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HomeMy WebLinkAboutTB Minutes 2012-07-09 Meeting of the Ithaca Town Board Monday, July 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, Rich DePaolo, and Nahmin Horwitz Staff Present: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Jim Weber, Director of Public Works; Mike Solvig, Director of Finance; Susan Brock; Town Attorney; and Debra DeAugistine, Deputy Town Clerk Mr. Engman called the meeting to order at 5:33 p.m. He added an agenda item with the Board’s approval. Persons to be Heard and Board comments Mr. Horwitz commented that there had been a small amount of email regarding hydrilla and wondered whether the Board would be interested in scheduling a short 15- or 20-minute presentation on the topic. Mr. Engman said it would take at least half an hour for a presentation. Mr. DePaolo stated that the Board knows it’s a problem, but asked how much the Board would be willing to allocate towards the effort. The IO, to which the Town is a member and contributor, contributes a fairly high percentage of its budget towards the floating classroom, which is coordinating the citizen- monitoring effort. He would be interested in knowing exactly what any contributions would pay for and who would spearhead the effort. He suggested doing an internet search for “hydrilla, Florida” to get an idea of what we’re dealing with. Mr. Engman said he would invite someone to the study session to discuss who is doing what and to find out what is still needed to deal with the problem. Ms. Hunter noted that the State has provided funding for controlling the problem. She would want to find out how much of those funds were for Cayuga Lake and also how the Town could support the effort through education. Regarding the letter from the Forest Home Improvement Association’s proposal for a small park, Mr. Horwitz asked whether the Town could own that land and let people use it but not declare it as a park. Mr. Engman said that the Town would lease the land, not own it. Ms. Brock stated that it could become parkland even if it’s not called a park. There’s more flexibility if it’s leased because it won’t be subject to parkland restrictions – once something is a park, it can never become something else. Mr. Engman stated that the Town doesn’t treat all our parks the same as far as maintenance because they all have different requirements. Mr. Goodman suggested taking it up at the next Public Works Committee meeting. Mr. DePaolo asked how the Town wants to deal with the shooting range, saying that everyone wants our law enforcement people trained, but perhaps the neighborhood has changed since that facility opened. Right now it seems like it’s used at random times, so he wondered whether there should be a schedule or set hours when it could be used. Mr. Engman said he emailed the mayor and mentioned that the person complaining was concerned specifically about the automatic weapons fire going on and on. He walked the site and thought it could tie in with the discussion about the water supply because it’s within the same watershed. There are firing ranges in Newfield and Danby; maybe something could be worked out to also share their facilities. He is also concerned about the abandoned vehicles on that site that have been there for several years. He checked into lead contamination, but it seems not to be a problem. Mr. Bates said he talked to the police chief and sent him a copy of the noise ordinance. The worst-case scenario is that they’d have to get a noise permit. He also talked to Constance Bruce [the complainant] and confirmed that her chief concern is the automatic weapons fire. The police chief is concerned that the area is being developed; this could be a problem for them. Mr. Engman pointed out that there had never been a complaint prior to their using automatic weapons. Ms. Hunter thought there might have been a complaint many years ago. Consider Setting a Public Hearing regarding proposed changes to the Official Town Map Mr. Engman opened the public hearing at 5:52 p.m. TB RESOLUTION NO. 2012-129: Setting a Public Hearing Regarding Changes to the Official Town Map 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 dates back to July 2010 and has not been changed or amended since then; and WHEREAS , the Highway Superintendent/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 July 2010 Official Map; and WHEREAS , the Town of Ithaca Planning Board reviewed the draft Official Map, dated March 2012, and held a public hearing on the draft Official Map at its meeting on May 1, 2012; WHEREAS , the Town of Ithaca Planning Board recommends that the Town Board adopt the proposed revised Official Map with changes further identified by the Highway Superintendent/Director of Public Works, plus the additional change of the elimination of the loop road serving the Cornell golf course and Moakley House; and now therefore be it, RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 th North Tioga Street, Ithaca, New York, on the 13 day of August, 2012, at 5:45 p.m. for the purpose of considering changes to the Official Town Map; and it is further RESOLVED , that at such time and place all persons interested in the proposed changes to the Official Town Map may be heard concerning the same; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca. Moved:Seconded: Rich DePaolo Nahmin Horwitz Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo and Horwitz Consider Setting a Public Hearing regarding proposed changes to the EcoVillage Planned Development Zone (PDZ) Mr. Engman opened the public hearing at 5:53 p.m. Page 2 Mr. Goodman provided new possible definitions for the terms “artisanal” and “picobrewery” to add the zoning chapter. Ms. Brock stated that the Town Board should decide if they want to add definitions, and if they do, they need to decide between the two definitions Mr. Goodman offered for artisanal. Ms. Leary preferred the first definition. Mr. DePaolo had concerns about “using equipment normally associated with mechanical trades like plastic molding, sheet metal work, and welding,” saying that if they’re using equipment, they’re not making the goods by hand. This implies that there’s a certain level of automated fabrication going on. He thought it was too open ended and that it raised concerns about scale. He asked if the scale of an operation would be limited by the footprint of the floor space. Mr. Goodman responded that the workshop area in the picobrewery definition is limited to 1000 square feet; the limit could be specified in this definition as well. Mr. DePaolo said that welding and sheet metal work bring up another set of issues such as aromas and noise, but the noise ordinance would still apply. Ms. Hunter was concerned about the reference to plastic molding and wondered if it could be removed from the definition. Ms. Brock said that it could be, and that it’s possible to apply these definitions only to this PDZ without affecting the general zoning for the Town. Mr. Bates said that if anyone is doing plastic molding or sheet metal work of any volume, the building code will kick in and require more than 1000 square feet just for the ventilation and everything else. Ms. Leary suggested putting the focus on the arts and crafts studios and not on the industrial uses. The Board agreed to the suggested definition of picobrewery as a “small brewery where the floor area is no larger than 1000 square feet.” They agreed to add the 1000-square-foot limit on floor space to the definition of artisanal, which would be a “small custom industry where goods are produced or repaired by hand, using hand tools or small-scale table-mounted equipment, and sold or received on premises. This also includes arts and crafts studios using equipment normally associated with mechanical trades.” TB Resolution No. 2012-130: Setting a public hearing regarding a local law to revise the EcoVillage Planned Development Zone (PDZ) BE IT RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at the Town th Hall, 215 North Tioga Street, Ithaca, New York on the 13 day of August, 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 to revise the EcoVillage Planned Development Zone; and it is further RESOLVED , that at such time and place all persons interested in the proposed changes may be heard concerning the same; and it is further Page 3 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: Seconded: Pat Leary Rich DePaolo Vote: Ayes – Engman, Leary, Hunter, DePaolo and Horwitz Abstentions – Goodman Consider Setting a Public Hearing regarding a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of and Requirements for Garages and Woodsheds Mr. Engman opened the public hearing at 6:08 p.m. Mr. Goodman stated that this issue has been discussed in Codes and Ordinances Committee. Garages are considered accessory structures, and questions have come up on how to interpret the zoning. It was decided to clarify the zoning by separating out garages. In tandem, they have been working with the woodshed question because last fall, a resident approached the Town regarding woodsheds not being allowed in side yards under the current zoning. The CoC would like to allow them. Ms. Hunter asked whether the law would prohibit garage apartments. Mr. Bates responded that the height restriction is the limiting factor in front yards unless the garage is attached to the existing home. If it’s a standalone building they’re limited to the accessory height of the building, which is 15 feet. Mr. Goodman didn’t think it would eliminate the possibility of apartments over garages. Ms. Brock stated that the changes don’t address apartments at all, except maybe in the lakefront residential zone, which imposes specific height limits for garages. Nothing was changed in the code that would affect someone’s ability or inability to put an apartment in a garage. Mr. Horwitz asked what use the law serves and how the setbacks were derived. Mr. Goodman responded that they follow New York State zoning regulations. Ms. Brock said an explanation could be dealt with in the preamble of the law. Mr. Bates said the language in the law is confusing. It states what an accessory building can be and where it can be located, but there are many exceptions for garages. This will make it clearer. Mr. Engman stated that laws are years of discussion in the making in committee and that in order to completely understand the end result, one would have to wade through all the minutes of those meetings. He likes the idea of including in the resolution the background and the reasons for doing things. Mr. DePaolo took issue with the definition of woodshed: it states that they’re exclusively for the storage of cord wood. Cord wood implies split firewood of a particular dimension, stacked. Cord wood is essentially firewood. He asked if pellets could be stored in a woodshed. Mr. Bates responded that the committee tried to define what woodsheds are going to be used for. Pellets can be stored somewhere else. This is for people burning firewood – we want a neat stack of wood that they’re not covering up with something else. Mr. DePaolo countered that it’s a pain to have to move pellets into the basement. He asked if the purpose is just to store firewood. What if people gather wood? Suppose it’s not split cord wood. He asked if there’s an aesthetic consideration. Mr. Bates replied that that’s the cause of most of the conflict. Mr. Goodman said that they’re trying to allow it because a woodshed is an accessory building that can’t be in the side yard. Someone who gathers limbs can Page 4 leave them in the side yard. Covered wood in the side yard is more unsightly than a shed, so that’s the reason to include sheds in the side yard. Mr. Bates added that if someone used it for that purpose, codes staff aren’t going to argue with it. The idea is that we don’t want them to use the shed for anything else. TB Resolution No. 2012-131: Setting a public hearing regarding a Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of and Requirements for Garages and Woodsheds BE IT RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at the Town th Hall, 215 North Tioga Street, Ithaca, New York on the 13 day of August, 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 regarding definitions of and requirements for garages and woodsheds; 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: Seconded: Bill Goodman Tee-Ann Hunter Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo and Horwitz Consider Setting a Public Hearing regarding a Local Law Amending Chapter 225 of the Town of Ithaca Code, titled “Sprinkler Systems” to exempt certain buildings from sprinkler requirements Mr. Goodman said that when the CoC discussed changing the law, he advocated for making the law less restrictive, but he was a minority of one. One of the reasons they were looking at the law is that many variances have been granted, with several to IC. Mr. DePaolo noted that there are exemptions in the law. Mr. Bates responded that the current language doesn’t say anything except adding “any other buildings” to the list of structures that require sprinklers. He takes lots of phone calls regarding this issue, so they wanted to spell it out. Mr. DePaolo commented that proximity seems important and asked whether it makes a difference where an accessory structure is. Mr. Bates responded the separation distance in the fire code has to be met. Even if the accessory building is built next to the home, a fire separation needs to be built. Mr. Weber pointed out some implications of requiring sprinkling of accessory buildings. It would be necessary to run a water system into a building that is not insulated, which means you would need to put insulation in, extend water services, get plumbing permits, etc. That becomes costly and restrictive. For example, the Town had to get a variance for an outdoor picnic pavilion at Tutelo Park so it didn’t have to be sprinkled. Ms. Brock stated that Mr. Bates has been interpreting the law to not require sprinklers for detached residential garages and accessory buildings. In effect, this does not change the Town’s current practice with one exception: Mr. Bates has been requiring them for accessory buildings for multiple family units. The only change is that the committee felt that even those accessory buildings should be exempt. Page 5 TB Resolution No. 2012-132: Setting a public hearing regarding a local law amending the Chapter 225 of the Town of Ithaca Code titled “Sprinklers” to exempt certain buildings from sprinkler requirements BE IT RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at the Town th Hall, 215 North Tioga Street, Ithaca, New York on the 13 day of August, 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 Chapter 225 of the Town of Ithaca Code titled “Sprinklers” to exempt certain buildings from sprinkler requirements; 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: Seconded Tee-Ann Hunter : Pat Leary Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo and Horwitz Consider Setting a Public Hearing regarding a noise permit application for St. Catherine of Sienna’s Festival Mr. Horwitz said he was told the Town does not have a decibal limit. Mr. Bates explained that the old code used to have a decibal limit but that the new code just specifies that the sound not be heard a certain distance off the site. Ms. Brock read the section of the code that explains social events: “the noise cannot interfere with the comfort, health, or safety of members of the public within any building or outside the building at a distance of 25 feet or more from such sound.” TB Resolution No. 2012-133: Setting a public hearing regarding a noise permit application for St. Catherine of Sienna’s Festival BE IT RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at the Town th Hall, 215 North Tioga Street, Ithaca, New York on the 13 day of August, 2012 at 5:45 p.m. for the purpose of providing full opportunity for citizen participation and input in the consideration of a proposed thth noise permit for St. Catherine of Sienna’s Festival to be held on September 15 and 16; and it is further RESOLVED , that at such time and place all persons interested in the proposed permit 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: Seconded: Bill Goodman Pat Leary Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Consider approval of a bond resolution in the matter of the proposed Town of Ithaca Northview Road Tank Replacement Water Improvement project Page 6 TB RESOLUTION NO. 2012-134: BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Northview Road Tank Replacement Water Improvement, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 9th day of July, 2012, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Herb Engman, and upon roll being called, there were PRESENT: Herb Engman, Bill Goodman, Rich DePaolo, Nahmin Horwitz, Tee-Ann Hunter, Patricia Leary ABSENT: Councilperson Eric Levine Moved by Bill Goodman; seconded by Rich DePaolo A RESOLUTION AUTHORIZING THE ISSUANCE OF $550,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE TOWN OF ITHACA NORTHVIEW ROAD TANK REPLACEMENT WATER IMPROVEMENT, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated April 23, 2012, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Northview Road Tank Replacement Water Improvement(the “Improvement”) and to make certain improvements therefore at a maximum estimated cost of $550,000; and WHEREAS, said improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not result in any significant environmental effects; and WHEREAS, it is now desired to provide funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Northview Road Tank Replacement Water Improvement consisting of construction of a new 500,000 gallon steelwater tank to replace the existing 200,000 gallon steelwater tank located on the same site above West Northview Road, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, at a maximum estimated cost of $550,000 there are hereby authorized to be issued $550,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $550,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Page 7 Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Northview Road Tank Replacement Water ImprovementArea which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Page 8 Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 8l.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTE: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Consider approval of a bond resolution in the matter of the proposed Town of Ithaca Danby Road Tank Replacement Water Improvement project TB RESOLUTION NO. 2012-135: BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Danby Road Tank Replacement Water Improvement, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 9th day of July, 2012, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Herb Engman, and upon roll being called, there were PRESENT: Herb Engman, Bill Goodman, Rich DePaolo, Nahmin Horwitz, Tee-Ann Hunter, Patricia Leary ABSENT: Councilperson Eric Levine Moved by Tee-Ann Hunter; seconded by Pat Leary A RESOLUTION AUTHORIZING THE ISSUANCE OF $650,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST Page 9 OF THE TOWN OF ITHACA DANBY ROAD TANK REPLACEMENT WATER IMPROVEMENT, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated April 23, 2012, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Danby Road Tank Replacement Water Improvement (the “Improvement”) and to make certain improvements therefore at a maximum estimated cost of $650,000; and WHEREAS, said improvements have been determined to be 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 “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site,” and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; and WHEREAS, it is now desired to provide funding for such Improvements; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Danby Road Tank Replacement Water Improvement consisting of construction of a new 500,000 gallon steelwater tank to replace the existing 500,000 gallon steelwater tank located on the same site above Danby Road, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, at a maximum estimated cost of $650,000 there are hereby authorized to be issued $650,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $650,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Danby Road Tank Replacement Water ImprovementArea which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Page 10 Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Page 11 Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 8l.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTE: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Discuss and Consider approval of the Health Insurance Cost Sharing Proposal TB RESOLUTION NO. 2012-136: Approval of Health Insurance Contributions by Non-Collective Bargaining Employees for 2013 and 2014 WHEREAS , the Personnel & Organization Committee has discussed the concept of and intent to convert all staff to a cost share for health insurance premium over the next few years; and WHEREAS , the collective bargaining contract with the Teamsters employee group has a provision instituting employee contributions for health insurance effective 1/1/2013 at the rate of $10 per month for individual coverage and $20 per month for family coverage and effective 1/1/2014 at the rate of $30 per month for individual coverage and $60 per month for family coverage; and WHEREAS , the non-collective bargaining employees have provided input through the Employee Relations Committee regarding their willingness to share in the cost for health insurance starting 1/1/2013 as a means of supporting the move to a cost sharing policy with the desire that cost sharing be a phased in process over a number of years; and WHEREAS , the Personnel & Organization Committee recommends having all non-collective bargaining employees start cost sharing for health insurance effective 1/1/2013 at the rate of 1.5% of the monthly insurance premium of either individual or family coverage and effective 1/1/2014 at the rate of 4.0% of the monthly insurance premium of either individual or family coverage; and WHEREAS , payroll contributions are deducted the month prior to the coverage month, causing the employee contribution to increase in December for the new premium rates for January coverage, however the committee recommends that payroll deductions be the same amount for January through December payrolls; NOW, THEREFORE, BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the policy of cost sharing for health insurance for all non-collective bargaining employees effective 1/1/2013 at the rate of 1.5% of the monthly insurance premium for either individual or family coverage and effective 1/1/2014 at the rate of 4.0% of the monthly insurance premium for either individual or family coverage; and be it further RESOLVED , that the payroll deductions of the employees’ cost share be the same amount for January through December. Moved:Seconded: Bill Goodman Rich DePaolo Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Page 12 Discuss and consider acceptance of Water and Sewer Improvements at Belle Sherman Estates Town of Ithaca Facilities TB RESOLUTION NO. 2012-137: Acceptance of Water and Sewer Improvements at Belle Sherman Estates Town of Ithaca Facilities WHEREAS , Agora Homes, the owner and the developer, of the Belle Sherman Estates Subdivision located on Mitchell Street is offering for dedication to the Town of Ithaca Water and Sewer utilities shown on the map entitled “Asbuilt Survey Map Showing Utilities for Belle Sherman Cottages, Agora Homes and Development, LLC, Mitchell and Vine Streets, Town of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C Engineers and Surveyors, dated 4/10/2012 and revised 6/26/2012; and WHEREAS , the Developer has constructed the water main, and sewer facilities to Town of Ithaca specifications; and WHEREAS, the Developer has signed all easements necessary for maintenance and upkeep of said water and sewer mains; and WHEREAS, the Developer has provided as-built information on a map entitled “Asbuilt Survey Map Showing Utilities for Belle Sherman Cottages, Agora Homes and Development, LLC, Mitchell and Vine Streets, Town of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C Engineers and Surveyors, dated 4/10/2012 and revised 6/26/2012; and WHEREAS , the Director of Public Works has advised the Town Board that the water, sewer have been constructed in accordance with the Town of Ithaca specifications, and NOW, THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby accepts as public utilities water and sewer facilities as shown on the Asbuilt Survey Map dated 4/10/2012 and revised 6/26/2012. MOVED:SECONDED: Pat Leary Bill Goodman VOTE: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Discuss City of Ithaca Water Supply Work in the Town of Ithaca Mr. Engman stated that the City Attorney inquired how the Town wants to handle the work the City will be doing on their water project on the land they own within the Town of Ithaca. Both he and Ms. Brock feel this is an area of gray legal territory. Courts in general have held that municipalities that own property within another municipality usually do not have to follow that municipality’s regulations. We could either say we want to be the ones to issue the permits or we could say that they can go ahead and do the permitting and inspections but that we want to be informed of each project and be given the opportunity to submit comments prior to any implementation. Ms. Brock provided some factors the courts would look at, but said that it’s a case-by-case, facts- specific analysis. In this case, the City is rebuilding an existing facility and working off the current infrastructure, and that will weigh heavily into consideration. It would be unlikely that the City would be subject to the Town’s land-use regulations. Page 13 Mr. Engman suggested that the Town might be able to consider the entire watershed, including the firing range, as part of our discussions. He said that this is going to be a lot of work, and we might as well let the City do the work, with the Town steering it, in some cases. Ms. Ritter said she talked to JoAnn Cornish about the scope of the projects. One element is improving the road that comes down to Route 79, making it a year-round road. They will need to put a switchback on it because it’s steep. This will disturb two acres of wooded area. This is a concern, and they seem sensitive to the fact that it’s in a unique natural area. They will also be dredging the reservoir and will need to find a place to dewater the material. They will also put in a road off Burns Road going in about 75 feet. Around the reservoir, they need a structure not bigger than a two-car garage to hold equipment. There will be a new pipeline going in. Those are the main elements within the Town. Nothing was said about fencing or lights. The City Planning Board, not Public Works, will be the lead agency reviewing the project. To a question from Mr. Horwitz, Ms. Brock responded that the City has to give the Town Board an opportunity to be heard and it has to be meaningful. She recommended that the Town ask for all materials, with the exception of confidential attorney-client privileged memos, but everything they give their Planning Board. It meets all the thresholds for a County review. Mr. Engman stated that unless there are lights or traffic going down a new road, he didn’t think nearby Town residents would be directly affected beyond the construction phase of the project. Bolton point has asked a number of times when the City will need water service. That will be a major issue. Consider Consent Agenda Items a.Approval of Town Board Minutes of June 25, 2012 – pulled b.Town of Ithaca Abstract c.Bolton Point Abstract d.Approval of Sustainability Planner position – Nick Goldsmith e.Approval of Administrative Assistant Position – Codes TB RESOLUTION NO. 2012-138: Consent Agenda BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes of June 25, 2012 – pulled b. Town of Ithaca Abstract c. Bolton Point Abstract d. Approval of Sustainability Planner Position – Nick Goldsmith e. Approval of Administrative Assistant Position – Codes Moved: Seconded: Rich DePaolo Tee-Ann Hunter Vote: Ayes – Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Minutes of June 25th TB RESOLUTION NO. 2012-139: Approval of Minutes of June 25, 2012 Page 14 WHEREAS, the draft minutes of the June 25, 2012 of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the minutes, with changes, as the final minutes of the June 25,2012 of the Town Board of the Town of Ithaca. Moved: Rich DePaolo Seconded: Tee-Ann Hunter Vote: Ayes: Engman, Goodman, Leary, Hunter, DePaolo, Horwitz Report of Town Officials Codes - Update Regarding Pools: Mr. Bates said it will probably take effect in 2014 in New York State. They have taken eveiything to do with pools and spas and put it in a new code book. This applies to both residential and commercial pools, and it means more inspections for the code enforcement staff. Existing pools will be exempt unless they're changed in some way, like if someone builds a new deck. Pool alarms will be required in all pools, including existing pools. South Hill Recreational Trail Remediation: Mr. Weber reported that they were able to complete the work for under budget. Route 79 parking: Mr. Weber reported that the State is ready to put up no parking signs. They will begin at the City/Town line and run east to Pine Tree Road. He had the following questions for the Board: Does the Town want to prohibit parking at all times? Does the Town want to match what is on Penny Lane? Does the Town want to set any restrictions? Does the Town also want to restrict property owners from parking? Mr. Engman thought that parking should be prohibited from 10 a.m. to 10 p.m. to reduce the partiers. This would give residents access to overnight parking. Ms. Hunter asked if it is the Town's objective to find a backdoor way to prevent people from swimming. Mr. Engman responded that it is to prevent a 100-member party with alcohol. People will still be able to swim; they just won't be able to park at Commonland or along Route 79 to do it. Ms. Hunter suggested that the parking issue is a symptom of a bigger problem, saying the Town provides nowhere for people to swim. Young people want to swim and there is no place for them to go. We support the Cass Park pool, but it closes August 19th and costs money. We don't have lake frontage. We offer them nothing. She thinks it's sad. The Town can continue to regulate parking, but we're not addressing the problem. If you talk to anyone who grew up here, they'll tell you they swam there. People want to jump in the water when it's 90 degrees out. We tout ourselves as a fun community, but provide no public access. Mr. Goodman stated that he walks down from Giles Street. People park along Route 79 and at Penny Lane so they can carry in all their coolers and because it's closer. Sue Ritter said she walks that area and knows it well: what's happened is that larger gangs of kids are intimidating other people from going there. Page 15 Mr. Engman stated that Commonland residents monitored internet traffic that touted it as a big party place. The nature of the challenge has changed. He worked for a couple of years meeting with the < City and the Sheriffs Department. Nobody could come up with a solution because neither the Sheriff ' nor the City chief of police will send anybody down there to provide enforcement. He talked with the City about creating an official parking lot for people that could be monitored. They said no. Mr. Engman didn't know what else the Town can do to relieve the challenge for the Commonland residents. The no parking on Penny Lane pushed parking up to Route 79. Mr. DePaolo said people parking along Route 79 causes a safety issue. Ms. Hunter agreed, but still thinks there's a larger issue of no access. Mr. DePaolo thinks the seasonal approach is the most sensible. Mr. Weber stated that the signs for Penny Lane cost $5000. If residents along there end up not liking the restriction, the State will not look favorably to a request to remove the signs or change them. Mr. Goodman suggested surveying the residents along that stretch. Ms. Hunter suggested doing this by sending a letter to the residents outlining what the Town is intending to do with signage and pointing out that this is in response to receiving several complaints. The letter should say that we've contacted the State, who is willing to put up signs, and that we would like to hear from residents by a certain date, but that we would like to move forward to address the problem this summer season. Mr. Goodman will draft a letter. Consider Adjournment On a motion by Mr. Goodman and seconded by Ms. Leary, the meeting was adjourned at 8 p.m. ' * DeAugistm eputy Tow \ Page 16