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HomeMy WebLinkAboutTB Minutes 2012-08-27P Study Session of the Ithaca Town Board Monday, August 27,2012 at 4:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Aurora Room—Please Use Back Door * Study Sessions are meetings of the Town Board which generally focus on committee reports and informational presentations. Time sensitive action items may be scheduled when needed. Please contactthe Town Clerk's office at273-1721 or pterwilliser@town.ithaca.nv.us with any questions. Some information follows below. Agenda 1. Call to Order 2. Hydrilla Presentation - Roxy Johnston 3. Review Draft Agenda for Regular Meeting 4. Town Official's Reports 5. Report from Committees a. Budget Committee b. Codes and Ordinances Committee c. Comprehensive Plan Committee d. Planning Committee e. Personnel and Organization Committee f. Public Works Committee 6. Discussion Item Additional Brownfields in the Town of Ithaca Emerson Property - General Road Preservation Agreements Cornell University and the proposed Forest Home Park 7. Consider Approval to Award Contract - Public works Facility Pole Barn 8. Consider Setting a Public Hearing re.: Proposed Establishment of Open Development Areas for 572 Warren Rd and Certain Parcels Along East Shore Drive Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Sale of Surplus Items Review of Correspondence Consider Adjournment Study Session of the Ithaca Town Board Monday, August 27, 2012 at 4:30 p.m. Minutes Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor; Pat Leary, Eric Levine, and Rich DePaolo Absent: Nahmin Horwitz Staff Present: Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources, Susan Ritter, Director of Planning and Paulette Terwilliger, Town Clerk Call to Order Meeting was called to order by Mr. Engman at 4:30 p.m. Hydrilla Presentation – Roxy Johnston, City of Ithaca Ms. Johnston gave a PowerPoint presentation on the Hydrilla issue Key Points  Hydrilla is one of the most invasive plants there is and it is spread by humans  Eradication efforts are not short-term processes and can take 5-8 years  Hydrilla grows at least an inch a day, sometimes as much as a foot a day during the summer  Not sure of the origin, but probably from the aquarium trade or a boat from the Potomac region  Very brittle so it breaks and spreads easily  It is most dense in high-boat traffic areas and isolated areas throughout Cayuga Lake  Hydrilla will crowd everything else out by using all of the oxygen and has been linked to Bald Eagle deaths  Hydrilla Tubers are very resilient and found in the silt  The herbicides used are the lowest dose possible and trickle down to affect the tuber  Economical impact would be the death of the inlet within 3-5 years (pictures)  Hydrilla has not been found in any other Great Lake so Cayuga Lake is “ground zero”  They have had a 95% effectiveness rate in their eradication efforts so far and hope it can be eradicated rather than managed  Very little literature out there on it  Will take sustained community support TBS 8-27-2012 Page 2 of 11  Very hard to get through the governmental agencies because there was no mandate regarding hydrilla  The State and County have passed laws to help with education and treatment but more is needed  Marinas have been very helpful and educating boaters is a primary outreach effort Questions The Board asked about the herbicides being used and the possible effects to the water supply. Ms. Johnston stated that the herbicides used have been used for over 20 years and the concentration has been adjusted to the minimal amount needed to combat the invasion and do as little damage as possible to other plants. The plant can only grow in 30 feet of water and less because it needs sunlight. Bolton Point has been monitoring the eradication efforts and testing our water continuously throughout the process with no harmful findings. Funding sources were discussed and Ms. Johnston noted that some state funds are available through next year and additional grants are being sought. There may be some need later, but she could not be sure and felt the state and federal governments should step up to help. If nothing drastic happens, there may be no need from local sources but there is talk about getting representatives to meet and discuss priorities and amounts that could be requested early enough to budget for. These would be brought to TCCOG for discussion. Ms. Johnston noted that the educational component is very important and getting information out to boaters of all sizes so they know what hydrilla looks like and how to dispose of it. Dredging was also discussed and Ms. Johnston is hoping that it happens quickly. They are looking at ways to neutralize the tubers for when that happens. Finding the place to bring the spoils is the issue and she hopes it will not be a long process because concerns regarding the transference of the Hydrilla tubers. The Board thanked Ms. Johnston for her presentation. Review Draft Agenda for Regular Meeting No comments Town Official’s Reports Independent Audit (On file with the Town Clerk) Mr. Solvig reported that the independent audit for 2010-2011 is complete and the news is generally good. The decreases that occurred in some fund balances were expected Approved 9-24-2012 TBS 8-27-2012 Page 3 of 11 from capital projects and the town’s portion of the Cayuga Heights fire truck purchase. The auditors had no issues with the town. Mr. Engman asked the board to let him know if they wanted the auditors to come in and report to the Board after they review the report. Report from Committees Budget Committee Mr. Levine reported that sales tax revenue is up 3% over last year at this time. They also ran numbers for fire contract costs using a 5% reduction in their budget. Some savings might be realized and the committee would like to see any savings go towards the highway fund. The next meeting will focus on capital projects and equipment for Public Works. Mr. Engman noted that other town supervisors have asked for Mr. Solvig’s budget to use as a possible template for their municipalities. Codes and Ordinances Committee Mr. Goodman reported that they talked about the sign ordinance and the possibility of redoing the entire law instead of tinkering with bits and pieces of it. Ms. Brock has an example from another municipality that the committee is going to look at. The committee also talked about free speech issues and what could be put on signs etc. The committee felt that that issue might be more of a Town Board policy decision that will have to be discussed at some point. The committee also discussed the sprinkler law and will be inviting farmers and/small business owners to come in and discuss their ideas and concerns. Mr. DePaolo asked about the signs that Ithaca College has out saying “welcome” and whether they are allowed. Mr. Goodman thought those would not be allowed, but there are some temporary signs that are allowed. He added that banners have been a hot topic lately. PRI and IC have both requested banners and the committee is looking at options. Comprehensive Plan Committee Mr. Engman reported that they are still not meeting because they are waiting on comments from the public, the colleges and the county. Planning Committee Mr. DePaolo reported that they discussed the first draft of the West Hill traffic study and proposed some changes that will be incorporated. The committee will then review the revised study and report to the Board. The committee also looked at the 280a issue affecting the building department and which is a topic item later tonight. The Approved 9-24-2012 TBS 8-27-2012 Page 4 of 11 committee then discussed the moratorium that had lapsed and whether they felt we are protected from any large scale development that may not be inline with our future plan, rather than the current plan. The overall feeling was that we are protected enough. Personnel and Organization Committee Mr. Goodman reported that they discussed the results of the survey sent last year regarding the building and code enforcement department. They also continued to review the job classification final draft which has been referred to SAC. The committee also started to talk about the recommendations from the Ethics Board and Ms. Leary was going to work on some language for the whistle blowing section so that discussion will continue. Public Works Committee Mr. Goodman reported that they talked about requests from the Forest Home Neighborhood Association, most of which are related to pedestrian safety concerns and the traffic calming study and improvements. Both Mr. Goodman and Mr. DePaolo have done a walk around the neighborhood and they are talking with Mr. Weber about the feasibility of the various requests. The other big discussion item was regarding the town’s road preservation law. The committee is looking at two models, the DELTA model and the Tompkins County model. Mr. Horowitz also went to some meetings of the town of Caroline who is looking at the Tioga county law. Basically, the county law model says if you have a project in your municipality or a neighboring one that generates over a certain level of trips and/or a certain level of weight, the roads would be posted and the trucks would not be able to use those roads without a permit. In order to get a permit, the project would have to submit a bond for to cover repairs or in lieu of that, they can negotiate an agreement that would allow them to set routes etc. The county is using LaBella and allowing other municipalities to piggyback on some aspects of their contract with LaBella which would reduce costs for those municipalities. There was some question about the legal interpretation of the county’s law and the committee wanted permission from the Board to forward it to Susan Brock for review. Ms. Hunter asked if the thresholds were set by project or trip and how those would all be enforced. Mr. Goodman explained that it would be per project and the Planning Board would have some estimation of trips as a project goes through the planning stages. Staff also would have different ways of estimating load and trip counts which would lead to a condition on the project’s Planning Board Site Plan approval to enter into a road use agreement with the Town. The problem would be enforcing traffic that is caused by other municipal projects just traveling through the town. Approved 9-24-2012 TBS 8-27-2012 Page 5 of 11 AdHoc – Fire Services Mr. Engman reported that he and the Mayor had a brief conference call with a lawyer who specializes in fire corporations. A fire corporation has a board of directors and each municipality would have a contract with the corporation and therefore some budget control. But, the lawyer said that you can not have paid firefighters in a fire corporation. The Mayor is willing to have this lawyer come and talk to a group from the town and city regarding their options. The lawyer thinks the best option is to have a fire district. A fire district had tax levying powers which make it somewhat self- regulating because the commissioners are elected. Ms. Drake asked if they would still be under the state pension plan and Mr. Engman responded that he did not know, but that is a big question, as well as if the union and its contract would transfer to any restructured department. Ms. Hunter asked if the fire budget included administrative costs paid to the city and Mr. Engman responded that that was a big debate during the last contract negotiations and it is now a flat $150K a year which is $50K lower then we had been paying in the last contract. He went on to say that the town is supposed to get the proposed FD budget and the proposed City budget but haven’t yet. He noted that the Mayor has asked for a 10% cut in personnel, but Common Council hasn’t gotten involved yet and they make the final decisions. Mr. Engman also added that the fact that Cornell contributes but not their fair share and Ithaca College doesn’t contribute at all should be factors in discussions regarding the costs of fire protection and pressure needs to be brought upon them to both pay their fair share. Study Session Discussion Items Additional Brownfields in the Town of Ithaca Mr. Engman reported that he followed up on Ms. Cahill’s comment that someone else covers some of the Town and he contacted that man Gary Priscott who said there are no other areas in the town. Me. DePaolo thought areas of concern might be different from what is a DEC designated area and not. He will try to get a town-wide map to see if any areas warrant any further investigation. Ms. Hunter asked about a comment from Cynthia Brock and the difference between DEC and EPA and who designates guidelines for cleanup etc. Mr. DePaolo thought the DEC acts as an independent but under the rules and oversight of the EPA, at least in theory. Mr. DePaolo said he would talk with Walter Hang. Emerson Property Mr. Engman reported that the new owner says light industrial and then office uses will be the first in there with residential later. He added that there is interest in forming a small group of city and town representatives to coordinate information etc. The city is Approved 9-24-2012 TBS 8-27-2012 Page 6 of 11 working on legislation for zoning similar to our planned development zones to shape the development but both the city and the town would like to see mixed-use with high- end residential and hopefully some affordable housing. Mr. Engman thought there would be some high-end housing for the view, but the lower levels will not have that view and could be affordable. Mr. Engman noted that the owner stated that there is an issue about trucking and restrictions on 96B which would force trucks to come in from Route 13. Mr. Engman was not sure what that was all about, but the owners and the city are looking into the reasons behind the restrictions and we will hear more about that as it becomes available. Mr. Engman went on to talk about the district heating and cooling system that has been discussed for the area. The buyer is not interested in this; he is open to it, but has no interest in running it. Mr. Engman said that there is some talk about redoing the Commons and that would be the time to do it, installing all the infrastructure while the streets/commons are dug up, but you would need buy-in from the colleges also. A lot of intriguing things but nothing concrete yet. Ms. Leary asked if there were any discussions on public/private cooperation to run it and Mr. Engman knew the hospital was not interested in running or maintaining it past their boundaries. He thought that it was not a matter of funding, but a matter or management. There is not a lot of interest if it is a small system. Some discussion followed, and Mr. Engman noted that the County has applied for some grants to plan it but nothing has come through yet. The potential is there but there are a lot of complexities involved. Road Preservation Agreements – Discussed under Committee Reports Cornell University and the proposed Forest Home Park Mr. Engman noted that the proposed contract was given out last month for the Board to review. He added that the first proposal from Cornell had a 30-day opt out clause and the Board was not interested in that and the proposal now is a 99-year lease. There was also a letter from the Forest Home Improvement Association on the desks tonight. Mr. Weber had some comments regarding the proposed contract; # 3 Condition and – He was concerned about a hazardous, dilapidated fence if we are taking Warranties this “as is.” He estimated it would cost a couple of thousand dollars just in materials to replace. #5 He was concerned about the statement regarding disposal of any debris Use and the policing of same – he noted that there are existing piles of debris that neighboring residents have been putting on the property over or abutting their property. He felt we should ask Cornell to remove those and fix the fence. Essentially, give it to us in the condition they want it maintained in or specify the condition the property is in now and at what level it will be maintained. Approved 9-24-2012 TBS 8-27-2012 Page 7 of 11 Under #7 He was concerned with the statements regarding tree Resrtictions on Premises pruning and cutting any trees without prior approval from Cornell and #12 Maintenance and the statement that we agree to maintenance standards of other town parks. Mr. Weber stated that we don’t have written standards and many parks and what we do at each can be different depending on the uses. He went on to say that sometimes we can be at parks twice a week and there are budget implications in that additional maintenance at parks, gardens etc all add up to a Park and Trails budget that is getting bigger and bigger. Mr. Engman thought the town had talked in the past about replacing the fence with bushes but that would have to be thought out and discussed. He agreed that the conditions regarding the pruning, cutting and maintenance of the trees need to be clarified. Mr. Levine joined the conversation and reiterated his comments from a previous meeting which were that this is basically a park already and Cornell doesn’t exclude anyone from using it so why are we agreeing to maintain and be responsible for it when it is something that is there already. Mr. Engman responded that Cornell could do whatever they want with it, develop it or turn it into parking, and gaining control of it will allow us to influence that. He added that Forest Home is a very dense community and there would be access to water and a stream and the neighbors have said they want it and will use it. Mr. DePaolo joined in saying that we don’t want to encourage people to go into the water but it is nice to have the view of the water and to be able to sit near it. As far as Cornell developing it or using it for some purpose, he thought that our stream setback law precludes development or a parking lot now. Mr. DePaolo also added a general comment that he felt there was a proprietary view of the parcel by the Forest Home Association and we need to keep in mind that if and once we turn this into a town park, it will be open to everyone and the Forest Home proposal says specifically “an open area for occasional Forest Home gatherings.” This isn’t a Forest Home park it is a Town park and we have to create amenities to help other town residents use it, which might include parking. So although they may want to have a park there, we can’t make it exclusive by virtue of not providing other town residents access to it. He thought that the Forest Home community was very organized and thorough but there is a certain sense of entitlement creeping into our dialogue with the Forest Home Association, probably because they are so organized and we hear frequently about their wants and needs, but at the same time, everyone else in the town ends up paying for those wants and needs. Moving on to the contract itself, Mr. DePaolo was concerned about #3 also and the statement regarding “hazardous materials and knowledge thereof” and wondered if that shifts liability if something is discovered there onto the town. He did not think we Approved 9-24-2012 TBS 8-27-2012 Page 8 of 11 would be doing the same type of due diligence we would do for a purchase of property so there could be things there that we are not aware of and will not be aware of. He was also concerned about #15 which allowed for early termination for Early Termination “educational purposes.” He felt that we should define what an educational purpose is because in his opinion, Cornell thinks that everything it does is an “educational purpose.” Mr. DePaolo was also concerned about the #16 and what Right of First Refusal time the town would be given to decide. It states 30 days to accept and he thought that was well below the usual time given in these types of transactions. And then if we did not buy it, what happens to the lease if the property is sold. Ms. Leary asked if we were leasing it, would Cornell or the town be liable and Mr. Levine responded that we are not leasing it, this is a license to use which is not the same. Mr. Levine thought that the town would not be liable and if it were, we would cancel the license in 30 days. Mr. Engman added that Ms. Brock has reviewed this. Ms. Leary Pat spoke to the idea of town parks in neighborhoods stating that of course we couldn’t and shouldn’t limit it to residents of Forest Home, but noting that probably they would be the ones that used it the most, similar to other town neighborhood parks at which the majority of the users are from that neighborhood. She asked if the Forest Home Association had mentioned or considered forming a volunteer committee to help with the upkeep of the property if it is acquired. Mr. Engman responded that we could enter into discussions with them, and although he didn’t believe they were interested in being responsible for the type of maintenance that requires equipment, they do have clean-up days and the like now and the interest in this park has been strong for years so that shows they really want it which implies that they would help with basic upkeep. Ms. Leary said that if we take this over and maintain it it will not be at zero cost and at some point, if we keep growing and keep taking on places and things that we have to maintain and want to control, we are going to have to hire more people. There is always an associated cost and we have to be open to that eventuality. Mr. Goodman responded to the comment about the neighborhood being involved and he seemed to recall some residents saying that they would be willing to clean it up and do plantings and such but not mowing. He thought that we do have crews going around and the park is small so it shouldn’t add much. He thought it would be worthwhile to get the property even if we just put a couple of picnic tables there. Mr. Engman noted that the college would probably be willing to replace the Hasbrouk bench which was destroyed a few years ago by the county. He realized that it would not be without cost, but this is one in a series of neighborhood parks the town has undertaken. Ms. Hunter asked where other people would park if they were not a neighborhood resident and how many spaces would be available? Mr. Engman thought the best thing to do would be to talk to the Forest Home Chapel about their lot which is just off the Approved 9-24-2012 TBS 8-27-2012 Page 9 of 11 map given to the Board. He added that there is another spot that has a pumping station and some people park there occasionally. There is also the Plantations lot during off- hours that could be used. Discussion followed on the distance of the available parking options and the proposed park. Ms. Hunter would like to see an agreement with the Chapel so people who park there are not asked to leave as well as some access right at the park for mobility impaired people. Mr. Engman agreed and knew the Forest Home Association would like it to be handicap accessible. Ms. Hunter asked if the Association had thought about the “Adopt a Park” program the town has because the list of wants are things that an Association could do if they “adopt” a park. She would like to see some indication that they intend to help fund the requests they have submitted. Mr. Engman stated that he had not talked to them about that but thought it was a great idea. Mr. DePaolo asked Ms. Ritter what development would be precluded by the stream setback laws just enacted. Ms. Ritter responded that they could always apply for a variance, but no one can build anything impervious on the site and a number of things are prohibited now such as composting, gardening and the like which would disturb the soil and contribute to erosion of the banks. It could not be turned into a parking lot and no impervious structure could be built. This brought Mr. DePaolo back to the question of do we want to pick up the cost of maintaining a park which Cornell is maintaining now. The last comment he had was that Forest Home is also privy to one of the greatest parks in the area, that being Plantations. The residents want it, but do they really need it? Consider Approval to Award Contract – Public works Facility Pole Barn TB Resolution No. 2012-158: Authorization to Award Contract for Construction of the Town of Ithaca Public Works Pole Barn Project WHEREAS: On August 15, 2012, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Public Works Pole Barn Project, and WHEREAS: The Director of Public Works has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $61,300.00 for the total project made by Secor Building Solutions, 13140 W. Church Street, Savannah, NY 13146, is a qualified bid, and WHEREAS: At the October 17, 2011, Town Board meeting, the Town Board adopted a 2012 Ithaca Town Budget which included monies for the construction of improvements to the Public Works facility identifying the maximum amount of $75,000.00 to be expended by the Town of Ithaca for this improvement, now therefore be it Approved 9-24-2012 TBS 8-27-2012 Page 10 of 11 RESOLVED: that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Public Works Pole Barn Project Improvement project to Secor Building Solutions, subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, 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 $5,700.00 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. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes – Engman, Goodman, Levine, DePaolo, Hunter and Leary Motion passed. Consider Setting a Public Hearing re.: Proposed Establishment of Open Development Areas for 572 Warren Rd and Certain Parcels Along East Shore Drive TB Resolution No. 2012 -159 : Setting a Public Hearing Regarding the Proposed Establishment of Open Development Areas for 572 Warren Road and Certain Parcels Along East Shore Drive 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 10 day of th September, 2012 at 5:45 p.m. for the purpose of providing full opportunity for citizen participation and input in the preparation of a proposed establishment of Open Development Areas for 572 Warren Road and certain parcels along East Shore Drive; 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 and to post a Ithaca Journal copy of same on the signboard of the Town of Ithaca. Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: Ayes – Engman, Goodman, Levine, DePaolo, Hunter and Leary Motion passed. Approved 9-24-2012 TBS 8-27-2012 Page 11 of 11 Consider Consent Agenda Items TB Resolution No. 2012-160: 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. Town of Ithaca Abstract b. Sale of Surplus Items - Public Works Dept Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: Ayes - Engman, Goodman, Levine, DePaolo, Hunter and Leary Motion passed. Review of Correspondence Mr. Engman noted that he went to the "Farm-City Days" and it was fun but not as well attended and it is possible it was because it was held at the same farm just 2 years ago. The petition for lighting at Lindermann Creek was referred to PWC. This would be lighting at an intersection and who would pay what and who has what authority are the questions. Mr. Goodman noted that there is a meeting at 7pm on Wednesday at the Lutheran Church regarding the proposed development on Route 79. Meeting was adjourned at 6:50 p.m. SubmittefSby m Paulette Terwilliger Town Clerk Approved 9-24-2012