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HomeMy WebLinkAboutTB Minutes 2008-08-11 Regular Meeting of the Ithaca Town Board Monday, August 11 , 2008 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Tompkins County Legislature — Dooley Kiefer ( Dist . # 10 ) 4 . Report of City of Ithaca Common Council — Robin Holtham Korherr 5 . Report of Fire Commission 6 . 5 : 45 p . m . - Persons to be Heard and Board Comments 7 . 6 : 05 p . m . - Public Hearing regarding a Noise Permit application submitted by Ithaca College for an indoor Convocation Ceremony to take place on Monday, August 25 , 2008 from 10 : 30 a . m . to 12 : 00 Noon at Ithaca College , with outdoor music from 10 : 30 a . m . to 11 : 00 a . m . 8 . Consider approval of a Noise Permit application granting a special waiver approving festivities and outdoor sound from a convocation event at Ithaca College on August 25 , 2008 from 10 : 30 a . m . to 11 : 00 a . m . 9 . 6 : 15 p . m . - Public Hearing regarding A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA 10 . Consider SEQR regarding A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA 11 . Consider approval of A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA 12 . 6 : 20 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 13 . Consider SEQR regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES Final — August 6, 2008 Page 1 of 2 14 . Consider resolution to adopt a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES 15 . 6 : 40 p . m . - Grant announcement from NYS Div . of Community Renewal — HOME Funds and presentation by Paul Mazzarella , Executive Director of Ithaca Neighborhood Housing Services ( 20 min . ) 16 . 7 : 00 p . m . - Alternatives FCU presentation , Brian Zapf ( 15 min . ) 17 . Consider Personnel Committee application to extend the Town of Ithaca ' s Deferred Compensation Agreement 18 . Consider appointment of the Director of Code Enforcement 19 . Consider approval of the Town of Ithaca Film Permit 20 . Consider approval of annual Records Storage Agreement with the Town of Caroline 21 . Discuss Records Storage Agreement with Ithaca Fire Department 22 . Consider acceptance of work completed and release of the letter of credit for improvements relative to Conifer Drive Agreement 23 . Consider appointments to Committees 24 . Consider setting a Public Hearing for King Road East Sewer Extension 25 . Consider amendments to the Policies and Procedures Manual 26 . Consider consent agenda a . Town Board Minutes b . Town of Ithaca Abstract C . Bolton Point Abstract d . Public Works — items for September auction e . Notify NYS Dept . of Parks and Rec of change in leadership at the town and authorization for signature ( grant) f. ' IT Surplus Equipment 27 . Report of Town Committees 28 . Intermunicipal Organizations 29 . Report of Town Officials 30 . Review of Correspondence 31 . Consider Adjournment Final - August 6, 2008 Page 2 of 2 i i I Town of Ithaca Town Board Sign-In Sheet Meeting Date: August 11 , 2008 Please Print your information to ensure accuracy in the meeting minutes Print Name Print Address e-mail I 'lei ;bo vt C,%Ary\pc) c:� )vJUc 4 U f U-) F4 0 k V 2 a A L 1��J✓G�f , l ov C. k^j cJ< le� ky:s wi 8 3el TcL.�j 4\ , C ,Jh S Q c �. v e. LA , qek e�1 z ii1 � la � � � � � .. t aaro � o 3 d16±Mr?n ( � ' 11VA2W 90A 156. �� FINAL Regular Meeting of the Ithaca Town Board ` Pr Monday, August 11 , 2008 at 5 : 30 p . m . 215 North Tioga Street, Ithaca, NY 14850 Y 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; Susan Ritter, Assistant Director of Planning ; Judy Drake , Human Resources Specialist ; Susan Brock , Attorney for the Town . Others Krisy Gashler, Ithaca Journal ; Hon , Dooley Kiefer, Tompkins County Legislator; Peggy Termina , Ithaca College ; Doug & Bruce Brittain ; Nancy Beeler; Neil Hertz; Paul Mazzarella ; Chuck Henderson ; Joe& Judy Burns ; Joel Harlan ; Brian Zapf Call to Order Supervisor Engman called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . µ _ L Agenda Item No . 3 – Report of Tompkins County Legislature – Dooley Kiefer Legislator Kiefer appeared before the board and reported that the County has offered the position of County Administrator to a candidate ( Joseph Mareane—as announced in the 8/12/08 edition of the Ithaca Journao saying that he has a great deal of experience in city and county government and is very experienced in dealing with budgets . With nothing further to report, Legislator Kiefer solicited comments or questions from the board . There were none . Agenda Item No . 4 - Report of City of Ithaca Common Council – Robin Holtham Korherr No one present . Agenda Item No . 5 - Report of Fire Commission (see attachment #1 ) Report provided to the board in their packets . There were no questions or comments regarding the report . Agenda Item No . 17 - Consider Personnel Committee application to extend the Town of Ithaca 's Deferred Compensation Agreement Ms . Drake noted that it is a one-year extension to the current agreement . Page 1 of 33 FINAL Councilwoman Leary moved and Councilman DePaolo seconded the proposed resolution . wit j no discussion Supervisor Engman called for a vote . TB RESOLUTION NO. 2008= 158: Approval to Extend Administration Contract with Nationwide Retirement Solutions WHEREAS, Nationwide Retirement Solutions was awarded the administration contract for the Town of Ithaca Deferred Compensation Plan in August of 2003; and WHEREAS, under the NYS model deferred compensation plan the administration of the plan should be sent out for a request for proposal every 5 years, with the option to extended the contract twice for one year; and WHEREAS, the Personnel Committee has discussed the options and recommends extending the contract with Nationwide Retirement Solutions for one year, Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the Town Supervisor to sign the Extension Agreement with Nationwide Retirement Solutions for Administration of the 457 Deferred Compensation Plan. MOVED: Councilwoman Leary 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 . Carried unanimously. i I i i I I Page 2 of 33 FINAL Extension Agreement Between Town of Ithaca And Nationwide Retirement Solutions For Administration of 457 Deferred Compensation Plan THIS IS AN EXTENSION to the existing Agreement currently in place for the Administration of the Town of Ithaca Deferred Compensation Plan (a municipal corporation having principal at 215 North Tioga Street, Ithaca, NY 14850 457 Deferred Compensation Plan, administered by Nationwide Retirement Solutions (office at 5900 Parkwood Place, Dublin Ohio) . The parties hereto desire to extend the term of the Agreement from August 8 , 2008 through August 8 , 2009 . TERM OF AGREEMENT : Shall be from August 8 , 2008 through August 8 , 2009 , unless terminated by one or both parties TERMS AND CONDITION : All terms and provisions of the original contract will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 2008 . Herbert J . Engman Town Supervisor Date Nationwide Retirement Solutions Inc. Authorized Representative Date Agenda Item No . 18 = Consider appointment of the Director of Code Enforcement Supervisor Engman announced that the Town has offered the position of Director of Code Enforcement to Bruce Bates and he has accepted . Ms . Drake added that the interview committee highly recommends the appointment of Mr. Bates to the position . Page 3 of 33 FINAL i Councilwoman Leary moved and Councilman Levine seconded the proposed resolution . Heari no further discussion , Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 159: APPOINTMENT OF DIRECTOR OF CODE ENFORCEMENT WHEREAS, the Town Board approved the creation and approval to fill the Director of Code Enforcement position in May, 2008; and i WHEREAS, the Interview Committee comprised of Supervisor Engman, Town Councilpersons Peter Stein and Patricia Leary, Jonathan Kanter, Director of Planning and Judy Drake, Human Resources Manager interviewed 5 candidates from the 32 who applied for the position; and WHEREAS, the Interview Committee has determined that Bruce W. Bates, possess the necessary knowledge and skills to satisfactorily perform the duties of the Director of Code Enforcement and make the recommendation for appointment; and WHEREAS, this would be a provisional appointment that requires the appointee to be one of the top three reachable candidates from the next civil service exam for the said position; Now, therefore, be it j RESOLVED, the Town Board of the Town of Ithaca does hereby provisionally appoint Bruce Bates as the Director of Code Enforcement, effective September 2, 2008; and be it further RESOLVED, this is a full time salaried position based on 40 hours a week, at an annual salary of $ 72, 800, in Job Classification "S " with full time benefits from account B8010, 100; and, be it further RESOLVED the said appointment is a provisional appointment pending the results from the next PP P pp P 9 civil service exam for this position. MOVED: Councilwoman Leary SECONDED: Councilman Levine VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, absent, Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Carried unanimously. Agenda Item No . 20 - Consider approval of annual Records Storage Agreement with the Town of Caroline Supervisor Engman explained that the Town currently rents storage space to the Town of Caroline . The Town of Caroline is in the process of building or renovating a facility for the future , but they s need to utilize our records storage space for non-vital records . Councilwoman Hunter moved and. Councilwoman Leary seconded the proposed resolution . Page 4 of 33 FINAL Councilman DePaolo asked how much space is rented and Supervisor Engman thought that it was under 40 cubic feet . Supervisor Engman added that the Town has plenty of excess space at the moment and it is not impinging upon the Town ' s ability to store its records property. With no further discussion Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 160: Authorization for the Town Supervisor to Sign A Rental Agreement with the Town of Caroline WHEREAS the Town Board has approved the rental agreement submitted by the Town of Caroline for rental of inactive storage space . THEREFORE, be it resolved that the Town Board authorizes the Town Supervisor to sign the rental agreement with the Town of Caroline subject to the approval of the Attorney for the Town. MOVED: Councilwoman Hunter 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 . Carried unanimously. Agenda Item No . 21 - Discuss Records Storage Agreement with Ithaca Fire Department Supervisor Engman explained that the issue came up in committee and it was noted that the Town of Caroline is charged for records storage , but the Ithaca Fire Department is not. Since the item was put on the agenda , new information has been provided . Supervisor Engman explained that there is an attachment to the Town ' s agreement with the Ithaca Fire Department that includes aside recognition of contributions . He gave the examples of the City providing garbage disposal and plowing the fire department parking lots at no charge . The Town provides storage space for some of the fire department records . There are additional services that the fire department and the Town do for one another as part of an informal agreement . Mr. Walker added that the City only plows the fire stations that are in the City. The Town plows the fire stations located in the Town . Councilman DePaolo clarified that the Town was not proposing to charge the Ithaca Fire Department for storage records . Agenda Item No . 6 - 5 : 45 p . m . - Persons to be Heard and Board Comments (Attachment # 2 ) Nancy Beeler, who lives on Slaterville Road appeared before the board to present a petition requesting that the speed limit on Route 79 , within the town of Ithaca , be reduced from 45 mph to 35 mph . She went on to say that she received a positive response from her neighbors and most of Page 5 of 33 FINAL them signed her petition . It was noted that residents on Pine Tree Road , Honness Lane , a Slaterville Road complained about excessive speed . There are many walkers and bikers on t roadway . Ms . Beeler noted that there are visibility issues at intersections along Slaterville Road . She added that many residents have watched a country road change to a much different situation . Supervisor Engman explained that Towns do not have authority from the State to set any speed limits . Towns have to take in information from residents and can make a recommendation to the State . He added that petitions are very helpful . Councilman DePaolo explained that he has learned through the Coddington Road discussions with the State and County that people drive to the dimensions and design on the road regardless of the posted speed limit. If the speed limit is changed , it comes down to an issue of enforcement . He sympathized with Ms . Beeler, but was not sure if a speed limit change , in and of itself, would help saying further that it' s not going to change the design criteria of the road . Ms . Beeler saw Councilman DePaolo ' s point , but thought reducing the speed limit would improve matters . She added that the area lacks enforcement of the current speed limit . Councilman Stein thought that the perception of enforcement was important—people become nervous when they see a 30 mph speed limit and think they are going to get a ticket . He agreed that the intersections have limited sight distances . Councilwoman Leary added that there is an estimate of how many mph over the speed limit peo pe drive so it does help to reduce the speed limit . Councilwoman Hunter recommended Ms . Beeler provide the board with as much information as she could from residents of the area . She knows that the State is trying to be more responsive to speed limit reduction requests . Councilwoman Hunter suggested putting up signs that measure speed in that area . Ms . Beeler thanked the board . Supervisor Engman asked if there was anyone else who wished . to address the board . There being none , Supervisor Engman asked the board what they would like to do with the speed limit request . Councilman Stein suggested that the item be referred to the Public Works Committee for a recommendation to the Town Board . Councilwoman Leary thought the board could deal with it then and did not see why it needed to be dealt with at the committee . Councilman DePaolo thought the issue was more complicated than the board may think it is . He explained there are various perimeters that go into designing a speed limit and a road . He supported Councilman Stein ' s recommendation to send the issue to committee because he has not seen the petition and thought the board needed to educate itself. Supervisor Engman thought that Councilwoman Hunter made a good point—the more information that can be gathered with the strongest case made would increase the chance of accomplishing a lower speed limit . Councilman Stein moved that the issue be referred to the Public Works Committee . Councilman DePaolo seconded. Supervisor Engman called for discussion . Page 6 of 33 FINAL Councilwoman Leary wanted to know how much more information the board needed to gather. She did not think that these requests were normally referred to committee . Councilman Stein explained that there have been many requests before the Public Works Committee and knew that there were a lot of issues that were talked about . Councilman DePaolo stated he would like to know how many cars a day use the road and compare it with similar roads in the Town ., Councilwoman Hunter thought that , as the conduit through which people have to go in order to make the State aware of the discomfort they are suffering at the hands of speeders , the board should not determine that they can decide for people or that a request is not valid or should meet certain criteria . The board does not have the authority to reduce speed limits—they are merely passing the request on to the people who do . She did not want to stand in the way of moving the request on to the next level of government . Councilwoman Leary did not see how much extra the Town could add beyond what the State can do . The State has their standards and resources . Councilman DePaolo countered that the surrounding roads need to be looked at because speed limit reductions could be forced into other areas . He felt that there were peripheral affects that he would like to understand . Councilman Goodman was in support of reducing speed limits , but thought it was fine to send it to committee . He wanted to see the petition and understand the request before sending it to the state . Councilman Stein reiterated that the intent of sending the request to committee is not to delay it , but to make the strongest case possible . Councilman Levine agreed that if the Town is going to support the request to the State , then it' s the Town ' s burden to prove the strongest case and he thought the way to do that was to vet it through Public Works . The board discussed the issue being brought back to the Town Board as quickly as possible . Supervisor Engman called for a vote on the motion . TB RESOLUTION NO, 2008= 161 : Referral of Petition for Speed Limit Reduction on Slaterville Road to Public Works Committee RESOLVED, that the Town Board refers the petition for a speed limit reduction on Slaterville Road, submitted at the August 11 , 2008 Town Board meeting, to the Public Works Committee for a recommendation, and it is further RESOLVED, that the recommendation will be brought back before the Town Board as quickly as possible . MOVED: Councilman Stein SECONDED: Councilman DePaolo Page 7 of 33 FINAL VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, ay Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunt aye; Councilman DePaolo, aye . Carried unanimously. Supervisor Engman asked if there were any board comments . There being none Supervisor Engman moved on to the next agenda item . Agenda Item No . 7 - 6 : 05 p . m . - Public Hearing regarding a Noise Permit application submitted by Ithaca College for an indoor Convocation Ceremony to take place on Monday, August 25 , 2008 from 10 : 30 a. m . to 12 : 00 Noon at Ithaca College , with outdoor music from 10 : 30 a . m . to 11 : 00 a . m . Supervisor Engman opened the public hearing and invited the public to address to board . There being none , he closed the public hearing . Agenda Item No . 8 - Consider approval of a Noise Permit application granting a special waiver approving festivities and outdoor sound from a convocation event at Ithaca College on August 25 , 2008 from 10 : 30 a . m . to 11 : 00 a . m . Ms . Peggy Termina , a representative of Ithaca College' s Office of the Provost , came before the board and explained that Convocation is a traditional event at colleges . She said that each year they have outdoor music and it was recently brought to their attention that they needed to file noise permit . She said that music will be played for 30 minutes before convocation begins and t speakers will be pointed towards campus . Their intent is to keep the music contained to campus . Councilman DePaolo asked about the 10 am sound check . Ms . Termina explained that it is brief sound check just to make sure the speakers are hooked up and working . Supervisor Engman thanked Ms . Termina for her comments and solicited a motion from the board to approve the permit application . Councilman Stein moved and Councilman DePaolo seconded . With no further discussion , Supervisor Engman called for a vote . TB RESOLUTION NO, 2008- 162: NOISE PERMIT APPROVAL FOR ITHACA COLLEGE CONVOCATION CEREMONY ON AUGUST 25, 2008 BE IT HEREBY RESOLVED that the members of the Ithaca Town Board hereby approve the granting of a Noise Permit to Ithaca College for its Convocation Ceremony to be held on Monday, August 25, 2008 at Ithaca College, 953 Danby Road between the hours of 10:30 a. m. to Noon, with outdoor music from 10:30 a . m. to 11 :00 a . m. MOVED: Councilman Stein SECONDED: Councilman DePaolo Page 8 of 33 FINAL 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 . 23 = Consider appointments to Committees Supervisor Engman stated that Kate Lunde resigned from the Comprehensive Plan Committee and Bill Sonnenstuhl is willing to serve on the committee . Supervisor Engman moved the proposed resolution , Councilwoman Leary seconded . Councilwoman Hunter asked if Mr. Sonnenstuhl was present or if the Town has his resume . Supervisor Engman explained that Mr. Sonnenstuhl has been involved in northeast activities . Councilman Stein stated he knows Mr. Sonnenstuhl and he respects his judgment . Councilwoman Hunter asked to abstain from the vote since she did not know who Mr. Sonnenstuhl was . With no further discussion , Supervisor Engman called for a vote . TB RESOLUTION NO. 2008= 163: Appointment of Comprehensive Plan Member WHEREAS, the resignation of Comprehensive Plan Committee member Kate Lunde left a vacancy on the Comprehensive Plan Committee and WHEREAS, the Town Board wishes to fill this open seat with a viable candidate who meets all of the criteria and qualifications needed for a Comprehensive Plan Committee member RESOLVED that the Town Board of the Town of Ithaca hereby appoints Bill Sonnenstuhl to the Comprehensive Plan Committee. MOVED: Supervisor Engman SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, abstain; Councilman DePaolo, aye. Motion carried. Supervisor Engman explained the Town has an agreement with the City to support Town resident use of Cass Park primarily because of the skating rink and swimming pool. The contract expired December 31 , 2007 and a new contract has not been negotiated. He proposed that Al Carvill, Peter Stein, and himself be appointed to the Cass Park Negotiating Committee , Supervisor Engman moved the resolution and Councilman DePaolo seconded. With no further discussion, Supervisor Engman called for a vote . Page 9 of 33 FINAL TB RESOLUTION NO. 2008= 164: Appointment of Cass Park Negotiation Team WHEREAS the Town of Ithaca has contracted yearly with the City of Ithaca to support Town residents ' use of Cass Park and WHEREAS the contract expired December 31 , 2007 and negotiations are ongoing for the remainder of 2008 and the future RESOLVED that the Town Board of the Town of Ithaca hereby appoints Al Carvill, Peter Stein and Herb Engman (Chair) to the Cass Park Negotiating Committee. MOVED: Supervisor Engman 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. Carried unanimously. Acienda Item No . 24 = Consider setting a Public Hearing for King Road East Sewer Extension,,, Supervisor Engman explained the project was originally proposed several years ago and they I track of whether or not a public hearing was held regarding extending the sewer. The proposed resolution calls for a public hearing ; the hearing was set for 6 : 00 p . m . on September 8 , 2008 . Councilman Stein moved and Councilwoman Hunter seconded the proposed resolution . Ms . Brock noted she had changes to the resolution . First resolved clause should read , " resolved and ordered by the Town Board as follows" . Same paragraph , 3`d line should read , " public hearing on and considering" . Second page , please take notice paragraph , needs to have the location of the improvement listed . After the description of the improvement add , "from 209 King Road East to 227 King Road East" . Councilman DePaolo questioned the phrase , " maximum estimated cost" . Mr. Walker explained that the language is derived from the State ' s language in McKinney' s Law book . Ms . Brock added that the law requires an order to specify the maximum amount proposed to be expended for the improvement . She suggested the language read , at a maximum proposed cost" . The suggested change was also made on Page 1 , third whereas clause . With no further discussion , Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 165: RESOLUTION AND ORDER CALLING FOR A PUBLIC HEARING TO DISCUSS SEWER DISTRICT IMPROVEMENTS — KING ROAD EAST SEWER. LATERAL EXTENSION WHEREAS, the Town Board of the Town of Ithaca, New York (the "Town '), has had under consideration a plan and estimate of cost for a proposed improvement of the facilities of the Town Page 10 of 33 FINAL wide Sewer District (the "District ') in and for the Town, consisting of approximately 715 Lineal feet of 8 inch sewer lateral and appurtenances from 209 King Road East to 227 King Road East, and WHEREAS, said plan and estimate of cost are on file in the office of the Town Clerk for public inspection; and WHEREAS, the maximum proposed cost of such improvement is $ 100, 856. 00, and WHEREAS, it is now desired to call a public hearing on said proposed improvement pursuant to Town Law § 199; NOW, THEREFORE, BE IT RESOLVED, and ordered by the Town Board as follows: Section 1 . A meeting of the Town Board shall be held at the Town Hall, 215 North Tioga Street, Ithaca , New York, on the 8th day of September, 2008, at 6:00 o 'clock P. M. , Prevailing Time, for the purpose of conducting a public hearing on and considering the proposed improvement of the facilities of the District in the Town, as described in the preambles hereof, at which time and place said Town Board will hear all persons interested in the subject thereof concerning the same. Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid specific object or purpose constitutes a Type ll Action under the SEQR Regulations of the State of New York which will not have a significant impact upon the environment. Section 3. The Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published in the Ithaca Journal, the official newspaper of the Town, and posted in the manner prescribed by law, which notice shall be in substantially the following form, to-wit: NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board will meet at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 8th day of September, 2008, at 6:00 o 'clock P. M. , prevailing time, for the purpose of conducting a public hearing relating to the improvement of the facilities of the Town Wide Sewer District in the Town, consisting of the construction of 715 Lineal feet of 8 inch sewer lateral and appurtenance from 209 King Road East to 227 King Road East, at a maximum proposed cost of $ 100, 856. 00, at which time and place said Town Board will hear all persons interested in the subject thereof concerning the same . This resolution shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Councilman Stein, seconded by Councilwoman Hunter, duly put to a vote on a roll call, which resulted as follows: Supervisor Engman, aye Councilwoman Leary, aye Councilman Stein, aye Page 11 of 33 FINAL Councilman Goodman, aye Councilman Levine, aye Councilwoman Hunter, aye Councilman DePaolo, aye The order was thereupon declared duly adopted. Agenda No . 9 - 6 : 15 p . m . - Public Hearing regarding A LOCAL LAW AMENDING LAKEFRONT RESIDENTIAL ZONING REQUIREMENTS AND ADDING RELATED DEFINITIONS IN CHAPTER 270 OF THE TOWN OF ITHACA At 6 : 20 p . m . Supervisor Engman directed the board ' s attention to the letter from Tompkins County Commissioner of Planning Ed Marx, which was placed on the table before them (Attachment #3 ) . Supervisor Engman explained that the letter recommends that there be a more precise limit than the proposed language in the town ' s local law on extensions parallel to the shore line and that the county is worried that docks will go out a short way and then go out a long way paralleling the shore line . This means that if the board passes the local law , as written ( maintain the current language ) , then the local law needs to be passed by a supermajority—( majority plus 1 ) or 5 affirmative votes or more . The County also commented that increasing the permitted dock lengths from 30 to 50 feet could have adverse scenic and recreational impacts ' this comment would not be subject to a super- majority vote . Supervisor Engman opened the public hearing and invited the public to address the board . Legislator Dooley Kiefer appeared before the board and 'commented on the environmental assessment form . She stated that dock materials are treated to make them long-lasting , which could produce undesirable chemicals . She wondered if the board had ever discussed that issue . Referring to the Town ' s 2006 dock survey of west shore , Ms . Kiefer noted that the majority of docks were 40 feet or less . She felt that increasing dock lengths from 30 feet to 50 feet was more than the board needed to do . She suggested that 30 or 40 feet be allowed by right and docks of greater length could apply for a variance with a maximum allowed by variance . Ms . Kiefer briefly discussed the regulations in Skaneateles , which use temporary dock extensions during the summer season and asked if the Town had considered that possibility . Ms . Kiefer added that the Water Resources Council felt very strongly that nothing should be grandfathered in and that existing docks should have to conform to the law. Supervisor Engman thanked Ms . Kiefer for her comments and solicited comments from the public . Mr. Francis appeared before the board and asked if an updated dock survey had been completed . Ms . Balestra answered that staff has not done an updated survey; the dock survey was completed in 2006 . Mr. Francis contested the comment that the most docks were smaller; he liked the new regulatio of 50 feet or 5 feet of water because it would allow him to moor a boat off it . Ms . Balestra explained that dock lengths vary. She noted that on the west side of the lake , 1 docks were 30 to 39 feet ; 11 were 40 to 49 feet; and 10 were 50 to 59 feet in length . Page 12 of 33 FINAL Mr. Francis commented on the "eyesore" issue , saying that to his knowledge no one who lives or boats in the area find them to be an eyesore , with a couple of exceptions . He said that people are able to kayak, boat , tube , and sail there . He was not sure if a lot of people were objecting . Ms . Balestra responded that the Codes and Ordinances Committee discussed how boathouses , boatlifts , etc. , could potentially impede views from neighboring properties . Mr. Francis confirmed that the discussion was not about dock length . He stated that he supported the proposed changes in the local law. Councilman DePaolo asked if there was anything in the current legislation that prohibited Mr. Francis from having the length of dock that he would like . Mr. Francis stated not under the new regulations—under the existing regulations he wasn 't able to get enough depth . He stated that he has a swing keel so at 5 foot depth it would not be too bad . Councilman Stein stated that the current law still allows for variances to extend docks so that adequate depth could be achieved . Ms . Brock explained that it can be achieved through special permits by the Planning Board , Mr. Francis stated that he delayed doing anything this year because everything was in flux . He still was not sure if the Town had legal justifications for their regulations . Councilman DePaolo wanted to clear up if there was an actual prohibition regardless of special permit or whether any length could be achieved through the special permit process if the applicant lacked the needed depth required . He thought Mr. Francis was saying he did not want to go through the time and expense and not be sure of the outcome . l Mr. Francis stated that he has appeared before the board in the past and his impression is that very few board members actually sailed , boated , or kayaked . He said that town board members did not seem to understand what was required to be able to enjoy the water and it is difficult for him to communicate those needs to the Town Board members. Mr. Kerness brought a point of order to the board . He stated he lives in Ulysses and has a copy of the draft that was sent to him on June 27th and said that Ulysses is very interested in following the course of the Town . He asked if the document he was looking at was the same as the document before the board, for approval . Supervisor Engman did not think so—he thought a newer version had come out of the Codes and Ordinances Committee , Ms . Balestra explained that Mr. Kerness had a copy of the regulation that was circulated to the Planning Board , Zoning Board , and Conservation Board . Mr. Kerness asked if changes could occur to the law from this point on . Supervisor Engman stated that there could be , but then there would need to be another public hearing . Mr. Fredericks expressed concern with the mooring clause . He explained that he has a 60 foot water line length and a 32 foot boat and he would not be able to comply with the mooring regulation . The mooring regulation states , "the mooring shall be placed so that objects moored to them at full swing of their mooring or anchor line will be no closer than 10 feet to projection of the adjacent property line" . He stated that he would not be able to put a mooring in and comply with the regulation—he would be at least 15 feet over the personal property line and way over the suggested regulation . Many properties do not have 60 feet of frontage and if the property has shallow water depth and the owner chooses to moor their boat this regulation prevents them from doing so . Page 13 of 33 FINAL Councilman Stein asked Mr. Fredericks what he was asking for. Mr. Fredericks explained he w saying the regulation was illogical because most properties are between 50 and 60 feet wide a the regulation precludes them from having a mooring . Councilman Stein asked staff to explain why the board should approve the proposed mooring language . Ms . Balestra thought it was more of a question for COC members . COC did not review or recommend changes to that section of the law. Ms . Brock added that when people had not been able to comply with the mooring section of the law, they had applied for and received variances from the Zoning Board . Supervisor Engman did not remember COC ever discussing the location of the moorings . Before the board that evening was an amendment to the existing law. The Planning Board asked the Town Board to consider amending the law because they were getting so many requests . Councilwoman Hunter did not understand why the Town had this particular regulation and it seemed to her that they would want to encourage moorings over large docks . The current regulations might make that a less attractive alternative . Councilman DePaolo asked Mr. Fredericks what he proposed in the alternative . Mr. Fredericks responded that he has been on a number of lakes and properties and all his life the acceptance has been that there be legitimate swing room on the mooring to accommodate the size of the boat. He thought it would be hard to define a specific length that was allowed , but certainly to not have a provision that allows no boat to exceed the property line . Councilman DePaolo understood where Mr. Fredericks was coming from , but did not understan how to codify something to allow the needed swing without infringing on someone ' s right to something other than moor a boat with their water rights . Mr. Fredericks responded that moorin are normally way outside of the length of docks that are being discussed . He added that DEC has regulations over moorings and suggested that the best solution may be to strike the language from the regulations . Councilman Stein gathered that this had not been a problem in the past . He wondered if there had been problems with people getting variances for the moorings . Ms . Brock explained that the current law requires the Planning Board to issue special permits for docks and gives them the guideline that 30 feet is the desired length , but further instructs them that they may increase the length of the dock at their discretion where it is considered necessary . The Planning Board thought that was too vague and they were getting requests for docks that they thought were too long , but they didn 't have firm guidelines . Mr. Fredericks did not have a problem with it except for everyone with a mooring would need to have a variance . Councilman Stein stated it may be part of the process , but if it becomes a burden then the board could review it . He was not sure it needed to be changed now. Supervisor Engman stated that the board would have to come back to the issue for discussion . He asked if anyone else would like to address the board . Mr. Burns stated that the regulations say that no structure should be less than 3 feet wide or more than 8 feet wide . He wondered how that compared to the current docks . Ms . Balestra did no have statistical information regarding dock widths at hand . Mr. Burns did not see the regulation an accurate representation of what is done on the lake and he saw it as a problem . Ms . Balest explained he was addressing a section of the existing regulation that was not amended in the proposed regulations . Page 14 of 33 FINAL Mr. Smith stated he was before the board representing the West Shore Home Owner' s Association . He expressed his appreciation for the board listening to their concerns . Mr. Smith stated that he learned of this public hearing today and only received a copy of the proposal earlier today , saying that he did not have a chance to review the document before the board . He said that he was frustrated at not being aware of the meeting or seeing the final copy of the draft legislation . Mr. Smith asked the board to give the association time to read the draft legislation and make comments . He thought the association would be in support of the proposed changes . Supervisor Engman thanked Mr. Smith and invited other members of the public to address the board . Mr. Henderson appeared before the board and asked how many docks conform to Town regulations . He said that when he attended previous meetings he got the feeling that there was a lot of arbitrary discussion by people that did not live on the lake . He asked again how many properties conformed to Town regulations . He also asked what they had done so poorly in the past that they needed to have new regulations that were not going to allow them to build their properties to they way they have naturally evolved . Supervisor Engman did not think the board had the statistics that Mr. Henderson was asking for. Ms . Balestra stated that 13 out of 62 docks on the west shore conform to the 30 foot dock length requirement. Mr. Henderson did not know or understand the board 's intent . He said that he has a 60 foot dock with 5 and half feet of water at the end of his dock . He also has a 12 foot by 12 foot square at the end of his dock that is nice to have . He said that people who live on the lake have a reason for building the docks the way they are and he wondered what the board saw as the problem . Supervisor Engman explained that the Town had existing regulations and the Planning Board asked that it be looked at again . The board took a hard look at the regulations and at the survey completed by the West Shore Home Owners Association ; 70 % of survey respondents preferred dock lengths between 30 and 40 feet . They receive conflicting information and have to make sense of it . Supervisor Engman explained that the board has held several meetings , with new information coming out of each meeting . Mr. Henderson asked who the regulations were supposed to help . Supervisor Engman clarified that the board is trying to blend the interest of all the people who use the lake . He explained that the lake is a public resource and the board is trying to weigh all the different desires , which very often are conflicting . Councilwoman Leary stated that the problem was that the Town was receiving a lot of variance requests , explaining that the board is attempting to bring the law more in line with reality . Mr. Henderson reiterated that his concern that there were a lot of aspects of the law thrown in that seemed arbitrary. He added that if one does not live there and" understand the challenges , it is easy to make rules that conflict with the way things are done . Unknown male encouraged the board to vote for the proposed amendments . He thought the proposed language would do well and reminded the board that there were two factors at play-- docks cost a lot of money to build and that docks that are too long can be destroyed when flooded . He added that greater weight should be given to people who live on the lake and encounter the Page 15 of 33 FINAL economic burden of it . He participated in the West Shore Dock Owners Association and queri the person conducting the survey asking if they had stratified the responses by where the pers lived . He said tat if one lives at the southern end of the lake it is a different circumstance in terms of length to get out to aL reasonable depth than someone living further north . He added that lakes are very different so it' s hard to base decisions on those comparisons . Supervisor Engman asked if anyone else wished to address the board . There being none , he closed the public hearing . He noted that there were several issues before the board and they could decide to pass the law as it is or they could take it back to committee . Supervisor Engman outlined the issues—moorings , dock widths , lack of meeting notice and availability of the most recent version of the law , percent of properties that currently conform to the law. Councilman Stein added that the board also needed to consider the points outlined in the County' s letter and Ms . Kiefer' s concern about chemicals in the lake from pretreated dock materials . He asked if existing docks were being grandfathered in . Supervisor Engman confirmed that existing docks were being grandfathered . He noted that page 3 , number 2 of the proposed local law addresses water quality of the lake . Councilwoman Leary was surprised that the West Shore Home Owners Association had not received notification of the proposed law. She stated the major changes made were in- line with their earlier comments and she hated to see the law be referred back to the committee . She said that they have been working on it for a long time and it is much better than the current law. Councilman DePaolo had a . problem with the way that one aspect of the law was bei characterized as allowing an extension of a dock from 30 to 50 feet when the proposed law doesn 't include the boathouse in the measurement of the dock . He noted that someone could have a 15 foot by 20 foot boathouse at the end of a 50 foot dock and be within the perimeters of the proposed regulation . Ms . Balestra did not think that was the intent . Councilman DePaolo thought that a boat hoist could be turned into a boathouse by putting a roof on it . Councilman Goodman believed a boathouse would generally be defined as something with sides or walls , and the Town is not allowing walls . Ms . Ritter added that generally the boat hoist was next to the dock, not at the end to dock . That way one could go from the dock to the boat . Councilman DePaolo countered that a person could have a " U " shaped dock with a boat hoist or to accommodate a boat hoist : He wondered if a dock wrapped around the boat hoist would be included in the 50 feet length . Supervisor Engman reminded the board that they can spend a lot of time discussing the issues , but they still have a full agenda before them . Councilwoman Leary stated that a boat hoist is not part of the dock ; its somewhere off the dock . The boat and the boat hoist are separate from the dock . Councilman DePaolo was trying to figure out if the boat hoist could be added to the length of the dock . Councilwoman Leary explained that the hoist is over the boat so it is not part of the dock. Councilman Goodman thought it sounded as if the board needed more information . However wasn 't sure sending the law back to committee would help unless the members not on the Page 16 of 33 FINAL committee who have questions come to the committee meeting . Councilman Goodman wondered if they could table the item until the next meeting . Councilman Stein stated that if the board did not want to pass the law then it should be referred to committee . He was upset that the Home Owners Association did not receive a copy of the proposed local law and he thought that in all such situations when the board is dealing with residents or Home Owner Associations there should be a standard operating procedure whereby when the board proposes a new document it is distributed before the meeting . Councilman Stein stated that it very well may be that as long as the law allows variances to be applied for, there is not a limit on dock length . Councilwoman Hunter was concerned about the mooring language and thought that it should be revisited . She also did not understand the Town ' s jurisdiction with regard to moorings . Councilman Levine added that a lot of work went into the regulations and issues have come up . The board could discuss it for a few months and then more issues could come up . He thought everyone agreed that the proposed regulation was better than the existing one and suggested that the proposed law become the existing law while the other issues are looked at. Councilwoman Hunter asked if anyone was being precluded from doing what they wanted to do because the law was not in place . Councilman Goodman moved to send the proposed law to the Codes and Ordinances Committee for further discussion . Councilman Stein seconded . Councilwoman Leary agreed with Councilman Levine ' s comments . She reiterated that the moorings were in both the current and old law and has not previously been a concern . She thought the basic issues that made the board pursue the revisions in the first place have been addressed and that the proposed law is a big improvement over the current law. Supervisor Engman reminded the board that there was a motion on the floor and asked if anyone else wanted to speak to the motion . Councilman Stein stated that there are issues that need to be addressed and did not think anything would be gained by passing the law then addressing the issues . Mr. Walker added that dock length and roofs over boat lifts have caused a lot more work for the Zoning Board rather than administrative work for a building permit . He urged the board to pass the law and then continue to study the other issues . Supervisor Engman recapped the motion on the floor and called for a vote . TB RESOLUTION NO. 2008466: Refer Lakefront Residential Zonin_g Law to the Codes and Ordinances Committee RESOLVED, that the Town Board refers the Lakefront Residential Zoning law to the Codes and Ordinances Committee for further discussion . MOVED: Councilman Goodman Page 17 of 33 FINAL SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilwoman Leary, nay; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, nay; Councilwoman Hunter, aye; Councilman DePaolo, aye . Motion Carried. Agenda Item No . 15 = 6 : 40 p . m . = Grant announcement from NYS Div. of Community Renewal — HOME Funds and presentation by Paul Mazzarella , Executive Director of Ithaca Neighborhood Housing Services (Attachment #4) At 7 : 25 p . m . Mr. Mazzarella appeared before the board to educate them regarding a housing rehabilitation program for Town residents . He provided a handout explaining the program ( see attachment #) . He said that the program will provide assistance to approximately 15 to 20 homeowners over the next several years . Mr. Mazzarella then described the Energy Smart Loan Program available to residents ( also described on above attachment) . Ithaca Neighborhood Housing Services would provide the loans to homeowners at a 6 % interested rate and NYSERDA would pay 4% of the interest; the homeowner would only pay 2 % interest . He also gave a brief overview of the Assisted Home Performance with Energy Star Program described on the above attachment . Councilman DePaolo asked if the funds were retroactively available for people who had taken t expense on themselves . Mr. Mazzarella said that it was not ; it is only available for new projects . Councilwoman Hunter asked if INHS would be buying houses in the Town and fixing them up to sell to income eligible families . Mr. Mazzarella expressed interested in doing so , but he did not think there were that many houses available in the Town of Ithaca . He went on to say that there aren 't that many available in the City either; so they are looking at phasing the program out . Supervisor Engman thought that the grant was a tremendous opportunity and was thrilled that it was being made available in the Town of Ithaca . Councilman Goodman asked if there was a maximum loan amount under the Energy Smart Home program . Mr. Mazzarella stated that there wasn 't a cap , but they do have a limit on the resources that they have . Currently INHS has approximately $6 . 7 million out in loans to the community. Supervisor Engman asked if home wind energy systems were included under the Energy Smart Home program . Mr. Mazzarella said that they were . He said that solar and geothermal systems are also included . Councilman Levine asked if income eligibility was based on prior tax year, current paystubs or both . Mr. Mazzarella explained that it is a person ' s current income projected out over the next year. Councilman Stein wondered if the loans were subprime . Mr. Mazzarella responded that to definition they are subprime loans in that a lot of the people that they are lending money to are people who could not otherwise qualify for a prime loan . However, they are very careful about how Page 18 of 33 FINAL they do that and the INHS loan portfolio has a delinquency rate of 2 % , which is really excellent . They also have a zero default rate . Mr. Mazzarella further stated that there are responsible and irresponsible subprime lenders . Current problems are based upon irresponsible lenders giving loans to people who didn 't have the ability to pay them back . Supervisor Engman thanked Mr. Mazzarella for his presentation . Set Public Hearing regarding proposed Lakefront Residential Zoning local law Councilwoman Leary asked that the board consider setting a public hearing on the Lakefront Residential Zoning local law for the September board meeting . Supervisor Engman asked Ms . Ritter if staff had the time to gather new information before the next meeting . Ms . Ritter was not sure . She stated that the issue of moorings is a brand new issue and did not think that staff would be able to come up with the information before the next COC meeting . Councilwoman Leary was not sure what additional research needed to be done beyond that evening ' s discussion . She stated that the problem with sending the law back to committee was that next month one person could appear before the board and come up with another question . She wanted to resolve it by next month ; say that if the board does not set a public hearing and have the discipline to get it resolved , the law will never get passed . Councilman Stein agreed with Councilwoman Leary . Supervisor Engman did not want to go back to the issue and suggested someone make a motion , but he wasn 't going to allow the board to rehash an item they had already discussed . Councilman Stein moved to set a public hearing for a new law regarding docks for September 8 , 2008 at 6 : 15 p . m . Councilwoman Leary seconded . Councilman Goodman added that if changes are not made to the current version of the proposed law then the board would not need to have another public hearing . Councilman Stein stated the intent of his motion was to have something that meets the objections by the next board meeting . Ms . Ritter noted that the discussion will be the first item on the COC meeting agenda . Councilman Levine stated that COC meets next Wednesday and wondered if it was realistic that they could address the issues . Councilwoman Leary hoped that the same law was not brought back before the board in September. She was not sure after hearing comments from other board members what they were looking to change in the proposed law. Councilman Stein suggested that the board discuss it at the next COC meeting . Supervisor Engman agreed and Councilman Goodman called the motion . Supervisor Engman called for a vote on the motion . TB _RESOLUTION NO. 2008- 167: Set Public Hearin_o regarding a local law amendin_g Lakefront residential zoning requirements and adding related definitions in Chapter 270 of the Town of Ithaca RESOLVED, that the Town ' Board sets a public hearing for a new law regarding docks on September 8, 2008 at 6: 15 p. m. MOVED: Councilman Stein Page 19 of 33 F1NAL 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 . Carried unanimously. Agenda Item No . 16 - 7 : 00 p . m . - Alternatives FCU presentation , Brian Zapf (Attachment #5) At 7 : 45 p . m . Mr. Zapf appeared before the board and gave a presentation regarding the Alternatives Federal Credit Union ' s Community Tax Program ( see attachment #) . He then solicited questions from the board . Councilman Stein asked if the volunteers were all accountants or if they were ordinary people . Mr. Zapf responded that the volunteers are just regular people who can add and subtract and enjoy interacting with other taxpayers . Councilwoman Hunter asked how much it costs to run the program . Mr. Zapf responded it costs about $ 65 , 000 to run the program . Councilwoman Leary commented that it was a great program , adding that it' s getting harder for an average person to do his/her own taxes . Mr. Zapf added that many of their clients are unable to do their own taxes on line because they don 't have access to the Internet . Mr. Zapf stated that one purpose of his giving presentations was to give publicity to the program . He said that next year, when he makes his presentation , he would like the Town be included in one of the last two slides ( of sponsors or community partners ) . He explained that the Town coul become a community partner simply by endorsing the program publicly , and soliciting voluntee and clients . Councilwoman Hunter stated that the Town is a distribution center for tax forms and suggested that information could be provided along with the forms . Councilman Stein wondered how the program was advertised and presented . Mr. Zapf explained that in December they will start promoting the Earned Income Tax Credit ( EITC ) because many clients do not owe any taxes . People may not need to file a return because they do not have a tax liability, but if they do they could receive a refund through EITC . Alternatives makes presentations to board , public service announcements, radio spots , and use word of mouth to notify people of the free service . Supervisor Engman thanked Mr. Zapf for his presentation and stated that any time he would like to leave materials with the Town he should contact Ms . Billings , the Town Clerk . Councilman Stein asked that discussion of endorsing this program be put on the September agenda . Supervisor Engman suggested the item be forwarded to the Operations Committee to bring back to the Town Board in September. Agenda Item No . 12 - 6 : 20 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 At 8 : 00 p . m . Supervisor Engman opened the public hearing and solicited comments from t public . Page 20 of 33 FINAL Mr. Harlan appeared before the board and stated that the Town should pave the way for giving residents permission to put up wind facilities . He thought that if the Town passed a law permitting them , then maybe the rest of the County would follow suit . He did not want to see the law shut down . Supervisor Engman thanked Mr. Harlan for his comments . Doug and Bruce Brittain appeared before the board and Mr. B . Brittain stated that the current version appears to be significantly better than previous versions . He thought that the law was not too restrictive , but at the same time safeguarded against acoustical difficulties . The Brittains are happy with the 50 dB limit in the proposed law and Mr. B . Brittain expressed appreciation for the effort the board put into the law. Mr. D . Brittain also thanked the board for its effort. Mr. B . Brittain pointed out a typo on Page 4 , number 5 , first sentence refers to figure 2 on page 14 and the heading of the second column is , "single wind generator sound limit" . He wondered if it should be , "small wind energy generator sound limit" . Number 5 was written to address a single facility or a combination of facilities , but the table implies that the sound would be on an individual basis . Councilman Stein agreed and thought the change could be made without another public hearing . Ms . Brock confirmed that the change could be made without another public hearing . Supervisor Engman thanked the Brittains for their comments . With no one else interested in speaking to the item , Supervisor Engman closed the public hearing . _Agenda Item No . 13 . m Consider SEAR regarding adoption of a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , ENTITLED ZONING , REGARDING SMALL WIND ENERGY FACILITIES (Attachment #6 ) Councilman Goodman moved and Councilman Stein seconded the SEAR resolution . With no discussion , Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 168: SEAR, Proposed Local Law Amendin_g Chapter 270 of the Town of Ithaca Code, Entitled Zoning, Regarding Small Wind Energy 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 Page 21 of 33 FINAL WHEREAS, the Town Board, at a public hearing held on August 11 , 2008, has review 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 Stein 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 . 14 - Consider resolution to adopt a LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE ENTITLED ZONING REGARDING SMALL WIND ENERG FACILITIES(Attachment #7 ) Councilman Goodman moved and Councilman Stein seconded the proposed local law . Councilman DePaolo thanked the committee for reviewing the law again . Councilman Goodman clarified the suggested language change to figure 2 on page 14 . The new language read , " small wind energy facility or facilities sound limit" . With no further discussion , Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 169: Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING SMALL WIND ENERGY FACILITIES " WHEREAS, residents in the Town of Ithaca have expressed interest in constructing small wind energy facilities on their properties for on -site use, and WHEREAS, the Town Board finds that wind energy is an abundant, clean and renewable source of energy that reduces dependence on non-renewable energy sources such as oil, gas and coal that release pollutants into the atmosphere and contribute to global warming, and WHEREAS, the Town Board desires to foster the small-scale development of the Town 's wind power resources while providing standards for the safe provision of small wind energy facilities; and WHEREAS, after consultation with the Town 's Conservation Board, wind energy vendo and installers, homeowners with wind energy facilities, and local bird and environmental experts, the Town 's Codes and Ordinances Committee developed a proposed local law amending the Page 22 of 33 FINAL Town 's Zoning regulations to 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, the Town Board reviewed and discussed the proposed local law at its meeting on April 7, 2008, and referred the proposed law to the Town 's Conservation Board and Planning Board for recommendations, and WHEREAS, the Town of Ithaca Conservation Board reviewed, discussed and recommended adoption of the proposed local law at its meeting on May 1 , 2008, and WHEREAS, the Town of Ithaca Planning Board held a public hearing on this matter and reviewed, discussed and recommended adoption of the proposed local law at its meeting on May 6, 2008, and WHEREAS, at its meeting on May 12, 2008, the Town Board considered Conservation Board and Planning Board comments on the law and directed certain changes be made in the law 's provisions regarding facility appearance and removal, which changes are reflected in the attached proposed local law, and WHEREAS, at its meeting on June 9, 2008, the Town Board considered comments received during a public hearing on the proposed law and directed the Codes and Ordinances Committee to consider changes regarding the law's provisions regarding facility noise, moving parts, and fuel storage and pumping facilities in the fall zone, and WHEREAS, at its meeting on June 18, 2008, the Codes and Ordinances Committee made changes to the law addressing those issues, which changes were included in the proposed local law sent back to the Town Board, and WHEREAS, at its meeting on July 7, 2008, the Town Board further considered the proposed law and directed the Codes and Ordinances Committee to consider further changes regarding facility noise, and WHEREAS, at its meeting on July 16, 2008, the Codes and Ordinances Committee made changes to the law regarding facility noise, which changes are included in the attached 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 August 11 , 2008 at 6:20 p. m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, . REGARDING SMALL WIND ENERGY FACILITIES'; 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 Page 23 of 33 FINAL 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 Unlist 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 August 11 , 2008 made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and 11 prepared by the Town 's Planning staff; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING SMALL WIND ENERGY FACILITIES ", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Councilman Goodman SECONDED: Councilman Stein Roll Call Vote : Supervisor Engman, aye Councilman DePaolo, aye Councilman Goodman, aye Councilwoman Hunter, aye Councilwoman Leary, aye Councilman Levine , aye Councilman Stein, aye. Carried unanimously. Arc enda Item No . 19 - Consider approval of the Town of Ithaca Film Permit Supervisor Engman introduced the item and stated that in the past the Town has received requests from Ithaca College students asking for a permit to be able to film on public property. Councilman Stein moved and Councilman DePaolo seconded the proposed resolution . Supervisor Engman asked for discussion . Councilman Stein wondered what prompted the need for a film permit and who wrote it . Ms . Billings explained that there is an Ithaca College professor that likes to have students go through the motions of requesting permission to film on public property. She explained that the City has a film permit process , but the Town does not; so when the student came to the Town and requested that he be allowed to film on Town property, he actually wanted to have a film permit application and have the Town sign off on it . As this is a long-term issue , this led to additional discussions and it was taken before the - Operations Committee . The Committee went through a couple iterations of the permit and came up with th film permit , which copies the City of Ithaca ' s and takes in some of the best aspects of oth communities . This permit process would allow Ithaca College students and anyone else w wants to film on Town property a process to go through . Page 24 of 33 F1NAL Councilman Stein wondered if the students do not go through the permitting process then they are not allowed to film on public property? Ms . Billings thought that it was a requirement of Ithaca College . She further explained that students often want to film in Town parks after hours and they wanted to be able to go through a process where they could notify neighbors . Previously when students had called , the Clerk' s Office suggested that students tell the neighbors what they were doing , but the students wanted to have a legitimate approval process . Ms . Billings thought it made sense from the Town ' s aspect because it makes the Town and residents aware of what is occurring in the parks . Councilwoman Leary did not understand how the permit came up administratively . It was the first time it had come before the board . Supervisor Engman explained that the permit was discussed and created through the Operations Committee . The Committee work is complete and now the committee is asking the Town Board to adopt the permit application form . Ms . Billings added that the film application would put in place a process for anyone wanting to film on Town property, including Ithaca College students . Mr. Walker asked if local lighting laws would need to be met during filming . Ms . Billings responded that the applicant would have to comply with all laws and show proof of notification of neighbors . Councilman DePaolo added that the permit also requires that the lighting to be used as described in the permit . Councilwoman Leary asked if a family would be required to obtain a film permit in order to video tape in a Town Park . Supervisor Engman responded that it would be needed for film projects . Councilman Stein commented that the board is not passing a law requiring that a permit be obtained before filming , but it does provide a means for neighbors to be notified of film projects . He thought that it would help Ithaca College , who wanted to have a process to go through where various items are checked . He also thought that it was a good idea and did not see what harm there was in it . Councilwoman Leary asked that the first sentence be changed to clarify that a permit was required for production filming . The board discussed the suggestion and agreed upon the following language , "The Town of Ithaca requires a permit when productions filming on public property" . Councilman Goodman wondered if the board could create a permit requirement that was not part of Town law . ( Tape flipped—did not hear if question was answered . ) Councilman Stein did not see any realistic harm in passing the proposed film . permit . Ms . Billings further explained that the students brought paperwork to the Town Clerk' s Office and wanted the Town to sign off allowing them to film on Town property; the Town does not have a mechanism in place to sign an agreement with the students and the proposed permit creates an agreement mechanism . Councilman Goodman asked what the Town Board ' s role was in the permit process because it appeared to be an administrative function for the Town Clerk . Councilwoman Leary asked if the City had penalties for not obtaining a film permit . Ms . Billings replied no . She thought that what comes into play is when noise is being made , light is being created , and neighbors are being disrupted and people are not aware of it . Councilwoman Leary thought that should be the controlling laws then—not coming up with something that has no Page 25 of 33 FINAL penalties if it is not abided by. She did not think it encouraged people to respect the Town ' s la and permitting process if there was nothing behind it . Ms . Brock added that the same subject came up at TCAT a few years ago because Ithaca College students were requesting permission to film on TCAT buses . TCAT came up with a very simple contract to use between the individual student and TCAT with Ithaca College liability insurance attached to it . She suggested if the board is uncomfortable with a permit , they could adopt a model contract to be used . Supervisor Engman stated that there was a motion the floor and he called for a vote . Councilman Goodman made a substitute motion to send the permit back to committee . Councilwoman Hunter seconded . oSupervisor Engman stated that the committee had done their work and submitted its best work to the Town Board . The board needs to decide whether or not to accept the work of the committee or not. Councilman Stein called the question . Ms . Brock brought up that there was a substitute motion and Supervisor Engman stated he did not hear a second on the substitute motion and called for the board to vote on the proposed resolution . Councilman Stein clarified that he had called the question , which meant the board was voting on whether or not to close debate and vote . Then if the board does that, it immediately votes on the motion . Councilman Goodman reminded the board that he made a substitute motion to refer it back to committee . Councilman Levine seconded Councilman Goodman ' s motion . Councilman Stein responded that it wasn 't seconded or Supervisor Engman did not call for a second . Superviso Engman stated that the board already has a motion on the floor, which takes precedent and t board needed to decide whether to vote on the resolution first . Then it opens the floor to oth changes . Councilman Stein interjected for it to be voted down if members wanted to do something else . Supervisor Engman called for a vote on "calling the question" . Councilman Goodman , Councilman Levine , Councilwoman Leary, and Councilman DePaolo — nay . Supervisor Engman , Councilman Stein , and Councilwoman Hunter — aye . Councilman Goodman moved that the matter be sent to Operations Committee , Councilwoman Hunter seconded . Supervisor Engman called for discussion . Councilman DePaolo commented that this is the "You Tube" era and what constitutes a production for some people might not constitute a production for others . He knows what they are trying to do , but is unsure if the permit accomplishes it. Councilwoman Hunter requested that Ms . Brock provide the committee with a simple contract. She thought it may be simpler than a permitting process . Councilman Stein called the question . Councilwoman Leary stated that Councilman Levine had not had a chance to comment and Councilman Stein responded , that Supervisor Engman called upon him and he could call the question . Supervisor Engman asked if there was a second . Councilman Stein withdrew calling the question . Councilman Levine agreed with the intent of the permit process, but the term permit infers that cannot be done without the permit . He thought that the ambiguity in productions was a re problem and would like there to be definition as to what does and does not require a permit . Page 26 of 33 FINAL Councilman Stein moved the question . Councilman DePaolo seconded . Supervisor Engman recapped that the board was voting on whether or not to end discussion . Carried unanimously. Supervisor Engman stated that the board needed to vote on sending the Town of Ithaca film permit resolution back to the Operations Committee and he called for a vote . TB RESOLUTION NO. 2008470: Referral of Film Permit to Operations Committee RESOLVED, that the Town Board refers the Film Permit to the Operations Committee for further discussion . MOVED: Councilman Goodman SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, nay; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Carried. Agenda Item No . 22 - Consider acceptance of work completed and release of the letter of credit for improvements relative to Conifer Drive Agreement Councilwoman Hunter moved and Councilman Goodman seconded the proposed resolution . Ms . Brock stated that the resolution refers to the Attorney for the Town accepting the Town improvements . She wanted the board to know that she had not seen anything on it and knew that Guy Krogh worked on the legal documents for the project . Mr. Walker responded that Mr. Krogh reviewed all the deeds and easements related to the project , which was the Town Attorney' s responsibility as part of the original agreement . Mr. Noteboom and Mr. Walker have approved the physical work on the site . The work has been completed and they would like to release the letter of credit. Mr. Walker felt that all the requirements had been met to protect the Town . Ms . Billings suggested that the Attorney for the Town language be taken out of the resolution . Mr. Walker proposed the language be change to , "Whereas the Town of Ithaca Engineer, the Town of Ithaca Highway Superintendent have approved the work and an Attorney for the Town has approved the deeds and easements , and all requirements for releasing the letter of credit have been met" . Ms . Brock asked what the language was in the 2006 resolution . Mr. Walker stated that the language was in the agreement , not the resolution . Supervisor Engman suggested that the board move onto another item while staff worked on the resolution . Agenda Item No . 26 — Consent Agenda Councilwoman Leary requested that letter g-disposition list be removed . Supervisor Engman pulled the minutes from the consent agenda . Councilwoman Hunter moved and Councilman Goodman seconded the consent agenda . Supervisor Engman called for a vote . Page 27 of 33 FINAL TB RESOLUTION NO. 2008471 : 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: a . Town of Ithaca Abstract b . Bolton Point Abstract c. Public Works - items for September auction d. Notify NYS Dept. of Parks and Rec of change in leadership at the town and authorization for signature (grant) e. IT Surplus Equipment MOVED: Councilwoman Hunter 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. Carried. Town Board Minutes Supervisor Engman noted on page 5 of the minutes , last paragraph , the second sentence sho read , " He explained that Ric Dietrich and himself, as the committee appointed to research d control . . . " . Supervisor Engman moved to accept the minutes of July 7 , 2008 , with the proposed change . Councilman Stein seconded . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 172: APPROVE TOWN BOARD MINUTES OF JULY 7, 200 WHEREAS, the Town Clerk has presented the minutes for the Regular Town Board meeting held on July 7, 2008 to the Town Board for its review and approval of filing; WHEREAS, Supervisor Engman submitted a correction to the minutes; NOW THEREFORE BE IT RESOLVED, the Town Board does hereby approve for filing the minutes for the meeting held July 7, 2008 with the following correction made at the August I l y 2008 Town Board Meeting. Page 5, last paragraph, second sentence should read, "He explained that Ric Dietrich and himself, as the committee appointed to research dog control. . . " MOVED: Supervisor Engman SECONDED: Councilman Stein Page 28 of 33 FINAL VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye; Councilman DePaolo, aye . Carried unanimously. Councilman Goodman moved to adopt the minutes of the July special Town Board meeting . Councilman Stein seconded . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 173: APPROVE TOWN BOARD MINUTES OF JULY 3092008 WHEREAS, the Town Clerk has presented the minutes for the Special Town Board Meeting held on July 30, 2008 to the Town Board for its review and approval of filing; NOW THEREFORE BE / T RESOLVED, the Town Board does hereby approve for filing the minutes for the meeting held July 30, 2008 as presented at the August 11 , 2008 Town Board Meeting. 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 DePao/o, aye . Carried unanimously. Disposition List Councilwoman Leary asked what happens to records when they are disposed of and if all the records listed were copies . Ms . Billings explained that the records are thrown out and that she reviewed the list with her staff. She clarified that the committees listed refer to their minutes and they are 6 year disposition . The newsletters and flyers listed are also 6 year disposition . Councilwoman Leary asked if the Town kept original copies of the minutes . Ms . Billings explained that for those committees the minutes are retained for 6 years . She stated that anything that is going to get voted on will ultimately reach the Town Board and the minutes created from Town Board meetings represent the empirical minutes , the most important . Councilwoman Hunter questioned the disposition list as well . She did not recommend getting rid of the minutes and noted there were not space constraints. She also did not think they represented a liability to the Town and commented that the documents could provide a historical perspective . Councilwoman Leary thought that copies of minutes should be kept even if the Town is not required to keep them . Councilman Stein thought that the minutes would be available electronically. Ms . Billings stated that the Town ' s current system is paper and that there is not an e-policy at this time . Page 29 of 33 FINAL Councilwoman Leary added that some of the documents listed were of relevant historic importance . She wanted to keep the records unless space became a problem . Councilman DePaolo followed up Councilman Stein ' s comment by asking if the electronic version of minutes were kept . Ms . Billings responded that the Town Board minutes are available electronically. She went on to say that the required information is maintained but that Committees change with the leadership of the Town ; a lot of the correspondence and surveys do not meet MU- 1 guidelines for storage . She explained that part of records management is disposition because you cannot keep hanging onto documents forever. Councilman Stein thought that digital records could be held on to forever because it takes no space . Ms . Billings responded that the Town could , but it is another policy that needs to be established . Councilwoman Leary stated that not all the records have electronic versions available . Ms . Billings stated that if it' s the will of the board to retain the records she will retain them , but there is nothing pertaining to fiscal , legal , or administrative policies or actions proposed for disposition . Supervisor Engman commented that there is difference between what the Town legally has to keep and what is historically important for the history of the Town . He suggested that board members review the list and provide their comments to Ms . Billings , Councilman DePaolo asked if Ms . Billings saw a time in the relative future when it may become problematic to retain the records . Ms . Billings replied if the Town keeps retaining vanou documents , outside of the MU- 1 schedule , it could become problematic over time . Supervisor Engman asked the board again to give their comments to Ms . Billings regarding the disposition list . Councilwoman Hunter thought that it should be a full board decision . Supervisor Engman stated that the list needed to be generated and it could not be generated without feedback from the board . He asked that the list be sent to the board electronically and members could indicate the items they think should be kept . Ms . Billings could then generate a new list for the next board meeting . Agenda Item No . 22 — Continued Mr. Walker explained the agreement states the Town Board needs to make a determination as to whether or not such road has been completed in accordance with the drawings . They should consider, but not be bound by, the recommendation of the Town Highway Superintendent . Mr. Noteboom has stated in writing to the Town Clerk that the road has been completed to Town specifications . The agreement also states that if Conifer and Ithaca Senior fully perform the agreement the letter of credit should be discharged by and upon resolution of the Town Board . Mr. Walker recapped that the board needs to say that they accept the road . Mr. Walker, Ms . Brock , and the board discussed language for a resolution . Councilman Goodman suggested that staff finalize language while the board discusses agenda item 25 . Agenda Item No . 25 - Consider amendments to the Policies and Procedures Manu (Attachment #8 ) Page 30 of 33 FINAL Supervisor Engman directed the board ' s attention to the proposed changes provided to them in their packets . He asked the board how they wished to proceed . Councilwoman Hunter pointed out that an updated version was provided to them at the meeting . Councilman Stein stated that the proposed resolution includes major changes in the way that the board works and he felt that it required a lot of discussion . He noted that his changes clean up language but the other changes need further discussion . Councilman Stein thought that the suggested changes should go through a committee so time could be spent discussing the implications of the changes . Supervisor Engman asked Councilwoman Leary to explain the changes she had made so that the board could then decide when and how to deal with the changes . Councilwoman Leary explained that some of her proposed changes were meant to clean up existing language . She thought that the committee language needed clarification because , when the manual was originally adopted , the committee structure was not as strong as it is now. She said that most of her comments describe what is being done currently in committees . Councilwoman Leary briefly explained the language changes she suggested ( see attached suggested changes ) . Supervisor Engman wanted the board to review the suggested changes and to come prepared to deal with the changes at the next meeting . Councilman DePaolo agreed and felt that some of the implications and wording would demand a lot of discussion . Councilman Stein suggested that the board appoint a subcommittee to review the Policies and Procedures Manual . Councilman DePaolo thought that the Operations Committee could review the manual with the input of board members who are not on the committee . Councilwoman Leary explained that the impetus for the changes were a result of some of the things that had happened recently with the committees . Councilman Stein moved that the item be referred to the Operations Committee and that the Committee invite interested parties to come to their discussion . Councilman DePaolo seconded . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008= 174: Refer review of Policies and Procedures Manual to Operations Committee RESOLVED, that the Town Board refers review of the Policies and Procedures Manual to the Operations Committee and the Committee will invite interested parties to participate in their discussion . 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 . Carried unanimously. Page 31 of 33 FINAL Agenda Item No . 27 — Report of Town Committees Councilman Goodman noted that the docks regulations will be back on the COC agenda and he reminded board members that the next meeting is Wednesday , August 20 at 7 : 30 p . m . Agenda Item No . 28 — Intermunicipal Organizations ' No reports . Agenda Item No . 29 — Report of Town Officials (Attachment #9 ) No discussion . Agenda Item No . 30 — Review of Correspondence Councilwoman Hunter wondered if the . Town was sending out its own RFP for a dog control contract and if they had heard anything regarding the TCCOG RFP . Supervisor Engman responded that the Town was not sending out its own RFP and he has not received the results from the TCCOG RFP . He explained that the TCCOG was trying to have a coordinated approach for all municipalities other than Groton . They are looking at whether it is feasible to have countywide agreement for dog control . If the countywide agreement doesn 't take place , then i every town for itself. Councilwoman Hunter responded that in her opinion , it ( dog control ) would more cost effectively handled on a smaller level . Councilwoman Hunter asked if the Town was applying for any Justice Court Assistance Program grants ; which then brought her to the question of whether or not the Town should have a committee about grants and it should be seeking grant funding . Supervisor Engman thought grants should come out of departments because someone has to work on the grants that are applied for. Supervisor Engman said that staff needs to have the ability to do the established work program before having to take on something that has come in because the money was available . Councilwoman Hunter noted that there is a lot of grant money available through the Department of State ' s Local Government Efficiency' s grant program . She wondered if TCCOG was pursuing grants through that avenue . Supervisor Engman responded that TCCOG has a $250 , 000 grant under that program to develop the health consortium . They have also received more money to hire a consultant to work on specific challenges within the consortium . There are other possibilities that he would like to pursue ; one is for a regional parks authority or district . A real problem is coming up with the money to maintain and expand park systems and currently the County is not involved with parks . Supervisor Engman said that if anybody had an idea they should bring it forth and they' ll discuss it to see if it' s possible . He worried about going after money just because it was there . Councilman Stein asked if there was someone who looked for funding opportunities in general refer to the appropriate person . Supervisor Engman explained the Town receives notifications some grants and he passes it along . He thought that one thing they could do is pass the wor around regarding grant possibilities . The Town has applied for and received grants . Page 32 of 33 FINAL Agenda Item No . 22 Continued Ms . Brock read the proposed resolution language drafted by staff. Councilman Goodman moved and Councilman Stein seconded the resolution . Supervisor Engman called for a vote . TB RESOLUTION NO. 2008- 175: Release of Letter of Credit Number 428408 dated January 4, 2007 from First Niagara Bank for improvements relative to Conifer Drive Agreement WHEREAS, the Town of Ithaca Engineer and Town of Ithaca Highway Superintendent have informed the Town Clerk that Conifer Drive has been completed in accordance with the required drawings, and WHEREAS, the Town Board finds that Conifer Drive has been completed in accordance with said drawings, and WHEREAS, the Town Board finds that Conifer Realty, LLC and Ithaca Senior Living, LLC have fully performed their Agreement with the Town regarding Town of Ithaca acceptance of Conifer Drive with the Town fully executed on January 5, 2007, now, therefore, be it RESOLVED, the Town Board discharges and releases letter of credit number 428408 dated January 4, 2007 from First Niagara Bank for improvements relative to Conifer Drive. MOVED: Councilwoman Hunter 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 . Carried unanimously. Adjournment Upon motion of Councilman Stein , seconded by Councilman Goodman , Supervisor Engman adjourned the meeting at 9 : 30 p . m . Respectfully Submitted , /Karen M . Billings Town Clerk Page 33 of 33 1 • EVRJ o� Z - css� ,C ow 4uousq -ll j Z�oqav TB 8 . 1192008 Attachment # 1 6A je - /0'g,e,50 �u,v �7' /�ra✓�� tG«t /`fang Eft 7 �s�T�`� Tfer� t�/or�l� cox�l�,v_ jJe 5 rb etLc 7WC � , ,4, ,reA i9 rD1,571A av42%eo e j9CAC 2. tsoc 33 � ,2.s . T ' ASkiskA A44-5 4NWVAC� �rS "rfAC 2ZA' 4e)WcFi l/4f C5 re z9 uY W D ,'G ,gOPGg- 6TArvs l 144AIPF 9C QA /960Ve� kZod1ftvw rY,,W v. r'o tier, glcarcg 6 f3E'Z•ef a'vg1vf/,7 N d i�iNG A:R D1zQ 0 4-fe A� 4 OLfeAaNC'y 14444 V64E (s ) G&,UT �v dpi b J UMEZ 200 B r?MK 1 ���rpa, s r D�a�ci"" ssis7 10466M I (C44-�0) CeAOJr _ J UAIX _3 or 2.0 6 Sr G�7"y —jic7,cS ,z<,�� z, C ' N� ronT.�Tigds CAOU G� to%A; . —T CpP�,¢�T,v� 3,76 f3a�,cJ rr '7zp 131 iW� A1,0C T 4AJP &ACP 0 R. rg -.4e V5 0 0 TO : Town of Ithaca Supervisor Herb Engman Town of Ithaca Board Members FROM : Robert S . Roma nowski-Chair, Board of Fire Commissioners August 11, 2008 Greetings all, As noted in your agenda for August 14, 2008, item 21 "Discuss Records Storage Agreement with Ithaca Fire Department", I' d like to take this opportunity to let you folks know that this topic is included in the City —Town Fire contract(04/01/03- 12/31/07 ) . 1 have taken the liberty to include a copy of the Agreement . This information can be located in " Exibit F, page 3 of 4" of the contract.As noted, this arrangement was to not be a permanent situation and was to be a help to the Fire Department' s lack of storage facilities at Central Station . Hope this helps you in your discussion . Cc: Brian Wibur, Chief Ithaca Fire Department lVI�� TB 8 . 11 . 1 Attachm t Monday August 11 , 2008 Town of Ithaca Board 215 N . Tioga St, Ithaca , NY 14850 RE : PETITION TO REDUCE THE SPEED LIMIT ON RT. 79 EAST Dear Board members: There has been five accidents in ten years outside my home at 1401 Slaterville Rd . This is quite a dangerous place, where Honness Lane meets Rt. 79 East. After the last accident, which involved me , I resolved to try to get the speed limit reduced from 45 to 35 mph . To this end , I have gone door4o-door with a petition to reduce the speed limit within the Town of Ithaca' s portion of the highway. The response was quite positive. Most people signed the petition . I covered not only Slaterville Road but Honness Lane and Pine Tree Road . People agreed with me that reduction of the speed limit to 35 mph would make our neighborhood safer. (Many residents of Honness Lane and Pine Tree Road complained that excessive speeding on their own roads is also a considerable menace to safety, ) During my work I took note of many walkers and bicyclists using the highway. It struck me that Rt. 79 is used by more than motor vehicles . These other users need to be as safe as possible. Some people need to cross the highway to get their mail. Speed limits must protect everyone, not just drivers. But drivers need protection , too. There are numerous driveways bringing vehicles onto the highway. Vehicles may even back onto the road . Rt. 79 East has several churches and a few businesses bringing a lot of traffic together. In addition , the highway has enough curves so that visibility is not always good . There was also much concern expressed about excessive speeding , especially by trucks . Trucks need to slow down well before Ithaca . This is for noise reduction as well as safety. Truck brakes can be very loud ! For all these reasons, please approve the reduction of the speed limit from 45 mph to 35 mph , in the Town of Ithaca portion of Rt. 79 East. Then , this petition can go to Albany for action by the State . Thank you ! Respectfully submitted , Nancy A. Beeler #3 1401 Slaterville Rd . Ithaca, NY 14850 (607) 272-3898 TB g 1 'L-• r�� 1 a LS� op 7 flf r.i: ' I.. t . . t, , • �.. '� TA ap> n of at , I t :. i AUG 1 1 �8 y': .,.1'2 ! r StyC : Street,' TOVYN OF ITHACA * ' : t [LANNVGt ZONING , ENGINEERING Itha , ;5E'oirk ,,14850 e " •'i 1 .r Edward c. Marx, AIC)p Commissioner of Planning ; ,,; 11. I y. , .,,:: and )Public Works Telephone (607) 274-5560 Pax ( 274-5578 August 8, 2008 Ms. Christine Balestra, Planner Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re. Review Pursuant to §239 1, -m gad —n of the New Xork State General Municipal Law Action: Zoning Amendment proposal for Lakefront Residential (LR) Zone, Town of Ithaca Dear Ms. Balestra: This letter acluzowIedges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 4 and =m of the New York State General Municipal Law. The Department has reviewed the proposal, as iubmitted, and has determined that it may have negative Lifter-conunufl,_"ty, or county-wide impacts, Cayuga Lake is a shared comtnunity and regional resource. Docks v can have the effect of appropriating this resource for private use. Vi/e recommend modification of the proposal, If the Board does not incorporate these recommendations into its approval, such approval will require a vote of a snpermajority (meaning a majority plus one) of all members of the decision-making body. Recommended Modifications • Section 3 (17), which outlines width requirements, should be clarified. The last sentence,. "Any extension, such as an L , "T or (l 11 extension, shall not exceed eight feet in at least one dimension (length or width)" is unclear. As written, there would be no restriction on length of such extensions other than complying with the 20 foot setback from adjacent properties and 300 square foot overall area limitation. On a property with 100 feet of shoreline, for example, this would easily allow a dock parallel to the shore extending more than half the length of the shoreline. We believe that a more precise limit on extensions parallel to the shoreline should be included in the provisions regulating docks and that this should be a percentage of less than 30Vo. Other Comments The Department offers the following additional comments regarding the proposed project; which are not formal recommendations under General Municipal Law §239 4 and • Increasing allowable dock lengths by 67% (from 30 to 50 feet) could have adverse scenic and recreational impacts. If water depth is an issue, an approach similar to the Town of Webb, NY (Herkimer County) should be implemented which limits docks to no more than 40 feet in length or to a depth of 6 feet of water, whichever comes fu st. Inc&sron t&mWfi oiver'sity Pap 1 of 2 Please inform us of your decision $o that we can make it a Part of the record. Sincerely, Edward C. Nbrx, AICF Commissioner of Planning and Public Works I tiOT� t&OWfi vVersny pages oft TB 8 . 11 . 2008 Attachment # 4 Ne, hhor orks® CHARTERED MEMBER Ithaca .Neighborhood HOUSING SERVICES Town of Ithaca Housing Rehabilitation Programs HOME Housing Rehabilitation Program INHS was recently awarded a $400, 000 grant from the New York State Division of Housing and Community Renewal to undertake a homeowner rehabilitation program in the Town of Ithaca . The following is a summary of the program highlights . Eligible Properties . 1 - to 4- unit owner-occupied homes in the Town of Ithaca . Income Eligibility : Total income of all members of the applicant household must be less than the income limits shown below . Household Size 1 2 3 4 5 Maximum Income* $40, 200 _ $45,950 $ 51 ,700 $57,450 $62, 050 *80% of median family income for the Ithaca MSA; income limits change annually . Type of Assistance : 0% interest loan with no principal or interest payments as long as the house is owner-occupied . Loan is secured by a mortgage and is forgiven over a 5-year period . Recapture if house is sold within 5 years . INHS staff also provides technical assistance with inspections; plan development; contract award ; and construction management. Loan Amount: Maximum of $30, 000 per dwelling unit. Eligible Activities : Correction of structural or mechanical deficiencies, building code violations, energy deficiencies or deferred maintenance . All homes will receive a full inspection and must be brought up to program housing standards, including mitigation of all lead paint hazards . INHS has a special interest in improving the energy efficiency of homes . Additional grants for energy improvements are available from NYSERDA . Target Populations : Seniors, single parent and minority homeowners . 115 West Clinton Street • Ithaca , New York 14850 • 607 - 277 - 4500 • 607 - 277 -4536 fax www . ithacaNHS . org 0 0 PUBLIC ERVICE S COMMISSION NYSE WA Energy Smart Loan Program Ithaca Neighborhood Housing Services became the first community development corporation in New York to be certified as a lender under NYSERDA's EneryySmartlmloan program . This program provides subsidized loans to homeowners for energy conservation improvements . EnergySmarl SM loans are a great value because homeowners borrow at a very low interest rate and achieve lasting savings on their energy bills . In 2006, INHS began to offer this program throughout Tompkins County. Eligible Properties . 1 - to 4-unit owner-occupied homes in Tompkins County . Income Eligibility . Available to any homeowner, regard less of income' Type of Assistance : 2% * fixed rate loan with terms of up to ten years . *2 . 6% APR based on $ 10,000 loan, 10-year term, and $300 application and inspection fee. INHS staff also provides high quality technical assistance with inspection ; plan development; contract award ; and construction management. Loan Amount: Maximum of $20, 000 . Eligible Activities : Energy conservation improvements that together meet NYSERDA standards . All work must be performed by Building Performance Institute ( BPI) certified contractors . Typical improvements include : o High efficiency heating systems o Insulation and air sealing o Replacement windows o Energy Star appliances o Solar of geothermal systems Assisted Home Performance with Energy Star Program Homeowners with modest incomes can receive matching grants of up to $5,000 for energy conservation improvements. Eligible projects are the same as for the Energy Smart program . INHS often combines this program with loans from HOME program , which serve as the match for the NYSERDA grant. Income Eligibility . Total income of all members of the applicant household must be less than the income limits shown below . Household Size 1 2 3 . 4 5 Maximum Income* $40, 200 $45,950 $ 51 , 700 $ 57,450 $62, 050 *80% of median family income for the Ithaca MSA; income limits change annually . For more information contact Diana Garcia at 277 -4500 or dgarcia@ithacaNHS.org ve na. FEDERAL CREDIT UNION Community Program Tax 2008 . Season Summary H by N Brian Zapf o Program Director 00 125 N Fulton St . Ithaca , NY 14850 . ( 607 ) 216-3459 M cn 4 J Y �^'� 3 �ls4 ;." ... r V u ^ Y�.+s. r ..,`' ..rl'•, l��fl 4 t., 4 rTa :, fy 1 n+ r3 ,1 ra f ..y it f ( r � €, j� eay£ �`<d ;" Px �' % d`� ,. x � 's7 °. 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W� 4U �� 4 , s. „x ar 9.4ir; �.E� 's �rf � 3a ti; '� � rrr i! i �l"'.! r ,k �'�p9 srr' i ;�., s >,i f�.r rr?y`.,, , .y ,1�r., ' ' ,. �. ti' ' 11 �44� ors:• �' � ' * 7. "' �1.t '� ; �J , sY"+�+�'�'sb'r {t � I L�N ti f r�j � siyr gkb rra'�l L Slim 1Y;i � xt isj ' '`E`f. '" �.� 1a ;h h h� t '�YV' � y x.rn�°. r# y, ri�,b`+. � "L J trz✓ '�41k �. MS� t { k`e V ry a �rc M r 3 a., . �� �� �"rte ag{, � �s,�r�""5� :rc �+,lr� 9Sf�P "�`aS fy, i�� Y�' �t�'�.' '"r i � Wr� ➢,��1�9, "M1 4a3 i Au 3 x '? Distribution of clients in Tompkins and surrounding counties 2008 tax season y III 11 > - 11 O ` © L - I - • • , Towns in Tompkins County - :i •' 5Tt a 4 . 91 . . . N r O j t V6 - , + �• . . �`• .. 61 66 r.� t $ 1— fit . 33311 Y .f ' . Its OLfSS` 1 If DRYOM i ® ® An 9 tfr— I 'El KRD 10 9 n u wI - -� IM_ a. Is 99: 99 4 ® Z9 i y ® 4 4 - set If I It . . • .... Yk 1 . i - ..J '. ` p f 1! c r a I Y � i �1J gel r } x4 ylp ! xrx '14 Un �iViv WiA.7 t �F� r S `-a r :....lJ •T tm tr 'IM ILL L r -`st ftk-�ri +5 > I rwP 3j z4' � F by T' t. } au.,xna ! t!`c »� a tq, n L k ;Al 7J zr LLLL ni t # xa y si � ._ Li t...W ItSxxV Kul t sr t � r'tiG ya pp wJ$ 1 a a'," : I��r�3l 't .� IS �'�� ^ � - # t�� A ,�,• ru.fS b T'I e-rn'a "yg I `2 I � N C z.j F !tl i `ly y i H Thank You to Our Community Partners • Catholic Charities Human Services • Ithaca College School Coalition of . Business Ithaca College MLK Jr • United Way of Service Day Program Tompkins County Tompkins Community • United Auto Workers Action • Tompkins County Day Care and Child Chamber of Development Council Commerce o Tompkins County • TC3 Workers ' Center Thank You to Our Sponsors • Tompkins County NYS OTADA CFED— SETT Project NY CU Foundation • NCUA Empire State Department of Social Development • Services United Auto Workers • Cornell Univ. College of • CNCS— AmeriCorps Human Ecology • United Way of Tompkins Gimme ! Coffee County Greenstar Cooperative • HSBC Bank . Market • Citizens Bank • Bank of America ^ 1 TB 8 . 11 . 2008 Attachment # 6 8 9 El 8 -P n 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) nitiall (0-5 rs) Acres (6- 10 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 En man Supervisor, Town of Ithaca Signature and Date : L��Jlllla CZ 4/Z e mamPART II - ENVIRONMENTAL ASSESSMENT (To be _com leted .b the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and 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 agency, 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. 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 EAT 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 Prepa is Signature(If different from Responsible Officer) Herb En man Supervisor & title of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE:7ame g ature of Res sible Officer ' Lead Agency 1� TB 8 . 11 . 2008 Attachment # 7 TOWN OF ITHACA LOCAL LAW NO . 13 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, August 11 , 2008 I a o 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 August H , 2008 2 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 . f A 4 Hub t Hub j 1 i � t x ► a, �. ar Turbine blade Turbine blade 145ft ' 145ft '' max. max . height height 5 Grade Grade Vertical Axis Wind Turbine Horizontal Axis Wind Turbine Figure 1 . Illustration of Maximum Height (Horizontal and Vertical Axis Facilities) August 11 , 2008 3 (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 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, the sound pressure level produced by a small wind energy facility or a combination of small wind energy facilities shall not exceed 55 dB (A) , measured at any site property line abutting a property owned by an entity other than the owner of the property on which the small wind energy facility or facilities are located. The sound pressure level shall be determined by successively measuring the sound pressure with the facility or facilities turned on and off and referring to the accompanying chart (Figure 2) . This level, however, may be exceeded during short-term events such as utility outages or wind speeds exceeding 25 miles per hour. (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. (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, or in a side or rear yard only. August 11 , 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, August 11 , 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 . (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 August 11 , 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 August 11 , 2008 7 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. August 11 , 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 : August 11 , 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 . " August 11 , 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 . " August 11 , 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 : August 11 , 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. August 11 , 2008 13 Figure 2 . Noise Measurements Sound measured with turbine Small wind energy Maximum allowable off (ambient noise) , dB (A) facility(s) sound limit, dB combined sound , dB ( A) (A) (ambient + generator) 20 55 55 21 55 55 22 55 55 23 55 55 24 55 55 25 55 55 26 55 55 27 55 55 28 55 55 29 55 55 30 55 55 31 55 55 32 55 55 33 55 55 34 55 55 35 55 55 36 55 55 37 55 55 38 55 55 39 55 55 40 55 55 41 55 55 42 55 55 43 55 55 44 55 55 45 55 55 46 55 56 47 55 56 48 55 56 49 55 56 50 55 56 51 55 56 52 55 57 53 55 57 54 55 58 55 55 58 56 55 59 57 55 59 58 55 60 59 55 60 60 55 61 61 55 62 62 55 63 Above 62 55 Ambient + 1 dB (A August 11 , 2008 14 TB 8 . 11 . 2008 Attachment # 8 Updated version — Agenda Item #25 REGULAR TOWN BOARD MEETING OF THE ITHACA TOWN BOARD MONDAY, AUGUST 11 , 2008 TB RESOLUTION NO . 2008- . CHANGES TO TOWN OF ITHACA BOARD PROTOCOL AND PROCEDURES MANUAL BE IT RESOLVED that the Town Board of the Town of Ithaca adopts the following changes to the Town of Ithaca Board Protocol and Procedures Manual, Chapter I . Introduction and Overview Current , Paragraph 1 : As a Board Member, you not only establish important and often critical policies for the community , you are also a board member of a public corporation having an annual budget of several million dollars . Change to . Board members not only establish important and often critical policies for the community , they are also board members of a public corporation having an annual budget of millions of dollars . Sec . 1 .04. Orientation of New Members Current Paragraph 1 : It is important for the members of the Town Board to gain an understanding of the full range of services and programs provided by the Town . As new members join the Town Board , the Town Supervisor and Human Resources Manager will host an orientation program that provides an opportunity for members to tour municipal facilities and meet with key staff. Another opportunity for new members is the Association of Towns- sponsored newly elected officials orientation . At any time , if there are facilities or programs about which you would like more information , arrangements will be made to increase your awareness of these operations by contacting the Human Resources Manager. Change to , It is important for the members of the Town Board to gain an understanding of the full range of services and programs provided by the Town . As new members loin the Town Board , current officials and staff may host orientation programs that provide an opportunity for members to tour the town and meet with key staff. Other opportunities for new members include the annual Draft Version - August 7, 2008 Page 1 of 5 Updated version — Agenda Item #25 meeting of the Association of Towns and orientation workshops sponsored by the New York State Department of State for newly elected officials . At any time , if there are facilities or programs about which members would like more information , arrangements can be made by contacting the Human Resources Manager, Sec . 2 .01 Town Board Generally Delete first sentence of final paragraph : Current : Effective Town Government is a complicated and daunting task . Change to . L#eEtiv TGWR Government is a nmmPlirated and daunting tack and move rest of paragraph (Informed decision making requires that Board Members prepare themselves for Board or committee meetings. This preparation includes [the review of] reading and arriving with materials provided in advance, such as agendas, staff memos, draft resolutions, and reports.) to Sec . 2 .02 Role of Board Members , A. 1 . Meetings . Resulting in : Sec . 2 .02 A. 1 . Meetings - Informed decision making requires that Board Members prepare themselves for Board or committee meetings . This preparation includes [the review ofl reading and arriving with materials provided in advance , such as agendas , staff memos , draft resolutions , and reports . Sec . 2 .07 Appointment of Boards and Committees B. Creation and Role of Other Boards and Committees Current , Town Board Committees are committees created by the Town Supervisor consisting of three Town Board members , unless the Supervisor objects . Staff, other board and community representatives participate as resources , as appropriate . Town Board members are appointed by the Town Supervisor and , by tradition in the Town of Ithaca , with the consent of the individual Draft Version - August 7, 2008 Page 2 of 5 Updated version — Agenda Item #25 board members and the approval of the Town Board , unless the Town Supervisor objects . Change to , Town Board Committees are committees created by the Town Supervisor consisting of three Town Board members . Staff, other board and community representatives participate as resources , as appropriate . Town Board members are appointed by the Town Supervisor. By tradition in the Town of Ithaca , the Supervisor consults individually with Town board members prior to making the appointments , and the Town Board acknowledges the Supervisor' s appointments at a Town Board meeting . The following should be placed in " B " just before " C " Sec . 2 . 07 Appointment of Boards and Committees : Add the following : Title : Town Board Committees and Citizen Advisory Committees Purpose The purpose of the Town Board committee system is to divide the work load equitably among the members of the Town Board ; to provide a thorough and timely examination of issues that come before the Town Board in advance of the full monthly meeting to allow for conclusion of business in an expeditious manner, and to effectively and efficiently utilize the diverse talents and interests of Town Board members in addressing those issues . Implicit in that structure is the assumption that recommendations reported out of committee to the full Town Board will be given due consideration in the final deliberation and decision making of the Board . Protocols and Procedures In consideration of the foregoing , committees will generally meet at least monthly . Each committee will establish a work plan and regular schedule of meetings for the year at the first meeting following the Town Board '.s organizational meeting in January . Changes in schedule shall be authorized by majority vote of the full committee . Subcommittees and Ad Hoc Working Groups . Subcommittees and ad hoc working groups may be proposed by any member of the committee and must be authorized by majority vote of the full committee . To ensure a fully functioning committee ( i . e . , that all committee members have equal access to information and the benefit of each other' s perspectives ) , all members of the full committee must be informed in advance , inasmuch as practicable , of all meetings Draft Version - August 7, 2008 Page 3 of 5 Updated version — Agenda Item #25 related to the committee ' s work plan , whether initiated by the chair or other committee member, and whether the meetings are with members of the committee , chairs or members of other committees , or other individuals . The full committee will be briefed on anv discussion by subcommittees and workgroups no later than the next meeting of the full committee , except in cases where untimely disclosure of sensitive information might compromise negotiations . Informal meetings ( i . e . , outside the context of a full committee or subcommittee meeting ) with committee members initiated by individuals not assigned to the committee may be considered interference in the work of the committee . Non- committee members may present information for consideration and participate in committee discussions during formal committee meetings only with the permission of the chair. E- mail Communication From time to time between scheduled meetings , brief discussion of work items may be necessary via e- mail to keep the work process moving in an expeditious manner. In such cases , all members of the committee , subcommittee , or workqroup shall be copied unless the communication involves administrative matters ( e . g . , individual choice of meeting times ) or similar minor items between individuals . Reporting Out Decisions on policy recommendations to the Town Board will be made by majority vote of the appointed members of the committee present at a meeting , as long as a quorum has been achieved . If the committee is deadlocked on a policy recommendation , that fact will be reported to the full Town Board , which will have the discretion to take up the matter at its full meeting . Referral of Items to Committee The Town Board , at its regularly scheduled meeting , may refer items to committees as it deems appropriate , and may at its discretion specify a date for reporting the item back to the full Board . Whenever possible , items should be referred to only one committee . From time to time , items may be referred by the Town Board to more than one committee if jurisdiction is considered overlapping . In those instances , every effort should be made to keep lines of communication open between the respective committees , joint meetings may facilitate such communication and save time . To avoid duplication of effort , work tasks should be delineated , when appropriate , between the respective committees . Since the Town Board is the final authority , any disagreement in recommendations between the committees shall be resolved by the Town Board as a whole . Agendas and Minutes Agendas will be developed by the chair in consultation with staff and the full committee in accordance with the committee ' s work plan , and distributed to Draft Version - August 7, 2008 Page 4 of 5 Updated version — Agenda Item #25 committee members in advance of each meeting , and will be available for review by the rest of the Town Board . Minutes/notes of each meeting will be kept by staff to reflect the sense of the discussion and rationale for decisions , and are subject to approval by a majority of the committee members who attended . Whenever practicable , draft minutes will be distributed to committee members prior to the next committee meeting and be available to all other members of the Town Board . Draft minutes are not final agency decisions and are therefore not subiect to FOIL . Sec . 2 . 07 Listed under "K" Move to Sec . 2 . 08 , Sec . 2 . 08 Incompatibility of Offices In accordance with the provisions of state law, Town Board Members shall not be appointed to , and may not serve on the Zoning Board of Appeals or the Planning Board during the term of office as a Town Board Member. Except as noted above, there is no single statutory provision governing dual office holding. Chapter 4 Town Board Meetings Add to 4. 02 D — Duties of Town Clerk . (Last paragraph) The Town Clerk must also record Town Board meetings and prepare minutes ( see 4 . 08 and 4 . 10 D ) . 4 .09 Delete last sentence of 4. 09 Order of Business , A. Call to Order: Following the Gall to ordeF, these in attendanGe aFe asked to join the Board on F-eGiting the Pledge of Alloni � nno v ely� 1 MOVED : SECONDED : VOTE : V VOTE : J "/Y Draft Version - August 7, 2008 Page 5 of 5 OF 17' TB 891192008 Attachment # 9 ° 9a TOWN OF ITHACA A-GEN DA # 2 9 18 21 215 N . Tioga Street, Ithaca , N .Y. 14850 �� W X04 www. town. 1thaca. ny. us TOWN CLERK 273- 1721 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 HIGHWAY ( Roads , Parks , Trails, Water & Sewer) 273- 1656 FAX (607) 273- 1704 or (607) 273-5854 MEMO TO: Town Board Members FROM: Karen Billings, Town Clerk DATE: Monday, August 11 , 2008 RE: Town Clerk's Monthly Report to the Board • FEZ Presentation about F.O . I . L. o Changes to Web site regarding F. O. I . L. o Revised F. O. I . L. form • Dog Census completed, winner of gift basket announced • Ethics Board — revisions to the law and changed Ethics Disclosure form discussed and forwarded to the Town Board • Operations Committee — Researched and created a Film Permit which was accepted by the Operations Committee and moved to the Town Board for its August 1111, meeting • Updating Records Management Policy and working on an e -mail policy • Staff Reviews PEZ Presentation about F. O. I . L. Freedom of Information Law and what is expected of staff was becoming a confusing issue for many. At Creig Hebron 's request, I prepared a PowerPoint Presentation and a one page handout listing the important aspect of F. O. I . L. for staff to consider. The presentation was well - received and elicited good questions and comments. Town Board members also asked me to forward a copy of the one - page document for their own use , as this is always a confusing issue. o 0 Based on the conversation had with- staff during the meeting, I revised the information posted at the Town 's Web site and changed the F. O . I . L. Request form. Dog Census completed, winner of gift basket announced If we measure success by comparing our town with the surrounding towns, it can be said that our Dog Census was a success. My office mailed out 4 , 543 Dog Census* flyers in May and by the end of June we had an official count of 1 , 152 dogs in the town . Our dog count contest elicited about 120 responses and our winner, Nina Bassuk, received a very nice gift basket (see attachment) full of goodies donated by various merchants in the town . By comparison , the towns of Dryden and Caroline have not fared very well with a door -to- door dog census, and other surrounding towns have asked us to share our information (flyer , et al .) regarding our dog census. * We chose to do a mail census because we could not find a reliable census taker and the costs were going to be unwieldy. Our method of census taking cost the town less than $2 , 500 ; whereas we were budgeting in excess of $ 5 ,000 for a door - to- door census. Ethics Board — Revisions to the Ethics Law and new Ethics Disclosure Form : The Ethics Board met two times. We reviewed all of the Ethics Disclosure forms submitted and found consistent problems with answers provided in Item B on the form . I researched Ethics Disclosure form information from the State and Tompkins County. At our second meeting it was decided that we would incorporate many of the provisions of the County into our own law and disclosure form. This finalized version will go before the SAC Committee on the 20111 of August and should be ready for the September 811' Town Board Meeting. All changes should be in place for the 2009 reporting period. Operations Committee — Researched and created a Film Permit which was accepted by the Operations Committee and moved to the Town Board for its August 11 ch meeting A Film Permit idea came about last spring because a student at Ithaca College requested permission to film on town property (a neighborhood park) during evening hours. Because the city of Ithaca has a process in place, we decided to look at the city's form and create a similar form. I researched film permits from across the country and created a form that utilized the best features and brought it before the Operations Committee. It was decided that changes were needed; and I presented my revised version to the Operations Committee at its July 1711' meeting. The revised version was accepted and it is now before the Town Board for its approval at the August 11 "1 meeting. Updating Records Management Policy and Creating an e - mail Policy This is a work in progress and I will report more about this in my September Monthly Report. Staff Reviews I asked my staff to keep doing the great work they are doing. Carrie and Paulette are a pleasure to work. • • • 1 1 � t��',� a -•'S6 " r ,iJ ��, C J 2v;? • • • � � • . � . . = vy l` s w� . 3 Sill F� `ti s - - -Iry • . • I • . � - }`�" . '11.1'. . . I I • I � • I • • I • • I • I TOWN CLERK' S MONTHLY REPORT TOWN OF ITHACA, NEW YORK JULY, 2008 TO THE SUPERVISOR: 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 17 MARRIAGE LICENSES NO. 08053 TO 08070 297 . 50 8 MISC. COPIES 99.40 I ZONING ORDINANCE 100 . 00 2 TAX SEARCH 10.00 4 MARRIAGE TRANSCRIPT 90. 00 TOTAL TOWN CLERK FEES 596.90 A1557 1 SPCA IMPOUND FEES 50. 00 TOTAL A1557 50.00 A2191 2 PARK USE FEE 50. 00 TOTAL A2191 50.00 A2544 DOG LICENSES 1 , 132 .48 TOTAL A2544 19132.48 B2110 6 ZONING BOARD MTG 600.00 TOTAL B2110 600.00 B2111 29 BUILDING PERMIT 85470. 00 6 BUILDING PERMIT EXTENSIN 15050 .00 1 CERTIFICATE OF OCCUPANCY 100. 00 4 SIGN PERMITS 216. 50 2 TEMP CERTIFICATE OCCUP 200. 00 2 OPERATING PERMIT 350. 00 TOTAL B2111 109386.50 B2115 1 SUBDV. REV. FINAL PLAT 200. 00 1 SITE PLAN INIT. APL. FEE 100 .00 2 SITE PLAN PRELIM. PLAN 39200. 00 4 SITE PLAN FINAL PLAN 15950 .00 2 SPECIAL PERMITS 200. 00 TOTAL B2115 59650.00 JTA61 2 PARK SECURITY DEPOSIT 100.00 " ' TOTAL TA61 lm1. 11.:,. . . ., f-. 1 00.00 TOWN CLERK' S MONTHLY REPORT JULY, 2008 page 2 DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND � ' ' ? � 15829 . 38 �N6 � PAID TO SUPERVISOR FOR PART TOWN FUND �i 636 . 50 16, / PAID TO COUNTY TREASURER FOR DOG LICENSES �/ 144. 52 PAID TO AG & MARKETS FOR DOG LICENSES 18 . 00 PAID TO NYS HEALTH DEPT FOR MARRIAGE LICENSES 382 . 50 TOTAL DISBURSEMENTS 199010090 AUGUST 5 , 2008 -7L SUPERVISOR HER#RT J. EN AN 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 du ing the month above stated, excepting only such Fees the application and payment of which are otherwise provided f Ay 1 Subscribed and sworn to before me this Town Clerk . LQ ,.kAAt ` 20 �� day of Notary Public CARRIE WHITMORE Notary Public , State of New York,_ No . 01WH6052877 G9U Tioga County 7 Commission Expires December TOWN OF ITHACA Public Works Department Month of July — Board Report August 11, 2008, Meeting Roads : • Finished Simsbury Drive storm water project. • Ditched and replaced culvert in problem area on Nothview Road . • Started and finished storm water project on Tudor Road . • Prepared (hot patching) roads for surface treatment: Lexington Drive, Concord Place, Burliegh Drive, Clover Lane, Spruce Way, Sand Bank Road, Bundy Road and Valley View Road . • Extensive welding was completed on Forest Home Drive' s upstream bridge deck. • Trimmed brush around road signs and intersections town-wide . • Hauled stone into stock pile for upcoming road maintenance . • Paved Sharlene Drive, Eastern Heights Drive, Spruce Way, and Tudor Road with the help from dump trucks from the Towns of Newfield and Ulyssess. • Continued road-side mowing throughout the Town. • Cleaned catch basins for on-going storm water management program on Renwick Drive, Renwick Heights Road, Judd Falls Road, Coy Glen Road, and Caldwell Road . • Cleaned paved swale on Stone Quarry Road . • Installed piped ditches at 203 and 205 Eldridge Circle. Also on Southwoods Drive and 101 Terranceview Drive. • Completed ditch and culvert survey in the Northeast. Parks, Trails, and Preserves : ■ Parks maintenance started, including weeding. ■ Prepared Tutelo Park for Town picnic . ■ Installed three playground grant signs. ■ Mowing and trimming of parks and trails . ■ Completed tree survey in Northeast. Water: ♦ The crews repaired water main breaks on Penny Lane, Winner' s Circle, and Christopher Circle . ♦ Repaired several water main valves and fire hydrants. ♦ PRV tour with Bolton Point on Stone Quarry Road . ♦ Engineering Technicians worked on design for new water main on East Shore Drive . ♦ Finished as-builts for Trumansburg Road and Hanshaw Road water projects. ♦ Surveyed for future projects : o Honness Lane Walkway o East Shore Drive water main — Remington Drive o Penny Lane water replacement o As-built survey for storm water projects. Sezaer: ► Raised approximately 25 manholes prior to paving projects . ► Pump station checks were continued this month. ► Mowing for the easements for both sewer and water. Building and Grounds Maintenance: Extensive painting was completed on water pump stations and at the Public Works Facility . August Projects 1 . Apply shoulders on paved roads and miscellaneous problem areas . 2. Cleaning out ditches — town wide. 3 . Patching potholes — town wide . 4 . Tree trimming along roads . 5 . Cleaning out catch basins. 6. Finish tripping roads. 7. Clean sewer mains with sewer jet. ghk r of I T�9� TOWN OF ITHACA PLANNING DEPARTMENT �B 21= 215 NORTH TIOGA STREET, ITHACA, N . Y . 14850 �� W �4 Jonathan Kanter, A. I.C.F. (60'/) Z/3-1 /4'/ Director of Planning FAX (607) 273-1704 Planning Director ' s Report for August 11 , 2008 Town Board Meeting DEVELOPMENT REVIEW July 1 , 2008 Planning Board Meeting: Fix 2-Lot Subdivision, 131 Honness Lane : The Planning Board granted Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 131 Honness Lane, Town of Ithaca Tax Parcel No . 58 -2-39 . 2 , Medium Density Residential Zone. The proposal includes subdividing the 1 . 073 -acre parcel into one 0 . 685 -acre parcel containing the existing residence and one 0 . 388-acre parcel for construction of a two family residence. This proposal received Final Subdivision Approval on April 6, 2004, but the conditions of approval were not met and the approval has since expired . Giora & Limor Fix, Owners/Applicants; Jeff Coleman, Agent. Recommendation to Town Board Regarding Proposed Amendments to Lakefront Residential Zone : The Planning Board issued an affirmative recommendation to the Town Board regarding the proposed amendments to the Lakefront Residential Zone. Cornell Transportation-focused Generic Environmental Impact Statement (t-GEIS) : The Planning Board continued its review of the t-GEIS to determine adequacy for public review and comment. July 15 , 2008 Planning Board Meeting: Cornell Transportation-focused Generic Environmental Impact Statement (t-GEIS) : The Planning Board accepted the t-GEIS as complete and adequate for public review and comment, and set a public hearing for September 16, 2008 to hear comments from the public and interested and involved agencies regarding the t-GEIS . The t-GEIS will be available on Cornell ' s website and copies will also be available for review at Town Hall , the Tompkins County Public Library, and other locations. Copies will also be available for involved and interested agencies. Reviews for Zoning Board (ZBA) : Six applications to the Zoning Board were processed since the July report, resulting in four variances granted and two adjournments . July 21 , 2008 ZBA Meeting: GRANTED - APPEAL of John H . Foote, Owner/Appellant, Dan Strawbridge, Strawbridge & Jahn Builders, Agent, requesting variances from the requirements of Chapter 270, Article IX, Section 270-71 (A), and Article XXV, Section 270-205 (A) of the Town of Ithaca Code, to be permitted to construct a 141 +/- square foot addition to a home located at 228 Forest Home Drive, Town of Ithaca Planning Director's Report : August 11 ' 2008�Town Board Meetcng�� �. ' ; �;'� Town of Ithaca Tax Parcel No . 66-3 - 16, Medium Density Residential Zone. The proposed addition will encroach into the required 25 -foot front yard setback for structures in the (MDR) Zone. Additionally, the home is an existing non-conforming structure and the proposed addition/enlargement will increase the existing non-conformity. GRANTED - APPEAL of Thomas H . Canfield, Owner/Appellant, requesting Special Approval and variances from the requirements of Chapter 270, Article VI, Section 270-30(B) and 270- 34(B)of the Town of Ithaca Code, to be permitted to maintain a second dwelling unit in an accessory building located at 195 & 197 Calkins Road, Town of Ithaca Tax Parcel No . 32 -2 - 13 , Agricultural Zone. The floor area of the second dwelling unit exceeds 50% of the floor area of the primary dwelling unit and the width of the parcel at the street line does not meet the 60-foot minimum required width. Both dwelling units have been in existence for at least 15 years (primary dwelling unit was built in 1940) . The Zoning Board granted a 15 year time-limited area variance in 1993 for the improvement of an accessory building into the second dwelling unit . That approval expired in July 2008 . The Zoning Code was amended in 2004 to allow a second dwelling unit in an accessory building subject to special approval by the Zoning Board. GRANTED - APPEAL of Brenda Prince, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VII, Section 270-47(C) and 270-48 of the Town of Ithaca Code, to be permitted to replace an existing one- story single family residence with a two- story single family residence located at 1106 East Shore Drive, Town of Ithaca Tax Parcel No . 19-2 -7, Lakefront Residential (LR) Zone. The proposed construction will utilize the building footprint of the existing home. The southwest corner of the existing/proposed residence encroaches into the 20 foot required side yard setback. The proposal also exceeds the 10% maximum allowable lot coverage for structures in the LR Zone. The Zoning Board of Appeals approved this proposal, with conditions, on August 16, 2004 . However, the approval expired because a building permit had not been issued and work on the project had not commenced within 18 months of the granting of the approval . ADJOURNED - APPEAL of Mark & Karen Hartsukyer, Owners/Appellants, Ernie Bayles, Architect, Agent, requesting variances from the requirements of the Town of Ithaca Code, Chapter 270, Article VII, Sections 270-43 (A), 270-47(A), 270-47(B) and 270-47(C), and 270-48 to be permitted to construct a permanent single family home located at 819 Taughannock Boulevard, Town of Ithaca Tax Parcel No . 25 -2 -40, Lakefront Residential ( LR) Zone. The proposed home would be constructed on an existing non-conforming lot (does not meet required lot area, lot width at street, lot width at setback, and lot depth) . The proposed home would encroach into the required 30-foot front yard setback, the required 50-foot rear yard setback, and the both of the required side yard setbacks for buildings in the LR Zone. The proposal would also exceed the 10% maximum allowable lot coverage, and would include vehicular parking that would encroach into the required 100-foot setback from the shoreline. The ZBA provided direction to the Appellant to return with plans that are closer to complying with the Zoning requirements, and adjourned the matter until revised plans are submitted. ADJOURNED - REQUEST of Marla Miller, Adjoining landowner, Charles Guttman, Agent, requesting an interpretation/ determination from the Zoning Board whether the current home occupation use of the property at 180 Calkins Road, Tax Parcel No . 33 -2-3 . 1 , Low Density Residential (LDR) Zone, is in violation of Section 270-219 . 2 (A)(B)(E)(F)(G)(H)(I) and (J) of 2 Town, of Ithaca Planning Director's Report Au ust 11 2008 Town Board Meeting x g r „,=� Town Code. The adjoining landowner asserts that the dock building home occupation use exceeds the 500 square foot maximum allowable floor area permitted for home occupation uses in a residential zone, there are more than four persons including the household resident involved in on- site business operations, there is exterior storage of materials and equipment associated with the business, there is offensive noise, dust and glare produced beyond the boundary line of the property conducting the business, there is traffic in greater volume than is expected in a residential neighborhood, the use is detrimental to the residential character of the lot and has had a significant negative impact on neighboring properties, and that business activities are not conducted wholly within the dwelling or accessory building on the property. The ZBA heard the testimony of the neighbors and the owner of the property in question, and adjourned the matter pending follow-up investigation by the Code Enforcement Officers . Subsequent ZBA action will depend on the determination of the Code Enforcement Officers . GRANTED - APPEAL of Colleen Shuler, Owner/Appellant, requesting variances from the requirements of Chapter 270, Article VIII, Sections 270-56, -57 , -58 , and 270-59 of the Town of Ithaca Code, to be permitted to install and maintain radio translator facilities on barns located at 1319 Mecklenburg Road, Town of Ithaca Tax Parcel No . 28- 1 -26 . 6, Agricultural Zone. The proposed radio facilities are not a permitted use in the Low Density Residential Zone. Some of the facilities, particularly the antennas, also required height variances from the Zoning Board. CURRENT PLANNING DEPARTMENT PROJECTS/FUNCTIONS The following have been accomplished over the past month. Codes and Ordinances Committee (COCA: The Committee met on July 16, 2008 . The Committee prepared a follow-up, revised draft local law regarding Small Wind Energy Facilities after it was referred back to the Committee by the Town Board with a request to further review the noise standards. The next COC meeting is scheduled for August 20, 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 Committee met on July 10, 2008 to discuss the 2008 work plan. The Committee also decided that it would be a good idea to have a Committee member attend Planning Board meetings on a rotating basis to keep up with what the Planning Board is working on. The Planning Board meeting schedule was sent out to Committee members to coordinate their schedules for attendance at Planning Board meetings. The next regular meeting of the Committee is scheduled for Monday, August 18 , 2008 at 4 : 00 p.m . (this replaces the regular meeting date of Thursday, August 14`h) . Agenda items will include the Carrowmoor draft local law and the Cornell t-GEIS that was accepted by the Planning Board as complete for public review. Comprehensive Plan Committee : The Committee met on July 24, 2008 and continued discussion regarding the planned residents ' survey, confirmed the date for a public information meeting/open house (Tuesday, September 23rd, 2008 at 6 : 30 p .m . in Town Hall), and discussed the success of the orientation tour of the Town held on July 8 , 2008 . The Committee also 3 Town oflthi7ca Planning Director's Report August' ]] 2008 Town Board Meetingt ,� completed an analysis of strengths, weaknesses, opportunities, and threats (SWOT) in the Town. The next meeting is scheduled for Thursday, August 28 , 2008 at a time to be determined. Conservation Board : The Conservation Board met on July 3 , 2008 . Agenda items included committee reports and updates, continuation of discussion regarding possible revisions to language in the Conservation Zone, discussion regarding policies on roadside ditches, and the Board issued an affirmative recommendation to the Town Board concerning the Lakefront Residential Zone amendments with several specific suggestions for revisions. The August meeting was cancelled. The next meeting of the Conservation Board is scheduled for September 4, 2008 . Route 96 Corridor Management Study: Staff reviewed the draft of Technical Report #2 and sent comments to the County Planning Department. This includes the alternate development scenarios that have been prepared by the consultants . A public workshop will be held shortly after Labor Day to discuss the results of Report #2 . The consultants will begin working on Technical Report # 3 (recommendations) in the near future in anticipation of presenting a draft to the Technical Review Committee in September or October. Carrowmoor Draft Local Law : The sub-committee met several more times with the Carrowmoor developers to work out details of the draft local law for a Planned Development Zone. The sub- committee ' s work on the draft law has been completed, and the draft law is being sent to the Planning Committee for review and discussion at the August 18 , 2008 meeting. West Hill Trail Committee : Several Committee members met on July 15 , 2008 at EcoVillage to walk some of the potential trail corridors that had been identified to assess the character and potential of these trail corridors . A follow-up meeting is scheduled for August 19 , 2008 at 5 : 00 p.m . ITCTC Planning Committee : The July 15 , 2008 meeting of the ITCTC Planning Committee was cancelled due to a lack of agenda items . Economic Development Collaborative : The Economic Development Collaborative met on July 24, 2008 . Discussions included a potential project by Cooperative Extension regarding the use of biomass for home heating, an update on housing activities, an update on Cornell ' s economic development office activities, and an update on tourism in Tompkins County. Performance Reviews : Performance reviews of Planning staff were conducted in July. 2009 Proposed Budget : Preliminary Budget Worksheets and Budget proposals for 2009 were completed by the Planning Department and submitted to the Budget Officer and Supervisor. 4 J Town Engineer' s Report for August 11, 2008 Town Board Meetin1 EARTH FILL PERMITS Enforcement activity is continuing on tax parcels 26 . -4-2 , and 26 . -4. 3 . The property owner has submitted a plan and application for a driveway and crossing of Williams Glen Creek. The Town Engineer reviewed the plan and asked for additional supporting documentation which has not been provided. Enforcement will proceed with a letter requesting compliance. If the property owner does not respond enforcement may proceed to a court appearance ticket. An earth fill permit was issued to Cornell University June 11 , 2008 on Tax Parcel 63 . - 1 - 10 for placement in existing dry pond beds in the fisheries research area for the creation of wetland mesocosms . TOWN HALL ROOF RENOVATIONS The Town Engineer is preparing 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. BOLTON ESTATE SUBDIVISION ROAD CONSTRUCTION The SCLIWC (Bolton Point) is in the process of fulfilling a legal requirement of construction of the road for access to the raw water pump station. The Town Engineer is providing construction management services to the Commission for the project. The Town is buing reimbursed by Bolton Point for the costs of the engineering services. WATER PROJECTS Trumansburg Road Water Main Replacement A small retainage is being held until all plantings are fully established and several minor restoration measures are completed. Hanshaw Road Water Main Replacement A small retainage is being held until all plantings are fully established and some asphalt patching is completed. . 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 located and proposals for the drilling have been requested to complete the work this summer. ,w TOWN ENGINEERS REPORT 8/ 11 /2008 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 Northeast Drainage Study The Northeast Ithaca Drainage evaluation field work is proceeding well with the engineering interns working in the field gathering survey data using the Town ' s GPS and Surveying equipment and then mapping the data. At the rate the work is progressing the area east of Hanshaw Road will be mapped in detail this year. 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 . Implementation of Stormwater Management Laws The passage of the Stormwater Management and Erosion and Sediment Control law, Chapter 228 in the Town Code, was required by New York State. Administration of this law has been designated to the Town Engineer as the Stormwater Management Officer and has added a significant work load to the Engineering Department. New York State law requires that Storm Water Pollution Prevention Plans be prepared and implemented under the direction of Licensed Professionals or individuals certified in sediment and erosion control practices . Currently there are 41 active projects that have stormwater management plans and require review and inspections by the engineering staff. On a weekly average over 55 staff hours are required to implement this program effectively. This time includes plan review, field inspections and reports, reviews of reports from consultants required for projects that require a full SWPPP , and correspondence regarding compliance. Currently this work has been spread across the engineering staff with Kristin Taylor, Civil Engineer, being the lead person on this task, with technical assistance from the engineering technicians and interns, and clerical assistance from the Town Clerk' s office. The Town engineer is developing a tracking report for this important function and will be submitting a detailed report to Public Works and then the Town Board regarding administration of this program and how it impacts the Engineering Department work load. DEVELOPMENT REVIEW WESTVIEW SUBDIVISION The Engineering staff is monitoring the sediment and erosion control program ( full SWPPP) for the site. The Phase II additional erosion control measures have been installed and are functioning. CONIFER VILLAGE (Linderman Creek Phase 4) Site construction has been substantially completed and a final inspection was requested and completed with a few minor items identified as punch list items for final site approval . Town Engineer's Report August 11 , 2008 Daniel R. Walker Paget 8/6/2008 TOWN ENGINEERS REPORT 8/ 11 /2008 HOLLY CREEK Engineering staff is continuing to monitor the Storm Water Management system (full SWPPP) . 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 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 is underway and foundation work has started . 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 (full SWPPP) . Town Engineer's Report August 11 , 2008 Daniel R. Walker Page 3 8/6/2008 Town of Ithaca Code Enforcement Monthly Report 711 /08 Until 7131108 Building Permits , BP # Date Value Description fee category 8076 7/1 /2008 $ 11 ,407.00 Tear off and replace roof cover on $60.00 renovations to house and garage residential 8077 7/1 /2008 $9,800 .00 Tear off and replace roof, cover entire $45.00 renovations to structure residential .f> 8078 7/2/2008 $2 ,300 .00 Remove two layers of shingles and $25.00 renovations to recover with 30 year shingles residential 8079 7/2/2008 $6,600 .00 Replace roof covering $45.00 renovations to t residential 8080 7/2/2008 $ 11400.00 Replace roof covering $25.00 renovations to residential 8081 7/7/2008 $35,626.00 Install 385 square foot Photovoltaic $100 .00 miscellaneous syste4m on accessory building i 8082 7/7/2008 $ 129000.00 Tear off and replace roof cover $60.00 renovations' to j residential . I 8083 7/8/2008 $6, 105.00 Tear off and replace roof cover $45.00 renovations to residential i 8084 7/10/2008 $5,455.00 280 square foot deck approximately 16 $45.00 additions to inches above ground residential 8085 7/11 /2008 $ 11 ,500 .00 Roof structure and cover repair of $60 .00 renovations to j demage caused by fallen tree residential 8086 7/11 /2008 $6,888.00 Remove window & replace with exterior $45.00 renovations to j door; new 16 sq ft front deck residential 8100 7/15/2008 $49000.00 Recover existing roof $35.00 renovations to residential i .I I 8094 7/15/2008 $41 ,000 .00 Alterations to kitchen & bathroom $100 .00 renovations to residential j 8097 7/15/2008 $4,000.00 Recover existing roof $35.00 renovations to j residential 8099 7/15/2008 $4,000.00 Recover existing roof $35.00 renovations to residential 8092 7115/2008 $3,000.00 Replace roof cover $35.00 renovations to residential 8087 7/15/2008 $ 11 ,500.00 Tear off existing and replace roof cover $60 .00 renovations to residential i 8095 7/15/2008 $2 ,730 .00 Re-roof storage buildung $35.00 business j i 8098 7/15/2008 $4,000 .00 Recover existing roof $35.00 renovations to i residential 'j Tuesday, August 05, 2008 Page 1 Town of Ithaca Code Enforcement Monthly Report 7/1 /08 Until 7/31 /08 8096 7/15/2008 $2 ,730 .00 Re-roof grounds keepers building $35.00 business 8091 7/15/2008 $3,000 .00 Replace roof cover $35.00 renovations to residential 8090 7/15/2008 $3,000 .00 Replace roof cover $35.00 renovations to residential 8089 7/15/2008 $3,000 .00 Replace roof cover $35.00 renovations to residential I I 8088 7115/2008 $4,000 .00 Replace existing roof $35.00 renovations to residential 8093 7/15/2008 $4,000 .00 Replace roof cover $35.00 renovations to residential 8101 7/17/2008 $38,4091286.00 Foundation for Animal Health Diagnostic 19,205.00 business Center i 8102 7/17/2008 $ 10,000 .00 Remodel kitchen and bath $45.00 renovations to residential I I 8101 7/17/2008 $38,409,286.00 Foundation for Animal Health Diagnostic 19,205. 00 business Center 8104 7/24/2008 $20,000 .00 Tear off and replace roof cover & $60.00 renovations to replace 28 sq siding residential 8103 7/24/2008 $ 19,000.00 252 square foot detached room addition $60.00 additions to residential 8105 7/25/2008 $6,000 .00 Relocate kitchen $45.00 renovations to residential 8106 7125/2008 $ 12,000 .00 Construct breezeway & build apartment $60 .00 conversions of above garage to convert 1 -family into 2- use family 8107 7/30/2008 $250,000.00 New 3 bedroom modular home with 1 .5 $550 .00 new single-family �I car garage homes Totals $77,338, 613.00 1 $40,365.00 Certificates of Occupancy BP # Address Description CO Temp 8043 705 Dryden Rd Construct 8 foot high fence 7/1 /2008 ❑ i i �i 8077 10 Fairway Dr Tear off and replace roof, cover entire 7/7/2008 ❑ structure 6914 1367 Mecklenburg Rd Tear off and replace roof covering 7/7/2008 ❑ ,I 7030 203 Salem Dr 252 square foot enclosed porch to 7/8/2008 ❑ replace existing 168 square foot i Tuesday, August 05, 2008 Page 2 Town of Ithaca Code Enforcement Monthly Report 7/1 /08 Until 7/31 /08 - - ._..... -- - .._.. _ __. . . - - --- -- - - -- — 8054 1512 Slaterville Rd Construct 212 sq ft deck attached to 7/11 /2008 ❑ existing structure 16482 997 Taughannock Blvd 2 car garage with storage above 7/14/2008 ❑ 6349 920 Coddington Rd 24' x 50 pavilion 7/14/2008 ❑ 6913 318 Main Campus Rd Renovate second floor west end lobby of 7/16/2008 ❑ Park Communications 6986 317 Old Gorge Rd New four-bedroom , single-family home 7/17/2008 ❑ with attached 3-car garage 6938 11 Dove Dr Remove existing and construct 140 7/17/2008 El 1 square foot covered deck and stair in 6846 140 Ridgecrest Rd Install 27 foot above ground pool 7/17/2008 ❑ 7077 Jessup Rd, Bldg H Re-roof existing building 7/17/2008 ❑ i 7082 317 Blackstone Ave 418 sq ft room & bath addition 7/18/2008 ❑ I 7092 218 Eastern Heights Dr Construct 60 square foot kitchen addition 7/18/2008 ❑ 8065 156 Bundy Rd Install 18' x 52" deep above ground pool 7/18/2008 ❑ 6939 103 Crest Ln 1 car garage in front yard 7/22/2008 ❑ I II 8030 151 Tower Club Dr Replace existing windows on 14th Floor 7/24/2008 ❑ i i 8031 143 Tower Club Dr Replace existing windows on 14th Floor 7/24/2008 ❑ 7091 202 King Rd E Remove walls to enlarge existing 7/24/2008 ❑ bedroom 7043 10 Saunders Rd New 4-bedroom , single-family home with 7/30/2008 ❑ i attached 2-car garage I 8083 979 Danby Rd Tear off and replace roof cover 7/30/2008 ❑ i I i 7078 252 Hayts Rd New 3-bedroom ,single-family home with 7/30/2008 ❑ attached 2-car garage 7081 142 Lexington Dr Convert basement into habitable space & 7130/2008 ❑ create laundry room I 8062 1308 Hanshaw Rd Tear off and replace roof covering on 7/30/2008 ❑ j existing structure 8079 1013 Danby Rd Replace roof covering 7/30/2008 El i I � 7065 215 Muriel St Remodel bath and install shower stall 7/30/2008 ❑ i i Tuesday, August 05, 2008 Page 3 Town of Ithaca Code Enforcement Monthly Report 7/1 /08 Until 7/31 /08 Complaints Date Address Complaint Type Disposition 7/14/2008 936A East Shore Dr building code Pending 7/25/2008 1 Candlewyck Dr sign Pending I I Existing Building CO Field Visits Building Code 85 Complaint/Investigation 5 Fire Safety 5 Fire Emergency 0 Total 95 Tuesday, August 05, 2008 Page 4 0810512008 TOWN OF ITHACA 10 : 26: 20 B2111 - B2111 Transaction Report For the period 07/01 /2008 through 07/31 /2008 Type Date Comment Name Quantity Fee B2111 LBP 07/02/2008 65 .- 1 -542 CU - PLANTATIONS 1 60.00 2 . BP 07/07/2008 70- 10- 1 . 122 BOB GRAVANI - DN 1 60.00 HUBBARD CONST 3 . BP 07/07/2008 58.-2- 15 . 1 SHIPPY, JUDY AND JAMES 1 550.00 4. BP 07/07/2008 24.4 -8 MCCUTCHEON, SUSAN 1 70. 00 5 . BP 07/07/2008 VARIOUS JD FERRO 1 350. 00 6. BP 07/07/2008 VARIOUS JD FERRO 1 280.00 7 . BP 07/08/2008 44.4 -22 FERRARA, PAT & SAVINO 1 45 .00 8 . BP 07/09/2008 44.-2-4 ' FERRARA, SAVINO 1 200. 00 9. 131? 07/ 10/2008 70.41 -47 FOX, MILDRED 1 45 .00 IO. BP 07/ 11 /2008 31 .4 -5 CALVARY CEMETERY 1 70.00 11 . BP 07/ 11 /2008 39.4 - 1 .31 ITHACARE - LONGVIEW 1 49000.00 12 . BP 07/ 11 /2008 71 .-5-3 DEWEY, GRETA I 60. 00 13 . BP 07/ 15/2008 66.-2- 11 BRITTAIN, HARRIET & 1 45 .00 CHARLES 14. BP 07/ 15/2008 62.-2- 1 . 121 CU - EAST HILL PLAZA 1 100.00 15 . BP 07/ 16/2008 24.4 -42.2 VERBERG, ROLF AND 1 100 .00 SUSAN 6. BP 07/ 16/2008 70.40-3.9 YASUDA, KOJI 1 45 .00 7. BP 07/ 16/2008 45 .4 - 18 CROWN CONSTRUCTION 1 70. 00 8 . BP 07/ 17/2008 24.-3-2.412 CMC (CAYUGA MEDICAL 1 1 ,000.00 CENTER) 19 . BP 07/ 18/2008 70.4 -7 WILLE, DENNIS 1 45 . 00 20. 13P 07/21 /2008 21 .-2-26 MENNEN, RICHARD AND 1 60.00 SALLY 21 . 13P 07/22/2008 70.40-32 KAN, EDWIN 1 130. 00 22 . BP 07/22/2008 28.4 - 10.42 TREGASKIS, SHARON 1 50. 00 23 . BP 07/22/2008 68.4 - 1 . 1 VAN, WAYNE 1 60. 00 24. BP 07/23/2008 61 .4 -8. 16 WARD, DEBRA 1 60.00 25 , BP 07/23/2008 40.-3-5 UNITY HOUSE 1 45 . 00 26. BP 07/30/2008 41 .4 -30.2 (TOWER CONF ROOMS) ITHACA COLLEGE 1 200. 00 27 . BP 07/30/2008 41 .- 1 -30.2 (RENOVATE RECEPTION ITHACA COLLEGE 1 550. 00 28 . BP 07/31 /2008 45 .-2- 17.2 FULLAGAR, SUSANNE 1 60. 00 29 . BP 07/31 /2008 31 .- 1 -7 TERPENING, TIM 1 60.00 29 89470.00 30. 13 PE 07/ 14/2008 26.-3- 18 GRADY, JOHN P. 1 50. 00 31 . BPE 07/ 18/2008 25.-2-41 . 1 JOHNSTON, PAMELA A 1 50.00 32 . 13PE 07/21 /2008 39.4 - 1 .2 SOUTH HILL BUSINESS 1 50.00 CAMPUS 33 . BPE 07/23/2008 60.4 -3 HOGG, JAMES AND 1 50.00 YOSHIKO 34. BPE 07/25/2008 24.4- 14.235 . 14.24 OVERLOOK AT WEST HILL 1 800. 00 35 . BPE 07/28/2008 25.-241 . 1 JOHNSTON, PAMELA 1 50.00 6 1 ,050.00 36. 00 07/25/2008 24.- 1 -34.621 MCCASLAND, MARGARET 1 100. 00 A 1 100.00 Page: l 0810512008 TOWN OF ITHACA 09 :47 : 59 . B2110 - B2110 Transaction Report For the period 07/01 /2008 through 07/31 /2008 .Type Date Comment Name Quantity Fee B2110 LZBM 07/07/2008 28.4-34.42 BENTLEY, MARY 1 100. 00 2 . ZBM 07/ 16/2008 39.4 - 1 .2 SOUTH HILL BUSINESS 1 100.00 CAMPUS 3 . ZBM 07/ 18/2008 25 .-2-7 WIEN 1 100.00 4. ZBM 07/30/2008 27.4 - 14.2 RANCICH, JOHN 1 100. 00 5 . ZBM 07/31 /2008 65- 1 -5 .2 CORNELL UNIVERSITY - 1 100.00 PLANTAT 6 . ZBM 07/31 /2008 66.-2- 11 BRITTAIN, HARRIET 1 100. 00 6 600.00 Total for B Fund: 6 600.00 Total Sales 6 600.00 Page: 1 Regular Meeting of the Ithaca Town Board , August 11 , 2008 Human Resources Report for July 2008 Personnel and Employee Relations Committees : The Personnel Committee discussed extending the administration agreement with Nationwide Retirement Solution for 1 year so a RFP would not need to be done this year. The committee also briefly discussed the current CPI . (see attached notes) The Employee Relations committee primarily discussed the Best Companies to Work for in NY employee satisfaction survey. (see attached notes) Safety Committee : The committee discussed the fact that there hasn 't been any seasonal staff with injuries yet this season . There was further discussion on the training program and incentives for safe work for the 2009 season . Gail reported out on the Perma conference and the new Sun Safety Law. Fred reported on the recent PESH inspection and what has been abated and what is in progress . Bolton Point : Work has continued with the focus group on the employee satisfaction survey. Next step is to meet back with the managers and Personnel Committee . Budget worksheets were completed and submitted to Paul Tunison , GM . Training and Development : Final details for the picnic and morning training session have been finalized . Time was spent rounding up door prizes also . Personnel — Civil Service : Time was spent working on the union negotiations and attending weekly meetings . Time was allocated to the recruitment and interview process for the Director of Code Enforcement . First and second interviews were held in July, with an offer made contingent upon Town Board approval . A committee meeting for the Planning Board vacancy is scheduled for August 22nd . Currently there are 3 interested candidates, and 1 open position . Budget worksheets were completed and turned into the Budget Officer. Performance reviews were sent out and most have been returned . Commercial Insurance ( Ithaca Agency — Selective Insurance Company) : There was a small vehicle damage claim made regarding an employee's vehicle that was struck while parked at the PWF . 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 Draft July 31 , 2008 EMPLOYEE RELATIONS COMMITTEE Friday, July 11 , 2008 , 1 : 30 to 2 : 30 pm Town Hall Aurora Conference Room DRAFT NOTES Members Present: Pat Leary, Peter Stein, Tee Ann Hunter, Susan Ritter, Larry Salmi, Dani Holford Absent:Peter Middaugh, Paul Tunison, Don Ten Kate, Herb Engman Others attending: Judy Drake, staff support, Joe Slater 1 . Member comments and concerns Tee Ann Hunter, Councilperson , requested the meeting date and time be changed , since she works on Fridays . Meeting was changed to the 3rd Monday from 1 : 30-2 : 30 pm for August ( 18`h) . Judy to provide dates for September — December. Pat had comments about the minutes . Page 2 , 3rd full paragraph , change say to surmise. "There are only 2 people now at Town Hall, so it would be easy to Bray surmise if they don come in that they are probably at a call. " Page 3 , insert "employees present": "Summary: 4 out of 5 employees present agreed with the Sue 's principle of doing only a group town project. " 2 . Discuss results from Best Companies to Work for in NY Employee Satisfaction Survey Audio tape did not record — only general notes available . Idea of having more input for the employee newsletter was discussed . Idea was a roving reporter that shadows a person or group from another facility, and writes about experience for the paper. This would encourage cross knowledge of Town operations and was well liked by the group . Pat also wanted PW committee members to have the opportunity to ride in a truck or such . Another idea was to spot light a person , interview and then write an article about that person . Best Companies discussion (great deal of general discussion about survey used ) ■ There was not a universal view of who Sr. Leadership was (Town Board , Department Heads , Town Supervisor) ■ Need better definitions for next survey ■ Viewed that survey was too private industry driven and questions should be different next time . Is there comparative data available to other public sector organizations? ■ Some felt that survey questions did not fit the organization structure at that facility. ■ Larry emphasized that there is poor communication and they need to come talk with us more Judy emphasized that more information , feedback and ideas are needed . The idea of focus groups was tossed out but not decided on . More discussion scheduled for next meeting . Next Meeting : Monday, August 18 , 2008 1 :30 - 2 : 30 pm (Town Hall ) 1 it TOWN OF ITHACA PERSONNEL COMMITTEE Wednesday, July 2 , 2008 4 : 30 — 6 : 00 pm Aurora Conference Room DRAFT NOTES Members present: Peter Stein , Pat Leary and Tee Ann Hunter Others : Herb Engman & Judy Drake 1 . Committee member comments Pat made grammatical changes to the minutes . Time of the meetings was discussed and changed to start at 4 :45 pm versus 4 : 30 pm , but still end no later than 6 : 00 pm . August meeting was changed due to vacations to Monday, August 4th at 3 : 00 to 4 : 30 pm . 2 . Discuss extending Deferred Compensation Plan Administration Agreement for 1 year. Judy explained that the current rules for the Model Plan require the administration for the plan to be bid out every 5 years . However, the plan does allow the administration agreement to be renewed for a one year extension twice . Judy recommended the one year extension on the administrative agreement. There have been no issues raised that would cause concern for continuing the contract with Nationwide Retirement Solutions for a year. Committee agreed to send extension to the Town Board at the August meeting . 3. CPI Status The May to May Consumer Price Index (CPI-W) was passed out as a discussion point. If the formula used from last year the cost of living adjustment would be 4. 6 % . A 4% budget was given to the Budget Committee for discussion . The worksheets were handed out to alert the committee as to the raise of inflation . There was general discussion regarding the philosophy of how to deal with cost of living adjustments for the non union group and union group . No final decision was made . 4 . Consider Executive Session to discuss the personnel history of a particular employee(s) . ( if needed) Herb moved and Pat seconded committee going into executive session to discuss the personnel history of a particular employee (s ) and to update committee on collective bargaining negotiations . Peter moved and Pat seconded coming out of executive session . Peter stated that he didn 't think that adjustments should be made from job rate due to wage complaints. Peter thinks the S class should be adjusted to the amount that the 3 managers are being paid . Others did not agree . No further action taken . It was suggested to discuss in the future the job functions of the finance position , an office manager and the Public Works Department. Next meeting : August 4, 20089 3 : 00 — 4 : 30 pm. e Edit View Favorites Tools Help : . Town of Ithaca) NY ; r L i - a Government ' services Information Community Contact t. a . • 7 Network/ Record Specialist Report August 11 , 2008 Jebsite • Updates : o New page: Town of Ithaca Blog o Site of the Month : August = New York State Division of Budget and Finance . ■ Web Site Redesign o New photos added to page backgrounds , Town of Ithaca Blog page started . o Meetings continue with web designer Finger Lakes Webs on priorities for web redesign letwork 2008 Information Technology Surplus Resolution : Every year, the Network/Record Specialist creates a list of surplus IT equipment that the Board then declares as surplus equipment. This equipment has no replacement value to the Town , has been stripped of usable replacement parts and in the case of computers , the hard drives have been removed and destroyed . Many years ago , at the request of Town Board member Will Burbank, this surplus equipment was donated to Babbage' s Basement; a volunteer program benefitting the Sciencenter of Ithaca . In 2007 , our Town Attorney researched the NYS law surrounding municipal donation of surplus equipment and found that we would have to go through a bid procesc. in order to donate the equipment in a equitable method . At that time , it was determined that the quality of the equipment being donated and the time required to go through the bid process was more than what the equipme was worth . Therefore , this year as with last year, the IT Surplus Equipment resolution states that once the Towi Board declares these items as surplus , they will be taken to the Tompkins County Auction ; just as the Public Works surplus equipment is taken every September. .dditional : After preliminary discussion with Department Heads , the 2008 Information Technology budget worksheets have been submitted to the Town Budget Officer. I r ly OF ITS _ > TOWN OF ITHACA 18 zl 4� 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 July, 2008 Activity Report To date this year I have worked with 73 youth through the Student Work Initiative Program of those 30 youth have been placed at 19 sites with two youth pending placement . Of the other youth , 20 were given assistance locating other employment opportunities and were known to be successful in finding it . When teens qualify for positions " in the market place" I refer them to any known openings and have several local employers who give preference to my referrals . When a young person is placed I visit them at work at the job site and continue to receive positive feedback from youth , sites and parents . This year several young people learned they weren 't really ready for work because of other commitments and work was work ! Youth are taken on a first come , first served basis with 16 year olds and up with experience screened for market place opportunities . This year 11 of the sites are "first timers" so I ' ve spent a lot of time visiting , explaining , time cards and labor restrictions for youth . Hopefully this training will be an investment with sites willing to support youth in the future . This program is a particularly good investment in the youth of the community. Young people learn they can make a contribution , develop skills and self awareness with sites benefiting from the placement . For example : By the way , we took Emily F to CU yesterday to an S . E . E . D , event for staff . She was wonderful ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !. Emily was an enormous help , great with the public , fun to be with , quite capable to carry on an intelligent conversation on a variety of topics . . . very bright young lady . Good choice , Marnie ! If she needs an recommendation letters , I ' m happy to write one . Tammy Wise RSVP Director 121 West Court Street Ithaca , NY 14850 Voice ( 607 ) 273 - 1511 I ' m currently in process of completing the Joint Youth Commission application for next year. As my primary communication tool for the program has been the Town newsletter with the planned inclusion of all of the major apartment complexes into the mailing list I would anticipate an increase in demand . For informational purposes the Ithaca Youth Bureau Youth Employment staff is 8 people for a case of 151 youth . In addition I remain actively involved in the Transportation Equity Committee that resulted from the History Centers series on Equity Issues in Education at Ithaca High School . Several organizations locally are interested in sponsoring a youth Conference . High School junior Cameron Younger of Ellis Hollow presented a very comprehensive plan for one but youth were short on attendance . I ' ve supported the effort by attendance at the first meeting , mailings to participants in the SWI program and refreshments for meetings ( a usual draw for young people . ) It appears summer does not have a lot of "free" time for young people as the second meeting in spite of pizza was not well attended either. Any ideas for recruitment are appreciated . (The City' s potential youth council may be the ideal planning group for this as the Ithaca City School District is larger than the city the " make- up" may lead to another request for funds such as the Recreation Partnership for funding . ) I was ask to serve on the RSVP Advisory Meeting at Lifelong but after attending two long and difficult meetings determined it was not something I could commit to at this time and told Bill Hawley maybe in the future . This is a very important service to the community and if interested give Bill a call . Likewise I have had to access my workload commitments . As it was always the plan to launch the Tutelo Festival I determined this is the time . Audrey Cooper of the Multicultural Resource Center has additional staff and an active board involved . Rich Schoch and Laura Johnson Kelly will remain involved and I have confidence in their skills . As an aside after hours of time trying to turn Laura ' s paper sign into a more permanent medium the content is being reviewed for content by the Cayuga ' s and the Snipe ' s . I will be in touch with the funding source to determine next steps . I know we don 't want to give the money back ! I took information from the Transportation Equity Committee to the Recreation Partnership Board . As a member of the board ' s Program Committee we have dealt with issues of evaluation (the youth bureau has a comprehensive system in place and will be supporting that with the use of survey monkey to tabulate information through County Youth Services ) . We are also looking at populations served by participant "dotted " map . Preliminary results were very interesting and spread throughout the county. As there have been ongoing concerns about young people ' s ability to get there we want to keep them coming . Idle hands on the part of youngsters are not a good thing if unsupervised ! Tee Ann and I met and she has a very through concept for the community garden that she will be taking to the Operations Committee later this month prior to approaching a possible funder for a grant . I will be putting this material together for the meeting . This effort is seen as a potentially low cost , useful gathering place for neighbors on West Hill . Conifer recognizes the Towns need for access and has offered amenities within their facilities for programs to teach food preservation etc . I continue to provide service , answers , information and refreshments to the Ithaca West Hill Community Group who held a forum on July 27 , 2008 at Ecovillage . The topic was transportation and walking accessibility to downtown , I was also asked to participate in a discussion of the Whole Community Project which seeks to organize communities on plans to address issues of childhood obesity. Information from this group lead to the Town ' s application for the Safe Routes to Scholl Grant I completed . This is federal money and should not be affected by state budget woes . In the normal course of business Rich Schoch and I planned the POST project will supervise for the Town ; did a review and documentation of signage for the state play ground replacement grants and various meeting with groups such as Cal Ripken regarding use of Tutelo Field . As always I ' m available for questions . • �o�t� : �• s , �Cn aLt ,�cuow.�Ct Rg e50 k)AMI(i� 4WAT fWAA)C(A 1 t,5 TD 77Y-e 11965f Pox) I 4+"ti1 o�u o .4111 rx VP P'"° .4/�TE.� .4 iSTi�/C�v�S�i J e4"EZ 2. a6 3 3 51zis6, /4f5 ,4A ,VcuWciEV AiS „ 9 774 A� 7' y r! ti's 5 r, z9 .zoge, 7.�G Ct�ys �a�lo�J T. /S _ APVZ.4-71 -11NG Aaoc r. I r>oN b,y 5 .' 106A-oa�,u6 C�6�Z`s #..4VE ffZt# J �o s�O,cr fog 6Y 7769. FikC 7-'o tiAr2 Gf(: {Wkt C i`9r7Mb a. !W;�,4cl4k Ecgvrp�s�� D�a.�'�ss�s7. 1046UAH,(CA ) C-�ia,'r.- :>uBnrrW vaJ6 3 or zo a Sw (- - �15,4 "r - ,�OACV cvS'kf %SW1Y�” � _AWAIriA16 I --t5tOAS i ,P�TE�>c �j,�l�ir✓� �,.e_ , i j T S ?7 e�uu�o wtcs. ed ,u vX,Vg 04-5 SoOa 2,oc> ll gL9 .TtiC — T -cn , 1?yrarr� i 2 o b 9 (D D�,¢�Ti,uG /3t) Dpwcf zuBNI�A4. tva) H - TNe, 17v 104)p �� 11f1a SB JC' Z:AI19-0efo �3y TK ,,elate ,oT .4 uP rtfl; & O� (-rte ova-,.yrsStoa� es .4ti, 1, > I P 2008 REVENUE SUMMARY BY ACCOUNT JUNE Revised PCT Remaining REVENUE YTD REVENUE Collected REVENUE Average Mthly Projected Fire Code Inspection_ 1565 136 , 000 $25, 753 72 % 10,247 4 , 292 $51 , 506 Home & Comm Services 2189 10 $641 100 .-$641 107 1 , 282 Public Safety Services 2260 113,000 $930 7% $ 12,070 155 11 ,860 Fire Protective Services 2262 13,001 , 635 $986,453 33% 2,015 , 182 $ 164,409 1 ; 972, 905 Rental of Real Property 2410 13,000 $450 15% 12o550 75 1900 Rental of E ui ment 2414 10 $0 0% 10 0 10 Public Safety Permits 2550 16o5OO $4, 191 64 % 12o3O9 1699 l8t383 Fines & Forfeited Bail 2610 18,000 $2,215 28% $5, 785 369 4,430 Minor Sales 2655 150 $ 13 26 % 37 2 26 Sale of Equipment 2665 10 $0 0% 10 10 0 Insurance Recoveries 2680 15,000 $0 0% 15,000 0 10 Other Compensation for Loss 2690 50 $0 0% 50 0 10 Refund Prior Year Ex ense 2701 1200 $49 100 151 8 98 Gifts & Donations 2705 618,000 $0 0� 618,000 0 0 Unclassified Revenue 2770 10,000 $ 13 0% 9 ,988 2 25 Home & Communit Service 3989 0 $0 0% 0 0 0 $3,701 ,435 $ 1 ,020,707 27. 6% $2, 680, 728 $42,529 $2,041 ,414 2/08 40 JUNE 2008 Budget Program Account Balances W eC O C C h o C O C -p O o c p (O _ O _ O O o 0 04 W � C u N u u O N O. 'od' o > O) Z O O ; y h of 00 v O C E O p H C O N H W y C D N. W N N N W O iC Y) r' O u N ,n N N W M M en W LL O C a. rG j C C y 0 1. C O N W a N C ^ d C. N C p W O O u O p N V a d IL CO 1Q ^ W C O G u u a ^ m Q ` c G y L U N d Adman 366,098 105 185,491 12,435 2,487 5,596 16,315 14.524 9.948 249 622 247,665 32% Staff 4,556,678 110 117,652 1884242 23,530 1 , 176,511 705,906 44,708 91 ,767 2,353 2,353 2,353.023 360,000 125 48% OverTime ( 1 ,650) ('7., 3) 5,486 163,498 25,722 3,600 18,977 (3"985) 211 ,376 Furn & Fixtures 750 205 750 41 % 750 0% Office Equip 6,730 210 250 1 ,718 1 ,968 71 % Other E ul 70,954 225 ( 131 ) 15,588 0 26,841 1 , 159 43,456 Telephone 13,700 405 7,092 39% (22) 7,070 107,909 410 48% Willies 51 ,446 51 ,446 105,000 415 52% Clothes 0 37,757 0 34,544 0 72,301 Gas & OII 52,500 420 31 % 37,441 37,441 Office Ex en 8,250 425 3,576 29% 500 4,076 Contracts 67.921 435 9,973 45,005 51 % 600 55,578 63,000 440 18% Staff Devel 4,970 8,300 1 ,000 11 ,300 22,288 1 ,000 (9,567) 39,292 Travel 8,000 445 3,964 38% (583) 3,380 Insurance 109,000 455 46,385 587o 46,385 57% Pr m Su I 35,000 460 390 4,677 1 , 176 9,632 (97) 11 ,326 2,766 2800 470 29,870 , 15% Rental 1 ,659 48,500 475 1 ,659 41 % Pro Maint 36,532 . 36,532 161 ,000 476 25% E ui Malnt 4,000 4,316 76,565 3, 100 0 87,980 Equip Parts 78,500 477 45% 64,665 64,665 Bldg Malnt 81800 480 18% 6,550 6,550 26% 6,2310090 384 g43 214, 967 132,029 11370,853 1 , 106,375 80,494 113,309 2,602 2,975 (3,985) 3,402,463 45% 2008 Accounts.xls 7/2/08 am a dft - - - • � - . . . . • - • • • - • - • . o' tie Mail . T 3 , ' 11 / 11 • M Ml sell IIIIIIIIIIIIIIII MINE 1111 111 / 1 of WE MEN WE 11111 I Statistical Summary Board Report for June 2008 There are 34 , 530 records in the Incidents Table . Between Tuesday, January 1 , 2008 and Monday, Jun 30 , 2008 there were 2 , 055 incidents . Currently there are an average of 11 . 29 incidents per day. Average response time for the department is 4 . 55 minutes . The average duration of an incident is 19 .47 minutes . Dollar Loss by Day of the Week 350000 300000 Loss 250000 200000 g 150000 100000 ' - 50000 4z. SUN MON TUE WED THU FRI SAT Incidents by First Responding Unit 600 Runs 500 400 300 :> i 200 100 qs MOM 0 �Y O .- LO (0 0) CO (0 Co N C7 L � N N � O O O O O (Y) O It M O �t (0 It CO (') O O O O 0) 0) 0) W 0) M O W M 0) O m Average Response Time by Unit 30 25 Min . 20 15 10 5 IL4 ME F 0 1 Kiff O O CO O CO N CO LO d N N I�(0 O O O CO O CO O (0 q (D p-) O Statistical Summary Board Report for January through June 2008 There are 34 , 531 records in the Incidents Table . Between Sunday , June 1 , 2008 and Monday, June 30 , 2008 there were 330 incidents . Currently there are an average of 11 incidents per day. Average response time for the department is 4 . 33 minutes . The average duration of an incident is 19 . 78 minutes . Incidents by Hour of the Day 25 20 Runs f 15 w 10 r 5 n , g Y O LI % Cj^ S -ri ` h(d3 .MAST 5: .., flv. 'Mal I }.'.r'• 3'1 a6I •.. � f O O O O O O O O O O .�- N O W O O ` " N C•7 Incidents by Day of the Week 60 Runs 50 30 20 . 1 0 . SUN MON TUE WED THU FRI SAT Dollar Loss by Hour of the Day 10000 8000 6000 4000 2000 0 O .- N m V LO Cfl � CO p� O .- N � d Ln C4 r M O 0 , - 0 0 0 0 0 0 0 0 0 O r r r r � r t- r r N N N N Statistical Summary Board Report for January through June 2008 There are 34 , 531 records in the Incidents Table . Between Sunday, June 1 , 2008 and Monday, June 301, 2008 there were 330 incidents . Currently there are an average of 11 incidents per day. Average response time for the department is 4 .33 minutes . The average duration of an incident is 19 . 78 minutes . Dollar Loss by Day of the Week 10000 Loss 8000 6000 4000 2000 SUN MON TUE WED THU FRI SAT Incidents by First Responding Unit 80 Runs 60 40 ' fir; Ay '41 t 0 LO CD O C*) CD CO N Ch CD O O O O CO O It C7 O d CA (P CS) D) O O O 0) CA p) CA Average Response Time by Unit 30 25 Min . 20 15 i 10 5 ft: r - CD 0 0 0 Q CA P7 O M N ('') 0) � C) d7 M ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT July 2008 PERSONNEL STAFFING LEVELS 1 Chief 2 Deputy Chiefs 5 Assistant Chiefs 8 Lieutenants 48 Fire Fighters 64 On duty personnel 4 Recruit Fire Fighters 1 Fire Fighters on Injury Leave 1 Fire Fighter on Extended Illness Leave 1 Lieutenant on Military Service Leave 1 Fire Alarm Superintendent 1 Office Manager 1 Administrative Assistant 0 . 5 Financial Clerk Total employees as of 7/01 /08 — 74 . 5 Open positions — None MUTUAL AID CALLS — From : Cayuga Heights , Lansing To : Brooktondale , Dryden ( County Haz Mat Team ) SELECTED CALLS — No Report SUPPORT 35 Vehicle work orders were written and 20 were closed . Update on new pumper bids . TRAINING — See Attached report Submitted by : J . Thomas Dorman , Deputy Chief Date Printed : 7 / 2 / 08 Page 1 Monthly Training Hours by Training Block July 2008 Commissioners Report Station : ALL Shift : ALL Training Block Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Hours 01 FIRE PROTECTION AND ORGANIZATION ( 20 55 26 11 112 02 FIRE BEHAVIOR ( FIRE CONTROL) 118 1 119 03 EXTINGUISHERS 28 63 91 04 FIRE PREVENTION 32 17 3 37 . 5 89 . 5 05 PERSONAL SAFETY AND PROTECTIVE E 22 . 5 72 113 . 5 52 8 268 06 ROPES AND KNOTS 75 75 07 TOOLS AND EQUIPMENT 36 . 5 36 .5 08 GROUND LADDER PRACTICES 54 54 09 HOSE PRACTICES 8 68 76 10 FORCIBLE ENTRY 11 VENTILATION 12 12 12 RESCUE 53 . 5 81 64 85 . 5 70 4 358 13 SALVAGE AND OVERHAUL 14 COMMUNICATIONS (FIRE ALARM) 40 60 . 5 48 148 . 5 15 FIRE PUMPS 16 AERIAL LADDERS AND ELEVATED DEVIC 6 6 17 FIRE STREAMS AND HYDRAULICS (WATE 111 .5 111 . 5 18 HAZARDOUS MATERIALS AND RADIATION 2 12 14 19 NATURAL COVER FIRE FIGHTING 6 6 20 EMS (FIRST AID) 21 FIRE AND ARSON INVESTIGATION 10. 5 72 . 5 28 111 Totals by Month 430 185 446 379 326 . 5 60 . 5 0 0 0 0 0 0 1827 Prepared : 64 pato 40 Monthly Training H ARby Training Block July 2008 Commissioners Report Station : @ Shift : @ Training Block Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Hours 22 DETECTION, NOTIFICATION & SUPPRESS 113 26 139 23 APPARATUS - DRIVING , OPERATION AND 32 34 153 24 26 269 24 MISCELLANEOUS IN SERVICE 46 1 . 75 47.75 - 25 ICS/NIMS 24 24 26 OUTSIDE TRAINING 600 300 18 . 5 17 935 . 5 27 NYS FIRE ACADEMY COURSES 21 64 85 28 Out of state training / seminars 80 96 176 30 WELLNESS / FITNESS 17 . 5 4 . 5 12 . 75 3 . 5 38.25 Totals by Month 1108 559 .25 679 522 470 .25 64 0 0 0 0 0 0 3402 .5 Prepared : 6/30/08 Page 2 APPARATUS MILEAGE 6/08 ENG HOURS 6/08 MILEAGE 7/08 ENG HRS 7/08 JUNE MILEAGE JUNE ENG HRS NYSI DUE LOF DATE LOF MILES 901 38745 8131 39062 8164 317 33 4/ 1 /09 4/7/08 _ 36763 902 100919 9662 101038 9676 119 14 7/ 1 /08 1 /7/08 99545 903 33930 9882 34345 9935 415 53 8/31 /08 8/ 15 / 07 31339 904 29993 9671 29993 9671 0 0 9/ 1 /08 9/7/07 29918 905 48436 4125 48848 4160 412 35 12/ 1 /07 4/ 15 /08 47781 906 88284 3747 88904 3791 620 44 6/ 31 /08 12/3 /07 85321 909 25773 6976 26298 7045 525 69 5/31 /09 5 / 23 /08 25576 933 OOS OOS OOS OOS 6/ 1 /09 6/ 16/08 48305 939 44733 5463 45112 5506 379 43 6/30/09 6/20/08 45018 941 7907 365 8177 377 270 12 5/31 /09 5/23 /08 7787 942 1691 1691 0 6/ 1 /06 10/4/05 100840 943 1666 93 1746 96 80 3 3 /28/09 8/ 9/05 52750 944 55015 6767 55026 6772 11 5 7/ 1 /07 9/ 6/06 54790 947 71936 Not Available 0 4/30/08 1 /8/07 948 75824 75930 106 0 9/ 1 /08 9/ 11 /07 64519 949 2385 207 2431 209 46 2 7/ 1 /07 7/27/06 75587 961 10487 457 10798 471 311 14 7/ 1 /08 2/ 22/08 1206 962 7904 9068 1164 0 9320 963 Not Available 1 3218 0 1 / 11 /09 1 / 1 1 /08 7603 964 24682 2489 25445 2567 763 78 10/31 /08 9 /6/07 17061 965 80446 80586 140 0 8/ 1 /08 8/ 14/07 78314 966 97699 98012 313 01 3/ 1 /07 12/ 12/07 94475 o` P ut I1c .� U !S.1 .)A 1 ) .1M 1u 1 .it �.\\ 01 M .AMlurtuu.i c yiim .i :ru > Icitu ; l . liuni .u >iltll) Icnh,. l u \,.. 0.e IlBLls.113A -3.11 0. / J011.IJ 0.11 :.1 Xjnd0C1 suoS.113(I SUUIOgJ , ;) t. ` PO1IILLIgnS ( IIII jaadSO �l ' OUnI l0 LI1vOLLI aLlj U ! sLIO ! lOOdsLII IUOS JUD PI ! 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LLI0.1 II ! ls JULIJ slUleldLUOO S I PLIP ` 1110 POSO13 sjU ! eldulOO 6 O.IOm 0.101-1 . 1, ' ounl- LI1UOLLl OLII u1 slUrr. IdL1-100 y P0n1303.1 UOISIAI (I juaulOO.lOIu • 1 saPO -) OLI.1 . : u0 ! s ! n ! (l 1L13LLIOa.1OIU , I apo;) * 8002 0u111• .10.1 1.lodO.l s , ILLIS.ILIN x.11 , 1 31-11 s1 UIm011o1 Oq, l . : s.IagLLIZ) " P.IeOfI AUD(l OS8t7I AN 611013Llll IS U11.11 ) luOLU1.113CIO ( I 1.11 : I eal' Llll S.13u0 ! ss ! LLILUO .-) O.n : l JO P.100 � 1 8002 ` qjg ,Clnl. 4. 6LZ 7L7/LO9 : M' l !° 4t. i ZLZiLUt) Xut� d � � .� 1 �1�Q : 1 :• 1111 ;) ;• 1211 : 1rlILL : IO ': I ; ) I : I : IO 0(b�'� _�,_ _ G, L6 � OWJ I N ` 111 I � � 5 J 1 �k1 U14: hC - ' 1 } 10 A z L' 71; L 77.1 ` L177.It : ti7 --- . p : � Cb VDV-I,LI AO AA bJD� g13o � CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 MA@ � .� OFFICE OF THE MAYOR CAROLYN K. PETERSON Ap�RAT�O Telephone : 607/274-6501 Fax : 607/274-6526 MEMORANDUM TO : Department Heads FROM : Carolyn Peterson, Mayor RE : 2009 Department Budget Requests DATE : June 30 2008 The process of preparing the FY 2009 City Budget is underway. As a first step, please submit a preliminary budget request to the City Controller by August 1 , 2008 , as prescribed by the City Charter. After you submit your preliminary request, the Controller and I will schedule a meeting with you. I hope to start these meetings in mid-August. As in previous years, your budget templates will be available to you on Munis . All budgets are to be submitted using this software . The Director of Information Technology will provide tech support to you as needed . The Controller ' s Office can also assist with the Munis budget implementation process . As you know, we have made a number of gains in the last few years that have improved many areas of the city and have moved our community forward. You may also recall that the Controller and I had stated previously that 2008 was expected to be a challenging budget year. Each year we hope that the city will be on better and better stable footing. All our hopes and plans, though, are interconnected with the state and federal outlook. The state ' s budget is in a precarious situation with cuts still discussed for this current state budget. The federal situation is linked to the cost of oil which affects everything from food to gasoline to construction. This uncertain situation is coupled with higher costs expected (likely to be in health insurance, energy and fuel) and some expected/potential lower revenues (uncertain sales tax revenue, state aid, building permit fees) . Additionally, the property tax levy should be close to or possibly lower than last year ' s levy (no higher than 5 %) . This usual challenge is made even more challenging because the city ' s taxable assessment is 19 . 86%. These facts shape the following scenarios : A . Present a budget, which would represent a 1 % increase in overall spending from your 2008 budget, and would incorporate 2009 wage increases . This submission gives the city a measure against which to compare scenario B . 'An Equal Opportunity Employer with a commitment to workforce diversification . " 4f' fury B . Present a budget, which would represent a 3 . 0% increase in overall spending from your 2008 total budget including 2009 wage increases . We will be providing an extra budget template for you to submit this budget request. Please note that the intention here is not to reduce staff, but to create a budget with very modest changes from 2008 . In addition, if you have further increases or budget changes beyond the two guidelines above, you may list these separately in your 2009 budget submission as an optional budget. Be sure to provide necessary detail for these items, including associated costs . Please keep the optional budget a realistic request, as it will be considered carefully among all proposals . Most collective bargaining agreements are in place for FY 2009, so please check the contracts that impact your department. For those contracts not yet signed, please project for submission purposes, a 3 % increase . Please also include a 4% increase for management salaries not covered by contracts . If applicable, be sure 2009 projected salaries include any projected increases in salary for 2008 if contracts remain unsigned. The salary increases for contracts in place are as follows : CSEA Admin-4% CSEA DPW-4% PBA-3 . 75 % Fire-3 . 75% Exec-3 . 75 % (tentative) Funded vacant positions may still be carried forward, but the filling of any such positions is subject to approval . 2009 Budget Submissions, at a minimum, need to include : 1 . Brief description of the services your department provides to the city; 2 . Budget introduction which summarizes your budget and highlights any major changes to budget; include any possible retirements or changes in staff, 3 . Detail of personnel , include listing by name, title, hire date, 2008 salary, 2009 projected salary, accounts to be charged for each staff member; 4 . Summary listing of all department accounts : 2007 expended, 2008 budget, 2009 proposed budget; 5 . Detail listing of accounts and what is included in each (i . e . : account 5405 Telephone . includes all telephone charges needed for current staff levels, include cell phones) . Please be sure each budget scenario has the above detail included. it + 1 For departments that include program budgets — YB , GIAC , Fire, and Police — have summary total for each account and include detail for each program number. If applicable, please include any possible 2009 revenue adjustments for your department. Include possible revenue projections for 2009 and a schedule on when the revenue increase could be implemented. Consider the market value of the item and its relevance to city programs . If applicable, departments requesting staff increases please include any possible cost reductions associated with the staffing increase (i . e . : two additional staff would decrease overtime by $20,000) . NOTE : as of this writing, due to the budget pressures I feel it fair to say that new positions may be very unlikely. Each line of your program budget has a text section available . The following lines will need documentation : 1 . Any 200 line equipment purchases that cost $ 500 or more ; 2 . Line 430, Fees for Professional Services — indicate what type of professional services are to be performed and cost for each, 3 . Line 435 , Contractual Services — indicate nature of contracts and cost for each; 41 Line 440 , Staff Development — indicate nature and cost; 5 . Line 476, Equipment Maintenance — indicate all maintenance contracts/agreements . If you have any questions about your department' s budget before or after you submit it, please consult with me and/or the City Controller. Line Description Number of Civ. Casualties Property Number Fires Deaths Injuries Damage 1 1 . Private Dwellings 2 0 0 4500 2 . Apartments 3 0 0 1002 3 . Hotels & Motels 0 0 0 0 4 4 . All Other Residential 1 0 0 300 5 5 . TOTAL RESIDENTIAL 6 0 0 5802 6 6 . Public Assembly 0 0 0 0 7 7 . Schools & Colleges 0 0 0 0 8 8 . Health Care & Penal Institutions 0 0 0 0 9 9 . Stores & Offices 0 0 0 0 10 10. Industry, Utility, Defense , Labs, Manufacturing 0 0 0 0 11 11 . Storage in Structures 1 0 0 11000 12 12 . Other Structures 0 0 0 0 13 13 . TOTAL FOR STRUCTURE FIRES 7 0 0 16802 1 140 14a. Fires in Highway Vehicles 1 0 0 50 i 145 14b . Fires in Other Vehicles 0 0 0 0 150 15 . Fires Outside of Structures, Not Vehicles 5 0 0 0 160 16 . Fires in Brush , Grass & Wildlands 1 0 0 0 170 17 . Fires in Rubbish 0 0 0 0 1 18 . All Other Fires 1 0 1 0 19 . TOTAL FOR ALL FIRES 15 0 1 16852 20. Rescue, Emergency Medical Responses 125 0 0 0 210 21 . False Alarm Responses 127 0 0 0 220 22 . Mutual Aid Given 2 0 0 0 230 23a . Hazardous Materials Responses 6 0 0 0 235 23b . Other Hazardous Responses 11 0 0 0 240 24 . All Other Responses 44 0 0 0 j 250 25 . TOTAL FOR ALL INCIDENTS 330 0 1 16852 300 * Breakdown of False Alarm Responses * 0 0 0 0 301 1 . Malicious , Mischievous , False Call 8 0 0 0 302 2 . System Malfunction 31 0 0 0 303 3 . Unintentional 84 0 0 0 304 4 . Other False Alarms 4 0 0 0 400 * Intentionally Set Fires in Structures & Vehicles * 0 0 0 0 401 1 . Structure Fires - Intentionally Set 0 0 0 0 402 2 . Vehicles Fires - Intentionally Set 0 0 0 0 800 * Part II Large Loss Fires * ( Listed below, if any) 0 0 0 0 INCIDENT REPORT FOR JUNE 2008