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HomeMy WebLinkAboutTB Minutes 2007-11-19 Regular Meeting of the Ithaca Town Board Monday, November 19 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , NY 14850 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of City of Ithaca Common Council — Robin Korherr (sending in a written report) 4 . Report of Fire Commission 5 . 5 : 45 — Presentation . Laura Johnson - Kelly , Town of Ithaca Historian , Touring the Towns brochure 6 . Report of Tompkins County Legislature — Frank Proto 7 . Persons to be Heard and Board Comments 8 . Debbie Teeter presentation regarding the eight ( 8 ) year review of the County Agricultural District #2 and changing the time frame of the annual additions 9 . Consider approval of the Route 96 Corridor Study scope and arrangements and entering into Municipal Agreement to conduct a study 10 . Consider Resolution regarding training of Planning Board and Zoning Board Members 11 . Consider approval of SCLIWC' s union agreement 12 . Discuss requested rezoning for proposed South Pointe Assisted Living Community on Route 13 13 , Discuss Draft for Storm Water Management Law and refer proposed laws to Planning Board and Conservation Board a . Proposed referral to the Planning and Conservation Boards regarding a Local Law deleting Chapter 228 of the Town of Ithaca Code , titled " Storm Water Management , " and adding a new chapter 228 titled , " Storm Water Management and Erosion and Sediment Control ; " b . Proposed referral to the Planning and Conservation Boards regarding a Local Law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning , " to add Storm Water Plan Submission Requirements; c. Proposed referral to the Planning and Conservation Boards regarding a Local Law amending Chapter 234 of the Town of Ithaca Code , Titled Final — 11 /14/2007 " Subdivision of Land , " to add Storm Water Pollution Prevention Plan Submission Requirements 14 . Consider Resolution supporting Southern Tier Advocacy & Mitigation Project' s Youth Court activities and upcoming use of Town Board Room for Youth Court 15 . Discuss the procedure for Town Board appointments to the Planning Board ; Zoning Board and Conservation Board 16 . Discuss request for Union recognition 17 . Discuss the distribution of correspondence to the Town Board 18 . Consent a . Town Board Minutes b . Consider approval of Floating Holiday c . Approve disposal of audio cassette tapes 19 . Report of Town Officials a . Town Clerk b . Highway Superintendent c . Director of Engineering d . Director of Planning e . Budget Officer f. Manager of Human Resources g . Network/Records Specialist h . Recreation and Youth Coordinator i . Attorney for the Town 20 . Report of Town Committees a . Agriculture Committee 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 21 , Intermunicipal Organizations a . Cayuga Lake Watershed Intermunicipal Organization b . City/Town Trail Committee c . Joint Youth Commission d . Lake Source Data Sharing e . Pegasys Oversight Committee Final — 11 /14/2007 f. Recreation Partnership g . Special Joint Committee ( Sewer) h . Southern Cayuga Lake Intermunicipal Water Commission i . Tompkins County Council of Governments ( TCCOG ) 22 . Correspondence a . Walter Wiggins , d . b . a . LaTourelle , A Country Inn - notification of submission of application to ABC Board for renewal of on- premises liquor license ; b . Wingz - notification of submission of application to ABC Board for renewal of on - premises liquor license ; c . C . Kevin Synnott , Ph . D . regarding his study and approach to student alcohol consumption ; d . Cornell University' s Revised Rules and Regulations for the Control of Traffic and Parking on the Grounds of Cornell University; e . Kevin R . Talty' s request to be reappointed to another seven ( 7 ) year term on the Town of Ithaca Planning Board ; f. Letter from Beverly Schauffer asking the Town Board to work out something with the SPCA for animal control ; g . Letter from Governor Eliot Spitzer thanking the Board for its support regarding undocumented immigrants' ability to obtain a NYS driver' s license ; h . Tompkins County Department of Assessment notification of changes to Tompkins County law with regard to Persons sixty-five years of age or over and the Persons with disabilities and limited income exemptions , and notification of a NYS new law entitled , Veterans' Exemption for " Cold War Veterans" and the Town ' s ability to opt in along with times tables and calculation charts ; i . Letter from Christopher Benedict asking to be reappointed to the Conservation Board ; j . E- mail correspondence from Gary Stewart asking to be reappointed to the Ethics Board ; k . E- mail correspondence from Kirk Sigel asking to be reappointed to the Zoning Board of Appeals ; I . Note from Richard Matthews asking to be reappointed to the Zoning Board of Appeals m . Invitation to attend Human Services Coalition presentation , Universal Health Care- Pros and Cons of Different Approaches on December 3rd 23 . Consider Adjournment Final — 11 /14/2007 TOWN OF ITHACA TOWN BOARD SIGN - IN SHEET DATE : Monday , November 19 , 2007 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME e - mail PLEASE PRINTADDRE55 / AFFILIATION • 1 � �'�� �1C � Q Z - L � C� f nl'_ i i\ )t � ; � �l, i� L � �1 �"��. I .�vt � J "� � 1` n.� � U �. � I< � `� Gl 2c ,� V I -� C`j ✓Z'SSZ � � xlre5'lwe. ee. , ,,,i 3,G7o ?ee S h`\kv\ r" A A L , MOW APPROVED 1211012007 Regular Meeting Ithaca Town Board Monday, November 19 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York 14850 Present Catherine Valentino , Supervisor ( arrived late ) ; Will Burbank , Councilman ; Herb Engman , Councilman ; Pat Leary , Councilwoman . Excused Sandy Gittelman , Councilwoman ; Peter Stein , Councilman ; Jeff Cowie , Councilman . Staff Karen Billings , Town Clerk ; Dan Walker , Director of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ; Judy Drake , Human Resources Specialist ; Susan Brock , Attorney for the Town . Others Call to Order Deputy Supervisor Burbank called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . He announced that Supervisor Valentino would be arriving late to the meeting and that thee ( 3) other board members were absent from the meeting , which resulted in there not being a quorum of the board until Supervisor Valentino arrived . Formal business could not be conducted until Supervisor Valentino arrived . Agenda Item No . 5 - 5 : 45 — Presentation . Laura Johnson- Kelly, Town of Ithaca Historian , Touring the Towns brochure ( See Attachment # 1 ) Ms . Johnson - Kelly appeared before the board and introduced the Touring the Towns brochure . She explained that the brochure was originally intended to be a history brochure but it evolved into a tourist brochure because the Town has so many points of interest . The town owns the copyright , which allows the town to reprint and update as needed . Ms . Johnson- Kelly solicited questions and comments from the board . Councilman Burbank asked if the brochure was paid for through the [ NYS] Tourism grant . Ms . Johnson - Kelly explained that a vast majority of the cost was covered by the Strategic Tourism Board , and the Town contributed $200 towards printing of the brochures . Each town in Tompkins County contributed towards the printing of its own brochure . The municipal historians also used proceeds from the Place Names Book to be able to print more copies at a minimal charge . It occurred to Councilman Engman that the brochure would educate individuals living in the Town as well as those visiting the Town . He thought the brochure was very FINAL Page l of 24 APPROVED 1211012007 impressive and the board should consider ways to get the brochure to Town residents . Deputy Supervisor Burbank suggested that the brochure be available digitally on the Town ' s website . The board discussed the possibility of scanning the brochure as a PDF and posting it to the Web site . During the discussion , Ms . Johnson- Kelly emphasized the importance of the Town retaining the copy right to the brochure so changes could be made in the future . Deputy Supervisor Burbank thanked Ms . Johnson - Kelly for her presentation . Agenda Item No . 19 - Report of Town Officials ( See attachment #2 ) Ms . Billings directed the board ' s attention to the dog fee breakdown included with the correspondence . The breakdown shows a significant amount of money going to the County on a monthly basis . She thought the board might want to look at where the money is going and take it into consideration during dog control contract negotiations with the County and SPCA. Mr. Walker reported that water main construction on Hanshaw Road has slowed down traffic. The project is moving ahead . The Trumansburg Road water main pipe laying has been completed . Final cleanup and landscaping will be completed in the spring . He also reported that there have been two ( cited for? ) with sedimentation and erosion control violations because the owners failed to follow the Town ' s earth fill ordinance . The first is located on the corner of Burns Road and Slaterville Road where the contractor impeded into the Conservation Zone above the watershed . The owner has been cited for violations by the Town and DEC , but is cooperating with the Town . Second violation is on Trumansburg Road and will probably result in court action because the landowner has disturbed his land as well as his neighbor' s land . The neighbor is in the process of suing the individual . It will probably be brought before the board in the future for resolution . Code Enforcement is attempting to catch up on Fire Safety Inspections as the construction season winds down . Deputy Supervisor Burbank asked if the Town was going to do those inspections. Mr. Walker responded that the Town would be conducting the inspections . The Personnel Committee will be meeting with the Ithaca Fire Department regarding providing services to the Town for fire safety inspections . Deputy Supervisor Burbank asked Mr. Walker to remind the board of the rationale behind fire safety inspections . Mr. Walker explained that fire safety inspections are required for all spaces of assembly , commercial buildings , restaurants , stores , multiple residences and any building with more than 3 residences . The Town has more than 1500 buildings that require fire safety inspections . Mr. Kanter updated the board on the Northeast Consultant Study. The contract with the consultant has been finalized . They have visited all properties that are the subject of the study. A first interim report is being put together for the Town Board and Mr. Kanter hoped that the consultant would be able to appear before the board on December 10th FINAL Page 2 of 24 APPROVED 1211012007 Mr. Kanter reported that Engineering , Planning and Public Works Departments met internally with NYS DOT to discuss the Gateway Trail project . The Phase I agreement with the State has been signed and the next step is to prepare a scoping report that will outline issues and problems to be addressed in the corridor, with possible alternate routes . Deputy Supervisor Burbank asked what the timeframe was for Phase I and what needed to be accomplished within that time . Mr. Kanter explained that in terms of the Town ' s own capital budgeting , the first phase is scoping and preliminary planning to be done over the next year. Depending on the availability of staff, he thought that the board still needed to make some decisions about whether or not a consultant will need to be hired to assist in the scoping and planning . Some of the grant money can be applied toward a consultant' s fee . Councilman Engman commented that the State announced it is holding its hearings for the Black Diamond Trail in December. Eventually the Gateway Trail will connect to the Black Diamond Trail . This will allow residents to get from the Town to Taughannock Falls State Park using the trail system . Ms . Drake brought the board ' s attention to the letter in the back of her report from a retiree thanking them for the insurance coverage . She also advised that notices will be sent out regarding the December 7th training . Agenda Item No . 7 - Persons to be Heard and Board Comments No comments . Agenda Item No . 8 - Debbie Teeter presentation regarding the eight (8) year review of the County Agricultural District #2 and changing the time frame of the annual additions ( See attachment #3 ) Deputy Supervisor Burbank introduced Ms . Teeter to the board . Ms . Teeter explained that every 8 years an agricultural district in Tompkins County is reviewed . This year Agricultural District 2 , which is located on the west side of the lake , is under review. Currently , she is gathering information to write a report for the New York State Department of Agriculture and Markets , which will outline whether or not the Agricultural District is meeting its goal of protecting farmland and supporting agriculture in Tompkins County. As part of the review process , Ms . Teeter is required to talk to municipalities about what is going on with land use within its borders . She provided brochures to the board about the Agriculture District program which describe how local laws and the Agriculture Districts relate . The 8-year review is an opportunity to remove land from the agriculture district . Land can be added to the district annually. Ms . Teeter met with Mr. Kanter and Mr. Smith from the Town and they identified some lands to be removed from the Agricultural District . She identified the land on the map FINAL Page 3 of 24 APPROVED 1211012007 and explained it to be town park land on Seven Mile Drive , Amber Lane , Linderman Creek and Conifer Park , Town parkland to the north of Linderman Creek , and Perry Lane . Ms . Teeter explained that she would need a recommendation from the Board to remove the land from the agricultural district . The information would be taken to the Agriculture and Farmland Protection Board . They would review the area for any active agriculture in the immediate area , which there is not . The Town might want to consider if there are plans to extend municipal services into an agricultural district . She did not think they discussed land to add to the district . Mr. Kanter added that Ms . Teeter is scheduled to appear before the Planning Board on December 4 , 2007 . Ms . Teeter further explained that typically she would receive something from the Planning Board asking that particular parcels be looked at. They will look at the parcels and if the Agricultural Protection Board agrees , then a letter will be sent to the landowners in the district explaining the rationale for either adding them or subtracting them from the district . The changes will then be referred to the County Legislature for action as long as the landowner does not have a problem with the changes . Ms . Teeter solicited questions from the Board . Councilman Burbank asked about the function of an agricultural district and what kind of protection it affords . Ms . Teeter answered that it provides for farmers it is agricultural assessment . The farmer does not have to be in an agricultural district to get the agricultural assessment ; they would have to meet the criteria of grossing $ 10 , 000 per year. The biggest benefit for farmers is protection against unreasonably restrictive local laws . It is a process whereby a municipality enacts a local law that a farmer thinks unreasonably restricts their operation , they can ask Agriculture and Markets for an opinion . Ag and Markets can determine whether or not the local law is reasonable . The Town could then choose to not enforce the law in that particular case , change the law, or the case could go to court with Ag and Markets representing the farmer. Councilman Engman did not understand whether or not the newly proposed additions were included on the map . Ms . Teeter responded that there are no new additions , only suggested removal of lands from the district . Councilman Engman asked if there was a list of the suggested parcels . Mr. Kanter answered that they put together an informal preliminary list based on an in- house meeting , which could be characterized as technical updates to reflect development and infrastructure improvements that have been made over the last 8 years . Ms . Teeter briefly described the proposed parcels to Councilman Engman . Ms . Teeter wrapped up her presentation by explaining they are looking to change the annual process to January instead of at the end of the year. Deputy Supervisor Burbank thanked Ms . Teeter for her presentation . Agenda Item No . 12 - Discuss requested rezoning for proposed South Pointe Assisted Living Community on Route 13 ( See Attachment #4) FINAL Page 4 of 24 APPROVED 1211012007 Charles Guttman introduced himself and Paul and Chris Vitale to the board . Mr. Guttman briefly explained that the South Pointe proposal is for an assisted living facility adjacent to the Turback' s restaurant site . They were appearing before the board to get preliminary opinions from board members about the project. The proposal requires the property be rezoned by the Town Board . He further explained that they have received New York State licensing for an 80-bed facility and gave an overview of the proposal provided to the board . Mr. Guttman would like the board ' s opinion on how to proceed , what changes should be made to the preliminary plans , and then move ahead to rezoning . Chris Vitale introduced himself to the board and thanked the board for hearing their proposal . He directed the board ' s attention to the narrative in the packet material and gave a brief summary of the narrative . Deputy Supervisor Burbank thanked Mr. Vitale for his presentation and turned the meeting over to Supervisor Valentino . Supervisor Valentino solicited questions from the board . Councilwoman Leary asked if there were assisted living facility beds in Longview. Mr. Vitale responded that Tompkins County currently does not have licensed assisted living program beds . He stated there are a number of communities across the State that call themselves assisted living facilities . He was not familiar with the services provided at Longview. Paul Vitale explained that the assisted living program implies and indicates Medicaid funding . Longview may have an assisted living facility or residence , but that does not mean they are Medicaid funded . Councilman Engman was not familiar with the need for the number of beds , but he was familiar with the site and other projects that have been proposed for the site. He thought it was a very difficult site for the proposal . He said it is an undulating site and a lot of dirt would have to be moved ; the site is also very close to a protected stream . Councilman Engman noted that the project is inconsistent with the surrounding zoning explaining that the back of the parcel is adjacent to a conservation area . In the Town ' s Comprehensive Plan , this parcel was recommended for conservation zoning ; the project would be a major change for the area . He had reservations about rezoning the parcel for this type activity. Councilman Engman commented that the site was also very isolated , which forces people to drive everywhere . The only trail nearby is the Finger Lakes Trail , which is only for the very hardy. He thought it would be great if it were closer to other amenities , other health facilities and other places in the Town . Mr. Vitale estimated the site to be two miles outside of the City . He went on to say that although it seems isolated , it is located in close proximity to all the amenities the Town and City have to offer. FINAL Page 5 of 24 APPROVED 1211012007 Councilman Burbank asked if Mr. Vitale presently owned the land or had an option to buy the land . Mr. Vitale explained they currently have an option on the land , which they have had since August . He is hopeful that the project will work and from his experience , based on pieces of property they have had in the past , he thought it was a good piece of land . Councilman Burbank also asked if other sites have been considered for the facility. Mr. Vitale commented that there are very few options for them in the area . He has contacted several local realtors and they have looked at several different properties . This particular site was within their budget range . Mr. Vitale thought based on the site location in relation to the competition that it was a good point for them . The sketch plan shows the engineer has done preliminary work on the site and feels the site could work . They have worked with tougher sites in the past . Councilwoman Leary asked if TCAT had a bus route to the area . Mr. Kanter responded that if TCAT did provide service to the area , it is not regular service . Councilwoman Leary wondered if TCAT service would be extended to the site if the project moved forward . Mr. Kanter did not think TCAT would extend a bus route for a development of this nature . Supervisor Valentino asked Mr. Kanter if planning staff has had an opportunity to review the project . Mr. Kanter responded he has had as much time to review it as the board has . He did not have a preliminary recommendation . Councilman Burbank asked if the site had access to water and sewer. Mr. Walker indicated that the site has public utilities . Councilman Burbank wondered if additional pumping would be required . Mr. Walker knew that the sewer service was extended out to Turback' s . The elevation of the building would determine whether or not pumping would be needed . He said that it is possible that a private lift station would need to be installed to get to the sewer line . Mr. Walker felt that it would be doable . He added that Longview is below the sewer line and they have a pump station . Councilman Burbank thought that the idea was to zone the property as a Planned Development Zone , which required board action . Mr. Kanter confirmed . Supervisor Valentino added that Mr. Kanter' s memo provided the board with four possible actions that they could take . Councilwoman Leary asked if and how parking would be provided for staff and residents . Mr. Vitale stated that the plan includes 40 parking spaces , going on to say it has been his experience that the majority of residents do not drive . They have a van to provide transportation to and from local doctor appointments . Councilwoman Leary wondered what opportunities for social interaction would be available to the residents. Mr. Vitale thought that was a good point and explained that in addition to all the services they provide , they also provide an activities program . Supervisor Valentino asked the board how they would like to proceed . Councilman Burbank thought the facility looked nice , but shared Councilman Engman ' s concern and stated that while the site is technically developable , it is not necessarily in the interest of FINAL Page 6 of 24 APPROVED 1211012007 the community to be developed as proposed . The development is very intensive and is going to be car dependent in an area where the board is trying to move the whole Town discontinue placing facilities outside of the public transportation grid . He would be much more receptive if there was another site . He is not firmly against the proposal , but is very concerned . Supervisor Valentino asked Councilman Burbank what he thought would be more appropriate . Councilman Burbank stated he is concerned about where it could be built . Councilwoman Leary asked what Councilman Burbank' s main objection was . She wondered if it was because the site was near a conservation zone . Councilman Burbank answered that was part of the problem , but secondly it is physically putting a large concentration of people in an area that will establish a new node of development on a much larger scale . The site is located in a very low density area and the project will urbanize the area . He felt that was not positive for the community . Supervisor Valentino added that it is on a state highway. Councilman Engman wanted to know if this was the same parcel that was planned for the miniature golf course . Mr. Kanter responded that part of the site is. Councilman Engman remembered that there were landownership issues with the property and asked if those problems had been resolved . Ms . Brock stated that it has been resolved . Mr. Kanter added that the site is located in an extremely busy and dangerous area for traffic . Councilwoman Leary thought it would be accessible because it was on a state highway. It is not isolated or remote . Councilman Burbank thought it was very isolated for the Town of Ithaca . Councilman Engman added that the neighboring usage of land include adult entertainment zoning and the propane tank park . He thought this was a very strange use for the neighborhood . Supervisor Valentino suggested that the board considered the proposed options 3 and 4 as laid out in Mr. Kanter' s memo . Councilwoman Leary thought it would be nice to hear from the full board . She did not want to rule the project out and wanted to see more . Supervisor Valentino asked if the board wanted additional information from the applicant . Councilwoman Leary thought that there was a definite need and if the Town rezones , they have a lot of leeway as far as what is allowed . She was concerned about the isolation of the project , but the project would be beneficial because it could be supported by Medicaid . Supervisor Valentino asked how many houses the site could support as it is zoned currently . Mr. Kanter figured that currently there could be 8 single-family lots with up to 2 dwelling units on each lot . He explained that would be a high maximum because required open space and road areas would need to be subtracted out . Councilwoman Leary did not think it would be that extreme to have an 80 bed facility on the site . FINAL Page 7 of 24 APPROVED 1211012007 Supervisor Valentino stated that it would be beneficial to have further discussion with the full board . She asked if the board would be interested in having the applicant come back in January . The board concurred . Mr. Vitale asked if he could make an additional comment . He stated that when the beds were put out for bid , the application was put in for this particular piece of property and approved by the State . He was not sure what the State' s reaction would be if the site location was changed . The State only gives 18 months for completion of the project . Mr. Vitale wondered how long it might take to get the final approved zoning because they are hopeful to break ground by March or April . Supervisor Valentino stated that will not happen and laid out the review process for the applicant . Mr. Kanter explained that it is a minimum of 6 to 9 months of review time . Councilwoman Leary asked if the project could be put on the December agenda . After board discussion , it was decided to put the item on the agenda in January. Mr. Kanter stated that he is not familiar with the State' s process , but with State housing programs and housing tax credit programs that he is familiar with , the State does not give approvals until there is local support and demonstration that there is going to be zoning in place to accommodate a facility. He was confused on how this project might differ from the process he described . Mr. Guttman responded that there was communication from County DSS to the State on the project . Mr. Kanter stated that is the County and they do not have zoning or land use control . Mr. Guttman stated that any State approval has to be contingent on meeting zoning requirements . Mr. Kanter wondered about the use of terminology , how locked in the approvals are , and what it means from the Town ' s perspective . It did not make sense to him . Mr. Vitale stated that when he submitted the application , he sent in the same materials given to the Town . He explained that he was optimistic about the site and putting forth a request to the Town for a zoning change . He let the State know that it looked optimistic from his point of view. The State gave them approval based on that . Mr. Vitale was not sure what the State' s reaction would be . Mr. Kanter added that the Longview addition has been rezoned by the Town Board and will be going to the Planning Board for final site plan approval . He was curious as to whether or not Longview had applied for these same kinds of assisted living program beds because that is what they were talking about for their addition , Councilman Burbank thought that they were applying for skilled nursing . Mr. Kanter explained that they were hoping to get skilled nursing , but because the State is not licensing any new nursing facility beds in Tompkins County , they were hoping to have something in the next level down , which sounds like the assisted living facility program . Supervisor Valentino thought that the Town should look into that . FINAL Page 8 of 24 APPROVED 1211012007 Mr. Guttman offered to provide any additional information to the Board upon request . Councilman Burbank put forth his two concerns . The first being the site is very removed ' from the central living core of the community . It is largely urbanizing a very rural , undeveloped area . Second , what could be done to ameliorate the negative affects on the Lick Brook Conservation district adjacent to the property . Supervisor Valentino thanked the applicants for their presentation . Agenda Item No . 6 = Report of Tompkins County Legislature — Frank Proto County Legislator Proto appeared before the Board and commented that he found the South Pointe Assisted Living Community presentation interesting . He noted that Lakeside Nursing Home was considering applying for additional beds based on the Berger Commission ' s Report . Leg . Proto stated TCAT will be talking about route reconfiguration in the future and the Town should contact Nancy Oltz with any recommendations or suggestions . County Legislator Proto reported that he is coming from a Water Resources Council meeting and the committee had a presentation from Susan Riha . The State is going to be examining the wastewater plants for efficiency and how to bring them into compliance . Supervisor Valentino added that the City' s wastewater plant is in compliance so the Town won 't be affected . She commented that it is going to be another unfunded mandate for municipalities . County Legislator Proto further reported on the following : • The County Legislature is meeting November 20th and will be discussing the Water and Sewer agreement brought forward by the Council of Governments . It would be a review of all existing public water and sewer systems . The first step is an application for grant funding , which would fund 90 % of the project . The IDA would fund the remaining 10 % . • The Legislature will also be discussing its budget at the November 20th meeting . The levy is approximately $ 36 million and the equalization rate is $6 . 87 . • The Bolton Point lawsuit is still under consideration by the court. • The City' s contribution toward TCAT was not as high as TCAT had requested . Service may need to be reduced as a result because the partnership is setup so that all three partners contribute the same amount . Thus , if one partner' s contribution decreases , the other contributions decrease as well . Legislator Proto asked Mr. Noteboom if he had heard anything more about development on Coddington Road , The County is still receiving comments from the public regarding the Coddington Road proposal . Mr. Noteboom had not heard of anything more about the Coddington Road project . Supervisor Valentino thanked Legislator Proto for his report. FINAL Page 9 of 24 APPROVED 1211012007 Agenda Item No . 9 - Consider approval of the Route 96 Corridor Study scope and arrangements and entering into Municipal Agreement to conduct a study ( See Attachment #5 ) r Supervisor Valentino introduced the agenda item to the board . She asked if everyone was satisfied with the language of the MOU provided in the Mailout packet . Mr. Kanter introduced Leslie Schiel , County Planning Department , to the board . She is before the board to provide an update and overview of the study. Ms . Schiel gave an overview of the project . There is a lot of developable land and there is a lot of pressure on land surrounding the 96 corridor. The county has partnered with the City of Ithaca , and town of Ulysses and Ithaca to fund the project . RFPs were sent out at the end of September and proposals were received at the end of October. Interviews are set up with 2 firms during the last week of November. They intend to contract with a firm in the near future so work can begin around the holidays . It is a beneficial time to conduct the study because comprehensive plans are being reviewed . Ms . Schiel noted that one f the purposes of the study will be to look at development scenarios where there is nodal development as opposed to dispersed development along the corridor. Some of the nodes to be explored include the medical center site and Jacksonville . They are interested in keeping land use tied with transportation , how the transportation is impacting different land uses , and how land use and transportation are integrated and work together. Multi - modal options will also be looked at . Councilman Burbank asked if a report will be issued that outlines the issues and makes recommendations . Ms . Schiel explained that the project is laid out so that they will receive 5 technical reports from the consultant . The early reports are analysis and then the last report will be a recommendations- list study- matrix . The very last step would be to create a joint plan and the County is taking that in-house as the technical advisory committee . Mr. Kanter added that they were also hoping that the recommendations would be in a form that would be easily incorporated into any and all of the municipal master plans that are going to be worked on during that time . The timing is good because the project will be completed approximately half-way through the Town ' s Comprehensive Plan update . It will provide a component for the Town to use . Supervisor Valentino asked if someone wanted to move the resolution or if there were more questions from the board . Councilman Burbank moved the resolution . Supervisor Valentino seconded and asked if there was further discussion . Mr. Kanter noted that he has been reviewing the agreement with Susan Brock . They had sent Ms . Schiel a number of* comments on the agreement . The resolution includes language that allows the Town to look at the agreement one more time before signing it . Supervisor Valentino calls for vote . Carried unanimously . FINAL Page 10 of 24 APPROVED 1211012007 TB RESOLUTION NO. 2007494 : AUTHORIZING THE SIGNING OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF TOMPKINS; THE } CITY OF ITHACA ; AND THE TOWNS OF ITHACA AND ULYSSES WITH REGARD TO A CORRIDOR MANAGEMENT STUDY FOR NEW YORK STATE ROUTE 96 WHEREAS, pursuant to General Municipal Law Section 119-o, the County of Tompkins, the City of Ithaca, and the Towns of Ithaca and Ulysses wish to complete a corridor management study of New York State Route 96 within Tompkins County to determine current and projected transportation patterns as they relate to development in that corridor and to make recommendations for mitigation of future traffic congestion and safety issues; and WHEREAS, the above -referenced participants recognize the benefits of preparing a unified study that considers the Route 96 corridor within Tompkins County across jurisdictional lines; and WHEREAS, the participants have agreed to share in the costs of conducting such a study, with the County paying $25, 000 toward the costs of the study, and the City of Ithaca and Towns of Ithaca and Ulysses each paying $8, 000 toward the cost of the study; and WHEREAS, the 2007 Town of Ithaca Budget includes an expenditure of $8, 000 in Account No. A3310. 406 representing the Town of Ithaca 's share toward the study, which was already committed to by the Town of Ithaca Town Board; and WHEREAS, the County of Tompkins has prepared and distributed a draft "Memorandum of Understanding between the County of Tompkins, the City of Ithaca, and the Towns of Ithaca and Ulysses with regard to a Corridor Management Study for New York State Route 96 ', which includes a description of the study scope in Attachment 1 ; and WHEREAS, the Town of Ithaca Transportation Committee at its meeting of October 24, 2007 has reviewed the Memorandum of Understanding and project scope, and recommends that the Town Board authorize the signing of said agreement, now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign the above-referenced Memorandum of Understanding, subject to the review and approval of the Attorney for the Town . MOVED: Councilman Burbank SECONDED: Supervisor Valentino FINAL Page 11 of 24 APPROVED 1211012007 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman, Councilman Stein, Councilman Cowie . Agenda Item No . 10 Consider Resolution regarding training of Planning Board and Zoning Board Members Mr. Kanter stated that State Law requires training of planning board and municipal board members . It authorized municipalities to adopt the State Law or opt out of it . He assumes the Town is opting into the program based upon past conversations and because they' ve determined that training of board members is very valuable . The State Law requires 4 hours of training for each member. If a board member does not get the required 4 hours of training in a given year, then the Town Board would not reappoint the individual . Mr. Kanter explained that the training records would be kept in the Human Resources Department . It would be the Town Clerk' s responsibility to report to the Town Board who has and has not received training for the year. Supervisor Valentino asked if anyone would like to move the resolution . Councilman Engman moved it and Councilman Burbank seconded . With no further discussion , Supervisor Valentino called for a vote . Carried unanimously . TB RESOLUTION NO. 2007= 195: ESTABLISHING MANDATORY TRAINING FOR THE TOWN OF ITHACA PLANNING BOARD AND ZONING BOARD OF APPEALS WHEREAS, the adoption and implementation of local land use decisions have a profound effect on the character of a community and the well being of its citizens; and WHEREAS, the administration of land use laws is a complex and highly diverse process that requires specialized knowledge and familiarity with the applicable laws and regulations; and WHEREAS, well considered and timely decisions, consistent with those laws and regulations, attract quality community development resulting in fewer lawsuits and generally decrease the discord within the community, and WHEREAS, the New York State Legislature in Chapter 662 of the Laws of 2006 approved legislation to establish minimum training requirements for municipal planning and zoning board members (Sections 267 and 271 Town Law); and WHEREAS, the Town of Ithaca Town Board desires to provide for the benefit of its citizens a well trained and knowledgeable body of officials to administer the local land use process; FINAL Page 12 of 24 APPROVED 1211012007 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca, pursuant to Sections 267 and 271 of Town Law hereby establishes the following training requirements for all members of the Town of Ithaca Planning Board and Zoning Board of Appeals: 1 , All Planning Board and Zoning Board of Appeals members, including alternate members, shall be required to complete at least four (4) hours of suitable training each year; and 2. The authority to determine suitable training is hereby retained by the Town Board; and 3. The training requirement may be satisfied by educational activities substantially devoted to planning, zoning, or other land use issues, such as a) attending conferences, seminars or workshops; b) participating in on -line training or tutorials; c) attending college courses; d) reading journal articles or books; or 5) any other educational activities considered acceptable by the Town Board. Training may be offered by a municipality, regional or county planning office or commission, county, regional or state planning federation, state agency, statewide, municipal association, college or university, cooperative extension office, or other similar entity. Attachment A includes an illustrative list of the institutions, organizations and types of training opportunities that are determined to be suitable by the Town of Ithaca Town Board; and 4. A record of annual completion of training shall be maintained by the Town Clerk and a copy provided to the Town Board prior to considering a Planning Board or Zoning Board of Appeals member (both regular and alternate members) for reappointment. Eligibility for reappointment to these Boards shall be conditioned upon completion of the above-referenced training prior to the end of each calendar year, and 5. Suitable training in excess of four (4) hours per year may be accumulated and carried over into the succeeding year for the purpose of satisfying these training requirements. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman, Councilman Stein, Councilman Cowie , FINAL Page 13 of 24 APPROVED 1211012007 _Agenda Item No . 11 - Consider approval of SCLIWC ' s union agreement ( See attachment #6 ) Supervisor Valentino introduced the items stating that this was the third contract the Town has negotiated with the union . They have reached an agreement and the union members have voted to accept the agreement . Ms . Drake walked the board through the changes to the union contract . Supervisor Valentino asked if there were any questions from the board . Councilman Burbank asked who was on the negotiating team . Ms . Drake responded that Supervisor Valentino , Steve Lipinski , Paul Tunison and herself represented management at Bolton Point . Blaise Wright , Peter Middaugh , and their union representative represented the workers . Supervisor Valentino explained that all 5 partners at Bolton Point _would need to vote to approve the union contract. She moved adoption of the resolution . Councilwoman Leary seconded . With no further discussion , Supervisor Valentino called for a vote . Carried unanimously. TB RESOLUTION NO. 2007- 196 : Approval of Contract with the International Union of Operating Engineers for Southern Cayu_ga Lake Intermunicipal Water Commission 's Employees WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Water . Commission 's (Commission) non-managerial employees in the Production and Distribution Departments voted affirmatively on January 31 , 2001 to be represented by the International Union of Operating Engineers for the purposes of collective bargaining; and WHEREAS, in December 2004, the Commission and the employees in the union bargaining unit approved a successor agreement to the original contract; and WHEREAS, the successor agreement expires on December 31 , 2007; and WHEREAS, the Commission, in good faith, entered into contract negotiations with the union for a renewed contract for the contract that expires on December 31 , 2007; and WHEREAS, on November 1 , 2007, the Commission 's negotiating team reached tentative agreement on a contract with the union 's negotiating team; and WHEREAS, the Commission reviewed and approved the tentative contract at the November 1 , 2007 meeting of the Commission; and WHEREAS, on November 13, 2007, the employees in the union bargaining unit ratified the tentative contract; and FINAL Page 14 of 24 APPROVED 1211012007 WHEREAS, the Town of Ithaca Town Board has reviewed the tentative contract and determined it to be acceptable; NOW, THEREFORE, BE IT RESOLVED, the Town of Ithaca Town Board does hereby approve the tentative contract; and, be it further RESOLVED, the Town of Ithaca Town Board authorizes the Commission 's negotiating team to sign said contract as presented. MOVED: Supervisor Valentino SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman, Councilman Stein, Councilman Cowie . Agenda Item No. 13 - Discuss Draft for Storm Water Management Law and refer proposed laws to Planning Board and Conservation Board (See attachment #7 ) a . Proposed referral to the Planning and Conservation Boards regarding a Local Law deleting Chapter 228 of the Town of Ithaca Code , titled " Storm Water Management , " and adding a new chapter 228 titled , " Storm Water Management and Erosion and Sediment Control ; " b . Proposed referral to the Planning and Conservation Boards regarding a Local Law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning , " to add Storm Water Plan Submission Requirements; C . Proposed referral to the Planning and Conservation Boards regarding a Local Law amending Chapter 234 of the Town of Ithaca Code , Titled "Subdivision of Land , " to add Storm Water Pollution Prevention Plan Submission Requirements Ms . Ritter reminded the board that the Town is required to enact the stormwater law because the town is an MS4 regulated community. The draft law needs to be as strict as the New York State law. She thought the law was more strict than the DEC model . Ms . Ritter explained that the State requires implementation of erosion and sedimentation control on any disturbance of soil or land development over one acre . The Town has steep slopes and lots of creeks and the State requirement does not necessarily protect the streams . The draft law lowers the threshold down to requiring FINAL Page 15 of 24 APPROVED 1211012007 10 , 000 square feet for erosion and sedimentation control . Small projects are required to do a simple erosion and sedimentation control plan . They wanted to make sure that the small homeowners and small projects were included without a professional being needed to design the plan . The DEC model also requires permanent stormwater facilities , such as stormwater wetlands or detention ponds , for a commercial or business projects of one acre and housing projects of five acres or more . For the Town , it was decided to look at impervious surfaces . Anything over 10 , 000 square feet of impervious surface would require a permanent stormwater pollution prevention plan ( such as a large parking lot) where the Town would want some kind of treatment off the parking lot . The draft law is also innovative in that it is allowing , in certain situations , non-structural techniques . She thought that everyone is used to detention ponds and manmade creations . DEC and other states have been talking about having areas set aside where the stormwater is disconnected . It does not necessarily have a lot of pollutants in it , but stormwater has been discharged into an open area with grass and it allows the stormwater to filter through it . There are a number of things that are less structural and do not require as much maintenance . Ms . Ritter added the proposal is to have a public comment period on the draft law. Staff would like to prepare a presentation before Christmas and have an informal presentation for the public so that they have an opportunity to learn about the law. Supervisor Valentino thought that the Town Board was going to refer the law to the Planning Board and Conservation Board . Ms . Ritter said that was correct . Both boards would be given time to review the law and provide comments . Councilman Burbank recalled the Town is mandated by the State to pass the law. He wondered if there were penalties for not passing the law by the deadline . Ms . Ritter was not aware of any penalties . She has talked to DEC and they thought that if it was obvious the Town is making progress on the local law then there probably would not be a problem , but they could not say that for certain . There are other towns in New York that are way behind the Town of Ithaca . Councilman Burbank appreciates how the law deals with small scale homeowners , but he was concerned about unnecessarily burdening people doing small projects . He asked for an example of a small scale project that would entail the basic permit. Mr. Walker explained that 10 , 000 square feet would probably be the standard single-family home in a medium density or low density residential zone . The homeowner would be required to put up silt fence or provide other basic sediment and erosion control . Stone access to the driveway would need to be installed so that when trucks travel in and out of the site there is an opportunity for dirt to fall all before traveling on the road . The homeowner may need to put up 200 or 300 feet of silt fence if the lot is sloping all in one direction . The spoil areas would need to be staged as well . It would be part of the site plan required for a building permit . FINAL Page 16 of 24 APPROVED 1211012007 Councilman Burbank asked if there would be a check-off sheet . Mr. Walker responded that there would be as part of the building permit application and an earth fill permit application . Councilman Burbank wondered if a homeowner would be able to understand and implement the requirements without hiring a consultant . Mr. Walker thought the homeowner would be able to , with guidance from staff. Mr. Kanter added that the basic idea was to parallel the existing building permit and /or fill permit process . It would not be creating a new process , but requiring additional , more specific things that should be required during the process . Ms . Brock briefly reviewed how the stormwater law was drafted . She explained there are three separate laws ; the first details stormwater management requirements , the second law amends the Zoning Chapter to add site plan and fill permit submission requirements regarding stormwater , the third law amends the Subdivision Regulations . Chapter 228 of the Town Code , Stormwater Management , will be deleted and integrated into the new Chapter 228 . Supervisor Valentino moved that the Town Board send this on to the Planning Board and Conservation Board for their consideration . Councilman Burbank seconded : Ms . Brock asked if "this" meant all three laws. Supervisor Valentino replied she meant all three laws . TB RESOLUTION NO. 2007497: Referral of Stormwater Local Laws to Plannin_g Board and Conservation Board for recommendations RESOLVED, that the Town Board send the three stormwater local laws on to the Planning Board and Conservation Board for their consideration . MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman, Councilman Stein, Councilman Cowie . Agenda Item No . 14 - Consider Resolution supporting Southern Tier Advocacy & Mitigation Project' s Youth Court activities and upcoming use of Town Board Room for Youth Court Supervisor Valentino recalled the Town Board had a lengthy discussion at a previous board meeting about this agenda item . At the time , the board indicated they were in favor of the project . FINAL Page 17 of 24 APPROVED 1211012007 Ms . Billings stated the proposed resolution does not take into account the actuality of supporting the program . She suggested that the board look at providing the room once a month as opposed to weekly because it could hamper the Town ' s ability to hold meetings and court . Supervisor Valentino commented that there are things that need to be done beyond adopting the resolution . The resolution will put the wheels in motion without a firm commitment . Supervisor Valentino suggested the board move on to the next agenda item until a quorum of the board returned . Agenda Item No . 15 - Discuss the procedure for Town Board appointments to the Planning Board ; Zoning Board and Conservation Board ( See attachment #8) Councilman Engman stated that it would be useful to ask the Ithaca Journal to run an article listing the board openings . Supervisor Valentino suggested that the board openings be sent to other media as well . Ms . Brock brought up that the Zoning Board has 2 alternate positions and 1 regular member position open . The Planning Board has 1 alternate position and 1 regular member position open . Agenda Item No . 14 Cont' d A quorum of the board returned . Supervisor Valentino asked if someone wanted to move the resolution of support for the Youth Court program . Councilman Engman moved the resolution and Councilman Burbank seconded . Supervisor Valentino called for a vote . Carried unanimously. TB RESOLUTION NO. 2007498: Support for Southern Tier Advocacy & Mitigation Project 's Youth Court Activities and Research into the Potential use of Town of Ithaca Town Board Room for its weekly Youth Court hearings. WHEREAS, the Southern Tier Advocacy & Mitigation Project Inc. is a local Not for Profit organization focusing on social justice issues, and WHEREAS, the Southern Tier Advocacy & Mitigation Project Inc. , under the direction of Leslie Jones, a local attorney, is working with teenagers between the ages of 14 and 17 years old to assist them in playing more of a leadership role around issues of delinquency and crime, and WHEREAS, the Youth Court process is a time tested and successful approach throughout the United States, with direction and polices from The Office of Juvenile Justice and Delinquency Prevention (OJJDP) , and WHEREAS, the members of the Ithaca Town Board endorse activities that help train and enhance the abilities of our young people, particularly those who are most at risk. FINAL Page 18 of 24 APPROVED 1211012007 Now, therefore, be it RESOLVED, that the Town Board of the Town of Ithaca hereby endorses the activities of the Southern Tier Advocacy & Mitigation Project, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca endorses the use of its Town Board room for weekly Youth Court activities upon further research and collaboration between the principals of the Southern Tier Advocacy & Mitigation Project and our own legal counsel. MOVED: Councilman Engman SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye . ABSENT., Councilwoman Gittelman, Councilman Stein, Councilman Cowie . Agenda Item No . 15 — Cont' d Councilman Engman commented that according to the correspondence on the board table , the Town Board will also need to appoint a new Planning Boar chairperson . Supervisor Valentino added that the Conservation Board will also need a new chairperson . Mr. Kanter suggested that the Town Board give direction to the Planning Board and Conservation Board to nominate a chairperson . Then the Town Board could consider the nomination . The board could decide to handle it independently as well . Councilman Engman and Supervisor Valentino thought it would be appropriate to have the Planning Board and Conservation Board make a recommendation for chairperson . Agenda Item No . 16 = Discuss request for Union recognition ( See attachment #9 ) Supervisor Valentino moved that the Town Board move into closed session to receive legal advice concerning union recognition . Councilman Engman seconded . Carried unanimously. The Town Board moved into closed session at 7 : 55 p . m . Supervisor Valentino moved that the Town Board enter open session . Councilman Engman seconded . Carried unanimously. Ms . Brock stated that she was preparing resolution language for union recognition . She read the following language , " resolved that the Town Board agrees to have the Reverend David Jones of Bethel Grove Bible Church conduct a card count to verify whether a majority of the employees in the bargaining unit identified in the November FINAL Page 19 of 24 APPROVED 1211012007 5th , 2007 letter by Teamsters Local 317 have designated Teamsters Local 317 as its exclusive representative for purposes of collective bargaining . " Councilman Burbank stated that the proposed language sounded good , but thought it would be beneficial to have a backup person in case Reverend Jones was not able to do the count . He suggested , "or some other mutual acceptable party. " Supervisor Valentino moved the resolution and Councilman Burbank seconded . Carried unanimously. TB RESOLUTION NO. 2007= 199: Designation of person to conduct a card count to verify designation of Union representation RESOLVED, that the Town Board agrees to have the Reverend David Jones of Bethel Grove Bible Church, ` or some other mutually acceptable party, conduct a card count to verify whether a majority of the employees in the bargaining unit identified in the November 5th, 2007 letter by Teamsters Local 317 have designated Teamsters Local 317 as its exclusive representative for purposes of collective bargaining. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT : Councilwoman Gittelman , Councilman Stein , Councilman Cowie . Agenda Item No . 17 - Discuss the distribution of correspondence to the Town Board Supervisor Valentino reported that Councilman Stein had requested the correspondence be copied and provided in board packets instead of being available only at the meeting . Councilwoman Leary stated that she has always wished to have received copies of most of the correspondence in advance of the meeting . She is not able to read them quickly or thoroughly during the meeting . Given the amount of correspondence received , she would like to give it more attention . Supervisor Valentino and Councilman Engman suggested that board members could sign up from which correspondence they would like to receive copies of. The system works well for the Water Resources Council and the Environmental Management Council . He did not like the idea of copying all correspondence , but thought it would be useful to set a policy that if there is a piece of correspondence that is received in time and pertains to an agenda item that it is forwarded to the Town Board . FINAL Page 20 of 24 APPROVED 1211012007 Ms . Billings suggested that the correspondence could be scanned into PDF files and put on an Intranet , which would be a password protected area on the Internet . Then as correspondence comes in , the board can be notified it has been posted to the Intranet . Copies of correspondence could also be made available to the board as needed . Councilman Engman and Councilman Burbank thought that it was a great idea . Agenda Item No. 18 — Consent Agenda ( See attachment # 10 ) Councilman Burbank moved the consent agenda and Supervisor Valentino seconded . Carried unanimously . TB RESOLUTION NO. 2007-200: Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for the following Consent Agenda Items: a . Town Board Minutes b . Consider approval of Floating Holiday c. Approve disposal of audio cassette tapes MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT: Councilwoman Gittelman, Councilman Stein, Councilman Cowie . TB RESOLUTION NO. 2007-200a: Town Board Minutes of November 8, 2007 WHEREAS, the Town Clerk has presented the minutes for the Budget Town Board meeting held on November 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 November 8, 2007 as presented at the November 19, 2007 board meeting. MOVED: Councilman Burbank SECONDED: Supervisor Valentino FINAL Page 21 of 24 APPROVED 1211012007 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT., Councilwoman Gittelman, Councilman Stein, Councilman Cowie . TB RESOLUTION NO. 2007-200b: Approval of Floating Holiday for 2008 WHEREAS, there is an annual poll conducted of all town and SCLIWC employees to determine their preference for the next year's floating holiday, and WHEREAS, the majority of the combined employees of Town Hall and Public Works Facility have indicated, Friday, December 26, 2008 as their preference for the floating holiday, and WHEREAS, the majority of the SCLIWC employees have indicated, Friday, December 26, 2008 as their preference for the floating holiday; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Floating Holiday for 2008 as Friday, December 26, 2008 as requested by the majority of the employees of Town Hall, Public Works and SCLIWC. MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT. Councilwoman Gittelman, Councilman Stein, Councilman Cowie . TB RESOLUTION NO. 2007-200c: Records Management Disposition Listin_g WHEREAS, the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the State Archives and Records Administration (SARA) Records Retention and Disposition Schedule MU- 1 ; and WHEREAS, the Records Management Officer (Town Clerk) has reviewed and approved the disposition of the said records; now, therefore, be it FINAL Page 22 of 24 APPROVED 1211012007 RESOLVED, the governing Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilwoman Leary, aye. ABSENT. Councilwoman Gittelman, Councilman Stein, Councilman Cowie . Agenda Item No . 20 = Report of Town Committees No reports . Agenda Item No . 21 = Intermunicipal Organizations Supervisor Valentino reported that the Council of Governments has almost finished the draft RFPs for dog control services . The draft will be going to the TCCOG meeting on November 29th for approval . The Special Joint Sewer Committee held a special meeting because there has been a concern over the safety of the Sewer Plant with something that was eliminated from the union contract regarding Pager Pay . This leaves the facility without people who could make a rapid response to problems at the sewer plant when they occur. It was shifted to the water plant to notify people of a problem . There have been discussions within the committee and the union . They are hopeful to get the problem resolved . Supervisor Valentino also reported that the Town has had one negotiating session with the City on the Fire Contract . 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O O in ro v O ar O O ^ ro v ro 0_ w Z i.i _ 0 .E o Z ,, ro v v w E L c .� ri Fo- v°r 0- - � • LY • • • • • 4 ,. i [ 3•�ff .j'P' . . i Y � x3 : as O O v� SUNNI r � r °+w SHE 0 IF _ 1XI rot ai a7 N� Y' 1 Apr i � '"`3" � �• P1 � - .. c ' , !" n 1 `` �,,gY ia .t µ , e' • , rx�,.mm . . . ,: ' j. � � �:�. �, �,` r �� fy� 4z �w��dtay�� as �i �1f X �� °£'da-ty� � �� �t'a* � ,. it' ` ? �" ury wr,R4 el < r # 1 ,,. h ,�a` cq�. , '� < �°a`. rt '+1•S,5 mow` gt�arr�.,, • �yy�� t�.6'4, ' S;"`y ^ t V+r '' 'y •¢ y�, rxv co • ,� r.' hi""f cwa3°( 113, �I,5 �D " �,,x• y "SW . y�q,'x�ru�'� �' , 5 @y p. r . pa� IF v v ,�" r�l.#�j{fY� p.� �. ryry2b, , a✓` ^�,r _ d�. , �A°3X ' dk aka .�.ua[� q r q t <f'n '«g ' r ,> N I u 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT # 2 Agenda Item ##b November 19, 2007 TOWN OF ITHACA Public Works Department' s Monthly Board Report October Report for the November 19, 2007 Meeting ROADS ❑x Work continued on Ridgecrest Road storm water project, including hauling gravel for the job . Z We sent three (3) trucks to help the City of Ithaca pave Cliff Street. Z Hot patching continued to get road cuts, driveway cuts, and other spots paved before snow plowing season. 0 We installed a blacktop swale along part of the shoulder of Coy Glen Road, which should eliminate erosion along that stretch. 0 We assisted the Town of Enfield with installing shoulders on several roads. 0 Brush pick up was completed the week of October 151h . The addition of a third Town-owned chipper allowed us to complete the collection in a little more than four days. ❑x Clover Lane was broomed off and we fog sealed the new cold mix pavement. ❑x A new road crossing pipe was installed at the intersection of Rose Hill Road and Muriel Street, and we ditched along Muriel Street from the new pipe up to our ditch along the Northeast Walkway to help improve drainage for the area . We assisted the Village of Trumansburg by providing our flow boy trailer to haul blacktop . We assisted the Town of Ulysses with two trucks for surface treating and later doing shoulders . Z We serviced our salt mixing equipment and worked on all the snow plow trucks and equipment in preparation for the first snow to fall . ❑x The City of Ithaca assisted us with cutting down a hazardous tree on Honness Lane, using their bucket truck and operator. ❑x We tested our leaf vacuum equipment by collecting leaves residents had raked up . ❑x Crushed bank run gravel was stock piled for making shoulder material next year. ❑x Trees were planted to complete two storm water projects done earlier this year at Stone Quarry Road and Northview Road . PARKS AND TRAILS ✓ Mowing and leaf blowing continued at all sites. ✓ Several final details at Pew Trail were completed, including fog sealing the cold mix pavement, paving the three driveways crossed by the new sidewalk along Pine Tree Road, installed the bus shelter, two benches and one bike rack at the transit plaza. ✓ 850 flower bulbs and dozens of perennials were planted under the beautification program grant. All ball fields were aerated and fertilized . Agenda Item #25b November 19, 2007 WATER X Daily inspection at the Trumansburg Road water main project. X We repaired water main breaks on Sanctuary Drive and East King Road . SEWER 0 A total of 147 mark-outs were done for Dig Safely New York. 2 We monitored test digging by DEC along the old NCR sewer main. 2 Weekly pump station checks were performed . 0 Coordinated sewer repair at 118 Troy Road . November Projects 1 . Tub grinding of brush pile . 2 . Leaves pick up and bagged leaf collection. 3 . Finish Ridgecrest Road storm water project and pave driveways . 4. Final park and trail mowing and leaf blowing. 5 . Help the Towns of Danby and Caroline install shoulders . 6 . Snow removal, if necessary . ghk AGEN DA # 19 Town Clerk Monthly Reports October-2007 ENTRY NO. 1 Account Code Account Title Posting Amount A202 Cash in Savings $ 901 . 18 A1255 Town Clerk Fees $ 246.08 A1255 Misc. Bank Fees (cr) $ (74.40) A1556 SPCA Contract $ A1557 Dog Impound Fees S - r > A2188 Facility Use Fees $ 25 .00 A2191 Park Use Fees $ 20.00 A2530 Games of Chance Licenses $ - A2540 Bingo Licenses & Fees $ - A2544 Dog Licenses Apportments $ 684. 50 A2701 Refund Prior Year Expense $ - A1255 Town Clerk NSF Credits $ - Total $ 901 . 18 ENTRY NO. 2 B202 Cash in Savings $ 133499.00 82110 PART-TOWN FUND $ 71989.00 82115 PART-TOWN FUND $ 5 ,510.00 B21 10 Part-Town NSF Credit $ - B2691 Other Town Permit Fees $ - Total $ 13,499.00 J �� Agenda Item # aw November 19 , 2007 Town Engineer' s Report for 11/19/2007 Town Board Meeting EARTH FILL PERMITS Enforcement activity is continuing on tax parcels 26 . 4-2, 26 . 43 and 26. 49 . A fill permit application filed for Tax parcel 27 . - 1 - 14. 2 for excavation and fill for enlargement of a farm pond in an agricultural district, was reviewed by the Zoning Board of Appeals in October and the permit was granted Enforcement Activity is continuing for excavation and fill in excess of 50 cy for Tax parcel 56. 4- 1 . 22 . The Landowner leveled an area of approximately 1 acre that violated the Town of Ithaca Code and also violated the limits of the NYSDEC Storm Water Pollution Prevention Permit issued for subdivision of the property. Staff has met with the Landowner and his Engineer to develop a remediation plan that will be satisfactory to the Town and to NYSDEC. The plan will require review by the Planning Board prior to going to the ZBA. The landowner has proceeded temporary remediation work to stabilize the site for the winter. WATER PROJECTS Trumansburg Road Water Main Replacement LRS Excavation has completed installation of the water main, and is completing testing and chlorination of the water main. After the water main has been tested and chlorinated and the work is accepted by the Town, the contractor will begin to connect existing water services to the new main. Hanshaw Road Water Main Replacement The Construction Contract was awarded to LRS Excavation and pipe installation began on November 51n Installation of the main is scheduled to be completed by the end of November, with service changeover completed in December. East Shore Drive Water Main Replacement The engineering department is continuing survey and design activities on this main with the goal of replacing the main in 2008 . The Town of Lansing has asked us to include a section of water main on East Shore Drive in Lansing in the project . The engineering department will develop an agreement for Board approval to do this work for Lansing at their cost . SEWER PROJECTS Joint Interceptor Sewer Projects Work on the Aurora Street in the area between Prospect Street and Columbia Street is nearing completion. Construction of the final portion of this link has been slow because of the amount of hard rock that was encountered. This section will be the last part of the Interceptor Project. TOWN ENGINEERS REPORT 10/ 15/2007 STORM WATER MANAGEMENT The Town Engineers office is continuing to work on the watershed plan for the Town. The first phase of the report for the entire town includes locating all pipe outfalls in the Town. Watershed maps for all areas of the Town are being prepared which will include information of land use and soils used for watershed modeling. Development of this plan is a requirement of the MS4 program. DEVELOPMENT REVIEW WESTVIEW SUIBDIVISION The Engineering staff is monitoring the sediment and erosion control program for the site. The Phase II additional erosion control measures have been installed and are functioning. Infrastructure for phase 2 has been completed and accepted by the Town. OVERLOOK ON THE WEST HILL The Project has been completed . The permanent Stormwater management facilities will be monitored and inspected on an annual basis . BIGGS BUILDING DEMOLITION Demolition of the old Biggs A building has been completed . Final site restoration including reseeding has been completed and the Engineering Department is monitoring the vegetation until good cover is established and the temporary sediment controls are removed in the spring. CONIFER VILLAGE (Linderman Creek Phase 4) Site work for the senior housing project on Conifer Drive north of Mecklenburg Road has been substantially completed, including installation of the Storm Water Management system and utility installation along with the mass grading for the site. Conifer Drive has been installed and was paved in September. Building Construction is underway. Sediment and erosion controls are being monitored. HOLLY CREEK Infrastructure improvements and rough site work has been completed. Engineering staff is continuing to monitor the Storm Water Management system. Town staff is waiting for record drawings, and deeds prior to acceptance of the road and utilities . COUNTRY INN & SUITES Sediment and erosion controls are being monitored for the site. Final restoration of the site needs to be completed . Town Engineer's Report November 19, 2007 Daniel R. Walker Page 11 /14/2007 t, TOWN ENGINEERS REPORT 10/ 15/2007 Town Engineer's Report November 19, 2007 Daniel R. Walker Page 3 11 / 14/2007 O F I T� ° TOWN OF ITHACA PLANNING DEPARTMENT 18 z� 215 NORTH TIOGA STREET, ITHACA, N . Y . 14850 Jonathan Kanter, A.I.C.P. (607) 273-1747 Director of Planning FAX (607) 273-1704 Planning Director ' s Report for November 19 , 2007 Town Board Meeting DEVELOPMENT REVIEW October 2 , 2007 Planning Board Meeting : Moore Dock Modification, 1028 East Shore Drive : The Planning Board denied the requested modification of the previously approved dock at 1028 East Shore Drive (NYS Route 34), Town of Ithaca Tax Parcel No . 19 .-2- 16, Lakefront Residential Zone. The proposed modification involves a change in the location of the dock, approximately 2 . 5 feet south from what was originally approved. Michael Moore, Owner/Applicant. Conifer Bus Turnaround, 200 Conifer Drive : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed modification to the Conifer Village at Ithaca Senior Apartments project located at 200 Conifer Drive, Town of Ithaca Tax Parcel No . 27- 1 - 13 . 17 , Multiple Residence Zone . The modification includes constructing a new bus turnaround off Conifer Drive to the west of the existing bus turnaround . The turnaround would be used by both TCAT and Ithaca School District buses . Ithaca Senior Living, LLC, Owner; Conifer Realty, LLC, Applicant, Cornell University Merrill Family Sailing Center, 1000 East Shore Drive : The Planning Board granted Final Site Plan Approval for the proposed Merrill Family Sailing Center located at 1000 East Shore Drive, Town of Ithaca Tax Parcel No . 19-2 -29, Lakefront Commercial Zone. The proposal involves the demolition of the existing sailing center building for the construction of a new, two-story, +/-6 , 787 square foot sailing center with observation deck . The proposal will also include the construction of a new +/- 1 ,200 square foot boat storage shed located south of the existing bathhouse, expansion of the existing parking area, and improvements to the gravel boat launch . Cornell University, Owner/Applicant ; Robert Blakeney, Agent. October 16, 2007 Planning Board Meeting : Henry 2-Lot Subdivision, 1020 Hanshaw Road : The Planning Board granted Preliminary and Final Subdivision Approval (re-application) for the proposed 2 -lot subdivision located at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No . 71 - 1 -66 . 2 , Medium Density Residential Zone. The proposal involves subdivision approval to legalize the existing lines for the 1 . 7 +/- acre parcel (labeled "C"), which was subdivided without the Town of Ithaca approvals . Sheri Johnson Henry, Owner/Applicant; James R Henry, Agent. Mathers/Patterson Dock Pilings, 909 Taughannock Boulevard : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed installation of two new pilings on the south side of the existing boat lift at 909 Taughannock Boulevard, Town of 5 ou i�o�7thac`a` R��anning�Diect©rR��pcirt��` '' �;, , tVov�;rrzbet 1.9,�21?,(�7.��'0 ,n Boor .Meetzng . Ithaca Tax Parcel No . 25 -2-9, Lakefront Residential Zone. Bonnie Mathers and Marilyn Patterson, Owners/Applicants . November 6, 2007 Planning Board Meeting : Cornell T-GEIS — Presentation and Discussion : The Planning Board heard a presentation and had a discussion regarding the Cornell Transportation-focused Generic Environmental Impact Statement (T-GEIS), focusing on the internal meetings with Cornell faculty, staff and students regarding possible mitigation strategies . David Lieb, Cornell University and Kathryn Wolf, Trowbridge & Wolf, LLP , Presenters . Ithaca College Emergency Alarm System, 953 Danby Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed mass notification system on the Ithaca College Campus, 953 Danby Road, Town of Ithaca Tax Parcel No . ' s 41 - 1 -30 . 2 and 42 - 1 - 13 . 2 , Medium Density Residential Zone . The proposal involves installing two mass communication poles to deliver emergency warnings and messages to the College campus community. One pole will be mounted on the roof of the Campus Center ( 10 feet above roof) and the second will be mounted on a wooden pole (50 feet high) between Wood Field and College Circle Road . Ithaca College, Owner/Applicant ; Richard Couture, Agent , East Hill Plaza — Conversion of Former Rite Aid Space, 323 Pine Tree Road : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed conversion of the former Rite Aid location in the East Hill Plaza located at 323 Pine Tree Road, Town of Ithaca Tax Parcel No . 62 -2 - 1 . 121 , Community Commercial Zone. The proposal involves splitting the former Rite Aid space into two new rental units for Cayuga Press, Inc. and Sedgwick Furniture. Cornell University Real Estate Department, Owner/Applicant; Maria B . Maynard , Property Manager, Agent. Cornell University Animal Health Diagnostic Center, Located off Caldwell Road : The Planning Board granted Final Site Plan Approval for the proposed Cornell University Animal Health Diagnostic Center located off Caldwell Road in the northeast corner of the College of Veterinary Medicine Complex , Town of Ithaca Tax Parcel No . ' s 67- 1 - 10 . 2 and 67- 1 - 10.4, Low Density Residential Zone. The proposal includes the demolition of several small cinder block buildings for the construction of a new +/- 126 ,000 square foot, +/- 70 foot tall , facility to include laboratories (rated with Biological Safety Levels of 2 and 3 ) and office space. The primary use of the facility will be for veterinary disease diagnostic programs associated with necropsy and histopathology, and will also include teaching programs and other research and support activities. The building will be physically connected to the existing Schuman Hall, associated with the Veterinary College. The project will consolidate 70 existing parking spaces currently scattered throughout the site, and add approximately 8 new spaces (4 handicapped spaces and 4 short term drop off spaces) . The project will also include development of new stormwater management facilities . Cornell University, Owner/Applicant; John M . Keefe, Agent. Sketch Plan Review — Cornell University Combined Heating & Power Plant Project, Dryden Road : The Planning Board reviewed a sketch plan for the proposed Cornell University Combined Heat and Power Plant project located to the south of the Central Heating Plant on Dryden Road, Town of Ithaca Tax Parcel No . ' s 63 - 1 -5 , 63 - 1 - 8 . 1 and 63 - 1 - 8 . 2 , City of Ithaca Tax Parcel No . ' s 65 - 3 - 1 .2 and 65 - 3 - 1 . 1 , Light Industrial and Low Density Residential Zones . The proposed addition 2 To� ,��of Ithaca P�Iannan�D, e�ctor��s�eport.. i, November 19, 21�D dwn�Boarci �Yleeting. ., will occupy a footprint of approximately 17 , 000 square feet and includes two partial levels plus a mechanical penthouse. The addition will house two combustion turbine generators which will be matched with a dual-pressure heat recovery steam generator. The project will also include new emergency diesel generators, an aqueous ammonia storage facility, and other site improvements . The project site is split between the City and Town of Ithaca. Cornell University, Owner/Applicant ; Tim Peer, P . E . , Agent . Reviews for Zoning Board (ZBA) : Six applications for the Zoning Board were processed since the October report as follows, resulting in four variances granted with conditions, one application denied, and one application referred back to the Planning Board to consider additional information : October 22 , 2007 ZBA Meeting: DENIED - APPEAL of Scott Trelease, Owner/Appellant , requesting the modification of a use variance from the requirements of Chapter 270, Article XIX, Sections 270- 144 and 270- 146 of the Town of Ithaca Code, to be permitted to increase the outdoor display of trailers, snow plows, truck caps and/or other items located at Truxx Outfitters, 630 Elmira Road, Town of Ithaca Tax Parcel No. 33 -3 -3 , Light Industrial (LI) Zone. The Zoning Board of Appeals granted the business a use variance on December 20, 2004 . Retail sales and outside display of goods is prohibited in the LI Zone . GRANTED - APPEAL of John Rancich, Owner/Appellant, requesting Special Approval per the requirements of Chapter 270, Article XXVI, Section 270-217 , to be permitted to excavate a farm pond on the Marshall Farm property located on NYS Route 79 (Mecklenburg Road), Town of Ithaca Tax Parcel No. 27- 1 - 14 .2 , Agricultural Zone. The deposit or extraction of more than 250 cubic yards of fill requires Special Approval from the Zoning Board of Appeals . GRANTED - APPEAL of Michael Moore, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VII, Section 270-47(C) of the Town of Ithaca Code, to be permitted to maintain a newly constructed home at 1028 East Shore Drive, Town of Ithaca Tax Parcel No . 19-2- 16, Lakefront Residential Zone (LR) . The Zoning Board of Appeals granted a variance on May 15 , 2006 to permit the construction of the home with a 10-foot setback from the northern and southern property boundaries . The home was actually constructed 9 . 8+/- feet from the southern property boundary . The ZBA also granted a variance on June 18 , 2007 , to permit the construction of an entranceway on the southern side with a 5 '4 " setback from the southern property boundary. The constructed entrance is 4'8 "+/- from the southern property boundary. GRANTED - APPEAL of Shan Varma and Kimberley A . Owen, Owners/Appellants, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-60(C) of the Town of Ithaca Code to be permitted to construct an addition to an existing home located at 10 Apple Blossom Lane, Town of Ithaca Tax Parcel No . 33 -3 -8 . 14 , Low Density Residential (LDR) Zone. The proposed addition will encroach into the required side yard setback for structures in an LDR Zone . ADJOURNED - APPEAL of Sheri Johnson Henry and James R. Henry, Owners/Appellants, requesting variances from the requirements of Chapter 270, Article IX , Sections 270-73 (B) and (C) of the Town of Ithaca Code to create a lot by subdivision, located at 1020 Hanshaw Road, Town of Ithaca Tax Parcel No . 71 - 1 -66 .2, Medium Density Residential Zone (MDR) . The parcel has insufficient lot widths at the street and at the required setback for parcels within the MDR Zone . The ZBA referred this application back to the Planning Board for further consideration. GRANTED - APPEAL of Cornell University, Owner/Appellant, John M . Keefe, Agent, requesting a variance from the requirements of Chapter 270, Article VIII, Section 270-59 of the Town of Ithaca Code, to 3 Town o Ithaca PI nnin�Dirtor ' Re ort=- ' � ,@November�l�9, 2fR3a7 Town Board rMeetang be permitted to construct a 126 ,000+/- gross square foot Cornell Animal Health Diagnostic Center, located on the Cornell University Campus near Farrior and Caldwell Roads, Town of Ithaca Tax Parcel No. 's 67 - 1 - 10 . 2 and 67- 1 - 10 .4, Low Density Residential (LDR) Zone . The proposed building will exceed the maximum height allowed for structures in the LDR Zone. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month . Comprehensive Plan Review Committee : The Comprehensive Plan Review Committee met on October 18 , 2007 and discussed the recommended make-up and structure of a committee to coordinate the update of the 1993 Comprehensive Plan , The Committee also discussed holding an open house to report on the work of the Review Committee and to find out who might be interested in working on the Plan update . There was also a brief report on the availability of grants from New York State for local farmland protection plans, which can be part of a comprehensive plan. The next Committee meeting is scheduled for Wednesday, November 14th, 2007 at 4 : 00 p .m . to complete recommendations to the Town Board regarding an update of the Plan, including the structure and make-up of a committee to coordinate the Plan update process and a report on the Committee ' s summary recommendations to be sent to the Town Board . Codes and Ordinances Committee (COQ : The Committee met on October 17th and November 7th, 2007 and completed review of the proposed stormwater management law, began a discussion regarding the State mandated regulations for illicit discharges into municipal storm sewer systems , and discussed comments received regarding the proposed amendments to the Lakefront Residential Zone (dock regulations) . The draft stormwater management law will be sent to the Town Board for consideration of forwarding the law to the Planning Board and Conservation Board for recommendations . The Committee also agreed to hold an informal public information meeting on the proposed stormwater management law, prior to holding formal public hearings . Staff also reported on the need to clarify the current Zoning regulations regarding non-conforming uses (Article XXV of the Town of Ithaca Code) . The next COC meeting is scheduled for December 19, 2007 . Tentative agenda items include continuation of review of proposed State mandated regulations regarding illicit discharges into municipal separate storm sewer systems and continuation of discussion regarding comments received regarding the draft amendments to the Lakefront Residential Zone and dock regulations . Transportation Committee : The Committee met on Wednesday, October 24 , 2007 and heard a presentation by Cornell University representatives regarding the Transportation-focused Generic Environmental Impact Statement (T-GEIS), focusing on the internal meetings that Cornell has been having on possible transportation mitigation strategies with Cornell faculty, staff and students, and discussed the Route 96 Corridor Management Study, which the Tompkins County Planning Department is coordinating with the Town and City of Ithaca and Town of Ulysses . The Committee agreed to send a recommendation to the Town Board supporting the scope of the Study and recommended that the Town Board authorize entering into an inter-municipal agreement among the participating municipalities to conduct the Study. The next Committee meeting is tentatively scheduled for November 28 , 2007 . 4 T'owri gof'Ithaca a Plannan"gl�sreclo`r`'sRep ro r ONovember 1;9, 20071 own Board Meetang E ..Ei Conservation Board : The Conservation Board met on October 4`h and November 1 s% 2007 . Agenda items included discussion and comments on the Scenic Resource Committee' s final report, committee reports and updates, comments on the draft Town Wind Energy Facility regulation, and discussion regarding the draft Stormwater Management Local Law . The next meeting is scheduled for December 6, 2007 , Route 96 Corridor Management Study: The Tompkins County Planning Department held a meeting with the participating municipalities to review the responses to the RFP (Request for Proposals) that had been sent out in September. The County has received two proposals . The reviewing committee has agreed on a preferred consultant, and has invited that firm to attend an interview and pre-contract meeting to discuss their proposal in more detail . The project scope and inter-municipal agreement to be signed by the participating municipalities is scheduled for Town Board consideration at the November 19`h meeting. Consultant Study of Northeast Area of the Town : Planning staff has been working with LeCain Environmental Services, Inc. , the consultant selected by the Town Board, to finalize a contract agreement between the Town and the consultant. Staff has provided the consultant with the resource materials and other information listed in the RFQ (Request for Qualifications) . The consultant has conducted preliminary site visits to get an overview of the study area and its characteristics . Staff met with the consultant and agreed that the first interim report, outlining the consultant ' s initial observations and indicating the next steps in the study, would be prepared and completed by the end of November, and that the consultant would be available to attend the December 10, 2007 Town Board meeting to present the interim report to the Town Board , Gateway Trail : Planning, Engineering and Public Works staff met with a representative of the NYS DOT (Dept. of Transportation) to discuss the administrative requirements of the Gateway Trail grant. The State has approved and signed the Phase I portion of the grant, and the next step for the Town is to prepare a report regarding the scope of the project. The scoping report will document existing conditions, significant issues that need to be addressed in project design and planning, possible alternative trail alignments and solutions, and pending right-of-way issues. Following the scoping report, the next step will be preliminary design and engineering for the trail project. Housing Trust Group : A group of representatives from the Town and City of Ithaca, Tompkins County, Better Housing for Tompkins County, Ithaca Neighborhood Housing Services (INHS), Rural Opportunities, Inc. , Tompkins County Area Development (TCAD), has been meeting to discuss and advance strategies for affordable housing, including the housing trust model, in which a municipal or not-for- profit organization purchases and holds land available for lower cost housing development, and a housing affordability fund, that would include a dedicated source of funding for qualifying housing developments . During this time, Cornell University has announced its commitment to make $20 million available to invest in the community over the next ten years for what appears to be primarily transportation and housing initiatives . This funding commitment will become clearer in the near future. Meanwhile the housing trust group will be continuing to meet to discuss specific strategies that might be able to take advantage of this financial commitment from Cornell . Economic Development Collaborative : The Collaborative met on October 25 , 2007, and discussed a number of programs, including an update on the Housing Strategy for Tompkins County, a proposed 5 r kr; a Y -.ytaf +', . ' 'SP3 � §�€ its � d�S 6 k s � •' Town of7thaca�.Plannrng�Dtr ec[or 's Repor�� _ �� November 1'9, 2UD7 .T©wnBoard Meetrng„ E a county-wide sewer and water infrastructure study initiated by TCAD , an update on tourism in the County, and Comell ' s announcement regarding its $20 million investment in the community (refer to Housing Trust Group above) . Safe Routes to School Grant Program/Northeast Walkability Study: Planning and Public Works staff met to discuss preliminary ideas for a possible grant application for the upcoming Safe Routes to School program . Possible grant projects identified in the Northeast Walkability Study include enhancements/improvements to the Northeast Walkway, adding a walkway along Warren Road between Hanshaw Road and the DeWitt Middle School , and addition of a sidewalk along Muriel Street, along with traffic calming measures and crosswalks. This might be put on the Transportation Committee agenda for the November 27`h meeting and/or the December 4`h Public Works Committee meeting. Pennsylvania/Kendall Avenue Zoning: The Director of Planning met with the Town Board committee (Peter Stein and Pat Leary) to discuss possible zoning changes that could address the occupancy issues that have been identified in the Pennsylvania/Kendall Avenue areas . Planning staff will prepare a housing inventory of areas zoned High Density Residential (HDR) to identify the number of one- family, two-family and multi-family houses in those areas, as well as locations of reported complaints and/or violations regarding occupancy. 6 w Regular Meeting of the Ithaca Town Board , November 19 , 2007 Human Resources Report for October 2007 Personnel Committee : Committee met October 11th and October 18th . Committee continued discussions regarding new positions in the 2008 budget. The Planner position for 2 years and the 2 new seasonal public works laborers were recommended . The committee has not come to a conclusion on the Code Enforcement Officer position . The committee will meet with the IFD again on November 29 , to discuss their proposal to do the fire inspection work for the town . There was a joint meeting of the Employee Relations Committee and the Personnel Committee on September 14th to discuss the 2008 cola and concerns that the employees had . The next joint meeting will be December 6th 1 -3 pm . Safety Committee : See attached minutes from the September 28th meeting . Next meeting will be November 30th Most of Town Hall employees have attended the Safety Refresher which is held every other. year. The training , which I conduct , includes ; Right to Know , MSDS , Evacuation Plan , Sexual and workplace harassment prevention and Violence in the Workplace prevention . Training and Development : The last session for the year of the Brainteasers was held with good attendance . Rich Gallagher facilitated a session on Painless Feedback . Planning has begun on the 2008 schedule of training sessions . Planning for the all day training on December 7th has taken some time . Some logistics are still being worked out so the location of the training is still to be determined . All employees will be asked to report to work that day by 8 : 30 a . m . and will be let go by 3 : 00 p . m . Payroll : We ran for the first time disbursement checks off the system outside of a pay date . This process seems to work correctly, so that wellness , uniforms , longevity and vacation buyback will now be paid on a separate check from payroll . Time was dedicated to the payroll budget for the 2008 budget . Invitations to the year end luncheon went out to the employees in paychecks . Personnel — Civil Service : No changes in staff. Most of the seasonal employees will be finishing up in November as we finish up leave pick up . a, Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : No new claims to report . Workers' Compensation ( Public Employers Risk Management Assoc — PERMA) : No new claims to report. Disability Insurance : Both employees that were out on disability in October have returned to work with some light duty limitations . For our Long Term Disability we have received an increase in our rate again for 2008 . 1 have requested our insurance representative to look at other companies for lower rates . Unemployment Insurance : No new claims to report . Health and/or Dental Insurance : Renewal rates came in and .not surprising with rate increases . The board discussed the rates at the November budget meeting . I continue to attend the committee meeting of TCCOG on the Health Benefit Consortium . We are in the process of working with Locey and Cahill on the document municipalities interested in the consortium would agree to if they join . The next phase is comparing the current plans and union agreements . See attached letter from Michael Ocello regarding his health insurance . He has cancelled his coverage with the Town as his hours with the City has allowed him to pick up coverage at the City. . Retirement: Preliminary billing for the State Retirement System has been received . The total cost for the 2008 bill is $ 311 , 000 . The bill is due February 2008 , but we will pay it by December 15 , 2007 to take advantage of the discount . The rates were 8 . 9 % for Tier 3 & 4 , 11 . 1 % for tier 2 and 12 . 1 % for tier 1 , which are less than in previous years . Union : I met with the Public. Works staff to answer questions they had regarding their current benefits and what- ifs . The Town did receive notification from Teamsters that they had enough cards signed by the public works staff to be recognized . I have received from Lansing , Dryden , Caroline and Cayuga Heights copies of their union agreements with Teamsters to review. Submitted By: Judith C . Drake , PHR , Human Resources Manager Y Safety Committee Minutes, September 28, 2007 Page 1 TOWN OF ITHACA Safety Committee Friday, September 28, 2007, 8 : 00 AM Public Works Facility Present: Fred Noteboom, Dave Boyes, Jon Munson, Judy Drake, Creig Hebdon, and Kristie Rice . Minutes : The August 3, 2007, minutes will be approved at the next meeting. Incidents and Accidents The HAVAC system in Town Hall has been releasing odors into the building. This caused at least one person to have a difficult time breathing and eyes burning . The Maintenance Work will be changing the filters in the system next week. He will also schedule to have the duct work cleaned out. There was a discussion regarding allowing employees (at Town Hall) to get assistance with problems because all problems are to go through the Town Engineer and he sometimes does not feel problems are warranted . Town Hall Walk Through Dave Boyes and Joe Hulbert completed the walk through for Town Hall . Dave said that there were only some things that needed to be corrected . They are noted on the walk through sheet. The list worked well . The Committee discussed the problems in the parking lot. Because the entrance on Aurora Street has been left open, drivers are starting to go through trying to "beat the light" . The Committee discussed getting a gate for the Aurora Street side that would have to lift up (using an eye) or be controlled remotely, like a garage door opener . The Committee discussed the fire extinguisher and that the Town should look into another company, as the current one is not timely . Judy Drake said that Town Hall will have their bi-annual safety training in October. Safety Committee Minutes, September 28, 2007 Page 2 Employee Security Survey Judy handed out the final tally and comment sheets to all members of the Committee . Areas. of concern at the Public Works Facility included lighting, which is being addressed and problems in the field with the public . Judy said that there will be a training session on December 7th, which will include diversity training and " customer relations" training. Areas of concern at Town Hall included lighting in the parking lot, the visitor system, the PEZ area counter space, confrontation with co-workers, and the locking the doors . Locking the doors has been address . Judy said that the NIMER (the Town' s Insurance Company) reported that the man-door should be locked . The Committee agreed that a report, along with a copy of the final tally and comment sheets, should be given to the Town Board . We will present this to the Town Board at their October 1511, meeting. We will revisit this issue at a later date to see if progress has been made . Dangerous Intersections Creig Hebdon said that he has not had time to work on this, so we will put this on the next meetings agenda. The next meeting has been moved from December 7th to November 30th . Items to be included in the agenda : Incidents and Accidents Dangerous Intersections The meeting was adjourned at 9:30 a .m. ghk r • RECEIVED Michael A. Ocello 519 Warren Road OCT 1 2007 Ithaca , N . Y . 14850 TOWN OF ITHACA HUMAN RESOURCES Town Of Ithaca Attn : Judy Drake 215 N . Tioga Street Ithaca , New York 14850 October 4 , 2007 Dear Judy , You know it never ceases to amaze me the way life twists and turns . The City of Ithaca has offered me a permanent half time position with full benefits . I never would have imagined that ! I , of course , have accepted their offer. Their health insurance will cover my wife Lois . She has Medicare now and it is not very good . This new development in my life causes me to request that my health insurance with the Town of Ithaca be canceled as of November 1 , 2007 , The Town Board saved my financial life by providing me health insurance coverage and I appreciate their kindness more than I can say. I hope that this change will be a good one for my family as well as the Town of Ithaca . Should you_have . questions you can reach me at home_ 257_-_8_ 325 , at work 272- 1717 or on my cel 227-0678 . Sincerely , Michael A. Ocello OF 177 _ 9`' a TOWN OF ITHACA 18 2' 215 N . Tio a Street Ithaca N . Y . 14850 www . town . ithaca . ny . us TOWN CLERK 273- 1721 FIIGHWAY ( Roads, Parks, Trails, Water &Sewer) 2 73 - 165 6 ENGINEERING 273 - 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273 - 1704 To : Cathy Valentino , Supervisor Town Of Ithaca Sandy Gittelman, Councilperson Will Burbank, Chair Recreation & Human Services Committee Peter Stein, Councilperson Pat Leary, Councilperson Jeff Cowie, Councilperson Herb Engman, Councilperson From: Marnie Kirchgessner, Recreation and Youth Coordinator October 2007 Youth Employment A wrap up meeting was held at County Youth Services for the Youth Employment Service Providers to discuss transition services for youth who could benefit ongoing employment . One youth who referred to the SWI program but qualified for a Summer Tanif position was starting in a Learning Web Program with group support and transition to a SWI position at the same site. This is an example of how the providers collaborate to provide a continuum of support for participants . Recreation Partnership A three hour planning meeting occurred on 10/23 lead by state representative Denise Dyer to asses and determine planning priorities for the group under the revised agreement . The Board hopes to have a work plan in place by the end of December with meetings scheduled on 11 /27 and 12/ 111 Recreation and Human Service Committee Karen Billings joined the committee for a productive discussion of potential window displays for the lobby. It was agreed a display on Tutelo Park and the Festival would be easily done, attractive and educational as a replacement for the Lifelong. For the immediate future easily done, attractive and educational is the intent . As staff looks at possibilities for funding for youth to work on displays highlighting the Town ' s Legislation/process i. e. How the Town budget is developed. Related Activity • Meeting with Rich Schoch & Fred Noteboom to discuss potential use of volunteers and related mutual objectives • Attendance at JYC meeting and follow-up on related appointments • Participation in community development training • Participation in time management training • Attendance at Recreation Coordinators meeting • Meeting with Representatives of the Cal Ripkin League with Rich Schoch Agenda Item #25h November 19, 2007 i • Participation in Relational Aggression (Bullying) training • Attendance at the Human Services Coalition Board Training • Attendance at the Whole Conununity Project • Attendance at the County Youth Services Brown Bag Youth Forum on youth transportation issues Agenda Item #25h November 19, 2007 Town of Ithaca Code Enforcement Monthly Report 10/1 /07 Until 10/31 /07 tBuilldincc 9 Permits P # Date Value Description fee category 6985 10/1 /2007 $ 100 ,000 .00 Update interior finishes and bring $200 .00 business facilities into ADA Compliance 6986 10/3/2007 $240 ,000 .00 Build new home $550 . 00 new two-family homes 6996 10/4/2007 $75 ,000 .00 Suite 100 concrete pad & install $200 .00 business stationary upright storage tank for liquid nitrogen 6987 0/10/2007 $ 149300 .00 Remove roofing down to wood decking , $60 .00 renovations to install new shingles residential 6989 0/12/2007 $4 ,500.00 Replace rotted porch posts, repair rotted $35 . 00 renovations to stair joists residential 6988 0/15/2007 $2 ,214.00 Insulation $25.00 renovations to residential 6990 0/15/2007 $20 ,000 .00 Close in the porch $60 .00 renovations to residential 6991 0/17/2007 $257000 .00 Create opening between office areas $70 .00 business 6992 0/17/2007 $ 100 ,000 .00 Interior Office Modifications - demolition $200 .00 business Phase 1 6993 0/18/2007 $50 ,000 .00 Garage $100 . 00 miscellaneous 6994 0/18/2007 $200 ,000 .00 Site work $550 .00 miscellaneous 6995 0/18/2007 $30 ,000 . 00 Install new playground $0. 00 miscellaneous 6998 0/23/2007 $9,500. 00 Re-roof, add 1 dormer & 2 skylights $45.00 renovations to residential 6997 0/23/2007 $ 100 ,000 .00 Single-family home addition $200 . 00 additions to residential 7001 0/24/2007 $ 129000 .00 Reconfigure existing habitable space to $60 .00 renovations to create ADA bathroom residential 6999 0/2412007 $30,076 .47 Kitchen remodel $ 100 .00 renovations to residential 7003 0/25/2007 $807000 .00 Renovate existing restrooms on 1 st and $200 .00 business 2nd floor factory (south end ) 7002 0/25/2007 $300 ,000 .00 New 4 bedroom , single-family home with $700 . 00 new single-family attached 2-car garage homes � I i 7005 0/25/2007 $25 ,600 .00 256 sq ft addition to single-family home $70. 00 additions to residential J Thursday, November 01 , 2007 Page 1 w Town of Ithaca Code Enforcement Monthly Report 10/1 /07 Until 10/31 /07 7004 0/25/2007 $9,200.00 Replace existing roof and siding $45.00 renovations to residential 7007 0/26/2007 $20 ,000 .00 Remodel single-family home $60. 00 renovations to residential 7006 0/26/2007 $ 10 ,000 .00 Remove existing asbestos siding and $45.00 renovations to replace with vinyl residential 7010 0/30/2007 $90 ,460 .00 Construct 200 + sq ft room addition and $200 . 00 additions to deck residential 7008 0/30/2007 $ 11 ,400 .00 Tear off and replace existing roof cover $60 . 00 renovations to residential 7009 0/30/2007 $2 ,200.00 Tear off and replace existing roof cover $25.00 renovations to residential 7011 0/31 /2007 $9 ,000.00 Remove existing roof cover and install $45.00 renovations to new metal roof panels residential Totals $195707 450 .47 $31905.00 Certificates of Occupancy BP # Address Description CO Temp 6345 123 King Rd E Construct 8 unit apartment building 10/1 /2007 ❑ 6509 100 Rachel Carson Wy Bus shelter 10/1 /2007 ❑ 6897 432 Winthrop Dr 308 square foot enclosed deck with roof 10/3/2007 ❑ 6538 261 Coy Glen Rd Convert single family home into two- 10/5/2007 ❑ family home 6852 180 Calkins Rd Construct 1 , 728 square foot accessory 10/5/2007 ❑ building in rear yard 6910 201920 Tibet Dr Construct new monastery 10/9/2007 6666 29 Renwick Heights Rd Dormer and change staircase 10/12/2007 ❑� 6971 110 Eastern Heights Dr Front deck addition 10/16/2007 ❑ 6907 136, 13 Seven Mile Dr New pad and mobile home 10/1612007 ❑ 6841 154 Kendall Ave 3 bedroom single-family home - no 10/18/2007 garage 6680 950 Danby Rd Create office Suite 136 in 2nd floor 10/22/2007 factory building 6785 950 Danby Rd Remodel Suite 139 for Applied Benefit 10/22/2007 ❑ Solutions i I Thursday, November 01 , 2007 Page 2 M Town of Ithaca Code Enforcement Monthly Report 10/1 /07 Until 10/31 /07 6989 101 Brandywine Dr Replace rotted porch posts , repair rotted 10/22/2007 ❑ stair joists 6784 950 Danby Rd Remodel TPG test chamber area 10/22/2007 ❑ 6633 395 Pine Tree Rd New 57 ,600 square foot office building 10/23/2007 ❑ 6633 395 Pine Tree Rd New 57 ,600 square foot office building 10/23/2007 ❑ 6959 305 Roat St Interior renovations - convert living room 10/26/2007 ❑ into two rooms - install egress windows 6991 349 Pine Tree Rd Create opening between office areas 10/26/2007 ❑ 6937 1038 Danby Rd New single-family modular home 10/30/2007 ❑ Complaints Date Address Complaint Type Disposition 10/10/2007 1028 Ellis Hollow Rd building code No Violation Found 10/18/2007 225 Pennsylvania Ave Building Code 10/19/2007 225 Pennsylvania Ave Building Code 10/19/2007 109 Kay Street Building Code Existing Building CO Field Visits Building Code 98 Complaint/Investigation 2 Fire Safety 3 Fire Emergency 0 Total 103 Thursday, November 01 , 2007 Page 3 1110612007 TOWN OF ITHACA 09: 35 :49 B2110 - B2110 . Transaction Report d For the period 10/01 /2007 through 10/31 /2007 Type Date Comment Name Quantity Fee B2110 1 . BP 10/02/2007 60. 1 - 1 -22 .2 HEPTIG , PIRRKO 1 100 . 00 2 . BP 10/03/2007 58.-2- 18 GUIOD, CARL 1 45 .00 3 . BP 10/03 /2007 72 .- 1 - 1 . 136 COUDRIET 1 35 . 00 CONSTRUCTION 4 . BP 10/03/2007 39.- 1 - 1 .2 SOUTH HILL BUSINESS 1 200.00 CAMPUS 5 . BP 10/04/2007 54.-7-50. 1 54 .-7-50.2 IACOVELLI , ORLANDO 1 400.00 6 . BP 10/04/2007 73 .-3 - 13 KULHAWY, GLORIA 1 60.00 7 . BP 10/04/2007 39.- 1 - 1 - 1 . 1 ITHACO 1 200 .00 8 . BP 10/05/2007 24. -3-2.412 CAYUGA MEDICAL OFFICE 1 850 .00 BLDG 9 . BP 10/09/2007 56.-3 - 13 . 13 MEROD, JIM 1 700.00 10 . 13P 10/ 11 /2007 23 .- 1 -20. 1 . SIBLEY, ROGER 1 70.00 11 . BP 10/ 12/2007 67.- 1 -8, 65 .- 1 - 1 , 65 .- 1 -5 .2 CORNELL PLANTATIONS 1 100.00 12 . BP 10/ 12/2007 23 .- 1 - 11 . 114 MALONE, CHARLES & 1 60 .00 JEANNE 13 . BP 10/ 15/2007 41- 1 -3 . 5 EAC MONTESSORI SCHOOL 1 25 .00 14 . BP 10/ 17/2007 22.-2-4. 1 GOULD, JOHN 1 45 .00 15 . BP 10/ 17/2007 41 .- 1 -30.2 ITHACA COLLEGE 1 27000 .00 CLASSROOM LINK 16 . BP 10/ 18/2007 59.-20. 10 SUNNYBROOK BUILDERS 1 200 .0 17 . BP 10/ 18/2007 36.- 1 -4 . 5 LA TOURELLE RESORT & 1 35 .0 SPA 18 . 1313 10/ 18/2007 36.- 1 -4 .5 LA TOURELLE RESORT & 1 35 .00 SPA 19 . 13P 10/ 19/2007 31 .-2-31 .2 COOKE, PETER 1 45 . 00 20. BP 10/23/2007 33 .-3-8. 11 WELLS, JAMES 1 25 .00 21 . BP 10/24/2007 71 .- 1 -46 BIERMAN , HAROLD 1 45 .00 22 . BP 10/25/2007 54.-7- 17. 1 , 17-2 IACOVELLI , RALPH 1 50.00 23 . BP 10/25/2007 58.-2- 18 SCIORE, LUCIA & JONES, 1 25 .00 DAVID 24 . BP 10/26/2007 39.- 1 - 1 .2 SOUTH HILL BUSINESS 1 200 .00 CAMPUS 25 . BP 10/29/2007 65 .- 1 -4 . 1 PLANTATION 1 70 .00 26 . 13P 10/29/2007 49. - 1 - 1 RICH BROTHERS 1 60 .00 27 . 13P 10/30/2007 49.- 1 -2.3 MITCHELL, SHARON 1 25 .00 28 . 13P 10/30/2007 58 . -2-39.3 HILLSIDE ALLIANCE 1 60.00 PARSONAGE 29 . 13P 10/30/2007 66.-3 -3 . 15 EASTWIND BUILDERS, INC . 1 850 .00 30. 13P 10/31 /2007 33 .-3 -2 . 1 ITHACA BEER 1 35 . 00 30 6,650.00 31 . BPE 10/04/2007 33 . 1 -4. 1 BARTHOLOMEW, DALE 1 50 .00 32 . BPE 10/23/2007 39. - 1 - 1 . 1 SOUTH HILL BUSINESS I 50 .0 CAMPUS 33 . BPE 10/31 /2007 28 .- 1 -3 .3 DEWILDE, MARK 1 50. 0 3 150.00 34 . FS] 10/ 10/2007 DATE OF INSPECTION 3/6/07 PROFESSIONAL BUILDING 1 110.00 ASSOC . Page: 1 Type Date Comment Name Quantity Fee IIII ' ] 110.00 3 10/02/2007 37.- 1 - 17 .21 ( 115 SQ FT) COUNTRY INN & SUITES 1 250.00 3 10/02/2007 37.- 1 - 17 .21 (69 SQ FT) COUNTRY INN & SUITES 1 158 .00 37 . 10/02/2007 37 .- 1 - 17.21 (6 SQ FT) COUNTRY INN & SUITES 1 32 .00 38 . SP 10/04/2007 901 MITCHEL ST FRENCH LAVENDER 1 68 .00 39. SP 10/25/2007 27 .- 1 - 13 . 18 CONIFER REALTY l 71 .00 5 579.00 40 . TCO 10/ 12/2007 17 .-3-4 PENDALL, ROLF 1 50 .00 41 . TCO 10/ 18/2007 54 .-5- 15 IDEAL SELF STORAGE 1 50 .00 2 100.00 42 . ZBM 10/23/2007 25 .-2-9 MATHERS, BONNIE 1 100 .00 43 . ZBM 10/24/2007 40.4-2 SUNSET GRILL l 100 .00 44 . ZBM 10/26%2007 36.-2-3 . 30 WESTVIEW PARTNERS 1 100 .00 45 . ZBM 10/29/2007 32 .-3 -3 .22 PERRI , SUSAN 1 100 .00 4 400.00 Total Sales 45 79989.00 Page: 2 1 CL7/1J o - z-oro4iCA AaovT AVOL " z007 r re • . /�A 5 - ,���t �r ���d2rv�u� z`z� �P..��1 � �cr�riu�?�J . C%7ry - rOto) 2"WE c'a .J GorJ a4E.6�' � �t/ AZa oa�c� aw6� 1djw �?Lp ! C5"W*40VG : J'lWFlAfG> & Iul) _ TI- T )�.Es A,/ZZ F l ,e s WlkGOk AA) D /FE (kAi 6 !o 91)44. AW2 OTiMAMI6T mew Ake � ;,e,4,,� irvG .¢ 7 ��' Ntuiv� C*r4 .._ ,2R /GV6n►'6 DG�' !��/t j,�rAS. ,4-vfsCl9-�!� � ��.1 S � f���.S ,. Do lf#z-_J / H JVOhek /S G' D �U TAJG' : A/0 OX) 7OW S5/L5 %elY . 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CA PI t 5 j1� 7P Do 7, 4 /JP vp " to X4 , , fN7t2ciE,> p HS JN Tads ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT November 2007 T-:� _-- �----- --- - - - -- - i PERSONNEL STAFFING LEVELS NOV 1 9 2007 1 Chief 2 Deputy Chiefs --- -- ` ' ', r• c;,. , � �. �( Y- - - 5 Assistant Chiefs - 8 Lieutenants 49 Fire Fighters 65 On duty personnel 1 Fire Fighter on Injury Leave 1 Recruit Fire Fighter 1 Fire Alarm Superintendent 0 . 5 Executive Assistant 0 . 5 Financial Clerk 0 . 5 Financial Clerk 1 Office Temporary Total employees as of 1101 /07 — 70 . 5 MUTUAL AID CALLS — From : To : Cayuga Heights , Lansing , Newfield , Brooktondale SELECTED CALLS — No Report SUPPORT 26 Vehicle work orders were written and 18 were closed . TRAINING — See Attached report . Submitted by : J . 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Between Monday, January 1 , 2007 and Friday, ovember 9 , 2007 there .were 3 , 713 incidents . Currently there are an average of. 11 , 86 incidents per lay. , Average response time .for the department is 4:35. minutes . The average duration of an . incident is 18 . 92 minutes . Dollar Loss by Day of the Week 400000 350000 Loss 300000 250000 200000 150000 _ H 100000 50000 0 SUN MON TUE w® THU FRI SAT Incidents by First Responding Unit 1200 Runs 1000 80.0 600 400 200 O LO . :. O N CO LO (� N M O LO O O O O O O CO (0 (D d' O O (Y) It O O .m O O O O O O O CA O CA O M Average Response Time by Unit 10 8 6 4 it r 2 Q ` s LO r. . . .� (O N 07 LO CO N CO L(P) O O O O O - O C7 (0 (O d• O O Pr) c} O 6) O W O) O) O m O O CA 6) O Cy) Statistical Summary Ithaca . Board of. Fire Commissioners November 13 ; 2007 There are 31 , 845 records in. the Incidents Table . , Between Monday, January. 1 , 2007 and Friday; : November 9 , 2007 there were 3 ; 71.3 incidents . Currently there are ' an 'average of 1,1 . 86 incidents per . day. Average response time for the department . is 4 ,35 minutes.: The -average duration of an incident is 18 . 92 minutes . Incidents by Hour of the Day 200 �` Runs s � y C 100 50L O ,- N M d LO M r� OD O) O *- N M �t LO (O ' r� CO O O O O O, . O O . O O O O O . r r . r r r r r r r N N N N Incidents by Day of the Week 600 500 } Runs n g 400 a z � �K . , - . 300 - a Y } 4 r % 200 ,f „ �• ,, . 100 u � y �• ; „ SUN MON TUE W® THU FRI SAT Dollar Loss by Hour of the Day 250000 Loss 200000 150000 C 100000 50000 0 O r N M In (O M O r N ( 7 � LO (O r� CO M O r N CY . 0 O 0 O 0 0 O O 0 0 t� N b . LO d N co ^ LO 'V' V M O CO 'V O (D P �O O �O h t" co V V' P h b N ^ V IRT c papuadX3 }uaoJad 'V' CO CO O :`� P U) �O 1� - P 'C P M N M co . ^ � V P •p T `O N O P V' I� P O 7 `Q P O N 00 h w O O N N O. Ln N h P co. 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M CC uol}oaS asuodsay M C O p L v .. a V/ M 00° v N OSZZL ui cq h uol}oaS i(}a}DS 0% � M m TCN4CM7 co p °N 0 N O co C6 Cfi OOIZL noain8 CO O o uolyuanaId ald a P VN' (PV V) t� h N P (N 0 IqT 1� N N n OR a V 00 vv N O OSOZL BUIUUDld r' `c' T uojID*IUIwPV v sjagwnN }un000V o 0 N N o _o o o LO o o U o N N R V V R V V '�Y V V '�P V '^C' N r. (o V O LA co O O O V O P OM. n p ^ P O CO O N co O O O O co co } P 8 c<Vi ° oh a N o M r o o (o a6 n v h N N X vi C D U 0 o X ' � "}� i v T ad W O O \ E v r L y Q O° > O v c D o o D N c o S S rnxr [sa W [a e= -�°F 8!0990�6409 CITY OF ITHACA v '�� a a'$• c 310 West Green Street Ithaca, New York 14850-5497 00 0; C' aA., « •• ,` ,4b OFFICE OF THE FIRE CHIEF p��AT�O Telephone : 607/272- 1234 Fax: 607/272 - 2793 November 13th, 2007 Board of Fire Commissioners Ithaca Fire Department 310 W Green St Ithaca, NY 14850 Dear Board Members : The following is the Fire Marshal ' s report for October 2007 . Codes Division: The Codes Division received 23 complaints in the month October. There were 19 complaints closed out, and 4 complaints that still remain open. The Codes Division performed 44 Inspections and issued 35 notices of violation. The division issued 17 operating permits for occupancies, and 4 fire alarm system certificates . The Codes Division issued 21 parking violations : 8 Fire Lane / Fire Hydrant Violations, 8 Handicap Parking Violations, and 5 Prohibited Areas Fire Investigation Unit : There was 1 fire investigation in the month of October 2007 . The fire investigation was for a car fire at 130 Ridgecrest Rd in the Town of Ithaca Public Education : There were 8 Public Education Details, 1 Fire Drill Observation, and 7 Child Car Seat Inspections in the month of October. Respectfully Submitted, C Thomas Parsons Deputy Fire Chief Fire Marshall An Equal Opportunity Employer with a commitment to workforce diversification . " is Cam' 11 / 19 / 2007 TOWN BOARD MEETING TOMPKINS COUNTY ATTACHMENT # 3 A GRIC J ][ TUBE & FARMLAND M[ LAND PROTEC '] ION BOARD 615 Willow Avenue Ithaca, New York 14850 Telephone (607 ) 272-2292 Fax (607) 272-7088 WHEREAS , In compliance with New York State (NYS) Agriculture and Markets Law Article 25AA — Agricultural Districts, Tompkins County currently designates November I ` as the beginning of the annual 30 day period for landowners to request the addition of their land to one of the two existing NYS Certified Agricultural Districts in the County; and WHEREAS, Tompkins County includes notification to municipalities of landowner requests within their borders and asks for comment from municipalities regarding these requests ; and WHEREAS, the Tompkins County Agriculture and Farmland Protection Board must make its recommendation regarding all requests to the County Legislature within 30 days of the end of the 30 day request for addition period ; and WHEREAS, the month of December is a difficult time for municipalities to add discussion and review of parcel requests to already long meeting agendas; and WHEREAS , the full 30 days allowed for the Agriculture and Farmland Protection Board to determine its recommendation is needed to accommodate municipal comment, which necessitates the board ' s meeting, with a quorum, between Christmas and New Year' s Day each year; and WHEREAS, the Tompkins County Legislature does not set committee membership or meeting schedules until after January Is' of any year; and WHEREAS, the unknown County Legislature ' s and committee ' s meetings schedule prevents determining the full process timeline in advance and results in times pressures in getting on agendas in time to meet process deadlines; and WHEREAS, many other counties in the state have selected January l st, February 1 st or March l st as the start of their designated 30 period for annual additions to the agricultural districts; and WHEREAS , scheduling the 30 period for annual additions to the agricultural districts within the first three months of the year makes it coincide with the time period when agricultural landowners are working on their Agricultural Assessment forms ; and WHEREAS , a change to January, February or March for this start of this process would eliminate the problems that arise with the current November start time; and WHEREAS, a change to January, February or March for this start of this process would schedule it for a time when agricultural landowners are working on the Agricultural Assessment forms; BE IT RESOLVED, The Tompkins County Agriculture and Farmland Protection Board recommends to the Tompkins County Legislature that the start of the annual 30 day period for landowners to request the addition of their land to one of the two existing NYS Certified Agricultural Districts in the County be changed from November I " to February I " of each year. Submitted by Richard Ehrhardt, Chair Tompkins County Agriculture and Farmland Protection Board The mission of the Tompkins County Agriculture and Farmland Protection Board shall be to encourage farming in the County through local initiatives which createfavorable conditions that allowfarmers to operate economically viable enterprises. 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT # 4 A ,G E N DA # A4G E DA # 12 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM : JONATHAN KANTER, DIRECTOR OF PLANNING RE : THE VILLAGE AT SOUTH POINTE — ASSISTED LIVING FACILITY, ROUTE 13/ELMIRA ROAD — PROPOSAL TO REZONE TO PLANNED EVELOPMENT ZONE (PDZ) DATE : NOVEMBER 13 , 2007 The Town of Ithaca has received an application from South Pointe Associates for a proposed assisted living facility on Route 13/Elmira Road , adjacent to the former Turback ' s restaurant building. The proposal is accompanied by a request to the Town Board to consider rezoning the subject property from Low Density Residential to a Planned Development Zone. Attached for the Board ' s consideration is a report prepared by the applicant, entitled "The Village at South Pointe — An Assisted Living Community" ( 11 /02/07)) and a letter (October 26 , 2007) from Jonathan Kanter to Charles Guttman explaining why the property would need to be rezoned to a Planned Development Zone PDZ) . This matter is scheduled for the Board ' s consideration at the A two:; November 19 , 2007 Town Board meeting. The applicant will attend and will be available to present the proposal to the Board and answer questions regarding the proposal . The proposal includes an assisted living facility that would require licensing by the NY.S Departments of Social Services and Health . The facility would be a one-story building, consisting of +/- 30,000 square feet, and would include 80 beds in 40 units . The facility would also include a cafe, ice cream parlor, barber shop, beauty salon, and private dining room for resident use, along with +/- 39 parking spaces . The site is located off of Route 13/Elmira Road , just north of the former Turback ' s and includes +/- 9 acres . The applicant indicates that the site is located about two miles south of the City of Ithaca . The rezoning is entirely at the Town Board ' s discretion, under its legislative authority . Article XXI of the Town of Ithaca Zoning Code (Chapter 270) includes the purpose and requirements of a PDZ . Article XXII includes the procedures for the creation of new zones . Comprehensive Plan Recommendation : Designated as "Conservation/Open Space" and a small area as "Agricultural" in the 1993 Comprehensive Plan . Current Site Use : Vacant, undeveloped . Surrounding Zoning: Low Density Residential (LDR) to the north ; Conservation Zone to the west, south and east. Surrounding_ Land Use : Primarily State park land , including Treman State Park to the west and State land acquired for the future Black Diamond Trail to the south and east . Former Turback ' s restaurant to the south (now a residence) and Eddydale farm produce facility to the north. Public Sewer and Water: Public sewer and water lines are available in the vicinity of the project site. The Engineering Department will need to assess the capacity and suitability of these facilities in regard to the needs of the proposed assisted living community. Local Law to Rezone to PDZ : If the Town Board decides to pursue the concept of this proposal , a local law would need to be drafted to rezone the property to a Planned Development Zone (PDZ) as part of the approval process . It would make sense to have a draft local law , covering development limits, allowed uses and other considerations, prior to further consideration of the proposal . However, drafting a local law would only be appropriate if the Town Board decides to pursue this proposal . Environmental Review : This would be a "Type I" action pursuant to the State Environmental Quality Review Act ( SEQR) and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review, since the proposal includes the construction of 30 or more residential units and/or the construction of more than 30,000 square feet of floor space. If the Town Board decides to refer this proposal to the Planning Board for a recommendation, the Town Board should consider whether it wants to be lead agency or whether it wants to request that the Planning Board establish itself as lead agency to coordinate the environmental review for the proposed project . Possible actions would include a re-zoning by the Town Board and site plan approval by the Planning Board . Possible Board Actions at November 19'h Meeting: • Option 1 :. Consider referring zoning proposal to Planning Board for recommendation. Conform classification as "Type I" Action pursuant to SEQR, and if Type I, consider whether the Town Board or Planning Board should be Lead Agency to coordinate the environmental review, if referred. • Option 2: Indicate interest in the proposal, and request that the applicant prepare a draft local law, in consultation with the Attorney for the Town and Director of Planning, and bring the draft local law back to the Town Board prior to referring the matter to the Planning Board fora recommendation. • Option 3. Take no action at this time. Request additional information from applicant for further consideration. • Option 4: Indicate that the Town Board is not interested in considering the requested rezoning. There are many more details in the applicant ' s report . Please review these materials for the November 19"}' Town Board meeting. Meanwhile, please let me know if there are any questions prior to the meeting. Att . cc : Chris Vitale Charles Guttman 2 jy 4 OF 1 T�, copy . y� TOWN OF . ITHACA 1821 =4 215 N . Tioga Street, Ithaca, N .Y. 14850 � o 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 October 26, 2007 Charles Guttman Guttman & Wallace, Attorneys at Law 411 North Tioga Street Ithaca, NY 14850 Re: South Pointe Development — Assisted Living Facility Dear Mr. Guttman: Thank you for your letter dated October 19, 2007 regarding the proposed South Pointe Assisted Living Facility to be located on Elmira Road adjacent to the former Turback' s building. The subject site is zoned Low Density Residential . . You requested a determination as to whether the proposed facility would be ssified as a "nursing or convalescent home", which is permitted in the Low Density Residential (LDR) ne by special permit, or an "adult care facility", which is not permitted in the LDR Zone. I have nferred with Susan Brock, Attorney for the Town, and we both concur that the proposed South Pointe as described in your letter and attachments, would be considered , as an "adult care facility", as scility,defined in the Town of Ithaca Code, Section 270-5 . Therefore, the proposed facility would not be permitted in the LDR Zone. Action by the Town Board (as discussed below) would be required in order to permit the proposed facility. The most practical option would be for the applicant to request a rezoning of the site to a Planned Development Zone (PDZ) . The Attorney for the Town has provided the following commentary: The Town 's Zoning Code defines an adult care facility as "an establishment for adults which provides for hire residential care and services " to adults who can 't or choose not to live independently. The definition includes an adult care facility as defined in the New York Social Services Law which has received and continues to maintain . a validly issued operating permit as an adult care facility from New York State Department of Social Services. " The applicant 's materials state the facility "will be a licensed Assisted Living Program " licensed by the NYS Department of Health. Under Section 4614 of the NY. Social Services Law, assisted living programs are adult care facilities that are also licensed to provide home health care or contract with a home care agency/program to provide such services. Pursuant to Section 3602 of the NY Public Health Law, "home care services " include nursing services, home health aide services, physical, speech and occupational therapy, nutritional services, personal care services, and housekeeper services. (These track the types of services the applicant says it will provide) Adult care facilities receive operating certificates from the NYS Department of Social Services. Home care services are licensed by the NYS Department of Health. The Commissioners of both DSS and DOH play a role in approving assisted living programs. I The proposed facility fits neatly into the Town 's definition of "adult care facility. " It is "an establishment for adults which provides for hire residential care and services to adults. It is "an adult care facility as defined in the New York Social Services Law " because under Section 461 -1 of the NY Social Services Law, assisted living programs are adult care facilities (with the added component of home care services). The facility will need an "operating permit as an adult care facility from New York State Department of Social Services " because all adult care facilities must have operating permits from NYS DSS. It will also need a license from NYS DOH for the home care aspect, but that doesn 't take the proposed facility . out of the zoning ordinance 's definition. The NYS Department of Health website (www .health . state.ny.us/facilities/adult care/about.htm) states that "residents of adult care facilities must not require the continual medical or nursing services provided in acute care hospitals, in-patient psychiatric facilities, skilled nursing homes or health related facilities, since adult care facilities are not licensed to provide any. nursing or medical care". The NYS Department of Health website also states that : "An assisted living program, which is available in some adult homes and enriched housing programs, combines residential and home care services . It is designed as an alternative to nursing home placement for individuals who historically have been admitted to nursing facilities for reasons that are primarily social, rather than medical in nature. The operator of the assisted living program is responsible for providing or arranging for resident services that must include room, board, housekeeping, supervision, personal care, case management and home health services ." In a letter, dated September 25 , 2007 , from Scott Freeman, Keplinger Freeman Associates, Mr. Freeman states that "the facility will care for those residents who can no longer stay home alone but who do not need the continuous, skilled care of a nursing home." Our understanding is that the facility will not be licensed as a "skilled nursing facility" . All of the above-described aspects of the proposed facility perfectly fit the Town's detailed definition of adult care facility. In addition, the dictionary definition of "convalesce" is to "return to health after illness; recuperate" (The American Heritage Dictionary. Second College Edition, 1985) .. In turn, the dictionary definition of "convalescence" is "gradual return to health" . These definitions can be interpolated to mean that a convalescent home is a facility where sick or infirmed persons can recuperate an d return to health after illness. In contrast, assisted living facilities, which are included under the umbrella of adult care facilities, are long-term residential facilities where residents can age in place in a setting where home care services are provided . The Town of Ithaca has two other similar assisted living facilities, including Longview ( 1 Bella Vista Drive) and Sterling House of Alterra ( 103 Bundy Road), both of which required rezonings to Planned Development Zones (at that time called Special Land Use Districts) . Unless we receive additional information that would change our determination as outlined above, the proposed South Pointe development will be considered as an adult care facility, as defined in the Town of Ithaca Code, Section 270-5 . Therefore, the proposed facility would not be permitted in the LDR Zone . If the applicant decides to pursue the proposed South Pointe Assisted Living Facility, the first step would be to submit a Development Review Application form and an initial application fee of $ 175 : (payable to Town of Ithaca), with a written request to the Town Board to consider rezoning the property in question to a Planned Development Zone (refer to Chapter 270, Article XXI of the Town of Ithaca Code), with a project description (similar to what was attached to your letter), a preliminary description of the need for the project, and a concept plan showing the site location, layout of the proposal on the site, and conceptual renderings of what the facility would look like . It is also helpful to submit background information regarding the development company and information regarding other similar projects that the developer has 2 In directly involved in. We request submission of 20 copies of materials to be provided to the Town Board. The application materials would then be forwarded to the Town Board for consideration. I have already discussed the possibility of placing this item on the next available regular Town Board meeting, which is scheduled for November 19, 2007 . If this is what the applicant would like to do, we would need the above-described materials (including the 20 copies) no later than Tuesday, November 6, 2007 in order to confirm an appearance before the Town Board on November 19`h . The applicant would then be asked to attend the Town Board meeting, make a presentation to the Board regarding the proposal, and be available to answer questions. The Town Board may, after discussing the proposal, decide ( 1 ) to refer the matter. to the Planning Board for a recommendation regarding the rezoning (which then involves a sketch plan review with the Planning Board, followed by detailed site and environmental review), or (2) that .the Board needs additional information, or (3) that the Board is not interested in pursuing the proposed rezoning further. Please feel free to call me if you have any questions or require further clarification on the above. Sincerely, Jonathan Kanter, AICP, Director of Planning Cathy Valentino, Supervisor Susan Brock, Attorney for the Town Scott Freeman, Keplinger Freeman Associates 3 vY ' > 1 Z L v Q O to + l 3 ro Q- a °� Q cu 0. t: w � Ln N O c� Q ro L O J '6 N L . L m {c ` +3 i« (tt ,�,• `]' C V C C -O Q O C T1 _ 11 « Ir I .' 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O �y.Y Fo ry. 0 77 X =z a N In w t I lir ' An Assisted Living Community ! t � e Li I NOV 6 2007 { ENECA LARE TERRACE ' psr' _ r : . _ ;i � tRING --- -- -_- 11 /2/07 The Town of Ithaca 215 N . Tioga Street Ithaca, NY 14850 Re : Rezoning of property on Rt. 13 Tax Map# 35 - 1 - 8 . 12/8 . 22 Tax Map# 35 - 1 - 10 . 2 Dear Town Board : Please accept this letter as an official request for you to consider rezoning the property in question to a Planned Development Zone . The enclosed packet of information will outline the followiny, for your review : Tab # 1 : Operator Background Tab #2 : ALP definition and provided services Tab #3 : Project Narrative & Community Support Tab #4 : Community Need Tab #5 : Building Design and sketch plan Tab #6 : Facility Photos I appreciate your time and look forward to working with the Town of Ithaca on this project. If you have any questions at all, please do not hesitate to contact me at your convenience . Sincerely, Chris Vitale, Operator South Pointe Associates 3670 PreEmption Road (County RD #6) • Geneva • NY 14456 • Ph . ( 315 ) 789 -4162 • Fax : ( 315 ) 781 - 1494 • t 0 0 0 a o 0 �i) p� l.L O Southe Pointe Associates Backuround The owners of South Pointe Associates are primarily made up of two Brothers from Auburn, NY named Chris and Paul Vitale . From their early youth, Chris and Paul had the opportunity to work in Healthcare. Working for their father who ran a 170 bed adult home in Auburn NY, they learned form having direct hands on experience in all aspects of caring for the elderly. From dishwashing, maintenance, and planned activities to managing a kitchen that was responsible for providing meals for 170 residents, 3 times a day. After high school, Chris and Paul attended the SUNY Institute of Technology at Utica, NY to obtain a degree in Health Services Management. After College, and becoming licensed as a Skilled Nursing Home Administrators, Both Paul and Chris pursued separate opportunities with corporately owned Nursing Homes facilities. Chris and Paul had successful careers and enjoyed the responsibility but missed the experiences they had in Assisted Living. In 1999, after living South of New York for more than 8 years, Paul moved back to NY and the brothers collaborated with their father to build, own, and operate a 66 bed Licensed Assisted Living Community located in Geneva, NY named Seneca Lake Terrace Assisted Living. In April of 2001 , Park Terrace Assisted Living Community was opened. Both of their facilities have become a familiar and welcomed part of the local landscape in their home towns and continue to provide a needed service in their respective communities. Collectively, Chris and Paul Vitale have been working in the healthcare industry for more than 30 years and have dedicated their lives to serving the needs of the frail elderly. The Vitale brothers have a reputation for providing excellent care and are directly involved in ALL aspects of managing their building. The intended project in Ithaca is an extension of their commitment to providing quality, affordable Assisted Living services to the elderly. . t 4771 West Lake Road 315-252-9962 Aubum, New York 13021 CJV2552@rochester.rr.com Chas Vitale Objective To obtain a challenging administrative position within a progressive Long Term Care Company. Experience 1988-1996 Northbrook Heights Adult Home Auburn , NY Dietary Cook/Activities Coordinator/Maintenance Assistant • Responsible for feeding up to 160 residents 3 times daily. • Responsible for all activities and resident participation and satisfaction for a full range of activities specifically designed to meet the needs of an elderly Population. • Worked closely with head maintenance personnel to make sure all aspects of the home was up to par in regard to DOH regulation and policy. All of the above duties were performed over an extended period of time from high school, through college and into my early career. Working closely with all department heads to gain valuable knowledge of the business of caring for the elderly. 1996-2003 The Falls Home Assisted Living Center Montour Falls Director of Services Worked closely with the administrator to maintain compliance with all areas of DOH policy and procedures . • Managed all Medicaid billing claims, keeping track of unpaid claims . and resolving billing errors to achieve reimbursement from County and State offices. • Directly managed quality of care through an extensive quality improvement program developed with the Director of Nursing and Administrator. 1997- 2000 Howd Nursing Home Moravia, NY Administrator • Responsible for all facets of operation for this 40 bed Nursing Facility. • Responsible for following all DOH regulatiops and procedure maintaining census, managing a 1 . 8 million dollar budget and working closely with employees and management to ensure employee satisfaction . 1999 - Present Seneca Lake Terrace Assisted Living Community Geneva, NY Operations Manager/Administrator • Directly involved in the opening, marketing , and management of this 66 bed Assisted Living Community. • maintaining a healthy cash flow through close budget management and ji ; l - I ' l7 Wv.xrfurd Blurt 1,tae 1915'1753•S3S1 home Raleio. N C. 7612 (7D4)W6 -0391 CO 2h rrc' ro .Own Foul H . Vitale 040®rtme I'D rogtinue iu a Health Carc Adrniuis.rative positior, that will alLm me to utilize my skills. education and e. xperience . 1 94 — 44t) Integrated Health Services I Ii1998 Avmcl NC Executive Director - 1-H Sa — Norlh Carotin rj Mrma;e:d 9 Skilled Nursing Facilities, i t 10(1 beds ) , ? of ttihicli. :.oun after at[luisitiut!. • Impletnemc;d 1 .hI.S. polities, procedures and mission into facilitio^s Managed and provided Support to Administrators. o Liaison between the cctoora?ion and the fac:i ] Oei . 1 1 ' 1946 - 1111998 Ra!eii'Yll , NC Senior Administrator — MS, of Raleigh / Treyburn tReh;ab I. H .S. of Rrt! eivh : • Primary Administrator 1 overall rr:unogement of 1 ,',a- bed Sub-acme SI IF including 30 red . cr- Wator unit. Successfully Managed Z F ell State Survttys with sutr3mntial improvenidrt C?vcr previous surveys and rery positive outcomes. ; rr^or Citations Lon 1998 survey, 50'fu .wductiDn in citations from 1946 survey .o 1997 su.ti2 51. • 1r,,tplelttcnled retetttlon pragranrs that reduc:d I '. n.: Staffs rurflover Sig* n •sticandy . • lrar)roved / devOlorcd rcc:rtlitment efforts and rot .nti�:r prttgrarrls. • Dirc t Supervision ( II 14 Dr partawrit i;eacl . • Overall :ilarlurCr of 200 empioyeo% - Tteyhurn Relwb • Senior A ir•, inistratcr of T'reN burn Rehab, 150 bed Sul:-acute RI F. 6 fired Administctltor For facility . • Achieved i detic : '~.n:: y fie;'. pull Stale Survcy and 1 � in,gle de;iciaMc full St:;te Survcv . * Provided support and ,iuidarfc, to facilitY , ('clinieal add rinaevcial ) . i MediatOr trr SR i <.sucs. a Coroucted / Pru'ticiput: d in monthly linanci2l r.views to ersure efficxnc y. promoted to EYecutivc 1) 1re;,tC'r for I. H S . in 1 4195 . 3D � _i i?I � +3 d L099SE9c: TS. l 87.1 0 f% L �19� / ZOjfTT 1 011 994 - 1 1/ 1996 'Tarpon Springs, H. Administrator - I.H.S. of Tarpbr. Springs • Overall Man3gcment Of 1210 bed Sub-acute SNF . • Managed ? very successfui Full Stare Surveys, substantially imprciving froa., previous surveys and a ,tainirsg Florida ' s "superior rating' both times, + Achieved A.;cradstation From JCAHO for both LTC and Sub-acute . • Direel Supervision of I 1 Department heads. + Overall iianager for more than 140 employees. 4 Consistently exceedcd hudgt.4ted "run rate", 22 out of 24 months. w ExcetSdc'd annual bud ;;."tLd ".run rate" by more tdtaa 201yo for 1945 and I9196. + Developed incentive proirarn "or key departriant `reads to m= l buu��ate 9 exp ens<ss and census , • Consistently nnct bud,gvued expenses and census. + Achivxed "Administrator of the Year" award in 1996 with J . H .S . forour3landinn Clinical and Financial performance. • Promoted to Senior Adnlinictl alur in i 1 /96. 1913 - 1QR4 Beverly Enterprises 10/ 1001.1 — 1 ^ 1994 D vJc city , hL Administrator - Dade City Geriatric Center • Ovcrall mana;emera of 120 bed LTC SN' + 5uc_ _sstuily rranagod i sartsrior rated Annual State S�.s' tey . • Improvod census inix to be able o serve shore crrr rehab Residents . + Direcl Supervision 01' 'i heads, • Overall managor for more than 14tj etrplo, ees. + Achie red the Beverly "E" award for txce lerize. l / 199:) 10/ ! 993 Ocala, FL :1 dministratar ire Training — Stonegate Pursing Center + Succes:ifuily cotnpleted Flurida A . I.T. while participating in numerous administrative functions, ( i.e, hiring, disciplining, recruitment and r. tention ) . • Assisted in nurn:rous other Beverly Facilities during State Survey process . • Attendc d Florid: Health Care Association Conference and re;ula n vetings. PC . F0 =39Vd 3CH?dc?1 ; I Hd � d E'� 9 � LF L 8b : 6E L00ij ' = The Village at South Pointe will be a licensed Assisted Living Program. Assisted Living Program Definition: An Assisted Living Program facility is licensed by the New York State Department of Health and provides supportive housing and convalescent home care nurse services to individuals who are medically eligible for placement in a skilled Nursing facility but, whose needs can be met in a less restrictive and lower cost residential setting. Home care services may be paid for through a capitates Medicaid rate or private pay rater set by the facility operator. Payment for the residential services may be through Supplement Security Income (SSI) level III or private pay. Services to be provided at the Village at South Pointe The Village at South Pointe will provide a range of services to its residents that include the following: ■ Nursing Services ■ On-going health management ■ Medication administration ■ Coordination of services such as physical therapy, occupational therapy, speech therapy, etc . . . ■ Providing all meals, housekeeping, laundry and linen services . ■ A full range of activities that are held both inside the facility as well as the surrounding Ithaca area. ■ Organize and arrange for personal care services that include assistance with dressing, bathing, toileting, grooming and overall health. ■ Dietary consultation and planning of meals, ■ Arrangement for Physician appointments with ongoing follow-up and transportation. ■ 24 hour supervision and staff on site • Ongoing case management and coordination of all aforementioned services. All of the above services will be part of the basic plan of care for each resident at The Village at South Pointe . Operational Logistics The Village at South Pointe will be staffed 24 hours a day, 365 days a year. The staff will consist of Administration, Case manager, RN managers, LPN supervisors, Personal care aides, Home Health Aides, Housekeepers, Dietary staff, Maintenance staff, as well as Activity coordinators . The above staff will work together to provide a seamless array of services that will enable (our residents) the frail elderly to live up their highest practicable well being . Residents will have opportunity to stay active and participate in many local and cultural events of l �� the surrounding Ithaca area. The Village of South Pointe will strive to be an important part of the local landscape in Ithaca, constantly reaching out to bring local culture into the facility as well as taking our residents out of the building to enjoy so much that Tompkins County has to offer. The Village at South Pointe building description The Village at South Pointe will be an upscale, beautifully landscaped one story building with brick-face accents . The inside of the building will be themed to mimic a small, town square atmosphere. The building will have a design that makes use of natural lighting via skylights, allowing for an optimal natural atmosphere for people and plant life to thrive. Our home will include a functioning Ice Cream parlor that is decorated as a 1950 ' s soda shop . Our layout will include a full sized Beauty salon and Barber shop that will serve the need of all residents. Also, our building will include a large living room with a gas fireplace and beautifully designed furniture arrangements allowing for areas conducive to conversation. There will be several lounge areas and activity areas. The building will have a separate homelike "Country Kitchen" that one may have in their own home, allowing for residents to participate in baking, cooking and crafts while being supervised by activity staff. In addition to common areas, this building will include a chapel and library for those residents that enjoy personal time reading or reflecting. The main dining room of the building will have access to an outdoor courtyard that is beautifully designed and will include much landscaping, this area will include walking paths that will be enclosed and provide a safe outdoor area for residents to enjoy. Inconclusion . . . . . . . . ... The New York State mandated Berger Commission report of 2006 determined that Tompkins County was in desperate need of Assisted Living Program beds. After many discussions with local Department of social services leaders, Tompkins Office of the Aging staff and many other healthcare professionals in the Ithaca areas, it' s clear that the Village at South Pointe will be a beautiful and much needed addition to the lacking Assisted Living Program services in Tompkins County. Our intention is to provide an exceptional alternative for the frail elderly who currently have few options for housing when faced with needing Assisted Living services. Currently elderly residents are forced to move out of the area or into a skilled Nursing Home when their needs could be met in a less restrictive, more residential style community. It will be our commitment to operate this building making it something that Ithaca can be proud of and will meet the overwhelming need of many Tompkins County residents . Chris Vitale - Developer The Village at South_ Pointe Program Attachment # : 1 updated : 9/8/2007 The Village at South Pointe will be a new licensed 80 bed Assisted Living Program located in the town of Ithaca just South of the city of Ithaca in Tompkins County. This new 80 bed facility will be operated by South Pointe Associates, Inc. d/b/a The Village at South Pointe. South Pointe Associates, Inc. , d/b/a The Village at South Pointe leases from South Pointe Associates, a partnership. Principals are the same in each organization with the same interests. Christopher Vitale, Paul Vitale, Jonathan Vitale and Joseph P . Vitale are the principals. Two of the 4 principals also operate Adult Care Homes and Assisted Living Program facilities in Geneva, New York and Baldwinsville, New York. Paul Vitale is the administrator of Park Terrace at Radisson Assisted Living Community, a 65 bed ACF including 17 Assisted Living Program beds. Chris Vitale is the Administrator of Seneca Lake Terrace Assisted Living Community, a 66 bed ACF including 15 Assisted Living Program beds. These buildings have been operating since 1999 and 2001 respectively and as operators we have demonstrated commitment to quality since that time. The operators of Park Terrace at Radisson and Seneca Lake Terrace have had strong and successful relationships with local Department of Social Services districts in the following counties: Ontario, Onondaga, Oswego, Seneca, Yates, Wayne and Cayuga. Recently we have made contacts with Tompkins County Department of Social Services staff to discuss the proposal of this type of facility in Tompkins County. After meeting with DSS Commissioner Patricia Carey and her staff as well as Tompkins County Department of Health officials it is clear that there is overwhelming support for this type of project in Tompkins County, specifically the town of Ithaca. As a direct result of recommendations contained in the Commission on Health Care Facilities in the 21 'st Century (aka The Berger Report) , recommendations which have become law, in accordance with the enabling statute of the Commission (section 31 of part E of chapter 63 of the - - - laws of 2005), the NYS Dept of Health is-solicitih 9 a PP- lications for 80 i ALP beds n Tompkins County. This application is our response to that solicitation . It is our belief that as successful existing ALP operators in more than 8 counties, we look forward to the opportunity of expanding the ALP program into Tompkins County. As operators of other ALP's including 15 beds in Geneva, and 17 beds in Baldwinsville, we are knowledgeable and competent in our ability to successfully operate an 80 bed ALP in Tompkins County. Our existing ALP's have operated successfully since inception in 1999 and 2001 respectively. Registered Nurses will be employed and experienced staff from our existing facilities will be shared to optimize the success of the new operation in Ithaca. The Village at South Pointe Program Attachment # : 2 page: 1 updated : 9/8/2007 The 80 bed ALP will be operated essentially the same as our present ALP operations in Geneva and Baldwinsville. The contractors will be Tompkins County Dept. of Social Services and the CHHA is proposed to be Tompkins County Health Dept. Certified Home health Agency. Prospective applicants to our ALP will be first assessed by our Registered Nurse to determine whether we can meet the applicants care needs. Arrangements would then be made with our local county Dept of Social Services and CHHA (Tompkins County Health Dept) , to assess the proposed ALP resident. A PRI assessment would also be completed at this time to �determine the appropriate RUG score and again to determine what care needs are appropriate and to develop a care plan . A DSS 4449C Medical Evaluation will be completed prior to admission and , if appropriate, a Mental Health Evaluation would be completed as well . If a Mental Health Evaluation is necessary, then appropriate mental health provider linkages would be made, as appropriate, to assure the availability and provision of mental health services for the resident. A unique feature of this proposed 80 bed ALP program is that it would finally serve Medicaid eligible / SSI residents in Tompkins County. It is important to note that the need for this type of ALP facility has been recommended by the Berger Commission Report. As operators we have made several contacts with County officials to reaffirm the fact that there is a significant need for this type of facility in Tompkins County. In addition , as in our existing ALP facilities our building will mimic a "Town Square" Atmosphere , allowing for potential residents who are in need of ALP services to live in a beautifully designed , modern , non-institutional setting with many amenities including : Ice Cream Parlor, Beauty Shop, sky lit lounges, outdoor walkways and much more. Target Population : Our target population will be those residents that are currently in need of some skilled services but do not -belong n a skilled-settin The will-include Primarily those frail elderl eo le who g 9 � Y P Y Y P op le otherwise be at risk of inappropriate placement in a Nursing Home. As in our existing ALP's we will seek to serve those residents who need more personal care and assistance than can be provided in a typical adult home but are considered a low RUG score nursing home resident. It has been our experience that in many skilled nursing homes there are consistently residents whose needs could be met in a less institutional setting . These residents are our intended population to be served . The tillage at South Pointe Program Attachment # : 2 page: 2 updated : 9/8/2007 Relationships to other providers and services: It is expected that our referrals will come from a range of different sources . After discussions with County officials and Tompkins County "single point of entry" patient coordinator, Liz Norton it is evident that the "single point of entry" system will be a significant referral source. In addition , Cayuga Medical Center ( Ithaca's only hospital) will provide an additional referral source . Surrounding skilled nursing homes will provide referrals for those residents who would benefit from an Assisted Living placement verses skilled nursing home placement. As in our existing ALP facilities, the Village at South Pointe will have transfer contracts in place with all surrounding skilled nursing homes to provide for a smooth transition to a skilled nursing home when needed . In addition , area skilled nursing homes including Groton Community Health Center, Kendall at Ithaca, Lakeside Nursing Home, Beechtree Care Center and Oak Hill Manor collectively seek to discharge low scoring RUG category residents to our ALP. Currently we are working to nurture relationships with the aforementioned Long Term Care facilities, Hospital discharge planners as well as County Long Term Care Patient Coordinators. We will continue to seek and develop those important community relationships that will improve our ability to serve Tompkins County elderly population as we have in our present ALP facilities. As Operators, we recognize the importance of being an integral part of the community in which our buildings are located . Should we receive permission to operate an ALP facility in Tompkins County, we will strive to not only keep our residents involved in their local community, but bring the the Tompkins County community into our building , (ie . . . having local schools, clubs , service organizations and child daycare centers be involved in our activity programming) . As in our existing facilities, The Village at South Pointe's residents will have abundant opportunities to visit local parks, be involved in local events, and continue having strong ties to their community. We hold tradition in high regard and are committed to helping residents maintain social well being by encouraging participation in not only facility -based activities but local community based activities as well . Additionally, our resident population will benefit from case manage management and coordination of community based services that include, but are not limited to , home care, dental care, PCP coordination , mental health (if necessary) , spiritual support, and other kinds of services that may be available to any resident of Tompkins County. Proposed site: Our proposed site is located 2 miles South of the City of Ithaca on Route 13 ( Elmira Road) in the Town of Ithaca. The site is set on more than 8 acres of land and has all utilities. This site is adjacent to state owned protected land that can never be developed and offers beautiful views of the Ithaca landscape. This site is in close proximity to all that Ithaca has to offer. Ithaca has much culture and is home to one of the largest Ivy league schools in the country, Cornell University. In In addition , Ithaca has become a thriving community of businesses, farming communities and academically based culture. The Village at South Pointe will active search out opportunities to become an integral part of the Ithaca Community. Projected Time Frames for Construction ( It is our intention , upon approval , to start construction in Spring of 2008 and be ready to open and operate 8 - 10 months there after, assuming the Department provides final approval. The Village at South Pointe Program Attachment # : 3 updated : 9/5/2007 Please see attached letters of community support. Also, please be advised that there has been considerable concern on behalf of the Tompkins County Department of Social Services and other local community organizations that there are no ALP beds available for residents in Tompkins County. This results , in many cases, in residents having to go to a skilled nursing home when our Assisted Living Program would be able to meet their needs in a much less institutional and less costly setting . Please see attached letters. _ The Village at South Poi a irel X I ri PEI T14, o Program Attachment # ': 3 HEALTH . . Your Pa.mer for a Healthy Connunutnty Alice Cole, R.N.. M.S.E. 1101 Harris B. Dates Drive Public Health Director Ithaca, New York 14850 acole @tompkins -co . org 607474- 6614 September 04, 2007 Mr. Chris Vitale Seneca Lake Terrace 3670 Pre-Emption Road Geneva, New York 14456 Dear Mr. Vitale: The Tompkins County Health Department would be willing to Insider an agreement with your proposed Assisted Living Program (ALP) facaity in Tompkins County to provide Certified Home Health Agency Services should your application with the NYSDOH for ALP slots be approved . - - - - Sincerely, - - Alice Cole, RN , MSE Public Health Director AC/ps Cc: Sigrid Connors , Director of Patient Services r YrD am Tompkins County Office for the Aging 320 N. Tioea Street Ithaca. NY 148504207 607-274-5482 FAX 607-274-5495 Chris Vitale 3670 PreEmption Road Geneva, NY 14456 September 6, 2007 Dear Mr. Vitale : This letter is to confirm that the Tompkins County Office for the Aging has long identified the local need for affordable assisted living for low-income individuals, and the Medicaid-sponsored Assisted Living Program (ALP) will help to meet that need. If your company is chosen to sponsor the ALP Program in Tompkins County, the Office for the Aging will work with you in service to the frail residents of our community. Sincerely, Lisa A. Holmes - - - Director - -- - - - The Wllage at South Point( Program Attachment # : 3 i 4rL1t^ i 4.•11 t. ty ERARTTW r wa ' 1 � : _ ` � : o v�. q,tn. or) Y :. � 1 • • I (I 1 . Chris VRale 3670 PreEm n Road Geneva, NY X456 Dear Mr. Vital* am writing t rCOnfrm that if your agency opens and operates an Assisted Living Program in T Opkins County our Department would be in a position to contract with you. Please feel to contact myself or our Long Term Care Coordinator, Liz Norton, at {6 il:) 274-5369 if you have any questions regarding this matter. In Sincerely _l tncia Care =1 mmission rl . all J ; Recycled paper The Vi!/age. at South Points Program Attachment # : 3 . T+��3r�rliiilS �t'i�irillity DEPARTTMEW OF SOML SERVICF,,S 320 'Vr w• Sute SOW ftaea,. Nw* York 1.054 September 5, 2407 ; Chris Vitale Seneca Lake Terrace 3570 Preemption Rd . Geneva, NY 14456 bear Mr. Vitale, This letter is in support of your proposal to create an Assisted L Ving prOgram it Tompkins County that will, accamrnodate 80 residents. Assisted hVinj for low incorne residents has tong been Identified as an unmet need for our doir►ty in the County Office for the Aging 's Needs Assessments. Your plans, so fsr, Fave shown that you hays taken into consideration the unique needs of our counti is residents . 01 i Sinc erelyt t rw ux Norton, RN PSA and LTC supervisor 1 .+r 0 �3� , o �� a': ' (.; v 0 0 The Village @ South Pointe Program attachment 4 In 2007, the New York State Berger Commission report made recommendations based on an in-depth review of the Healthcare System in New York State. These recommendations were made into law, in accordance with the enabling statue of the Commission. As a direct result of the Berger Commission Report, Tompkins County was identified as having a significant need for affordable assisted living services. Currently, Tompkins County is without any Medicaid-funded Assisted Living Program (ALP) Facilities. The New York State Department of Health is has accepted applications for an 80 bed Assisted Living Program in Tompkins County. I believe this solicitation . . . . . . in and of itself, demonstrate need. At this time, Residents of Tompkins County that may be in need of Assisted Living are forced to relocate, be inappropriately placed in skilled nursing homes and, or stay home with family that cannot meet their needs safely. (Please note that the adjacent County of Cortland also does not have any ALP beds .) In talking with Tompkins county officials, healthcare administrators as well as several Ithaca area residents, it' s clear that Tompkins County suffers from an underserved population of elderly people whose needs are not currently being met. Demographics for Tompkins County demonstrate the need for these proposed beds. Although there are several facilities in the area (please see attached facilities), they DO NOT provide affordable assisted Living and typically DO NOT accepts residents that are on a fixed income, Medicaid, and or SSI. The Village @ South Pointe will change that. If given permission to build and operate our proposed 80 bed Assisted Living Program, we will endeavor to accept Medicaid funded residents and provide quality, affordable Assisted Living Services in the Town of Ithaca, serving the County of Tompkins . Please note that the attached listing of licensed facilities in Tompkins County came from the New York State Department of Health' s website. There are only 163 licensed adult home/enriched housing beds in Tompkins County, with a population of more than 87000 people. rake 1 . Adult Care • Faciii-tla•es in Tompkins County K4L �{ REGION : CNYRO - Tompkins County Alterra Clare Bridge Cottage Facility ID : AF0145A Operator : Ithaca Sterling Cottage, Inc. Add ress : Alterra Clare Bridge Cottage 101 Bundy Road Ithaca, NY 13502 Phone : (607) 256 - 5094 FAX : (607) 256 - 5318 Certificate Number : 730-F- 001 Number of beds : 36 Assisted Living Program beds : 0 Facility : AH Type : PPHA Bridges Cornell Heights - The Colonial Facility ID : AF0640A Operator : Ambrose, Elizabeth Classen Address : Bridges Cornell Heights - The Colonial 403 Wyckoff Avenue Ithaca, NY 14850 Phone : (607) 257- 5777 FAX : t ( 607) 257 -3565 http ://www.health. State. ny. us,/facilities/adult_eare/county/tOmpkins .htm 12/8/2006 Page 2 of Certificate Number : 730- F-002 Number of beds : 13 Assisted Living Program beds : 0 Facility : AH Type : JPPHA Bridges Cornell Heights - The Tudor Facility ID : AF0641A Operator : Ambrose, Elizabeth Classen Address : Bridges Cornell Heights - The Tudor 407 Wyckoff Avenue Ithaca, NY 14850 Phone : (607) 257 - 5777 FAX : (607) 257- 3565 Certificate Number : 730- F-003 Number of beds : 14 Assisted Living Program beds : 0 - - - - Facility : -- - - - AH - - - - - - - - -- - - - - Type : PPHA Green Street -House Facility ID : AF0161A Operator : Homes, Inc. Address : Green Street House 507 West Green Street Ithaca, NY 14850 Phone : (607) 277-6173 FAX : http ://www.health. state.ny.us./facilities/adult care/county/tompkins .htm 12/8/2006 P (607) 273 -0426 Certificate Number : 730- L-009 Number of beds : 18 Assisted Living Program beds : 0 Facility : RESIDENCE Type : JNFP Kendal at Ithaca Facility ID : AF0167A Operator : Kendal at Ithaca Inc Address : Kendal at Ithaca 2230 North Triphammer Road Ithaca, NY 14850 Phone : ( 607) 266- 5300 (, FAX : ( 607) 266-5353 Certificate Number : 730 - E -005 - - - - Number of beds. - - - - - 36 - - - - -- - - - - - — - -- - - - - — - - Assisted Living Program beds : 0 Facility : AH Type : JNFP Longview, an Ithacare Community Facility ID : AF0171A Operator : Ithacare Center Service Company, Inc. Address : Longview, an Ithacare Community 1 Bella Vista Drive Ithaca, NY 14850 Phone : ( 607 ) 375-6300 http ://www.health. state .ny .us./facilities/adult care/county/tompkins.htm 12/8/2006 o FAX : (607) 375-6301 Certificate Number : 730 - E-002 Number of beds : 64 Assisted Living Program beds : 0 Facility : AH Type : INFP Questions or comments : acfinfo @health . state , ny . us Revised : November 2006 http ://www.health. state.nyous./facilities/adult care/county/tompkins .htm 12/8/2006 -- --- ---- ._.—_ - ---- -- - -- -- -- --- — -..... . -- — — Eli Yx _ > ° x . A o d � U W L J �pCf C u dj nip I i I S ° ilk- o W ei 0 j f J �IIEtE m o � � € It ° = saw a' V- i 1 +; lt� i r am zIg - l 2 it . 8 � It VI � � m 11:111 -li t •�51I T � IE �II j.ra 02 ... ZY tie L a -� m ° 3 _ � I as Ts 1 S I zz i0 F 1 1 [i �t a ,rte lzi tT I ' t II 'll NI i II I' i lil cs a a 1I1111JI ° = W 3 I � og c�'Z � 14 ,I s ° fin ` Ob - Wig : ( Il= rce ¢ - j !i. 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M� 1 _ t i • ' t t 1 _ S w 1 r } _ r .C7�-rJ• �(��� . r 1 •�� yt�"� AAA 40 .ON No y xi`rl y s te- tf 'lli� } LI I ji ��� I ,}'• ' ' t: fAll i ,fir Ln• D 1 r � •i Ali . g° j f 1 dam`' �,. yam^ .�. -:;'c'� •. ■ A ' � � � t r ^l jt 4� Ate��bY�.�,l.)1 a.1y�.`H �i• � : I., rr • •yt atYT� .� \ J r i• 4 ' 1, 1 � � / 1,�`}� � ,; ,,.I//•,/// '� �• �L1•.nom f /� ,r��////�/n u�/ V1 r � h � ss OrA k1 . �/7: .,�' •�.•_ .�/ fit' a _{) .� � ( - r / I � 1 �� Rev.b gLU O rI � i Aft �` ♦ h fir '! �wIt li i 1i ' z i !+1li;ii+ii "+ i �j1l;!ltti 111i 1 t ii i � I • !!!1l1i11l1 1i1 i ! 41!!O!1!! 1l► 1 / iii , � t 111i111l1l1l±Ri 1 • _ � � � l / 11ii1r �� ! l1 +1111 i • 1 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT # 5 MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS , THE CITY OF ITHACA, AND THE TOWNS OF ITHACA AND ULYSSES WITH REGARD TO A CORRIDOR MANAGEMENT STUDY FOR NEW YORK STATE ROUTE 96 WHEREAS , pursuant to General Municipal Law Section 119-o , the signatories of this Memorandum of Understanding wish to complete a corridor management study of New York State Route 96 within Tompkins County to determine current and projected transportation patterns as they relate to development and to make recommendations for mitigation of future traffic congestion, and WHEREAS , the signatories recognize the benefits of preparing a unified study that considers the Route 96 corridor within Tompkins County across jurisdictional lines, NOW , THEREFORE, the signatories agree as follows : A . The signatories are the COUNTY OF TOMPKINS (hereinafter "County") , the CITY OF ITHACA (hereinafter "City") , the TOWN OF ITHACA , and the TOWN OF ULYSSES (which Towns are hereinafter together referred to as "Towns") , with all signatories hereinafter jointly referred to as "the participating entities" . B . The project is the study of the New York State Route 96 corridor within Tompkins County, from the southeast border of Trumansburg through the Town of Ulysses, Town of Ithaca; and into the City of Ithaca culminating at the junction with New York State Route 13 at North Fulton Street, hereinafter referred to as the "Study" . The results of the Study shall be a series of reports , the substance of which shall be suitable for inclusion in comprehensive plans of the participating entities . C . This agreement shall be effective upon execution by all the participating entities and shall continue until December 31 , 2008 , or until the completion of the project, whichever is later. D . Each participating entity shall contribute funds in the amounts specified below to be used to pay a consultant to conduct the Study and for any directly-related project costs, not to include staff time (ie. meeting space and advertising, printing, etc. ), which shall be consistent with the scope of work described in Attachment 1 . The County' s fiscal officer will have custody of the funds, which will be managed as a separate program within the County Planning Department budget. E . The participating entities shall form a Technical Review Committee working group made up of representative(s) from each signatory to this Memorandum of Understanding as well as a representative(s) from Ithaca-Tompkins County Transportation Council , New York State Department of Transportation, and Tompkins Consolidated Area Transit (TCAT) . The Technical Review Committee members shall make decisions regarding consultant selection, project scope, UK" AFB' Page 1 of 7 l project framework, deliverables, and project completion on a . consensus basis . Consensus '. decisions must be reached by the Technical Review Committee members from the County; City, and Towns, in order to proceed at any decision-making juncture of this Study. F . The COUNTY agrees to : 1 . Pay. $25 , 000 toward the cost . of the Study and to collect the agreed -upon payments from the other participating entities : 2 . Be the recipient of any Ithaca Tompkins County Transportation Council funding for the Study. 31 In consultation with the other participating entities, prepare a Request for Proposals (RFP) consistent with the scope of work described - in Attachment 1 to conduct the Study. 4 . Review all submitted proposals, identify the proposal that is deemed to best meet the criteria established in the Request for Proposals, and work to achieve a consensus decision to select a consultant . 5 . Contract with and oversee the work of any consultant hired to prepare the Study. 6 . Participate on the Technical Review Committee throughout the Study. 7 . Assist the hired consultant in collecting relevant data from the County for the Study. 81 Track local • funds,_ matching • funds, and state funds and disburse the payments to consultant after audit of claims pursuant to this Memorandum of Understanding. 9 . Account on a quarterly basis to the other participating entities for receipt of funds for the . Study and expenditure of funds to the consultant . G . The CITY agrees to : . 1 . Pay. $ 8,000 in matching funds to the County toward the cost of the Study, upon execution of this Memorandum . 21 Review all submitted proposals, identify the proposal that is deemed to best meet the criteria established in the Request for Proposals, and work to achieve a consensus decision to select a consultant . 3 . Assist the hired consultant in collecting relevant data from the City for the Study. 4 . Take the lead in soliciting public comment and participation from within the City with regard to the Study. 5 . Participate on the Technical Review Committee throughout the planning process . H . The TOWN OF ITHACA agrees to : I . Pay $ 8 ,000 in matching funds to the County toward the cost of the Study, upon execution of this Memorandum . 2 . Review all submitted proposals, identify the proposal that is deemed to best meet the criteria established in the Request for Proposals, and work to achieve a consensus decision to select a consultant. 3 . Assist the hired consultant in collecting relevant data . from the Town of Ithaca for the Study. 41 . Take the lead in soliciting public comment and participation from within the Town of Ithaca with regard to the .Study. . 51 Participate on the Technical Review Committee throughout the planning process . A F T Page 2 of 7 I . The TOWN OF ULYSSES agrees to : 1 . Pay $ 8 ,000 in matching funds to the County toward the cost of the Study, upon execution of this Memorandum . 2 . Review all submitted proposals, identify the proposal that is deemed to best meet the criteria established in the Request for Proposals, and work to achieve a consensus decision to select a consultant . 3 . Assist the hired consultant in collecting relevant data from the Town of Ulysses for the Study. 4 . Take the lead in soliciting public comment and participation from within the Town of Ulysses with regard to the Study. 5 . Participate on the Technical Review Committee throughout the planning process J . If at any point it appears that the cost to complete the Study will exceed $49 ,000 . 00, the County shall notify the other participating entities , forthwith , and the participating entities agree to meet as soon as is practical thereafter, to determine how best to ensure the completion of the Study. K. The participating entities agree to the following payment schedule : 1 . a. Upon full execution of this Memorandum of Understanding, the County shall send invoices to the City and Towns for their respective payments . The City and Towns shall pay the County their respective cash contributions within thirty (30) days of invoice receipt. b . Within thirty (30) days of full execution of this Memorandum of Understanding, the County shall transfer its contribution funds to a separate billing account, into which cash contributions from the City and Towns can be added, tracked , and managed as a separate program within the County Planning Department budget . 2 . If within sixty (60) days of full execution of this Memorandum of Understanding any City or Town fails to make payment of receipt of an invoice from the County, or the County fails to transfer its funds into a separate billing account, participating entities agree to meet to renegotiate the terms of this Memorandum of Understanding. If the renegotiations are not successful , then all paid funds shall be returned to those participating entities that made payments . 3 . If any local funds remain at the conclusion of the consultant(s) ' work, funds shall be returned to the participating entities on a pro rata basis based on each municipality' s payment for the Study. L . The City of Ithaca, the Town of Ithaca and the Town of Ulysses hereby agree to indemnify, hold harmless and defend Tompkins County and its officers , employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County or its officers , employees , agents or elected officials, for injury or death to any person or persons , or for damage to property, arising out of the performance of this Memorandum of Understanding by the City of Ithaca, the Town of Ithaca, or the Town of Ulysses, or their respective employees , subcontractors or agents . M . The County hereby agrees to indemnify, hold harmless and defend the City or the Towns and their respective officers , employees, agents or elected officials, from and against any and all Fla 1 A" FT Page 3 of 7 Y claims and actions brought against the City or Towns and their respective officers, employees, agents and elected officials for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the County, or its employees, subcontractors or agents . LDRAFT Page 4 of 7 Tompkins County City of Ithaca Name : Name : Title : Title: Signature : Signature : Date : Date : Town of Ulysses Town of Ithaca Name : Name : Title : Title : Signature : Signature : Date : Date : LJ R AFT Page 5 of 7 ATTACHMENT 1 Route 96 Corridor Management Study Project Overview Tompkins County faces a severe housing shortage, particularly in the urbanized area . It is widely believed that this shortage has contributed to a high rate of in-commuting to the County and relatively longer commutes for many county residents . This additional traffic has in turn resulted in traffic congestion, most notably in the City of Ithaca where all major commuting routes converge and where many commuting destinations are located. The West Hill area is one of the areas where increased housing development has occurred and where additional potential for development exists . Much of this area is served by NYS Route 96 as the primary commuting route. Both the Town of Ulysses and Town of Ithaca are looking at updating their Comprehensive Plans. Route 96 corridor is the location of most of the commercial property in the Town of Ulysses . Planned development in the corridor is seen as crucial to allowing economic growth while mitigating traffic impacts of that growth . It is feared that increased development in this area will worsen congestion in the City and impact traffic flow and livability along the entire corridor. Purpose of the Study The purpose of the Route 96 Corridor Management Study is to evaluate traffic impacts associated with development in the corridor from the Village of Trumansburg to the junction of Route 96 and 13 , and look at techniques that could be implemented to mitigate these impacts . The study will quantify existing and projected traffic and levels of service and evaluate how a nodal development pattern with mixed uses, enhanced transit service, access management, other transportation system improvements, including bike and pedestrian facilities, could mitigate the impacts of this traffic . The study will examine the option of promoting development nodes in the vicinity of Cayuga Medical Center and Jacksonville, as well as appropriate. development in the City and Village, as an alternative to a sprawling suburban and rural development pattern. The final product will include defining the extent of nodal development and identifying specific access and corridor management improvements that could be made to mitigate traffic impacts: Options for increasing transit ridership in the corridor and protecting livability of impacted neighborhoods will be key considerations. The management plan will assess traffic impacts compared to a more sprawling pattern consistent with past history. The plan will recommend specific land use regulatory changes and transportation system improvements that would have the effect of reducing the traffic impacts of future development in the corridor, including within the City of Ithaca. Components of the Study The study will consist of three components . The first component will document existing conditions, project future baseline traffic levels and model alternative growth scenarios for future development under baseline and nodal development patterns . The local client committee will determine the parameters and assumptions for projecting development and traffic levels and review this with the selected consultant. The second component will ( 1 ) evaluate transportation impacts of the alternative development patterns, (2) look at opportunities for access management and traffic limiting strategies such as enhanced transit service, (3 ) project traffic impacts under the alternative scenarios, (4) identify projected traffic congestion and livability problems, and (5 ) develop recommendations to mitigate impacts from new development on traffic congestion and livability along the corridor, including a listing of specific recommended improvements in the transportation system to protect and enhance the livability of impacted neighborhoods. The third component will consist of an implementation plan identifying which mitigation alternatives should be priorities, who will be primarily responsible for advancing them, and the likely time frame in which they should be accomplished. Funding The study will be paid for with up to $25 ,000 in funding provided by the Tompkins County Planning Department. This will be matched by $ 8 ,000 each from the involved municipalities (Town of Ulysses, Town of Ithaca and City of Ithaca) with potential additional assistance from the ITCTC or other sources, if needed . Page 6. of 7 . i Anticipated Results It is expected that the study will show whether and to what extent a nodal development pattern in combination with access management and other transportation network improvements can mitigate the impacts of increased traffic in the Route 96 Corridor that would otherwise result from the baseline condition of continuing sprawling development. It is hoped that the plan will also show how a portion of the community' s needed housing over the next 10 years can be accommodated in the designated development nodes. Among the traffic mitigation options that are likely to be evaluated are the following : • Enhanced transit service including park and ride lots at the nodes • Full development of the Black Diamond Trail and its potential for bike/ped commuting • Existing or proposed Route 96/89 and/or 96/79 connectors that could more efficiently distribute traffic in the area • Options for limiting the impact of the rail crossings in the City of Ithaca • Signal timing and lane configurations that could ease bottlenecks in the City • Access management improvements that will reduce vehicular conflicts, improve traffic safety, and promote efficient circulation. The hoped-for vision is a planned multi-modal transportation corridor that will offer maximum flexibility in addressing traffic congestion and livability issues in the Route 96 corridor while accommodating desired development. Preliminary Project Schedule End November 2007. Project Initiation Winter 2007-8 Data Collection and Analysis January 2008 Meeting with Route 96 Client Committee - present project scope and solicit targeted feedback . Early Spring 2008 Large-scale presentation to Route 96 Client Committee, Interested parties, and general public to present early findings/solicit feedback Late Spring 2008 Draft Technical Reports # l -3 ( State of the Rte 96 Corridor, Transportation Impact Analysis, Opportunities and Constraints Analysis) Early Fall 2008 Draft Technical Report #4 - Recommendations Late Fall 2008 Large-scale presentation to Route 96 Client Committee, Interested parties, and general public to present Technical Reports# ] -4 November 2008 Draft Technical Report #5 - Implementation Strategies No Later Than Submission of Final Technical Reports # 1 -4 December 12 , 2008 Page 7 of 7 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT # 6 Commission Final Proposals 11 / 1 /07 1 . ) ARTICLE XV - SHIFT DIFFERENTIAL Production and Distribution Department employees working 4 : 00 pm to midnight (2nd Shift) , will be paid at an increase of $ 1 . 10 per hour, and working midnight to 8 : 00 am ( 3rd Shift) , will be paid at an increase of $ 1 . 65 per hour. An employee who works overtime hours as an extension of their scheduled shift , either at the beginning or end of the shift , and the overtime hours are an extension to a shift hour that qualifies for a shift differential , shall have the applicable shift differential folded into their existing base hourly rate for the calculation of the overtime rate for those hours . 3 . ) SAFETY GLASSES Prescription ANSI safety glasses will be reimbursed for a total not to exceed $ 90 . 00 , and no more frequently than every two years , unless there is a prescription change . 4. ) ARTICLE XVII - CALL IN Employees who are called in to work are guaranteed a minimum of four hours work call- in pay at a rate of time and one half. If an Employee is asked to come into work within two hours of the start of his/her shift , the employee will receive one hour pay at straight time for the unscheduled early start and time and one- half for the time worked on the early start . Therefore , the employee is required to remain on duty . 5 . ) ARTICLE XXV - LEADPERSON COMPENSATION The Production and Distribution Department Leadpersons will receive a $ 1 , 200 . 00 stipend for the life of the contract . 6 . ) ARTICLE XXIV - WAGES Employees covered under this contract will receive a 4 . 5 percent increase in their wages the first year of the contract , a 3 . 5 percent increase in the second year of the contract , and a 3 . 25 percent increase the third year of the contract . 2007 Base 2008 Wage 2009 Wage 2010 Wage Years Employed Hourly Rate 4. 5% 3. 5% 3.25% Water Plant Operator 25 $19. 96 $20. 86 $21 . 59 $22.29 Water Plant Operator 17 $ 19. 36 $20.23 $20. 94 $21 .62 Water Plant Operator 11 $ 18. 03 $ 18. 84 $19. 50 $20. 13 Water Plant Operator 11 $ 18. 03 $ 18. 84 $19. 50 $20. 13 Instr. & Contr. Mech./Oper. 24 $ 18. 03 $ 18. 84 $ 19. 50 $20. 13 histr. & Contr. Mech./Oper. 7 $18. 03 $ 18. 84 $ 19. 50 $20. 13 Distribution Operator 19 $16. 94 $17. 70 $ 18. 32 $ 18. 92 Distribution Operator 7 $16. 94 $17. 70 $ 18. 32 $ 18. 92 Distribution Operator 7 $16. 94 $ 17. 70 $ 18. 32 $ 18. 92 Distribution Operator 6 $16. 94 $17 . 70 $ 18. 32 $ 18. 92 Distribution Operator 2 1 $15. 01 1 $16 . 96 1 $ 18. 32 1 $ 18. 92 New Hires 104 .5% 103. 5% 103 . 25% 2008 2009 2010 2nd yr. 1 st yr. 2nd yr. 1 st yr. 2nd yr. Job Title No license I st yr. w/lic . W/lic . Job rate No license W/lic . W/lic . Job rate No license w/lic. W/lic. Job rate 0- 1 yrs. 1 -2 yrs. 2 -3 yrs. >3 yrs. 0- 1 yrs. 1 -2 yrs. 2-3 yrs. >3 yrs. 0- 1 yrs . 1 -2 yrs. 2 -3 yrs. >3 yrs. WTPO $ 15 .75 $ 16 .96 $ 18. 17 $ 18. 84 $ 16 . 30 $ 17 .55 $ 18 .81 $ 19 .50 $ 16 .83 $ 18 . 12 $ 19 . 42 $ 20. 13 &CM/O $ 15 .75 $ 16 .96 $ 18 . 17 $ 18 . 84 $ 16 . 30 $ 17 .55 $ 18 .81 $ 19 . 50 $ 16 .83 $ 18 . 12 $ 19 . 42 $ 20. 13 DO 1 $ 14 .54 $ 15 .69 $ 16 .96 $ 17 . 70 1 $ 15 . 04 $ 16 .23 $ 17 . 55 $ 18 . 32 $ 15 .53 $ 16 .76 $ 18. 12 $ 18 .92 Longevity - increase $ 10/year for all ranges 2008 2009 2010 10- 14 310 320 330 15- 19 410 420 430 20-24 510 520 530 >_ 25 610 620 630 i AGREEMENT BETWEEN Southern Cayuga Lake Intermunicipal Water Commission And the International Union of Operating Engineers , Local 832S JANUARY 1 , 2008 - DECEMBER 31 , 2010 i 3 Union Contract Table of Contents ARTICLE I — PREAMBLE 3 ARTICLE II — RECOGNITION 4 ARTICLE III — COLLECTIVE BARGAINING UNIT 4 ARTICLE IV — MANAGEMENT RIGHTS 4-5 ARTICLE V NEW TECHNOLOGIES/EQUIPMENT 6 ARTICLE VI — NO STRIKE GUARANTEE 6 ARTICLE VII — SENIORITY 7 ARTICLE VIII — UNION BUSINESS 8 ARTICLE IX — GRIEVANCE PROCEDURE 9 ARTICLE X — SEVERABILITY 11 ARTICLE XI — CONFLICT WITH INTERMUNICIPAL AGREEMENT 11 ARTICLE XII — COMPLETE AGREEMENT 11 ARTICLE XIII — APPROVAL OF AGREEMENT 11 ARTICLE XIV — OVERTIME 12 ARTICLE XV — SHIFT DIFFERENTIAL 12 ARTICLE XVI — ON-CALL 12 ARTICLE XVII — CALL IN 12 ARTICLE XVIII — COMPENSATORY TIME 13 ARTICLE XIX — UNIFORMS AND SAFETY SHOES 13 ARTICLE XX — SAFETY GLASSES 13 ARTICLE XXI — HOLIDAYS 13- 14 ARTICLE XXII — VACATION 14 ARTICLE XXIII — DENTAL INSURANCE 14 ARTICLE XXIV - HEALTH INSURANCE 14- 15 ARTICLE XXV — WAGES 16 ARTICLE XXVI — LEADPERSON COMPENSATION 16 ARTICLE XXVII — OTHER BENEFITS 17 ARTICLE XXVIII— TERM OF AGREEMENT 17 Page 2 of 17 AGREEMENT This Agreement entered into this I day of January, 2008 , by and between the Southern Cayuga Lake Intermunicipal Water Commission, a municipal corporation, hereinafter called the "Employer", and the International Union of Operating Engineers, Local 832S , hereinafter called the "Union". WITNESSETH : WHEREAS , the Employer and the Union, as parties to this Agreement, have consented to entering into written contracts with respect to wages, rates of pay and other terms and conditions of work, and WHEREAS , it is the policy of the Employer to protect the public by assuring at all times the orderly and uninterrupted operation of its facilities, and WHEREAS , one method of effectuating these policies is by granting to its employees the right of organization and representation, and WHEREAS , the parties have reached certain understandings which they consent to confirm in this Agreement, NOW THEREFORE, in consideration of the following mutual covenants, it is hereby agreed as follows : ARTICLE I. PREAMBLE : The Employer and the Union declare it to be their mutual policy that in order to promote harmonious labor relations between the Employer and its employees, the principle of collective negotiations is to be employed pursuant to the New York State Public Employee' s Fair Employment Act and that no Article or Section in this contract is to be construed to be in any violation of New York State Civil Service Law. Both parties to this contract furthermore affirm that public employment is to be regarded as a lifelong career and that as such, the terms conditions of employment and working conditions shall be of the highest caliber. We furthermore, affirm that each employee shall at all times be a dedicated, courteous and efficient representative of public employment, realizing full well that he/she is under the constant scrutiny of the public at large, and that he/she is performing an essential service for the benefit of the citizens of the community at large. The Union pledges its full cooperation to the Employer for the purposes of implementing the Employer' s Affirmative Action Policy, providing this shall not affect any employee rights under Civil Service Law or under the provisions of this Agreement. Page 3 of 17 ARTICLE II. RECOGNITION Section 1 . The Employer recognizes the Union as the sole and exclusive representative for all the employees described in Article III for the purposes of collective bargaining and processing of grievances for the periods and subject to the changes as provided in the Taylor Act. Section 2 . The Employer shall deduct from the wages of employees and remit to the Union regular membership dues for those employees who signed authorizations permitting such payroll deductions. The Employer agrees to deduct from the wages of employees and remit to the Union Voluntary Political Action Fund, a voluntary deduction specified by the employee, pursuant to a properly executed check-off authorization form which has been mutually agreed to between the Employer and the Union. The Union shall indemnify and hold the Employer harmless against any and all claims; suits, orders or other forms of liability that shall arise out of, or for reason of action taken by the Employer, in reliance upon payroll deduction authorization cards submitted by the Union to the Employer. ARTICLE III. COLLECTIVE BARGAINING UNIT Job Titles : Water Treatment Plant Operator Instruments and Controls Mechanic/Operator Distribution Operator ARTICLE IV. MANAGEMENT RIGHTS Except as otherwise specifically provided in the Agreement, the Employer retains all of the rights, functions, duties and responsibilities of management currently accorded it by law. These rights include, by way of illustration but not limited to : a. The determination of the mission, purpose, objectives, policies, and programs of the Employer. b . The determination of the size and qualifications of the work force, including the allocation and assignment of work or workers ; the content of job classifications ; the determination of policies affecting the selection and training of the employees and the ultimate authority to hire, recall, transfer, promote, evaluate, lay off, suspend, demote or dismiss employees, subject to applicable provisions of the Civil Service Law of the State of New York; c . The full and exclusive control of the management of the Employer; the supervision of all operations ; including the means, methods, manner, standards and processes by which any and all work will be performed; Page 4 of 17 d. The right to change existing, or introduce new equipment, operations, methods, processes, means or facilities as determined to be in the best interest of the Employer; e. The right to schedule operations, including the right to change work schedules . The employer shall provide employees with as much advance notice as practicable for any major, long-term or short-term change in work schedules . The employer reserves the right to alter work schedules for, but not limited to, vacations, personal leaves, sick leaves, holidays, and personal time taken by members of the bargaining unit; f. The right to implement permanent, temporary or seasonal layoffs and/or the right to implement work sharing schedules or work week reduction schedules as an attempt to avoid layoffs in the event that insufficient work is available to support the full work force in accordance with Article VI - Seniority; g. The right to determine the nature, mix and extent of services, utilities and energy resources to be produced, utilized, contracted for and/or purchased by the Employer; h. The right to determine and enforce work rules, standards of personal behavior on the job, qualitative and quantitative standards of performance and occupational health and safety standards ; i . The right to alter past work customs, traditions, and practices ; j . The right to subcontract any and all work when and as deemed necessary by the Employer; k. The right to establish and enforce rules and procedures for discipline and discharge for just cause. Furthermore, the exercise or non-exercise of rights hereby retained by the Employer shall not be deemed a waiver of any such right or prevent the Employer from exercising such rights in any way in the future. Page 5 of 17 ARTICLE V. NEW TECHNOLOGIES/EQUIPMENT Notwithstanding any other provisions of this agreement, Employer agrees that if Employer implements new technologies, introduces new equipment, or enters into contracts relating solely to operations performed by the members of the bargaining unit, and if any of such actions would have a significant adverse effect upon the job security or job titles of employees in the bargaining unit, Employer will make a reasonable effort to discuss same with the union prior to such implementation, introduction, or contract execution. Such discussions shall be solely for the purpose of seeking the union' s input on the Employer's proposed actions and to identify the potential effects such actions would have on the members of the bargaining unit . This clause, however, is in no way intended to preclude Employer from proceeding with such proposed implementation, introduction, or contract execution once Employer initiates discussion, even if the Employer and union are unable to agree on steps, if any, to mitigate any significant adverse effects of such actions on the members of the bargaining unit. ARTICLE VI. NO STRIKE GUARANTEE The Union affirms that under no circumstances shall the Union, its officials, its employees, its affiliates, or its members, directly or indirectly cause, instigate, permit, support, encourage or condone, nor shall any employee or employees, directly or indirectly, take part in any action against or any interference with the operations of the Employer or any of the municipalities associated with the Employer, such as a strike, work stoppage, sit-down, stay-in, slow-down, curtailment of work, restriction of production, or any picketing, patrolling or demonstrations at any location where operations of the Employer or operations of any municipality associated with the Employer are conducted whatsoever during the term of this Agreement and as a continuing obligation beyond the term of this Agreement. In the event of any such action or interference, and on notice from the Employer, the Union without delay shall take whatever affirmative action is necessary to prevent and bring about the termination of such action or interference . Such affirmative action shall include the immediate disavowal and refusal to recognize any such action or interference and the Union immediately shall instruct any and all employees to cease their misconduct and inform them that their misconduct is a violation of the Agreement subjecting them to disciplinary action, including discharge . In addition the Union shall within twenty- four (24) hours of any such action or interference, deliver the following notice to the Employer: "To all employees of Southern Cayuga Lake Intermunicipal Water Commission represented by Local 8325, International Union of Operating Engineers, AFL-CIO: Your are advised that the action against and interference with the operations of the Southern Cayuga Lake Intermunicipal Water Commission which took place (date) is unauthorized by the Union and in violation of the collective bargaining Agreement. You are directed to cease this action and interference immediately." An authorized official of the Union shall sign the notice. Nothing herein shall preclude the Employer from seeking legal or other redress of any individual who has caused damage to or loss of Employer property or from taking disciplinary action, including discharge, against any employee. Any such disciplinary action taken shall not be reviewable through the grievance and arbitration procedures, except for the fact question of whether the employee took part in any such action or interference. Page 6 of 17 ARTICLE VII. SENIORITY Seniority shall be defined as the length of continuous service with the Employer for the purpose of shift preference, vacation selection, lay off and recall . Seniority in respect to shift preference may be utilized only if a shift vacancy exists . An employee shall lose seniority if the employee : a. Resigns or quits . b . Is discharged or terminated (unless reversed through the grievance, arbitration, or Civil Service procedure) . c. Retires . d. Does not return from layoff within three (3) working days after being notified, by certified or registered mail or by telegram addressed to the employee at his last forwarding address filed with the Employer, to return to work. An employee who moves must notify the Employer of his change of address in writing within five (5) calendar days of such move. e. Has been on layoff for a time equal to his seniority at the time of his layoff or twelve ( 12) months, whichever is less . f. Is absent from work or fails to return to work at the expiration of a leave of absence, vacation or disciplinary layoff, for three (3) consecutive working days without notifying and receiving approval from the General Manager or designee . g. Is transferred or promoted into another position with the Employer, except such an employee shall have the right to return to his/her former position (with no loss of seniority) for a period of thirty (30) calendar days, provided such employee has not been discharged from his/her position in that department for misconduct. h. The employee fails to return to employment at the Employer within one year following the expiration of Short-Term Disability Leave. i . An employee on a continuous absence from work due to a work-related injury or illness who fails to return to work within one year of a determination by a physician that the employee is permanently disabled or if the employee fails to return to work within thirty (30) months following an absence due to work-related injury or illness . Bargaining unit employees who are promoted to supervisory positions with the Employer shall be eligible to return to the bargaining unit within three (3 ) months from the date of promotion, provided such employee has not been discharged for misconduct. Page 7 of 17 ARTICLE VIII. UNION BUSINESS Section 1 . The Union shall designate no more than two bargaining unit employees as the duly authorized shop stewards who shall be the representatives of the Union for all matters related to this Agreement. Without limiting the foregoing, such designated shop stewards shall be the representatives of the Union for purposes of (i) communications between the Union and the Employer, and (ii) investigation, negotiating and pursuing grievances under this Agreement. The Union shall give written notice to the Employer of the names of such shop stewards . When there are references to the shop steward in this Agreement, the references mean the duly authorized shop stewards so designated by the Union and no other shop stewards. The shop stewards will be provided the following time off from his/her assigned schedule of work, without loss of pay, for the purpose of adjusting grievances or assisting in the administration of this Agreement in meetings with management: a. One hour to investigate prior to a Step 1 grievance hearing. b . One-half hour to meet prior to a Step 2 grievance hearing and subsequent Steps . c . All time in a grievance meeting with management. Only one of the shop stewards will investigate and represent an employee in grievance hearings and meetings for any individual grievance . Section 2. Representatives of the Union shall have reasonable access to the facility, upon prior approval of the Employer, for the purposes of conferring with the Employer, the shop steward and/or bargaining unit employees and for the purpose of administering the terms of this Agreement. Requests for approval will not be unreasonably denied by the Employer. Denial of a request received by the Employer less than three business days before the date of requested access shall not be an unreasonable denial . Section 3. The Union shall be provided a bulletin board, to be located in a reasonably public location selected by the Employer, not exceeding nine square feet in size, for the posting of notices or other information for the bargaining unit employees, related to Union business . No inappropriate communications (as determined by the Employer' s General Manager) which would reflect adversely on the reputation of the Employer or which could constitute harassment of other employees shall be placed on such bulletin board. Section 4. Except for actual time in a grievance hearing or meeting with a representative of the Employer, employee business with the Union shall be conducted during non-duty hours . Except for use of the bulletin board set forth above, no Employer facilities, including telephones, computers, and copy machines, shall be used for Union business except as follows : Employees may occasionally use the Commission' s equipment on their own time, however, the following rules apply. 1 . All work performed and time scheduled must first be approved by the appropriate Department Head. 2 . Work must be performed outside normal hours (the lunch period may be used) . 3 . Equipment may be used, but not materials (paper and computer supplies, etc .) . 4. Copiers maybe used, but copies must be paid for at the public charged rate of $0.25 . Flexibility is allowed for 1 or 2 occasional copies . Page 8 of 17 ARTICLE IX. GRIEVANCE PROCEDURE Section 1 . As used in this Article, a grievance shall mean any claim or controversy arising out of and during the term of this Agreement relating to the interpretation, application, or breach of the provisions of this agreement. When any such grievance arises, the procedures set forth in Section 2 shall be observed. Section 2. Step 1 - An aggrieved employee and/or a Union officer or shop steward shall notify the aggrieved employee' s immediate supervisor within five days from the date on which the cause of the complaint occurred or from the date the employee had reason to know of its occurrence. The supervisor will arrange to meet with the employee and his/her shop steward promptly to discuss the grievance. The supervisor will provide an answer to the employee within five working days following the Step 1 meeting. Step 2 - If a satisfactory settlement is not reached in Step 1 , the grievance may be appealed, in writing, to the General Manager or his/her designee provided it is appealed within seven working days following the Step 1 decision. The grievance shall be dated and signed by the grievant and the shop steward and shall set forth the nature of the grievance including contract provisions allegedly violated, facts and pertinent dates, and the remedies desired. The General Manager or designee will arrange for and will meet with the grievant and the shop steward within seven working days following receipt of the written grievance. A written answer will be provided within five working days following the Step 2 meeting. Step 3 - If the employee does not receive a satisfactory answer in Step 2 , the Union may appeal the grievance, in writing, to the Chair of the Employer' s Personnel Committee, or designee, provided it is appealed within five working days following the date of receipt of the Step 2 decision. The Chair of the Employer' s Personnel Committee, or designee, will arrange to meet with the grievant, his/her shop steward and the Union representative, within five working days of receipt of the written grievance from the Union. A written answer will be provided within seven working days following the Step 3 meeting. Page 9 of 17 Step 4 - In the event the grievance is not resolved, the Union may appeal the grievance to arbitration in accordance with the procedures of the Federal Mediation and Conciliation Service:, within ten working days following receipt of the Step 3 decision. FMCS shall be petitioned to provide a panel of seven arbitrators, from which the Employer and the Union will alternately strike names until one remains, within fourteen working days of receipt of the list. a) . It is understood by the parties that the cost of the arbitration shall be borne equally by the parties . b) . The findings, conclusions and recommendations of the arbitrator shall be final, conclusive and binding upon all parties . c) . The arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 , of this Article, and shall have no power to add to , subtract from, or modify in any way the terms of this collective bargaining agreement. d) . The arbitrator' s decision shall be rendered in accordance with the time limits of the FMCS . Section 3 . Every employee shall have the right to present his/her grievance free from interference, coercion, restraint, discrimination or reprisal by either the Employer or the Union and shall have the right to representation by his/her shop steward or Union representative. Section 4. Any disposition of a grievance from which no appeal is taken within the time limits specified shall be deemed resolved in accordance with the decision at the step from which an appeal could have been taken and shall not thereafter be considered subject to the grievance and arbitration procedure. Section 5. Failure on the part of the Employer to answer within the time limits specified will advance the grievance to the next step . Section 6. The Union shall have the right to submit class action grievances, to be presented initially at Step 2 , within the time limits specified in Step 1 . Section 7. The submission by an Employee of any grievance pursuant to this Agreement of a matter that could also be subject to the New York State Civil Service Law provisions regarding discipline shall be accompanied by a document, signed by the Employee, pursuant to which the Employee waives his right to a hearing under the Civil Service Law and agrees to accept the final decision under this grievance procedure as final and binding, and not subject to further Civil Service Law proceedings . Conversely, if an Employee has sought a hearing under the Civil Service Law, the Employee and Union agree that the decision in the Civil Service Law proceeding shall be final and in lieu of any grievance proceedings pursuant to this Agreement. Page 10 of 17 ARTICLE X. SEVERABILITY It is not the intent of either party hereto to violate any laws or rulings or regulations of any Governmental authority or agency having jurisdiction of the subject matter of this Agreement, and the parties hereto agree that in the event any provisions of this Agreement are held or constituted to be void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of the Agreement. ARTICLE XI. CONFLICT WITH INTERMUNICIPAL AGREEMENT The Union acknowledges that it knows the Employer is a Commission created by virtue of an intermunicipal agreement (the "Intermunicipal Agreement") between the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing, acting on their own behalf and on behalf of certain water districts located within the boundaries of certain of such Towns . The Union also acknowledges that the Employer' s authority to act and to agree is limited to the authority granted by the terms of the Intermunicipal Agreement . Accordingly, the Union and Employer agree that in the event any provision of this Agreement is in conflict with, or in excess of any authority granted to the Employer by, the Intermunicipal Agreement, such provision shall be deemed null and void and unenforceable by the Union against the Employer or any of its constituent municipalities . ARTICLE XII. COMPLETE AGREEMENT The parties agree that each has had unlimited right to present proposals and counterproposals concerning wages, hours and other terms and conditions of work, the results of which are set forth in this Agreement. This document constitutes the entire Agreement between the parties and no verbal statement or other agreement in whatever form, except an amendment to this Agreement in writing annexed hereto and specifically designated as an amendment, shall supersede or vary any of the provisions of this Agreement. ARTICLE XIII. APPROVAL OF AGREEMENT This Agreement shall not be binding upon the Employer until it is approved by the governing bodies of the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing. Employer agrees to notify the Union of the decision of each of such bodies within one week of the vote on same. The following agreement is included pursuant to Civil Service Law Section 204-a: It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval . Page 11 of 17 ARTICLE XIV. OVERTIME Hours an employee works in excess of 40 per week. The Fair Labor Standards Act of 1938 requires that overtime pay must be paid at a rate of not less than one and one-half times the non-exempt employee's regular rate of pay for each hour worked in excess of 40 hours per week. Overtime is calculated on a weekly basis and not a bi-weekly pay period. Employee fringes used to makeup a 40-hour week will be included in the calculation of overtime pay. Distribution Employees will be paid time and one-half for all hours worked over 8 hours in one day. All employees must use paid time off fringes prior to going un-paid for time off. Distribution Employees will be granted first shift overtime for hours worked while performing 20% audits . ARTICLE XV, SHIFT DIFFERENTIAL Production and Distribution Department employees working 4 : 00 pm to midnight (2nd Shift), will be paid at an increase of $ 1 . 10 per hour, and working midnight to 8 : 00 am (3rd Shift), will be paid at an increase of $ 1 . 65 per hour. An employee who works overtime hours as an extension of their scheduled shift, either at the beginning or end of the shift, and the overtime hours are an extension to a shift hour that qualifies for a shift differential, shall have the applicable shift differential folded into their existing base hourly rate for the calculation of the overtime rate for those hours. ARTICLE XVI. ON-CALL The Production and Distribution Department employees are required to rotate being "on call" for weekends and holidays. Distribution Department employees are additionally required to be "on call" from 4 : 00 p.m. to 8 : 00 a.m. Monday through Thursday. During this time they must remain in radio or general telephone contact and be able to respond to the plant or work site within one hour, fit for duty. Employees will be paid one and one half hours at time and one half for each 24 hours of on call time for a normal two-day weekend. If the weekend is extended due to a holiday, an additional hour and one half will be given for each additional 24 hours on call. Distribution Department employees will be paid one hour at time and one half for each 16 hour weekday on call period of 4 : 00 p .m. to 8 : 00 a.m. Monday through Thursday. This provision is in addition to overtime pay for any hours actually worked while "on call". ARTICLE XVII. CALL IN Employees who are called in to work are guaranteed a minimum of four (4) hours work call-in pay at a rate of time and one half. If an Employee is asked to come into work within two hours of the start of his/her shift, the employee will receive one hour pay at straight time for the unscheduled early start and time and one-half for the time worked on the early start. Therefore, the employee is required to remain on duty. Page 12 of 17 ARTICLE XVIII. —COMPENSATION TIME At the option of the employee, time off may be taken in lieu of monetary overtime compensation provided that the employee has prior Department Manager approval. This is extended to employees who are non-exempt under Section 207 of the Fair Labor Standards Act (FLSA) . Employees will earn compensatory time at straight time from 37 '/2 to 40 hours per week. Employees will earn compensatory time at time and one half for all hours over 40 in a week. Compensatory time will accrue up to a limit of 40 hours. Vacation, Sick, and Personal time can not be used to earn compensatory time. Employees must sign an employer prepared written agreement to accept compensatory time at time and one half in place of overtime pay. ARTICLE XIX. UNIFORMS AND SAFETY SHOES Distribution employees are required to wear uniform style clothing during all working hours and Production employees have the option of wearing uniform style clothing. Production employees that elect to wear uniform style clothing are required to wear the uniform style clothing during all working hours . Distribution and Production employees must wear OSHA approved steel-toed safety shoes while on duty. For Distribution employees, and for Production employees that wear uniform style clothing, the Commission will provide reimbursement for uniforms and safety shoes up to a maximum of $250 .00 per year. For Production employees that do not wear uniform style clothing, the Commission will provide reimbursement for safety shoes up to a maximum of $ 100 . 00 per year. Uniforms will display an employee' s first name and identify him/her as a Commission employee; the cost of the name and logo will be absorbed by the Commission. ARTICLE XX. SAFETY GLASSES Prescription ANSI safety glasses will be reimbursed for a total not to exceed $90 .00 and no more frequently than every two years, unless there is a prescription change. ARTICLE XX1. HOLIDAYS New Year's Day - January 1st Martin Luther King JR' s Birthday - Third Monday in January President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Columbus Day - Second Monday in October Veterans' Day - November 11th Thanksgiving Day - Fourth Thursday in November Day after Thanksgiving- Fourth Friday in November Christmas Day - December 25th Floating Holiday- new date specified each year by vote of all Commission staff Employees who work on a Holiday (except the floating holiday) as part of their regular shift will receive pay at a rate of time and one half for the hours worked on said holidays and holiday pay at Page 13 of 17 straight time for the hours worked on said holiday. Employees who work on the floating holiday as part of their regular shift will be paid straight time for hours worked on those holidays and a moved holiday. Employees may take a moved holiday on a day of their discretion provided that it is consistent with the operational needs of the employer and approved by the employee ' s Department Manager. ARTICLE XXII. VACATION Employees will be granted vacation according to the following schedules : less than 5 years 10 days 5 — 9 years 15 days 10 years 16 days 11 years 17 days 12 years 18 days 13 years 19 days 14 years plus 20 days VACATION SCHEDULE (For SCLIWC employees hired prior to January 1 1993) : 1 through 5 years 10 days 6 through 9 years 15 days 10 or more years 20 days Vacations must be consistent with the operational needs of the department and approved by the Department Manager. Vacation Buy Back: Employees are allowed to sell back up to 40 hours of accumulated vacation time in December of each year this contract is in effect provided that the employee has taken at least one week of vacation in the preceding twelve months . ARTICLE XXIII. DENTAL INSURANCE Dental insurance is offered to all employees, but not including short-term temporary employees. All employees opting for dental insurance shall pay 100% of the family or individual premiums . ARTICLE XXIV. HEALTH INSURANCE Health insurance coverage is offered to all employees . Employees covered by this agreement shall receive the same Health Insurance benefits as non-covered, hourly employees in accordance with the policy then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, hourly employees . If the employer changes the policy regarding Health Insurance benefits for non-covered, full time, hourly employees, the employer will notify the union and will meet with the union prior to implementation. Page 14 of 17 Health Insurance Buy Back: Employees who elect not to take health insurance through the employer shall receive 50% of the employer' s annual contribution for an individual policy provided that the employee provides proof to the employer that the employee is covered by another health insurance plan which provides health insurance coverage for the employee equal to or better than the coverage of the health insurance; plan being offered by the employer at that time . Retirees Health Insurance Benefit: 1 . Eligibility: To be eligible for health insurance, the retiree must have retired from the SCLIWC and be receiving retirement benefits from the New York State and Local Retirement System. If the retiree does not fulfill the previous qualifications, but wishes health coverage through the group, he/she may do so by paying 100% of the premium. 2 . Use of Sick Time : If a retiree has an accrued "sick time" balance, (not to exceed 960 hours), and wishes to continue health insurance coverage, they may do so . The sick balance will be computed to a dollar amount by multiplying the sick balance by the retiree' s hourly wage at the time of retirement. The coverage paid by the sick balance will be for an individual policy ONLY. A percentage, based on years of service, of the premium will be deducted from the retirees' "sick time" balance until it is depleted. YEARS OF SERVICE RETIREE' S PORTION COMMISSION ' S PORTION AT RETIREMENT OF PREMIUMS OF PREMIUMS 30 AND OVER 25 % 75 % 25 -29 50% 50% 15 -24 65 % 35% 5 - 14 80% 20% LESS THAN 5 100% 0% Employee' s Survivors Health Insurance Benefit: In the event of the death of an employee who had at least 5 years of service, the decedent employee ' s dependents (spouse/partner and eligible children) can remain on the Commission' s health insurance by paying 100% of the insurance premium. Coverage can continue until the dependent has obtained health insurance coverage eligibility through another employer, through Medicare, or no longer meets the insurance plan' s eligibility requirements, i . e : , over the age of 19 and not a full time student. The survivor(s) must choose to continue the coverage by completing the appropriate insurance change form(s), or sign a waiver of coverage if they do not elect to continue coverage. The Commission reserves the right to allow the employee ' s dependents to spend down the sick: time balance by paying for the dependents ' health insurance. The premiums would be paid for 100 1.1i0 from this sick time balance until it is depleted. Premiums paid by the decedent employee ' s dependents must be paid to the Commission each month to insure coverage . Payments overdue by 60 days will result in termination of coverage . The Commission will review the benefit of offering continued coverage of health insurance to survivor(s) , beyond that required by law, every three years . Page 15 of 17 ARTICLE XXV, WAGES Employees covered under this contract will receive a 4 . 5 percent increase in their wages the first year of the contract, a 3 . 5 percent increase in the second year of the contract, and a 3 . 25 percent increase in the third year of the contract. Employees at Job Rate and New Hires 10$9'/o 103.5% 10aa/o 200B 2009 2D10 2ndyr. lstyr. 2rdyr. lstyr. 2rdyr. .JcbTitle liblioafe 1styr. vAc, vdlia Jabrate liblioafe vAc. wlia K>3 �m libhcaise Whc. whc. Jobrate 0-1 yrs. 12yrs. 2-3 yts >3 yis 0-1 Ms 12yis. 2-3 yis 0-1 yts 12yts 2-3 yis. >3 yis. WfR7 $ 1575 $ 16.96 $ 1817 $ 1884 $ 16.30 $ 17.56 $ 18.81 $ 19.9D $ 16.83 $ 1a12 $ 1942 $ 23. 13 18110 $ 1575 $ 1696 $ 1817 $ 1884 $ 1630 $ 17.55 $ 1881 $ 19.90 $ 16.83 $ 1812 $ 1942 $ 20. 13 DO $ 14.54 $ 1569 $ 1696 $ 17.70 $ 1504 $ 1623 $ 17.55 $ 1832 $ 1553 $ 1676 $ 1812 $ 1892 wages for those above job rate 2007 Base 2008 Wage 2009 Wage 2010 Wage Years Employed Hourly Rate 4 . 5 % 3 . 5 % 3 . 25 % Water Plant Operator 25 $ 19 . 96 $20 . 86 $21 . 59 $22 . 29 Water Plant Operator 17 $ 19 . 36 $20 . 23 $20 . 94 $21 . 62 Lon2evity Longevity payments will increase each year by $ 10 for all the ranges . Longevity 2007 2008 2009 2010 10 to 14 years service $300 . 00 $ 310 . 00 $ 320 . 00 $330 . 00 15 to 19 years Service $400 . 00 $410 . 00 $420 . 00 $430 . 00 20 to 24 years service $ 500 . 00 $ 510 . 00 $ 520. 00 $ 530 . 00 >25 years service $600 . 00 $610 . 00 $620 . 00 $ 630. 00 ARTICLE XXVI. LEADPERSON COMPENSATION The Production and Distribution Department Leadpersons will receive a $ 1 ,200 annual stipend for the life of the contract. Page 16 of 17 J ~ ARTICLE XXVII. OTHER BENEFITS Employees covered by this agreement shall receive the same Sick Leave, Personal Time, Bereavement Leave, Military Leave, Leave of Absence, Jury Duty, Short-term Disability, Long-term Disability, Group Life Insurance and Flexible Spending Plan benefits as non-covered, full time, hourly employees in accordance with the policies then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, full time, hourly employees . If the employer changes any benefit for non-covered, full time, hourly employees, the employer will notify the union and will meet with the union prior to implementation. ARTICLE XXVIII. TERM OF AGREEMENT This Agreement shall be effective as of the 1St day of January 2008 and shall remain in Rill force and effect until the 31 " day of December 2010. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, at least 120 days prior to the expiration date, that it desires to modify the Agreement. In witness thereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Date : Date : Southern Cayuga Lake Intermunicipal International Union of Operating Water Commission Engineers , Local 832S , AFL-CIO Stephen C . Lipinski Joseph Agnello Commissioner, Town of Dryden Business Representative Catherine Valentino Peter Middaugh Supervisor, Town of Ithaca Shop Steward Paul F. Tunison Blaise A. Wright General Manager Shop Steward Page 17 of 17 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT # 7 Memo of Intro Planning Department Memorandum A G E A D.A # 13 To : Town Board Members From : Susan Ritter, Assistant Director of Planning Date : November 14 , 2007 Re . Stormwater Management and Erosion and Sediment Control Enclosed please find the draft Town of Ithaca Stormwater Management and Erosion and Sediment Control Law. The Codes and Ordinances Committee has completed their review of this draft law and is forwarding it to the Town Board for consideration . The November 19th Town Board agenda includes a discussion of this proposed law, and consideration of a referral to the Planning Board and Conservation Board . Enactment of this law is mandated by the NYS Department of Environmental Conservation ( DEC ) . The DEC has been delegated by the US Environmental Protection Agency to carry out a stormwater management program using a system of state permits called SPDES ( State Pollution Discharge Elimination System ) . The program ' s goal is to protect the water quality of our streams , lakes , and reservoirs by controlling sediment and other pollutants from entering stormwater runoff. Under the SPDES program , " regulated " municipal separate storm sewer systems ( MS4 ) must establish a comprehensive stormwater management program that reduces the discharge of pollutants to the " maximum extent practicable" . The term " MS4" includes both municipal and non - municipal systems of underground pipes , catch basins , curbs , gutters , ditches , man - made channels and storm drains . Having been designated a " regulated MS4" the Town must complete several key tasks including the adoption of a local law ( or some regulatory mechanism ) that specifically controls construction site erosion and post-construction stormwater runoff. As mandated , the local law is required to be at least as stringent as the state SPDES General Permit for Stormwater Discharges from Construction Activities ( GP-02-01 ) . Key provisions include the requirement for construction site operators/owners to prepare a " Stormwater Pollution Prevention Plan" ( SWPPP ) and the establishment of a framework for the long term maintenance of stormwater management practices . The NYS DEC has developed a model/sample law to serve as a guidance tool for municipalities subject to the MS4 stormwater regulations , and incorporates language that meets the minimum SPDES requirements . The Town of Ithaca law was drafted by incorporating elements of this NYS model law , but it also incorporated ideas borrowed from other more innovative laws , developed both locally and nationally , as well as included input and suggestions from Town Engineering , Building , and Planning Department staff, as well as COC members . The result is a law that well exceeds the minimum requirements mandated by NYS , with the incorporation of controls and oversight that should considerably help to protect our water resources . Enclosed is brief summary comparing the NYS Department of Environmental Conservation ( NYS DEC ) Model/Sample Stormwater Law with the enclosed draft Town law. In general , the Town law requires smaller and more types of land development Agenda item # 14 - Memo of Intro activities to be regulated , particularly for erosion and sedimentation control , it expands the list of performance and design criteria , and includes additional submission and inspection requirements . The Town law also seeks to encourage and require the use of non-structural stormwater management practices , a concept that is beginning to gain some momentum in NYS , with wider use in certain other parts of the country . The enactment of this law will require modification to several chapters in the Town Code in order to reference the new stormwater management requirements . This includes the Zoning Chapter ( sections dealing with site plan review and fill permits ) and the Subdivision of Land Chapter. Also , the recently enacted Chapter 228- 1 , " Repair of stormwater facilities ; and recover of Town charges" , will be incorporated into this law, so it is proposed that the current title of Chapter 228 , " Stormwater Management , " be deleted and replaced by the new chapter 228 titled " Stormwater Management and Erosion and Sediment Control " to reflect this new law. The NYS DEC set a deadline of January 8 , 2008 for municipalities to enact a stormwater law. It is not anticipated that the Town will meet this deadline given the need to provide time for public. input , including holding a public informational ( informal ) meeting sometime in early to mid December. It is anticipated that after a public comment period , the draft law could be brought to the Town Board for consideration of enactment in very early 2008 . , It is hoped that the Town ' s obvious 'progress and imminent enactment of the law will satisfy DEC requirements . Please let me know if you have any questions , or need any additional information . Enc . Agenda Item - Description of amendments Law Comparisons : Town of Ithaca Draft Stormwater Management and Erosion & Sediment Control LL Versus NYS Department of Environmental Conservation Model Law ( Section numbers refer to the Town of Ithaca draft local law) § 228-2 &3 Findings and Purpose The Findings and Purpose sections are similar to those in the NYSDEC ( DEC ) model law . The Town of Ithaca ( TOI ) draft incorporates justifications and purposes of the law from a compilation of several municipal local laws/ models , as well as the DEC model . 228- 5 Definitions The TOI draft adopted some of the DEC definitions , but not all . For those terms where a definition already exists in the Town Code , the Town definition was utilized . 228- 6 Applicability Both DEC and TOI have requirements for a : 1 ) Basic Stormwater Pollution Prevention Plan ( SWPPP ) , which prescribes construction related erosion control measures , and a 2 ) Full Stormwater Pollution Prevention Plan ( SWPPP ) , which prescribes post- construction stormwater management ( permanent facilities ) . The thresholds that trigger submission of a Basic and/or Full SWPPP are similar for both DEC and TOI , but TOI includes a third " Plan" category with lower thresholds , which the DEC model does not have . This new category was developed to insure erosion control measures would be implemented on smaller projects , especially those taking place near waterbodies and/or on land with any sort of grade . The new category : 3 ) Simple Erosion and Sedimentation Control Plan , seeks to control erosion from smaller development projects , without requiring the same amount of plan details as a Basic SWPPP , hence " simpler" submission requirements . The DEC does not incorporate this category , nor do they have similar requirements for regulating smaller development projects . The result is : • TOI regulates for erosion control at a threshold starting at 10 , 000 square feet of disturbance , whereas the DEC threshold starts at 1 acre . • TOI draft law also includes thresholds for quantities of excavation and fill , whereas the DEC model does not. • TOI draft also provides discretion to require an erosion control plan below the established thresholds if it is determined ( by appropriate staff) that the disturbance may pose some harm , which DEC does not include . The TOI draft and DEC model have similar thresholds for the Full SWPPP , when post- construction ( permanent) stormwater management facilities/practices would be required . 1 Revised 11 / 14107 Agenda Item # 14 — Description of amendments • Both TOI and DEC require a Full SWPPP for single-family housing development when disturbance of 5 acres or more of land occurs , • Both require a Full SWPPP for all other types of development when 1 acre or more is disturbed . • Only TOI establishes a threshold for the amount of impervious surface constructed , and requires a Full SWPPP for projects that create 10 , 000 square feet or more of impervious cover ( other than for construction of single- family housing ) . ( For reference , the Burger King at E . Hill Plaza is approximately 25 , OOO - sq . ft . of impervious surfaces , including the building and parking for approximately 40 cars , not including driveways . ) In terms of format and organization , the DEC Model contains an "Applicability" section , but this section refers the reader to the " Definitions" section to determine when a Basic SWPPP is required , and then the reader must look further in the model law to find the " Contents of SWPPP" section for when a Full SWPPP is required . In contrast , the TOI draft defines applicability and associated thresholds upfront at the beginning of the law. § 228- 7 Exemptions Most of the DEC Model exemptions were included in the TOI , with some additional conditions added to the "logging activities" exemption , routine maintenance and repair activities were omitted from TOI draft , and language for home landscaping and gardening was better specified . 228- 9 Performance and Design Criteria DEC and TOI vary considerably in this section , with DEC having only identified just a few standards , while TOI includes the DEC standards plus a number of key additions . Those standards included in the TOI draft that are not included in the DEC model include : A . Technical Standard ( 3 ) The Use and Implementation of Stormwater Credits - volunteer incorporation of non - structural stormwater management techniques measures to help reduce required water quality treatment volume ; B . Better Site Design Requirements — non- structural stormwater management techniques , of which up to two would be required to be used when a Full SWPPP is required ; C . General Standards ( 1 ) Avoid disturbance of wetlands , stream corridors , and surface waters . . . no discharge of untreated stormwater directly into a natural wetland for stormwater impoundment . ( 3 ) The groundwater recharge capacity of an area being developed , shall to the maximum extent possible , be maintained where site conditions permit . 2 Revised 11 / 14/07 �+ Agenda Item # 14 — Description of amendments 228- 10 Stormwater Pollution Prevention Plans This section outlines what information will need to be submitted in the Stormwater Pollution Prevention Plans ( SWPPP ) or Simple Erosion and Sedimentation Control Plan , and includes certification requirements for those preparing the plans . In general , the TOI draft defines more details that shall be submitted for the SWPPPs . In addition this section lists the requirements for a Simple Erosion and Sedimentation Control Plan which , as stated above , is not an element in the DEC model . § 228- 10 Maintenance , Inspection , and Repair of Stormwater Facilities The TOI draft and DEC Model are very similar, but TOI includes some additional beefed up reporting and inspection requirements . 3 Revised 11 / 014/07 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT 143 AID. Town Board Appointments : Planning Board, zoning Board of Appeals and Conservation Board A ,G E ly -A A § 267 . Zoning board of appeals . 1 . Definitions . As used in this section : (a) "Use variance " shall mean the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations . (b) "Area variance " shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations . 2 . Appointment of members . Each town board which adopts a local law or ordinance and any amendments thereto pursuant to the powers granted by this article shall appoint a board of appeals consisting of three or five members as shall be determined by such local law or ordinance and shall designate the chairperson thereof. In the absence of a chairperson the board of appeals may designate a member to serve as acting chairperson . The town board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the town board for such purpose . In making such appointments , the town board may require board of appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members . 3 . Town board members ineligible . No person who is a member of the town board shall be eligible for membership on such board of appeals . 4 . Terms of members first appointed . In the creation of a new board of appeals, or . the reestablishment of terms of an existing board , the appointment of members to the board shall be for terms so fixed that one member's tern shall expire at the end of the calendar year in which such members were initially appointed . The remaining members ' terns shall be so fixed that one member's term shall expire at the end of each year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed for a tenn which shall be equal in years to the number of members of the board . 5 . Terms of members now in office. Members now holding office for terns which do not expire at the end of a year shall ; upon the expiration of their tenn ,' hold: office until the end of the year and their successors shall then be appointed for terns which shall be equal in years to the number of members of the board . 6 . Increasing membership . Any town board may; by local law or ordinance, increase a three member board of appeals to five members . Additional members shall be first appointed for single terms as provided by resolution in order that the terns of members shall expire in each of five successive years and their successors shall thereafter be appointed for full terns of five years . No such additional member shall take part in the consideration of any matter for which an application was on file with the board of appeals at the time of his or her appointment . Town Board Appointments: Planning Board; Zoning Board of Appeals and Conservation Board - 7 : Decreasing membership : A town board which has increased the number of members of the board of appeals to five may, by local law or ordinance, decrease the number of members of the board of appeals to three to take effect upon the next two expirations of terms . Any board of appeals which , upon the effective date of this section has seven members , may continue to act as a duly constituted zoning board of appeals .until the town board : by local law or ordinance , reduces such- membership to three or five . However, no incumbent shall . be removed from -office except upon the expiration of his or her term. 8 . Vacancy in office. If a vacancy . shall occur otherwise than by expiration of term , the town board shall appoint the new member for the unexpired term . 9 . Removal of members . The town board shall have the power to remove, after. - -public hearing,- any member ofthe zoning board of. appeals for cause . Any zoning board of appeals member maybe removed for non - compliance with minimum requirements relating to meeting attendance and training as established by the town board . by local law or ordinance. 10 . Chairperson duties . All meetings of the board of appeals shall be held at he call. of . the chairperson and at such- other times as such board may determine . Such chairperson ; or in his or her absence, the acting, chair, person , may administer oaths and compel the attendance of witnesses . 11 . Alternate members . (a) A town board may. by local law or ordinance, or as a part of the local law or ordinance creating the zoning board of appeals, establish alternate zoning board of appeals member positions for purposes of substituting fora . ember in th'e event such member is unable to participate because of a conflict of interest . Alternate members of the zoning board of appeals shall be appointed by resolution of the town board , for terms established by the town board. (b) The chairperson of the zoning board of appeals may designate an alternate member to substitute for a member when such member is unable to participate. because of a conflict of interest on an application ormatter before the board. When so designated , the alternate. member shall possess all the powers and responsibilities of such member of the board . Such designation shall be entered into the minutes of the initial zoning board of appeals meeting at which the substitution is made. ( c) " Al} . provisions of this section relating to zoning board of appeals member training and continuing education , attendance, conflict of interest, compensation , eligibility, vacancy in office, removal , and service on other boards, shall also apply to alternate members . Note : . - For a complete discussion of zoning board of appeals powers and duties under this statute and applicable court decisions , see DOS Local Government Technical Series publication "Zoning Board of Appeals . " . ToNNrn Board Appointments : C� Planning Board ; Zoning Board of Appeals and Conservation Board § 267-a . Board of appeals procedure. I . Meetings ; minutes, records . Meetings of such board of appeals shall be open to the public to the extent provided in article seven of the public officers law . Such board of appeals shall keep minutes of its proceedings , showing the vote of each member upon every question , or if absent or failing to vote, indicating such fact , and shall also keep records of its examinations and other official actions . 2 . Filing requirements . Every rule, regulation , every amendment or repeal thereof. and every order, requirement , decision or detennination of the board of appeals shall be filed in the office of the town clerk within five business days and shall be a public record . 3 . Assistance to board of appeals . Such board shall have the authority to call upon any department , agency or employee of the town for such assistance as shall be deemed necessary and as shall be authorized by the town board . Such department , agency or employee may be reimbursed for any expenses incurred as a result of such assistance. 4 . Hearing appeals . Unless otherwise provided by local law or ordinance, the jurisdiction of the board of appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision , interpretation , or detenmination made by the administrative official charged with the enforcement of any. ordinance or local law adopted pursuant to this article. The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse any order, requirement , decision or determination of any such administrative official , or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved , or by an officer, department , board or bureau of the town . 5 . Time of appeal . Such appeal shall be taken within sixty days after the filing in the town clerk 's office of any order, requirement , decision , interpretation or detennination of the administrative official charged with the enforcement of such ordinance or local law by filing with such administrative official and with the board of appeals a notice of appeal , specifying the grounds thereof and the relief sought . The administrative official from whom the appeal is taken shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from J7as taken . 6 . Stay upon appeal . An appeal shall stay all proceedings in furtherance of the action appealed from , unless the administrative official charged with the enforcement of such ordinance or local law , from whom the appeal is taken , certifies to the board of appeals , after the notice of appeal shall have been filed with the administrative official , that by reason of facts stated in the certificate a stay, would , in his or her opinion , cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown . 7 . Hearing on appeal . The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such Toxim Board Appointments : PlannincE Board, Zoning Board of Appeals and Conservation Board 1 hearing by publication in a paper of general circulation in the town at least five days prior to the date thereof. The cost of sending or publishing any notices rebating to such appeal , or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to . the board prior to the hearing of such appeal . Upon the hearing, any party may appear in person , or by agent or attorney. :. 8 . . . Time of decision . The board of appeals shall decide upon the appeal. within sixty- two days after the conduct of said hearing . The time within which the board of appeals must render its decision may be extended by mutual consent of the applicant and the board. 9 . Filing of decision and notice . The decision of the board of appeals on the appeal shall be filed in the office of the town clerk within five business days after the day such decision is rendered , and a copy thereof mailed to the applicant . I0 ,. Notice to, park commission and county planning board or agency or regional. planning council. At least fiv days before such hearing, the board of appeals shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal ; and to the county planning board or agency or regional planning council , as required by section two hundred thirty-nine-m of the general municipal law , which - notice shall be accompanied by a full statement of such proposed action , as -defined in subdivision one of section two hundred thirty- nine=m of the general municipal law . 11 . Compliance with state environmental quality review act . The board of appeals shall comply with the provisions of the state environmental quality review act _.under article eight of the environmental conservation law and . its implementing regulations as codified in title six , part. six hundred seventeen of the New York codes, rules and regulations. 12 . Rehearing . A motion for the zoning board of appeals to hold a rehearing to review any order. decision or determination. of the board not previously. reheard may be made by any member of the board . , A unanimous vote of all members of the board then present is required for such rehearing to occur. Such' rehearing is subject to the same notice provisions as. -an original hearing. Upon such rehearing the board may reverse, modify or. annul its original order, decision or determination upon the unanimous vote of all members then present, provided .the board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination .will not be prejudiced thereby. § 267 7b: Permitted action by board- of appeals . 1 . . Orders. requirements, decisions, interpretations, determinations . The board of appeals may reverse or affirm , wholly or partly, or may modify the order, . requirement , decision; interpretation or determination appealed from and shall . . make such order, requirement: decision , interpretation.-or-determination as in its opinion ought to have been made in the matterby the administrative official charged with the enforcement of such ordinance or local law and to that end shall Town Board Appointments : l Planning Board , Zoning Board of Appeals and Conservation Board have all the powers of the administrative official fi-om whose order, requirement, decision , interpretation or determination the appeal is taken . 2 . Use variances . ( a) The board of appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law , shall have the power to grant use variances , as defined herein . (b) No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship . In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every pennitte:d use under the zoning regulations for the particular district where the property is located , ( l ) the applicant cannot realize a reasonable return , provided that lack of return is substantial as demonstrated by competent financial evidence; (2 ) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood :; (3 ) that the requested use variance, if granted , will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created . ( c) The board of appeals , in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant , and at the same time preserve and protect the character of the neighborhood and the health , safety and welfare of the community. 5 . Area variances . (a) The zoning board of appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law , to grant area variances as defined herein . (b) In making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted , as weighed against the detriment to the health , safety and welfare of the neighborhood or community by such grant . In making such determination the board shall also consider: ToxN,,n Board Appointments : Planning Board, Zoning Board of Appeals and Conservation Board i ( 1 ) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2 ) whether the benefit sought by the applicant can be achieved by some method : feasible for the applicant to pursue, other than an area variance ; (3 ) whether the requested area variance is substantial (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district ; and ( 5) whether the alleged difficulty was self- created , which consideration. shall be relevant to the decision of the board of appeals , but shall not necessarily preclude the granting of the area variance (c) The board of appeals, the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health , safety and welfare of the community. 8 . Imposition of conditions . The board of appeals shall , in the granting of both use, variances and area variances, have the authority to impose such reasonable conditions and- restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community: § 267-c. Article seventy-eight proceeding. . 1 . Application_ to supreme court by aggrieved persons. Any person : or persons; jointly or severally aggrieved by any decision of the board of appeals or any officer,: department , board or bureau of the torn , may apply to the supreme court for review by a proceeding under article"_ seventy- eight of the civil practice law and rules . ' Such proceeding shall be instituted within thirty days after the filing of a decision of the board in the office of the town clerk . 2 . Costs of appeal. - Costs shall not be allowed against the board of appeals unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed fi-om . 3 . Preference of appeal to court . All issues in any proceeding under this section shall have preference over all other civil actions and proceedings . 4 . Power of court . if upon. the hearing at the supreme court, it shall 'appear to the court that testimony is necessary for the proper disposition of the matter, it may Town Board Appointments : Planning Board. Zoning Board of Appeals and Conservation Board take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law , which shall constitute a part of the proceedings upon which the detennination of the court shall be made . The court may reverse or affirm , wholly or partly, or may modify the decision brought up for review detennining all questions which may be presented for determination . § 268. Enforcement and remedies . 1 . The town board may provide by local law or ordinance for the enforcement of this article and of any local law, ordinance or regulation made thereunder. A violation of this article or of such local law , ordinance or regulation is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months , or both for conviction of a first offense : for conviction of a second offense both of which were committed within a period of five years , punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars or imprisonment for a period not to exceed six months, or both . and , upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both . However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article or of such local law; ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations . Each week 's continued violation shall constitute a separate additional violation . 2 . In case any building or structure is erected , constructed , reconstructed . altered , converted or maintained : or any building; structure or land is used , or any land is divided into lots. blocks, or sites in violation of this article or of any local law, ordinance or other regulation made under authority conferred thereby, the proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection ; construction, reconstruction , alteration , conversion , maintenance, use or division of land , to restrain , correct or abate such violation . to prevent the occupancy of said building, structure, or land or to prevent any illegal act , conduct , business or use in or about such premises : and upon the failure or refusal of the proper local officer. board or body of the town to institute any such appropriate action or proceeding for a period of ten days after written request by a resident taxpayer of the town so to proceed . any three taxpayers of the town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation , may institute such appropriate action or proceeding in like manner as such local officer, board or body of the town is authorized to do . Town Board Appointments: Planning Board; Zoning Board of Appeals and Conservation Board § 269 . Conflict with other laws . Wherever the regulations made under authority of this article require a greater width or size of yards or courts, or require a lower height of building or less number of stories , or require a greater percentage of lot to be left unoccupied , or impose other higher standards than are required in. any other statute or local law , ordinance or regulation, the provisions of the regulations made under authority of this article shall govern . Whenever the provisions of any other statute or local law, ordinance or regulation .require a greater, width or size of yards or courts; or require a lower -height of building or, a less number of stories , or require a greater percentage of lot to be left unoccupied , or impose other higher standards, than are required by the regulations made. under authority of this article, the provisions of such statute, or local law , ordinance or regulation shall govern . In towns where the town boards have already adopted a zoning ordinance or local . law pursuant to the provisions of chapter three hundred twenty-two of the laws of nineteen hundred twenty-two ; or chapter seven hundred fourteen or chapter seven hundred fifteen of the laws of nineteen hundred twenty- six , such boards shall not be required to adopt a new ordinance or local law and all actions taken and- proceedings had by such town boards and boards of appeal under the provisions of said chapter, are hereby ratified and confirmed . All necessary expenses incurred by any such board . in connection with the adoption and enforcement of the zoning ordinance or local law shall be a town charge . § 270 . Official map, establishment. The town board may establish an official map of that part of the town outside the limits of any incorporated city or village showing the streets , highways and parks theretofore Laid out, adopted . and established by law and drainage systems may also be shown on such map . Such map shall be final and conclusive with respect to the location and width of streets and highways. drainage systems and the ' location of parks shown thereon. Such official map is hereby declared to be established to conserve and protect the public health , safety and general welfare . The clerk of every town which has established such an official map shall immediately file a certificate of that fact with the clerk or registrar of the county in which said town is located . Note: - Effect of change in. county . official map on official' map of municipality affected -- see General Municipal Law , § 239 7e. § 271 . Planning board, creation ; appointment. Town Board Appointments : r, Planning Board ; Zoning Board of Appeals and Conservation Board I . Authorization . The town board of each town is hereby authorized by local law or ordinance. to create a planning board consisting of five or seven members and shall , by resolution , appoint the members of such board and designate the chairperson thereof. In the absence of a chairperson the planning board may designate a member to serve as chairperson . The town board may, as part of the local law or ordinance creating said planning board , provide for the compensation of planning board members . In making such appointments, the town board may require planning board members to complete training and continuing education courses in accordance with any local requirements for the training of such members . 2 . Appropriation for planning board . The town board is hereby authorized and empowered to make such appropriation as it may see fit for planning board expenses . In a town containing one or more villages, or parts thereof. such charges and expenses less fees , if any collected , shall be a charge upon the taxable property of that part of the town outside of said villages and shall be assessed ; levied and collected therefrom in the same manner as other town charges . The planning board shall have the power and authority to employ experts , clerks and a secretary and to pay for their services , to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the town board for such planning board . 3 . Town board members ineligible . No person who is a member of the town board shall be eligible for membership on such planning board . 4 . Terms of members first appointed . The terms of members of the board shall be for terms so fixed that the tenn of one member shall expire at the end of the calendar year in which such members were initially appointed . The terms of the remaining members shall be so fixed that one term shall expire at the end of each calendar year thereafter. At the expiration of the tenn of each member first appointed , his or her successor shall be appointed for a term which shall be equal in years to the number of members of the board . 5 . Terns of members now in office. Members now holding office for terns which do not expire at the end of a calendar year shall , upon the expiration of their tern , hold office until the end of the calendar year and their successors shall then be appointed for teens which shall be equal in years to the number of members of the board . 6 . Increasing membership . Any town board may, by local law or ordinance, increase a five member planning board to seven members . Additional members shall be first appointed for single teens as provided by resolution of the town board in order that the terms of members shall expire in each of seven successive years and their successors shall thereafter be appointed for full terms of seven years . No such additional member shall take part in the consideration of any matter for which an application was on file with the planning board at the time of his or, her appointment . 7 . Decreasing membership . A town board which has seven members on the planning board may by local law or ordinance, decrease the membership to five, to take effect upon the next two expirations of terms . However, no incumbent shall be Town Board Appointments : Planning Board ; Zoning Board of Appeals and Conservation Board removed from office except upon the expiration of his or her term : except as hereinafter provided . - S . Vacancy in office. if a vacancy shall occur otherwise than by expiration of teen ; - the town board shall appoint the new member for the unexpired term . . 9 . Removal of members . The town board shall have the power to remove; after public hearing; any member of the planning board for cause. Any. planning board member may be removed for non - compliance with minimum requirements - relating to meeting attendance and training as established by the town board by local law or ordinance . 10. Chairperson duties . All meetings of the planning board shall be held at the call of the chairperson and at such other times as such board may determine . Such chairperson , or in his or her absence, the acting chairperson , may administer oaths and compel the attendance of witnesses . l l . Appointment of agricultural member. Notwithstanding any provision of this chapter or of any general ; special or local law or ordinance, a town board may, if an agricultural district created pursuant to section three hundred three of article twenty- five-AA of the agriculture and markets law exists wholly or partly within the boundaries of such town , include on the planning board one or more members each of whom derives ten thousand dollars or more annual gross income from, agricultural pursuits in said town . As used in this subdivision , the term " agricultural pursuits " means the production of crops, livestock and livestock products , aquacultural products , and woodland products as defined in section three hundred one of the- agriculture and markets law . 12 . Service on other planning boards . No person° shall be disqualified from serving as a member of the town planning board by reason of serving as a member of a village or county planning board. 13 . Rules and regulations . The planning board may recommend to the town board regulations relating to any subject matter over which the planning board has jurisdiction under this article or any other statute, or under any local law or ordinance of the town . Adoption of any . such recommendations by the town board . shall be by local law or ordinance . 14. Report on referred: matters : general reports . a . The town board may by resolution provide for the reference of any matter or class of matters. other than those referred to in subdivision thirteen of this section , to the planning board before final action is taken thereon by the town board or other office or officer of said town having final authority over said matter. The tor=n board may further stipulate that finale , action thereon shall not be taken until the planning board has submitted its report thereon , or has had a reasonable time, to be fixed by the town board" . in said resolution , to submit the report . b . , The planning board may review and make _ recommendations on a proposed town comprehensive plan or amendment thereto . In addition , the planning board shall have full power and authority to make investigations, maps; reports and recommendations: m connection therewith relating to the planning and development of the town as it seems desirable, providing the .. tm Tov%7n Board Appointments : Planning Board, Zoning Board of Appeals and Conservation Board total expenditures of said board shall not exceed the appropriation provided therefor. 15 . Alternate members . ( a) A town board may, by local law or ordinance, or as part of the local law or ordinance creating the planning board , establish alternate planning board member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest . Alternate members of the planning board shall be appointed by resolution of the town board; for terms established by the town board . (b) The chairperson of the planning board may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the board . When so designated , the alternate member shall possess all the powers and responsibilities of such member of the board . Such designation shall be entered into the minutes of the initial planning board meeting at which the substitution is made . ( c) All provisions of this section relating to planning board member training and continuing education , attendance, conflict of interest , compensation , eligibility, vacancy in office, removal , and service on other boards , shall also apply to alternate members . 11 / 19 / 2007 TOWN 130ARD MEETING ATTACHMENT # 9 JOHN S . PEKOFF GARY R . STARING MARK D .L MAY PRESIDENT AND BUSINESS AGENT SECRETARY-TREASURER VICE PRESIDENT AND BUSINESS AGENT AND PRINCIPAL EXECUTIVE OFFICER t RECORDING TEAMSTERS LOCAL 317 KEITH C. DAVIDSON Affiliated with the International Brotherhood of Teamsters , TRUSTEES fff •� """°° ' Teamsters Joint Council No . 18 and its various divisions . SCOTT M. PARLEY STEPHEN R. LYKE DUANE E . WRIGHT 566 SPENCER STREET BOX 110317 - FRANKLIN SQ . STATION BUSINESS AGENTS ' SYRACUSE , NEW YORK 13218- 1037 WILLIAM E . ARNAUIJ' RICHARD D. GOLDEN PHONE : 315 -471 -4164 JOHN J . RUFFO TOLL FREE : 888 -471 -9733 November 5 , 2007 FAX : 315 -471 -4328 Ms , Cathy Valentino, Town Supervisor Town of Ithaca 215 N . Tioga Street I Lhaca , New York 14850 Dear Ms , Valentino : Please be advised that Teamsters Local 317 , an affiliate of the International Brotherhood of Teamsters , and Teamsters Joint Council 18 has obtained authorization cards from a majority of the employees in the Town of haca designating it as their exclusive representative for purposes of collective bargaining with respect to the rms and conditions of employment in accordance with the Public Employee ' s Fair Employment Act [Taylor W] . -Accordingly , we are asking that the Town of Ithaca_ recognize the Union as the exclusive representative all fult and regularly scheduled employees in the Department of Public Works in the following classifications or titles for the purposes of collective bargaining : Laborer , Motor Equipment Operator , Heavy Equipment Operators , Working and Crew Supervisors , Maintenance Workers , Engineering Technician , Senior Engineering Technician , Head Auto Mechanic , Mechanics and Assistant Auto Mechanic . We would be wilting to have a third party .verify that a majority of the employees have so designated the Union . A third party . card check is a process in which the Union submits signed authorization cards and the employer submits a list of the employees in the proposed bargaining unit , to an impartial person . Most typically, the third party is a clergyman or an academic . The impartial third party will simply report whether or not a majority of the employees have signed authorization cards . If you agree that this would be the best way to proceed , it shall be with the understanding that you will recognize the Unior . as the exclusive representative of these employees if a majority is confirmed . We would appreciate your response to this request for recognition within thirty [ 30] days . Should you have any questions , or require further clarification , do not hesitate to contact this office . Very truly yours , TEAMSTERS LOCAL 317 Y l ittiam E . Arnautt '� d d ,, usiness Agent WEA / cac Certified: 7605 1820 0006 2719 3014 We will only accept deliveries from UNION CARRIERS ! All other deliveries WILL BE REFUSEDI 11 / 19 / 2007 TOWN BOARD MEETING ATTACHMENT . # 10 AUDIO CASSETTE TAPE DISPOSAL Town Board Meeting — November 19, 2007 Old audio (cassette) tapes : Codes and Ordinance Committee 1990 - 1992 Comprehensive Plan Committee 1988 - 1992 Conservation Board 1991 — 1996 Planning Board 2006 — 06/05 /2007 Town Board 07/24/2006 — 07/09/2007 Zoning Board of Appeals 08/21 /2006 — 09/ 17/2007 All of the recorded information from these tapes has been transcribed into written minutes and those minutes have been approved by the respective boards. 1. Z / LI r � � \ V I � f4o i i. -- \ lip o ) I 'J �r 7 %*� .1 i 7N 0 I v/ 'J CA 6 x tA� Wj spj pry x !I r � S `0 \ T 6 _ 3 If n - n4 V