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HomeMy WebLinkAboutTB Minutes 2012-12-28YEAR-END MEETING OF THE ITHACA TOWN BOARD December 28, 2012 10:00 a.m. AGENDA 1. Call to Order 2. 10:00 am Public Hearing regarding a 5-year contract on behalf of the Town of Ithaca Fire Protection District with the Village of Cayuga Heights Fire Department for fire protection services, hazardous material incident services and emergency medical first response sen/ices a. Consider Approval 3. 10:00 am Public Hearing regarding a proposed Sewer Improvement to be known as the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility a. Consider Approval 4. Discuss and consider appointment of new Town Board member 5. Discuss Committee Appointments 6. Resolution of Appreciation for Ellen Baer 7. Consent Agenda a. Approval of Minutes of December 10, 2012 b. Town of Ithaca Abstract 8. Consider Adjournment YEAR-END MEETING OF THE ITHACA TOWN BOARD December 28, 2012 10:00 a.m. Minutes Present: Herb Engman, Bill Goodman, Eric Levine, Rich DePaolo and Pat Leary Staff: Bruce Bates, Judy Drake, Sue Ritter, Paulette Terwilliger and Jim Weber Mr. Engman called the meeting to order at 10:05 a.m. Agenda Item #1 10:00 a.m. Public Hearing regarding a 5-year contract on behalf of the Town of Ithaca Fire Protection District with the Village of Cayuga Heights Fire Department for fire protection services, hazardous material incident services and emergency medical first response services Mr. Engman opened the public hearing at 10:05 a.m. There was no one present to address the Board. Mr. Engman stated that the Village of Cayuga Heights has not returned the contract from their final review. Mr. Engman left the public hearing open until such time as the contract is available for comment and consideration of approval. Mr. DePaolo asked about the language referring to the Town’s portion of worker’s compensation coverage for the firefighters. Mr. Engman responded that worker’s compensation is paid for by the Village of Cayuga Heights. The verbiage was reviewed and it was decided that any damage to capital equipment would be paid out of our portion of payments unless it was catastrophic at which point the board would have to discuss and consider replacement. Mr. DePaolo also noted that in the following section it states that the fire inspector can inspect any property in the town, not the coverage area. The words “inspect within the fire district should be added; it seems to be the intent of the paragraph, but should be changed. Ms. Hunter noted a typo in the percentages of increases which was changed to the correct number of 112%. Agenda Item #2 10:00 am Public Hearing regarding a proposed Sewer Improvement to be known as the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility Mr. Engman opened the public hearing at 10:06 a.m. There was no one wishing to address the Board and the hearing was closed. TB Resolution No. 2012-221: Adoption of a Public Interest Order regarding a Sewer Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C TB 12-28-12 Page 2 of 7 of the Town Law, to be known as the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility PRESENT: Herb Engman, Bill Goodman, Tee-Ann Hunter, Eric Levine, and Rich DePaolo Absent: Pat Leary WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility, and hereinafter also referred to as the “Improvement,” to provide such sewer Improvement including extensions, to the present Town sewer improvement, such sewer system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 13, 2012, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North th Tioga Street, in Ithaca, New York, in said Town, on the 28 day of December, 2012 at 10:00 A.M. Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, the Town Board has determined approval, construction and implementation of the Improvement are a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; Approved 1-28-2013 TB 12-28-12 Page 3 of 7 NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The Septage Receiving Facility Renovation will add a new underground storage tank, new food waste collection tanks and renovate existing tanks, together with related ancillary facilities, at the Ithaca Area Wastewater Treatment Facility located at 525 Third Street in the City of Ithaca. This project will include better screening and mixing systems to aid in the treatment of septage tank waste and other trucked-in waste, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $ 1,258,071.78, which shall be financed as follows: Ithaca Area Wastewater Treatment Facility co-owner City of Ithaca will issue bonds to pay for the City of Ithaca’s share of septage receiving facility improvements at the Facility as well as for the Town of Ithaca’s Improvement. The Town of Ithaca will not co-issue or be liable on the bonds. The Town of Ithaca will reimburse the City of Ithaca through a contract between the City of Ithaca and the Town of Ithaca. The Town of Ithaca’s contractual payments to the City of Ithaca will be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca sewer system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it Approved 1-28-2013 TB 12-28-12 Page 4 of 7 FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, that the permission of the State Comptroller is not required because the Town of Ithaca does not propose to finance the cost of the Improvement by the issuance of bonds, notes, certificates, or other evidences of indebtedness of the Town, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, aye; Bill Goodman, aye; Tee-Ann Hunter, aye; Eric Levine, aye and Rich DePaolo, aye Absent: Pat Leary The Order was thereupon declared duly adopted. Agenda Item #3 Discuss and consider appointment of new Town Board member Mr. Goodman moved the appointment of Rod Howe as Town Board member with Eric Levine seconding. Mr. Howe was sworn in by the Town Clerk. TB RESOLUTION NO. 2012 – 222 : Appointment Of Town Board Member Moved: Bill Goodman Seconded: Eric Levine WHEREAS, the passing of Town Board Member Nahmin Horwitz has left a vacancy on the Town Board; and WHEREAS, the Town Board Members wish to fill this open seat with a viable candidate who meets all of the criteria and qualifications needed for a Town Board Member in the Town of Ithaca; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca hereby appoints Rod Howe to serve as Town Board Member through December 31, 2013; and BE IT FURTHER RESOLVED, that Rod Howe will immediately assume the duties of a Town Board Member. Approved 1-28-2013 TB 12-28-12 Page 5 of 7 Vote: Ayes – Engman, Goodman, Hunter, Levine and DePaolo Absent: Leary Agenda Item #4 Discuss Committee Appointments Mr. Engman reviewed his list noting that he felt the Committees had worked very well this past year and he did not make many changes other than the obvious filling Mr. Horwitz’s positions. He also explained he wanted to chair the Public Works Committee to interact more with Public Works. Discussion followed with a couple of changes made to the Intermunicipal appointments. The appointments will be discussed and ratified at the Organizational Meeting. Agenda Item #5 Resolution of Appreciation for Ellen Baer TB RESOLUTION NO. 2012- 223: Recognition of Ellen Baer’s Dedicated Years of Service to the Community WHEREAS, Ellen Baer has served the Town of Ithaca with dedication for almost 4 years; and WHEREAS, Ellen was appointed to the Planning Board on March 9, 2009, and has served continuously on the Planning Board through December 31, 2012; and WHEREAS, the Town of Ithaca has greatly benefited from Ellen’s thoughtful consideration, devotion, intelligence, time, energy and her desire to serve our community in order to make it a better place to live; and NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration and gratitude to Ellen Baer for her distinguished and dedicated service to our community. MOVED: Tee-Ann Hunter SECONDED: Rich DePaolo VOTE: Ayes – Hunter, DePaolo, Leary, Levine, Howe, Goodman and Engman Agenda Item # Consent Agenda The minutes were pulled which left one item. TB RESOLUTION NO. 2012 -224: Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Approved 1-28-2013 TB 12-28-12 Page 6 of 7 WHEREAS , the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 3088 - 3181 General Fund Town wide 37,337.01 General Fund Part Town 6,829.64 Highway Fund Part Town 28,673.22 Water Fund 455,829.02 Sewer Fund 150,796.09 Fire Protection Fund 265,098.00 Risk Retention Fund Forest Home Lighting District 224.87 Glenside Lighting District 67.68 Renwick Heights Lighting District 94.32 Eastwood Commons Lighting District 191.46 Clover Lane Lighting District 22.90 Winner’s Circle Lighting District 66.01 Burleigh Drive Lighting District 78.49 West Haven Road Lighting District 256.53 Coddington Road Lighting District 151.76 Trust and Agency Debt Service TOTAL 945,717.00 Moved: Seconded: Rich DePaoloBill Goodman Vote : Ayes—DePaolo, Goodman, Hunter, Levine, Leary, Engman and Howe TB Resolution No. 2012 – 225: Approval of Minutes of December 13, 2012 WHEREAS, the draft minutes of the December 13, 2012 meetings of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes as the final minutes of the December 13, 2012 of the Town Board of the Town of Ithaca. MOVED: Tee-Ann Hunter SECONDED: Rich DePaolo VOTE Ayes – Hunter, DePaolo, Engman, Goodman, Leary, Levine and Howe Approved 1-28-2013 TB 12-28-12 Page 7 of 7 Other Business Mr. Engman discussed a letter from a Conservation Board member requesting reimbursement for incidental costs associated with service such as parking. He asked that the Board think about instituting a small stipend for the Conservation Board to cover out-of-pocket expenses that could be voluntary. He thought $20 per meeting would be sufficient. He noted that he would speak with Judy Drake about the logistics but felt that we don't want to exclude people from our boards and committees because they can't afford the expenses. Mr. Goodman noted that he and Ms. Leary will begin working on affordable housing needs and how to accomplish that. Consider Adjournment Meeting was adjourned upon motion and a second at 10:40 a.m. Submitte Paulette Terwilliger Town Clerk Approved 1-28-2013