Safety Committee attended the annual PERMA Conference and Business Meeting in May . BOARD POLICY AND PROTOCOL COMMITTEE A great deal of time and effort was put forth in 2005 and 2006 by the committee to create a manual to. be used by the Board members . The manual was designed to be a guide or reference tool for Board members , especially new members . The Town Board adopted the manual at the March 13 , 2006 meeting and the appendices were adopted at the May 8 , 2006 meeting . June 12 , 2006 section 4 . 07 was amended . Manuals were printed and supplied to all the Board members , Town Clerk and Attorney for the Town . RECREATION AND HUMAN SERVICES COMMITTEE I continue to serve on this committee in a staff support role . Please refer to the Recreation and Youth Coordinator' s report for work the committee has completed . EMPLOYEE TRAINING AND DEVELOPMENT : As an essential part of keeping employees affective and interested in their role , training and personal development is always an issue . Each department has funding for training their staff on department specific functions . The Human Resources Office training budget is for professional development training , computer training and required annual prevention training . Such training may include sexual harassment awareness and prevention and Violence in the Workplace prevention training . Programming was arranged for the Public Works Department for March 2006 . The first program is on Leadership Development for the entire staff and the second program is on Management Development for the 8- 10 supervisory level staff. 3 The Municipal Development Group which is comprised of Training and Development Coordinators from Tompkins County , City of Ithaca , Workforce NY and TC3 . partnered in 2006 to produce the third year of the Brainteasers Series . The series was designed to bring awareness of different topics in the short 2-3 hour sessions , in which the participants were given additional resources for more information . Topics covered included : Excel , Personal Effectiveness at Work through Confident Communication , Emotional Intelligence , Power Point , Emergency Preparedness , Re-Cycle and Re- Use , Excelling at Customer Service and Mail Merges . Most of these sessions were attended by Town staff. The total cost to the Town as part of this Brainteaser Program was $ 300 . As for the H . R . ' s office development I participated in the following seminars in 2006 ; monthly training/meetings of the Society for Human Resource Management of Tompkins County , SHRM national conference in Washington D . C . , NYS SHRM conference at Turning Stone Casino . On a professional basis I served on the Society of Human Resources Management of Tompkins County Board of Directors as President and served as a municipal representative on the United Way Allocations Committee . Connie Clark , Principal Account Clerk , and Deborah Kelley, Bookkeeper to the Supervisor, both attended SHRM of Tompkins County all day conference held at Ithaca College in May. INSURANCES ( Benefits ) . HEALTH / DENTAL INSURANCE : In 2006 the Town ' s health insurance was with Excellus BlueCross/BlueShield Blue PPO for the 4th year. This plan is an experience rated plan , which means the loss ratio between premiums paid are in relation to claims paid . In 2003 and 2004 the Town experience was heavier on the claims paid than premiums paid , however that changed for 2005 with only an 80 % loss ratio and 2006 with a 66 % loss ratio . The renewal for 2007 was a 2 . 36 % decrease over 2006 . There were no plan design changes made for the renewing contract . The Town remained with Guardian for dental insurance for the 5th year. For the 2007 renewal there was no increase in premiums due to a positive loss ratio . There were no plan design changes made for 2007 . This insurance remains to have very low participation , because it is a voluntary 100 % paid by employee plan . Premium history information from 1995 can be provided for both health and dental insurance . I did some initial summary work for what is now call TCCOG , which is looking into the viability of one municipal cooperative health insurance plan . FLEX SPENDING PROGRAM : Flex Spending was added as an additional benefit effective in 2005 . There was a great turnout for enrollment for this program with 28 participants out of the 69 eligible , an increase of 6 % over 2005 . Based on the participation the Town 4 saved over $2 , 000 in FICA and Medicare expenses . This savings more than paid the monthly expense of $3 per participant. For 2006 maximum contribution for medical expenses were increased from $ 1 , 000 to $2 , 000 . NATIONWIDE RETIREMENT SOLUTIONS : The Town has offered the employees a pretax 457 retirement savings program for many years . This is a payroll deduction plan that has a minimum participation of $ 10 a pay check and a maximum of 25 % of gross wages . There is no cost to the town associated with offering this program . The Town has 73 % ( 50 out of 69 ) of the eligible employees participating in the program . We host employee meetings every year where the representatives can have a one on one appointment with the employees . NEW YORK STATE AND LOCAL RETIREMENT SYSTEM : The Town is part of the state retirement system . The Town is responsible for administering the monthly payroll deductions from the employees and reporting additional days of service earned each month . The Town pays an annual contribution to the system for each employee based on the employee ' s gross wages and the tier they are in . This billing is due each year by February 15th however if you pre pay in December of the previous year you receive a 0 . 9667 % discount . That percentage does not seem like much , but in 2006 that saved the Town $ 3 , 236 . The overall bill paid was $ 334 , 681 . WORKERS ' COMPENSATION : In 2007 there were seven ( 7 ) injuries reported to our workers' compensation company ( PERMA ) , and 9 record -able injuries on the PESH 900 log . The injuries resulted in a total of 4 lost workdays and 25 restricted or transitional duty days . The Town received an outstanding score from PERMA on our 2006 annual safety evaluation . The Town ' s experience rating is 0 . 81 , the lowest that it can go right now is . 78 . In June the work study student program with Cornell University required that the employer cover any workers compensation costs . This resulted in an increase in our premium of $ 169 . COMMERCIAL INSURANCE : I continued to work with Ithaca Agency to keep the Town ' s coverage levels at an appropriate level . There were 8 accidents reported to insurance by the Town in 2006 . 5 have been paid and closed by Selective . 1 was denied by Selective as the Town was not liable for the loss . 1 is still open and pending personal injury litigation . The other claim was turned into the other drivers ' insurance as our driver was not a fault . This claim has been paid and closed . Other claims still open : 2005 : 2 slip trip claims involving the post office entrance . 2003 : 1 automobile accident on Sand Bank Road , which involves 3 claimants . If you would like additional information regarding any of these claims , please contact me . 5 DIVERSITY : I have represented the Town on the Tompkins County Diversity Consortium . The consortium was developed a few years ago by the County to address diversity issues with employers in the county . Goals of the Consortium are to aid employers in the challenge of diversifying their staff, have a better representation of the community working in community employers , and create a resource list of vendors who actively pursue diverse applicants . An issue that was addressed at several meetings is the need to have a more diversified pool taking and passing civil service exams . Another " hot topic" discussed is the problem with retaining minorities and people of color in positions in rural central New York . The Consortium sponsored its first all day conference which focused on Diversity and the Community. WELLNESS/SAFETY AWARENESS : As one part under this big umbrella called Wellness the Town provided the employees with a Wellness Fair in November. At the fair the employees could have their blood pressure and glucose checked , and get their flu shot . Participants could also talk with representatives from Guardian Dental , Blue Cross Blue Shield , New York State and Local Retirement System , Nationwide Retirement Solutions and the voluntary Life and Short term disability providers . The Cayuga Medical Center was the provider of the flu shots and screenings . Fitness membership reimbursement is the second part of the wellness program . In 2006 , 7 employees received reimbursements for enrolling in some type of wellness fitness program . Wellness rooms are utilized at both facilities . Employees were given 2006 safety awareness calendars and received information sheets on wellness issues monthly . OTHERS Work continued on a regular basis on managing employee benefits such as New York State and Local Retirement , Short term disabilities , Deferred Compensation programs and aiding and assisting Town and SCLIWC staff. Coordinator for the picnic , year end luncheon and other events as requested . Coordinator for the cleaning services for Town Hall and crossing guards for Dewit , Northeast and Belle Sherman schools . This year my role with Commission was addressed by the Commission and the Town . For the Commission I am responsible for all Human Resource functions , administering the workers ' compensation and commercial insurance . Report Submitted By : Judith C . Drake , PHR , Human Resources Manager 6 Town of Ithaca Civil Service Position Listing Last Updated : 1 /1 /2007 vil Service History on # of sition Positions Position 1 Title Employee Name y Jun-95 1 Town Supervisor Catherine Valentino Feb-01 1 Deputy Town Supervisor Will Burbank 995, revised 4/05 1 Director of Engineering Daniel Walker Jun-95 1 Director of Planning Jonathan Kanter 6/1995 , Pb Wk Dept 4/05 1 Highway Superintendent Fred Noteboom Jun-95 1 Town Clerk Tee-Ann Hunter Feb-01 1 Receiver of Taxes Deborah Kelley Sep-97 1 Budget Officer Alfred Carvill Dec-96 1 Secretary to the Supervisor VACANT-Not expected to fill 6/1995 , revised 5/01 1 Assistant Director of Engineering Creig Hebdon 6/1995 , revised 5/02 1 Assistant Director of Planning Susan Ritter 10/1996 , revised 4/05 1 Deputy Highway Superintendent Eugene Redman 6/1995 , revised 4/05 1 Water & Sewer Maintenance Supervisor Wayne Sincebaugh 12/ 1997 , revised 4/05 1 Parks Maintenance Manager Rich Schoch 6/1995 , reclass/name 5/01 1 Human Resources Manager udy Drake Nov-05 1 Senior Code Enforcement Officer Kristie Rice Nov-97 1 Environmental Planner Michael Smith Dec-98 1 Civil Engineer Kristin Taylor Jun-04 1 Code Enforcement Officer Steve Williams 10/1996 = 1 2 Administrative Assistant Gail Kroll 12/1997- + 1 VACANT-Not expected to fill 6/95= 3 4 Working Supervisor Don Ten Kate 12/97= - 1 Rich Ten Kate 3/99= + 1 Jeff Hulbert 1 from pre 1995 VACANT-Not expected to fill May-01 1 Senior Engineering Technician Craig Ballard Nov-96 1 Bookkeeper to the Supervisor (exempt) Deborah Kelley Irn/typist,5= 1 ,6/96=- 1 , 99=reclsd Sr act clrk to 3/00 no typist 1 Principal Account Clerk Connie Clark Jun-95 1 Senior Account Clerk Typist VACANT-Not expected to fill 6/95= 1 ,5/96=+ 1 ,3/98=- 1 2 Planner Chris Balestra 1 from pre 1995 Esther Blodau-Konick 6/95= 1 reclass/name 5/01 1 Heavy Equipment Mechanic John Williams Jun-95 1 Engineering Technician I Joe Slater 6/98 , recls 8/02 1 Network/Records Specialist Lisa Carrier-Titti Feb-96 4 Heavy Equipment Operator Larry Salmi Ray Manning Jeff Scott Dean John She ardson May-01 1 Maintenance Worker Joe Hulbert 6/95 = 1 , 7/01 =+ 1 2 Court Clerk (Full Time) (Exempt) Betty Poole 12/04= reclass up Linda Fetherba 1 from pre 1995 1 Court Clerk (Full Time) (Competitive) VACANT-Not expected to fill AML EMP_LISTCiv Svc Positions Prepared by Judy Drake 1 /30/2007 Page 1 Town of Ithaca Civil Service Position Listing Last Updated : 1 /1 /2007 it Service History on # of sition Positions Position I Title Employee Name 5 =6 12 Motor Equipment Operator David Boyes 6 = +2 Eric Griffin Monty Mouillesseaux 4 from pre 1995 Donald (Mike) Beach Matt Lincoln Toby Brown VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 6/95=3 4 Senior Typist Dani Holford 2/96 = + 1 Sandra Polce VACANT-Not expected to fill VACANT-Not expected to fill Jun-95 1 Deputy Town Clerk (Expt) (Dpty Recr of Taxes) Carrie Whitmore Jun-95 1 Deputy Town Clerk (Exempt) Paulette Neilsen (pt 30 hrs) 3 from pre 1995 3 Deputy Town Clerk (Competitive Classification ) VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill Jun-95 2 Account Clerk / Typist VACANT-Not expected to fill VACANT-Not expected to fill Feb-96 1 Keyboard Specialist VACANT-Not expected to fill Dec-03 1 Recreation and Youth Coordinator Marnie Kirchgessner n5=5 1 Automotive Mechanic Assistant Bernie Morse 4 Typist (part time) (non-competitive) VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 1 1 Typist (full time) VACANT-Not expected to fill 6/1995 = 9 14 Laborer Henry Eighmey 5 from pre 1995 Stan Schrier Jonathan Munson Jamie Stevens Hank Yolman P/T student: Kathlene/vacant VACANT-Not expected to fill VACANT-Not expected to fill Seasonal - Seasonal - Seasonal - Seasonal - Seasonal - Seasonal - 6/95=3 5 Crossing Guard Sue Kula 2 from pre 1995 Sara Hymes Jeanette Murray Dan Griffin Linda Besemer (sub) EMP_LISTCiv Svc Positions Prepared by Judy Drake 1 /30/2007 Page 2 Town of Ithaca Civil Service Position Listing Last Updated : 1 /1 /2007 ill /0(6 Service History on # of ion Positions Position / Title Employee Name Sep-95 1 Planning Intern Tem -6mths-NonCom ) VACANT - Expected to fill May-03 5 Project Assistant (Temp 6 mths NonComp) VACANT - Expected to fill 05 + 10 (youth prgm) (grants , interns , project work) VACANT-Not expected to fill (-6) VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill Nov-06 15 Youth Project Assistant (non-comp) VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT - Expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill VACANT-Not expected to fill 1 from pre 1995 1 Junior Planner VACANT-Not expected to fill 1 from pre 1995 1 Zoning Officer art time) (non-comp) VACANT-Not expected to fill 1 from pre 1995 1 Dog Enumerator VACANT-Not expected to fill Jun-95 1 Historian part time Laura Johnson-Kell V95, bol 4106 1 Director of Building & Zoning N/A revised 7/01 , 1 /05 1 Assistant Director of Building and Zoning N/A 1 11 /99=recls to Prin rk Typ 0 Senior Account Clerk N/A 6/95= 1 , 10/96=- 1 0 Secretary N/A 3/99=+ 1 Abolished 3/99 0 Engineering Aide N/A 6/95= 1 abolished 7/00 0 ICleaner N/A VACANT positions must be budgeted and approved in order to be filled. All positions are Competitive Civil Service positions unless otherwise indicated in ( ) . All positions are full time positions unless otherwise indicated in ( ). EMP LISTCiv Svc Positions Prepared by Judy Drake 1 /30/2007 Page 3 TOWN OF ITHACA Public Works Department Annual Report Just as in 2005, the Public Works Department personnel got a lot of work done . This year is a little different in that more maintenance work was done due to a relatively light winter (October through December) . We only had to send out the salt trucks two times in two months . As can be seen by the following chart, we spent more money in 2005 than in 2006 on snow removal . Snow Removal 2005 =2006 $2009000 . 00 $ 100 , 000 . 00 All $0 . 00 Personnel Materials ® 2005 $ 159 , 066 . 6 $96 , 185 . 83 M 2006 $88 , 135 . 75 $419401 . 36 In 2006, we hired Jamie Stevens in April to put us back at full staff. In May, Tim Eighmey left the Town and accepted a job in North Carolina . In June we hired Henry (Hank) Yolman, again, to put us back to full staff. Welcome aboard ! We also welcomed a new baby, Demi, born to Billi and Monty Mouillesseaux. This year, again, the Town accepted another road—West Hill Drive—bringing the total miles of road the Town maintains to 49 .59 . The Town also made several purchases of equipment to help achieve our goals. We bought a medium duty dump truck, two 3/4 ton pickups, a sewer vacuum, a front-end loader and a bulldozer. We also had to purchase a new 10-wheeler dump truck due to an accident, which totaled one of the Town's 10-wheeler trucks. The Zoning Department acquired a new jeep in 2006 also due to an accident. Work accomplished in 2006 includes : Buildings: The Maintenance Worker and staff spent approximately 455 hours inspecting the sewer pump stations to keep them running efficiently. Much of the spring and summer was spent on building a comfort station at the Tutelo Park. Regular maintenance and inspections continued in 2006. The Safety Committee has been developing checklists for inspecting the Town's facilities. The Public Works Facility's checklist was completed, and the Maintenance Worker and Civil Engineer performed the inspection of the building using the checklist. After the inspection, a list of the things to be done was posted for the staff. This gave the staff at the Public Works Facility a good awareness of "housekeeping" duties and other repairs needed to the building. We are working on fixes to the building and will continue to use the checklist on a semi-annual basis . Annual training was conducted along with the three-year defensive driving course, first response, and group collaboration. Roads: Muriel Street and Christopher Lane were repaved this year as part of our capital projects. Drainage was also addressed on Christopher Lane, from Brandywine Drive to Siena Drive, during the paving project. Also, as part of our capital projects, Briarwood Drive was repaved using an application called cold mix and then a layer of surface treatment was applied. Other roads resurfaced using the cold mix include Max's Drive, Longview Road, and part of Calkins Road . Part of our regular preventive maintenance schedule included surface treating W. King Road, Drew Road, Max's Drive, Vera Circle, Townline Road, Pennsylvania Avenue, Kendall Avenue, and Northview Road West. An overlay of asphalt was applied to Renwick Place and Forest Home Drive by Beebe Lake. Another part of preventive maintenance is cleaning out and hydroseeding ditches. We worked on Whitetail Drive, Eastern Heights Drive, Tudor Road, Game Farm Road, Park Lane, Westhaven Road, Burns Road, Southwoods Drive, Eldridge Circle, and Old Gorge Road . As part of the Town's storm water management project, we installed a storm water drainage system on Ridgecrest Road . A few specific, but unscheduled, projects were replacing the road-crossing pipe on Woodgate Lane, which washed out . The stream banks on the lower end of Culver Road, where the road edge and shoulder were eroding, were also armored . A storm drain through an easement over a property on Northview Road was installed to alleviate flooding. We extended the guide rail on Sand Bank Road . Other work on roads included crosswalk painting or taping, striping nearly eleven miles of road, taking traffic counts on several road in response to complaints of speeding, stockpiling materials, trimming trees and brush, inventorying and labeling all the Town signs, and intermunicipal cooperation. Parks : Tutelo Park was worked on and is almost complete (the ball field still needs some work to open that in spring 2007) . The park was officially opened with a grand opening celebration in September, also celebrating the Tutelo Indians . We planted a tree at the entrance of the park for the Richard Fischer Award given to P .R.I . We continued to work on the William and Hannah Pew Trail section of the East Ithaca Recreation Way and put in a gazebo dedicated to Shirley Raffensburger . The dedication was held despite a pouring rainstorm. Four newly acquired preserves, totaling nearly fifty acres, were added to our inventory . Posting of boundaries and management plans were started for the parcels . Part of the preventive maintenance program for parks and trails included paving the Pine Tree Road Walkway and the hill section of the East Hill Recreation Way off Maple Avenue and resurfacing the South Hill Recreation Way using a skim coat of stone dust. Other projects included re-striping three basketball courts; plantings at Town Hall, Pew Trail, Tutelo Park, Eco-Village water tank, and East Shore Park; and trimming brush and limbs along the South Hill Recreation Way before the annual race sponsored by the Finger Lakes Runners club . A couple of larger projects not included in the preventive maintenance projects included alleviating flooding problems for several residents on Whitetail Drive by improving the drainage ditch along our trail right-of-way behind Saunders Road and renting a brushhog attachment for our Bobcat to cut back the edges of our trails . A memorial sign and boulder were installed in honor of Ed Conley at Conley Park in the City of Ithaca . Again this year, several community service efforts were accomplished including an Eagle Scout project at the Pew Trail parking lot and clean up at the Mitchell Family Cemetery (in conjunction with Cornell University's POST program) . The Summer Youth Corp crew performed many types of maintenance tasks at most of our sites . This was a great success and we hope to build on that success in the future years . Water: This year we had only 16 water main breaks (hopefully due to the new water lines going in and better maintenance) . This is down from 29 in 2005 . The Town staff replaced 4 fire hydrants. Other projects included working on repairing improperly functioning water valves, removing dead trees at Coy Glen Pump Station and Sapsucker Woods tank, compiling data and information on as-builts, and performing quarterly pressure reducing valve (PRV) checks and maintenance with Bolton Point crews . Inspections of water lines being put in continued at the Overlook subdivision project, the Trumansburg Water Tank, the Rite-aid project, the East Hill water tank, the Monastery project, Cayuga Medical Center's building project, and the Holly Creek project. Due to flooding complaints, we created a ditch on a section of the new transmission main off Stone Quarry Road . Sewer : There were 9 sewer blockages that needed attention this year . We acquired new survey and GPS equipment in 2006 . Training on this was also provided . Routine preventive maintenance included locating and inspecting sewer manholes and repairing those with groundwater infiltration, annual bluebird nesting box maintenance (we use the boxes to mark manhole locations), inspecting sewer installations at new development projects, weekly sewer pump station checks, testing of our portable emergency generators by hooking them up to our pump stations and running them under load, removing problem trees and brush around manholes and over sewer line easements, mowing of easements, and daily mark outs of our sewer lines for Dig Safely New York. For the entire year, we did 1072 mark outs . ghk � cn � cnW � -ocnO � cn � � w m D A M CD CD CD C 0 0 0 cn m m °g � 3 cD m n 3 3 CD D D CD CD CD °� n=i a a CD o ocno nC) U1C) cU1C) 3 3. o N � < CD � CD 0 0 0 0 0 0 0 0 0 5' < v, Water ■ Oo ) 0 0) 0 0 0 0 0 -06 0 o O Town Hall i\ � o o i\ � � o o � o o N Storm N N Water W N CO CO �I N A 00 �I N CA O NO \o \o \o \o \o \o \e \e \e \o \e O 0 0 0 0 0 0 0 0 0 0 0 o W Pubic n Works O 0 0 0 0 0 0 O0 0 0 0 0 o O General � � i` 0 0 o i` i\ i\ i\ o NWiPCnCT V 00000000 Repairs 0 0 0 0 0 0 8R 0 O N Water � v N OD O O N U) 0) W N CO O Sewer O � eo � � � � � � � � � �° O i � 0 0 0 0 0 0 0 0 0 0 0 o Cn Town Hall Perm. fD Storm Im v. N Water P o 0 0 0 0 0 0 0 0 0 0 0 0 % 0 0 0 0 0 % % 0 0 O) ► ! Public O Machinery M orks W >v C1Q eral �• Br & airs O i Weeds iy -0 U) OD -0 (n ) -0 U) - sl ewer O Cll Z 0) CD CD CD C O Snow 3 to `t CD Cp C 3 C 7 cD =3 N Z Perm. Removal O CD N 3 C11 CD CD Impv. x ►X UQ• O p) - C N �to N Water < Machinery Admin. N Br & ju 0 Weeds Sewer N Admire. rn 0 Snow 0 0 o o Oo 0 0 0 0 0 0 o N Removal 'X 8R8R8R8R8R � � 8R 8R � Parks Parks N O O � O N N N N N 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O Cif W �P W N '-I N O CO COJ) N N N N O N O 0 0 0 0 0 0 0 0 0 O sl N Lt—O O O O OOO � � WWO No CrI O O O Cn rP W N N _ O O O O W W O O N Cn O 0 0 0 0 0 0 0 0 0 0 0 CA 0 0 Network/ Record Specialist 2006 Year End Report / 2007 Goals 2006 year-end Report Website New additions to website : Request for Records via website interactive page City Town Shared Services Consolidation Meeting • Tutelo Park page 2007 Town Budget page • Town of Ithaca Welcome Wagon . Features links to community resources and Frequently Asked Questions section for new residents . • Local Law and Ordinance page was revamped to highlight recently passed Town Board legislation . • Added new top-level menu ( Boards and Committees ) to accommodate the growing number of pages on the site . Network Wireless HotSpots • With the installation of 3 Wireless Access Points (WAP) in the Town Board and conference rooms , the Town can now provide "guest" access to the Town's Internet connection for the users of the Town Hall conference rooms , while restricting access to the Town's internal resources . Upgraded Firewall Appliance • Upgraded firewall appliances at Town Hall and Public Works facilities have enhanced the network's security through the Check Point SmartDefense service ; a remote security monitoring service provided by Sherpa Technologies Inc . which gives us a proactive approach in which to deal with network security issues . • The new firewall will eventually be configured to allow authorized users remote access , via the Virtual Private Network (VPN ) , to 'the Town Hall and/or Public Works network services . ( i . e . : A Town Board member would be able to search for archived minutes or resolutions found on the Legislative Drive of the Town Hall file server from their home computer. ) IT Equipment replacement schedule • Eight client computers at Town Hall were replaced in 2006 . • A new computer was installed at the Judge' s bench to allow the Court Clerk real time access to data while court is in session . • Expanded Town Hall phone system with new hardware ; adding four new external phone lines . Two lines are currently in use by the Town Court Office . 2006 year-end/2007 Goals Report Town Hall clients' upgrade to Microsoft Office 2003 began in 2006 . Video taping and producing of Town Board Budget meetings with broadcast on PEGASYS and Google Video . General client/server software updates and hardware maintenance for Town Hall and Public Works networks and peripherals . Provided daily help desk support for Town Hall and Public Works staff. Additional Items Town Hall Half Day Closure for Electronic Records Management Day in November This half day closures provides Town Hall staff the opportunity to maintain compliance with NYS Archive guidelines , as well as offering improved customer service and greater efficiency in locating electronic documents . History Project • Provided technical support to Recreation and Youth Coordinator, Town Historians and Town Clerk with 2006 History Project . Records Management Advisor Board Committee • Working member of the RMAB Goals/Expectations for 2007 Finish Phase II of Wireless Access Point (WAP ) project — Allow authorized user's access to network services via WAP . • Finish Phase III of WAP- Remote access as described above . ( may need to have Human Resources recommend a policy regarding working from home) • Finish MS Office 2003 upgrades for Town Hall and Public Works • Revise Electronic Media Systems Use Policy and User agreement Finish revising Records Management Policy & Procedure Manual New storage device for Pictometry files ( 180GB database) Disengage I .T . support for Town Court as Office of Court Administration implements new policy. Redesign website i 2006 year-end/2007 Goals Report t 1yOFIp TOWN OF ITHACA a 215 N . Tio a 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 : Marnie Kirchgessner; Recreation and Youth Coordinator 2006 Annual Report to Board Background The Town of Ithaca has valuable and established relationships that provide developmental and recreational services to its residents ; for youth through programs recommended by the Joint Youth Commission and the Recreation Partnership ; for adults ( primarily self defined senior citizens) Lifelong . The Town , a doughnut around the City and contiguous to seven of the eight other townships in Tompkins County, contains residents who identify with the urban , suburban and rural lifestyles . In 2005 after development of a mission statement the Recreation and Human Service Committee conducted a survey of Town residents . The survey was a good faith effort, broad in scope, in which it was learned that more targeted goals to obtain specific planning/need assessment information were needed . Generally the Town 's investment in neighborhood parks and trails was supported and appreciated by respondents . One of the benefits of this endeavor was learning residents appreciated activities that were self-directed and could be utilized at one's own convenience . The broader Ithaca community has many recreational options . Interestingly the root of the word recreation means , "to restore to health" leading one to conclude it is essential for one's well- being . With the creation of the Recreation and human Service Committee ; the hiring of staff; conducting and analyzing a survey of residents the Town is moving forward . Recreation and Human Services Committee Activity On November 30 , 2005 Sandy Gittelman lead the committee on a discussion of the accomplishments and goals of the Committee for 2006 . The goals were established as : Move ahead with park map effort Continue growth of youth employment program Investigate Community Foundation ( initially Al and Cathy) as an option for donor support of recreation activity/ components • Consider appropriateness of possible corporate support of same • Explore additional options on how to fund including cooperative sponsorship that has been proven effective in other communities such as Scottsdale, Arizona • Possible review of fee structure and/or priority use of community park (Tutelo) • Plan for opening of Tutelo Park and utilization of celebrations grant • Outreach to bring more residents of all ages into building and educate them on the " process" of government and how to be effective in communicating with their municipal officers (Suggestions of classes , presentations such as the budget power point done for board , internet, and media articles . ) • Implement policy on adopt a park/road to build on neighborhood community structure • Appreciate fiscal and structural considerations on program expansions • Review Park, Recreation and Open Space Plan for implications on possible "forever" wild property acquisitions and naming process ( Preserves ) • Consideration of possible "Good Neighbor" Award effort The goals of the committee are supported by staff primarily the position of recreation and youth coordinator under the supervision of Town Supervisor Valentino . Progress on goals was formally assessed by committee in July, 2006 and then again in January 2005 when setting this years goals . Staff accomplishments for the year included : a) Recruited and supported youth for the highly successful public town history project and presentation in June 06 (co-authored grant and coordinated publicity; completed internal assessment) b) Lead planning team for extremely well received opening of Tutelo Park in September 06 . (Took responsibility for all coordination and support .related activities including material design , mailings , media releases and point of contact information ) c) Implemented and provided youth employment initiative program with information to 63 youths (to date this year) with 34 job placements . d ) Instituted an annual recognition program for youth at the September Board meeting with 14 certificates being issued to outstanding youths . e) Recruited sites appropriate for youth , monitored all youth and sites followed up on all required paperwork, and conducted ongoing evaluation and process of evaluation . f) Worked cooperatively with all youth employment systems in Tompkins County to offer and optimize these resources for Town Youth . g ) Supervised a summer team of volunteer youths who completed Town and community projects h ) Educated and acted as a resource for community youths to successfully apply for a County Youth Services mini-grant to complete a service project to aid flood victims in the Southern Tier . i ) Supervised two successful internships for recreation majors from Ithaca College j ) Created an orientation manual for students and volunteers to acquaint them with the activities of the Recreation and Human Service Division . k) Provided staff-support to the Town' s Recreation and Human Services Committee including but not limited to notice , agendas and notes of the meetings , as well follow up on requests for additional information required by committee members . 1 ) Supported development of sound public policy with research on variety of issues , most notably Adopt -A-Park/Trail . m )Worked with Public Works and Park Management to plan for community responses to increase demand as new trails , preserves , and parks ( most recently Tutelo) come on line . n) Authored board reports , memos , articles for newsletter, correspondence, grant . applications , recruitment materials and media release in a timely and thorough manner. o) Attended and participated at the Human Service Coalition Board , Recreation Coordinators , JYC , Recreation Partnership meetings ; as well as community training & networking opportunities p) Recruited and interviewed with the Parks Maintenance Manager and extended job offers to applicants for the Public Works operated job corps . q ) Completed contracts administration for JYC partners and contract agencies ; completed vouchers and monitored budget as appropriate . r) Coordinated with the Public Works Department and Parks Maintenance Manager for response to public inquires , grant applications and draft policy. s ) Implemented family game night at Longview (which was ameliorated into the traditional Friday afternoon tea . ) t) Located community space at Linderman Creek Apartment complex for further development of family programs to begin with Starlab on 12/29/06 u ) Researched possible program and financial opportunities for the Town , completed application process as appropriate including second successful Tourism Grant Application for interpretive sign information at Tutelo Park . v ) Served as a point of contact for community members and service organizations about the Town of Ithaca and its human service and recreation opportunities . w) Maintain bulletin board with information on programs available to community x) Responded in a timely way to inquires on a wide variety of questions providing information and making referrals as appropriate . y) In process of designing and instituting practice for the newly adopted Adopt -A-Park/Trail including educational materials , forms and evaluation formats for consideration and use by parks management. z) Coordinated an initial Starlab presentation at Linderman Creek Apartments establishing relationships for ongoing programs at that site . In January the Committee discussed goals for this year which will be reviewed at the committee's next meeting . A work plan for the position is being developed based on the goals . February 12 , 2007 Town Board Mtg . ATTACMn�I�T # 3g TOWN OF ITHACA COURT DAVID L. KLEIN , TOWN JUSTICE 215 N . TIOGA STREET ITHACA, NY 14850 janlla -y 23, 2007 RE: YEARLY REPORT TOWN OF ITHACA COURT DAVID L. KLEIN , TOWN JUSTICE Activity lor ,ltlsticc Klcin ' s part of the Town of Ithaca Court for 2006 is as hollows : Number of cases closed : 2233 Number of Cases opened : 2436 Arraiglunents for other Courts 17 Cl1al-ges T,ranslerred to T. C . County 13 Pending Cases - ( Includes Scolllaws) 2831 FINES AND FEES Cri111111 ] , Motor Vehicle $ 133 , 855 . 00 NYS Surchau-ges $ 72, 860 . 00 Civil Charges $ 2 , 978 .00 Baul Poundage $ 230 . 25 TOTAL REMIT'T'ED TO TOWN OF ITHACA $209,923 .25 Ball Received $ 119865 . 00 ADDITIONAL ACTIVITIES Arrest: warrants and Bcnch wau-rallk issued ; Search wau-rants issued ; orders Of 1l1-otcctio11s issued ; c011ditional discharges; probation in(iuirics and doctlIllclltat1011; fall tel-Ills ; bench tl-lals ; Jul')' tI la1S; 1110t1011 heal ingS; ICIOIly preliminary heal-ings 11c1d ; small claims trials ; summary proceedings alul wal-l-ants of evictions, all-aiglullents IOr oticr courts; certilicates Of dispositions; case rescal-ching; processing of scofflaws ; decisions written ; legal research , prc ti-N11 lleal-ings , annual budget processes , implementing on-line access tO various web sites , piepal-e writtetl decisions On individual cases . Respectfully submitted , David L. 11 Town Jus cc Agee 9 TOWN OF ITHACA COURT JAMES A. SALK, TOWN JUSTICE 215 N. TIOGA STREET ITHACA, NY 14850 January 4, 2007 RE: YEARLY REPORT TOWN OF ITHACA COURT JAMES A. SALK, TOWN JUSTICE Activity for Justice Salk' s part of the Town of Ithaca Court for 2006 is as follows : Number of cases closed : 965 Number of Cases opened : 1211 Arraignments for other Courts 12 Charges Transferred to T.C . County 6 Pending Cases — (Includes Scofflaws) 2367 Judge Wallenbeck ' s Scofflaws 262 FINES AND FEES Criminal , Motor Vehicle $ 56,908 .00 NYS Surcharges 29,840 .00 Civil Charges 1 ,367650 Bail Poundage 253 .50 TOTAL REMITTED TO TOWN OF ITHACA $ 889369.00 Bail Received $ 14,350 .00 Bail Forfeited $ 11 ,688 .00 ADDITIONAL ACTIVITIES Arrest warrants and Bench warrants issued ; search warrants issued ; orders of protections issued; conditional discharges ; probation inquiries and documentation; jail terms ; bench trials ; jury trials ; motion hearings ; felony preliminary hearings held ; small claims trials; summary proceedings and warrants of evictions ; arraignments for other courts; certificates of dispositions ; case researching; processing of scofflaws ; decisions written; legal research, pre trial hearings, annual budget processes, implementing on-line access to various web sites, dictation and transcription of hearings and preparing written decisions on all . Respectfully s2mitte, , es A. Salk, Town Justic February 12 , 2007 Town Board Mtg , ARDdaip 1 ATTACHMENT # 4 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : CODES AND ORDINANCES COMMITTEE / DATE : FEBRUARY 5 , 2007 RE $ RESULTS OF LAKEFRONT RESIDENTS SURVEY REGARDING SHORT TERM RENTALS IN LAKEFRONT RESIDENTIAL ZONE As Board members may recall, Thak Chaloemtiarana, residing at 881 Taughannock Boulevard, appeared before the Town Board at the July 24 , 2006 meeting to discuss his concerns about short-term rentals occurring at the neighboring dwelling at 881 - 1 /2 Taughannock Boulevard. As a result of that discussion, the Town Board asked the Codes and Ordinances Committee (COC) to review the zoning aspects of short-term rentals in the Lakefront Residential Zone , (LRZ) . The COC discussed this matter at a number of meetings, and decided to conduct a survey of lakeshore residents and property owners (a copy of the survey is attached for reference) to obtain the opinions of residents/owners regarding the rental status of properties in the LRZ, how important rentals are to owners of properties in the LRZ, whether there is a perceived difference in impacts from short-term vs . long-term rentals, what types of problems arise from rental properties, and whether residents have any suggested changes to address any problems identified in the survey . In total , 123 surveys were mailed at the end of October 2006 to residents on the east and west shores of Cayuga Lake, as well as to all listed property owners whose address was listed in an area other than along the Lake . Of the mailed surveys, 61 completed surveys were returned, which is just under a 50 percent return rate . A copy of a "Lakefront Residential Survey : Results Summary" (Dec . 11 , 2006) , prepared by Planning staff for COC discussion, is attached for the Board ' s information . The COC discussed the results of the survey at its January 17 , 2007 meeting, and decided to report the survey results to the Town Board for discussion. In summary, the COC ' s discussion was inclusive as to whether or how to pursue any changes in the LRZ regarding short-term rentals . Some Committee members felt that the survey results were inconclusive in terms of identifying any area-wide problems that need to be addressed through Code amendments . Other Committee members felt that the survey results indicated sufficient problems associated with short-term rentals to warrant some Code amendment restricting short-term rentals . As an example, the Committee did discuss the possibility of an amendment that would limit rentals in the LRZ to no more than one lease per month (i . e . , a maximum of one rental within any 30 day period — that would allow the landlord to rent their property for a day, a week, or a month, but for only one such lease period within a 30 day period) . A draft of this portion of the COC ' s discussion is attached for the Board ' s reference. The Committee is looking for direction from the Town Board on this matter at the February 12th meeting . Options could range from do nothing (keep the Code as it is without any further restrictions on short-term rentals), monitor the situation to see whether additional problems arise, or implement some Code revision to restrict short'-term rentals in the LRZ. Town Board members who are on COC , along with Planning staff and the Attorney for the Town, will be available at the February 12th Town Board meeting to assist in the discussion. Att. 2 December I I th 2006 Dear COC members ; Attached is a summary of results for the returned lakefront surveys . The Lakefront Survey is now also posted on the Town Website . You can find the link in the "Information" section of the Town homepage . Not posted on the website , but included in this packet, are lengthier comments made by survey respondents . Since some comments refer to specific and easily identifiable properties, and sometimes people, we decided not to post these on the website . Instead the website explains that a copy of these comments is available by request from the Town. If you have any questions, please e-mail me at eblodaukonickgtown. ithaca. ny. us on or before December 15th 2006 . Enjoy the holiday season ! -Esther Lakefront Residential Survey : Results Summary In response to the recent addition of the Lakefront Residential Zone, the Town of Ithaca asked lakeshore residents and property owners to complete a brief survey. The survey was intended to gauge resident' s opinions and concerns regarding length and nature of leases and rentals in the new Lakefront Residential Zone . In total, 123 surveys were mailed to residents on the East and West Shore of Cayuga Lake, in addition to all property owners regardless of the location of their permanent residence. Of the mailed surveys, 61 completed surveys were returned; that ' s just under half. Below is a summary and explanation of the survey results . 1 . Survey Response Rate Overall, a very high response rate of 50 percent. Table 1 : Response Rate Response Rate No, of percent Respondents Surveys received 61 50 % "Vacant" returned 19 15 % Not returned or received 43 35% Total mailed 123 100% 2 . Renter and Owner Characteristics Table 2 shows that over 90 percent of survey respondents are property owners, while only five respondents said they were renting a property on the lakefront. Table 2 : Proportion of Owners and Renters who Responded to Survey Owners : Renters No. of percent Respondents Property Owners 56 92% Renters 5 8 % Total 61 100% Table 3 shows that 75 percent of property owners permanently reside at their lakefront property, while the remaining 25 percent of property owners live in locations other than their lakefront property. Table 3 : Permanent Residence of Property Owners Permanent Residents of No. of percent Property Owners Respondents Live on Lakefront 42 75% Live Elsewhere 14 25% Total 56 100 % 1 3 . Lease Characteristics The following tables describe the type and length of leases, as reported by owners, and in some cases, as observed by neighbors. In response to Question 3 , "Have you, in the past 12 months, rented your house to others?" 30 percent of property owners reported that they had rented their property to others recently. Table 4: Renting of Properties Rental Status of No. of Percent Properties Respondents Rented to others 17 30% Did not rent to others 39 70% Total 56 100% To Question 4a, "Approximately how many leases were signed in the past twelve months by renters?" most of the owners who rented their property, answered that they did so primarily on an annual basis . Table 5 : Number of Leases Signed per Year No. of Leases signed No.. of Percent per year Respondents 1 12 71 % 2-5 5 29 % 6- 12 - - 13 or more - - Total 17 100% Table 6 , below, shows the nature and length of leases as reported by landlords and as reported by neighbors . Please note landlords often indicated that they rented their properties with a variety of "Lease Types. " For example, a landlord may rent his or her property on both a monthly basis and for graduation weekend . Despite the difference in the number of leases landlords and renters reported there to be; both neighbors and landlords indicated that approximately 50 percent of leases signed are annual . Neighbors indicate that there are a greater number of weekly and monthly leases then landlords convey . Table 6: Lease Types No. of Contracts No. of Contracts Lease Type as Reported by Percent as Reported by Percent Landlords/Owners Neighbors Daily 1 4% 3 5% Weekend 3 13 % 6 10% Weekly 1 4% 10 16% Monthly 2 9% 14 22 % Annual 11 48% 29 46 % Graduation 6 22 % 1 2 % Total Number of Leases 24 100% 63 100% 2 4. Importance of Renting as Income "Renting my home to others is an important source of income to me " Roughly one quarter of respondents reported that renting was a "very important" or an "important" source of income to them. Most of those who indicated income earned from rent was either a "very important" or "important" source of income, often tended to rent their property to others . Similarly, those who did not find renting an important source of income typically did not rent their property to others . Table 7 : Importance of Renting to Owners Importance of Renting to No. of Percent Owners Respondents Very Important 10 16% Important 7 11 % Somewhat Important 3 5% Not Important 29 48% No Answer 12 20% Total 61 100% 5. Reported Complaints and Problems Survey respondents had few complaints concerning noise, parking or damage to property. However, of those that did experience problems, noise was by far the most common problem, accounting for 50 percent of reported problems with parking being the second most common problem. Of those who indicated they experienced problems, Table 8 records the number of people who experienced problems based on frequency, while Table 9 shows the type of problems experienced by respondents . Table 8 : Frequency of Problems Frequency of Problems No. of Respondents Percent Never 36 59% Sometimes 18 30% Often 3 5% No Answer 4 7 % Total 61 100% Total with Problems 21 34% Table 9 : Nature of Problems Nature of Problems No. of Complaints* Percent Noise 18 50% Parking 12 31 % Damage to Property 4 11 % Other (theft, neglect of property) 2 6% Total 36 100% * Please note that some respondents reported more than one complaint. 3 Table 10 , below, shows what problems are associated with different lease lengths (daily, weekend, etc .) . While Question 10 "How often, if at all, have you experienced problems with neighboring tenants who occupy properties for short-term rental periods?" specifically asks about problems concerning short-term rentals ; it appears that many respondents referred to their experience with all rental lengths when answering this question. Table 10 : Correlation between Type and Frequency of Problems Problem Daily Weekend Week Month Annual Unspecified Total Noise 1 1 2 6 8 2 20 Parking - - - 4 4 3 11 Damage to Property - - - 1 2 1 4 Other - - - - 1 1 2 Total 1 (3%) 1 (3%) 2 (5% ) 11 (30%) 15 (40%) 7 ( 19%) 37 ( 100%) Table 11 correlates the frequency of problems reported (never, sometimes, often) with the type of rental (daily, weekend, week, etc .) . Table 11 : Correlation between Problem Frequency and Rental Type Frequency Daily Weekend Week Month Annual Unspecified Total Never 2 6 8 9 16 5 46 Sometimes 1 1 1 4 10 4 21 Often - - 1 2 - - 3 Total (sometimes 1 (4%) 1 (4%) 2 (8%) 6 (25%) 10 (42%) 4 ( 17%) 24 ( 100%) and often only) 6. Suggested Changes The survey asked respondents what type of changes, if any, they would like to see in the future . Below is a brief summary of the changes . Table 12 : Suggested Changes Suggested Changes No. of percent Respondents No Change 9 15% No Answer 29 48% Regularly Held Community 23 38% Meetings Total 61 100 % The following is a list of comments in response to Question 12 "Do you think the Lakefront Residential Zone could benefit from any of the following? Change in regulations regarding the nature and length of rentals . If so , please describe the nature of such changes . . . " 1 . Rentals should be annual only, thereby making the tenants part of our residential community and not merely transients . 4 2 . Longer term rentals would be beneficial , I think, as it may reduce the frequency of loud parties and increase respect for the "neighborhood. " 3 . Long term rentals only. 4 . Not allow daily or weekly rentals to large groups . Limit rental to longer term family or two unrelated parties . Long term defined as 6- 12 months . 5 . Limit occupancy and guests of tenants to match available parking, sewage/septic and square footage of property; collaboration with the new reformed West Shore Homeowners Association. 6 . Noise Ordinance . 7 . Allow only annual renters . 8 . Enforcement of zoning regulations regarding property maintenance and garbage on properties . 9 . As problems arise. 10 . Rentals should be long term (annual) especially in areas where lots are small (less than 100' wide) . 11 . Should pay Tompkins County room tax. 12 . If you mean more strict, then no . 13 . No short term rentals ; no student rentals . 14 . Annual or seasonal rentals = okay ; weekly rentals and under = no more than five per year. 7. Additional Comments Follows is a list of comments made by survey respondents . 1 . I am very disturbed that waterfront hunting is permitted in a residential area with gunfire within 100 feet of homes . Generally my neighbors are very quite and respectful . 2 . West Shore Home Owners Association has become active again with many concerns about the life of the lake . 3 . Prohibit renting out of lake access to the public . Example : for a fee, I could rent out my 200' frontage to all the tenants of a particular apartment complex or buyers of a particular subdivision. It is of utmost importance that " lake access for rent " schemes be prohibited, whatever the guise (example : " I'm just inviting some friends over to use my lake access " but for a fee, directly or indirectly paid. ) 5 4 . Non-motorized boating . 5 . While we live in our house year round and only rent on CU graduation for some extra money, I think the right to rent is important. If for some reason we should have difficultly selling the house, rentals for an extended period would be necessary and desirable . It would be a significant loss to sell (or sell cheap) because we could not occupy the house from some period. Much worse than the issue raised by renting. Renting is probably not the real issue. I suspect it is noise. Noise should be dealt with via a noise ordinance . If the issue is crowding, perhaps there should be a limitation on how many people could be rented to (say two per bedroom) . This would be difficult to enforce . 6 . I have no problem here with renters in this neighborhood. 7 . Improved services, i . e. snow plowing and lighting on lakeside road off East Shore Drive. 8 . What is the goal of this questionnaire? You should have more important things to do than tell people how to use their property. You will never make everyone happy. Please don't tell me when I can get up or leave my house or enjoy my property. A few rules are fine . Too many are not. 9 . The town should enforce the one family (two unrelated persons) rule . Weekly renters break this law by having one family "rent " and bring many others to stay over for the entire duration of the rent. These families then share the cost of the rent. Landlords are not subject to rental/hotel taxes and most get paid in cash. 10 . What little interaction I have had the renters in adjacent properties have been largely positive and we usually work out the problems . 11 . If a property physically qualifies for a rental, then it is no one else ' s business unless tenants are noisy or destructive. The current " managers " of the Ithaca area are becoming entirely too controlling . Lakefront taxes are too high and some people need to rent to keep their homes . We are very worried about our retirement and will probably have to give up our home which we worked so hard for. 12 . I often wonder why properties with two dwellings, one of which is a rental property, have lower assessment than single family properties. It would seem to me that if the property can generate income it ought to be taxed at higher rates. 13 . On the southern end of RT 89 (west side of lake) the parking on the highway during winter is very dangerous . Most of the parking is seasonal (fall-spring), so most of it is probably rentals for the college term. But when the cars are parked bumper to bumper in a line for 3/4 of a mile, there effectively is no shoulder. What the solution will be is difficult, because most of the cottages in that area have little or no available space for off-road parking. Still, it does present a safety problem. 6 r i Likewise the NYC garbage trucks which rumble up and down RTE 89 at speeds in excess of 55 mph should be monitored and ticketed by authorities . Better yet, they should be re-routed to 96- a road wide enough with ample shoulders . 14 . Boats on Lake . 15 . Someone bought a piece of land on East Shore (lakeside) that had an old shack on it. When they knocked down the shack they also deposited large amounts of very large rocks into the lake to (I assume) extend their property. I believe this is illegal . They did not have a variance to do this and I can't believe they have been allowed to get away with it. The property has no dwelling on it- but it does have some sort of "municipal water" access on it - if that helps to identity the property. They should be made remove the several thousand pounds of rocks they dumped in the lake ! 16 . I don't see a serious problem . 17 . Parking spots on co-shared driveways/parking areas should be limited to renters only (exclude frequent visiting students) . 18 . Renters who are respectful of the environment and their neighbors are not a problem and even owners can be irresponsible and bad stewards of their property . I don't see this only in terms of renters ; more in terms of a need for enforced zoning. When our neighbors were not respectful to their property as owners why would their tenants be? 19 . 1 assume anyone can rent. How and length of time should be left to the owner. 20 . Would like to see the speed limit from the Cornell marina to the welcome center reduced. 21 . Renting as a source of income may become more important in the future . 22 . Living on the lake is nice but expensive . Owners say they have high taxes . There are too many " laws " like this law against jet skis - jet skis are not noise today . 23 . Although we do not want to rent our property, we may be forced to in order to pay the taxes . Right now we are managing, but we are retried and on fixed income and unless taxes are capped we will be forced out if we don't rent at least part time . 24 . We are constantly annoyed by tenants that rent by the week. They think that because they are on vacation that is okay to party and carry on all week long . We have to work in the summer and we pay a huge amount in taxes . We do not think that it is appropriate to rent by the week any longer in this neighborhood. 25 . There should not be limitations on rental property. Taxes are excessive and it ' s the only way many lake owners can meet their tax liability. I believe that this whole survey is being driven by one owner and that owner has issues with his neighbor. They need to work out their differences together, not involve everyone in the Town . 7 OF 12" TOWN OF ITHACA ° 99 215 N. Tioga Street, Ithaca, N.Y. 14850 �8 z� 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 Lakefront Residential Survey As a follow-up to the recent establishment of the Lakefront Residential Zone, the Town of Ithaca is seeking the opinion of residents about rentals and leases in the Lakefront Residential Zone . In order to do this, the Town is conducting a brief survey regarding types and lengths of rentals and leases in the zone . If you would like to read the current Lakefront Residential Zone regulations, you can find them at www.town . ithaca . ny . us . Alternatively you may obtain a copy at the Town Hall at 215 North Tioga Street, Ithaca, New York . Please be assured that your survey response is anonymous . Once you have completed the survey please return it to the Town of Ithaca in the provided stamped addressed envelope by Monday November 13 `h 2006 . If you wish to view a summary of the survey results, you may obtain them in person at the Town Hall , contact Esther Blodau- Konick by telephone at 607-273 - 1747, or alternatively you may access the summary results on- line at www.town . ithaca. ny . us on or after December 1 . 1 . Are you a renter or owner at this residence? Renter ❑ Owner ❑ If you are a renter, please skip to 46 . If you are the property owner of this address please continue here . 2 . Do you currently reside in your house on the shore of Cayuga Lake? Yes ❑ No ❑ 3 . Have you, in the past 12 months, rented your house to others? Yes ❑ No ❑ 1 4. If "Yes" please answer the following : a. Approximately how many leases were signed in the past 12 months by renters? 1 ❑ 2-5 ❑ 6- 12 ❑ 13 or more ❑ , approximately how many? b. Check all that apply: Do you rent to tenants on a daily ❑ , weekend ❑ , weekly ❑ , monthly ❑ , or annual ❑ basis? c. Have you rented your house to students and/or their families specifically on Cornell and/or Ithaca College graduation weekends? Yes ❑ No ❑ d. Other types of rental agreements not mentioned above : 5. As an owner, please rate the following statement : "Renting my home to others is an important source of income to me" Very important ❑ Important ❑ Somewhat important ❑ Not important ❑ If you are an owner and not a renter at this address, please skip to # 8 . 6. How long have you been renting at this location ? 7. What is the length of your lease? 2 8. To the best of your knowledge, do any of your neighbors rent their homes to tenants? Yes ❑ No ❑ 90 If "Yes," are these, to the best of your knowledge, daily ❑ , weekend ❑ , weekly ❑ , monthly ❑ , or annual ❑ rentals? 10. How often , if at all , have you experienced problems with neighboring tenants who occupy properties for short-term rental periods? Never ❑ Sometimes ❑ Often ❑ 11 . If " Sometimes" or "Often ," what was the nature of the problems you experienced? Check all that apply : Noise ❑ Parking ❑ Damage to property ❑ , if so, please describe the nature of the damage : Other: 12 . Do you think the Lakefront Residential Zone could benefit from any of the following? Check all that apply : Change in regulations regarding the nature and length of rentals ❑ If so, please describe the nature of such changes: Regularly held community meetings addressing resident concerns ❑ No change ❑ Other: 3 13. Please make any comments you feel are relevant: Thank you for completing this survey . Again, please return the survey in the provided stamped addressed envelope to the Town of Ithaca by Monday November 13 'h, 2006 . 4 Excerpt of Draft Minutes re- Discussion of Lakefront Survey CODES AND ORDINANCES COMMITTEE MEETING MINUTES JANUARY 17, 2007 PRESENT : Herb Engman, Pat Leary, Kirk Sigel , Diane Conneman, Eva Hoffmann . OTHERS : Jonathan Kanter, Director of Planning; Susan Brock, Attorney for the Town ; Chris Balestra, Planner. Chair Herb Engman called the meeting to order at 7 : 30 p .m . Agenda Item No. 4 — Discussion Regarding Results of Lakefront Survey : Herb referred to the "Lakefront Residential Survey : Results Summary" (Dec . 11 , 2006) and asked if Committee members had any reactions to the survey results . Herb indicated that his own observation is that there is nothing clear enough in the survey results to warrant any further action and that he could not see any solution that would make everyone happy :: '`kirk indicated that he is leaning that way, too . Diane mentioned one thing that she is concemn ,.O:a�tibut — that is the hunting of waterfowl on the lake . Diane wondered whether such hunting neae-,'4he shoe tine is legal . Herb responded that he thinks it is legal as long as it is done off shore, ;4-.1 tha, . the N'-'S Department of Environmental Conservation (DEC) regulates hunting. Diane said tl `at. :.sh- `would follow up with DEC . Pat referred to the survey results regarding rentt g 0' :t xx►ehtioned that item #4 on the survey results summary indicates that 17 out of the 61 re§sp,pndd. 4ihought that renting was an "important" or "very important" source of income to them;:<': '"Pat:;; add d, that the specific comments at the end of the summary included a number of corn tints ;;-%hp i;% k. Ore should be long-term rentals only or to allow only annual leases . Kirk thought that ari':'ssy way to limit the number of short-term leases would be to limit the number of leases fq�' any `ppe ,. to no more than one rental per month, and that such as approach would allow income .-f the 6%, ner, while not having many short-term rentals over a year. Chris wondered about graduatiffil.iimeeWhd rentals . Jonathan asked the Committee whether such a restriction would be just in the LakiY `ront Residential Zone (LRZ) or in all zones in the Town . Pat responded that a restriction could start with the LRZ and see how that goes . Herb indicated the possibility of limiting the occupancy of tenants and guests to the total number of parking spaces available on the property, based on one comment in the survey results . Chris added that most properties along the lakeshore do not currently have enough on-site parking . Kirk thought that maybe the Committee could consider lease restrictions in all zones. Susan indicated that owners may not understand what "one rental per month" means, and that it might be difficult to enforce . Herb reiterated that it does not appear that there is any solution that stands out from the survey. Pat suggested that a restriction on short-term rentals would not have to apply town-wide, and that the potential need is in the LRZ. Herb mentioned that the frequency of problems section of the survey summary (#5 ) did not indicate any significant problems raised by respondents . Pat said that the issue of short-term rentals in the LRZ is really about whether a commercial use should be allowed in the residential zone . Jonathan indicated that "noise" was the most often reported problem , and that the recently amended noise law would address noise issues created by neighbors . After further discussion regarding the issue of commercial use in a residential zone, Kirk mentioned that rentals in the LRZ are most common during the summer season . Diane indicated that Table 10 in #5 of the survey summary shows that the issue of "noise" appears to be spread out for weekly, monthly and annual rentals, so that limiting short-term rentals may not address the issue of noise . Kirk mentioned that some communities that do restrict short-term rentals do so because of traffic impacts that result. Pat added that the benefit of restricting short-term rentals would be to address issues such as traffic , insufficient parking, and high turnover of transient renters . Eva indicated that there is a difference between families that rent a dwelling vs . short-term vacation renters . Pat suggested using a formula in which there would be a maximum number of rentals in any year, allowing the owner to spread those rentals throughout the year, with the intent of avoiding a new group of tenants every week. Chris asked whether there is case law regarding the restriction of short- term rentals . Kirk indicated that he knows of two communities in Florida that have this kind of restriction . Herb mentioned that Table 5 in # 3 of the survey summary shows that only five respondents said that they lease their property 2 —5 times per year (29%), while the majority of respondents said that they only sign one lease per year (71 %), so that this issue does not appear to be a significant problem . Herb added that he is reluctant to pass. a regulation based on inconclusive survey results . Pat countered that she believes that some typ'.0of regulation of short-term rentals . is needed . Jonathan suggested that the Committee report its 0INd,,Nsion and the results of the survey to the TowWBoard . Herb agreed and suggested that the C.Q. , mittee`•�a xeport include the finding that the Committee ' s discussion was inconclusive , and that.-:4-he T..Qwn Bd rd be requested to provide the Committee with further direction . Kirk also asked ;:thOt' the report indicate that the Committee discussed the possibility of limiting the maxim= num :::'::::t.:;;..Of leases per month . Susan said that such a restriction could be worded to say that there ` k aVf>bq.-;.—a iWhximum of one rental within any 30 day period . The Committee agreed to report.. e aU Vy '•' c Is&ssion and the survey results to the Town Board and ask for the Board ' s direction;;pTi tfi).$ mat,er. Qraff. epared by Jonathan Kanter, Director of Planning 1{ ibruary 5 , 2007 2 February 12 , 2007 Town Board Mtg . ATTACHMENT # 5 TOWN OF ITHACA ADVERTISEMENT FOR BIDS PLEASE TAKE NOTICE that sealed bids for a New Medium Duty Dump Truck will be received by the Town Board of the Town of Ithaca at the Town Offices, 215 North Tioga Street, Ithaca, New York, no later than 12: 55 p . m. on March 2, 2007. Such bids shall be on forms supplied by the Town of Ithaca . The specifications for the bid may be examined and obtained at the Office of the Town Clerk at the Town Offices as above . Bids are to be mailed or given to the Town Clerk in a sealed envelope plainly marked f "Sealed Bids for a New Medium Duty Dump Truck " at 215 North Tioga. Street, Ithaca, New York 14850. Bids will be opened publicly and read at 1 :00 p . m., March 2, 2007, at the Town Clerk Office at the afore-mentioned address . The Town Board reserves the right to reject any and all bids and to waive any informality in any bids . Non-collusion certificates must accompany all bids . ?e-Ann Hunter awn Clerk BID FORM - The Town of Ithaca is accepting bids for a New Medium Duty Dump Truck, BID FORM New Medium Duty Dump Truck $ Please specify make and model of New Medium Duty Dump Truck. WARRANTY $ Please specify type of warranty : NOTE : The Town of Ithaca reserves the right to reject any or all bids, or to accept the low bid that meets all specifications and requirements stipulated in the bid invitation. Company Name : Company Representative : Company Address : Signature: Title : Date : MINIMUM SPECIFICATIONS FOR A NEW MEDIUM DUTY DUMP TRUCK The purpose of this specification is to describe a New Medium Duty Dump Truck to be used by the Town of Ithaca . All parts not specifically mentioned which are required for a complete unit shall conform in design, strength, and quality of material and workmanship to the highest standards . Bidders must indicate whether each specification is met. All specifications not met must be explained in detail on an attached sheet to the proposal . Bidders must submit with their bid the latest printed specification sheet and advertising literature on the unit they propose to furnish. A non-collusion statement must be attached to each proposal . The quality of the articles to be supplied and their conformity with the specifications shall be taken into consideration. The award will be made in the best interest of the Town of Ithaca to the lowest responsible bidder . The Town of Ithaca reserves the right to accept or reject any or all bids . The conformity with specifications, delivery terms and guarantee clauses shall be taken into consideration. GENERAL Yes No Bidder is authorized dealer of unit offered. The unit shall be in current production and the manufacture' s printed literature shall be submitted with the bid . Dealer must be able to furnish parts and service . Warms The vendor agrees to replace, free of charge, any part that may break or fail by reason of defective material or workmanship for the length of the manufacturer' s warranty. Training: A factory representative shall be available at time of delivery to give service and operating instructions to operator' s and mechanic . Manuals : Two each of parts, service, and operator' s manuals shall be included at time of delivery . Is unit USA built? If not, state where manufactured . The unit shall be serviced and checked in accordance with the manufacturer' s recommendations prior to delivery . The successful bidder shall provide a minimum of one hour instruction for the maintenance and operation at time of delivery . State delivery time . State location of nearest parts and service center. inimum Specifications for a New Medium Duty Dump Truck Page 2 RUCK Truck engine shall be a minimum of 7. 2 L, 300 HP @ 2,200 PRM, Governed @ 2,400 RPM . Transmission shall be a minimum 6-speed automatic Allison, RDS Series On-off with PTO for hydraulics . The rear axle ratio shall be a minimum 5 .57. Brakes shall be air brakes . The wheelbase shall be a minimum 158" / 84" CA/ 49" AF/ and 246" OAL . Frame shall be a minimum single channel, straight " C" 14. 18sm, and 120,000 PSI . The front axle shall be a minimum 12,000 pound capacity, I-beam type . The front suspension shall be a minimum 12,00 pound capacity, Parabolic taper-leaf springs and includes shock absorbers . The front auxiliary springs shall be rubber. The rear axle shall be a minimum 21 ,000 pound and shall be single speed . The rear suspension shall be a minimum 23,500 pound capacity, multi- leaf spring, including a 4,500 pound auxiliary rubber spring. The truck shall be equipped with fender mounted front and rear turn signal lamps . The alternator shall be a minimum 130 amp, 12-volt brush type and, pad mounted . The truck shall be equipped with a jump start stud with remote mounted on battery box . The truck shall be equipped with a minimum two, 50-gallon, steel fuel tanks . The truck shall be equipped with a cloth, air ride drivers seat. Seat shall include a headrest, folding/ reclining back, arm rest, and full air suspension. Second passenger seat shall be 70 % bench that is cloth and allows folding back. The cab of the truck shall include the following: molded cloth headliner, coat hooks, sun visors, soft formed arm rest, manual Air Conditioning, AM/ FM Radio, front tow hooks, and front bumper. Truck shall be equipped with a single trumpet air horn, air solenoid operated and chasses mounted . Truck shall be equipped with dual stainless steel mirrors, with heated and lighted heads . Auxiliary convex stainless steel mirrors shall be mounted below primary mirror. Truck shall be equipped with mud flap holders with red and white reflective tape. The front wheels shall be a minimum 22. 5x8 . 25 with polished aluminum disc . , 10-hole, and steel hubs . The tire size shall be a minimum 11R22. 5G . Minimum Specifications for a New Medium Duty Dump Truck Page 3 The rear wheels shall be a minimum 22. 5x8 .25 with polished aluminum disc ., 10-hole, and steel hubs. _ The tire size shall be a minimum 11R22 . 5G . The exterior of the vehicle shall be red . DUMP BODY The dump body shall have a minimum: 8 gauge steel sides with fully boxed dirt shedding top rails . 30" high sides with a 40" tailgate height. Three vertical boxed braces per side . 8 gauge steel floor . 8 gauge fully boxed perimeter tailgate with 10 degree slope. 4" structural steel cross members in 12" centers. Signal lights incorporated into rear corner post. 96" outside width. 10' outside length. Installed and painted to match cab. Direct mount hoist, PTO for Allison automatic . Underbody 2-step ladder, 12" wide with grab handles . Three coal chutes in tailgate . 48" aluminum underbody toolbox . Back up alarm Electric tarp system. Wind deflectors 25-ton pintle hook. The box shall be red . BID BOND KNOW ALL MEN BY THESE PRESENTS, that having an office at (hereinafter called the "Principal " ) and the a corporation created and existing under the laws of the State of , having its principal office at (hereinafter called the "Surety " ) are held and firmly bound unto the (hereinafter called the "Owner ") in the full and just sum (of five (5) percent of the total bid price) of Dollars ($ ) good and lawful money of the United States of America, for the payment of which said sum of money, well and truly to be made and done, the Principal binds himself ( its, themselves), his (its, their) heirs, executors, administrators, successors and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents . WHEREAS, the Principal has submitted to the Owner a proposal for which proposal is incorporated herein by reference and made a part hereof as fully and to the same extent as if set forth at length herein; NOW, THEREFORE, the condition of this obligation is such that if the Owner shall accept the proposal of the Principal and if the Principal shall enter into a contract with the Owner in accordance with the terms of such proposal and give such bond and bonds as may be specified in the bidding or contract documents, then this obligation shall be null and void, otherwise to remain in full force and effect. NON-COLLUSIVE CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor, and; 3 . No attempt has been made, or will be made, by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Name Title Name of Corporation February 12 , 2007 Town Board Mtg . ATTACAHffMeflEoNoT ,,# 3 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD MEMBERS FROM : JON KANTER, DIRECTOR OF PLANNING DATE . FEBRUARY 5 , 2007 RE : DISCUSSION OF "WEST HILL TRAIL SYSTEM" The February 12`h Town Board meeting agenda includes a discussion of the "West Hill Trail System" . This is actually a carryover of an item that was postponed from the Year- end Town Board meeting on December 29 , 2006 . Materials were included in the Year- end meeting packet that provided some background on the approvals for the Conifer development on West Hill , including : TB Resolution No . 2006-024 (rezoning part of Conifer property from MDR to MR in conjunction with the Conifer Village Senior Apartments) , Local Law No . 2 for the Year 2006 (Conifer Village rezoning) , excerpt from February 21 , 2006 Planning Board meeting minutes (regarding discussion of bicycle and pedestrian path in conjunction with Conifer development), and PB Resolution No . 2006-024 (Final Site Plan Approval for Conifer Village Senior Apartments) . The above materials were distributed in the Year-end meeting packets as background for a discussion regarding the West Hill trail system and a possible short-term, interim connection from the Conifer lands to the West Hill Town Park. Please bring your copies of the above-referenced materials to the February 12 `h meeting in regard to the discussion of this matter (or let us know if you need additional copies of those materials). We will also have a map of the West Hill area showing the planned road and trail system through the Conifer and Perry properties between Mecklenburg and Bundy Roads . Please let us know if you have any questions on this matter. February 12 , 2007 Town Board Mtg . ATTACHMENT # 7 ❑ ❑ 111111 ❑ Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Local Law — Amending Chapter 270, Titled "Zoning," of the Town of Ithaca Town Board Town of Ithaca Code Regarding Home Occupations 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) Townwide Tax Parcel Number : N/A 4 . Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION ? X (Amendment of Town Code) 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) : Enactment of a. local law amending Chapter 270, titled "Zoning," of the Town of Ithaca Code regarding home occupations. The proposed local law would amend certain sections of the Zoning Chapter to include the following: allow qualifying home occupations by right in all residential zones without the need for special approval by the Zoning Board of Appeals; delete the requirement that a home occupation can only be operated by an owner of the property, thereby also allowing renters who reside on the property to conduct a qualifying home occupation; revise the definition section of the Zoning Code by removing the home occupation criteria and moving those criteria to the Special Regulations Article (XXVI) ; in the criteria, delete the limit of number of people working off-site who are employed by the operator of the home occupation; and other clarifications and modifications. (See attached description for re detail.) (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected : N/A (Townwide) itiall (0-5 rs) Acres (6- 10 rs) (> 10 rs) Acres How is land zoned presently? N/A (Townwide) I 8 . Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12 . Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino Supervisor, Town of Ithaca Signature and Date: �-� VDoes - ENVIRONMENTAL ASSESSMENT (To be completed b the Town ; Use attachments as necessary) roposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? NO X If yes, coordinate the review process and use the full EAF. roposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO _X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached. C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: See attached. C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, . wetlands, or threatened or endangered species? Explain briefly : None anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly : None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly, None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None anticipated. D . Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NOX If yes, explain briefly : See Attached, E. Comments of staff _X CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i .e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. -X-Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board _ Name of Lead Agency Prepare s Signature(If different from Responsible Officer) Catherine Valentino, Supervisor me & title` of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE : February 12 , 2007 nature of Responsible Officer in Lead Agency State Environmental Quality Review Part I - Project Information Action(s) : Local Law Amending Chapter 270, Titled "Zoning," of the Town of Ithaca Code Regarding Home Occupations Location : Town-wide, Town of Ithaca, N . Y . Lead Agency : Town of Ithaca Town Board Classification of Action(s) : Unlisted 51 Describe Project Briefly : The local law would amend the Zoning Chapter of the Town Code regarding home occupations . As a result of a recent case at the Zoning Board of Appeals (ZBA) , several questions and issues were identified and addressed by the Town of Ithaca Codes and Ordinances Committee relating to the current regulations for home occupations . Home occupations are currently allowed in residential zones as accessory uses authorized by special approval by the Zoning Board of Appeals (e. g. , Section 270-69 . 13 in the MDR Zone) . The definition of "home occupation" is listed in the definitions section of the Zoning Code (Section 270-5 ) , which includes nine criteria that must be met in order to qualify as a home occupation. Prior to the effective date of the revised Zoning (April 1 , 2004), home occupations were allowed by right as accessory uses in residential zones . Several issues regarding the current process and definition for home occupations that were discussed include the following : ( 1 ) The current definition and criteria for a home occupation require that the owner and chief operating officer of the business is an owner and full-time resident of the property on which the business is located . This does not allow renters of properties to conduct home businesses in the residences in which they live. This requirement does not seem to be consistent with the current way in which people conduct their businesses nor with the growth in home-based businesses that is becoming the norm in today' s society. (2) The criteria for home occupations are listed in the definition section. This means that any proposed home occupation that does not meet any of the listed criteria most likely would be considered a use not permitted in the Code, thereby requiring the granting of a use variance by the ZBA, which places a very difficult burden of proof on the applicant. It is better zoning practice to include special permit/approval criteria in a special regulations section rather than as part of the definition. The following key components are proposed in the draft local law modifying the current zoning provisions regarding home occupations : ( 1 ) Change the definition and criteria for home occupations to also allow a renter who is residing full-time in the residential unit to conduct a qualifying home business . This would expand opportunities for home occupations beyond the current requirement that the person conducting the business has to be an owner of and reside in the unit. (2) Restructure the home occupation regulations by removing the criteria from the definitions section of the Code and placing the criteria for home occupations in the "special regulations" section . (3 ) Allow all home occupations by right as long as they meet the criteria listed in the Zoning Code, limiting the impacts on residential neighborhoods by limiting the number of employees allowed, the floor area of the residence permitted, the number of parking spaces allowed, etc. The current criteria have worked well . The above is a short summary of the proposed Local Law . Refer to the Public Hearing Draft of the Local Law for the entire text . PART II - Environmental Assessment (Attachment) — Local Law Amending Chapter 270, Titled "Zoning," of the Town of Ithaca Code Regarding Home Occupations. A . Action is Unlisted B . Action will not receive coordinated review C . Could action result in any adverse effects on, to or arising from the following_ Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal , potential for erosion, drainage or flooding problems? None anticipated . A recent issue of Zoning Practice, entitled "Practice Home Occupations" ( September 2006), published by the American Planning Association indicates that zoning to encourage home occupations should be encouraged . . . "as a positive step towards reducing daily commuter traffic, energy consumption, and air pollution . " The article also indicates that home occupations should be encouraged because they save on child care costs, provide opportunities for people who might otherwise be unable to work outside the home (including single parents, the elderly and the disabled) , and create activity in residential neighborhoods that might otherwise be deserted during the day. The criteria for home occupations listed in the Zoning Code includes a requirement that the home business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and that any need for parking generated by the use shall be met off the street. C2 . Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. The proposed zoning amendments are intended to provide flexibility and to encourage opportunities for qualifying home occupations that are "clearly incidental and secondary to the use of the property for residential purposes. . .". The criteria for home occupations include requirements to protect the character of residential neighborhoods, such as restrictions on noise, vibration and other disturbance, traffic, signs, maximum size of home occupation, number of employees on site, and prohibition on sale of goods on the premises except those that are created, assembled or reconditioned completely on the property. An additional criterion is that the home business shall not be detrimental to the residential character of the surrounding neighborhood. These restrictions will help to ensure that home businesses have minimal impacts on the community. February 12 , 2007 Town Board Mtg . ATTACHMENT # 8 Local Law Filing NEW YORK STATE DEPARTMENT OFSTATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to fuse a local lam✓ with the Secretc!ry of State.) ritalics should be given as amended. Do not include matter being eliminated and do not use nderlining to indicate new matter, xcgma y XCHF ITHACA Townof - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -map Local Law No_ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - of the year 2Ql_ _0.7 A local laws _ AMEND I11Cz _ _CHAPT.E.R _ 2.7.0 , _ _ TITLED_ _ __"_ ZONING ., '_ '_ _ _QE _ _THE _ T.0.W I_ -QE _ _ LTHACA '0 rt ride) _CODE - _REGARDING _ HOME _ OCMl?A.TIOI i,. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ . . .. . .. . .. .. . . . . - - - .. . . . . . . . . . . . . . . - . . . . . . .. . . . . . . . - - - - - - - - - -- - - - - - - - . . . . . . . . ... . . . . .. - . .. . . . . . .- -- - - - - - - - . . . . . . - .. . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. -- - - - - -- - -- - - - - =- -- - - - - - - -- . . . . . . . . .. .. . . . . - - - - -- -- - - . . . . . . . - . . . . . . . . ...... . . . --- - - - TOWN _ BOAR Be It enacted by the - - - -__ D - - - - - __ _ - - -- -- of the - - -- - -- - - - - - -- - - - - - - - - - - - - -- - - - - - - - --- - - - - - - - v�,,��ppryy (Name o/Legislative Body) L1kPIB mj XWof - - - - - - - - - -- - - - - ITHACA - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - as follows : Town Xqq=JjK SEE ATTACHED PAGES ( 1 - 5 ) s t (If additional space is needed , attach pages the same size as this sheet, and member each.) Dos-239 JRev. 11/99) �1 ) TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED "ZONING," OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5 , titled "Definitions," is amended by deleting the definition of HOME OCCUPATION and replacing it with the following : "HOME OCCUPATION — A. A business conducted within a dwelling, or a building accessory thereto, by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto . B . Home occupations typically include, but are not limited to, architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers , financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers . " Section 2 . Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled "Special Regulations," is amended by adding Section 270-219 . 2 as follows : 1 270-219.2 Limitations on home occupations. Home occupations shall meet all of the following requirements : A. An area of no more than 25 % of the floor space of the dwelling (whether the home occupation is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) shall be used for the home occupation. B . No more than four persons (full- or part-time) , including the household resident, shall be involved in on-site business operations . C . The owner and chief operating officer of the business must be a full-time resident of the property on which the business is conducted . D . No goods shall be offered for sale on the premises excepting those created, assembled, or reconditioned completely on the property. i December 21 , 2006 1 E. There shall be no exterior display or sign except as permitted by this chapter or Chapter 221 , Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F . No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business . G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood. I . The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors. J . All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building ." r Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270- 14, titled "Permitted accessory buildings or uses, " is amended by deleting subparagraph B and replacing it with a new subparagraph B reading as follows : "B . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 4. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29, titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph I to the end of this section reading as follows : "I . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 21 " Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-30, titled "Accessory buildings and uses authorized by special approval only, " is amended by deleting the text of subparagraph C, which reads "C . Home occupation, other than farming or a farm related enterprise for which no special approval shall be required . " 1 f December 21 , 2006 2 Section 6. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43 , titled "Permitted accessory structures and uses, " is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-44, titled "Accessory buildings and uses authorized by special approval only.." is amended by deleting the text of subparagraph B , which reads `B . Home occupation. ", and renumbering subparagraph C as subparagraph B . Section 8. Chapter 270 (Zoning) , Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-56, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Home occupations, subject to the limitations on home occupations set forth in § 270-219 .2 . " Section 9. Chapter 270 (Zoning) , Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-57 , titled "Accessory buildings and uses authorized by special approval only," is amended by deleting the text of subparagraph C , which reads "C . Home occupation." I Section 10. Chapter 270 (Zoning) , Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph H to the end of this section reading as follows : "H. Home occupations, subject to the limitations on home occupations set forth in § 270-219 .2 . " Section 11 . Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-69, titled "Accessory buildings and uses authorized by special approval only," is amended by ( 1 ) deleting the text of subparagraph B , which reads "B . Home occupation. ", (2 ) renumbering subparagraph C as subparagraph B , and (3 ) renumbering subparagraph D as subparagraph C . Section 12 . Chapter 270 (Zoning) , Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 13. Chapter 270 (Zoning) , Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270- 80, titled "Accessory buildings and uses authorized by special l December 21 , 2006 3 approval only," is amended by deleting the text of subparagraph B , which reads `B . Home occupation. " Section 14. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91 , titled "Permitted accessory uses, " is amended by adding a new subparagraph H to the end of this section reading as follows : "H. Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 15. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-92 , titled "Accessory buildings and uses authorized by special approval only," is deleted in its entirety. Section 16. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 101 , titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 ." Section 17. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 103 , titled "Accessory buildings and uses authorized by special approval only," is deleted in its entirety. Section 18. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270- 114, titled "Permitted accessory uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 19. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 146, titled "Permitted accessory buildings and uses;" is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 20. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270- 160, titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " i December 21 , 2006 4 Section 21 . 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 22 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. t i l December 2 l , 2006 5 (Complete the cea of eer lon in the paragraph that applies to the filing of thls local lavil and stalke out that which is not applicable.) heal adoption by local legislative body only,) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ __ _ _ _ _ _ _ 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_.... _ of the 03 ft Town)( of - - - - - - - - - - - _ ITHACA - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - was duly passed by the TOWN BO - - - - - - - - - - - - - - - - - - on - - 02J12J_ _ _ _ _ 20 -0.7, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Effective Chief Executive OMcer*.) 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 - - - ____ _ _ __ _ __ _ _ _ __ _ _ _ _ _ _ _ __ __ _ _ _ ___ _ __ _ and was deemed duly adopted on - - - - - - - - - - - - - -- - - 20- - -- , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3*[i4gistative al adoption by referendum.) y certify that the local law annexed hereto, designated as local law No. _ _ __ ___ _ __ _ _ _ _ _ ___ _ __ __ __ _ __ of 20- - - -_ _ (County)(City)(Town)(Village) of - - -- -- - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - -- --- - - - - - - - - - -- - - - -- - - --- -- was duly passed by the - -- -- - - - - - - - - - - - - - - - . . . . . . -- .. . . . .- - - - - - - on - - --- - - - - - - - -- - - - - 20- - - - , and was (approved)(not approved)(repassed after 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 * ' ve Chief Executive Officer means or includes the chief executive officer of a county elected on a county- 1"A\ asis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or tli pervisor 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.) i" I� ;by certify that the local law annexed hereto, designated as local law No . . . . . . . . . . . . _ _ _ _ _ . . . . . .. . . _ . . . . . . . of 20- - - - - - c m City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of S; )n (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the 411.. , , fied 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 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. Clerk of the County legislative body, Ci Town lage Clerk or officer designated by local legislative y �) Date : 7L (Certification to be executed by County attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF 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 i, r AW Title Town of Z { Date : 2I (3) February 12 , 2007 Town Board Mtg . ATTACHMENT # 9 Agenda Item No . 14 TOWN OF ITHACA LOCAL LAW NO . OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING USE OF PLANNING BOARD ALTERNATE MEMBERS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . This local law is adopted pursuant to § 10, Subdivision I (ii)d(3 ) , of the Municipal Home Rule Law of the State of New York. This local law supercedes § 271 ( 15 ) of the Town Law of the State of New York to the extent this local law is inconsistent with such section. Section 2 . Chapter 270, XXVIII, Section 270-236 .A(2) of the Town of Ithaca Code, entitled "Planning Board," is amended by deleting subparagraph 2 and adding a new subparagraph 2 reading as follows : "(2)(a) There may be appointed additionally up to two alternate members of the Planning Board . Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board . (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal , or absence and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in subparagraph b above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271 ( 15 ) , it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10 1 (ii) d (3 ) . All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply. " Section 3 . 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. 12/22//06 1 Agenda Item No . 14 Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 12/22//06 2 February 12 , 2007 Town Board Mtg . ATTACHMENT # 10 1113 ❑ ❑ ❑ ❑ Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applican t or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Local Law Amending Chapter 239 of the Town of Ithaca Town of Ithaca Town Board Code, Titled "Taxation," Regarding Exemption for Certain Disabled Person with Limited Incomes 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map: ) N/A Tax Parcel Number: N/A 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION? X (Amendment of Local Law) 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) . Enactment of a local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," regarding exemption for certain disabled persons with limited incomes . This amendment would incorporate the new income limits in Real Property Tax Law Section 459-C as amended by the New York State Legislature, as set forth in the new income/exempt percentage schedule included in the local law . (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected : N/A itially (0-5yrs) Acres (6- 10yrs) (>10 yrs) Acres How is land zoned presently? N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? N/A Yes _ NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new : Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe : N/A 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local ?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF Y KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supe"rvis®orr, Town of Ithaca Signature and Date :Y � RT II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? ES NO X If yes, coordinate the review process and use the full EAF. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly : None anticipated. C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. t 5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. 6. Long term, short term, cumulative, or other effects not identified in CI -05? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. D . Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Pre rer' s Signature(If different from Responsible Officer) Catherine Valentino. Supervisor me & title of Respon 'ble Officer In ead Agency Signature of Contributing Preparer DATE : February 12 2007 nature of Res onsible Officer in Lead Agency February 12 , 2007 Town Board Mtg . ATTACHMENT # 11 � �� NEW YORK STATE DEPARTMENT of STATE 41 STATE STREET, ALBANY. NY 12231 j (Use this foram 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. Townof- - - - - - - - - - - -- - - . . . . . . ITHACA - - - - - - - - - - - . . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Local Law No. . . . . . . . . . . 2 .. . . _ . . . . . . . . . . . . . _ . . . . . of the year 20. . 07 A local law __ - AMENDING_ _ CHAPT ]; R_ _ 239 _ _QF _ _T33Y-j _ TONAT _ DF_ _ 1THACA _ _C0Q. . , _ _ TJITLED ()Hurt Tide) _ _ _ "TAXAT1ONy " _ _ REGARDING_ _EX.XMPTSDN _ FDB_ _DEETAIN _ -IZLS.A.BIXD_ . . . . PERSONS WITH LIMITED INCOMES . . . . . . . . . . . . .. . . . - - - -- -- - -- - - - - - - - - - - - - - - -- - - - - - - - - - -- - - - --- - - - - -- - --- - -- - - -- -- - - - - - - - - - - - - - - -- - --- - - - - - - - - - - - - --- - - - - - - - - - - - --- - - -- -- - - - - -- - - - - - - - - - - - - - - - - - - - -- -- - - - - ---- - - - - -- - - -- - - -- - - - - - -- - - - - - - - - - - - -- --- - - - - - - - - Be it enacted by the - - - -__ _ TOWN: _ BOARD- _ _ _ . . .. .. . . . .. .. . .. ... . . - - - - - - - - - - - -- - - - - - --- - - - - - - - - (Name o(Legis)a6ve Body) Townoff - - - - - - - - - - - - - - - -- - - - - ITHACA- - - - - - - - -- - - - - - - - - - - - - - -- -- -- - - - - - -- - - - - - - - - - -- - - - - - -- - as follows: SEE ATTACHED PAGES ( 1 - 2 ) l i (If additional space is needed , attach pages the same size as this sheet, and number each.) Dos-239�aev. 1 ice) �l� , TOWN OF ITHACA LOCAL LAW NO, 2 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING EXEMPTION FOR CERTAIN DISABLED PERSONS WITH LIMITED INCOMES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of-the Town of Ithaca Code, Section 239- 11 , titled " Statutory authority" is amended by deleting the phrase "Chapter 462 of the Laws of 2003 " and replacing it with the phrase "Chapter 531 of the Laws of 2006", so that this section reads as follows : "This article is enacted pursuant to § 459-c of the Real Property Tax Law of the State of New York as amended through Chapter 531 of the Laws of 2006 . " Section 2 . Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 12 . A, titled "Grant of exemption; conditions" is amended by deleting the income/exempt j percentage schedule in subparagraph A and replacing it with the following income/exempt percentage schedule : "Annual Income of Owner or Percentage Assessed Valuation Combined Annual Income Exempt From Taxation of Owners Up to and including $26, 000 50% More than $26,000 but less than $27, 000 45 % $27,000 or more but less than $28 ,000 40% $28 , 000 or more but less than $29,000 35 % $29,000 or more but less than $29, 900 30% $29,900 or more but less than $30, 800 25 % $30, 800 or more but less than $ 31 ,700 20% $ 31 , 700 or more but less than $ 32 , 600 15 % $ 32 , 600 or more but less than $33 , 500 10% $33 , 500 or more but less than $ 34,400 5 %" Section 3 . Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 13 , titled "Application for exemption" is amended by deleting the phrase " State Board of Equalization and Assessment" and replacing it with the phrase " State Board of Real Property Services", and by deleting the phrase "such Assessor' s office" and replacing it 1 January 2, 2007 1 with the phrase "the Tompkins County Assessment office", so that this section reads as follows : "Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date . " Section 4. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons With Limited Incomes) of the Town of Ithaca Code, Section 239- 15 , titled "When effective" is amended by deleting the sentence "This article shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2003 ," and replacing it with the following : "The schedule in § 239- 12 .A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2007 . With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1 , 2007 , the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the � . amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date . " Section 5. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 6. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. t t January 2, 2007 2 (Complete the certRfaeatioat An the paragrfiph teat applies to the ding of this Racal Raw and stalke out that which is not applicabRe.) i r lereby rnal adoption by local legislative body only.) I certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ 2 _ _ _ _ _ _ _ _ _ _ of 20. 07 _ of the (GXUi4)PMf�iXTown)( of - -- - - - - _ . . . . ITHACA . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . - - was duly passed by the -- -T.QWN- -BD-ADD- - - - - - - - - - - - - - - - . . . . . . . .. . on - _ D2J12J_ . . . . 2007_ _ , in accordance with the applicable provisions of law. (Name 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 - - - - --- -- - ---- - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - on _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ 20 - - - , and was (approved)(not approved)(repassed after (Name ofGegislative Body) disapproval) by the __ _ _ ___ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on - - - - - - -- - - - - - - - - - - 20- - -- , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. ai adoption by referendum .) 1t y certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ ___ _ ___ _ __ __ __ _ _ _ of 20- -- -_ _ O, ,County)(City)(Town)(Village) of . . . . . .. .. _ __ _. . . . . . .. . _ _ _ _ _ _ . . . .. . . . . . . _. . . . . . .. . _ _ __ _ _ _ _ _ _ __ __ was duly passed by the -� - - ----- - - - - - - - - - -- - - - - - - - - - - - - -- - - -- - - - - - - - on -- -- _ _ _ _ _ ___ __ .. . 20- - - - , and was (approved)(not approved)(repassed after (Na . egislative 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 _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ 24 ___ , 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 # e Chief Executive Officer means or includes the chief executive officer of a county elected on a county- � , asis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or th pervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) s. (City local law concerning Charter revision proposed by petition.) 11' ')y certify that the local law annexed hereto, designated as local law No. - - - - - _ _ _ _ _ __ _ _ _ _ _ _ _ . . . . . . . . . . _ . . . . . of 20_ _ _ _ _ _ of City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of seL _ n (36)(37) of the Municipal Horde 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 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. . .. .7- . . . . . . above. _ Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body CNN 1I I (. :) Date : ., . 1 Lip (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPK T N S 1, 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' Title XH of ITHACA Town t � i Date : C �' I I G 0`7 (3) February 12 , 2007 Town Board Mtg . ATTACHMENT # 12 ❑ ❑ ❑ 111111 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applican t or Project Sponsor) 1 . Applicant/Sponsor 2 . Project Name Local Law Amending Chapter 239 of the Town of Ithaca Town of Ithaca Town. Board Code, Titled "Taxation," Regarding Senior Citizens Exemption 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) N/A Tax Parcel Number: N/A 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION? X (Amendment of Local Law) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : Enactment of a local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," regarding senior citizens exemption. This amendment would incorporate the new income limits in Real Property Tax Law Section 467 as amended by the New York State Legislature, as set forth in the new income/exempt percentage schedule included in the local law . (Attach separate sheet(s) if necessary to adequately describe the proposed project .) $ Amount of land affected : N/A itially (0-5yrs) Acres (6- 1Oyrs) (>10 yrs) Acres How is land zoned presently? N/A Will proposed action comply with existing zoning or other existing land use restrictions ? N/A Yes _ NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new : Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe : N/A 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding : 12 . Does any aspect of the proposed action have a currently valid permit or approval? YES NO If yes, list agency name and permit/approval. Also, state whether it will require modification. N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca Signature and Date : c4iX" .5. T II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? ES NO X If yes, coordinate the review process and use the full EAF. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None anticipated. C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. C4. The Town 's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly : None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i . e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board LC22 Name of Lead Agency Pre rer' s Signature(If different from Responsible Officer) Catherine Valentino Supervisor me & title of Responsi le Officer In Lea Agency Signature of Contributing Preparer 'L DATE : February 12 , 2007 Wnature of Responsible Officer in Lead Agency February 12 , 2007 Town Board Mtg . ATTACHMENT # 13 Local Law FZlij2� NEW YORK STATE DEPARTMENT OF STATE f 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of - - - - - - - - - -- -- ITHACA Town - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Village Local Law No. - - - - - - - - - - -3- - - - - - - - - - - - - - - - - - - - - - - of the year 20 _ _ _ - _ AMENDING CHAPTER 239 OF THE TOWN OF _ _ ITHACA _ CODE_,, _ _ _ _ _ _ Alocal law - - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - -- - - --- - - - - . . . . . . . . (laaert Title) TITLED " TAXATION " , .. REGARDING SENIOR CITIZENS_ _ EXEMPTION - - - -- - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- - - - - - - - --- -- - - - -- - - - - - - - - - - -- - - - - -- - -- - - - - - - - - TOWN BOARD _ __ ___ _ _ of the Be it enacted by the - - - -- - - --- - - - - - - - - -- - - - - - - - - - -- -- - - - - - - - -- - - - - - --- - - - - - - - -- - - - - -- - - -- - --- _ __ _ _ _ (Nmae ofLeaiila&e Body) County City of . . . .. . . . . . . .. . ..- - - - - - - -ITHACA - - - - - -- - - - - - - - - - - - - - - - -- -- - -- - -- - - - - -- - - - - - --- - - -- - - - as follows : Town Village SEE ATTACHED PAGES ( 1 - 2 ) (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/'99) �1 TOWN OF ITHACA LOCAL LAW NO, 3 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," REGARDING SENIOR CITIZENS EXEMPTION Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 239 (Taxation) , Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239- 1 , titled " Statutory authority" is amended by deleting the phrase "Chapter 512 of the Laws of 2003 " and replacing it with the phrase "Chapter - 186 of the Laws of 2006", so that this section reads as follows : "This article is enacted pursuant to § 467 of the Real Property Tax Law of the State of New York as amended through Chapter 186 of the Laws of 2006 . " Section 2. Chapter 239 (Taxation) , Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-2 .A, titled "Grant of exemption" is amended by adding the words "or by siblings" after the words "husband and wife" in the first sentence, by deleting the second sentence, and by replacing the income/exempt percentage schedule with the schedule set forth below so that subparagraph A reads as J follows : i � ( "Pursuant to the provisions of § 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said § 467 based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following : Annual Income of Owner or Percentage Assessed Valuation Combined Annual Income Exempt From Taxation of Owners Up to and including $26 , 000 50% More than $26,000 but less than $27,000 45 % $27,000 or more but less than $28 ,000 40% $28 , 000 or more but less than $29,000 35 % $29,000 or more but less than $29,900 30% $29,900 or more but less than $30, 800 25 % $30, 800 or more but less than $31 , 700 20% $ 31 , 700 or more but less than $ 32 , 600 15 % $ 32 ,600 or more but less than $ 33 , 500 10% $33 , 500 or more but less than $ 34,400 5 %" January 2, 2007 1 Section 3. Chapter 239 (Taxation) , Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239-3 , titled "Application for exemption" is amended by deleting the phrase " State Board of Equalization and Assessment" and replacing it with the phrase "State Board of Real Property Services", and by deleting the phrase "such Assessor' s office" and replacing it with the phrase "the Tompkins County Assessment office", so that this section reads as follows : "Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date . " Section 4. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town of Ithaca Code, Section 239- 5 , titled "When effective" is amended by deleting the text in this section and replacing it with the following : "The schedule in § 239-2 .A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2007 . With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1 , 2007, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date . " Section 5. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 6. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. d t January 2, 2007 2 (Complete the certificatlon In the paragraph that applies to the Min of this local Dnw and j strife out that evl icl� is aaot applicable.) final adoption by local legislative body only.) I ereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ 3 _ _ _ _ _ of 20.07 of the (C&YhX9)(CI (Town)(YHflk of . .. . . _ . . . . . . . . iTHAU . . . . . . . _ . . . . .. . . . . . . . . _ _ _ - - was duly passed by the - - - _Q-W-N- -$DAHIl - - - - -- - - - - - - - - - - - - - - - - - - - - on _ _ 02J. 12J_ _ _ _ _ 20 -0.7, in accordance with the applicable provisions of law. (Name 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 -- - - -- - -- - --- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - on - - - - - - - - - - - - - - - 20 _ _ _ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - _ ___ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ and was deemed duly adopted on - - - - - - - - - - - - - - - - - 20- - - - , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. in al adoption by referendum .) y certify that the local law annexed hereto, designated as local law No . __ _ _ _ __ _ _ _ __ _ _ __ _ _ __ __ __ _ _ _ of 20- - _County)(City)(Town)(Village) of - - -- - - - -- - - - -- - - ---- - - - - - - -- - - - - - - - - - -- -- - - - - - -- - - - -- - - - -- - - - -- - - was duly passed by the - ---- - - - -- - - - - - - - -- - - - - - - - - - - -- - - --- - - - - - - on -- --_ _ _ _ _ _ _ _ _ _ _ _ _ _ 20- - -- , and was (approved)(not approved)(repassed after (tv. egislative 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 _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ 20L ___ , 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 _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ 24 __ _ , in accordance with the applicable provisions of law. e Chief Executive Officer means or includes the chief executive offocer of a county elected on a county- asis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or M1 pervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) 59_ (City local law concern, in, g Charter revlslon proposed by petitions) i I/ -eby certify that the local law annexed hereto, designated as local law No . .. . . . . . . . . . . . . _ _ _ . . . . . . .. . _ _ _ . . . . . . of 20. . . . . . o.. .e City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of -)n (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 qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized foram 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 w lnally adopted in the manner in- dicated in paragraph- - -- - 1- - - - - , above. 1 all ftLI Clerk of the County legislative body, City, own illage Clerk or officer designated by local legislative body / al) Date : 7 \ �cC' � (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS 1, 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 . rr Signature Tai Title t y ITHACA Town of Date : 0 Z 14 1 (3) February 12 , 2007 Town Board Mtg . ATTACHMENT # 14 oT S J! : Pro r -os.e:d� 'I lslative _; "...i..._i.._f T R� solut o As �`� '�� . 0 Association of Towns of the State of New York 2007` ' � . Table of Contents ❑ Litigation Expenses (Court of Claims and Collateral Source Legislation) ❑ Mandate Relief (WICKS Law, Prevailing Wage and Compulsory Binding Arbitration) ❑ GML 207-c Disability Benefits for Law Enforcement ❑ Preserve Local Control over Active and Retiree Health Insurance Benefits ❑ Reform Real Property Tax Exemptions ❑ Reform Condominium Assessments ❑ Special Franchise Assessment Litigation Charge-Backs ❑ School Funding Reform ❑ Efficient Highway Administration ❑ Speed Limits on Town Roads ❑ ATV Use of Town Roads ❑ Pension Relief ❑ Publication of Legal Notices in Community Newspapers ❑ Increase in Justice Court Funding Please note that the Resolutions Cornmittee will be meeting again on February 6 , 2007 to review newly proposed resolutions and to reevaluate existing resolutions . On February 21 , 2007 , the Resolutions mmittee will present their final recommended resolutions to the delegates of the Association of Towns the State of New York at the Association ' s annual Business Session held at the Hilton New York . k 1 Resolu�t1on ��"l�To . = 1 - - _. Litigation Expenses Court of Claims and Collateral Source Legislation WHEREAS, the costs of defending and paying liability claims in the U . S . have hit over $205 billion; and WHEREAS, recent studies report that at these levels, tort costs amount to a 5 % tax on wages and $ 721 per each U . S . citizen, with annual increases in tort costs expected to be in the 7- 11 % range for the next several years ; and WHEREAS , it is essential that New York State maintain a balanced civil justice system that can serve as a guarantor and protector of individual rights and freedoms while preserving the equally important democratic values of fairness and personal responsibility ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns urges the Governor and the Legislature to reform the State' s civil justice system and , in particular : (1) authorize towns and other local governments to defend themselves in the nonjury forum of the State Court of Claims where the State has been privileged to defend itself since the end of sovereign immunity more than 70 years ago ; and (2) amend CPLR, §4545 (e.g. 5. 1544/A.4354 (2005-2006)) to allow local governments to offset the cost of damage awards with collateral sources. R`es0 lut10`nNo: : 2 Mandate Relief WHEREAS, mandates , such as the WICKS Law, Prevailing Wage and Compulsory Binding Arbitration continue to frustrate local government ' s ability to reduce the real property tax burden by achieving greater economy and efficiency in local operations ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns calls upon the Governor and Legislature to repeal costly unfunded mandates on local governments , such as those identified above or, alternatively, to 'reform these mandates by : 1) raising the project cost thresholds before WICKS would be applicable; 2) reforming prevailing wage; and 3) including the ability to pay, without ' raising taxes, as a priority consideration for binding arbitration panels . Resolution` No . GML 207-c Disability Benefits for Law Enforcement WHEREAS, law enforcement personnel are entitled to payment of municipal compensation benefits including, payment of salary, fringe benefits and all medical costs when they are injured in the line of duty pursuant to General Municipal Law (GML), § 207-c and these payments are non-taxable and can continue for years or even decades until there is recovery, a disability retirement or attainment of retirement age ; and WHEREAS , the New York Court of Appeals recently decided (Matter of Theroux v. Reilly et al), that all law enforcement officers who are injured or fall ill in the performance of their duties, regardless of the duties performed or the nature of the injury, are entitled to the payment of the full benefits provided by. GML, § 207-c; and EREAS, the Office of the New York State Comptroller has the final determination as to when a law orcement officer is eligible for a disability retirement and historically he has been reluctant to issue disability ements to law enforcement officers who are receiving section 207-c benefits ; and HEREAS, law enforcement officers have been known to stay on municipal payrolls receiving 207-c benefits for multiple years thereby filling a roster spot in a department that could be filled by a healthy law enforcement officer; and WHEREAS, this latest change in the interpretation of GML, § 207-c by New York Court of Appeals will substantially increase municipal compensation costs and create a great hardship to taxpayers at all municipal government levels; NOW THEREFORE BE IT RESOLVED , that the New York State Association of Towns supports legislation to amend General Municipal Law, §207-c to require that disability retirement benefits be extended to any law enforcement officer who has been receiving GML, § 207-c benefit for a period of 36 months without the ability to return to work. Resolution`� No . 4 Preserve Local Control over Active and Retiree Health Insurance Benefits IEREAS, GASB 34 compliant municipalities now have to account for future employee liabilities, such as rncfits ee health care costs, in financial reporting requirements ; and EREAS, many towns choose to provide health insurance benefits, although provision of health insurance to town officers and employees (active and/or retired) is permissive (General Municipal Law, § 92-a) ; and WHEREAS, towns currently have the authority to adjust health insurance benefits upon reasonable notice and subject to any collective bargaining agreements where applicable; and WHEREAS, many towns are facing double-digit increases in health care costs while their budgets are overburdened with fixed mandated costs such as for pension payments , workers ' compensation and the like ; and WHEREAS, real property taxes in New York are among the highest in the nation ; NOW THEREFORE BE IT RESOLVED, that the Association of Towns is opposed to any State mandated restriction (e.g. A.7175/S. 2501 -B (2004) or A. 4962a/S.973a (2004)) which would affect a local government' s control over the provision of health care benefits to its active or retired officers and employees. Resolution No . 5 Reform Real Property Tax Exemptions WHEREAS , nearly one-third of the real property value across New York State is exempt from taxation ; and HEREAS, tax exemptions need to be more closely scrutinized so that homeowners and small businesses do not tinue to shoulder the costs of higher property taxes while groups and organizations receive tax exemptions due exemption laws that are among the most generous in the Nation ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns supports legislative initiatives that would NOT eliminate exemptions, but rather place the burden of qualifying for tax exemption on the organization claiming tax exempt status, and require such organizations to prove by clear and convincing evidence to local assessors that the property is used exclusively for exempt purposes . Resolution` No . '6 { Reform Condominium Assessments WHEREAS, Real Property Law, § 339-y has been interpreted by courts to limit an assessor' s method of establishing a condominium assessment to the income approach, resulting in the assessment for each unit significantly under market value, sometimes by as much as 50% or more; and WHEREAS , further abuse of section 339-y now includes attempts by developers to take large tracts of land, construct large single-family houses on one or two acres and instead of simply subdividing the property, establish a condominium with two classes of common areas, a limited common area (consisting of all the parcels surrounding each residence), which is for the exclusive use of the owner and occupant of the "condominium unit", and one general common area consisting only of the roadways within the development; and WHEREAS, by structuring ownership of the property in the manner just described , section 339-y limits the assessing unit to setting assessments on all the units as if the property were a single parcel , resulting in a steep reduction in what the assessment would otherwise be ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns again calls upon the Legislature and the Governor to repeal Real Property Law, §339-y so as to provide equal treatment for all types of residential housing and to prevent the continuing abuses of section 339-y as described above . Resolution `No 7 Special Franchise Assessment Litigation Charge-Backs WHEREAS, the legal requirement to establish Special Franchise Assessments resides with the Board of Real Property Services (RPTL §202) ; and WHEREAS, such assessments are prepared annually by the Office of Real Property Services (ORPS ) on behalf of local governments pursuant to Real Property Tax Law; and WHEREAS , RPTL § 742 requires the compensation of any counsel and expert witnesses employed by the attorney general and State of New York necessary to the defense of those assessments . . . "be a charge upon the assessing unit upon whose rolls appears the assessment sought to be reviewed . . . '; and WHEREAS, any costs associated with the challenges made by the owners of any such special franchise properties should more appropriately be borne by the Office of Real Property Services ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns shall support legislation (e. g. S . 1373/ A. 6667) amending the Real Property Tax Law that would require the State to bear the costs associated with the review of special franchise assessments by the Office of Real Property Services. solution yr . , t C ( a chool Funding Reform WHEREAS, towns are concerned about the ever- increasing cost of primary and secondary public education borne by real property taxpayers ; and WHEREAS, the increasing fiscal burden of public education on real property taxpayers impacts the ability to provide adequate revenues to fund important town services and programs that ensure the well -being of our communities; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor, the New York State Legislature, and other State officials to develop a solution that will provide adequate State funding for public education thereby lessening or eliminating dependence on local real property taxes without reducing funding to other local governments and local government programs ; and BE IT FURTHER RESOLVED, that the Association of Towns calls upon our State leaders to eliminate costly unfunded mandates, which increase the cost of providing a public education and further strain the real property tax base. esolutionYlOTo . 9 ti iicient Highway Administration HEREAS, local highways and bridges make up 85 % of our State ' s highway system ; and , _ WHEREAS, recent local road system studies continue to identify a multi - billion dollar shortfall in funding of local highways and bridges ; and WHEREAS, upgrading the State ' s 90, 000 miles of county and town roads to meet the American Association of State Highway Transportation Officials (AASHTO) minimum standards would cost in excess of $9 . 7 billion dollars; and WHEREAS, there is a need to provide an appropriate legal and technical basis for the decisions of local highway superintendents, town boards and engineering professionals regarding the maintenance, reconstruction and construction of low volume local roads ; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor and Legislature to continue their support of the Consolidated Highway Improvement Program (CHIPS) and to explore every way possible to increase highway aid ; and BE IT FURTHER RESOLVED , that the Association of Toxx7ns calls upon the Governor and Legislature to enact appropriate enabling authority for Local Road Classification as recommended by the NYS Local Road Classification ask Force which will permit local governments to objectively reduce to more appropriate levels, the costs of intenance and repair of such low volume roads. I Speed Limits on Town Roads . WHEREAS, current provisions of the Vehicle & Traffic Law, § 1662-a authorize only certain towns (i . e . , suburban towns and those with over 50,000 in population — approximately 8 . 6% of towns) to set speed limits on all highways within a town other than State highways maintained by the State, while all cities and villages regardless of classification or population set their own limits ; and WHEREAS, the NYS Department of Transportation can take as much as two years to process requests for speed limit reductions and has, in most instances, declined to reduce speed limits on town highways when requested to do so by local officials ; and WHEREAS , town governments are better positioned to work with their citizens to set speed limits on town roads and more likely to be responsive to their residents ' concerns for health and safety ; and WHEREAS, town officials are legally required to set speed limits based upon the same engineering standards and traffic investigation techniques as the State DOT, cities and villages are required to employ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns urges the Legislature and Governor to extend to all towns the option — through adoption of a local law — to assume responsibility and authority to set speed limits on town roads within their respective jurisdictions, within the limits as defined in § 1662-a of the Vehicle & Traffic Law, and so long as those roads have been functionally classified by the Department of Transportation as local roads. Resolution IN 1 ' ` } ATV Use of Town Roads WHEREAS, the use of all terrain vehicles (ATVs) is increasing at a dramatic rate throughout New York State; and WHEREAS, Vehicle and Traffic Law, § 2405 limits the ability of municipalities to designate and post public highway as open for travel by ATVs only when " it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway" ; NOW THEREFORE BE IT RESOLVED , that the Association of Towns supports an amendment to Vehicle and Traffic Law, §2405 that would allow municipalities, by local option , to designate their respective public highways , and/or portions thereof, as open for travel by ATVs in order to gain access to areas or trails adjacent to such highways, and that deletes the requirement that such use only be allowed when "it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway." Resolution Igo . 12 . Pension Relief WHEREAS , the New York State and Local Government Pension Plan is among the most generous in the nation ; and • EREAS, the employer (i .e . taxpayer) share of pension contributions in New York has risen by more than $3 ion in the last five years, straining taxpayers throughout the state; and EREAS , many municipalities face increasing budgets due to health and pension costs that have been escalating dt five times the rate of inflation for several years ; and WHEREAS, membership benefits in the State pension or retirement system are guaranteed by the State Constitution, and cannot be diminished or impaired ; and WHEREAS, a new retirement tier has not been established since 1983 ; NOW THEREFORE BE IT RESOLVED , that the New York State Association of Towns calls upon the Governor, the New York State Legislature and the State Comptroller to establish a task force to evaluate the current pension program in order to make recommendations that will stabilize and lower employer (taxpayer) contributions for current members and lessen employer contributions for future members. Resolution No . - 13 Resolution Publication of Legal Notices WHEREAS , current law restricts public notices to be published in paid dailies and weeklies ; and I HEREAS , it has become increasingly difficult to purchase adequate citizen coverage under current restrictions rding what can be designated as an official newspaper; and EREAS, the cost of publishing in an official newspaper could become costly ; and WHEREAS, studies show the decline in local daily and weekly newspaper readership is accelerating; and WHEREAS, studies also show an increase in circulation from 30 million in 1968 to 88 million in 2000 of free community papers; and WHEREAS, the intent of public notice requirements is to increase the likelihood that citizens are well informed regarding local government actions, finances, and plans ; NOW THEREFORE BE IT RESOLVED that the Association of Towns calls upon the Governor and the Legislature to amend the General Construction Law to allow papers, which do not charge for the paper, but with an established and large circulation , to be considered newspapers in certain instances, to permit towns and other local governments to place the legal notices in the local publications which may reach a larger audience and/or be less expensive to publish . Resolution No . 14 crease in Justice Court Funding HEREAS , town justice courts provide an essential service that is primarily funded by local real property taxes ; i WHEREAS, the State established reimbursement fund (General Municipal Law [GML] § 99- I), designed to assist local governments with the operational expenses of Justice Courts, has not been amend to reflect an increase in operational expenses for the past 10 years ; and WHEREAS, the New York State Police recently discontinued the practice of prosecuting and plea-bargaining traffic violations in town justice courts, placing a burden on local governments to provide prosecutors for traffic violations, further increasing operational expenses of the court; NOW THEREFORE BE IT RESOLVED that the Association of Towns requests Legislative action to increase GML, §99-1 reimbursement fees to assist local taxpayers in funding justice court operational expenses TOWN OF ITHACA Public Works Department' s Monthly Board Report January for the February 12, 2007 Meeting ROADS ♦ Winter finally came about midway through the month, so we had to switch gears and get into snow removal mode . Orders for new salt required mixing of additive to the salt. ♦ Christmas tree pick up was completed . ♦ Shoulders were worked on at Eastern Heights Road and Snyder Hill Road . ♦ We hauled crusher run for stockpiles . s We cold patched potholes and at several water break sites . ♦ Sign work and vehicle maintenance was done . o The compost pile was turned . ♦ We continue working on safety improvements on the Public Works Facility . PARKS AND TRAILS o We took advantage of the lack of snow and did considerable tree and brush trimming along the trails . Weekly site inspections were completed . Our Toolcat Utility Vehicle was delivered on January 26 . We installed a beacon light, radio, and fitted it out before trying it out on the next snow event. Our initial impression is that this piece of equipment will greatly improve snow removal operations on our trail system. WATER s ■ Several valve boxes were repaired . ■ Water main breaks were repaired at 1010 Danby Road and 113 Winston Drive . ■ We excavated for new piping and transformer vault and backfilled new electrical work at the East Hill Water Tank. ■ We test ran our emergency generators by hooking them up to Coy Glen pump station. ■ We started preparing pipes in several pump stations for painting. SEWER ¢ DSNY mark-outs for sewer mains were performed . v A sewer backup on Hanshaw Roadwas cameraed and jetted to clear the blockage . 4 As-builts for water and sewer lines iwere worked on. February jects 1 . Snow removal as needed. 2 . Mixing Salt and Majic -O. 3 . Cold patching. 4. Hauling for stockpiles 5 . Weekly park and trail site inspections . 6 . Water and sewer as-builts 7. Annual training. 8 . Tub Grinding of brush pile and Christmas trees . ghk 0 Town of Ithaca Building and Zoning Monthly Report January 1 , 2007 to Jans uary 31 , 2007 Building Permits P # Date Value Description fee category 6804 1 /3/2007 $ 15,000 . 00 Recover & stablize garage for mooring , $45. 00 renovations to construct new garage foundation residential 6805 1 /5/2007 $8,500 . 00 Interior renovation of Franco's $45. 00 business Restaurant; increase seating by 14 6807 1 /10/2007 $ 153000 .00 Wall partitions for Parks Law Office suite $60 . 00 business 6806 1 /10/2007 $ 115 ,000 .00 Remodel bathrooms to meet ADA $350 .00 business requirements 6808 1 /11 /2007 $6 ,900 ,000 . 00 3 story multiple residence (72 units) $6 ,000 .00 new multiple residences 6808 1 /11 /2007 $6 ,900 ,000 .00 3 story multiple residence (72 units) $6 ,000 .00 new multiple residences 6808 1 /11 /2007 $69900 ,000 .00 3 story multiple residence (72 units) $6,000 .00 new multiple residences 6808 1 /11 /2007 $6 ,900 ,000 .00 3 story multiple residence (72 units) $6 ,000 .00 new multiple residences 6809 1 /19/2007 $4 ,000.00 Re-roof and re-side garage $35 .00 renovations to residential 6810 1 /22/2007 $35 ,295 .00 Convert existing porch into a kitchen and $ 100 .00 renovations to convert existing kitchen into a pantry residential 6811 1 /22/2007 $89 ,500 .00 Reroof Dillingham Center $200 . 00 business Totals $27 ,882 ,295.00 $24 ,835 .00 Certificates of Occupancy BP # Address Description CO Temp 6649 155 Westhaven Rd Pitched roof over existing fl at roof 1 /212007 ❑ 6618 1485 Mecklenburg Rd Addition and renovate interior 1 /11 /2007 ❑ 6637 340 West Hill Cir 8 unit multiple dwelling (Bldg 13) 1 /12/2007 0 6365 605 Winston Ct Front porch addition 1 /16/2007 ❑ 6355 402 Winston Ct Front porch addition 1 /16/2007 ❑ 6356 404 Winston Ct Front porch addition 1 /16/2007 ❑ Tuesday, February 06, 2007 Page 1 Town of Ithaca Building and Zoning Monthly Report January 1 , 2007 - to JanuzL-y- 31 ; 2007 6357 406 Winston Ct Front porch addition 1 /16/2007 ❑ 6358 408 Winston Ct Front porch addition 1 /16/2007 ❑ 6359 410 Winston Ct Front porch addition 1 /16/2007 ❑ 6360 412 Winston Ct Front porch addition 1 /16/2007 ❑ 6361 601 Winston Ct Front porch addition 1 /16/2007 ❑ 6362 602 Winston Ct Front porch addition 1 /16/2007 ❑ 6364 604 Winston Ct Front porch addition 1 /16/2007 ❑ 6366 606 Winston Ct Front porch addition 1 /16/2007 ❑ 6368 608 Winston Ct Front porch addition 1 /16/2007 ❑ 6369 609 Winston Ct Front porch addition 1 /16/2007 ❑ 6370 610 Winston Ct Front porch addition 1 /16/2007 ❑ 6371 611 Winston Ct Front porch addition 1 /16/2007 ❑ 6372 612 Winston Ct Front porch addition 1 /16/2007 ❑ 6363 603 Winston Ct Front porch addition 1 /16/2007 ❑ 6367 607 Winston Ct Front porch addition 1 /16/2007 ❑ 6490 105 Larisa Ln New 4 bedroom single-family home with 1 /18/2007 ❑ attached 2 car garage 6532 200 West Hill Cir Phase 1B control building , private road 1 /23/2007 0 and site work 6575 105 Southwoods Dr Construct 22'x36' in ground pool with 4 .5' 1 /23/2007 ❑ high fence 6535 01 Bella Vista Dr Open air pavilion 1 /25/2007 ❑ 6785. 950 Danby Rd Remodel Suite 139 for Applied Benefit 1 /25/2007 Solutions 6380 101 Larisa Ln New 4 bedroom single-family home with 1 /25/2007 ❑ attached garage 6791 950 Danby Rd Construct partition wall for Painted 1 /25/2007 ❑ Universe tenant Tuesday, February 06, 2007 Page 2 Town of Ithaca Building and Zoning Monthly Report . January 1 , 2007 to January, 31 , 2007 6229 205 Eldridge Cir New 4 bedroom residence with attached 1 /26/2007 ❑ 2-car garage 6638 360 West Hill Cir 8 unit multiple dwelling (Bldg 15) 1 /26/2007 6809 105 Birchwood Dr S Re-roof and re-side garage 1 /29/2007 ❑ 6667 104 Halcyon Hill Rd 968 square foot detached 2 car garage 1 /30/2007 ❑ Complaints Date Address Complaint Type Disposition 1 /2/2007 172 Calkins Rd property. maintenance Pending 1 /8/2007 983 East Shore Dr building code Abated 1 /22/2007 107 Pine Tree Rd property maintenance Pending 1 /22/2007 131 West Hill Cir building code Pending 1 /8/2007 117 Winston Dr property maintenance Abated 1 /10/2007 1010 Danby Rd building code Pending 1 /29/2007 617 Five Mile Dr property maintenance Pending 1 /29/2007 615 Five Mile Dr building code Pending 1 /30/2007 103 Bundy Rd building code Pending 1 /29/2007 correspondence Other Existing Building CO Field Visits Building Code 70 Complaint/Investigation 13 Fire Safety 4 Fire Emergency 0 Total 87 Tuesday, February 06, 2007 Page 3 0210512007 TOWN OF ITHACA 13 :32 :02 B2110 - B2110 Transaction Report For the period 01 /01 /2007 through 01 /31 /2007 Type Date Comment Name . Quantity Fee B2110 I . BP 01 /04/2007 66.-5-9. 1 KELLOCK, JUDITH 1 45 . 00 2 . BP 01 /05/2007 41 .4 -30.2 ITHACA COLLEGE 1 350.00 3 . BP 01 /09/2007 34.4 -8 CROWN CONSTRUCTION 1 100 .00 4 . BP 01 / 16/2007 31-2-3 . 1 KNEWSTUB 1 50 .00 5 . BP 01 /22/2007 70.- 10- 1 .22 BREWSTER CONTRACTING 1 35 .00 6 . BP 01 /22/2007 28 .4 - 1 .2 FERGUSON, LISA AND 1 60 .00 GARY 7 . BP 01 /24/2007 58 .-2-39. 54 HALKIOPOULOS, 1 25 .00 MATOULA 8 . BP 01 /26/2007 58.-2-39. 53 MELANIE STEIN 1 25 .00 9 . BP 01 /30/2007 29.-8-3 CROWN CONSTRUCTION 1 60 .00 9 750.00 10 . BPE 01 / 19/2007 33 .-3 -8 .29 JAVOR, SEAD 1 50.00 11 . BPE 01 /24/2007 63 .4 -8.2 WILSON LAB -- CORNELL 1 200 .00 2 250.00 12 . SP 01 /26/2007 63 .4 -8 . 1 63 .4 -5 63 .- 1 -8. 2 CORNELL CCHPP 1 100.00 1 100.00 13 . TCO 01 /04/2007 39.- 1 - 1 .2 SOUTH HILL BUSINESS 1 CAMPUS 14. TCO 01 / 12/2007 24.4- 14.24 OVERLOOK AT WESTHILL 1 5 15 . TCO 01 / 19/2007 24.4- 14.24 OVERLOOK AT WEST HILL 1 1 ,0 ; II 16 . TCO 01 /23/2007 24-4- 14.24 GAETANO CONST FOR 1 500.00 OVERLOOK 4 2,030.00 17 . ZBM 01 /04/2007 58.- 1 -39. 54 HALKIPOULIS, MATOULA 1 100.00 18 . ZBM 01 /05/2007 58.-2-39. 53 STEIN, MELANIE 1 100 .00 19 . ZBM 01 /29/2007 66.-5-9. 1 KELLOCK, JUDITH 1 100 .00 20 . ZBM 01 /31 /2007 31-2-3 . 1 KNEWSTUB 1 100.00 4 400.00 Total Sales 20 3,530.00 Page: 1