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HomeMy WebLinkAboutTB Minutes 2008-07-07 Regular Meeting of the Ithaca Town Board Monday, July 7 , 2008 at 5 : 30 p .m . 215 North Tioga Street, Ithaca, NY 14850 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature — Hon . Pam Mackesey, District No . 1 4 . Report of City of Ithaca Common Council — Hon . Robin Holtham Korherr 5 . 5 : 45 p . m . - Persons to be Heard and Board Comments 61 6 : 05 p . m . - Public Hearing regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES 7 . Consider SEQR regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES 8 . Consider resolution to adopt a LOCAL LAW AMENDING CHAPTER 270 OF THE r TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES 91 6 : 15 p . m . - Public Hearing regarding A PROPOSED LOCAL LAW ADDING CHAPTER 227 TO THE TOWN OF ITHACA CODE , TITLED "STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION " 10 , Consider SEQR regarding a proposed local law adding Chapter 227 to the town of Ithaca code , titled " Storm Sewer System and Surface Waters Protection " 11 . Consider Resolution to adopt a Local Law adding Chapter 227 to the Town of Ithaca Code , titled "Storm Sewer System and Surface Waters Protection " 12 . 6 : 20 p . m . - Public Hearing Regarding a proposed LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE , TITLED "VEHICLES AND TRAFFIC , " BY ADDING STOP SIGNS AND REMOVING YIELD SIGNS AT CERTAIN INTERSECTIONS 13 , Consider Resolution to adopt a Local Law Amending Chapter 250 of the Town of Ithaca Code , Titled "Vehicles and Traffic , " by Adding Stop Signs and Removing Yield Signs at Certain Intersections 14 , Consider Resolution of Appreciation for Jeff Cowie ' s years of service on behalf of the Town of Ithaca July 2, 2008 Page 1 of 2 II 15 . Consider Resolution of Appreciation for Eva Hoffmann ' s years of service on behalf of the Town of Ithaca 16 . Consider setting up an interview committee to fill the vacant Planning Board position 17 . Consider a resolution to confirm Supervisor's committee appointments 18 . Consider a resolution to make Town Board appointments to intermunicipal organizations 19 . Consider resolution on Cayuga Lake Monitoring Plan 20 , Consider SEQR for authorization of funds for construction of sewer extension on King Road East 21 . Consider authorization to fund , advertise , and solicit bids for the construction of sewer extension on King Road East 22 . Consider setting a public hearing for August 11 , 2008 at p . m . regarding A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA 23 . Consider authorizing the Town Supervisor to sign an easement agreement with Ithaca College relating to an existing water tank off Coddington Road 24 . Consent Agenda a . Town of Ithaca Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract 25 . Report of Town Committees 26 . Intermunicipal Organizations 27 . Report of Town Officials 28 . Review of Correspondence 29 . Consider Executive Session 30 . Consider Adjournment July 2, 2008 Page 2 of 2 Town of Ithaca Town Board Sign-In Sheet Meeting Date : Wednesday, July 30, 2008 — Special Town Board Meeting Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail � 2/AwV k 1 /4 U ld V'�/. l, N Sr /�vA<,� 6rianq, @C� co'� a<.r. a Ot Y4 / LrOA 310 v✓ . 6-9eer] sT :4: y 4y4cA CH41Lr 7a.✓ ryar�rtl1ACA, uRG 5 • ��/1Gt l�j 5"G 4 a r b a4:444Z 4Z fd r � 6'r, yaJ �a T,�aQ 6 2) A e. G'e.( ev i C D riv(°��� �° CJ , _ y i �, Town Board Minutes July 7, 2008 Final Regular Meeting of the Ithaca Town Board Monday, July 7 , 2008 at 5 : 30 p .m . 215 North Tioga Street, Ithaca, NY 14850 Present Herb Engman , Supervisor; Pat Leary, Councilwoman ; Peter Stein , Councilman ; Eric Levine , Councilman ; Bill Goodman , Councilman ; Tee-Ann Hunter, Councilwoman ; Rich DePaolo , Councilman . Staff Karen Billings , Town Clerk ; Fred Noteboom , Highway Superintendent ; Dan Walker, Town Engineer; Jonathan Kanter, Director of Planning ; Judy Drake , Human Resources Specialist ; Susan Brock , Attorney for the Town . Others Krisy Gashler, Ithaca Journal Legislator Mackesey, Tompkins County Legislature Call to Order Supervisor Engman called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 — Report of Tompkins County Legislature — Pam Mackesey Legislator Mackesey came before the board to give her report of the Tompkins County Legislature . She provided the board with a copy of an insert from the Legislative Gazette , which focused on Tompkins County. Legislator Mackesey reported on the following : • The Legislature' s goal is a 3 % increase for the 2009 budget. • TCAT is facing a shortfall due to the increase in fuel costs . They are conducting a Transit Development Plan to look at the routes and how effective they are . • The airport will have four more flights from Newark , New Jersey to Ithaca starting in October. Northwest Airlines in adding a jet flight to its 6 : 00 a . m . flight to Detroit , Michigan . • The County signed a 5 year contract with the History Center. • The possibility of a countywide records center for use by the county and municipalities within the county for its records storage . • A section of the Town is included in the county' s Rural Small Business Loan program ; any business located in that section of the Town is eligible to apply for loans . • The county Planning and Development Committee will be looking at the Cayuga Lake Monitoring Plan later in the week . Page 1 of 26 Town Board Minutes July 7, 2008 Fin Legislator Mackesey solicited questions from the board . Supervisor Engman asked if Legislator Mackesey had ever had the opportunity to look at the Town ' s records center, which includes a climate controlled archival room . Legislator Mackesey had not and thought that the committee set up to explore the possibility of a records center would be interested in seeing the Town ' s facilities . Supervisor Engman asked which section of the Town is covered by the Rural Small Business Loans program . Legislator Mackesey did not know but said she would be happy to provide the Town with a copy of the map showing the areas covered . Councilman DePaolo asked where the money [for the Rural Small Business Loans Program ] came from . Legislator Mackesey explained it is money the county received from HUD . She explained that when money is borrowed , the county keeps the pool of money paid back . Councilman DePaolo asked if they were low interest loans and Legislator Mackesey answered , yes . Supervisor Engman thanked Legislator Mackesey for her report . ` Actenda Item No . 14 - Consider Resolution of Appreciation for Jeff Cowie ' s years of service on behalf of the Town of Ithaca Councilwoman Leary moved and Councilman Levine seconded the proposed resolutio There being no discussion , Supervisor Engman called for a vote . Carried unanimously . TB RESOLUTION NO. 2008- 140: Recognition of Jefferson Cowie 's Years of Service the Community WHEREAS, Jefferson Cowie served as a Councilman on the Town Board from January 1 , 2006, through June 9, 2008, at which time he regretfully resigned, as his residency would be changing to the City, due to a promotion; and WHEREAS, Jeff contributed his professional insights in labor and workplace issues, as well as a sense of humor, patience, and mediation skills, as chair of the Personnel Committee and Employee Relations Committee, as a member of the Recreation Partnership, and in his role as Councilman, elevating the level of discourse and abbreviating its length; and WHEREAS, the Town of Ithaca has greatly benefited from Jeffs thoughtful consideration, intelligence, time, energy, maturity, and his desire to serve our community in order to make it a better place to live and work; and WHEREAS, the Town of Ithaca is appreciative for Jeffs invaluable , contributions and witty perspective as a Town Board member; NOW, THEREFORE Page 2 of 26 Town Board Minutes July 7, 2008 Final BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration and gratitude to Jefferson Cowie for his distinguished and dedicated service to our community. MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Motion approved — Unanimous. Agenda Item No . 15 - Consider Resolution of Appreciation for Eva Hoffmann ' s years of service on behalf of the Town of Ithaca Supervisor Engman introduced the proposed resolution and noted that Ms . Hoffmann began volunteering for the Town in 1977 . Ms . Hoffmann continues to serve on the Conservation Board and Codes and Ordinances Committee . Since Ms . Hoffmann ' s resignation from the Planning Board , the board thought it would be appropriate to recognize her for her tremendous years of service . Councilman Stein moved and Councilman Goodman seconded the proposed resolution . Councilman DePaolo added that as someone who has attended Planning Board meetings he has always found Ms . Hoffmann ' s insight and questions to be thoughtful ; he added she would be hard to replace . There being no further discussion , Supervisor Engman called for a vote . Carried unanimously . TB RESOLUTION NO. 2008- 141 : Reco_onition of Eva Hoffmann 's Dedicated Years of Service to the Community WHEREAS, Eva Hoffmann has served the Town of Ithaca with dedication for over 19 years; and WHEREAS, Eva first served on the Planning Board for the year 1977, later was appointed to the Zoning Board of Appeals from March 1988 through April 1990, then again to the Planning Board through December of 1991 , and since June 30, 1993, served continuously for 15 years on the Planning Board through June, 2008; and WHEREAS, Eva continues to serve on the Conservation Board and Codes and Ordinances Committee, having served consistently on both since 1990; and WHEREAS, Eva has stepped down from the Planning Board, effective June 2008, but fortunately will continue to serve on the Conservation Board and Codes and Ordinances Committee; and Page 3 of 26 Town Board Minutes July 7, 2008 Fin WHEREAS, the Town of Ithaca has greatly benefited from Eva 's thoughtful consideratio devotion, intelligence, time, energy and her desire to serve our community in order to make it better place to live; and WHEREAS, the Town of Ithaca is indebted to Eva for her invaluable contributions and remarkable devotion to her community; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration and gratitude to Eva Hoffmann for her distinguished and dedicated service to our community, and looks forward to her continued participation and sharing of her insights and perspectives on environmental issues with the Conservation Board and Codes and Ordinances Committee. MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunte aye; Councilman DePaolo, aye . Motion approved — Unanimous. Agenda Item No . 5 = 5 : 45 p . m . = Persons to be Heard and Board Comments Former Town Supervisor Cathy Valentino appeared before the board to thank the Town for the dedication of Valentino Field in her honor. She expressed her appreciation for the ceremony and the gifts she received . Ms . Valentino then switched gears and noted that budget time is approaching . She commented that most municipalities spend time talking about how high their expenses are and little time is spent discussing revenues . Ms . Valentino thought that review of revenues is the most important thing and should be done first . She noted that the county is returning to 100 % assessment, which could mean a substantial increase for some tax bills unless municipalities are mindful of what it could do . She assumed that the Town has already looked at the assessment number and existing tax rates to anticipate the revenues it would generate . Ms . Valentino said she does not think any municipality should have a levy that is higher than 3% . She hoped that the money generated from assessments would help to keep the fire tax rate flat and also keep the town tax rate flat . She then noted that the Town should keep $200 , 000 of the fire tax fund balance . Ms . Valentino had heard that the City would like the Town to increase the administrative to and she urged the board to hold fast to the current number because it is more than adequa money for the Town to be paying for administrative costs . She wished the board good lu with putting the budget together and the budget process . Page 4 of 26 Town Board Minutes July 7, 2008 Final Ms . Valentino again thanked the board for the celebration and opening of Valentino Field in her honor. She expressed her appreciation and noted that it was a wonderful 12 years that she spent as Town Supervisor, which she enjoyed more times than not . Supervisor Engman thanked Ms . Valentino for her comments and invited others to address the board . Swe Myint appeared before the board and stated that her yard has been flooded for the past 9 nine years , which is when they purchased their house . She said the water comes from her neighbor on Warren Road . She has called the owner of the property three times and has not had a response . Ms . Myint was coming before the board to ask for help . Supervisor Engman thanked Ms . Myint for her comments and stated that he will follow up on Ms . Myint' s request and get back to her. Councilwoman Hunter asked Legislator Mackesey if the county was receiving a per parcel amount of money for keeping assessments at 100 % ; if so , how much is it and what kind of a difference does it make in the county' s revenues . Legislator Mackesey thought that the county received approximately $ 100 , 000 a year for having assessments at 100 % . She was not sure how and when the money is received by the county. Councilwoman Hunter asked that Legislator Mackesey get that information for the board . Legislator Mackesey said that she would and added that the Assessment Department would be able to provide information as well . There being no one else from the public wishing to speak , Supervisor Engman solicited board comments . Councilman Stein stated he had a comment about agenda item 17 . He was uncomfortable with the language "confirm " because it usually carries with it the meaning that the board could refuse to confirm , but the board did not have the ability to do so . He suggested that in the future the agenda item should be to " acknowledge" supervisor' s committee appointments . Supervisor Engman responded the board could change the language for now and asked Ms . Brock if she had the provision in the Board Protocols manual . Ms . Brock thought Councilman Stein was correct ; it was a provision that they worked very carefully .on to make sure it complied with the law. She explained that Town Board committees are appointments of the Town Supervisor. Supervisor Engman updated the board on the Tompkins County Council of Governments' progress regarding dog control . He explained that Ric Dietrich and himself, as the committee appointed to research dog control , had recommended to TCCOG that towns negotiate with the SPCA for the upcoming year and between now and 2009 analyze what is going on ; then move towards an RFP . The Council decided to go ahead and issue an RFP for dog control services for all of Tompkins County except for the Town of Groton and Tompkins County. Agenda Item No . 16 - Consider setting up an interview committee to fill the vacant Planning Board position Page 5 of 26 Town Board Minutes July 7, 2008 Fin Proposed committee members included : Herb Engman , Pat Leary , Eric Levine , Rod Howe , Jon Kanter, and Judy Drake . Councilwoman Hunter moved and Councilman Stein seconded the proposed resolution . Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008442: Appointment of Interview Committee for Selection of Planning Board Member. WHEREAS, a vacancy exists in the position of Planning Board Member, and WHEREAS, the Town Board wishes to appoint an Interview Committee to conduct interviews and make a recommendation for appointment to the position; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca hereby appoints the following persons to the Interview Committee for the vacant Planning Board Member position: Herb Engman, Town Supervisor Patricia Leary, Town Board Member Eric Levine, Town Board Member Rod Howe, Chairman, Planning Board Jonathan Kanter, Director of Planning Judith C. Drake, Human Resources Manager MOVED: Councilwoman Hunter SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - unanimous. Agenda Item No . 17 - Consider a resolution to senfkm approve Supervisor's committee appointments Ms . Brock noted that for Town Board Committees , the protocols manual states , " by tradition in the Town of Ithaca the members are appointed by the Town Supervisor, with the consent of the individual board members and the approval of the Town Board unless the Town Supervisor objects" . Councilwoman Leary suggested the resolution be reworded to , "consider a resolution approve" . Supervisor Engman agreed the resolution should be changed as suggested Councilwoman Leary. Page 6 of 26 Town Board Minutes July 7, 2008 Final Councilman Goodman moved and Councilwoman Leary seconded the resolution (with proposed change ) . Councilman Stein did not agree with the wording in the protocols manual and stated it is poor wording for the board to approve something when they do not have the authority to not approve it . He said that he would put a resolution before the board in August to change the wording to " acknowledge" . Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008 - 143: Town Board resolution to approve the Supervisor's Town Board Committee appointments RESOLVED that the following appointments are approved: Tee-Ann Hunter to the Personnel/Employee Relations and Operations Committees and Rich DePaolo to the Planning and Operations Committees. MOVED: Councilman Goodman SECONDED: Councilman Levine VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - unanimous. AA enda Item No. 18 - Consider a resolution to appointment members to intermunicipal organizations Supervisor Engman reviewed the proposed committee appointments and noted that Councilman DePaolo had also agreed to serve on the informal trail committee with Councilman Goodman . Councilwoman Leary moved and Councilwoman Leary seconded. Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008 - 144: Resolution appointin_g members to intermunicipal boards and committees RESOLVED that the Town Board of the Town of Ithaca makes the following appointments: Tee-Ann Hunter: Recreation Partnership and Joint Youth Commission Rich DePaolo: Cayuga Lake Intermunicipal Organization MOVED: Councilman Stein Page 7 of 26 Town Board Minutes July 7, 2008 Fin SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Motion approved — unanimous. Agenda Item No . 28 — Review of Correspondence Councilman Stein asked that Supervisor Engman give the board some background information on the correspondence from the Newfield Town Supervisor regarding a proposed dump . Supervisor Engman explained that for many years the City of Ithaca has owned a piece of property in the Town of Ithaca that is a portion of a mined area . It is located adjacent to Treman State Park , above Casella Garbage Hauling ( a dirt road to the right off Route 13 ) . The City is considering Southwest Park for housing , which is where they currently store clean fill ( bricks , mortar, etc . ) and they are proposing the possibility of asking for a fill permit from the Town of Ithaca to have their clean fill at that location . The problem is the City would have to go through the Town of Newfield and it is the Town of Newfield Is road to get to the site . Supervisor Engman noted the property is also adjacent to the Town of Enfield . The Town of Ithaca would have to review the City' s fill permit and make a decision as to whether what is being proposed is appropriate to be filled at that site . Mr. Walker added that he met with the City a few weeks ago and reviewed their draft application materials . The Town asked for details before the project went to the Planning Board . Councilman Stein asked if the property was zoned for a dump . Mr. Walker clarified that it would not be a dump ; the area is mined out and the City wants to use it for spoiling materials that come from excavations for utility repairs and construction projects . The City would have. a reclamation plan in which after 40 years of using the site it will come back to more than natural slopes that were there before the property was mined . Mr. Walker thought Newfield was concerned because there is a short section of their town road that would be impacted by heavy truck traffic . Agenda Item No . 6 - 6 : 05 p . m . - Public Hearing regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES ( See attachment #1 and #2 ) Supervisor Engman opened the public hearing and invited members of the public to address the board . There being no one wishing to speak , Supervisor Engman closed the public hearing . Agenda Item No . 7 - Consider SEAR regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE ENTITLED ZONING REGARDIN SMALL WIND ENERGY FACILITIES ( See attachment #3 ) Supervisor Engman directed the board ' s attention to the Short Environmental Assessme Form in the packet and asked if anyone would like to move the adoption of SEAR . Page 8 of 26 Town Board Minutes July 7, 2008 Final Councilman Goodman moved and Councilman Levine seconded . Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008- 145: SEQR, Proposed Local Law Amendin_g Chapter 270 of the Town of Ithaca Code, Entitled Zonin_a, Re_gardin_g Small Wind Ener_gy Facilities WHEREAS, this action is the enactment of a local law amending Chapter 270 of the Town of Ithaca Code, entitled Zoning, regarding small wind energy facilities; and WHEREAS, the purpose of this local law is to foster the small-scale development of the Town 's wind power resources and by providing standards for the safe provision of small wind energy facilities; and WHEREAS, the above-described amendment would add small wind energy facilities as a permitted principal and accessory use in most zones in the Town of Ithaca, subject to specific development standards; and WHEREAS, these provisions would be added to the section of the Zoning Code regarding "Special Regulations" (Section 270-219. 4) and would also add several definitions pertaining to wind energy facility installations in Section 270-5; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on July 7, 2008, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and ll for this action, prepared by Town Planning staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the New York State Environmental Conservation law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part ll, and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilman Goodman SECONDED: Councilman Levine VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Carried unanimously. Agenda Item No . 8 - Consider resolution to adopt a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES Page 9 of 26 Town Board Minutes July 7, 2008 Fin Supervisor Engman asked for someone to move adoption of the local law. Councilman Goodman moved and Councilwoman Leary seconded . Supervisor Engman then called for discussion . Councilwoman Hunter noted that there is a 145 plus 10 foot fall zone for the tower. Mr. Kanter clarified the fall zone is the height of the tower plus 10 feet and the maximum is 145 feet . Councilwoman Hunter confirmed the law includes a minimum 50 foot setback from property lines . She asked if a fall zone could be on a neighbor' s property. Mr. Kanter answered it could , but only in a case where the wind tower owner receives specific permission and easements from the adjoining property owner. Councilman Goodman mentioned that in addition to the changes made regarding the noise provisions , two other small changes were made that were brought up during the previous public hearing . These were regarding moveable parts and not having an outdoor fuel storage tank within the fall zone . Councilman DePaolo stated that there appeared to be confusing language in provision number 5 on Page 4 regarding the noise . Language was added , that in his opinion , opened up a loophole to allow facilities that generate a significant amount of noise to proliferate in the Town . He was not sure why language was added to include a 60 dB "floor" and a "whichever is greater provision" . His concern is that the way the law was written last month ( ambient soun level plus 10 ) , it was sent back to committee last month to make the law more restrictive . Th new provision is potentially less restrictive by allowing a facility in a relatively low noise area t be put up provided that it doesn 't exceed 60 decibels . He explained that there could be a situation where if one lives in a quiet area that has a 30 dB ambient noise level , someone could conceivably put up a facility that generates 30 decibels and still comply with the law. Councilman DePaolo noted that that is not likely to happen , but it allows people who live in low ambient sound areas to construct facilities that are potentially larger and noisier than people who live in areas with higher ambient sound levels . He was more comfortable with retaining language that allows for ambient sound plus a certain amount . Councilman Stein shared Councilman DePaolo ' s concern and was surprised when he read the revised local law. He thought the intent was whichever is lesser and added that the provision almost makes no limitation on the amount of noise that a wind generator could make . He pointed out that decibels are really confusing and an increase of 8 decibels ( no matter how loud or how soft it is ) means that the noise is then 2 . 5 times higher than it was before . Councilman Stein felt that there should be a maximum amount of noise that any resident is subject to , but if a person has chosen to live in a quiet area they should still be able to enjoy the area with an increased noise level . He appreciates the idea of encouraging renewable energy sources and non-energy sources , but the proposed language does not strike the balance between sacrificing carbon pollution and increasing noise pollution . Councilwoman Leary explained that COC felt that 2 . 5 times louder than the sound of crickets was unreasonably low and would have the effect of not allowing wind facilities to be used in more rural area , which is why the committee changed the language to whatever is greater. The Committee did not want to unintentionally not allow wind facilities in very quiet areas . Page 10 of 26 Town Board Minutes July 7, 2008 Final Supervisor Engman added that normal residential areas have between 55 and 65 dB ' s as background noise and in natural areas it is between 50 and 60 dB . Councilman DePaolo stated his question then is , is the Town looking at this as an additive limit over the noise levels in a particular area ? He did not envision encouraging noisy windmills in quiet areas and he did not see how the needs of people who want to develop wind power aren 't being met by an ambient plus provision ; he did not see how the proposed additional language helped and was looking to understand how the language makes the law less restrictive . Councilman Goodman explained the language is coming from the California Energy Commission handbook about permitting facilities . It is also similar to the Town of Clinton , New York where there is a set level and then an ambient level plus a margin and it' s the greater of the two . The committee wanted people to be able to have a wind energy facility without putting an ultimate cap at 60 dB , which would mean that no one could do anything over 52 ambient if the additional was 8 decibel above the ambient . Supervisor Engman added that it is a double- edged sword ; it may have the strange affect of allowing more increase in a quieter area , but it is also in the quieter area you are less likely to have neighbors who would be affected by it . He felt it was a tough decision—does the Town want to encourage wind energy or try to restrict it? Supervisor Engman noted that everyone has some sort of noise in their area that they have to learn to live with , citing the creek next to his house and a neighbor' s air conditioner as examples . Councilman DePaolo thanked the committee for all the time they spent on the proposed local and then reiterated how he didn 't understand how anyone ' s needs could not be met with the previous language . He asked , How does the new language make wind power more available than it already was ? Mr. Kanter, Councilman DePaolo , and Councilman Stein proceeded to discuss the difference between the previous and proposed language . Mr. Kanter mentioned that the comments from Doug and Bruce Brittain and Tompkins County recommended that the law include both kinds of standards—a set threshold and an exceedance level above ambient noise levels . He added that the Brittains attended the last committee meeting and were in agreement with what the committee came up with . Supervisor Engman noted that the proposed resolution has been moved and seconded to adopt the law. If the wording of the law is changed , then the board would need to set another public hearing for the next meeting . He stated that if people want to change the law , then the resolution on the floor will needed to be voted down . The board could then go back to amending the law and setting another public hearing . Councilman Stein did not really want to vote the law down because his one concern was about how the noise level is calculated . He wondered if there could be a motion to send the law back to committee instead of voting down the motion on the floor. Councilwoman Leary stated that when they discussed the law in committee , she was under the impression that there was an upper limit . Councilman Stein said that there wasn 't . Mr. Kanter added that there are two alternate thresholds ; one is the facility noise and the other is the ambient noise level . He said typically there are very few facilities that will generate above 60 decibels on its own and he thought that it was a moot discussion . There is a measurement of Page 11 of 26 Town Board Minutes July 7, 2008 Fin the facility noise itself, which is what the 60 is indicating . Councilman Goodman understood what Mr. Kanter was saying , but didn 't realize it while they were discussing it in committee . NYSERDA has outlined an exceedance level of 5 to 8 dB and then an absolute level of the facility of 50 to 55 dB . The committee decided to -go with a more liberal standard and what NYSERDA recommended . Councilman DePaolo pointed out that the ' more liberal standard technically only applied in areas where there is less ambient noise to begin with . Councilwoman Leary explained that the committee thought that even in a relatively quiet area , the Town should allow a maximum of 60 decibels because they don 't want to discourage use of wind facilities in quiet , rural areas . Supervisor Engman suggested that the board vote on the resolution before the board . Councilman Stein wanted to refer the law to committee . He made a motion to send the issue back to committee with the instructions of only reviewing paragraph 5 on Page 4 . Councilman DePaolo seconded . Councilman Goodman was not sure what the committee could do with the law and was not sure if sending the law back to committee would change anyone' s mind on it . Councilwoman Leary added that in order to make a change that there is a lower exceedance of ambient noise in a quieter area they would also have to apply it to noisier areas. Supervisor Engman brought the board ' s attention to the motion on floor—referring the law to committee . He solicited arguments for or against sending the law to committee . Councilman Stein and Councilman DePaolo expressed their support for sending the law to committee . Councilman Levine asked if Councilman Stein and Councilman DePaolo were going to attend the committee meeting to express their views because he wasn 't sure committee members were going to change their minds . Councilman Stein said that he would . Supervisor Engman called for a vote on sending the law back to committee—vote 4 to 3 . TB RESOLUTION NO. 2008- 146: Referral of Small Wind Energy Facilities Law to Codes and Ordinances Committee Resolved, that the Town Board refers the small wind energy facilities law to the Codes and Ordinances committee to review and clarify the language in paragraph 5 on Page 4 of the proposed local law. MOVED: Councilman Stein SECONDED: Councilman DePaolo VOTE: Supervisor Engman, nay; Councilwoman Leary, nay, Councilman Stein, aye; Councilman Goodman, nay; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion Carried. Supervisor Engman noted that the board will have to hold a public hearing at the August meeting . Page 12 of 26 Town Board Minutes July 7, 2008 Final Agenda Item No . 9 - 6 : 15 p . m . - Public Hearing regarding A PROPOSED LOCAL LAW ADDING CHAPTER 227 TO THE TOWN OF ITHACA CODE . TITLED " STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION " (see attachment #4) Supervisor Engman opened the public hearing and invited members of the public to address the board . There being none , he closed the public hearing . Agenda Item No . 10 - Consider SEAR regarding a proposed local law adding Chapter 227 to the town of Ithaca code , titled " Storm Sewer System and Surface Waters Protection " (see attachment #5) Councilman Stein moved and Councilman Goodman seconded proposed resolution . There being no discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008447: SEQR: Proposed Local Law Adding Chapter 227 to the Town of Ithaca Code, Titled "Storm Sewer System and Surface Waters Protection " WHEREAS, this action is the enactment of a local law adding Chapter 227 to the Town of Ithaca Code, titled "Storm Sewer System and Surface Waters Protection '; and WHEREAS, said proposed local law is intended to protect water quality by establishing regulations on non-stormwater discharges into the municipal storm sewer system and surface waters for the purpose of controlling the introduction of pollutants, and by prohibiting certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants; and WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is acting as Lead Agency in environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on July 7, 2008, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Town Planning staff; NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. MOVED: Councilman Stein SECONDED: Councilman Goodman VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - unanimous. Page 13 of 26 Town Board Minutes July 7, 2008 FIn A enda Item No . 11 - Consider Resolution to adopt a Local Law adding Chapter 227 the Town of Ithaca Code , titled " Storm Sewer System and Surface Waters Protection " Councilman Goodman moved and Councilman Stein seconded the proposed resolution . Supervisor Engman called for discussion . Councilman DePaolo stated he did not remember discussing the proposed local law at the last meeting . Councilman Goodman explained the board discussed the law at the May 12 , 2008 Town Board meeting . At that time the Town Board referred the proposed law to the Conservation Board , Councilman DePaolo said that he had a couple of questions . Referring to Page 2 , paragraph d , he asked what the enforcement mechanism was . Mr. Walker explained that all outfalls into the Town drainage system will be monitored for illicit discharges . He did not think the law authorized the Town to go onto private property without permission of the homeowner. If the homeowner denied permission , then the Town would have to get a warrant . Councilman DePaolo asked if there is a schedule for inspection . Mr. Walker explained that State law requires the Town to setup an inspection schedule for all outfalls . Referring to Page 2 , paragraph e , Councilman DePaolo asked how the Town was going to promote public awareness of hazards involved . Mr. Walker explained there is a trainin component required as part of the Stormwater Pollution Prevention Plan , which would inclu public seminars , newspaper articles , posters , etc . The Town could label all the outfalls wi signs saying don 't pollute because the water goes directly into the lake . The Stormwat Coalition has an educational component of the plan where they do public outreach . Councilman DePaolo , referring to Page 3 , hazardous materials paragraph , line 3 , asked who makes the determination of what is considered a significant contribution . Mr. Walker explained there are State standards and Town staff would be making the determination during inspections . The Town currently does not have a program in place to routinely check samples . Ms . Brock added that the term hazardous materials also includes any material or substance defined as hazardous substance , hazardous material , etc under a panoply of statues . Lists of substances that qualify as hazardous have been generated under the statutes . Councilman DePaolo asked why "significantly" was included if it was a black and white issue . Ms . Brock explained if a material is on the list it doesn 't matter what concentration it is or what its characteristics. are because a regulatory agency has put it on the list deeming it to be hazardous . She thought that " significantly" may be included in the State model given to the Town . Councilman Stein understood that the Town receives mandates from the State and receive legislation the State drafted to do it . The Town is then responsible for enforcing the mandates , but there is an educational program to educate staff on the mandates . Mr. Walker confirmed that Councilman Stein was correct ; once the legislation is passed , it is a requirement that Tow staff receives training and the Town may need additional staff to monitor to the letter of the law. Public Works staff has received some illicit discharge training . With no further discussion , Supervisor Engman called for a vote—carried unanimously. Page 14 of 26 Town Board Minutes July 7, 2008 Final TB RESOLUTION NO. 2008- 148: Resolution Adopting "A LOCAL LAW ADDING CHAPTER 227 TO THE TOWN OF ITHACA CODE TITLED "STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION " WHEREAS, it is in the public interest, and will minimize threats to the environment and to public health and safety, for the Town to regulate discharges into the municipal storm sewer system and surface waters that are not composed entirely of stormwater in order to control the introduction of pollutants, and to prohibit certain activities and connections to the stormwater sewer system and surface waters that could cause the introduction of pollutants; and WHEREAS, the Town of Ithaca is required to enact regulations that prohibit the discharge of pollutants into the municipal stormwater sewer system in compliance with U. S. Environmental Protection Agency and New York State Department of Environmental Conservation requirements, and WHEREAS, the Town 's Codes and Ordinances Committee ("COC'), the Town 's Planning and Engineering staff, and the Attorney for the Town have worked to develop a local law to accomplish the above objectives and meet the federal and state requirements; and WHEREAS, on May 12, 2008, the Town Board referred the proposed local law to the Town Conservation Board for a recommendation on whether to adopt said law; and WHEREAS, on June 5, 2008 the Conservation Board recommended that the Town Board adopt the proposed local law; and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on July 7, 2008 at 6: 15 p. m. to hear all interested parties on the proposed local law ADDING CHAPTER 227 TO THE TOWN OF ITHACA CODE TITLED "STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION "; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA ') and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has on July 7, 2008 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and ll prepared by the Town 's Planning staff; NOW, THEREFORE, be it Page 15 of 26 Town Board Minutes July 7, 2008 Fin RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law ADDIN CHAPTER 227 TO THE TOWN OF ITHACA CODE TITLED "STORM SEWER SYSTEM AN SURFACE WATERS PROTECTION '; a copy of which is attached hereto and made a part o this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Goodman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - Unanimous. Agenda Item No . 12 - 6 : 20 p . m . - Public Hearing Regarding a proposed LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE , TITLED "VEHICLES AND TRAFFIC , " BY ADDING STOP SIGNS AND REMOVING YIELD SIGNS AT CERTAIN INTERSECTIONS (see attachment #6 ) Supervisor Engman opened the public hearing and invited the public to address the board . There being none , he closed the public hearing . Agenda Item No . 13 - Consider Resolution to adopt a Local Law Amending Chapter 2 of the Town of Ithaca Code , Titled "Vehicles and Traffic , " by Adding Stop Signs and Removing Yield Signs at Certain Intersections Councilman Stein moved and Councilwoman Hunter seconded the proposed resolution . Ms . Brock noted for the record that this is a Type II action . Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008- 149: Consider and approve a Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled "Vehicles and Traffic, " by Adding Stop Signs and Removing Yield Signs at Certain Intersections RESOLVED, the Town Board of the Town of Ithaca hereby adopts said LOCAL LAW, entitled VEHICLES and TRAFFIC, a copy of which is attached hereto and made a part of this Resolution; and IT IS FURTHER RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy this LOCAL LAW with the NYS Secretary of State as required by law. Page 16 of 26 Town Board Minutes July 7, 2008 Final MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - unanimous. Agenda Item No . 19 - Consider resolution on Cayuga Lake Monitoring Plan Councilman DePaolo moved and Supervisor Engman seconded the proposed resolution . There being no discussion , Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008450 : Resolution recommendin_g support for the Monitoringg Plan for Cayuga Lake and the continuation of the current Cornell University Lake Source Coolin_g Sites WHEREAS the Water Resources Council (WRC) and Cornell University have produced a Monitoring Plan for the Southern Basin of Cayuga Lake; and WHEREAS the Monitoring Plan engages many private and public entities and individuals in a coordinated effort to improve data gathering in Cayuga Lake; and WHEREAS much progress has been made in reducing negative impacts on the lake by phosphorous reductions by the Ithaca and Cayuga Heights sewage treatment plants and more effective stormwater runoff laws of many municipalities; and WHEREAS long-term monitoring of the same Lake Source Cooling (LSC) sites is necessary to understand LSC 's impact and is required for regulatory purposes, and WHEREAS with such monitoring and pollution reduction advancements a more accurate assessment of LSC 's relative contribution to the impairment of the southern Cayuga Lake could become increasingly more evident; and WHEREAS a full technical review of Lake Source Cooling monitoring data is being undertaken by the New York State Department of Environmental Conservation for purposes of evaluating the LSC discharge permit renewal application and determining potential historical impacts; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca commends the Water Resources Council for its coordination of monitoring in Cayuga Lake; and it is FURTHER RESOLVED that the Town Board of the Town of Ithaca reiterates its 2004 position that the Cornell University Lake Source Cooling monitoring continue as in the past, and it is Page 17 of 26 Town Board Minutes July 7, 2008 Fin FURTHER RESOLVED that this recommendation be transmitted to the Water Resourc Council, the Tompkins County Legislature, the City of Ithaca Common Council, the NY Department of Environmental Conservation, Cornell University, and the Tompkins Count Environmental Management Council. MOVED: Councilman DePaolo SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Motion approved — Unanimous. Agenda Item No . 20 - Consider SEAR for authorization of funds for construction of sewer extension on King Road East ( see attachment #7 ) Councilman DePaolo moved and Supervisor Engman seconded the proposed resolution . Supervisor Engman asked if there was any discussion . Ms . Brock noted that the action is an Unlisted Action , not a Type I action . She talked with Mr. Walker earlier in the day and he agreed with Ms . Brock . Supervisor Engman stated that Type I should be changed to unlisted in the resolution . Councilman Goodman noted that the third whereas of the resolution states that a public hearing was held on July 7 , 2008 and he asked if a public hearing was needed . Supervisor Engman thought the third whereas could be eliminated . Ms . Brock suggested that " hearing" be changed to " meeting " . Councilman DePaolo stated that he received a call from a to- be resident on East King Road (correction — there is not East King Road in the Town of Ithaca ; the road should be referred to as , King Road East) and the resident wondered how and why some areas that currently are not serviced receive service and others do not . Supervisor Engman recalled that the project before the board has been in the works for many years . Mr. Walker explained the project covers existing houses that have septic systems that are not adequate and do not have sufficient space to construct septic systems to meet current standards . As the Town looks at other properties and subdivisions , they look at whether or not public sewer is available and then look at the lot size . There has been one person who has come in and talked about connecting to the public sewer (they have the right to do that if they want to build the improvements to get to the sewer) and their particular lot is several acres , sufficient size for an on -site sewage system . Councilman DePaolo brought the board ' s attention to number 9 of the EAF , which asks is the proposed action leads to a request for new public sewer. The answer is no , but there are residents who do not have sewer and Councilman DePaolo wondered if it would create problems or issues . Mr. Walker explained that the proposed project serves 5 properties that were left out when the sewer went around them . There is not a potential to extend the sewer to serve more properties in the future . Page 18 of 26 Town Board Minutes July 7, 2008 Final Councilman Stein added that the Public Works Committee is working on criteria for extensions of water and sewer services . He then asked if the Capital Project Committee reviewed and approved the project . Mr. Noteboom explained the project has been on the capital plan for a number of years , which the board has approved . The project was budgeted for this year ( 2008 ) . However, there was not enough money in the budget to do the project . Supervisor Engman could not remember if Capital Projects actually approved the project, or just acknowledged that it was in the plan . With no further discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008451 : Consider SEQR for authorization of funds for construction of sewer extension on King Road East WHEREAS, this action is the funding of the proposed King Road East Sewer Extension, and WHEREAS, this is an unlisted action under which the Town of Ithaca Town Board is acting as Lead Agency, and is the only involved agency, in environmental review with respect to the funding of this project; and WHEREAS the Town Board at a Public Meeting held on July 7, 2008 reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by the Town Engineer, NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Part ll, and, therefore, an Environmental Impact Statement will not be required. MOVED: Councilman DePaolo SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePao/o, aye. Motion Approved - unanimous. Agenda Item No . 21 - Consider authorization to fund , advertise , and solicit bids for the construction of sewer extension on King Road East (see attachment #8) Supervisor Engman noted the cost of the project is $ 100 , 856 and explained there is a current surplus in the sewer fund to fund the project. Page 19 of 26 Town Board Minutes July 7, 2008 Fin Councilman Stein moved and Councilman DePaolo seconded the proposed resolution . Councilwoman Leary stated that the resolution needs to be changed to reflect " Unlisted actio as opposed to "Type I Action " . Ms . Brock clarified that third whereas of the resolution needed to say, "extension of a sewer main is an unlisted action under SEQR" . Councilwoman Hunter confirmed that the Town was not bonding for the project ; therefore a Public Interest Order was not needed . Supervisor Engman added that the Town is using surplus funds in the sewer account . Councilman Goodman asked if the Capital Projects Committee keeps tabs on the sewer surplus to make sure there is enough money for future projects . Mr. Walker explained that the fund always has surplus money, but the money was loaned to the water fund under a BAN . The Budget Officer is in the process of preparing the bonding documents for the BAN for the Trumansburg Road and Hanshaw Road Water projects . Supervisor Engman added that the Capital Projects Committee is working on what the Town will need in the future for capital projects and whether the projects will need to be bonded . With no further discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008= 152: RESOLUTION AUTHORIZING THE FUNDING AND BIDDING FOR THE TOWN OF ITHACA KING ROAD EAST SANITARY SEWE EXTENSION WHEREAS, plans, specifications and bid documents have been duly prepared relating to t construction of sewer system improvements known and identified as the Town of Ithaca Kin Road East Sanitary Sewer Extension (hereinafter also referred to as "improvement ') by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York, which plans, specifications and related documents have been filed in the office of the Town Clerk, where they are available for public inspection, and WHEREAS, the Town Engineer has recommended the installation of an 8" sanitary sewer main to serve 5 existing homes on King Road East, and WHEREAS, the Town Engineer has recommended the installation of an 8" sanitary sewer main to serve 5 existing homes on King Road East, and WHEREAS, the Town Engineer has prepared plans and specifications for the construction of the Sanitary Sewer Extension, and; WHEREAS, Extension of a sewer main is an unlisted action under SEQR, and the Town Board has made a negative declaration of significance; and NOW, THEREFORE BE IT RESOLVED, that the plans, specifications, and related documents for the construction of t Town of Ithaca East King Road Sanitary Sewer Extension prepared by Daniel Walker, P. Director of Engineering for the Town of Ithaca, are hereby approved, and it is further Page 20 of 26 Town Board Minutes July 7, 2008 Final RESOLVED, that the Town Board directs the budget officer to create a capital project for the project for the total amount of $ 100, 856, such funds to be from current surplus funds in the sewer fund, and it is further RESOLVED, that the Director of Engineering be authorized to advertise for, and solicit bids for, the construction of such improvement MOVED: Councilman Stein SECONDED: Councilman DePaolo VOTE., Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Motion approved - unanimous. Agenda Item No . 22 - Consider setting a public hearing for August 11 , 2008 at p . m . regarding A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA Supervisor Engman suggested the public hearing be held at 6 : 15 p . m . on Monday, August 11 , 2008 , Councilman DePaolo reminded the board that they also needed to set a public hearing for August regarding the wind energy local law. Councilman Stein moved and Councilman Levine seconded the proposed resolution . Supervisor Engman called for a vote—carried unanimously. TB Resolution No. 2008- 153: Consider Settin_g Public Hearin_g Re_gardin_g Proposed Local Law Amendin_g Lakefront Residential Zonin_g Requirements and Adding Related Definitions in Chapter 270 of the Town of Ithaca Code BE IT RESOLVED that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 11th day of August 2008, at 6: 15 p. m. for the purpose of considering a proposed local law amending Lakefront Residential Zoning requirements and adding related definitions in Chapter 270 of the Town of Ithaca Code; and it is further RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on . the signboard of the Town of Ithaca, said publication ' and posting to occur not less than ten days before the day designated above for the public hearing. Page 21 of 26 Town Board Minutes July 7, 2008 Fin MOVED: Councilman Stein SECONDED : Councilman Levine VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePao/o, aye . Motion approved - unanimous. Agenda Item No . 23 - Consider authorizing the Town Supervisor to sign an easement agreement with Ithaca College relating to an existing water tank off Coddington Road Supervisor Engman moved and Councilwoman Leary seconded the proposed resolution . With no discussion , Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008- 154: AUTHORIZATION FOR TOWN SUPERVISOR TO EXECUTE EASEMENT FOR NORTHVIEW WATER TANK WHEREAS, the Town of Ithaca has owned and maintained a water storage tank, commonly referred to as the Northview Water Tank, as part of the South Hill Water Supply for over 40 years, and WHEREAS, the tank is located on a site approximately 1 acre in size which is part of Town Ithaca Tax Parcel 42. 4 -9, 2, currently owned by Ithaca . College, and WHEREAS, the Town of Ithaca has never received title to the land on which the tank is located, and WHEREAS, Ithaca College has offered to grant the Town of Ithaca an easement for the water tank site, and WHEREAS, the Town Engineer has recommended the acceptance of the easement for water storage and utility purposes; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to execute an easement for the Northview Water Tank subject to the approval of the easement language by the Town Engineer and the Attorney for the Town. MOVED: Supervisor Engman SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stei aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, ay Councilman DePaolo, aye. Motion approved - unanimous. Page 22 of 26 Town Board Minutes July 7, 2008 Final Consider setting public hearing re wind energy local law Councilman Stein suggested setting a public hearing at 6 : 20 p . m . Councilwoman Leary moved and Councilman Levine seconded the resolution . Councilman Goodman suggested that it be a "contingent" public hearing because the board would only need to hold a public hearing if a change is made to the current draft . Supervisor Engman agreed . With no further discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008= 155: Consider Setting Public Hearing Re_gardin_g Proposed Local Law Amendin_g Chapter 270 of the Town of Ithaca Code, Entitled Zonin_g, Regarding Small Wind Energy Facilities BE IT RESOLVED that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 11th day of August 2008, at 6:20 p. m. for the purpose of considering a proposed local law amending Chapter 270 of the Town of Ithaca Code, entitled Zoning, regarding small wind energy facilities contingent upon changes being made to the current draft of the local law, and it is further RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilwoman Leary SECONDED: Councilman Levine VOTE. Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion Approved - unanimous. Agenda Item No . 24 = Consent Agenda Councilman Stein moved and Councilwoman Hunter seconded the resolution . With no discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO . 2008= 156 : Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items: Page 23 of 26 Town Board Minutes July 7, 2008 Fin a . Town of Ithaca Minutes b . Town of Ithaca Abstract c. Bolton Point Abstract MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE. Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved — Unanimous. TB RESOLUTION NO. 2008- 156a : APPROVE TOWN BOARD MINUTES OF JUNE 99 2008 AND JUNE 17, 2008 WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board meeting held on June 9, 2008 and the Special/Emergency Town Board Meeting held on June 17, 2008 to the Town Board for its review and approval of filing; NOW THEREFORE BE IT RESOLVED, the Town Board does hereby approve for filing the minutes for the meetings he June 9, 2008 and June 17, 2008 as presented at the July 7, 2008 Town Board Meeting. MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved - Unanimous. TB RESOLUTION NO. 2008456b: Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board, NOW THEREFORE BE IT RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 5443 - 5572 General Fund Town wide $821 200 . 77 Page 24 of 26 Town Board Minutes July 7, 2008 Final General Fund Part Town 15 , 972 . 57 Highway Fund Part Town 1007890 . 92 Water Fund 306, 587 . 20 Sewer Fund 343, 160 . 56 Debt Service 742 . 00 Trust & Agency 100 . 00 Trumansburg Rd . Water Main Improvements 572059 . 41 Hanshaw Road Water Main Improvements 157600 . 39 Risk Retention Fund 1 . 50 Fire Protection Fund 164 , 876 . 70 Forest Home Lighting District 99 . 43 Glenside Lighting District 38 . 86 Renwick Heights Lighting District 55 . 69 Eastwood Commons Lighting District 136 . 42 Clover Lane Lighting District 16 . 19 Winner's Circle Lighting District 54 . 67 Burlei h Drive Lighting District 54 . 40 Westhaven Road Lighting District 162 . 33 Coddin ton Road Lighting District 96 . 99 TOTAL $ 1 , 087 , 907 . 00 MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved — Unanimous. TB RESOLUTION NO , 2008- 156c : BOLTON POINT ABSTRACT WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; NOW THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers : 305 - 365 Check Numbers : 10929 - 10989 Page 25 of 26 Town Board Minutes July 7, 2008 Fin Operating Fund $ 882995 . 98 1998 SCADA Capital Project $ 0 2003 East Hill Tank Project $ 0 TOTAL $ 89 , 895 . 98 MOVED : Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye. Motion approved — Unanimous. Agenda Item No . 25 = Report of Town Committees Mr. Kanter noted the next COC meeting is Wednesday , July 16 , 2008 at 7 : 30 p . m . Agenda Item No . 26 = Intermunicipal Organizations No reports . Agenda Item No . 27 = Report of Town Officials (see attachment #9 ) Supervisor Engman brought the board ' s attention to the updated Recreation and Youth Coordinator report on the table that evening . Agenda Item No . 28 — Review of Correspondence No comments . Agenda Item No . 29 — Consider Executive Session Supervisor Engman felt that there was nothing urgent for the board to discuss in Executive Session . Agenda Item No . 30 — Consider Adjournment Councilman Goodman moved and Councilwoman Leary seconded . Supervisor Engman called for a vote—carried unanimously. Supervisor Engman adjourned the meeting at 7 : 22 p . m . Respe gully Submitted , Karen M . Billings , Town Clerk Page 26 of 26 Town of Ithaca Town Board Sign-In Sheet Meeting Date: July 7, 2008 Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail Cc r C i TOWN OF ITHACA 1 AFFIDAVIT OF POSTING AND PUBLICATION J I , Karen M . Billings , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : NOTICE OF PUBLIC HEARINGS Consider Local Law amending Chapter 270 of the Town of Ithaca Code , entitled Zoning , regarding wind energy facilities Consider Local Law adding Chapter 227 to the Town of Ithaca Code titled " Storm Sewer System and Surface Waters Protection " Consider Local Law amending Chapter 250 of the Town of Ithaca Code, titled "Vehicles and Traffic, " by adding stop signs and removing yield signs at certain intersections Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting , Tuesday, June 24, 2008 Date of Publication . Thursday, June 26, 2008 Karen M . Billings Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 26th day of June , 08 . Notary Public PAULETTE NEILSEN Notary Public, State of New York No. 01 NE6156809 Qualified In Tioga County Commission Expires December 4. 20 2 i TOWN OF'ITHACA ' . `r `PUBLIC HEARING NOTICE- i NOTICE ` IS HEREBY GIV-'} # EN that the'Town Board , of t the ,,"'Town I;ofPIthaca villa " hold'ythr!MpT1cI, heanngg"s F oh . Monday; uly 7; t 2008 in the,Town Hall; lo-'-" cated`at 215r.NoA Tiogd_ Street;-Ithaca;New York: a; .' 6:05 p m.„,for the pose.`of considering a ppro; posed local . law'.amendirig. Chapter 2.70 of`I a Town , of ;, Ithaca ,. Code,' , entitled;', Zoning, regarding small:; wind energy facilities, . . . 6:15i' p.m:!for the 'pur- pose .of considering a pro- , posedl , local law adding ; Chapter 227l to the Town ! of • :Ithaca Code Titledl t-"Storm, Sewer System andl Surface ". -Waters: ' •Protk-' tion „ AND '� b•20 p m .for the pur,.i pose,of Icon sidering _a,prop„ pas ed'=' Local =16w; ,Ameiid0 mg' Chapter x250 of ;the , Town,•of Ithaca Code Ti-:4 tled :':Vehicles• and Trac,"'r4 by 'Addmg Stop: Signsband -1 Removing Yield;{ Signs at ;Certpin'Intersections. , . . ” Coppies of thetproposed,. LOCAL; LAWS ' are on file„ lm the Town Clerk s Officei at 215 North Loga Street;f rlthacq;� : NY' and'' available.`, If or review ;during normal } Ibusiness hours, Monday through Friday; 8:00 a:m; ; '- p . FURTHER ,NOTICE; •IS ,) +GIVEN -that- at such ! timer :and lace 'all`persons inter ested in the proposed local:;11,aws ` may; be , heard tonal cemingg the 'same;:and FURTHER ' ICE ';IS GIVEN .that all' ppersons m' tterested in ,the 'Iocal, laws t ma be ,heard :concerning (theJ6ra a Jndividuals with'Y (disabilities will .be provid �ed wrth'` assistance asp net-:; Tessa ' u n request Indi- i f ry po 9 vidua s2 esinn , 6ssistarice'3 must make a 'request to the',a Town, Clerk not 'I^less than.J �48 '.hours` pnor I A e time` , of the public hearih� f crL ilhngs, Town Clerk, ,4 June 24 2008 Publrahi Thursday; t June26 2008 ' +;�1 �4 tl}r �}; �•';'-'"� scam:;°t bey �.il- e t pY (i, i u. i1 F,vy ATTACHMENT # 1 J . JULY 7 , 2008 TOWN BOARD MTG �y ° JDI 6 TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO : TOWN BOARD FROM: JON KANTER RE : DRAFT SMALL WIND ENERGY FACILITIES LAW — ADDITIONAL REVISIONS RECOMMENDED BY CODES & ORDINANCES COMMITTEE DATE : JUNE 243 2008 At the June 9t' meeting, the Town Board referred the draft Small Wind Energy Facilities Law back to the Codes & Ordinances Committee to consider several additional revisions to the proposed law. This was primarily due to comments received from Tompkins County and Bruce and Doug Brittain regarding the noise provisions in the draft law and a couple of additional minor suggestions from the Brittains (refer to enclosed letter from the Tompkins County Department of Planning, dated June 9, 2008 and memo from Bruce and Doug Brittain, dated June 9, 2008). All of the suggested modifications relate to items on page 4 of the draft local law. The Codes and Ordinances Committee discussed possible revisions at its June 18 , 2008 meeting, and is recommending the following changes that have been incorporated into the enclosed revised draft (dated June 24, 2008). Noise: The primary concern was regarding noise thresholds proposed in the law. Both the County Planning Department and the Brittains felt that the maximum noise limit of 10 dB (A) above ambient noise levels proposed in the draft law [sub-section A(5)] was too high, and could result in undesirable noise impacts. The Committee had intentionally selected a high noise threshold to provide the owner/installer with a "safety-net" and a level of confidence that their substantial investment in a wind energy facility would not be threatened by neighbor complaints, as long as the facility operated according to manufacturer' s specifications. This earlier recommendation was based in part on research data from manufacturers of wind turbines. An example can be seen in the "Noise Measurements on Bergey Windpower Co . XL. I ", which concludes that "Under normal operation the XL. 1 was found to be approximately 3 _' 4 dBa above the ambient noise 42 feet from the base of the tower", and "Unloaded operation was found to be 6 — 7 dBa above the ambient noise level . . . ". Although the Town Board did not provide specific direction to the Committee regarding how to modify the noise threshold, it appeared that there was concern that the standard of " 10 dB (A) above ambient sound level" in the proposed law is too high. The County Planning Department in their June 9t' letter cites NYSERDA as outlining that "typical exceedance levels range from 5 - 8dB51 1 The County also suggests adding an absolute sound level that facilities should not exceed between 50 and 55 dB (A) "as measured at the boundaries of all the closest parcels that are owned by non-site owners and abut the site parcels". The Brittains also recommend a lower { hh V exceedance level (5 dB (A) above ambient sound level), and also suggested using an absolute sound level maximum. In coming up with a recommendation for a revised noise standard in the local law, the Committee reviewed research materials from previous discussions, and found that there is no single standard that is used across the board. Some communities use either a standard exceedance of 5 dB (A) above ambient sound or an absolute noise standard of (say) 55 dB (A) . The Committee considered an example based on the California Energy Commission' s Handbook, "Permitting Small Wind Turbines", which includes a combination of an absolute noise threshold and an exceedance level above ambient noise levels and includes consideration of wind speed in the noise standard. The absolute sound level maximum of 60 dB (A) would provide a small, but not unreasonable, buffer of assurance for the owner/operator (i. e. , slightly above the 55 dB(A) used in some other communities) . However, because there is data showing that there are wind energy facilities that typically do exceed the "5 dB (A) above ambient sound level" standard, the Committee felt that it would be prudent to use the upper end of the NYSERDA referenced exceedance range (5 — 8 dB (A)). This would result in using "8 dB (A) above ambient sound level". The Committee also determined that it makes sense to keep the measuring point "at any property line abutting a property owned by an entity other than the owner of the property on which the small wind energy facility is located" that is in the current draft law. Based on the above considerations, the Committee recommends the following revision in sub-section 5 to read as follows: "For wind speeds in the range of 0 — 25 mph, small wind energy facilities shall not cause a sound pressure level in excess of 60 dB (A), or in excess of 8 dB (A) above the ambient sound level, whichever is greater, with sound measurements taken nearly concurrently and measured at any property line abutting a property owned by an entity other than the owner of the property on which the small wind energy facility is located. This level, however, may be exceeded during short-term events such as utility outages, wind speeds exceeding 25 miles per hour, and severe wind storms." Other Minor Revisions : The Brittains suggested two other minor revisions that would be very easy to incorporate (refer to their memo enclosed) . The first is in sub-section 3 on page 4, which would add a reference to "above-ground fuel storage or pumping facilities" being excluded from fall zones. The second is in sub-section 4 and would clarify that no "exposed" moving part of a facility shall at its lowest point be less than 30 feet above ground level, etc. The Committee recommended that both of these revisions be added to the draft law, and therefore, the revised local law has been revised accordingly. The Town Board scheduled a new public hearing for July 7, 2008 to consider a revised local law. The enclosed, revised draft local law has been provided to the Town Clerk' s office in sufficient time in advance of the scheduled hearing in order for the necessary public notices to be published and posted. Please let me know if there are any questions regarding the above. Encl. i T4 5 DEP NING E.� -1 JUN 10 2008 1 Str { Ck MAN OF I i IHACA k 4 0 PI_f! i ,�h.tln,� C: , :_'�ikit ECG iINEERING Edward C. Marx, AICP Commissioner of Planning * * * Telephone (607) 274-5560 and Public Works Fax (607)274-5578 June 9, 2008 Mr. Jonathan Kanter, Director of Planning Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Proposed zoning amendment to permit small ,wind energy facilities Dear Mr. Kanter: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or county-wide impacts. The Department offers the following comments regarding the proposed project, which are not formal recommendations under General Municipal Law §239 -1 and m: • The proposed zoning amendment:outlines in its special regulations that "the noise from a small wind energy facility shall not exceed a reading of 190(A) above the ambient sound level." It is expected that an increase in sound level will result from the. installation of a small wind energy facility, though a tolerance of l OdB(A) appears too high. If a sound is intensified by l OdB, it seems to the ears as if the sound intensity has approximately doubled. The New York State Energy Research & Development Authority (NYSERDA) Wind Energy Development: A Guide for Local Authorities in New York (October 2002) outlines that typical exceedance levels range from 540. Additionally, the guide highlights ordinances that set an absolute sound level that facilities should not exceed between 50- 55dB(A) "as measured at the boundaries of all the closest parcels that are owned by non-site owners and abut the site parcels." - Please inform us of your decision so that we. can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning and Public Works Inclusion through Diversity t . PROPOSED CHANGES TO DRAFT "SMALL WIND ENERGY FACILITIES" LEGISLATION Bruce and Doug Brittam June 9, 2008 (3 ) The fall zone around any ground-mounted tower constructed as part of a small wind energy facility shall be a circular area around the tower, the center point of which is marked by the center of the base of the tower, with a radius at least equal to the facility' s height plus ten feet. The entire fail zone may not include public roads, overhead transmission lines, above-ground fuel storage or pumping facilities, or human-occupied buildings, and must be located on property owned by the tower , owner or for which the owner has obtained an easement or deed restriction. The minimum setback between the center of the base of the tower and any unoccupied buildings or other structures is 15 feet. (4) No exposed moving part of any small wind energy facility shall, at the lowest point of its extension, be less than 30 feet above the ground. Notwithstanding the foregoing, the lowest extension of any blade or other exposed moving component of a building-mounted small wind energy facility shall be at least 15 feet above the ground (at grade level) and in addition at least 15 feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the facility. (5) The noise from a small wind energy facility shall not exceed a reading of 49 5 dB (A) above the ambient sound ,level, with sound measurements taken nearly concurrently and measured at any property line abutting a property owned by an entity other than the owner of the property on which the small wind energy facility is located. In addition, the operation of the small wind energy facility shall conform to the Performance Standards for noise as set forth m Article XM Section 270=155.A of this document, regardless of the zone in which the wind energy facility is located. (6) The number of wind energy towers per lot shall be limited to 1 for lots of less than 2 acres in size. For lots of 2 acres or more, 1 wind energy tower shall be permitted as a matter of right, and 1 additional tower shall be permitted upon receipt of a special permit for same by the Planning Board in accordance with the procedures set forth in this chapter. Notwithstanding. the foregoing, there is no limit on the number of building-mounted small wind energy facilities. May 23, 2008 4 M ARTICLE XIX Light Industrial hones § 170456. Performance standards. Any use In a Light industrial Zone shall be so operated as to be in conformity with the following additional standards: A. Noise. (1 ) No use shag operate or cause to be operated any source of sound In such a manner as to create a sound level which exceeds the limits set forth for. the land use category stated . below when measured at ft . boundary of the property nearest the reiving land use. Receiving Land Time Sound Level use qtegry Limit Residential use 7:00 am. to 7:00 65 p.m. 7:00 p.m. to 7:00 55 am. Natural areas 7:00 a.m. to 7:00 OD p.m. 7:00 p.m. to 7:01 50 am. Alf other 7:00 a.m. to 7:00 68 p,m. 7:00 p.m. to 7:00 58 a.m. (2) For any source of sound which emits a pure tone, a discrete tore or impulsive sound, the maximum sound firmts set forth above shell be reduosd by five dBa. Be Vibradone to activity shall cause or cmaW a discerriftile steady state or impact vibration at or beyond the boundary of the property. C. Atmospheric emissions. There shall be no emission of dust, dirt, smoke, fly ash, or rmdous gases or other nwdious sum which could cage damage to the health of persons, ardmals, or plash Ilfe. D. Odor. Thee she# be no emission of arry wive odor discemible at the boar of the property. E. Glare and }rest. No glare or heat shall be produced that is perceptible beyond the boundaries of the property. Exterior illumination shall be shaded and erected to prevent glare or traffrc hazard on surrounding properties and stets. F. Radom*vity and electromagnetic Mterfers mm No activities shad be permitted which emit dangerous radioactivity. No activities shall be permitted which produce arty electromagnetic distudmin a adversely affecting the operation of any equipment outside the bourdeuy of the property G. Flee and explosion hazards. All activities involving, and all storage of flammable and explosive materials , shal be provided with mate safety devices against the hazes of fire and explosion and with adequate firefighting and facie suppression equipment and devices standard in the industry and as may be required by any applicable codes, taws, or regulations. All burning of such waste materials in open fires is prohibited. H. Vermine There shy be no storage of meteriad, either Indoors or out, in such a mariner° that R attracts or facilitates ft breeding of vermin or endangers public health or the environment in any way. i EFFECTS OF CHANGES IN SOUND ENERGY Demonstration 1 : 3 dB Increase Doubling the sound energy (adding one buzzer for a total of two buzzers) results in a 3 dB difference. This is generally considered to be a "just perceptible difference." Demonstration 2 : 5 dB Increase Tripling the sound energy (adding two buzzers for a total of three buzzers) results in a 5 dB difference. This is generally considered to be a. "clearly noticeable difference." The International Standards Organization ("Noise Assessment with Respect to Community Responses," ISO/TC 43) has indicated that a 5 dB increase in sound will likely lead to "sporadic" community complaints. Demonstration 3: 6 dB Increase Quadrupling the sound energy (adding three buzzers for a total of four buzzers) results in a 6 dB difference. According to NYSDEC guidelines ("Assessing and Mitigating Noise Impacts"), the change in sound pressure level due to a new facility in a nonindustrial setting should not exceed 6 dB. With each 6 dB increase in background noise, two people having a normal conversation would have to move closer to each other, so as to be only half as far apart. A 6 dB increase therefore requires changes in people' s behavior. Demonstration 4: 10 dB Increase Ten times the sound energy (adding nine buzzers for a total of ten buzzers) results in a 10 dB difference. A 10 dB increase is well above the upper limit recommended by NYSDEC guidelines, yet is what would be allowed by the draft Small Wind Energy Facilities legislation. The International Standards Organization ("Noise Assessment with Respect to Community Responses," ISO/TC 43) has indicated that a 10 dB increase will likely lead to "widespread" community complaints. Incidentally, if a wind energy facility were to be installed which resulted in a 10 dB increase in sound level, and a second wind facility were to be subsequently installed which raised sound levels by an additional 10 dB, this would result in a total increase of 20 dB over pre-existing ambient sound levels. The ISO has indicated that a 20 dB increase would likely lead to "vigorous community action." Thus, there could be a negative public reaction to wind power in the Town. Conclusion We therefore recommend that a wind energy facility' s allowable increase in ambient sound level be considerably less than 10 dB. (An upper limit of 3 to 6 dB seems more reasonable.) In addition, an overall upper limit on noise should be set, perhaps 55 to 65 dB. Reference The Table below is reproduced from: Yerges, L. F. Soun4 Noise and Vibration Control. Van Nostrand Reinhold, 1978. TAKE 2 Sub j e Effat Of MORO in SCUM 1M. iWa chop in CU RP In Ch to W level Sound Level Appe"t Loudness 2 1 dE it WOWS 30 Just IMCepdbh 3 + CWWW Vie" Ten Times 10 dB 'Twice a lftd Car 100 TUM 20 dD mob touda (of dieter) n A.TT_.ARHMENT # 2 JULY 72 2008 TOWN BOARD MT TOWN OF ITHACA La'ti r' 4 6 LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING SMALL WIND ENERGY FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270, Article III, Section 270- 5 of the Town of Ithaca Code, entitled "Definitions," is amended by adding the following definitions for "BUILDING- MOUNTED SMALL WIND ENERGY FACILITY," "QUALIFIED WIND ENERGY INSTALLER," "SMALL WIND ENERGY FACILITY," and "WIND ENERGY FACILITY" : "BUILDING-MOUNTED SMALL WIND ENERGY FACILITY -- A small wind energy facility that is specifically designed for installations on the roofs, sides or other elevated surfaces of buildings . " "QUALIFIED WIND ENERGY INSTALLER — A person who has skills and knowledge related to the construction and operation of wind energy equipment and installations and has received safety training on the hazards involved . Persons who are on the list of eligible wind installers maintained by the New York State Energy Research and Development Authority (NYSERDA) shall be deemed to be qualified wind energy installers . Persons who are not on NYSERDA's list of eligible wind energy installers may be deemed qualified wind energy installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to safely install wind energy components such as towers, inverters, and electrical wiring, to distinguish exposed energized parts from other parts of electrical equipment, and to determine the nominal voltage of exposed live parts. " "SMALL WIND ENERGY FACILITY — A wind energy facility that supplies power primarily to on-site structures or, in the case of a wind energy facility that is a principal use on a lot, that supplies power primarily to structures on an adjacent lot. " "WIND ENERGY FACILITY -- The structures and associated equipment which convert wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires, associated anchors and foundations, mounts, June 24, 2008 I connected facilities such as generators, alternators, inverters and batteries, and other associated equipment . " Section 2 . Chapter 270, Article XXVI of the Town of Ithaca Code, entitled "Special Regulations," is amended by adding Section 270-219 .4 as follows : " § 270-219.4 Small wind energy facilities. A . Findings . The Town of Ithaca finds that wind is an abundant and renewable source of energy. The conversion of wind energy into usable forms of energy will reduce dependence on non-renewable energy sources such as coal, gas and oil, the use of which not only releases harmful pollutants into the atmosphere, but also contributes to phenomena such as global warming/climate change. Furthermore, wind energy facilities also enhance the reliability of the power grid, reduce peak power demands and help diversify the state ' s energy portfolio and will help to insulate residents in the Town of Ithaca from increasing energy costs associated with the depletion of fossil fuels such as coal, gas and oil . B . Purpose. The purpose of this section is to promote the public safety and welfare by fostering the small-scale development of the Town of Ithaca' s wind power resources and by providing standards for the safe provision of small wind energy facilities . C . Development Standards. Small wind energy facilities are permitted in all zoning districts in the Town as accessory structures providing power primarily to structures on the same lot, and as principal structures providing power primarily to structures on an adjacent lot, with any excess power net-metered to the public utility system if the facility is grid- connected, subject to the following requirements : ( 1 ) Small wind energy facilities are permitted as a matter of right, except facilities located in or within 500 feet of public parkland, a natural area (as defined in this chapter), or nature preserves (as designated by the Town of Ithaca, Cornell Plantations or a land trust), or within 500 feet of the ordinary high water line of the Cayuga Lake shoreline, shall be permitted only upon receipt of a special permit for same by the Planning Board in accordance with the procedures set forth in this chapter. Notwithstanding the foregoing, building-mounted small energy facilities shall not require a special permit, regardless of location in or proximity to such areas or the Cayuga Lake shoreline. (2) No small wind energy facility shall exceed 145 feet in height as measured from the lowest level or portion of the wind energy facility (slab or base) in contact with the ground surface to the June 24, 2008 2 A highest point of any part of the facility, with moving parts measured at the highest points of their extension (see Figure 1 below) . Building-mounted small wind energy facilities are subject to the height restrictions in § 270-219 .4 . E . ti. Hub Hub t t ! r Turbine blade Turbine blade 145ft 145ft i max. Max . height height Grade Grade Vertical Axis Wind Turbine Horizontal Axis Wind Turbine 41 Figure 1 . Illustration of Maximum Height (Horizontal and Vertical Axis Facilities) June 24, 2008 3 M1 �(3 ) The fall zone around any ground-mounted tower constructed as part of a small wind energy facility shall be a circular area around the tower, the center point of which is marked by the center of the base of the tower, with a radius at least equal to the facility' s height plus ten feet. The entire fall zone may not include public roads, overhead transmission lines, above-ground fuel storage or ms µ' pumping facilities, or human-occupied buildings, and must be located on property owned by the tower owner or for which the owner has obtained an easement or deed restriction. The minimum setback between the center of the base of the tower and any unoccupied buildings or other structures is 15 feet. (4) No exposed moving part of any small wind energy facility shall, at the lowest point of its extension, be less than 30 feet above the ground. Notwithstanding the foregoing, the lowest extension of any blade or other exposed moving component of a building- mounted small wind energy facility shall be at least 15 feet above the ground (at grade level) and in addition at least 15 feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the facility. (5 ) For wind speeds in the range of 0 - 25 miles per hour, small wind c 6� ' VO JL � energy facilities shall not cause a sound pressure level in excess of e 60 dB (A), or in excess of 8 dB (A) above the ambient sound level , 7/.� O �ev whichever is greater, with sound measurements taken nearly i concurrently and measured at any property line abutting a property owned by an entity other than the owner of the property on which ' w p the small wind energy facility is located. This level , however, may be exceeded during short-term events such as utility outages, wind speeds exceeding 25 miles per hour, and severe wind storms . D , � (6) The number of wind energy towers per lot shall be limited to 1 for �7"OF lots of less than 2 acres in size. For lots of 2 acres or more, 1 wind XI � � energy tower shall be permitted as a matter of right, and 1 e, s V�� additional tower shall be permitted upon receipt of a special permit for same by the Planning Board in accordance with the procedures (� Ne400l � �< set forth in this chapter. Notwithstanding the foregoing, there is no % limit on the number of building-mounted small wind energy facilities . `,5.e4?(7) Where small wind power facilities are an accessory use, they shall be located on the roof, side or other elevated surface of a building, \,Pe/ o �' or in a side or rear yard only. June 24, 2008 4 �� (8 ) The location of a small wind power facility shall meet all applicable setback and buffer requirements of the zone in which it is located, but in no event shall the setback from adjacent property lines be less than 50 feet. (9) Co-location of equipment or facilities that are not used for wind power purposes on a wind energy tower is permitted only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter. Co- located solar panels shall also be subject to the provisions of § 270- 219 . 1 of this chapter. Notwithstanding the foregoing, co-located telecommunications facilities shall not require special approval from the Board of Appeals but shall instead be subject to the requirements of § 270-219 of this chapter. ( 10) When required by Chapter 125 of the Town of Ithaca Code (Building Construction and Fire Prevention), a building permit must be obtained for the small wind energy facility. ( 11 ) Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed small wind energy facilities. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270- 191 of this chapter are met, including but not limited to proposed changes to or additions of small wind energy facilities where such changes or additions meet a § 270- 191 threshold. D . Safety standards. ( 1 ) The small wind energy facility must meet all applicable New York State Uniform Fire Prevention and Building Code requirements . (2) All wiring connected with the small wind energy facility shall be underground, except for: (a) Wiring that runs from the turbine to the base of the facility; and (b) All wiring associated with building-mounted small wind energy facilities. (3 ) The small wind energy facility shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, June 24, 2008 5 overspeeding, and excessive pressure on the tower structure, rotor blades and other wind energy components . (4) The small wind energy facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems . (5) All small wind energy facilities shall be installed by a qualified wind energy installer, and prior to operation the electrical connections and structural integrity must be inspected by the Town and by the New York Board of Fire Underwriters or other appropriate electrical and structural inspection person or agency as determined by the Town. I . (6) The small wind energy facility, if connected to a public utility system for net-metering purposes, shall meet the requirements for interconnection and operation as set forth in the public utility' s then-current service regulations applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility. (7) To reduce the possibility of night-time bird collisions with any part of the small wind energy facility, all on-site lighting shall conform with the Town ' s Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. E . Building-mounted small wind energy facility standards. The following additional requirements apply to building-mounted small wind energy facilities only: ( 1 ) The diameter of the building-mounted small wind energy facility, when measured from the furthest outward extensions of all moving parts, may not exceed 7 feet. . (2 ) The height of a building-mounted small wind energy facility mounted on a roof shall not exceed 15 feet as measured from the base of the mount (the location at which the mount and exterior layer of roof meet) . The height of all other building-mounted small wind energy facilities shall not exceed 15 feet above the highest point of the building' s roof, excluding chimneys, antennae and other similar protuberances . (3 ) If more than one building-mounted small wind energy facility is installed, a distance equal to the length of the height of the tallest building-mounted small wind energy facility must be maintained ID June 24, 2008 6 between the bases of each building-mounted small wind energy facility. (4) A letter or certificate bearing the signature of a certified New York State professional engineer must be submitted to the Code Enforcement Officer, indicating that the existing structure onto which the building-mounted small wind energy facility will be attached is capable of withstanding the additional load, force, torque, and vibration imposed by the building-mounted small wind energy facilities for the foreseeable future; will comply with seismic and structure provisions set out in state and national building codes; all related components have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards ; and if constructed in accordance with the plans the entire facility, including the building onto which the wind energy facility will be attached, will be safe, will be in accordance with all applicable governmental building codes, laws, and regulations, and in accordance with generally accepted good engineering practices and industry standards, including without limitation, acceptable standards for stability, wind and ice loads. F . Appearance. ( 1 ) No small wind energy facilities shall be used for signage, promotional or advertising purposes, including but not limited to company names, phone numbers, banners, streamers, and balloons . Reasonable identification of the manufacturer or owner of the small wind energy facility is permitted. (2) Small wind energy facilities shall be painted or finished with a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate non-reflective surfaces to minimize visual disruption. (3 ) No small wind energy facility shall be artificially lighted except to the extent required by the Federal Aviation Administration or other applicable authority. G. Removal . ( 1 ) If a small wind energy facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall so notify the Town Clerk in writing within 30 days after the end of such 12 month period, and the property owner June 24, 2008 7 6 shall remove the tower, rotor, guy wires, and associated equipment and facilities by no later than 90 days after the end of the 12 month period. (2) If the property owner fails to remove the small wind energy facility within the timeframe described above, the Town Code Enforcement Officer may issue the property owner a Notice of Violation directing facility removal within a specified timeframe. Said Notice of Violation shall further advise that, should the violator fail to meet the established deadline, the work may be done by a designated governmental agency or a contractor with the expense thereof to be charged to the violator and/or to become a lien against the premises . (3 ) If removal of the small wind energy facility is not completed to the satisfaction of the Code Enforcement Officer within the period set forth in the Town ' s Notice of Violation or Town Board ' s decision after any appeal thereof pursuant to Subsection 5 below, the Town may enter the premises to perform the removal or cause it to be made. The Town ' s entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may enter such property to remove an imminent danger to life, property or safety of the public caused by the non-functioning small wind energy facility. The Town further may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the facility, with the costs of such actions the sole responsibility of the violator. (4) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the removal and disposal of the small wind energy facility. If the landowner fails to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the removal activities shall constitute a lien upon the land on which such measures were undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney' s fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. 10 June 24, 2008 8 The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (5 ) Any person receiving a Notice of Violation or a bill for Town costs and expenses may appeal to the Town Board by, within 15 days of receipt of such notice or bill , delivering to the Town Clerk at the Town offices an Appeal requesting a reconsideration and administrative hearing before the Town Board. Such Appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials . Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill . If the Appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within 5 days after such filing, at the address for such person designated in the Appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board ' s decision after the hearing shall constitute a final agency action. H . In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this § 270-219 .4 is hereby deemed and declared to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator' s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the Town in its sole discretion." Section 3 . Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270- 11 , titled "Permitted principal uses," is amended by adding subparagraph G reading as follows : June 24, 2008 9 "G . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 ." Section 4. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270- 14, titled "Permitted accessory buildings or uses," is amended by adding subparagraph H reading as follows : "H . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 5 . Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-26, titled "Permitted principal uses," is amended by adding a new subparagraph N to the end of this section reading as follows : "N . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 6. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph K to the end of this section reading as follows : "K. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-41 , titled "Permitted principal uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4. " Section 8. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43 , titled "Permitted accessory structures and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 ." Section 9 . Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270- 54, titled "Permitted principal uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " June 24, 2008 10 Section 10. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-56, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph L to the end of this section reading as follows : "L. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4 . " Section 11 . Chapter 270 (Zoning) , Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-66, titled "Permitted principal uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4 . " Section 12 . Chapter 270 (Zoning) , Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4 . " Section 13 . Chapter 270 (Zoning) , Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-77 , titled "Permitted principal uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4 . " Section 14. Chapter 270 (Zoning) , Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 ." Section 15. Chapter 270 (Zoning) , Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-89 , titled "Permitted principal uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4. " June 24, 2008 11 Section 16. Chapter 270 (Zoning) , Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91 , titled "Permitted accessory uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4 ." Section 17. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 100, titled "Permitted principal uses," is amended by adding a new subparagraph C to the end of this section reading as follows : "C . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 18. Chapter 270 (Zoning) , Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 101 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 ." Section 19. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270- 114, titled "Permitted accessory uses," is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 20. Chapter 270 (Zoning), Article XIV (Neighborhood Commercial Zones) of the Town of Ithaca Code, Section 270- 126, titled "Permitted principal uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 21 . Chapter 270 (Zoning) , Article XV (Office Park Commercial Zones) of the Town of Ithaca Code, Section 270- 130, titled "Permitted principal uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4. " Section 22 . Chapter 270 (Zoning), Article XVI (Community Commercial Zones) of the Town of Ithaca Code, Section 270- 134, titled "Permitted principal uses," is amended by adding a new subparagraph D to the end of this section reading as follows : June 24, 2008 12 "D . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 23. Chapter 270 (Zoning) , Article XVII (Vehicle Fueling and Repair Commercial Zones) of the Town of Ithaca Code, Section 270- 137 , titled "Permitted principal uses," is amended by adding a new subparagraph C to the end of this section reading as follows : "C . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 24. Chapter 270 (Zoning) , Article XVIII (Lakefront Commercial Zones) of the Town of Ithaca Code, Section 270- 140, titled "Permitted principal uses," is amended by adding a new subparagraph B to the end of this section reading as follows : "B . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 ." Section 25. Chapter 270 (Zoning) , Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 144, titled "Permitted principal uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G . Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 . 4. " Section 26. Chapter 270 (Zoning) , Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 146, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph L to the end of this section reading as follows : "L. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219 .4 . " Section 27. Chapter 270 (Zoning) , Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270- 160, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph L to the end of this section reading as follows : "L. Small wind energy facilities, subject to the limitations on small wind facilities set forth in § 270-219 . 4 . " Section 28. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 29 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. June 24, 2008 13 ATTACHMENT # 3 JULY 7 , 2008 TOWN BOARD MTG 91399999 Town Assigned Project ID Number Town of Ithaca Environmental Review . SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor 2. Project Name Local Law — Amending Chapter 270 of the Town of Ithaca Code, Town of Ithaca Town Board Entitled Zoning, Regarding Small Wind Energy Facilities. 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) Townwide Tax Parcel Number: N/A 4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION? X (Amendment of Town Code) 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Enactment of a local law amending Chapter 270 of the Town of Ithaca Code, entitled Zoning, regarding small wind energy facilities. The local law would add small wind energy facilities as a permitted principal and accessory use in most zones in the Town. This would be in the "special regulations" section (270-219.4) and would also add several definitions pertaining to small wind energy facilities (Section 270-5). (Attach separate sheet(s) if necessary to adequately describe the proposed project.) . Amount of land affected: N/A (Townwide) itiall 0-5 rs Acres 640 rs >10 rs) Acres 7. How is land zoned presently? N/A (Townwide) 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What-is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: N/A (Townwide) 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X_ If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X_ If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Herb Engman, Supervisor, Town of Ithaca Signature and Date: PART II - ENVIRONMENTAL ASSESSMENT To be completed by the Town ; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. Be Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or neighborhood character? Explain briefly: None anticipated. Freestanding small wind energy facilities would be restricted to rear and side yards only with appropriate fall zones and property line setbacks. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. Small wind energy facilities located within 500 feet of designated natural areas, parks, or nature preserves would require the issuance of a special permit by the Planning Board to take into consideration the possible presence of significant bird or bat populations. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. C6. Long term, short- term, cumulative, or other effects not identified in C1-05? Explain briefly: None anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated. The local law would encourage the installation and use of small wind energy facilities, which would reduce the reliance on conventional energy sources. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X CB other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board _ Name of Lead Agency Prep is Signature(If different from Responsible Officer) Herb Enaman. Supervisor Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Signature of Responsible Officer in Lead Agency ATTACHMENT # 4 JULY 79 2008 TOWN BOARD MTG TOWN OF ITHACA LOCAL LAW NO, OF THE YEAR 2008 A LOCAL LAW ADDING CHAPTER _ TO THE TOWN OF ITHACA CODE, TITLED "STORM SEWER SYSTEM AND SURFACE WATERS PROTECTION" Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The Town of Ithaca Code is hereby amended by adding Chapter entitled "Storm Sewer System and Surface Waters Protection," reading as follows : "Chapter _ § _= 1 . Purposes and objectives. § _-2. Definitions. § _-3. Applicability. § _4. Responsibility for administration. § _-5. Discharge prohibition. § _-6. Authorized discharges. § _-7. Prohibited connections. § _-8. Prohibition against activities contaminating stormwater. § _4. Requirement to use best management practices to prevent, control and reduce stormwater pollutants. § _40. Industrial or construction activity discharges. § _41 . Suspension of access to municipal storm sewer system. § _42. Access to premises and monitoring of discharges. § _43. Notification and records of spills. § _44. Enforcement. § _45. Violations deemed a public nuisance. § .46. Remedies not exclusive. May 7, 2008 1 x , § _4 . Purposes and objectives. The purpose of this chapter is to provide for the protection of the natural environment and for the health, safety, and general welfare of the citizens of the Town of Ithaca through the regulation of non-stormwater discharges to the municipal storm sewer system and surface waters to the maximum extent practicable. This chapter establishes methods for controlling the introduction of pollutants into the municipal storm sewer system in order to comply with requirements of the Town' s SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems. This chapter also establishes methods for controlling the introduction of pollutants into surface waters. The objectives of this chapter are: A. To regulate the contribution of pollutants to the municipal storm sewer system, since such systems are not designed to accept, process or discharge non-stormwater wastes. Be To prohibit certain activities regarding, and certain connections and discharges to, the municipal storm sewer system and surface waters. CO To meet the requirements of the Town' s SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems, as it may be amended or revised from time to time. D . To establish the legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this chapter. E. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, fertilizers, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous materials, sediment and other pollutants into the municipal storm sewer system and into surface waters. § _4 . Definitions. Whenever used in this chapter, the following terms shall have the meanings set forth below: BEST MANAGEMENT PRACTICES -- Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to May 7, 2008 2 stormwater, receiving waters, or stormwater conveyance systems . This term also includes treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. CONSTRUCTION ACTIVITY -- Activities requiring authorization under the New York State SPDES permit for stormwater discharges from construction activity, GP-02-01 , as amended or revised. These activities include, but are not limited to, construction projects resulting in land disturbance of one or more acres through clearing, grubbing, grading, excavating, or demolition. DEC — The New York State Department of Environmental Conservation. HAZARDOUS MATERIALS -- Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. This term also includes any material or substance defined as or otherwise included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials;" or "toxic pollutants" under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U . S . C . § § 9601 et seq. , Resource Conservation and Recovery Act, 42 U. S .C. § § 6901 et seq. , Clean Water Act, 33 U. S . C. § § 1251 et seq. , New York Environmental Conservation Law, and all regulations promulgated under these statutes . ILLICIT CONNECTION — Any connection to the municipal storm sewer system or surface waters prohibited by § _-7 of this chapter. ILLICIT DISCHARGE — Any discharge to the municipal storm sewer system or surface waters prohibited by § _-5 of this chapter. INDIVIDUAL SEWAGE TREATMENT SYSTEM -- A sewage treatment facility serving one or more residential parcels of land or residential households, or a private commercial or institutional sewage treatment facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the New York Environmental Conservation Law, INDUSTRIAL ACTIVITY -- Activities requiring the New York State SPDES permit for discharges from industrial activities except construction, GP-98 -03 , as amended or revised. MUNICIPAL STORM SEWER SYSTEM -- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, culverts, May 7, 2008 3 R t R catch basins, curbs, gutters, ditches, man-made channels, swales, ponds, stormwater pipes, and storm drains) : A. Owned or operated by the Town; B . Designed or used for collecting or conveying stormwater; C . Which is not a combined sewer; and D. Which is not part of a Publicly Owned Treatment Works, as that term is defined at 40 C .F .R. § 122 .2 . NON- STORMWATER DISCHARGE -- Any discharge to the municipal storm sewer system or a surface water that is not composed entirely of stormwater. PERSON -- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law. POLLUTANT -- Any material which may cause or might reasonably be expected to cause pollution of Waters of the State, including but not limited to : dredged spoil ; filter backwash; solid waste; incinerator residue; treated or untreated sewage; animal wastes ; cooking grease; detergents ; oil; antifreeze and other automotive fluids or residues; fertilizers ; pesticides; herbicides; garbage; sewage sludge; munitions; chemical wastes; paints;. varnishes ; solvents; pharmaceuticals; biological materials; radioactive materials ; hazardous materials; heat; wrecked or discarded equipment; rock; sand; industrial waste (including but not limited to process wastewater and wash water); municipal waste; agricultural waste; ballast; and wastes and residues that result from constructing or remodeling a building or other structure (including but not limited to concrete, cement, slurries, mud, plasters and concrete rinsates) . POLLUTION — The human-made or human-induced alteration of the chemical, physical, biological, thermal or radiological integrity of water. PREMISES -- Any building, structure, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. SMO — Stormwater Management Officer. SPDES PERMIT — A State Pollutant Discharge Elimination System permit issued by DEC to authorize the discharge of pollutants to the Waters of the State. STATE -- New York State. May 7, 2008 4 STORMWATER — Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation (such as rain, snow or ice), and resulting from such precipitation. STORMWATER MANAGEMENT OFFICER -= The Town Engineer, his or her designee, and any other public official(s) designated by the Town Board. SURFACE WATERS — All aboveground Waters of the State that lie within the Town ' s municipal boundaries or are within the Town' s jurisdiction. 303 (d) LIST -- A list of all surface waters in the State for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by DEC as required by Section 303 (d) of the Clean Water Act, 33 U. S . C . § § 1251 et seq. 303 (d)4isted waters are estuaries, lakes and streams that fall short of State surface water quality standards and are not expected to improve within the next two years. TMDL -- Total Maximum Daily Load. TOTAL MAXIMUM DAILY LOAD -- The maximum amount of a pollutant allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant. TOWN -- The Town of Ithaca, New York. WASTEWATER -- Water that is not stormwater, is contaminated with pollutants, and is or will be discarded. WATERS OF THE STATE -- Lakes, ponds, impounding reservoirs, springs, wells, rivers, intermittent and perennial streams, creeks, wetlands, marshes, inlets, canals, manmade bodies of water created for the treatment of stormwater, and all other bodies of surface or underground water, natural or artificial, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the State or within its jurisdiction. Storm sewers and non-stormwater waste treatment systems, including treatment ponds or lagoons, which meet the criteria of this definition are not Waters of the State. This exclusion applies only to manmade bodies of water which neither were originally created in Waters of the State (such as a disposal area in wetlands) nor resulted from impoundment of Waters of the State. WETLANDS -- Any area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions . May 7, 2008 5 § _-3 . Applicability. All references to discharges in this chapter shall apply to all discharges entering the municipal storm sewer system or surface waters generated on any developed or undeveloped lands, unless explicitly exempted or otherwise authorized by this chapter. § _4. Responsibility for administration. The Stormwater Management Officer(s) (SMO) shall administer, implement, and enforce the provisions of this chapter. The SMO shall have such additional powers and duties as the Town Board may delegate to him or her. § -5. Discharge prohibition. A. No person shall discharge or cause to be discharged into the municipal storm sewer system or surface waters any material or substance that is not composed entirely of stormwater, unless it is an authorized discharge as set forth in § _-6 . B . This prohibition applies to direct discharges (such as through pipes, hoses, or human-created channels) and indirect discharges (such as through sheet flow, groundwater infiltration, or natural swales) into the municipal storm sewer system or surface waters. CO Any person who is notified that it is violating the prohibitions in this section shall immediately take appropriate action to abate the violation and comply with this section. § -6. Authorized discharges. A. The discharge prohibition in § _-5 shall not apply to the following: ( 1 ) Discharges authorized under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under DEC ' s authority, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that DEC has granted written approval for the discharge into the municipal storm sewer system or surface water. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute May 7, 2008 6 compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this chapter. (3 ) Dye testing in compliance with applicable state and local laws, provided that the discharger provides a verbal notification to the SMO prior to the time of the test. B . The following non-stormwater discharges are permissible, but only if they do not result in a violation of New York State water quality standards, the DEC or Town has not determined them to be substantial contributors of pollution, and they are undertaken in compliance with any applicable or required Best Management Practices : ( 1 ) Water supply line flushing. (2) Discharges from potable water sources. (3 ) Runoff and infiltration from landscape irrigation. (4) Runoff and infiltration from lawn watering. (5 ) Existing legally diverted stream flows. (6) Rising groundwater. (7) Uncontaminated groundwater infiltration to storm drains . (8) Uncontaminated pumped groundwater. (9) Uncontaminated groundwater from foundation and footing drains. ( 10) Uncontaminated groundwater from crawl space and basement sump pumps. ( 11 ) Air conditioning condensate. ( 12) . Irrigation water. ( 13 ) Springs . May 7, 2008 7 ( 14) Water from individual residential car washing. ( 15) Flows from natural riparian habitats and wetlands. ( 16) Dechlorinated swimming pool discharges. ( 17) Residential street wash water. ( 18) Water from fire fighting activities . ( 19) Any other water source not containing pollutants. § _4. Prohibited connections. A. No person shall construct,, use, maintain or permit the continued existence of any human-created connection to the municipal storm sewer system or surface waters via pipe, hose, drain, plumbing, channel, or other human-created conveyance, whether on the surface or subsurface, where said connection could allow an illicit discharge into the municipal storm sewer system or surface waters. B . This prohibition expressly includes, without limitation, illicit connections that were made prior to the effective date of this chapter, and regardless of whether the connection was permissible or approved under law or practices applicable or prevailing at the time of connection. C . Any person who is notified that it is violating the prohibitions in this section shall immediately take appropriate action to abate the violation and comply with this section. § _-8. Prohibition against activities contaminating stormwater. The following activities are prohibited : A. Activities that cause or contribute to a violation of the Town ' s Municipal Separate Storm Sewer System SPDES Permit. B . Activities that cause or contribute to the triggering of any of the following special conditions in the Town ' s Municipal Separate Storm Sewer System SPDES Permit: ( 1 ) Discharge Compliance with Water Quality Standards : This condition is triggered where DEC has notified the Town that the discharge of stormwater authorized under its May 7, 2008 8 ` 1 Municipal Separate Storm Sewer System SPDES permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. (2) 303 (d) Listed Waters : This condition is triggered where the municipal storm sewer system discharges to a 303 (d)-listed water. Under this condition, the Town' s stormwater management program must ensure no increase of the listed pollutant of concern to the 303 (d)-listed water. (3 ) TMDL Strategy. This condition is triggered where a TMDL, including requirements for control of stormwater discharges, has been approved by EPA for a waterbody or watershed into which the municipal storm sewer system discharges. (4) This condition is triggered if a TMDL is approved in the future by EPA for any waterbody or watershed into which a municipal storm sewer system discharges. Under this condition, the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If a municipal storm sewer system is not meeting the TMDL stormwater allocations, the Town must, within six (6) months of the TMDL ' s approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. Co Such prohibited activities include, but are not limited to, improper management of animal waste, application of fertilizer or pesticide not in accordance with label directions, and storage of fertilizers or pesticides so they are exposed to stormwater, where such activities eause or contribute to violations of the Town ' s Municipal Separate Storm Sewer System SPDES permit or cause or contribute to the triggering of any of the special conditions in said permit. D . Any person who is notified that its activities violate the prohibitions in this section shall immediately modify or abate such activities so they are no longer in violation. E. Failing individual sewage treatment systems may also contaminate stormwater, and the failure to properly maintain and operate an individual sewage treatment system is a violation of the Tompkins May 7, 2008 9 County Sanitary Code. If the Town receives notification of a potentially failing system, the Town will refer the report to the Tompkins County Health Department. § _-9. Requirement to use best management practices to prevent, control and reduce stormwater pollutants. A. Where the Stormwater Management Officer has identified an illicit discharge or an activity prohibited by § _-8 , the Town may, among other things, require implementation of Best Management Practices to control said discharges or practices. Examples of Best Management Practices include, but are not limited to, spill response plans, proper storage of hazardous materials, and marking of storm drains on commercial, industrial, or institutional properties. B . The owner and/or operator of premises used for commercial, industrial or institutional purposes that violates said prohibitions may be required to provide, at its own expense, reasonable protection from accidental discharge of pollutants into the municipal storm sewer system or surface waters through the use of structural and/or non-structural Best Management Practices, C . The owner and/or operator of premises which are, or may be, the source of a prohibited discharge or activity may be required to implement, at said person' s expense, structural and/or non- structural Best Management Practices to reduce or eliminate the source of pollutant(s) to the municipal storm sewer system or surface waters. § _- 10 Industrial or construction activity discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. The Town may require proof of compliance with said pen-nit in a form acceptable to the Town before it allows such discharges to the municipal storm sewer system. § _- 11 Suspension of access to municipal storm sewer system. A, The SMO may, without prior notice, suspend municipal storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the municipal storm sewer system. The SMO shall notify the person of such suspension in writing within a reasonable time thereafter of May 7, 2008 10 the reasons for the suspension. If the recipient fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the municipal storm sewer system and/or to minimize danger to persons. B . Suspension due to the detection of illicit discharge. Any person discharging to the municipal storm sewer system in violation of this chapter may have its access terminated if such termination would abate or reduce an illicit discharge. The SMO shall notify an alleged violator in writing of the proposed termination of its access and the reasons therefore. If the alleged violator disputes the SMO' s allegations, it may appeal to the Town Board pursuant to the procedures set forth in § _44. C . Access maybe granted by the Town Board if it finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the Town Board determines in writing that the illicit discharge has not ceased or is likely to recur. The Town Board' s decision shall constitute a final agency action. C . No person shall reinstate municipal storm sewer access to premises terminated pursuant to this § - 11 without the prior written approval of the SMO. § _42 . Access to premises and monitoring of discharges. A. Applicability. This section applies to all premises that the SMO must inspect to enforce or verify compliance with any provision of this chapter, and to all premises upon which the Town has reason to believe that there exists, or potentially exists, a condition which constitutes a violation of this chapter. B . Access to premises ( 1 ) The SMO shall be permitted to enter and inspect premises as often as may be necessary to determine compliance with this chapter. If the owner, operator or occupant of the premises has security measures in force which require proper identification and clearance before entry, such person shall make the necessary arrangements to allow access to the SMO. (2) The owners, operators and occupants of premises shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and May 7, 2008 1 1 copying of records as may be required to implement and enforce this chapter. (3 ) The Town shall have the right to set up upon any premises and to operate and monitor such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of discharges from the premises into the municipal storm sewer system or surface waters . (4) The Town has the right to require the owners, operators or occupants of premises to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. Such person shall maintain such sampling and monitoring equipment in a safe and proper operating condition at all times and at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy, and written proof of such calibration shall be submitted to the SMO upon his or her request. (5 ) The owners, operators and occupants of premises shall not unreasonably delay the Town in its access to the premises, nor shall they deny the Town reasonable access to the premises where such access is required to conduct any activity authorized or required by this chapter. (6) If the SMO has been refused access to any part of the . premises to which access is authorized or required pursuant to this chapter, and the SMO is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, then the SMO may seek issuance of a warrant from any court of competent jurisdiction. § _43. Notification and records of spills. A. Notwithstanding any other requirements of law, as soon as any person responsible for any premises (including any facility or operation thereon) or for emergency response for any premises, facility or operation, has information of any known or suspected release of materials which are resulting or may result in an illicit discharge into the municipal storm sewer system or surface waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release May 7, 2008 12 of hazardous materials into the municipal storm sewer system or surface waters, said person shall immediately notify the relevant emergency response agencies of the occurrence via emergency dispatch services (911 ) and then immediately notify the SMO as soon as possible. In the event of a release of non-hazardous materials into the municipal storm sewer system or surface waters, said person shall notify the SMO by no later than the next business, day. All notifications shall be confirmed by written notice addressed and mailed to the SMO within three business days of the release or discovery thereof. B . If the illicit discharge emanates from a commercial, industrial or institutional establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. § _44. Enforcement. A. Notice of Violation. ( 1 ) When the SMO determines that any person has violated a prohibition or failed to meet any other requirement of this chapter, the SMO may order compliance by written Notice of Violation to the responsible person. Such notice may require, without limitation, (a) The performance of monitoring, analyses, and reporting; (b) The elimination of illicit connections or illicit discharges; (c) That violating discharges, practices., or operations cease and desist; (d) The .abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and/or (e) The implementation of source control or treatment Best Management Practices. (2) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration May 7, 2008 13 y must be completed. Said Notice of Violation shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by a designated governmental agency or a contractor with the expense thereof to be charged to the violator and/or to become a lien against the premises. B . Town ' s performance of remediation and restoration. ( 1 ) If any remedial or restoration measures are not completed to the satisfaction of the SMO within the period set forth in the Town' s Notice of Violation or Town Board ' s decision after any appeal thereof pursuant to Subsection C below, the Town may enter the premises to undertake the remedial or restoration measures or cause them to be made. The Town' s entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may enter such property to remove an imminent danger to life, property or safety of the public caused by the activities that violate this chapter. The Town further may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to abate the violation and/or restore the property, with the costs of such actions. the sole responsibility of the violator. (2) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the remedial and restoration measures. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the remedial and restoration measures shall constitute a lien upon the land on which such measures were undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney' s fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The May 7, 2008 14 Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (3 ) The Town' s rights to undertake remedial and restoration measures and recover the costs from the landowner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. C . Appeals of Notices of Violation, notices of proposed suspension of access, and Town bills. Any person receiving a Notice of Violation, notice of proposed suspension of access to the municipal storm sewer system, or a bill for Town costs and expenses may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an Appeal requesting a reconsideration and administrative hearing before the Town Board, Such Appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill . If the Appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within 5 days after such filing, at the address for such person designated in the Appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board ' s decision after the hearing shall constitute a final agency action. May 7, 2008 15 4 . D . Fines, penalties and injunctive relief. ( 1 ) Fines and imprisonment. (a) A violation of any of this chapter' s requirements is hereby declared to be an offense, with conviction of a first offense punishable by a fine of up to five hundred dollars ($ 500. 00) or imprisonment not to exceed fifteen days, or both. For conviction of a second or subsequent offense which was committed within a period of five years from the commission of the prior offense, a violator shall be subject to a fine of up to one thousand dollars ($ 1 ,000. 00) or imprisonment not to exceed fifteen days, or both. (b) Each day a violation exists shall constitute a separate violation. (c) Any police officer, peace officer, Town Code Enforcement Officer, or any other person who may be lawfully designated by the Town Board, shall have the authority to issue appearance tickets in connection with such violations. (2) Civil penalties and injunctions. . I r (a) Persons violating any of this chapter' s requirements shall be liable for a civil penalty of up to five : hundred dollars ($ 500. 00) for a first violation and up to one thousand dollars ($ 1 ,000.00) for a second or subsequent violation which was committed within a period of five years from the commission of the prior violation. (b) Each day a violation exists shall constitute a separate violation. (c) The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys ' fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. May 7, 2008 16 I l E . Withholding of building permits and certificates of occupancy. If any activity is undertaken or condition exists in violation of this chapter, the SMO or Town Code Enforcement Officer may withhold or revoke any building permit or withhold a certificate of occupancy. F . Alternative Remedies. ( 1 ) Upon the recommendation of the Attorney for the Town and concurrence of the SMO, the Town and any violator of this chapter may agree that the violator will voluntarily be subject to alternative remedies in lieu of the Town ' s seeking a civil penalty. Such an agreement is appropriate where: (a) The violation was unintentional ; (b) The violator has no history of previous violations of this chapter; (c) Environmental damage did not occur or was minimal ; (d) The violator acted quickly to remedy the violation; and (e) The violator cooperated in the investigation and the violation' s resolution. (2) Alternative remedies may consist of one or more of the following: (a) Attendance at compliance workshops. (b) Storm drain stenciling or storm drain marking. (c) River, stream or creek cleanup activities. (d) Any other activity deemed by the Town to be a significant contribution to the health, safety and welfare of the Town, its citizens and/or the environment. May 7, 2008 17 t § _45 . Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter, is hereby deemed and declared to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator' s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the Town in its sole discretion. § . 16. Remedies not exclusive. The remedies set forth in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies. " Section 2. Severability, In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. May 7, 2008, 18 ATTACHMENT # 5 JULY 7 , 2008 TOWN BOARD MTO Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION To be completed by A plicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Town of Ithaca Storm Sewer System and Surface Town of Ithaca Waters Protection 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) The new law will apply throughout the entire Town . Tax Parcel Number: 4. Is proposed action : NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : The project is to adopt a local law which will involve adding Chapter 227 to the Town of Ithaca Code , titled "Storm Sewer System and Surface Waters Protection" . The purpose of the law is to prevent the introduction of pollutants into area waterways by regulating discharges into the municipal storm sewer system and surface waters that are not composed entirely of stormwater, and by prohibiting certain activities and connections to the storm sewer system and surface waters that could cause the introduction of pollutants . The new law will apply Town -wide to all discharges into the municipal storm sewer system and other surface waters . Attach separate sheet(s) if necessary to adequately describe the proposed project.) 6. Amount of land affected: Initiall (0-5 rs) Acres (6- 10 rs) (> 10 rs) Acres Not applicable , town-wide action . 7. How is land zoned presently? All zones with the Town are subject to the law. 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes NO If no, describe conflict briefly: The proposed action will result in a new law. 9. Will proposed action lead to a request for new: Not applicable Public Road? YES NO Public Water? YES NO Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial X Industrial X Agriculture X Park/Forest/Open Space X Other Please Describe: The new law will apply to all land uses in the Town . 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type): Signature and Date: PART II - IMPACT ASSESSMENT (To be completed by Lead Agency A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 .4? If yes, coordinate the review process and use the FULL EAF. Yes No B . WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes E No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten , if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern , solid waste production or disposal , potential for erosion , drainage or flooding problems? Explain briefly: See attached C2. Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See attached - _ - C3. Vegetation or fauna , fish , shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See attached C4 . A community's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? Explain briefly: F ee attached C5. Growth , subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See attached C6 . Long term, short term , cumulative, or other effects not identified in C1 -05? Explain briefly: See attached C7 . Other impacts (including changes in use of either quantity or type of energy? Explain briefly: See attached D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If es , ex lain briefl : El Yes ❑V No E . IS THERE , OR IS THERE LIKELY TO BE , CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If xes ex lain: ED Yes ❑� No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS : For each adverse effect identified above , determine whether it is substantial , large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural ) ; (b) probability of occurring ; (c) duration ; (d ) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined , based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide , on attachments as necessary, the reasons supporting thi determination . Town of Ithaca Town Board p July 7 , 2008 p Name of Lead Agency Date Herb Engman p Town of Ithaca Supervisor p Print or Type N me of Re pon icer in Lead Agency Title of Responsible Officer ignature of R onsible 0 ffs in Lead Agency Signature of Preparer (If different from responsible officer) I I • PART II — Environmental Assessment: Adoption of a Stormwater Management & Erosion and Sediment Control Law Town of Ithaca Town Board A . Action is Unlisted . B . Action will not receive coordinated review. C . Could action result in any adverse effects on , to or arising from the following : C1 . Existing air quality , surface or groundwater quality or quantity, noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels , traffic , solid waste , or potential for erosion , drainage , or flooding as a result of the proposed action . Enactment of the "Storm Sewer System and Surface Waters Protection" law is intended to protect water quality. The law will regulate discharges into the municipal storm sewer system and surface waters and prohibit those not composed entirely of stormwater, with the exception of the discharges listed in Section 207-6 B . of the law that have been determined by the NYS Department of Environmental Conservation/Town of Ithaca not be substantial contributors of pollution ( i . e . basement sump pump flows, irrigation water) . The law prohibits certain activities ( i . e . improper management of animal waste , application of fertilizer or pesticide not in accordance with the label directions) and connections (via a pipe , hose , drain , etc) to the stormwater sewer system and surface waters that could cause the introduction of pollutants . The law provides the necessary authority to the Town to investigate/inspect and enforce the regulations . C2 . Aesthetic, agriculture , archeological , historic, or other natural or cultural . resources , or community or neighborhood character? None Anticipated . C3 . Vegetation or fauna , fish , shellfish or wildlife species , significant habitats , or threatened or endangered species? None Anticipated . Enactment of the "Storm Sewer System and Surface Waters Protection" law is intended to protect the biological , ecological , and other beneficial functions of water bodies from the adverse impacts of pollution . This will be accomplished through measures/regulations that will seek to eliminate the use of the municipal storm sewer system or surface waters for discharges of non-stormwater related flows and materials that may contain pollutants . C4 The Town ' s existing plans or goals as officially adopted or a change in use or intensity of land or other natural resources? None Anticipated . This local law will add a new chapter to the Town of Ithaca Code and regulate discharges into the municipal storm sewer system and surface waters for the purpose of preventing pollution of the Town ' s water resources . The law will apply to land development activities town-wide and in all zoning districts . The law will not impact any officially adopted goals or plans of the Town , nor result in any change in use or intensity of the land . The Town of Ithaca is required by New York State Department of Environmental Quality and the U . S . Environmental Protection Agency to enact these regulations as part of the MS4 ( municipal separate stormwater sewer system ) stormwater management program . C5 Growth subsequent development or related activities likely to be induced by the proposed action? None Anticipated , C6 Long term short term cumulative or other effects not identified in C1 -05? None Anticipated . C7 Other impacts ( including changes in use of either quantity or type of energy)? None Anticipated . D . Is there or is there likely to be controversy related to potential adverse environmental impacts? No controversy related to potential adverse environmental impacts is anticipated . PART III — Staff Recommendation , Determination of Significance Based on review of the materials submitted for the proposed action , the proposed scale of it , and the information above , a negative determination of environmental significance is recommended for the action as proposed . Lead Agency: Town of Ithaca Town Board Reviewer: Susan Ritter, Assistant Director of Planning Review Date : July 1 , 2008 2 ATTACHMENT # 6 JULY 7 , 2008 TOWN BOARD MTCT . It TOWN OF ITHACA # 2 LOCAL LAW NO. OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED " VEHICLES AND TRAFFIC ," BY ADDING STOP SIGNS AND REMOVING YIELD SIGNS AT CERTAIN INTERSECTIONS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, Chapter 250 of the Town of Ithaca Code is hereby amended as follows : A . Schedule A at the end of Chapter 250, which Schedule is designated as "250 Attachment 1 , " entitled " Stop Intersections" and referred to in § 250- 18 of said Chapter, is amended by adding to the list in Schedule A the following entries : "On Sharlene Road at Snyder Hill Road" "On Sharlene Road at Tudor Road" B . Schedule B at the end of Chapter 250, which Schedule is designated as "250 Attachment 2, " entitled "Yield Intersections" and referred to in § 250- 19 of said Chapter, is amended by deleting from the list in Schedule B the following entries : "On Sharlene Road at Snyder Hill Road" "On Sharlene Road at Tudor Road" Section 2 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. May 29, 2008 1 ATTACHMENT # 7 JULY 79 2008 TOWN BCAPD MTrT . ❑ ❑ ❑ 111111 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION o be completed by A plicant or Project Sponsor) 1 . Applicant/Sponsor 2. Project Name Town of Ithaca, Town Board East King Road Sanitary Sewer Extension 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) @09 King Road East to 227 King Road East Tax Parcel Number: 45.-2-2, 45.-2-3, 45 .-2-4, 45 ,-2-5145.-2-6.2 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : Construction of 715 ' of 8"PVC Sanitary sewer to serve 5 existing houses. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) I Amount of land affected: ' tiall 0-5 s 6 Acres 6-10 s >10 rs Acres How is land zoned presently? w Density Residential 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe : 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YESX NO If yes, list agency name and permit/approval/funding: TCDOH sewer construction 12. Does any. aspect of the proposed action have a currently valid permit or approval? YES NO_X_ If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : 1 R Dire for of Endineering. Town of haca Signature and Date : 7 2 1 Z08 PART H - ENVIRONMENTAL ASSESSMENT To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review processand use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved a enc , if any, C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB other attached. Check as applicable.) PART IH - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Daniel R. Walker. Director of Engineering Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Herb Engman. Town Supervisor Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: Si tore of R nsible Offi in Lead Agency ATTACHMENT # 8 JULY 7 , 2008 TOWN BOARD MTC 4 ENGINEER' S REPORT A ) KING ROAD EAST 200 BLOCK J SANITARY SEWER IMPROVEMENTS TOWN OF ITHACA TOMPKINS COUNTY, NEW YORK JUNE 2008 The proposed project is a extension of sanitary sewer on the south side of King Road East in the area between Troy Road and Ridgecrest Road. There are five existing houses in this area that do not have access.to public sewer lines and are serviced only by septic tanks. A new sewer line is proposed to improve provide needed sewer service. The proposed 8" PVC sewer line would service the existing houses along the south side of King Road East from 209 King Road East. to 227 King Road East. The total length of the new line is 715 ' and has.an estimated cost of $87,956. This project would benefit the town by removing some old and potentially leaky septic tanks from service. Some of the septic tanks are failing and residents have requested a connection to the existing sanitary sewer lines. i d East King Rd Sanitary Sewer Extention ACCOUNT # DESCRIPTION ENGINEERS Amount Spent CONTRACT ESTIMATE BIDDING PROCESS $ 200.00 $ CONTRACT ADMIN $ 11000 .00 $ - CONSTRUCTION $ 87 ,956 .00 $ - CONTRACT DOCUMENTS $ 800.00 $ - ENGINEERING DESIGN $ 39000.00 $ - GEOTECHNICAL $ 200 .00 $ - INSPECTION $ 69000 .00 $ - LEGAL $ 200 .00 $ - ROW ACQUISITION $ 500 .00 $ - SURVEY $ 500 .00 $ - TESTING $ 500 .00 $ - TOTAL COST $ - $ 1009856.00 $ - 't East King Rd Sanitary Sewer Addition Item No. Item Description Unit Amount Unit Cost Total Cost 1 Mobilization LS 1 $5 ,000 .00 $5, 000 .00 2 Maintenance and Protection of Traffic LS 1 $5 ,000 .00 $5 , 000 .00 3 8 Inch SDR 35 Sewer Line under Vegetation LF 715 $60 .00 $42, 900 . 00 5 4' Diameter Precast Manhole Each 3 $ 1 , 270 .00 $3, 810 . 00 7 Rock Excavation CY 200 $85 .00 $ 17 , 000 . 00 8 Special Gravel Backfill CY 100 $ 16 .00 $ 1 , 600 .00 9 Manhole frames and covers Each 3 $350 .00 $ 1 , 050 . 00 10 , 4 Inch Service Cleanout Each 4 $ 150 . 00 $600 .00 1114 Inch Service Lateral LF 100 $30 . 00 $31000 .00 TOTAL $ 79 , 960. 00 10% CONTINGENCY $7, 996.00 GRAND TOTAL $87 , 956. 00 last printed 7/2/2008 TOWN CLERK' S MONTHLY REPORT W a 4 2 7 TOWN OF ITHACA, NEW YORK ATTACHMENT # b JUNE, 2008 . JULY 79 2008 TOWN BOARD MTCT TO THE SUPERVISOR: I PAGE 1 Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law: A1255 19 MARRIAGE LICENSES NO . 08034 TO 08052 332 . 50 7 MISC. COPIES 52 .20 3 TAX SEARCH 15 . 00 4 MARRIAGE TRANSCRIPT 40. 00 TOTAL TOWN CLERK FEES 439.70 A2544 DOG LICENSES 1 ,668 . 95 TOTAL A2544 1,668.95 B2110 5 ZONING BOARD MTG 500. 00 TOTAL B2110 500.00 B2111 37 BUILDING PERMIT 7,780. 00 6 BUILDING PERMIT EXTENSIN 762 . 50 2 FOUNDATION PERMITS 6,801 .25 2 CERTIFICATE OF OCCUPANCY 400.00 1 FIRE SAFETY INSPECTIONS 170. 00 1 SIGN PERMITS 56. 00 1 TEMP CERTIFICATE OCCUP 50. 00 3 OPERATING PERMIT 2,650. 00 TO,TAU'B211l 189669975 B2691 1 FILL PERMIT 100. 00 TOTAL B2691 100.00 TOWN C.LERK' S MONTHLY REPORT JUNE, 2008 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND 2, 108 . 65 PAID TO SUPERVISOR FOR PART TOWN FUND 19,269 . 75 PAID TO COUNTY TREASURER FOR DOG LICENSES 195 . 05 PAID TO AG & MARKETS FOR DOG LICENSES 36 . 00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 427 . 50 TOTAL DISBURSEMENTS 229036.95 JULY 11 2008 SUPERVISOR ERT J. E MAN STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF ITHACA I, KAREN BILLINGS, being duly sworn, says that I am the Clerk of the TOWN OF ITHACA that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn to before me this Town Clerk day of 20 Notary Public 1y OF 1P ° �9 TOWN OF ITHACA 215 N . Tioga Street , Ithaca , N .Y. 14850 fa zi www.town. ithaca.ny.us �� W X04 TOWN CLERK 273- 1721 PUBLIC WORKS ( Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 MEMORANDUM TO : Herb Engman FROM : Karen Billings , Town Clerk RE : Dog Census Outcome/Comparisons DATE : June 19 , 2008 The Town of Ithaca is approximately one-week away from completing its Dog Census . The results to date are : Total Dog Count anticipated at : 1000 - 1100 (We have currently licensed 576 dogs and licensed a total of 878 dogs in 2007 ) ; 240 of the dogs in this count are new dog licenses Total Cost to the Town to conduct 2008 census : $2420 . 00 (anticipate $25 in additional expenses to cover the cost of the gift basket) Last year (2007 ) 878 dogs were licensed in the town . Only six months into the current year, we are running 23 % ahead of last year. Based on this , I anticipate that we could net out at 1079 dogs in the town by 12/31 /2008 . According to the US Census , the Town of Ithaca human population is 18 , 198 (source: U .S. census Bureau , 2006 Population Estimates, retrieved on June 19, 2008 from http://www.census.-g The Town of Ithaca mailed a brochure to every household in the town , a total of 4543 flyers . Based on this , we can estimate that there is one dog for every 4 . 5 houses in the town of Ithaca . The Town of Dryden is conducting its dog census and has no information to report at this time . According to the US Census the human population in the Town of Dryden is : 13 , 916 (2006 census estimate from http://uscensus.gov) NDogslJune Report. doc Page 1 of 2 The Town of Caroline has a dog census underway and has the following information to report : Per Debra DeAugistine, "Our enumeration got off to a VERY slow start, and I subsequently hired a new enumerator . She's a vet, and takes the effort very seriously , but it's still slow going . Caroline has a disproportionate number of dogs compared to other towns , many of which are not licensed . We also have a lot of very rural properties belonging to people who don 't like visitors . What I 'm finding from the comments on the logs the enumerator hands in is that people promise to license the dogs when talking to her face to face . Most don't follow up on that promise , however, and after several weeks, turn their names over to the SPCA; this has yielded many new licenses . As far as our net and gross, we budgeted $7000 for the enumeration and decided to pay the enumerator by the house . With approximately $ 1076 houses in the town , this comes to $6 . 50 per house visited . I think she's knocked on around 200 doors so far, so there's a long way to go . Our main goal is to license dogs for the public safety -- we certainly won't recoup the money we're spending on the enumeration in licensing fees. When the effort is further along , I 'll be better able to gauge its success . " According to the US Census , the human population in the Town of Caroline is : 3010 (2006 census estimate from http://uscensus.gov). NDogslJune Report. doc Page 2 of 2 TOWN OF ITHACA Public Works Department Month of June — Board Report July 7, 2008, Meeting Roads : • The storm water project on Simbury Drive is close to completion with only blacktop driveways yet to be paved to finish this job. • Work progressed on our storm water project at Tudor Road . This work has been slowed by the many buried utilities we have had to hand dig around to install our pipes . • Work continued on the permanent improvement (paving) project on Sharlene Road . Again, this work has been slowed by the buried utilities we have had to hand dig around. • We began replacing worn out culvert pipes along Eastern Heights Drive and ditching where needed in preparation of paving this road. • We hauled stone for stock piles and screened/ mixed topsoil at the shop . • Roadside mowing continued . • Two new seasonal employees started working this month. All temporary workers are given an orientation and safety training program before going out with work crews. • We provided traffic control while our guiderail contractor installed new rail on Sand Bank road . • We ditched and hydroseeded a section of Southwoods Drive and Christopher Lane . • We moved a paver for the Town of Lansing and assisted the Town of Caroline with their paving projects . • Numerous minor washouts were repaired and several clogged driveway culverts were jet rodded after localized, heavy thundershowers caused problems . • Weekly traffic counts continue. Parks, Trails, and Preserves : ■ Weekly site inspections were performed. ■ Practices and final season games at Valentino Field continued, along with daily field maintenance . ■ We rented a mini-excavator for two weeks to do some ditching in hard to access areas at several parks and trails . All new ditches were hydroseeded ■ Annual flowers were planted at Town Hall, Public Works Facility, Tutelo Park, and East Shore Park . Weeding, fertilizing, watering, and mulching were done several times post-planting to get the new plants off to a good start. Water: ♦ A water main break at 139 East King Road was repaired . ♦ A damaged water valve at the Sharlene Road/ Tudor Road intersection was repaired . ♦ Several pump stations were painted and the roof replaced at the Regency Lane Pump Station. ♦ Inspection work on the Trumansburg Road and Hanshaw Road water mains was completed . ♦ Repaired water service on Tudor Road damaged during relocation of gas services . Sewer: ► 134 Dig Safely New York mark outs were performed . ► Weekly sewer pump station checks were completed . ► Video inspection of a sewer Service on Wolff Lane and Slaterville Road was done to aid residents . ► Manholes in the Southwoods development were located with GPS equipment for developing as-built drawings to be added to our GIS mapping. ► Replaced manhole frames and covers on Eastern Heights Road to prepare for paving. Tuly Projects 1 . Continue working on Eastern Heights Drive, Sharlene Road, and Tudor Road projects . 2. Park and trail grounds maintenance . 3 . Driveway culvert installations for several residents . 4. Summer youth begin July 7th . 5 . Continue brush and tree trimming around signs and at intersections . 6 . Assist Tompkins County with installing crosswalk at Pine Tree Road for Pew Trail transit plaza. 7. Preparation for paving and surface treating. ghk Town Engineer' s Report for July 7, 2008 Town Board Meeting EARTH FILL PERMITS Enforcement activity is continuing on tax parcels 26. 4-2, 26. -4. 3 . The property owner has submitted a plan and application for a driveway and crossing of Williams Glen Creek. The Town Engineer has reviewed the plan and has asked for additional supporting documentation prior to processing the application. TOWN HALL ROOF RENOVATIONS The Town Engineer has been directed to prepare plans and specifications for the replacement of the metal roof on the original 1906 portion of the building. The project will include replacement of the metal roof with a standing seem steel roof and relining of the stone gutter with a rubber membrane. The work will also include repointing of associated stone structures and repainting of wooded trim. The preliminary budget is estimated at $250,000. WATER PROJECTS Trumansburg Road Water Main Replacement Final punch list work and site restoration has being completed. A small retainage is being held until all plantings are fully established. Hanshaw Road Water Main Replacement Final punch list work and site restoration has being completed. A small retainage is being held until all plantings are fully established. East Shore Drive Water Main Replacement Preliminary design is underway for the replacement in the Town of Ithaca and a section of water main on East Shore Drive in Lansing. Test Borings have been planned and will be drilled this summer. SEWER PROJECTS Joint Interceptor Sewer Projects The Town Engineer is reviewing the 5 year capital plan for interceptor sewers with the City of Ithaca Staff. The City of Ithaca has issued a construction contract for renovation and upgrades to the sewer flow monitoring stations located at the city/town line. Work on the project is proceeding. STORM WATER MANAGEMENT The Northeast Ithaca Drainage evaluation field work is proceeding well with the engineering interns busy working I n the field gathering survey data using the Town' s GPS and Surveying equipment and then mapping the data. This information will be used to develop a plan to help correct the identified drainage problems. Technical assistance will be provided to individual property owners with site specific drainage problems and the Town will also be looking at solutions to drainage problems that impact multiple properties. DEVELOPMENT REVIEW TOWN ENGINEERS REPORT 7/7/2008 WESTVIEW SUBDIVISION 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. CONIFER VILLAGE (Linderman Creek Phase 4) Building Construction is nearing completion and a temporary Certificate of Occupancy has been issued for part of the building. Sediment and erosion controls are being monitored as final site work and landscaping is being completed. HOLLY CREEK Engineering staff is continuing to monitor the Storm Water Management system. The deed for Holly Creek Lane has been signed and is in the process of being recorded. COUNTRY INN & SUITES Sediment and erosion controls are being monitored for the site. Final restoration and landscaping of the site needs to be completed prior to issuance of the final Certificate of Occupancy. CORNELL COMBINED POWER AND HEAT PROJECT AND SERVICE YARD IMPROVEMENTS The engineering staff has reviewed the stormwater management plan for the project and is monitoring the sediment and erosion control measures. Excavation of the site and installation of temporary retaining walls underway and foundation work is anticipated to start . The Gas Main required for supply to the site has been approved by the state Public Service Commission and the Town Engineering Staff is reviewing the SWPPP prior to the start of construction. CORNELL ANIMAL HEALTH DIAGNOSTIC CENTER The engineering staff has reviewed the stormwater management plan for the project and will be monitoring the sediment and erosion control measures . Town Engineer's Report July 7, 2008 Daniel R. Walker Page 2 7/l /2008 . rt N OF I p TOWN OF ITHACA PLANNING DEPARTMENT O 9� � a 215 NORTH TIOGA STREET, ITHACA, N .Y . 14850 = 1821= = -� OZ ona an anter, (60'/) 2/3- 1'/4/ Director of Planning FAX (607) 273-1704 Planning_Director ' s Report for July 7 , 2008 Town Board Meeting DEVELOPMENT REVIEW June 3 , 2008 Planning Board Meeting: Cornell University Pomology Building Addition, 128 Crisp Apple Drive : The Planning Board granted Preliminary and Final Site Plan Approval for the proposed addition to the Cornell University Pomology Cold Storage Building located at the 128 Crisp Apple Drive (Cornell University Orchards off Dryden Road), Town of Ithaca Tax Parcel No . 63 - 1 - 11 , Planned Development Zone No . 9 . The project involves constructing a 2 , 700 +/- square foot addition on the south side of the existing 11 , 800 +/- square foot Pomology Cold Storage Building to house an enology teaching lab and cider press. Cornell University, Owner/Applicant; Steven F . Moolin, R.A. , Beardsley Design Associates, Agent. Cornell Transportation-focused Generic Environmental Impact Statement (t-GEIS) : The Planning Board began its adequacy review of the t-GEIS . Cornell representatives provided an overview of the organization and content of the t-GEIS . Ithaca Estates — Modification of Phase II Subdivision, East King Road : The Planning Board granted Final Subdivision Approval for the modification of Ithaca Estates - Phase II Subdivision, approved by the Town of Ithaca Planning Board on December 1 , 1987 , located off East King Road, and in particular with respect to Tax Parcel No . 43 - 1 -3 .21 , Low Density Residential Zone, adjacent to the Montessori School . Tax Parcel No . 43 - 1 -3 . 21 consists of 1 . 76 +/- acres, and was intended as part of the original subdivision to be conveyed to the Town of Ithaca as a proposed park. This conveyance has not occurred. The proposed modification is to have the parcel conveyed to the Town as general purpose land, rather than as a park. Evan N . Monkemeyer, Owner; Town of Ithaca Planning Board, Applicant. June 17, 2008 Planning Board Meeting: Friends Meeting Retreat, Behind 14094415 Slaterville Road : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed Friends Meeting Retreat project located off Slaterville Road (NYS Route 79) behind (west) 1409 — 1415 Slaterville Road, Town of Ithaca Tax Parcel No . 58- 1 - 14 . 22 , Medium Density Residential and Conservation Zones . The project involves using the 8 . 3 +/- acre property for picnics and multi- day retreats and could involve a large tent and portable toilets. The project also involves constructing a gravel entrance drive from Slaterville Road approximately 155 feet into the property for access. Ithaca Monthly Meeting of the Religious Society of Friends, Owner/Applicant; Marin Clarkberg, Agent. it 'Town' of Ithaca Planning Dzrecto"r 's Report r July 7;$ 2008Town:Boar dMeeting , r " Cornell University Field Hockey Game and Practice Venue, Campus Road at Robinson Alumni Fields : The Planning Board granted Preliminary and Final Site Plan Approval and Special Permit for the proposed construction of a field hockey game and practice venue located on Campus Road at the Robinson Alumni Fields in both the Town and City of Ithaca, Town of Ithaca Tax Parcel No . 67- 1 - 13 . 2 , Low Density Residential Zone. The project involves replacing the existing natural grass practice area at Robinson Alumni Fields with a new synthetic turf (Astroturf) playing field . The project also includes new stormwater facilities and a small asphalt pad which will allow portable bleachers to be brought in to accommodate spectators at games . Cornell University, Owner/Applicant; Robb Champlin, Clark Companies, Agent. Sketch Plan Review — Cornell University Plantations Welcome Center, Plantations Road : The Planning board heard a sketch plan presentation for the proposed Cornell University Plantations Welcome Center located on Plantations Road, Town of Ithaca Tax Parcel No . 67- 1 -6, Low Density Residential Zone. The proposal involves the construction of a 6, 000 +/- square foot Welcome Center which will include a visitor lobby and exhibit area, multi-purpose room, a conference room, and other visitor amenities . The project will also include a 44 space parking lot and visitor arrival area, new stormwater facilities, and a new combined pedestrian pathway and roadway to connect the project. Cornell University, Owner/Applicant; Christine Carstensen, Agent. Cornell Transportation-focused Generic Environmental Impact Statement (t-GEIS) : Cornell ' s consultants presented an overview of the traffic analysis sections of the t-GEIS . The Board will continue review and discussions regarding the t-GEIS over the next several meetings prior to considering whether to accept the t-GEIS as complete for public review and comment. Reviews for Zoning Board (ZBA) : One application and one referral to the Zoning Board were processed since the June report, resulting in one set of variances granted with conditions and one recommendation issued to the Town Board, as follows. June 16, 2008 ZBA Meeting: GRANTED - APPEAL of Ithaca College, Owner/Appellant, Richard Couture, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270- 70 of the Town of Ithaca Code, to be permitted to construct buildings and light poles that exceed the maximum allowable height for structures in a Medium Density Residential Zone. The proposed structures are part of the Ithaca College Athletic and Events Center project located on the Ithaca College Campus, Town of Ithaca Tax Parcel No . 's 41 - 1 -30 . 2 and 42- 1 -9 .2 , Medium Density Residential (MDR) Zone. The overall proposal includes the construction of a field house, a rowing facility, weight training facilities, and aquatics center building, a landscaped plaza, six outdoor tennis courts, an all-weather turf field with seating and lighting, new and expanded parking facilities, new roads and walkways, new and expanded storm water facilities, and new lighting and landscaping throughout the project. The Town Code restricts the maximum allowable height for buildings in the MDR Zone to 36 feet in height from the lowest exterior grade and 38 feet in height from the lowest interior grade, whichever is lower. Further, no structure other than a building in the MDR zone shall be erected, altered, or extended to exceed 30 feet in height. Height variances are therefore needed for the proposed field house/tower/aquatics center building (62ft, 175ft, and 45ft tall respectively), the four proposed light poles for the turf field 2 .i Town oflthaca Pldnning;Dtrecfor's Report July 7, 2608 TownBoard Meeting; <+ (two at 90ft tall, two at 100ft tall), and the six proposed light poles for the tennis courts (each 50ft tall) . The applicants submitted a Final Environmental Impact Statement for the Ithaca College Athletic & Events Center proposal on April 3 , 2008 , per the requirements of 6 NYCRR Part 617 of the State Environmental Quality Review Act. The Town of Ithaca Planning Board, as lead agency, accepted the FEIS on April 22 , 2008 and adopted its findings statement on May 20, 2008 . The Planning Board also granted Preliminary Site Plan and Special Permit approval, with conditions, at the May 20, 2008 Planning Board meeting. The ZBA adopted its Statement of Findings regarding the Ithaca College Athletic & Events Center prior to acting on the variances . Recommendation to Town Board Regarding Proposed Amendments to the Lakefront Residential Zone : The ZBA issued an affirmative recommendation to the Town Board regarding the proposed amendments to the Lakefront Residential Zone. The ZBA specifically recommended that the Town Board consider further increasing permitted dock length to 60 feet (from the proposed 50 foot maximum) . CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COC) : The Committee met on June 18 , 2008 . The Committee completed its follow-up work on the draft proposed local law regarding Small Wind Energy Facilities after they were referred back to the Committee by the Town Board with a request to review the comments that had been provided regarding noise standards. The Committee also continued discussion regarding the proposed stream setback law. The next COC meeting is scheduled for July 16, 2008 . Tentative agenda items include continuation of review of the proposed Stream Setback Law, consideration of amendments to the Zoning provisions regarding fence height and setback, and consideration of amendments to Chapter 221 of the Town of Ithaca Code regarding Signs . Planning_Committee: The June 12 , 2008 Planning Committee meeting was cancelled . The next regular meeting of the Committee is scheduled for July 10, 2008 . Comprehensive Plan Committee : The Committee met on June 26, 2008 and continued discussion regarding the planned residents ' survey, confirmed possible dates for a public information meeting/open house (Thursday, September 181h or Tuesday, September 23rd, 2008), and an itinerary for the orientation tour of the Town (scheduled for July 8 , 2008 ) . The Committee also participated in an analysis of strengths, weaknesses, opportunities, and threats (SWOT) in the Town and worked on a vision statement for the Town. Staff participated with sub-committees regarding the tour and residents ' survey. The next meeting is scheduled for Thursday, July 24, 2008 at 7 : 00 p .m. Conservation Board: The Conservation Board met on June 5 , 2008 . Agenda items included committee reports and updates, continuation of discussion regarding possible revisions to language in the Conservation Zone, and the Board issued an affirmative recommendation to the Town Board 3 -Town of lihaca Planning Director's Report .- . ti July 7; 2068, Town Board Meeting , 1 ; ?,T concerning the Stormwater Sewer System and Surface Waters Protection Local Law. The next meeting of the Conservation Board is scheduled for July 3 , 2008 , at which the Conservation Board is scheduled to consider a recommendation to the Town Board regarding proposed amendments to the Lakefront Residential Zone. Route 96 Corridor Management Study: The Route 96 Corridor Study Steering Committee met on June 26, 2008 to discuss the draft of Technical Report #2 . This includes the alternate development scenarios that have been prepared by the consultants. Carrowmoor Draft Local Law : The sub-committee continues to meet with the Carrowmoor developers to work out details of the draft local law for a Planned Development Zone. Most recent meetings were held on June 20th and June 27th, 20081 West Hill Trail Committee: The Committee met on June 10, 2008 to continue discussion regarding the status of contacting property owners through which potential trails connecting into the City could go . A field visit is scheduled for Tuesday, July 15 , 2008 starting at the EcoVillage Second Neighborhood Common House to assess the character of potential trail corridors . Capital Projects Sub-Committee: The Planning Department has participated in several meetings of the capital projects sub-committee to discuss the status of projects in the 2008 approved Capital Program and proposed projects in the 2009 and future Capital Budgets . Agricultural Planning Grant : Based on positive . responses from the NYS Department of Agriculture & Markets, Planning staff prepared an expanded project scope of work as an addendum to the grant application that the Town had submitted for the preparation of a local agriculture and farmland protection plan. Grant announcements for this program will be forthcoming. ITCTC Joint Plannin Policy Committee: The joint meeting of the Ithaca-Tompkins County Transportation Council was held on June 17, 2008 . Agenda items included two TIP amendments, one dealing with changes in the transit funding tables (mostly administrative) and one shifting money from Tompkins County' s Coddington Road project to the Warren Road project. The 2007-2008 Self-Certification Report for ITCTC was also approved. Affordable Housing Workshop : Several of the Planning staff attended a workshop on affordable housing held at the downtown Holiday Inn on June 24, 2008 . A number of developers of affordable housing projects described their efforts in the area. 4 Town of Ithaca Code Enforcement Monthly Report 6/1 /2008 Until 6/30/2008 Building Permits rBP # Date Value Description fee category 8050 6/2/2008 $12 ,000 .00 Install new shingles on roof of existing $60.00 renovations to structure & install new siding with new residential house wrap 8051 6/2/2008 $3,000 ,000 .00 Alterations to Dillingham Center $4,000 .00 business 8049 6/2/2008 $125,000 .00 2-bedroom single-family home without $350 .00 new single-family garage or finished second story homes 8052 6/6/2008 $29300.00 Repair load bearing wall removed during $25.00 renovations to previous kitchen remodelling residential 8053 6/6/2008 $2 ,497.00 Replace existing fire alarm panel and $25.00 business switches 8055 6/12/2008 $ 1 ,700,000.00 Creation and expansion of parking lots $29000 .00 business 8054 6/12/2008 $3500.00 Construct 212 sq ft deck attached to $35.00 additions to existing structure residential 8056 6/13/2008 $446,000.00 Site work related to Animal Health $850 .00 miscellaneous Diagnostic Center 8056 6/13/2008 $446,000.00 Site work related to Animal Health $850.00 miscellaneous Diagnostic Center 8058 6/16/2008 $2 ,500 .00 Repair covered side porch- $25.00 renovations to residential 8059 6/16/2008 $1 ,200.00 Recovering of existing roof covering . $25.00 renovations to One layer over existing single layer. residential 8057 6/1612008 $54,800.00 Convert existing enclosed porch into $200 .00 renovations to habitable space & convert bathroom into residential laundry room 8060 6/17/2008 $14,000.00 Repair foundation wall all work to meet $60.00 renovations to design professional recommendations residential 8061 6/19/2008 $5 ,500.00 10' x 12 rear deck $45.00 additions to residential i 8063 6/23/2008 $5,000 .00 Demolish existing garage structure $35.00 miscellaneous i 18062 6/23/2008 $7,675.00 Tear off and replace roof covering on $45.00 renovations to existing structure residential 8065 6/24/2008 $49252 .00 Install 18' x 52" deep above ground pool $35 .00 miscellaneous I 8066 6/24/2008 $44,453.90 107 square foot roof mounted $ 100 .00 miscellaneous photovoltaic installation 8064 6/2412008 $19,000 ,000 .00 Foundation for addition to and alteration $8,000.00 business of the Central Heating and Power Plant Tuesday, July 01 , 2008 Pagel `v Town of Ithaca Code Enforcement Monthly Report 6/1 /2008 Until 6/30/2008 8067 6/24/2008 $5,000 .00 Renovate storefront for mercantile $35.00 business operation 8064 6/24/2008 $ 19,000,000 .00 Foundation for addition to and alteration $8 ,000 .00 business of the Central Heating and Power Plant 8068 6/26/2008 $739 ,000 .00 Alterations to 3 lecture halls in Textor $1 ,000 .00 business Hall 8069 6/27/2008 $240,000 .00 New 4-bedroom single-family home with $550 .00 new single-family attached 2-car garage homes 8073 6130/2008 $2 ,400 .00 Erect amateur radio antenna and tower $25.00 miscellaneous 8070 6/30/2008 $42 ,500 .00 Tear off and installo new EPDM roof on $ 100.00 business storage building 8071 6/30/2008 $6 , 500 .00 Tear off and install new roof on $45.00 business Ceramics Building 8072 6/30/2008 $2,501 .00 Demolish portion of shed roof at $35.00 miscellaneous Maintenance Building 8074 6/30/2008 $ 105.00 Erect temporary tent structure $25.00 miscellaneous 8075 6/30/2008 $ 1 ,257,000 .00 Create astroturf athletic field and $2 ,000.00 business spectator area Totals $46, 171 ,683.90 $281580 .00 Certificates of Occupancy BP # Address Description CO Temp 7062 919 Danby Rd Replace all single-family windows & 6/5/2008 ❑ install exterior siding 7028 909 Taughannock Blvd 2 freestanding pilings 12 feet from dock 6/10/2008 ❑ 6970 911 Taughannock Blvd Repair dock and boat hoist 6/10/2008 ❑ 6235 151 Bostwick Rd Comfort station, related park structures 6/10/2008 ❑ and site work 6808 200 Conifer Dr 3 story multiple residence (72 units) 6/12/2008 ❑� 6808 200 Conifer Dr 3 story multiple residence (72 units) 6/12/2008 6808 200 Conifer Dr 3 story multiple residence (72 units) 6/12/2008 ` I I 6808 200 Conifer Dr 3 story multiple residence (72 units) 6/12/2008 0 8052 118 Park Ln Repair load bearing wall removed during 6/13/2008 ❑ previous kitchen remodelling Tuesday, July 01 , 2008 Page 2 s Town of Ithaca Code Enforcement Monthly Report 6/1 /2008 Until 6/30/2008 6889 Dryden Rd Roof replacement/tear off existing roof & 6/20/2008 ❑ replace with EPDM roof 8001 10 Evergreen Ln Remodel kitchen 6/23/2008 ❑ 6644 108 Larisa Ln New 4 bedroom , single family home with 6/24/2008 ❑ attached 3-car garage 6992 373 Pine Tree Rd Interior Office Modifications - demolition 6/24/2008 ❑ Phase 1 6862 1526 Slaterville Rd Re-roof house 6/25/2008 ❑ 6867 309 Sunnyview Ln Reroofing 6/25/2008 ❑ 6868 307 Sunnyview Ln Reroofing 6/25/2008 ❑ 6903 301 Sunnyview Ln Cover existing roof shingles 6/25/2008 ❑ 6902 305 Sunnyview Ln Cover existing roof shingles 6/25/2008 ❑ 8038 323 Pine Tree Rd Level 2 alterations to mercantile space 6/27/2008 ❑ 7023 606 Elmira Rd Equipment pad and silo 6/27/2008 ❑ 8061 313 Winthrop Dr 10' x 12' rear deck 6/30/2008 ❑ Complaints Date, Address Complaint Type Disposition 6/16/2008 35 Dove Dr fire Other 6/16/2008 1013 Danby Rd building code Pending I 6/18/2008 1150 Danby Rd building code Pending 6/19/2008 195/197 Calkins Rd correspondence Other 6/11 /2008 1448 Turmansburg Rd water/sewer/septic Other 6/13/2008 380 Bostwick Rd water/sewer/septic Other 6/27/2008 14 Alex Wy property maintenance Other 6/2/2008 201 Christopher Ln building code Pending 6/2/2008 1103 Danby Rd correspondence Other 6/2/2008 105 Kings Way correspondence Other 6/4/2008 correspondence Other 6/3/2008 346 King Rd W water/sewer/septic Other Tuesday, July 01 , 2008 Page 3 Town of Ithaca Code Enforcement Monthly Report 6/1 /2008 Until 6/30/2008 Existing Building CO Date CO Type 6/27/2008 7211 hotel storage bldg 6/27/2008 7210 hotel house bldg 6/27/2008 7209 hotel office bldg 6/27/2008 7208 hotel suites bldg Field Visits Building Code 84 Complaint/Investigation 8 Fire Safety 2 Fire Emergency 1 Total 95 Tuesday, July 01 , 2008 Page 4 0710112008 TOWN OF ITHACA 09 : 14:43 B2111 - B2111 Transaction Report For the period 06/01 /2008 through 06/30/2008 Type Date Comment Name Quantity Fee B2111 LBP 06/04/2008 46.4 - 15 .402 HERITAGE BUILDERS 1 550.00 2 , BP 06/04/2008 41 .- 1 -30.21 . 111 - 12.2 ETC ITHACA COLLEGE 1 29000.00 3 . BP 06/05/2008 56.-3- 13.3 BURRIS, LENORE 1 25 .00 4. 13P 06/05/2008 73 .4 - 1 .4 IC3 1 25 .00 5 . BP 06/06/2008 39.4 - 1 .2 SOUTH HILL BUSINESS 1 200.00 CAMPUS 6. BP 06/06/2008 66.4 - 12 MILLER, JON 1 25 .00 7 . BP 06/09/2008 56.-3- 1 .2 ANTAL, ANDREW 1 35 .00 8 . BP 06/ 10/2008 72.4 -1 . 112 SWART, WAYNE AND 1 45 .00 DONNA 9. BP 06/ 10/2008 39.4 -22 MCKINLEY, DAVID & 1 25 .00 SANDRA 10, BP 06/ 10/2008 39.4 - 17 SALINO, JOSEPH AND 1 35 .00 MARIA 11 . BP 06/11 /2008 25.-2-7 WIEN, HANS 1 100. 00 12. 13P 06/ 12/2008 67.4 - 10.29 - 10.4 CU - ANIMAL 1 850.00 DIAGNOSTICS 13 . 131? 06/ 12/2008 66.-3-3 .7 MERSCHROD, STELLA & 1 25 . 00 KRIS 4. 13P 06/ 13/2008 67.- 1 - 13 .2 CU - FIELD HOCKEY 1 2,000.00 FIELDS 15 . 131? 06/ 13/2008 37.4 - 15 HOLLY CREEK 1 60.00 16. BP 06/ 13/2008 70.40-3 . 19 ROSEN, ROBERT 1 50.00 17 . BP 06/ 13/2008 54.-5-5 BRADFORD, JEREMIAH 1 50.00 18 . BP 06/ 16/2008 21 .-2-3 BURNS, JOSEPH 1 60.00 19. 131? 06/ 16/2008 54.-5-5 THORPE, RALPH 1 35 .00 20, BP 06/ 17/2008 48 .- 1 -7.3 LEVINE, ERIC AND ANNE 1 50.00 21 . 13P 06/ 17/2008 22.-2- 1 .31 FINLO RENEWABLE 1 100.00 ENERGY -ALDEN 22. BP 06/ 17/2008 31 .4 -3 . 12 FINLO RENEWABLE 1 100.00 ENERGY-GILL 23 , BP 06/17/2008 25 .-2-7 CROWN CONSTRUCTION 1 35 .00 24. BP 06/ 18/2008 26.4 -2 MARX, SHARON M. 1 35 .00 25 . BP 06/ 18/2008 63 .- 1 -8.2 CU - CENTRAL HEATING 1 550.00 PLANT 26. 13P 06/ 18/2008 70.4 -33 FENNER, JIM BSR, LLC 1 45 .00 27 , BP 06/18/2008 54.-2- 1 THERM 1 45 .00 28 . BP 06/18/2008 41 .- 1 - 11 ITHACA COLLEGE - MAINT. 1 35 .00 BLDG 29 . BP 06/20/2008 19.-2-29 CU - SAILING CENTER 1 200.00 30. BP 06/24/2008 34.- 1 -2 KELLOGG, ROBERT & 1 25 .00 CATHERINE 1 . BP 06/24/2008 66-3-3 .515 HIMA VATTI - COUDRIET 1 45 .00 CONSTRUN 2 . BP 06/24/2008 29.-8-3 SAKAI, GAIL 1 60.00 33 . 13P 06/26/2008 41- 1 - 10 PARENTE, CHRISTY 1 45 .00 34. BP 06/26/2008 63 .-2-9. 11 MCELWEE BUILDERS 1 100.00 35 . BP 06/26/2008 66.-4- 18 STOKES, WAYNE 1 25 .00 Page: I n Type Date Comment Name Quantity Fee 36. BP 06/27/2008 66.:542 SUMMERS, DOROTHY 1 45 .00 37 . BP 06/27/2008 44.4435 FRANZISKARACKER 1 45. CENTER 37 7,78 38 : 13PE 06/02/2008 7042=1 BLACK DIAMOND-JAMES 1 50900 AINSLEIII 39 . BPE 06/02/2008 7314 - 131 BOCES 1 50.00 40. BPE 06/09/2008 37.4 -9 VRABEL, GERHARD & T 50.00 DIANA 41 . BPE 06/17/2008 36.-2-3.25 WESTVIEW PARTNERS 1 137 . 50 42. BPE 06/25/2008 72.-1 - 1 -1 .52 . PARK, WOO-SERK 1 50.00 43 . BPE 06/30/2008 41-2-10 NAMGYAL MONASTERY 1 425 .00 6 762.50 44. CO 06/20/2008 31-3-6 RODEWAY INN 1 100.00 45 . C0 06/27/2008 : 31-3-6 JAMNA HOSPITALITY 1 300.00 2 400.00 46. FP 06/03/2008 67.-1 -10.29 40.4 CORNELL UNIVERSITY 1 41801 .25 47. FP 06/24/2008 6314 -59 4. 1 CCHP CORNELL 1 2,000900 UNIVERSITY 2 6,801.25 48. FSI 06/02/2008 43 .2-2.2 MANLEY'S MIGHTY MART 1 170.00 1 170.00 49. OP 06/05/2008 73-1 - 1 .4 ITHACA COMMUNITY 1 10 CHILDCARE CTR 50. OP 06/25/2008 71-1 -2. 11 WARREN WOOD 1 1950 APARTMENTS 5 L OP 06/25/2008 26.4-33 CANDLEWYCK 1 11050.00 APARTMENTS 3 2,650.00 52. SP 06/09/2008 40:4-2 SUNSET GRILL 1 56.00 1 56.00 53 . TCO 06/09/2008 39.448 . TORCHIA, MATTHEW 1 50.00 1 50.00 Total Sales 53 189669975 Page: 2 07/01/2008 TOWN OF ITHACA 09 : 11 : 31 B2110 - B2110 Transaction Report For the period 06/01 /2008 through 06/30/2008 Type Date Comment Name Quantity Fee B2110 L ZBM 06/02/2008 25 .-240 HARTSUYKER, KAREN & 1 100.00 MARK 2 . ZBM 06/13/2008 66.-3- 16 FOOTE, JOHN 1 100.00 3 . ZBM 06/ 18/2008 28 .- 1 -26.6 SHULER, COLLEEN 1 100.00 4. ZBM 06/23/2008 32.-2- 13 CANFIELD ASSOCIATES 1 100. 00 5 . ZBM 06/25/2008 19-2-7 PRINCE - CHRISTOPHER & 1 100.00 BRENDA 5 500.00 Total Sales 5 500.00 Page: 1 HIMie� ' e # 5y rt .r" a u e a • Mv n^" . r rs's rxet � ° } r 4 3 a « Governmert T" = Servioes ' Information _ %All ,� )rgadf rC 4 P49,0 14Rr <§:.,. .,_>_ s. A =r r 4. ,�_ �, , i :-� aT n . � .� 's 1 a , to Network/ Record Specialist Report July 8 , 2008 Jebsite • Updates : o Planning Board Vacancy, new Board Members added to TB member page . o Site of the Month : July = Ithaca Babe Ruth ■ Web Site Redesign o Enhancements made to home page which were suggested from web redesign meeting attendees . o Meeting this month with Town `s original web designer, Finger Lakes Webs letwork • Participated in Hewitt Packard 's "Trade Up" program and received $ 500 . 00 towards new equipment. • Purchased 3 new computers : 2 for PEZ support staff, one for new director of Code Enforcement dditional : Town of Ithaca's Justice Court is receiving all new technology from the NYS Unified Court System ; per the Novemb 2006 "Action Plan for Justice Courts" report. The two new computers that were purchased for court clerks last year i be given to Judge Klein and Judge Salk to replace their aging computers. Other equipment that the court clerks are replacing will be turned over to the Network Record Specialist and used as replacement equipment at Town Hall and/or Public Works . Regular Meeting of the Ithaca Town Board , July 7 , 2008 Human Resources Report for June 2008 Personnel and Employee Relations Committees : The Personnel Committee discussed the volunteerism policy that is being discussed in Employee Relations Committee and the results from the Best Companies Employee Satisfaction Survey. Added to the agenda was a discussion regarding COLA increases for future budgeting . (see attached notes ) The Employee Relations committee primarily discussed the volunteerism policy. (see attached notes ) Safety Committee : The committee discussed incentive programs to encourage our seasonal staff to work toward a goal of no injuries during their time . The committee also discussed an on going safety incentive for the full time staff as our experience rating continues to be low and reduced again from 0 . 79 to 0 . 77 . Bolton Point: Every other Monday morning I work from the Bolton Point facility , which has been greatly appreciated by the staff. June 19 they had their quarterly employee appreciation lunch in which they celebrated recent anniversaries and accomplishments over the quarter. A collection of staff have volunteered to serve on a focus group to discuss ways to improve the employee satisfaction . I will be facilitating the meeting that will occur in July. Training and Development : The program for the August 1St training has been established . The outline is attached . Town Board members are invited to attend the session . Personnel — Civil Service : Time was spent working on the union negotiations and attending meetings . Recruitment process for the Director of Code Enforcement is underway. Resumes were accepted through June 20 , 2008 . The Interview Committee met on June 24th to pick the candidates for the first round of interview. Interview will be held July 9th and 10tH Interviews were conducted for the Alternate Zoning Board of Appeals position . 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. Health and/or Dental Insurance : I continue to attend the committee meeting of TCCOG on the Health Benefit Consortium . Submitted By: Judith C . Drake , PHR , Human Resources Manager TOWN OF ITHACA PERSONNEL COMMITTEE Wednesday, June 4, 2008 4 : 30 — 6 : 00 pm Aurora Conference Room DRAFT NOTES Members present : Jeff Cowie , Chair, and Pat Leary Others : Herb Engman & Judy Drake 1 . Committee member comments Judy handed out Trustee Agreement for Deferred Compensation plan for Personnel committee to sign since the Trustee (Town Supervisor) changed. Volunteerism policy being discussed at ERC was discusses. The committee wants to keep moving this policy forward and will continue to work it through at ERC meetings. Judy cautioned the committee in regards to the amount of paid time off the employees already receives. 17% of the wages paid to PWD employees was for paid time off. An update on the union negotiations was given. Each side has submitted a proposal. Several meetings have been scheduled for late June through July. Committee added to agenda: Discuss determining future COLA 's 2 . Discuss Best Companies employee satisfaction survey analysis ■ Mission Statement — Strategic Planning Committee decided it would be a good idea to work on developing a mission statement for the Town. This should tie in with the core items in the comprehensive plan. Discussion .included the need for branding the Town and using a tag line. The Town should have an identity that describes its ' main characteristics. Committee decided to move this topic to the Operations Committee as Personnel wasn 't appropriate. It was recommended that input be received by surveying employees, members of committees and such on the essence of the Town. ■ Service recognition program Committee discussed ideas and concepts regarding some different programs. Judy made members aware that under Town Law we can not gift especially cash, but a Comptroller's Opinion does allow for incentive programs as long as they are based on a performance measurement. Performance base pay systems would require a local law and set parameters to the program. Committee indicated they would accept moving forward with increasing some of the levels for the years of service recognition which is done every 5 years starting at 5 years of service. Jeff spoke about the Employee of the Year program his division does. Safety committee will discuss ideas regarding safety awards. An Innovation or Idea award was also discussed which could be done through a comment box. IP ■ Discuss results with ERC as a focus group Committee agreed to put this on next week 's ERC meeting to have an open discussion with the staff. Judy explained that they had an all staff meeting at Bolton Point after handing out the summary. The meeting brought out some interesting points and a focus group is being created. The focus group will work on a SWOT analysis (Strengths, Weaknesses, Opportunities, Threats.) 3. Updates from the HR Mgr. Picnic . Committee discussed the idea of adding personal development training the morning of the picnic which starts at 11am. The training being proposed is titled "Communicating Effectively with Different Behavioral Styles" and the presenter is being worked out with TC3. The training would be held at Public Works from 8 am to 11 am, with all staff reporting to work at 8 am, and getting paid for a complete day. The committee recommended closing the facilities the morning of the training for the training and then the picnic. Resolution authorizing the closing will be sent to the Town Board. Recruitment for Director of Code Enforcement Judy explained that the recruitment process is underway. She does not expect a great deal of applications for the position as the minimum requirements were high. She has received 2 that may meet the minimum qualifications and has received contact from 2 others that would qualify. The deadline for applying is June 20th. Added : 3A) Discuss how to determine COLA for future budgets . Following the April ERC meeting and the comments that were made regarding how the COLA was determined, Jeff thought this committee should reconsider following the resolution that was passed in 2006. The strict formula method does not allow for looking at the local market, e. g. : city, county and others negotiated percentage and such. The committee agreed that a variety of variables should be considered when establishing a COLA. The ERC had discussed setting a range so that the employees and employer would know sort of where the COLA may be set. ERC had discussed a range of 3-6%. The committee agreed to an expectation of a range between 3-5% based on a variety of variables including the CPI- W formula calculation based on June to June. Of course the collective bargaining employees ' wages would be based on the contract. 4 . Consider Executive Session to discuss the personnel history of a particular employee(s) . ( if needed) Committee went into executive session to discuss the personnel history of a particular employee (s) and to update committee on collective bargaining negotiations. No actions taken. Next meeting : July 2 , 2008 , 4 : 30 — 6 : 00 pm . Draft July 2 , 2008 , EMPLOYEE RELATIONS COMMITTEE Friday, June 13 , 200811 : 30 to 2 : 30 pm Town Hall Aurora Conference Room DRAFT NOTES Members Present: Pat Leary, Peter Stein, Susan Ritter, , Larry Salmi, Don TenKate, & Herb Engman. Absent:Peter Middaugh, Paul Tunison, Dani Holford Others attending: Judy Drake, staff support, Paulette Neilsen, Jonathan Kanter 1 . Member comments and concerns Herb stated that another member will be joining the committee in the future to take Jeff Cowie 's place . Susan added item from Town Hall staff meeting ( PEZ plus ) . Idea of a 4 day work week or flex scheduling , due to high gas prices . Sue also stated staff questioned whether we could be open only 4 days . Topic to be discussed in more detail later at the meeting . Peter was concerned about the decrease in attendance at the meeting . Bolton Point representatives missing and Dani was off. Pat commented on the May's notes . Didn 't like reference to fringe time , as she was speaking about employee 's own time . " Volunteer Time Policy was discussed further. Pat stated she didn. t think it was right to say how an employee can use their own time #rye Ume, so we should not require them to use Personal or Vacation time. " Also Pat thought Peter made statement about why corporate businesses encourage volunteerism . Peter couldn 't recollect, so it was decided to change notes to : . " Judy and Peter expressed their concerns that the Town is not a corporate business that needs to look great to community, we are the community or public entity that looks for volunteers. " Also add that Pat replied "as a public entity that our concerns are not primarily public relations , but doing the right thing for the community" (for the written record . ) 2 . Continued discussion on Volunteerism policies There were changes made from the last meeting 's comments . Susan did raise the topic at the PEZ + meeting that morning to get additional feedback from the Town Hall group . After the last meeting some of the employees discussed the policy and liked the idea of more of a group effort like they had in the past with the Red Cross blood drive . Susan expressed her concerns about the policy regarding using tax payer dollars to pay employees , and employee is pursuing their own interest. After the last meeting there was more interest in the group or team projects . People did like the idea of a joint effort like doing the Salvation Army bell ringing which we have done in the past. Peter liked the group type project , because it would also serve to improve moral with the employees within the organization . Peter questioned if the Town was doing anything with the Ithaca Festival , which he thought would be a good idea . ( No , too late now) Pat still wanted to keep the 8 hours that employees could chose and still have the ability to do things as a group . I want the policy to allow maximum choice . They would still need to get permission in advance . Sue asked about getting permission to serve time 1 Draft July 2 , 2008 at a church and Jon has to approve that . Jon would only be approving that the time away when requested is ok for the department , not where the employee is volunteering . Herb explained that there is a difference between volunteerism and public service . Volunteerism is non paid time , but you can get paid for public service time . Are we really looking at a public service policy? The good thing about a group event is that it can be used as publicity "The Town of Ithaca employees did X for the community, " which is hard to do if everyone is doing their own thing . Election Inspectors are paid , but not much ($ 100 primary/ $ 160 general election . ) Pat suggested Volunteer/Public Service Policy , so that some service could be paid for like election inspectors . Blood donation time should be paid time , not just time approval for time away from work. Pat was concerned about the Volunteer Firefighter policy and that it shouldn 't require the employee to call in before going to emergency, because time is of the essence . Judy didn 't think people just not showing up was good either. Paulette is a volunteer fire fighter and suggested an employee could call in at the end of the event. There are only 2 people now at Town Hall , so it would be easy to say if they don 't come in that they are probably at a call . Paulette wondered if there would only be 8 hours max that an employee could use for emergency calls . Judy explained the 8 hours is tied to the time before the shift starts . Paulette didn 't know we had a policy. There has never been a formal written policy, but rather a past practice . Without a max limit the employees could abuse this policy, by staying after the fire is out and being on the ember watch . The overall idea of the policy is that the employee wouldn 't lose or gain time by going to an emergency. Don explained how the practice has been , and hasn 't been abused by staff. Could language be added regarding " until the fire is under control " but then there are issues with that being too limiting due to "clean up . " Peter recommends monitoring the amount of time taken and number of occurrences . Pat agrees as it is an advantage to the community to encourage volunteer firefighters . Larry hasn 't heard of any abuse over the years . They are risking their life or getting dirty instead of being at work is noteworthy. Judy explained that there is flexibility in the policy that if you want to not come in after the fire because you want to shower and rest, employees can use their own time . The main new practice in the policy is the requirement for documentation that the employee did go to a fire . The policy needs to be open as we can not determine how many emergencies will come up . The other issue discussed was whether a missing person search should be included . The policy reads emergency call . It was viewed that if they are called out as a duty of a volunteer firefighter/ rescue personnel than that time should be included as part of policy. Herb stated that the Town has a really remarkable amount of paid time off. Jon talked about the flex time schedule which is very liberal and can be used to do volunteer time . Is a policy really needed for the group efforts ideas , because people should get paid if they get involved in the group/team effort? Flex time is just moving the hours around and this policy is paid release time i . e . : vacation , personal . 2 Draft July 2 , 2008 Summary: Fire policy is close to being done . Search and rescue should be added in as a covered event . If called as being a volunteer firefighter than time is covered , but if it is a call to the general public than not covered . The overall view from staff was more interest in a group town project versus individual time . Jon was concerned about the Town sponsoring an event like the Salvation Army because of the religion part. Ok to do it on your own time (lunch , flex schedule . ) Pat wanted to leave the 8 hours which is at the discretion of the employee . Don 't want to judge where they are volunteering . i Summary : 4 out of 5 agreed with the Sue 's principle of doing only a group town project. Pat and Peter agreed the volunteerism policy regarding the 8 hours would be grid lock with one for it and one against it. Pat recommended some wording changes for the volunteer policy. Jon recommended wording change for Blood Donation Leave . The policy will move forward to the Personnel Committee . No time left to discuss #3 Best Companies Employee Satisfaction Survey. Next Meeting : Friday, July 11 , 2008 1 : 30 — 2 : 30 pm , ( Bolton Point ) 3 r 'pru s Communicating Effectively with Different Behavioral Styles : Interactions within the workplace have become more challenging than ever. Amidst a constant backdrop of change , people are working with an ever-larger team of co-workers and at a pace that is at times mind -boggling . The fine art of communicating to build productive work relationships is more valuable than ever. However, given the diversity of personalities , interaction has become a balancing act. If one is too passive , they may lose effectiveness and people will run all over them . If one is too aggressive , they may alienate the very people they need to get the job done . This session will explore the many ways that productive relationships can be forged that translate into smoother workflow. Participants will learn how the diversity of behavior styles affect: ■ Interpersonal communication and interaction - including the giving / receiving of feedback • Problem solving and decision making skills ■ Resolving conflict in a productive manner ■ Goal setting and collaboration fly OF I r ?� 1 TOV N OF ITHACA to 21 215 N . Tioga Street, Ithaca, N.Y . 14850 www . town. ithaca.ny .us TOWN CLERK 273- 1721 HIGHWAY (Roads, Parks, Trails, Water &Sewer) 273- 1656 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273- 1704 To : Herb Engman , Supervisor Town of Ithaca Peter Stein , Councilperson Pat Leary , Councilperson Tee Ann Hunter, Councilperson Bill Goodman , Councilperson Eric Levine , Councilperson Rich De Paolo Councilperson From : Marnie Kirchgessner, Recreation and Youth Coordinator June , 2008 Activity Report It' s been a very busy month for youth employment with high and last minute demand and seemingly increasing number of sites requiring and desiring placements and supervision of young employees . I will be completing monitoring reports and requests for funding from the JYC this month . There remains a vacancy with at least one interested party invited to the next meeting . The Big news this month is President Skorton will be part of the Welcoming ceremony for the annual Tutelo Park Homecoming Festival. Attached is a. flyer an hopefully you will be able to attend . I am working with the team in preparation for a Tourism Project Grant for the event with plan to make it self sustaining . Many great things continue to happen for youth and families as a result of your investment in the work of this position . Hopefully time will permit next month and. I can go into more detail .