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HomeMy WebLinkAboutTB Minutes 2012-04-09Meeting of the Ithaca Town Board Monday, April 9, 2012 at 5:30 p.m. ;F, ; 215 North Tioga Street, Ithaca, NY 14850 Agenda Cali to Order and Pledge of Allegiance 2. Report of Tompkins County Legislature 3. Report of Ithaca Common Council 4. Persons to be Heard and Board Comments 5. 5:45 p.m. Public Hearing Regarding a Local Law Amending Chapter 270 of the town of Ithaca Code, Titled "Zoning" to Add Stream Setback Provisions and Related Definitions a. Consider SEQR b. Consider Adoption 6. Consider Support of the Tompkins County Workers' Center Campaign to Increase the Minimum Wage in New York State to a Living Wage 7. Consider Resolution in Support of Fair Housing Month and Commemoration of the 44`h Anniversary of the Passage of the U.S. Fair Housing Law 8. Consider Resolution in Support of a Possible Consortium of Municipalities to Negotiate the Renewal of the Franchise Agreement with Time Warner Cable 9. Consider a Resolution Encouraging the Taxation of Natural Gas Extracted in New York State 10. Consider Referral of Revised Official Town Map to the Planning Board for Comments 11. Consider Approval for Award of Contract for the following: a. Northview Tank Replacement Project b. Hungerford Hill Tank Renovation Project c. Danby Road Tank Replacement Project 12. Consider Setting a Public Hearing Regarding Changes to Planned Development Zones No. 5: Limited Mixed Use — Chamber of Commerce and No. 1: Limited Mixed Use — Wiggins (La Tourelle) 13. Consider Setting a Public Hearing Regarding the Rezoning of Land from Low Density Residential to Agricultural for the Treegate Proposal Located at 1407 Mecklenburg Road 14. Discuss and Consider Budget Amendment for South Hill Trail Remediation 15. Consider a Resolution Approving and Authorizing an Undertaking with the New York State Department of Transportation 16. Discuss and Consider Approval to Create an Electrical/Code Enforcement Officer Position 17. Consider Approval of Proposed Settlement Agreement with Crane -Hogan Structural Systems, Inc. vs. City of Ithaca re. Ithaca Area Wastewater Treatment Plant Upgrades 18. Discuss and Consider a Setting a Public Hearing regarding a Waiver of Temporary Certificate of Occupancy Fees for Cayuga Medical Center Project 19. Consider Approval of Revised 2012 Salaries a. Bolton Point b. Town of Ithaca 20. Consider Consent Agenda Items a. Approval of Town Board Minutes ' March 12, 2012 & March 26, 2012 b. Town of Ithaca Abstract c. Bolton Point Abstract 21. Report of Town Officials 22. Report of Town Committees 23. Intermunicipal Organizations 24. Review of Correspondence 25. Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O ADVERTISEMENT D"NOTICE OF PUBLIC HEARINGS Re. "...Local Law Amending Chapter 270... Stream Setback Provisions ..." Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Po, g: 3/30/2012 Date o !` • 04101 012 Paulette Terwilliger Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 2nd day of April, 2012. Publ i` Debra DeAugistine Notary Public - State of New York No. 01DE6148035 Ouaiiffed in Tompkins County My Commission i^xpires June I9, 20 TOWN OF ITHACA PUBLIC NOTICE ' The Town Board .11 hold a i public heanng at 5ASpm. I at its Regular Meeting held I on April 9, 2012 at 215 N_ t Tioga St, Ithaca Regarding I a Local Lew Amending I Chapter 270 of the Town of r Ithaca Code. Titled Toa' . ing' to Add Streem Set. back Provisions and Relal- I ed Definitions. The draft to. { cal law can be found on our website at www.town.ilhaoa.ny.us un- I der Public Notices Please contact the Town Clerk with any questions Paulette Termlliger Town Clerk 3/31/2012 Meeting of the Ithaca Town Board Monday, April 9, 2012 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Minutes Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor; Pat Leary, Tee -Ann Hunter, Eric Levine, Rich DePaolo, and Nahmin Horwitz Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources and Paulette Terwilliger, Town Clerk Mr. Engman opened the meeting at 5:32 p.m. and led the assemblage in the Pledge of Allegiance. Mr. Engman added an agenda item with the Board's approval. Persons to be Heard and Board Comments Michael Hayes addressed the Board speaking on behalf of Lisa Bailey regarding her driveway on Snyder Hill Rd. He stated that her efforts to resolve an issue regarding her driveway not being returned to the way it was after the Snyder Hill repaving project have not been successful. He stated that the town did not let homeowners know that the project was happening and Ms. Bailey saved for years to get her driveway paved and then it was ruined during the project and not returned to its previous condition afterwards. He went on to say that she tried to work with the Town Engineer, Creig Hebdon and told him that she wanted her driveway left intact during the project. Her driveway was done by Mancini and Sons prior to the project and SuitKote was the primary contractor for the Town project with Spencer Paving as a subcontractor. Mr. Hayes contends that Spencer Paving did not make the driveway flush to the road as promised nor did they add the paving to the sides of the driveway that she had just had installed. Mr. Hayes stated that there is a 1.5" where the driveway portions meet. Mr. Hayes states that Ms. Bailey wrote a letter to the Town of Ithaca in December of 2011 and did not hear anything until 2 weeks ago. He added that they have stopped in 4 times so far and have had only the one call returned in late March of this year. He said that she is trying to understand why there is not quality assurance that the job is done correctly and why the process and letters have been ignored. He went on to say that an insurance representative did call 2 weeks ago and stated that there is no basis for a claim against the town and she would have to sue the subcontractors if she was not satisfied. Mr. Hayes doesn't see how she has any legal standing to do that because she did not contract with them. Mr. Hayes stated that he was here addressing the Board tonight to see if there was an alternative way to solve this issue without resorting to litigation and to ask why the town is not fixing this error. Seems that the contractor did not do the job correctly, but the Town is not making them fix their mistakes. Mr. DePaolo asked Mr. Hayes what actual relief is being sought? Mr. Hayes responded that the portion her driveway prior to the project had fill -its on both sides of her driveway that are no April 9, 2012 Page 1 of 24 longer there so it would be to recreate all that that was there before and to have the pavement that was put into place actually meet her driveway level instead of having an inch -and -a -half difference. He stated that all the other driveways on road meet level except hers and to do that without any cost to her. Mr. DePaolo asked if the improvements, namely the radials or side areas were on her property or in the right-of-way? Mr. Hayes responded that they were probably in the ROW but she had paid for them to improve safety and functionality. Mr. Engman asked if they received a written response from the insurance company and Mr. Hayes responded that they had not, only the verbal call. Mr. Engman then asked about his statement regarding Mancini coming in to add the inch -and -a -half of base coat and why was that not happening and Mr. Hayes responded that the town removed the base coat and did not replace it and Mancini was supposed to put the topcoat on. Mr. Engman responded that the board would have to look into this and check with the insurance company. Mr. Horwitz asked for a copy of notes that Mr. Hayes was reading from and Mr. Hayes submitted it to the board. (Attachment #1) Tompkins County Legislature Report Carol Chock started by stating that the legislature really appreciates that we have been reporting to them. She went on to say that they are pushing for more affordable housing distributed around the County. The Pine Tree Road development and bridge is being discussed by staff and the issue seems to be rounding of the bike path and trying to level it out a bit. The other major item is the county's road use law and they have decided to go with LaBella Associates to help implement the process. The goal is to design a process so those who are doing a project know how to contact the county so the municipalities will have a role to send the contractors to the county. She stated that whatever process they design will be available for the municipalities to use as well. Ms. Chock reported that the shared services grant to evaluate highway shared services was not submitted because the timing was not right and there were concerns from some municipalities and not enough lead time to explain the grant and allay those concerns. She reported that the state has put money in their budget to fight Hydrilla under "invasive species" and there may be more added, it is not a done deal, but looks promising. She reported that the legislature approved moving to the Old Courthouse and anticipates being there by late summer/early fall. Ms. Leary asked Ms. Chock is she knew the status of the resolution regarding the minimum wage increasing to a living wage and Ms. Chock responded that it has not come to full Legislature yet. Mr. Horwitz had questions about the Road Use Law regarding the bonds and how the the amount to be determined is not specified and could be challenged. She responded that if the developer uses more than 1000 trips and 30 tons they will be required to have a study done at the beginning April 9, 2012 Page 2 of 24 and the end so the cost of the bond will be determined then. Mr. Horwitz asked how the county will tell if the damage is due to normal wear and tear and who figures out what that amount of damage is that the contractor should not be charged. She reiterated that if a project is expected to trip the threshold, they would pay for the study and there are industry standards to determine normal use. Ms. Hunter noted that we are working on our Road Use Law and Mr. Goodman stated that the Public Works Committee has decided it will be using the County's law as a model but they are still discussing what the threshold or limit will be on trips and tonnage. Mr. Engman thanked the Legislature for agreeing that rifle use should not be permitted in the County. 5:45 p.m. Public Hearing Regarding a Local Law Amending Chapter 270 of the town of Ithaca Code, Titled "Zoning" to Add Stream Setback Provisions and Related Definitions Mr. Engman opened the public hearing at 6:02 pm. Resident #1 thanked the board for working on this legislation, stating that she lives on a stream and the erosion is incredible. She said that she has watched carefully how this has gone through the process and encouraged the Board to pass it and enforce it. Larry Fabbroni addressed the board and also thanked the town for the opportunity to comment. He stated that he still sees a problem with the law because of the different geology and slope and the town needs to refine and revise as it goes along because there are some streams that need a lot of protection such as the one in Coy Glen, but then there are others that cut across flat land and various conditions; in some areas a stream can cut right into a rock on one side but have no affect on the other side. He felt the map needs more work. He gave another example of a stream that comes down through Kendall Ave that he does not believe is 35 acres and possibly the photos used are old and a stream indicated on Mr. Monkemeyer's property that is a ditch that he cut and is intended to be a ditch along a road when his property is built. He congratulated the board on trying and suggested that maybe we should start with the major streams and continue to work on the rest. Resident #2 addressed the board stating that he lives along Fall Creek on a slightly less than a'/z acre lot and although he is very supportive of the law, his only disappointment is the exemption for properties under '/z an acre because he feels it could be stricter and the only prohibition is building new structures. He proposes basically taking E13 of the law which concerns the application of chemicals for zones 2 and 1 and apply them to smaller properties as well and include both herbicides and pesticide. He felt that it is not just an individuals choice for people bordering a watershed. Bruce Brittain addressed the board noting that his comments that were submitted prior to the meeting focus on some inconsistencies; there are areas where the same idea is being discussed but it is worded differently and this may cause confusion. Minor glitches that can be easily fixed and he is working with Ms. Ritter and the Committee. April 9, 2012 Page 3 of 24 Phil Greenburg addressed the board noting that he has recently purchased a parcel in Forest Home and he has some general questions. His parcel has does not go right back to the stream because there is a Cornell right of way there so what happens with that? Also, his neighbor's parcel is less than an acre but the creek bends so where do you measure from? In one portion of the property the stream may be yards away and in others feet. He did not understand the basis for the size delineations. Ms. Ritter and Mr. Goodman explained that the Committee looked at land that is undeveloped and tried to be fair and pick sizes that would not create an undue hardship to owners. They also tried to make it clear that existing conditions or things an owner does are allowed. He invited Mr. Greenburg to come to the Committee with specific questions regarding his property. Resident #4 addressed the board and stated that she was very glad the law is done and fully supports it. She stated that she lives on The Byway and is worried about her carport that she is planning on fixing and it seems she can't go higher under this law, which doesn't really make sense. Mr. Bates stated that it is his understanding that replacing in-kind is allowed but no increase in footprint. She also asked what would be allowed if a cave-in happened because it has happened before. Mr. Bates responded that emergency stabilization is always allowed and the permanent repairs would be what fell under this law. Mr. DePaolo thanked the public for their input and agreed that there are still some questions the board has to consider such as the ones voiced tonight. Mr. Goodman thought the law should be discussed at the Study Session and not in Committee and reminded the Board that we did receive a GML letter from the county requesting larger setbacks on the smaller streams so a super - majority would be needed. Ms. Ritter added that the map was intentionally not made an appendix to the law to allow for changes and adjustments and she thought she would take a few field trips to different areas to look at the streams mentioned. Mr. Engman stated that the public hearing would remain open until the next meeting. Consider Support of the Tompkins County Workers' Center Campaign to Increase the Minimum Wage in New York State to a Living Wage Mr. Horwitz made a brief statement that he requested appear in the minutes: "I will vote no because I believe passage can have a harmful affect. A 76% increase in the minimum wage all at one time would probably cause a decrease in the number of jobs available to unskilled workers; the very people you would like to help." Mr. DePaolo stated that he does not pretend to know everything about this issue but the likelihood of this gaining any traction in Albany is very slim so he considers this a purely symbolic and he agrees with the idea that people should make enough money to meet their daily expense. He will support this resolution on that very basic premise. He does not think this is a black and white issue. Ms. Leary stated for the record that she sent the board information on new a study by the Economic Policy Institute and state Senator Jeff Klein regarding jobs, and even though the level April 9, 2012 Page 4 of 24 considered in their study was different from that of the living wage, it indicated that raising the minimum wage from the current level would create more jobs because of the additional money earned by the million New Yorkers who would spend it. She went on to discuss a letter to Sen. Skelos to Senate Minority Leader John Sampson, who stated that the increase should "arguably" be greater than the proposed $8.50; even at that new rate, it would still be below the federal poverty level. Replying to an earlier objection by Mr. Horwitz, she noted that if the raise were implemented the way that recent increases have been done, it would not be all at once but over a period of years. We are not writing the legislation, we are voting on the principle of increasing the minimum wage and to continue to raise it to keep pace with inflation. Ms. Hunter echoed Mr. DePaolo's sentiments, but she has concerns about the repercussions and she felt there is a too big of a difference between $8.50 and $12.78 and that may be the tipping point, especially for small businesses, and not as many jobs will be created. Ms. Hunter thought it is a lovely sentiment, but we as a board need to careful about the bigger issues we take on and sweeping statements that she is not sure we can back up with fact nor does she know if the constituents want us grappling with this. She hopes that as we go forward we do not stretch our jurisdiction to areas we do not really have authority over. Ms. Leary stated that she tried to strike a balance in using staff time and other municipalities are weighing in on this. She added that during the Comprehensive Plan Committee, we talked about this also and a statement about taking a position on these types of issues. TB Resolution No. 2012 — 063 : Resolution in Support of the Tompkins County Workers' Center Campaign to Increase the Minimum Wage in New York State to a Living Wage Whereas at its regular meeting on February 26, 2012, the Town Board of the Town of Ithaca unanimously passed TB Resolution No. 2012 — 038: Resolution in Support of Increasing the Minimum Wage in New York State, which declared support for increasing the minimum wage to at least $8.50 per hour and index it annually to inflation, and urged the state legislature and governor to consider a substantially higher minimum wage to account for the losses in purchasing power in the minimum wage over the past 40 years, and Whereas the original goal of the minimum wage was to enable workers to live with dignity and, as expressed in the original legislation (the Fair Labor Standards Act of 1938), "maintain a minimum standard of living necessary for health, efficiency, and general well-being" and given that goal has been eroded by inflation over time, and Whereas based on the cost of living in Tompkins County, the Tompkins County Workers' Center has set the 2012 living wage, which is defined by Alternatives Federal Credit Union as the wage at which an individual working 40 hours per week without health insurance can meet the basic necessities of life, at $12.78 an hour, which includes $1.11 to allow an individual to purchase the Healthy New York insurance plan, and has called for the state minimum wage to match that level, and April 9, 2012 Page 5 of 24 Whereas the Town of Ithaca is a Living Wage Employer certified by the Tompkins County Workers' Center, Now therefore, be it RESOLVED that the Town Board of the Town of Ithaca declares its support for the Tompkins County Workers' Center campaign to increase the minimum wage in New York State to a living wage, and supports in principle raising the state minimum wage to a living wage based on the rationale developed by the Tompkins County Workers' Center, and be it further RESOLVED that copies of this resolution be sent to Governor Andrew Cuomo, New York State Senate Majority Leader Dean G. Skelos, Senate Minority Leader John Sampson, Assembly Speaker Sheldon Silver, Assembly Member Barbara S. Lifton, the Tompkins County Legislature, the City of Ithaca Common Council, and the local media. Moved: Pat Leary Seconded: Eric Levine Vote: Ayes — Leary, Levine, Engman, Goodman, Hunter and DePaolo Nays — Horwitz Motion passed 6 to 1 Consider Resolution in Support of Fair Housing Month and Commemoration of the 44th Anniversary of the Passage of the U.S. Fair Housing Law Mr. Engman stated that he received a request from the Board of Realtors asking that the Board adopt a resolution in support of the anniversary. Mr. DePaolo thought it was odd that someone can just send something in and we rubber stamp it. Where does it end? If we are not going to consider these things on their merit, they might as well go on the consent agenda. It is a process question because this struck him as odd that anyone can send something in and we will support it. Discussion followed. Mr. DePaolo moved to have the reference to the Board of Realtors removed from the resolution. Mr. Levine and Ms. Leary thought the reference was fine but did not feel strongly enough about it to hold up the vote. TB Resolution No. 2012 - 064: Support for Fair Housing Month and Commemoration of the 44th Anniversary of the Passage of the U.S. Fair Housing Law WHEREAS April 11, 2012, marks the 44th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, sex, disability, familial or marital status, national origin, age, blindness, hearing impairment, sexual orientation, military status, use of a hearing service or guide dog, and handicap, and encourages fair housing opportunities for all citizens and April 9, 2012 Page 6 of 24 WHEREAS Town of Ithaca, is committed to highlighting the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE BE IT RESOLVED that the Town of Ithaca does hereby recognizes that April 2012, being Fair Housing Month, begins a year-long commemoration of the U.S. Fair Housing Law in Tompkins County and urges all citizens to wholeheartedly recognize this celebration throughout the year. Moved: Herb Engman Seconded: Eric Levine Vote: Ayes — Engman, Levine, Hunter, Goodman, Leary, DePaolo and Horwitz Motion passed unanimously. Consider Resolution in Support of a Possible Consortium of Municipalities to Negotiate the Renewal of the Franchise Agreement with Time Warner Cable Mr. Engman gave a brief over view and status of the discussions going on. TB Resolution No. 2012 - 065 : Interest in Possible Consortium of Municipalities to Negotiate Renewal of Franchise Agreement with Time Warner Cable WHEREAS, the Town of Ithaca is provided cable service by Time Warner Cable; and WHEREAS, the Town of Ithaca recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and WHEREAS, the Town of Ithaca is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium to negotiate, on behalf of the Town of Ithaca, a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and April 9, 2012 Page 7 of 24 WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf, and NOW THEREFORE, it is RESOLVED, that the Town of Ithaca does hereby express interest in exploring the possibility of forming a consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and it is further RESOLVED, that the Town of Ithaca does hereby reserve the right to refrain from joining the consortium should the terms and conditions of joining the consortium prove to be unacceptable to the Board. Moved: Herb Engman Seconded: Tee -Ann Hunter Vote: Ayes — Engman, Hunter, Horwitz, Leary, Levine, DePaolo and Goodman Motion passed unanimously. Consider a Resolution Encouraging the Taxation of Natural Gas Extracted in New York State Mr. Engman explained that every other state has a taxation rate except NY and PA and we should be getting some kind of money from the extraction to help with costs and this is trying to attract attention at the state level. Ms. Hunter asked if other municipalities were considering the same resolution and he responded that they would be. Ms. Chock drafted the resolution for TCCOG because she is on the subcommittee looking at the financial aspects of fracking and the impacts to mortgages and the costs to homeowners. Ms. Leary was concerned that some people may look at fracking more favorably if the idea of taxing the extraction and making that revenue is encouraged. So although she agrees that government should recover some of the costs, she is a little hesitant. TB RESOLUTION No. 2012-066: RESOLUTION URGING THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO DEVELOP A BLEND OF REVENUE STREAMS AND OTHER TAXATION OF NATURAL GAS EXTRACTION AND TO ESTABLISH AN ACCURATE, TRANSPARENT, AND VERIFIABLE METHOD OF MEASURING AND REPORTING SHALE GAS PRODUCTION Whereas New York State is preparing to permit the process of extracting natural gas from the Marcellus Shale and possibly other areas in our region in the near future, and Whereas local governments have already incurred expenses in preparation for the extraction of natural gas and will incur further expenses such as repair of roads, higher social service costs, emergency services, etc., when this industry comes to town and before any ad valorem revenue is received, and April 9, 2012 Page 8 of 24 Whereas the Town of Ithaca already has spent an estimated $30,000 and many hours of time developing and adopting local laws to ban gas drilling and to protect its roads and is considering more legislation in the coming year to protect our residents, roads and infrastructure, and establish boundaries for the impacts of natural gas extraction in this town and surrounding towns, and Whereas, ad valorem tax on production is the only revenue source for local governments to offset the cost of incorporating the gas extraction industry into its community, and Whereas, ad valorem tax on production is not a revenue source for a municipality adjacent to one that has gas extraction, yet the adjacent community will also incur impacts and expenses from the gas extraction industry, and Whereas, the State and local process for levying the ad valorem tax on gas production has a built-in delay of a minimum of 3 years ( year 1 gas is produced, but not reported until year 2 when it is added to assessment role for year 3 when the gas producers are sent tax bills for year 1's production) between the time that the gas is extracted (not the well pad constructed, well drilled and pipelines connected) and the year the local government will receive revenue which means that under the current system, taxpayers will need to pay for the impacts of this industry on the local government and community before any revenue is received to offset those costs, and Whereas, other states that have hosted the gas and oil extraction industry for many years have a blend of fees and several taxes including ad valorem and severance to cover expenses to governments as they are incurred and not saddle the civil society with this burden, and Whereas the calculation for Unit Production Value (UPV) in determining assessment of natural gas in New York State has not been completed for tight shale gas deposits like Marcellus so any planning for ad valorem revenue from gas extraction is impossible yet the prospect for impact is imminent, and Whereas, the yet undetermined UPV is multiplied by industry self-reported gas production to determine the assessed value of given well, and Whereas, there is no independent oversight of the gas meters' accuracy, its installation, or its reading of extracted natural gas (self -reporting by the energy companies) which is an affront to the assessment process used for all other taxable properties within our County, Be It Resolved that the Town of Ithaca strongly urges the Governor and the New York State Legislature to develop a blend of revenue streams through fees and other taxation of natural gas extraction to provide funds for state and local governments when expenses are incurred, and Be It Further Resolved April 9, 2012 Page 9 of 24 That the Town of Ithaca urges the Governor to direct the Office of Taxation and Finance to establish, through an open and transparent process, the Unit Production Value for assessment of shale natural gas like Marcellus, and That the Town of Ithaca demands that the Governor and the New York State Legislature establish an accurate, transparent, and verifiable method of measuring and reporting shale gas production, and That this resolution be sent to our elected representatives at the state level and to the Tompkins County Legislature. Moved: Tee -Ann Hunter Seconded: Nahmin Horwitz Vote: Ayes — Hunter, Horwitz, Engman, Goodman, DePaolo, Levine and Leary Motion passed unanimously. Consider Referral of Revised Official Town Map to the Planning Board for Comments Mr. Weber noted the changes; the biggest being the mobile home park on Seven Mile Dr. That development was approved with a street system in it and that was omitted on the last map so they are identified at private roads and there are a number of Cornell streets/roads that have changed names so those changes will also be made if approved. TB Resolution No. 2012- 067: Referral of Proposed Changes to the Official May of the Town of Ithaca to the Planning Board for a Report and Recommendation WHEREAS, Section 270 of NYS Town Law authorizes the Town Board to establish an official map of that part of the town outside the limits of any incorporated city or village showing the streets, highways and parks theretofore laid out, and may also show drainage systems; and WHEREAS, the current Official Map of the Town of Ithaca was approved by the Town Board on June 6, 2010 and has not been changed or amended since then; and WHEREAS, Section 273 of NYS Town Law authorizes the Town Board to change or add to the official map of the town so as to lay out new streets, highways, drainage systems or parks, and any such change or addition to the Official Map must be referred to the Planning Board for a report thereon; and WHEREAS, the Director of Public Works has prepared a draft proposed, revised Official Map, dated March 2012, showing the current and proposed streets, highways and parks in the Town of Ithaca, which represents changes from the 2010 Official Map; and WHEREAS, the Town Board has discussed the draft revised Official map as described above at its regular meeting on April 9, 2012; April 9, 2012 Page 10 of 24 NOW, THEREFORE, BE IT RESOLVED, that the Town of Ithaca Town Board hereby refers the draft proposed, revised Official Map of the Town of Ithaca, dated March 2012, to the Planning Board for a report and recommendation. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes — Engman, Hunter, Horwitz, Leary, Levine, DePaolo and Goodman Motion passed unanimously. Consider Approval for Award of Contract for the following: a. Northview Tank Replacement Project b. Hungerford Hill Tank Renovation Project c. Danby Road Tank Replacement Project Mr. Weber explained that 2 of the 3 bids came in over budget and more importantly, over what was identified in the Public Interest Orders. In talking with the contractors, the price of steel and gas have gone up more than expected. Therefore, the public interest orders need to be redone and the Danby Rd project will not happen until next year because of the timing of getting in there when the students are off Mr. DePaolo was concerned about the trail being closed and Mr. Weber explained the project flow of machinery and there is no avoiding it. The proposal is to set the public hearings for the revised PIO's for the Study Session to get the process started and to award the Hungerford Hill Project. TB RESOLUTION No. 2012- 068: Authorization to Award Contract for Construction of the Town of Ithaca Hungerford Hill Tank Renovation Water Improvements and to Establish the Town of Ithaca Hungerford Hill Tank Renovation Water Improvements Capital Proiect Fund WHEREAS: On April 4, 2012, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Hungerford Hill Tank Renovation Water Improvements for the Rehabilitate the 500,000 gallon steel water tank located above Hungerford Hill Road to extend the service life another 15-20 years before replacement. The following work will be performed: • Coat interior of Tank (final coating material to be based on Health Department approvals) • Paint exterior of Tank • Replace Splash Pad with a concrete splash pad • Place a 50 foot long rock -lined channel from splash pad to water outlet • Rehabilitate the edges of Concrete Tank Base • Place a 2 -foot stone drip edge around tank with underdrain • Place new 8 -foot high chain-link fence around tank to meet new security guidelines together with related ancillary facilities, and WHEREAS: The Director of Public Works has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $228,000 for the total project made by Amstar of Western New York, Inc., 825 Rein Road, Cheektowaga, New York 14225, is a qualified bid, and April 9, 2012 Page 11 of 24 WHEREAS: At the December 12, 2011, Regular Town Board meeting under Resolution No. 2011-201 the maximum amount of $300,000.00 was authorized to be expended by the Town of Ithaca for this improvement, now therefore be it RESOLVED: that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Hungerford Hill Tank Renovation Water Improvements project to Amstar of Western New York, subject to final approval of the contract documents by the Town Engineer and Town Attorney, and be it further RESOLVED: that the Town Supervisor is authorized to execute such contract upon such approval; and be it further RESOLVED: that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $15,000.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project, and be it further RESOLVED: that the Town Finance Officer is directed and authorized to establish a "Town of Ithaca Hungerford Hill Tank Renovation Water Improvements" capital project fund to record all necessary and appropriate budgetary and cash transactions, and transfer $228,000 bid amount plus a $15,000 contingency to establish the construction account, and $9,000 for ancillary project and bonding costs, for a total capital project fund budget of $252,000; and MOVED: Bill Goodman SECONDED: Rich DePaolo VOTE Ayes — Goodman, DePaolo, Hunter, Engman, Levine, Leary and Horwitz Motion passed unanimously. TB Resolution No. 2012 -069: Order Setting a Public Hearing Regarding a Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Danby Road Tank Replacement Water Improvement PRESENT: Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Rich DePaolo, Eric Levine and Nahmin Horwitz. 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 water system improvements to be known and identified as the Town of Ithaca Danby Road Tank Replacement Water Improvement, and hereinafter also referred to as "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca, and April 9, 2012 Page 12 of 24 WHEREAS, said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for public inspection, and WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca Danby Road Tank Replacement Water Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed Improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: Replace an existing 500,000 gallon steel water tank with a 500,000 gallon water tank on the same site located above Danby Road, and other related ancillary facilities, and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid Improvement is $ 650,000.00. The proposed method of financing to be employed by said Town of Ithaca consists of temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water 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 WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 23rd day of April 2012, at 4:45 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is directed to publish a notice of Public Hearing regarding the aforesaid Improvement. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Moved: Tee -Ann Hunter, Seconded by Bill Goodman Ayes — Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Rich DePaolo, April 9, 2012 Page 13 of 24 Eric Levine and Nahmin Horwitz. The Order was thereupon declared duly adopted. TB Resolution No. 2012 - 070: Order Setting a Public Hearing Regarding a Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Northview Road Tank Replacement Water Improvement PRESENT: Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Rich DePaolo, Eric Levine and Nahmin Horwitz. 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 water system improvements to be known and identified as the Town of Ithaca Northview Road Tank Replacement Water Improvement, and hereinafter also referred to as "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for public inspection, and WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca Northview Road Tank Replacement Water Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed Improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: Based on the age of the tank and the deterioration of the steel the best option to replace the tank. The size of the new tank will be increased to 500,000 gallons to help stabilize system pressure when the Ridgecrest and Troy Road tanks are filling. By replacing the tank on the same site the amount of the piping and site work will be reduced, and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid Improvement is $ 550,000.00. The proposed method of financing to be employed by said Town of Ithaca consists of temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water system benefited area which are deemed benefited by said Improvement, so much April 9, 2012 Page 14 of 24 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 WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 23rd day of April 2012, at 4:46 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is directed to publish a notice of Public Hearing for the aforemention Improvement. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Moved by Rich DePaolo, seconded by Bill Goodman. Ayes — Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Rich DePaolo, Eric Levine and Nahmin Horwitz. Unanimous. The Order was thereupon declared duly adopted. Consider Setting a Public Hearing Regarding Changes to Planned Development Zones No. 5: Limited Mixed Use — Chamber of Commerce and No. 1: Limited Mixed Use — Wiggins (La Tourelle) TB Resolution No. 2012 - 071: Setting a Public Hearing Regarding Changes to Planned Development Zones No.S: Limited Mixed Use — Chamber of Commerce and No. 1: Limited Mixed Use — Wiggins (LaTourelle) BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of May, 2012 at 5:45 p.m. for the purpose of providing full opportunity for citizen participation and input in the preparation of a proposed local law amending the Zoning Chapter of the Town of Ithaca Code to Amend Planned Development Zone No. 5, Limited Mixed Use — Chamber of Commerce ; and it is further RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of May, 2012 at 5:50 p.m. for the purpose of providing full opportunity for citizen participation and input in the preparation of a proposed local law amending the Zoning Chapter of the Town of Ithaca Code to Amend Planned Development Zone No. 1, Limited Mixed Use — Wiggins (LaTourelle) ; and it is further April 9, 2012 Page 15 of 24 RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes — Goodman, DePaolo, Hunter, Levine, Engman, Leary and Horwitz Motion passed unanimously. Consider Setting a Public Hearing Regarding the Rezoning of Land from Low Density Residential to Agricultural for the Treegate Proposal Located at 1407 Mecklenburg Road TB Resolution No. 2012 - 072: Setting a Public Hearing Regarding Rezoning a Parcel of Land Located at 1407 Mecklenburg Road from Low Density Residential to Agricultural BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of May, 2012 at 5:55 p.m. for the purpose of providing full opportunity for citizen participation and input in the preparation of a proposed local law amending the Zoning Chapter of the Town of Ithaca Code to Rezone a parcel of land located at 1407 Mecklenburg Rd from Low Density Residential to Agricultural; and it is further RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Tee -Ann Hunter Seconded: Herb Engman Vote: Ayes — Hunter, Engman, Goodman, Levine, Horwitz, Leary and DePaolo Motion passed unanimously. Discuss and Consider Budget Amendment for South Hill Trail Remediation TB Resolution No. 2012-073: Budget Transfer for South Hill Trail Repairs WHEREAS during the Fall of 2011 a sink hole along the trail began to form as a result of the failure of a retaining wall which was installed as part of a "livestock crossing" and April 9, 2012 Page 16 of 24 WHEREAS the site has been reviewed by the Department of Public Works and discussed at the Public Works Committee and it has been determined that repair of the current failure will require the excavation and restoration of the trail and WHEREAS the Department of Public Works has estimated the cost of the repairs at $11,900. Now therefore be it RESOLVED that the Town Board authorizes the appropriation of $11,900 from the General Fund Unreserved Fund Balance for the project. Moved: Rich DePaolo Seconded: Eric Levine Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Consider a Resolution Approving and Authorizing an Undertaking with the New York State Department of Transportation TB Resolution No. 2012 — 074: Authorization to Enter into an Undertaking for the NYS Department of Transportation Right of Way WHEREAS, the New York State Department of Transportation (NYSDOT) requires municipalities to file an Annual Maintenance Permit and retain a $2,000 Surety Bond in order to perform maintenance, installation, construction and/or operations of facilities such as water and sewer on the State's highways and/or with the right of way controlled by the State; and WHEREAS, the said surety bonding is an expense for the Town in the amount of $200 per year; and WHEREAS, the NYSDOT now allows municipalities to authorize an Undertaking in place of requiring the $2,000 Surety Bond; Now, therefore, be it, RESOLVED, the Town Board of the Town of Ithaca hereby agrees to the terms and conditions specified in the Undertaking (NYSDOT PERM 1) and authorizes the Town Supervisor to execute the Undertaking with the NYSDOT and authorizes the cancellation of the Surety Bond. Moved: Rich DePaolo Seconded: Eric Levine Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Discuss and Consider Approval to Create an Electrical/Code Enforcement Officer Position April 9, 2012 Page 17 of 24 Mr. Horwitz asked if the previous person did the same duties and if so, why the change. Ms. Drake responded that after reviewing the department's needs which is done at the time of any position opening, it was determined that electrical and building inspection duties was needed and the prior position did not do electrical inspections. Ms. Drake went on to explain that for years, an outside state subcontractor did electrical inspections but that the state stopped that and the Town hired an electrical inspector at that time. By changing the requirements, it gives the department more flexibility to suit our needs. TB Resolution No. 2012-075: Creation Civil Service Classification: Electrical & Code Enforcement Officer WHEREAS, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations, which requires the Town to create a position and approve the job description before making an appointment; and WHEREAS, there is a vacancy in the Sr. Code Enforcement Officer position, which will not be filled or funded, as recommended by the Director of Code Enforcement, so that another position could be funded and filled; and WHEREAS, the Town Personnel and Organization Committee has determined the appropriate position to be created, filled and funded is an Electrical & Code Enforcement Officer; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: (One) — Electrical & Code Enforcement Officer And be it further RESOLVED, the Town Board does hereby approve the attached job description for the said position and with it being in the Job Classification "N; and be it further RESOLVED, the Town Board approves of the hiring of this position in 2012 in place of the Senior Code Enforcement Officer position that was fully funded in the 2012 budget. Moved: Pat Leary Seconded: Tee -Ann Hunter Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. April 9, 2012 Page 18 of 24 Consider Approval of Proposed Settlement Agreement with Crane -Hogan Structural Systems, Inc. vs. City of Ithaca re. Ithaca Area Wastewater Treatment Plant Upgrades TB RESOLUTION NO. 2012- 076: APPROVAL OF PROPOSED SETTLEMENT OF CRANE HOGAN STRUCTURAL SYSTEMS, INC. V. CITY OF ITHACA WHEREAS, the case of Crane Hogan Structural Systems, Inc. v. The City of Ithaca, New York was filed in Tompkins County Supreme Court and involves a contract dispute about delay damages Crane Hogan alleges it incurred as general contractor for a project known as the Tertiary Phosphorus Removal Upgrade Project at the Ithaca Area Wastewater Treatment Plant ("IAWTP"); and WHEREAS, the City of Ithaca, Town of Ithaca, and Town of Dryden are co-owners of the IAWTP, and pursuant to their Joint Sewer Agreement dated December 31, 2003, they are jointly and severally liable for the defense and payment of claims arising out of the construction of the IAWTP, with liability apportioned in proportion to the interests of each owner in the IAWTP or in accordance with such other methods as the owners may agree; and WHEREAS, the complaint by Crane Hogan Structural Systems, Inc. ("Crane Hogan") seeks payment in the approximate amount of $150,000, exclusive of interest; and WHEREAS, the attorney engaged by the owners for IAWTP matters has filed an answer on behalf of the City denying the claims asserted by Crane Hogan; and WHEREAS, following negotiations and a mediation session between the parties, Crane Hogan has agreed to settle its claims in exchange for a payment of $65,000 by the City; and WHEREAS, said settlement will conclude this litigation, and will preclude any further claims by Crane Hogan related to the IAWTP construction contract; and WHEREAS, the SIC anticipates recommending approval of the agreement at its April 11, 2012 meeting. Now therefore be it RESOLVED, that the Town Board of the Town of Ithaca hereby approves the attached Settlement Agreement and General Release and further approves payment not to exceed $65,000 from Capital Project Account 409J (Wastewater Treatment Plant Upgrade Phosphorus Removal Project) in full settlement of Crane Hogan's claims, which amount is in the current authorization of said Capital Project, and which account has been funded by the IAWTP owners in proportion to each owner's permitted capacity in the IAWTP, as provided by the Joint Sewer Agreement; and be it further RESOLVED, that the Town Board hereby authorizes the Mayor of the City of Ithaca, upon the advice of the Attorney for the Town and City Attorney, to execute the Settlement Agreement and April 9, 2012 Page 19 of 24 General Release and all other documents necessary to implement the settlement referenced herein. Moved: Rich DePaolo Seconded: Eric Levine Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Discuss and Consider a Setting a Public Hearing regarding a Waiver of Temporary Certificate of Occupancy Fees for Cayuga Medical Center Project Mr. Horwitz asked what the philosophy of the Board was regarding when fees should be waived and wondered if our costs would be covered. Mr. Bates responded that he is putting together the numbers and a proposal that the Medical Center agree to pay any costs over the initial building permit to ensure the Town's costs are covered. Mr. Bates read from the Town Code which describes which types of fees can be waived by whom and the need for a public hearing on the question of waiving temporary certificate of occupancies. TB Resolution No. 2012 - 077: Setting a Public Hearing Regarding a Request from Cayuga Medical Center for a Waiver of Temporary Certificate of Occupancy Fees Associated with the Surgical Wing Expansion Proiect BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of May, 2012 at 6:00 p.m. for the purpose of providing full opportunity for citizen participation and input regarding a request for a waiver of Temporary Certificate of Occupancy Fees associated with the Cayuga Medical Center Surgical Wing Expansion Project; and it is further RESOLVED, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Herb Engman Seconded: Pat Leary Vote: Ayes — Engman, Leary, Levine, Horwitz, Hunter, DePaolo and Goodman Motion passed unanimously. Consider Approval of Revised 2012 Salaries TB Resolution No. 2012-078a: Approval of Southern Cayuga Lake Intermunicipal Water Commission Employee Wages for 2012. WHEREAS, the Town Board approved the proposed wages for Southern Cayuga Lake Intermunicipal Water Commission's (Commission) non union and IUOE collective April 9, 2012 Page 20 of 24 bargaining employees for the year 2012, during the budget process in November 2011, but was unable to include the UAW collective bargaining employees as the agreement was not yet settled; and WHEREAS, the UAW collective bargaining agreement has been approved by the Commission at their March 8, 2012 meeting; and WHEREAS, the Tompkins County Civil Service requested a new resolution with the accurate wages for 2012 for all the employees of the Commission as presented on the attached sheet; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the said wages for the Commission's employees for the year 2012 as presented, and to be filed in the Human Resources Office for compliance with Civil Service. Moved: Pat Leary Seconded: Nahmin Horwitz Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. TB Resolution No. 2012 — 078b: Approval of Employee Wages for 2012 with PWD Collective Bargaining Unit WHEREAS, the Town Board of the Town of Ithaca has finalized a renewal contract with the Public Works collective bargaining unit, which sets forth a wage increase of 2.0% for 2012 (see attached); Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the said wages for the Public Works collective bargaining unit for the year 2012 as filed in the Human Resources Office. Moved: Pat Leary Seconded: Nahmin Horwitz Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Added Item: Consider Appointment of a Zoning Board of Appeals Alternate Member Ms. Drake reported that they have interviewed people for both the Planning Board and the ZBA and Mr. Dixon served on the ZBA before and would like to return. TB RESOLUTION NO. 2012-079: APPOINTMENT OF ZONING BOARD OF APPEALS ALTERNATE MEMBER WHEREAS, there is a vacant Zoning Board of Appeals alternate member position; and April 9, 2012 Page 21 of 24 WHEREAS, an interview committee interviewed the individuals interested in the vacant position; Now therefore be it RESOLVED, that the governing Board of the Town of Ithaca hereby appoints Andrew Dixon of 179 East King Road, Ithaca, New York, as an Alternate member to the Zoning Board of Appeals to fill a term beginning April 9, 2012 and ending December 31, 2012, as this position is a one year term appointment. Moved: Bill Goodman Seconded: Eric Levine Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Consider Consent Agenda Items a. Approval of Town Board Minutes (PULLED) b. Town of Ithaca Abstract c. Bolton Point Abstract TB Resolution No. 2012-080b: Town of Ithaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1952-2004 General Fund Town wide 31,463.82 General Fund Part Town 1,710.80 Highway Fund Part Town 33,191.10 Water Fund 23,881.84 Sewer Fund 280,158.13 East Shore Drive Water Main 44,740.25 TOTAL 415,145.94 Moved: Pat Leary Seconded: Nahmin Horwitz Vote: AyesDePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. April 9, 2012 Page 22 of 24 '"N%' TB Resolution No. 2012-0800: Bolton Point Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 849-904 Check Numbers: 13724-13779 Burdick Hill Tanks Project $ 3,930.00 Operating Fund $ 38,932.00 TOTAL $ 42,862.00 Less Prepaid $ 4,044.32 #On,* TOTAL $ 38,817.68 Moved: Pat Leary Seconded: Nahmin Horwitz Vote: Ayes—DePaolo, Levine, Hunter, Engman, Horwitz, Leary and Goodman Motion passed unanimously. Approval of Minutes of March 12, 2012 Minor changes were made to the submitted draft. TB RESOLUTION NO. 2012- 081: Approval of Minutes of March 12, 2012 WHEREAS, the draft minutes of the March 12, 2012 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, with changes, as the final minutes of the March 12, 2012 of the Town Board of the Town of Ithaca. MOVED: Bill Goodman SECONDED: Tee Ann Hunter .W., VOTE: Ayes – Engman, Goodman, Leary, Hunter, Levine, and DePaolo Absent: Horwitz April 9, 2012 Page 23 of 24 Report of Town Officials Ms. Ritter asked the Board to hold on to the SEQR form for the Stream Setback law for the next meeting. Report of Committees Ms. Drake reported that the Employee Relations Committee discussed changing the Board luncheons to quarterly and it was decided that April 27`h would be the first of the luncheons at Town Hall. Consider Adjournment The meeting was adjourned upon motion and a second at 8:05 p.m. Respect ul submitted Paulette Terwilliger Town Clerk April 9, 2012 Page 24 of 24 /410� W Fr9M the desk of Michael Hayes C� ��+�' r+ , why no caring or reverenceKfor property owners�iin town or their home/investments???? Lack of notice to homeowners to project (� L� C 1vL�c �L S Hca PrL L l -'C V) c { 7� `State law doesn't require us [13 dept] to notify affected homeowners, we [only] comply with state laws and beyond that - tough luck! ` - _.,• . Y g ��.� � ,�, `.�; . mac• What is this for a way t� operate a town/community anyway?????? Lack of awarenessof public hearing process,, Why?? After public hearings, town employees doLhatever they want to it seems, why?? At the outset I was working in TEB as pilot, LSB at home LSB has studio in home, customers come and go t -F fpm -8 pm LSB had saved some 2 years to pave driveway. That S work was recent and cost $6,000. Designed and built by Frank Mancini. He fixed grade issue and built radius' or filets on both sides where new drive met road O'" to allow wheels of cars to stay on driveway when turning inlout 340 North Sunset Drive Ithaca, NY 14850 From the desk of M Michael Hayes 6 Topcoat was due year later to allow to settle, was due last fall. 1 5 P Unexpected road pitte Frank vs spencer paving for contract wltown I1� Her cost to top coat doubled when spvng got contract, she could not afford,S - Calls before her driveway was torn up asking to just leave in place to Craig at hiway dept. I called repeatedly from work in nyc area to try to help wlresolution. Lsb worked with Spencer by phone once to no avail, him saying it would be a shame to dig up. Town didn't supervise subcontractors adequately during work; suit cote saw cut driveways w/o contract in place to authorize that damageM Spencer paving did not comply with their contract according to Craig. 340 North Sunset Drive Ithaca, NY 14850 From the desk of Michael Hayes LSB driveway dug up/destroyed at end. What was put back was less than what was _ destroyed. Spncr did not pave the new connector flush with existing drive ay. y left it up one and a half inches /f 1.1 �y�`' ► above -sal doe t plow correctly. Both radius are missing, end is more narrow. This was spncr effort to get her to agree to pay them twice what the top coat was worth. No quality assurance by town during the project, WHY, why incompetent? ( l Wrote letter to Town dropped off 29 Nov 2011. Went back 4 times trying to get response, first response was in March 20102 by Judy Drake. Insurance co finally called late March 12. Deirdre of ins co blames everyone else but town for problems. Ins co said town not accountable for errors and shortfalls, that LSB must sue Spencer and Suit Kote for their errors. Why the insurance co run around? , L 340 North Sunset Drive Ithaca, NY 14850 r From the desk of Michael Hayes LSB has no standing to sue subcontractors, no contractual basis exists between parties, only between town and LSB. Why must a resident SUE to get errors corrected, what the F?! Hiway dept today said "we allow you to build our driveway across our right of way" REALLY! What happened to getting this corrected reasonably or even better just making sure it is correct as it progresses? Town doesn't own her driveway improvement and cannot destroy it just because it is on "their" easement can it? is this the image you want? Is her litigating this what the Town prefers?TM WHY???? What can you as representatives do for her, will you do for her here???? 340 North sunset Drive �V �� -T-L l� L�� l Ithaca, NY 14850 Proposed Amendment to the Stream Setback Law Expanding Restrictions on the Application of Herbicides and Pesticides: Parcels .5 acre or smaller in size are exempted from nearly every restriction in the proposed law. While in some cases this exemption seems warranted, as subjecting small parcels to the minimum stream setback widths given in 270-219.5(D)(7) Table 1 could greatly restrict a property owner's control over virtually his or her entire parcel, there is at least one example in which it goes farther than is necessary or advisable. The application of herbicides and pesticides, except as allowed under 270-219.5(E)(13) (a) and (b), is never necessary, and many of the most commonly used chemicals travel easily through airborne drift during application and subsurface water flows thereafter, to the detriment of the water quality goals of the proposed law. Given that mulching or hand weeding of undesired native plants (under 270-219.5(E)(1 3)(a) and (b), herbicides may be used for the selective control of non-native invasive species) is quite feasible for a plot of this size (.5 acre or less), and insect pests may be controlled through the introduction of beneficial insects or use of baited traps, it is reasonable to subject all streamside properties to the restrictions on herbicide and pesticide application described in 270-219.5(E)(13): Application of herbicides, pesticides, fertilizers or other chemicals (is prohibited], except the following applications are allowed: (a) The selective application of herbicides to control non-native invasive species, and the selective application of pesticides to protect native plant species; and (b) Application of herbicides, pesticides, fertilizers or other chemicals for the protection of human or animal safety, or for agricultural purposes for farms, in accordance with product label instructions and pursuant to applicable New York State laws and regulations Note that, while 270-219.5(E)(13) covers the application of fertilizers, as well as herbicides and pesticides, it is proposed that only the application of herbicides and pesticides be restricted for parcels .5 acre or smaller in size; fertilizer application would still be allowed, to the extent currently permitted. So as to simplify the calculations required of individual property owners, in the spirit of 270-219.5(D)(1 2)(a) as currently written, a stream setback width of 35 feet (the minimum combined zone 1 and 2 setback width provided for in 270-219.5(D)(7) Table 1) could be made applicable to parcels .5 acre or smaller in size. It is therefore proposed that 270-219.5(D)(12)(a) be amended to read: (a) Except as concerns the application of herbicides and pesticides, the required setback width is 15 feet regardless of drainage size, and no setback width adjustments are required for streamside wetlands or steep slopes of 25 percent or greater. With regard to the application of herbicides and pesticides, the required setback width is 35 feet regardless of drainage area size, and no setback width adjustments are required for streamside wetlands or steep slopes of 25 percent or greater. Within the 35 -foot setback, the application of herbicides and pesticides is prohibited, except as allowed under 270-219.5(E)(1 3)(a) and (b). ITHACA ESTATES REALTY LLC Residential, Commercial and Investment Properties � 123 KING ROAD EAST ITHACA, NEW YORK 14850-9478 April 9, 2012 Town of Ithaca Town Board 215 N. Tioga Street Ithaca, New York 14850 Re: Proposed Stream Set back Law Dear Sirs, icw"-t VA if 3 (607) 273-9300 / FAX (607) 277-8197 E -Mail: IthacaEstatesRealtyClatt.net www.ithacaEstatesRealty.com APS; 0 j 2012 of rTJACA object to the classification of a drainage swale on my property being classified as a "Stream". The private drive was graded by Robert Drake in 1983/84 as new roadway connecting King Road East with Route 96b. A culvert was installed at both ends. The state highway department removed the culvert at the route 96b connection for "culvert under sizing" reasons. When the Montessori School was developed, the school made use of this private drive as their R.O.W. driveway entrance on the King Road East end. The private drive was built with swales on each side the roadway and the swales have three culverts that cross the roadway and allow access to other parts of the property and allow waters to flow. The waters that pass through these swales occur only during rainy periods of time. It is not a constant flow of water. The swales become dry in the Spring, Summer, and Fall months. The Driveway is mowed and the swales are dug out when needed with my backhoe. This private driveway is used by myself, my tenants, Ithaca College Students, trespassers and dog walkers! My future plans are to use this private drive as a main collector roadway and the swales will be put underground in storm drains / culverts to carry water flows off of the property. Please remove this classification as a stream! It is not! See Attached Map. Sincerely your ^ e Evan N. 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