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HomeMy WebLinkAboutTB Minutes 2012-09-10Meeting of the Ithaca Town Board Monday, September 10,2012 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Agenda 1. Call to Order and Pledge of Allegiance 2. Report of Tompkins County Legislature Pine Tree Road Speed Limit Request - Jeffrey Smith 3. Report of Ithaca Common Council 4. Persons to be Heard and Board comments 5. 5:45 pm Public Hearing regarding a local law to override the tax levy limit established in General Municipal Law §3-C. a. Consider adoption 6. 5:45 pm Public Hearing regarding establishing Open Development Areas for 572 Warren Rd and certain parcels along East Shore Drive a. Consider SEQR b. Consider establishment of Open Development Area for 572 Warren Rd c. Consider SEQR d. Consider establishment of an Open Development Area for certain parcels along East Shore Drive 7. Consider setting public hearings regarding: a. 2012 Assessment Rolls for Special Benefit Districts and Special Benefit Areas b. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing Water Rate Charges Effective January 1,2013 c. Southern Cayuga Lake Intermunicipal Water Commission 2013 Preliminary Budget 8. Presentation by Superintendent of Highway Equipment and Machinery Report 9. Approval of Award of contract for the Public Works Annex Project 10. Approval of wage scale for non-collective bargaining unit employees and Teamsters PWF unit ' 11. Consider approval to submit Safe Route to Schools Grant extension 12. Discussion with Counsel re.: Road Preservation Options 13. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract 14. Report of Town Officials 15. Report of Town Committees 16. Intermunicipal Organizations 17. Review of Correspondence 18. 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: n ADVERTISEMENT ;d-NOTICE OF PUBLIC HEARINGS Town Board - Sept 10 2012 2% Tax Cap Override and Open Development Areas Location of Sign Board Used for Posting; Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: 8-31-2012 Date of Pablication: 9-4-2012 Paulette Terwilliger Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn/fo and subscribed before me this ,2012. day of 2-LL^ otary Public Debra DeAuglstlne Notary Public - State of NewVbrfc No. 01DE6148035 Qualified in Tompkins Cou My Commission Expires June 19, CBS i—^ osol [ugato n 1 m\ 'Holcomb. Co'poratio'i. llbS^North Meridian Streel. Suite 600, Carmel. IN 46 Tompkins ment of HS«lll>^ortl&ct Elaabeth Comeron 274-6688 New York Slat/ Depart ment of Ei^ronmental Conservation fcnlact: Don Nelson: (607 .tension 232 n JuBe Conley 3 CMC • City Clerk ^ City of Itti n PuWisti Dale: ' September 4. 2012 9/4/2012 I TOWN OF ithac;a < I PUBUC HEARINGS f - The Town Board will hold : - public ftearings at its meet- : • ing on September 10, 2012 i at 215 N. Tioga St, begin ning Bt 5:45 p.m. On the fol- i lowing topics: t A proposed local law to - override the (ax levy limit 1 estrfjkshecl in bcnerbf fvW- ) nicipal Law §3 C, and Open Development Areas lor 572 Warren Road and certain parcels along East Shore Drive ,07) Please contact the Town Clerk's office or visit our website for additional Infor- maUon, Paulette TefwHliger 15 ex- Town Oertt 9/4,(2012 Meeting of the Ithaca Town Board Monday, September 10, 2012 at 5:30 p.m. Minutes Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor; Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Nahmin Horwitz Absent: Pat Leary Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Judy Drake, Director of Human Resources; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney for the Town Call to Order and Pledge of Allegiance Report of Tompkins County Legislature Mr. Engman noted that there was no one from the Legislature present but the new Director of the County Highway Department was present and wanted to speak about the Pine Tree Road speed limit reduction request. Many of the board and staff had not met Mr. Smith yet and Mr. Engman asked him to tell us a little about himself and how he came to Ithaca. Pine Tree Road Speed Limit Request – Jeffrey Smith, TC Highway Director Mr. Smith stated that he is From Franklin County up near Canada where he worked for both the county and Village of Malone public works departments. The Village is dissolving so he started looking and feels very lucky to be here. Mr. Smith said that he was asked by Carol Chock to report to the Town that the county is willing to support a request to the State for a study for a reduction in the speed limit and to express the concerns that he has been hearing from residents. He noted that generally the steps are the reverse, and the residents approach the town who in turn forward it to the county. He reviewed the State T9 form noting that he only reviews the form for clarity and signs it and forwards it on. He asked if the board had any questions. Mr. Horwitz asked if the county requesting a study implies that we need a reduced speed because he said he used to travel the road and thinks 45 is fine. He did not feel that he was endangering anyone and wondered what justification people are offering for the reduction. Mr. DePaolo said that one justification is that if you are going one speed on one section and a slower speed is posted on another section, the tendency is not to slow down so the overall stretch being the same will alleviate the speeding issues in the more residential sections of the road. Mr. Engman added that the residents have talked a lot about the southern end of Route 79 which is densely residential with no Approved 9-24-2012 TB 9-10-2012 Page 2 of 17 sidewalks or bike lanes. (Honness Lane to Route 79) Mr. Horwitz asked if there would be any thought given to just lowering the limit at that end and Mr. Engman said that might be an option but residents have also spoken about the sight-distance issues at different points on the road and a reduction would help that also. Questions on what the process for moving forward would be and the Board felt that it would be helpful to get a formal request or better yet, petition from the residents to act on. Mr. Smith said that he had an email distribution list and he would send an email out. Ms. Hunter noted that accident statistics would also be helpful and Ms. Ritter noted that the County would have that information. Report of Ithaca Common Council – None Persons to be heard and Board comments Mr. Engman asked if the board would consider adding a closed session to seek the advice of counsel regarding a draft road preservation law and a political caucus to the end of the meeting. Board agreed. Mr. Horwitz asked about a flyer that he had seen by Sheen Housing offering home improvements such as weatherization or modifications for disabilities for qualified individuals. He wondered if we should put this flyer on the web for our residents. Ms. Terwilliger responded that this is a flyer from a particular company touting a state assistance program that is available to pay for repairs/improvements made by any contractor and she did not think we should post particular contractors. She added that we could look into posting information on these types of programs when we get them and thought that some were. Mr. Engman added that the 211 system is the clearinghouse for all types of information referrals and he thought that was also on the web, but he would check with Ms. Carrier-Titti. Ms. Hunter asked Mr. Goodman if he had approached his sister about talking to the board regarding affordable housing. Mr. Goodman responded that he had and she is willing to come and he would check with her again regarding a date and time. He added that Friday lunch is the best for her. Many on the Board indicated they would be interested in attending. 5:45 pm Public hearing regarding a local law to override the tax levy limit established in General Municipal Law §3-C. Mr. Engman opened the public hearing at 5:53 p.m. There was no one wishing to address the board on this topic and the hearing was closed. Mr. Engman noted that the town does not anticipate going over the 2% tax cap, but the formula and calculations are such that passing the law will cover the town just in case. Approved 9-24-2012 TB 9-10-2012 Page 3 of 17 He also added that today when we received the bonding papers for Bolton Point, Moody’s said that the 2% cap is driving down the ratings of municipalities and our willingness to override the cap is a factor in having a better bond rate. He felt this was just another unfunded mandate from the state in that it is affecting the rates that municipalities are paying if they are not willing to override the cap. TB Resolution No. 2012- 161: Adopting a Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-C. WHEREAS, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and WHEREAS, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and WHEREAS, at its meeting on August 13, 2012, the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on September 10, 2012 at 5:45 p.m. to hear all interested parties on the proposed local law entitled “A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C”; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus this action is not subject to review under SEQRA, NOW, THEREFORE, be it Approved 9-24-2012 TB 9-10-2012 Page 4 of 17 RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law entitled “A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C”, a copy of which is attached hereto and made a part of this resolution, and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Eric Levine Seconded: Nahmin Horwitz Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. (Local Law #12 of 2012) 5:45 pm Public Hearing regarding establishing Open Development Areas for certain parcels on Warren Rd and East Shore Drive Mr. Engman opened the public hearing at 5:57 p.m. There was no one wishing to address the board and the hearing was closed. Warren Rd Open Development Area SEQR (Attachment #1) TB Resolution No. 2012- 162: SEQR: Proposed Establishment of an Open Development Area for 572 Warren Road (Tax Parcel Number 72.-1-2.12). WHEREAS, this action is the establishment of an open development area for 572 Warren Road (Tax Parcel Number 72.-1-2.12); and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is acting as lead agency in an environmental review with respect to this action; and WHEREAS, the Town Board, at a meeting held on September 10, 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Town Planning staff; now, therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Bill Goodman Approved 9-24-2012 TB 9-10-2012 Page 5 of 17 Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. TB Resolution No. 2O12 – 163: Establishment of an Open Development Area for 572 Warren Road, Tax Parcel 72-1-2.12 WHEREAS, the parcel at 572 Warren Road, Tax Parcel No. 72-1-2.12, has been improved with a residential structure built many years ago, is landlocked and does not directly abut a street that is on the Town of Ithaca’s Official Map, and WHEREAS, access from the 572 Warren Road parcel to Warren Road, which is on the Official Map, is achieved by a 40-foot right-of-way across adjoining property, and WHEREAS, the 572 Warren Road property owner’s attorney has represented to the Town Board’s attorney that he has tried without success to obtain access in fee to Warren Road, and WHEREAS, the parcel at 572 Warren Road currently does not have legal access to Warren Road within the meaning of Town Law §280-a, because access via a right-of- way does not satisfy New York Town Law § 280-a(1), and WHEREAS, pursuant to New York Town Law § 280-a(4), on July 23, 2012, the Ithaca Town Board referred the potential establishment of an open development area for the 572 Warren Road parcel to the Ithaca Planning Board for its advice, and WHEREAS, at its August 21, 2012 meeting, the Planning Board adopted a resolution recommending that an open development area for the 572 Warren Road parcel be established, subject to certain conditions, and WHEREAS, a resolution was adopted by the Town Board for the Town of Ithaca for a public hearing to be held by the Town Board on September 10, 2012 at 5:45 P.M. to hear all interested parties on the proposed establishment of an open development area for the 572 Warren Road parcel, and WHEREAS, notice of the public hearing was advertised in the Ithaca Journal, and WHEREAS, the public hearing was held on said date and time at the Town of Ithaca Town Hall, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the proposed establishment of the open development area, and Approved 9-24-2012 TB 9-10-2012 Page 6 of 17 WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Town of Ithaca Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on September 10, 2012, made a negative environmental determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts I and II, maps and other materials, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby establishes an open development area for 572 Warren Road, Tax Parcel No. 72-1-2.12, subject to the following conditions as specified by the Planning Board and approved by the Town Board: a. No future subdivision of the parcel shall occur unless acceptable road access is obtained for the future parcels pursuant to Town Law §§ 280-a(1) and (2), b. The 40-foot right-of-way from the parcel to Warren Road, as shown on a map titled Survey Map, No. 572 Warren Road, Town of Ithaca 72-1-12.1, Tompkins County, New York, prepared by Clarence W. Brashear Jr., Licensed Land Surveyor, dated June 22, 1995, and as shown on a map titled ALTA/ACSM Survey Map, No. 602 Warren Road, Town of Ithaca, Tompkins County, New York, prepared by Darrin A. Brock, L.S., T.G. Miller P.C., dated May 5, 2005 and last revised December 29, 2009, shall remain in place, c. The driveway to the parcel shall remain paved or be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, and d. All future deeds and easements for all or part of the parcel shall contain the following provision: “This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on September 10, 2012.” Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Approved 9-24-2012 TB 9-10-2012 Page 7 of 17 East Shore Drive Open Development Area SEQR (Attachment #2) TB Resolution No. 2012- 164: SEQR: Proposed Establishment of an Open Development Area for Certain Parcels along East Shore Drive. WHEREAS, this action is the establishment of an open development area for certain parcels on the west side of East Shore Drive as identified in a map (attached) titled “Open Development Area Map, East Shore Drive, Establishment Date: September 10, 2012” and in a document (attached) titled “Open Development Area-East Shore Drive, List of Tax Parcels and Addresses of Included Properties” dated September 10, 2012; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is acting as lead agency in an environmental review with respect to this action; and WHEREAS, the Town Board, at a meeting held on September 10, 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Town Planning staff; now, therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Bill Goodman Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Discussion: Mr. Bates noted that there are two parcels in the development area that do not have structures on them at this point; one is not buildable and the other could be built on with variances. Although he is noted that it is owned by an adjacent parcel owner and is used as the yard for their home on the other parcel. The Board was not concerned about including the parcels in the Open Development Area. TB Resolution No. 2O12 – 165: Establishment of an Open Development Area for Certain Parcels along East Shore Drive WHEREAS, 33 parcels on the west side of East Shore Drive, as identified in a map (attached) titled “Open Development Area Map, East Shore Drive, Establishment Date: September 10, 2012” and in a document (attached) titled “Open Development Area-East Approved 9-24-2012 TB 9-10-2012 Page 8 of 17 Shore Drive, List of Tax Parcels and Addresses of Included Properties” and dated September 10, 2012, do not directly abut a street that is on the Town of Ithaca’s Official Map within the meaning of New York Town Law § 280-a, and WHEREAS, a railroad parcel owned by Pennsylvania Lines LLC lies between these parcels and/or the portions of these parcels containing structures and East Shore Drive, which is on the Official Map, and WHEREAS, access from these parcels to East Shore Drive is achieved by various easements and rights-of-way across the railroad parcel, and WHEREAS, these parcels currently do not have legal access to East Shore Drive within the meaning of Town Law §280-a, because access via an easement or a right-of-way does not satisfy New York Town Law § 280-a(1), and WHEREAS, over a period of many years, the vast majority of the 33 parcels have been developed, and WHEREAS, pursuant to New York Town Law § 280-a(4), on July 23, 2012, the Ithaca Town Board referred the potential establishment of an open development area for these parcels to the Ithaca Planning Board for its advice, and WHEREAS, at its August 21, 2012 meeting, the Planning Board adopted a resolution recommending that an open development area for these parcels be established, subject to certain conditions, and WHEREAS, a resolution was adopted by the Town Board for the Town of Ithaca for a public hearing to be held by the Town Board on September 10, 2012 at 5:45 P.M. to hear all interested parties on the proposed establishment of an open development area for these parcels, and WHEREAS, notice of the public hearing was advertised in the Ithaca Journal, and WHEREAS, the public hearing was held on said date and time at the Town of Ithaca Town Hall, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the proposed establishment of the open development area, and WHEREAS, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Town of Ithaca Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on September 10, 2012, made a Approved 9-24-2012 TB 9-10-2012 Page 9 of 17 negative environmental determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts I and II, maps and other materials, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby establishes an open development area for the 33 parcels on the west side of East Shore Drive, as identified in a map (attached) titled “Open Development Area Map, East Shore Drive, Establishment Date: September 10, 2012” and in a document (attached) titled “Open Development Area-East Shore Drive, List of Tax Parcels and Addresses of Included Properties” and dated September 10, 2012, subject to the following conditions as specified by the Planning Board and approved by the Town Board: a. No future subdivisions of the parcels shall occur unless acceptable road access is obtained for the future parcels pursuant to Town Law §§ 280-a(1) and (2), b. Easements or rights-of-way from each parcel to East Shore Drive shall exist at all times, c. The drives from East Shore Drive to the parcels shall be paved or be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, and d. All future deeds and easements for all or part of each parcel shall contain the following provision: “This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on September 10, 2012.” Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Consider setting public hearings TB RESOLUTION NO. 2012 –166: Setting Public Hearings regarding the consideration of the 2013 assessment rolls for the Town’s Special Benefit Districts and Special Benefit Areas, amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement increasing the water rate charges effective January 1, 2013 and the Southern Cayuga Lake Intermunicipal Water Commission’s 2013 Preliminary Budget Approved 9-24-2012 TB 9-10-2012 Page 10 of 17 BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold public hearings beginning at 5:45 p.m. on October 4, 2012 at 215 N Tioga St, Ithaca, NY regarding: 1. Consideration of the 2013 assessment rolls for following Special Benefit Districts and Special Benefit Areas: Forest Home Lighting District Glenside Lighting District Renwick Heights Lighting District Eastwood Commons Lighting District Clover Lane Lighting District Winners Circle Lighting District Burleigh Drive Lighting District Westhaven Road Lighting District Coddington Road Lighting District Water Improvement Benefited Area Sewer Improvement Benefited Area 2. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement increasing the water rate charges effective January 1, 2013 3. The Southern Cayuga Lake Intermunicipal Water Commission’s 2013 Preliminary Budget Moved: Tee-Ann Hunter Seconded: Nahmin Horwitz Vote: Ayes – Hunter, Horwitz, Goodman, Levine, Engman, Leary and DePaolo Motion passed. Presentation by Superintendent of Highway Equipment and Machinery Report (Attachment #3) Mr. Weber presented his report, as required by NYS law, noting that the figures are the same as those presented and discussed by the Budget Committee and reflected in the tentative budget. Ms. Hunter asked if the equipment listed were replacements or additions to the department and Mr. Weber responded that the first 8 were replacements and the two- post lift is a new equipment request which will allow the department to pick up full sized equipment for maintenance and repairs. Mr. DePaolo asked if the figures listed were net costs after the sale of existing equipment or purchase prices and Mr. Weber said they were the purchase prices, but retired equipment will be auctioned or sold to other municipalities that express and interest at a fair market price. Approved 9-24-2012 TB 9-10-2012 Page 11 of 17 Approval of Award of contract for the Public Works Annex Project SEQR (Attachment #4) Ms. Brock suggested changes to the SEQR form. Changes approved by mover and seconder. TB RESOLUTION NO. 2012-167: SEQR Award Contract for Construction of the Town of Ithaca Public Works Annex Addition Project WHEREAS, this project involves a 2,650 square foot addition to the existing Public Works Annex Building; and WHEREAS, this project was approved as part of the Town of Ithaca 2012 Town Budget at the October 17, 2011 Town Board meeting; and WHEREAS, this is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617 and Chapter 148 (Environmental Quality Review) of the Town of Ithaca Code, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the award of a contract for the construction of the Town of Ithaca Public Works Annex Addition Project; and WHEREAS, the Town Board, at its meeting on September 10, 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAF), Parts I and II, for this action, prepared by the Town Public Works staff; now therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Part II, and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes – Goodman, DePaolo, Levine, Engman, Hunter, Leary and Horwitz Motion passed. Mr. Weber noted that the bid amounts were under budget and the low bidder is the same contractor who is building the pole barn. Mr. Engman added that this is another example of taking advantage of the economic/work environment and low bond rates and we will realize significant savings in the long term. Approved 9-24-2012 TB 9-10-2012 Page 12 of 17 TB Resolution No. 2012-168: Authorization to Award Contract for Construction of the Town of Ithaca Public Works Annex Addition Project WHEREAS: On September 5, 2012, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Public Works Annex Addition 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 $116,250.00 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 $150,000.00 to be expended by the Town of Ithaca for this improvement, and WHEREAS: Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the contract award for construction of the Town of Ithaca Public Works Annex Addition Project is an Unlisted action for which the Town of Ithaca Town Board, acting in an uncoordinated environmental review, has on September 10, 2012 made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts I and II and other material, 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 Public Works Annex Addition 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 $11,625.00 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 – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Approved 9-24-2012 TB 9-10-2012 Page 13 of 17 Approval of wage scale for non-collective bargaining unit employees and Teamsters PWF unit TB Resolution No. 2012-169: Approval of 2013 Wage Scale for Non-Collective Bargaining Positions and Teamster PWF Unit. WHEREAS, the Town Board established a Wage Scale, which set the Hiring Minimum and Job Rate for each job classification, which may be increased each year based on a Cost of Living Adjustment (COLA); and WHEREAS, after evaluating the Consumer Price Index (CPI-W) as well as other factors, the Town Supervisor and Human Resources Manager in preparation for the 2013 Tentative budget recommended to the Personnel Committee a 2.0% Cost of Living Adjustment (COLA) for all classifications of the Wage Scale for Non-Collective Bargaining positions; and WHEREAS, the Public Works Collective Bargaining unit contract establishes a 2% COLA for 2013; and WHEREAS, the Personnel Committee reviewed and discussed the recommendation and recommends a 2.0% COLA for the 2013 Wage Scale for Non- Collective Bargaining positions; and WHEREAS, the Budget and Finance Committee during its review of the 2013 Budget worksheets discussed the Personnel Committee’s recommendation and reviewed alternatives, and also recommended the 2% COLA for the budget; and Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve a 2.0% Cost of Living Adjustment for all classifications of the 2013 Wage Scale for Non- Collective Bargaining positions (see attached sheet); and be it further RESOLVED, the Town Board approves the 2013 Wage Scale for the Teamsters Collective Bargaining unit. Moved: Tee-Ann Hunter Seconded: Bill Goodman Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Approved 9-24-2012 TB 9-10-2012 Page 14 of 17 Consider authorization to apply for extension of Safe Routes to School Grant Ms. Drake explained that there is still an issue with speed and with the increased pedestrian traffic enabled by our Safe Routes to Schools project, this can be requested as an extension or added request to that grant. TB Resolution No. 2012 – 170: Authorizing the Application for a Safe Routes to School Grant for Speed Indicator Signs WHEREAS, the Town of Ithaca recognizes that there is a desire and need to make drivers aware of their speed in school zones; and WHEREAS, the Town of Ithaca has the opportunity to apply for Non Infrastructure Safe Routes to School Grant for speed indicator signs in the school zone on Warren Road; Therefore be it RESOLVED, that the Town Board of the Town of Ithaca authorizes the submittal of a Non Infrastructure Safe Routes to School Grant for the purchase and installation of speed indicator signs in the school zone on Warren Road; and be it further RESOLVED, that the Town agrees to the requirement that expenses for the project would be paid for by the Town, with reimbursements coming from the grant, at a total cost not to exceed $20,000. Moved: Tee-Ann Hunter Seconded: Nahmin Horwitz Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Consider Consent Agenda Items TB Resolution No. 2012-171: 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.Bolton Point Abstract Moved: Bill Goodman Seconded: Nahmin Horwitz Vote: Ayes – Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Approved 9-24-2012 TB 9-10-2012 Page 15 of 17 TB Resolution No. 2012 -171a: 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. 2661 - 2699 General Fund Town wide 25,980.32 General Fund Part Town 8,155.59 Highway Fund Part Town 46,002.81 Water Fund 2,300.89 Sewer Fund 269,980.45 Fire Protection Fund 264,792.00 Risk Retention Fund 37.26 TOTAL 617,249.32 TB Resolution No. 2012-171b: 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: 1175-1229 Check Numbers: 14050-14104 Burdick Hill Tanks Project $ 67,004.83 N. Trip Rd T-main Project $ 6,000.00 Operating Fund $ 136,239.02 Approved 9-24-2012 TB 9-10-2012 Page 16 of 17 TOTAL $ 136,239.02 Less Prepaid $ 10,210.55 TOTAL $ 126,028.47 Approval of Town Board minutes of August 13, 2012 Mr. DePaolo requested a change to the draft minutes to note the actual vote of the Codes and Ordinances Committee regarding the sprinkler law revisions and clarification regarding his comments regarding dredging and associated strategies that were discussed at a meeting he attended to note that those ideas were brought to the EPA not the EPA bringing those ideas to the group. Mr. Horwitz asked about the discussion on an amendment that was proposed and Ms. Terwilliger explained that a verbal revision or amendment to a resolution was made and then withdrawn and the context of the amendment was stated in an earlier paragraph and referenced in the paragraph he was questioning. Mr. Horwitz also had questions about the sprinkler law and stated that it would be helpful to have the law attached or in the minutes so when you are reviewing the minutes you have what is discussed there. Ms. Terwilliger explained that local laws are available on the website via General Code and filed separately in bound books as required by law. Discussion followed on ways to make it easier to see proposed and approved laws as one reads the minutes. There were questions about looking at the law years from now and what would be accurate. Ms. Terwilliger suggested that the topic be discussed at RMAB and reported back to the Town Board as well as noting in the minutes the number of the law when adopted if not in the resolution body itself. TB Resolution No. 2012- 172: Approval of Minutes of August 13, 2012 WHEREAS, the draft minutes of the August 13, 2012 meetings of the Town Board have been submitted for review and approval; NOW THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes, with changes, as the final minutes of the August 13, 2012 of the Town Board of the Town of Ithaca. Approved 9-24-2012 TB 9-10-2012 Page 17 of 17 Moved: Bill Goodman Seconded: EricLevine Vote: Ayes - Goodman, Levine, Engman, Hunter, Leary, DePaolo and Horwitz Motion passed. Report of Town Officials Ms. Drake noted that a laborer has been hired who will be starting in 2 weeks. Other Business Motion made by Mr. Goodman to enter into closed session to seek the advice of counsel regarding a draft road preservation local law. Seconded by Mr. Engman. Unanimous 6:32pm. Motion made by Mr. Goodman to re-enter open session at 7:25 pm, seconded by Mr. Horwitz. Unanimous Motion made by Ms. Himter at 7:26 pm to adjourn, seconded by Mr. Levine. Unanimous Submitted Paulette Terwilliger, Town Clerk Approved 9-24-2012 "iH a n D D n D n Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca 2. Project Name Proposed establishment of an open development area 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Properties along the west side of East Shore Drive as shown on the attached map "Open Development Area Map, East Shore Drive, Establishment Date: September 10, 2012" and including those tax parcel numbers identified in the document list titled "Open Development Area - East Shore Drive, List of Tax Parcels and Addresses of Included Properties" and dated September 10, 2012. 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): The proposal is the establishment of an open development area by the Town Board in accordance with New York Town Law 280-a(4). The proposed area contains parcels, the large majority of which contain existing structures, that do not have legal access as defined by NYS Town Law 280-a(l) because the Pennsylvania Lines LLC railroad property lies between these parcels and East Shore Drive. In accordance with NYS Town Law, no building permits can be issued for any of these parcels. To remedy the situation the Town proposes to establish an open development area so that building /^^^rmits can be issued. . Amount of land affected: Approximately +/- 6 acres total initially (0-5yrs) +/- 6 Acres (6-lOyrs) +/-6 (same, no additional) (>10 yrs) +/-6 (same, no additional) Acres 7. How is land zoned presently? Lakefront Residential and Lakefront Commercial 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO ^ If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial 2L Industrial Agriculture Park/Forest/Open Space X Other X Please Describe: Cayuga Lake related uses - recreational, navigation, commercial, etc. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES ^NO 2L If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature and Date: ir 1 in/\i 1 £11!/ti^rwjEviyi/\ 1 ri\L/vii^cri//\i>w vi!/to iivuil kkj ixic/Ijiloi \jr ivii Applicant/Sponsor Name (Print or Type): PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the fall EAF, ». Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following; (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing trafHc patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. The proposed action to establish an open development area for parcels along the west side of East Shore Drive, west of the railroad, is not anticipated to pose any adverse impacts. The vast majority of the 33 parcels affected by this proposal have already been developed and have little additional development potential other than lot redevelopment or building expansion. Only two parcels have additional development potential; a 0.08 acre undeveloped residential parcel and the 2.5 acre Cornell-owned parcel containing the Sailing Center and Town's E. Shore Park. An additional undeveloped parcel also exists within the area, but given its shape and size (.01 acres) it would be significantly difficult to construct a dwelling on it. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. The proposed action will not affect any zoning, building, or other existing or future regulations guiding development of the area. The proposed action would create conformity (where it does not currently exist) with NYS Town Law 280-a pertaining to legal access and allow the Town the legal ability to issue building permits. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: ^^^lone Anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: lone Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board oL^Xs-x ltCVM^ Name of Lead Agency Preparer's Signature(If different from Responsible Officer) Herb Eneman. Town Supervisor ^^ia^ame & titl^^esponsiWe QfficerJn Lead Agency Signature of Contributing Preparer DATE: ignature of Respoi^jifle Officei/f^Ajcad Agency □□□□□□□Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca 2. Project Name Proposed establishment of an open development area 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) The property address is 572 Warren Road; Tax Parcel No. 72.-1-2.12; the location is adjacent to the Warrenwood Apartment complex and the Dewitt Middle School. 4. Is proposed action: NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): The proposal is the establishment of an open development area by the Town Board in accordance with New York Town Law 280-a(4). The proposed area is a single parcel containing an existing dwelling that does not have legal access as defined by NYS Town Law 280-a(l). In accordance with NYS Town Law no building permits can be issued for this property. To remedy the situation the Town proposes to establish an open development area so that building permits can be issued for this property. 6. Amount of land affected: Approximately 1.7 acres of land are included in the parcel that will be affected. Initially (0-5vrs) 1.7 Acres (6-lOyrs) 1.7 (same, no additional) (>10 yrs) 1.7 Acres (same, no additional) 7. How is land zoned presently? Multiple Residence 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO_X_Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space Other X Please Describe: Public schools (BOCES and Dewitt Middle School) are in the vicinity of the proposal. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/fiinding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGEApplicant/Sponsor Name (Print or Type)T^^U>^ ^ Signature and Date:, PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no« a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated vdth the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: None Anticipated. The proposed action to establish an open development area for 572 Warren Road, a 1.7 acre parcel, is not anticipated to pose any adverse impacts. The designation itself is not anticipated to create any impetus for more intense development of this property. The property currently contains an existing dwelling that was previously used as a youth group home. Any future development or redevelopment of this parcel, located in a Multiple Density Residential Zone, would be subject to existing zoning and site plan requirements. Additionally, access to this land-locked property from Warren Road by means of a 40-foot wide right of way through the Warrenwood Apartments property could pose a limiting factor to any significant future redevelopment of the property. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None Anticipated. The proposed action will not affect any zoning, building, or other existing or future regulations guiding development of the area. The proposed action would create conformity (where it does not currently exist) with NYS Town Law 280-a pertaining to legal access and allow the Town the legal ability to issue building permits for the existing dwelling. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None Anticipated. €4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. €5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None Anticipated. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None Anticipated. C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB . other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. ^Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X^Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Preparer's Signature(If different from Responsible Officer) Herb Ensman. Town Supervisor Name & tjtle of Responsible Officer In Lead Agency Signature of Contributing Preparer DATE: igiMture of Respodi^le Offlcecdif Lead Agency Attachment 3 TB 9-10-2012 Town of Ithaca Department of Public Works To: Ithaca Town Board From: James Weber, Highway Superintendent/Director of Public Works Re: Inventory of Highway Machinery and Equipment Date: September 10,2012 As Part of the 2013 Budget request, I am proposing the following vehicle replacement and new equipment: 3 Medium Trucks(#9,11, 66)$165,000 Highway/W ater/Maintenance Tractor/Trailer (#5, TIO)$250,000 Highway/Water/Sewer Tractor Mower (#32)$60,000 Highway/Stormwater/ParksAV/S Chipper (#76)$65,000 Highway/Parks/Stormwater 2 Equipment Trailers (T7,T8)$15,000 Highway/ParksAVater/Sewer Leaf Vacuum (#51)$25,000 Highway/Parks Sewer Inspection Camera **$15,000 Sewer Staff Inspection Vehicle(#25) **$22,000 Zoning New 2 Post Lift $22,500 Highway Garage New Mini Excavator $100,000 Highway/Stormwater/Parks As Part of the 2013 Budget request, I have identified the following costs for vehicle and equipment maintenance: This represents an increase of $10,500 from FY 2012 • Highway/Machinery $80,000 • Parks $18,000 • Water $10,000 • Sewer $10,000 • Engineering $1.500 $119,500 ** These items are not for Highway purposes but are included because Public Works will be responsible for procurement. PROJECT ID NUMBER 617.20 SEQR APPENDIX 0 STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION { To be completed by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR Town of Ithaca Department of Public Works 2. PROJECT NAME 2012 Public Works Facilities Upgrades 3.PR0JECT LOCATION: Town of Ithaca Municipality Tompkins County 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map 106 Seven Mile Drive Town of Ithaca Public Works Facility 5. IS PROPOSED ACTION : □ New Expansion | | Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Construction of a new 63ft. X 42ft. (2650 sq. ft)addition to existing annex building. 7. AMOUNT OF LAND AFFECTED: Initially <.1 acres Ultimately <.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? □ Yes 0 No If no, describe briefly: The Department of Public Works received a sprinkler variance and an area variance for the annex addition from the ZBA to construct the addition in a front yard. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 0 Residential 0 Industrial 0 Commercial [^[Agriculture j ^ j Park! Forest /Open Space j [Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) 0 Yes I I No If yes, list agency name and permit / approval: Town of Ithaca Building Department permit; ZBA Sprinkler and Area variances, Planning Board Approval. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes I I No If yes. list agency name and permit / approval: ZBA Sprinkler and Area variances, Planning Board Site Plan Approval. 1^AS A ^ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I lYes 1/1 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spons^ Name J / 7// Siana.re If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? , QYes 13 No If yes, coordinate the review process and use the FULL EAR. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No, a negative declaration may be superseded by another involved agency. I I Yes 13 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. If legible) 01. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No, Will be storing existing equipment and using same driveway currently in use. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No, Expanding existing facility for storage of equipment C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No, site is already developed C4- A communit/s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No, Site will have the same use as before construction. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: By building these upgrades Public Works will be freeing up space for a new larger salt storage shed to be built in 2013 a C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: No, Site is already being used as a storage area C7. OthenmgactsJincludingjchangesjn^ Small, new addition will have gas heat (will heat to 50 degrees as a non-occupied space) and electric lights. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain briefly: I I Yes [3 No E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain:□ Yes [3N0 PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above, determine whether it is substantial, large, important or othen/vise significant. Eacheffect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations containsufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. Check this box If you have determined, based on the Information and analysis atx)ve and any supporting documentation, that the proposed actlor WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determii "termjn^'on. « . Name of Lead Agency CkTC^ Prirt or Jyp^Name R^poosible Office!/ in Lead Agency lZOCCXjlDV\ Signature of Preparer (If different from responsible officer) Planning Department Report - For June. July & August 2012 n Submitted to the Ithaca Town Board for September 10,2012 meeting Planning Board - Development Reviews Frandsen 18-Lot Subdivision. Park Lane - received preliminary subdivision approval for 16 new residential lots and one lot dedicated for stormwater facilities construction located along one new road off of Park Lane (approximately 1,237 feet long). Lucatelli 2-Lot Subdivision. 1456 Trumansburg Road - no action; the applicant withdrew the proposal just prior to the Planning Board meeting. Mitchell 2-Lot Subdivision, end of Fidler Road- received preliminary and final Subdivision Approval for subdividing off a +/- 2 acre parcel from the +/- 70 acre parcel for the construction of a new residence. Salon 2-Lot Subdivision. 251 Culver Road - received preliminary and final subdivision for the subdivision of a +/-11.19 acres from a +/-28.66 acre parcel to be consolidated with the Town of Ithaca's Dress Woods Preserve. Cornell Universitv Equine Annex Garage Replacement. 110 Snyder Hill Road - received preliminary and final site plan approval and special permit construction a new 2,160 +/- square foot pole barn to replace the 1,500 +/- square foot garage/shop that was destroyed by fire in 2011. Cornell Universitv Fleet Services Consolidation and Parking Area. 209 Solidago Road - received preliminary and final site plan approval and special approval for constructing a new 101 vehicle parking lot to consolidate the Cornell fleet services. Ithaca College Hill Center Renovations. 134 Conservatory Drive - received preliminary and final site plan approval and special permit for renovations to the Ithaca College Hill Center, including re-cladding the entire exterior of the existing building, constructing a new entry, repaving the adjacent drive, and other improvements. College Crossings Modifications, corner of E. King and Danby Roads - received preliminary and final site plan approval and special permit for changes to the stormwater management plans and for the option of using the second floor of the new building for residential rental apartments instead of office space. Montessori School Addition and Alterations. 120 and 122 King Road East - received preliminary and final site plan approval and special permit for construction of a new two-story building that will connect the existing elementary and middle school buildings and will include office space, classrooms, and a new community room. GreenTree Garden SuppIv. 606 Elmira Road - received preliminary and final site plan approval for utilizing the former Ithaca Beer location for a garden supply business to include retail/store, warehousing and research space. Ithaca Beer Comnanv Development Modifications. Ithaca Beer Drive - received preliminary and final site plan approval for the option to use gravel for most of the drives and parking areas instead of asphalt, changes to the layout of the terrace and garden area, changes to the grading in two areas, a new concrete pad for equipment on the north side of the building, a new limestone block wall, and a different bollard style light. EcoVillage Gourd Workshop. Rachel Carson Way - received preliminary and final site plan approval for the construction of a 900 +/- square foot building for use as a workshop, display area, and office for production of decorated carved gourds. East Hill Farmers Market. 380 Pine Tree Road (former Courtside building site) - received preliminary and final site plan approval and special permit for establishing a once a week, seasonal, farmers market to operate on Thursdays from 3 pm to 7 pm and accommodate 20-30 vendors. P & C Fresh sign. East Hill Plaza - recommendation to the Zoning Board of Aooeals for sign variances for the former P & C grocery store. Cavuga Medical Center Tobacco Free Campus slgnage. 101 Harris B. Dates Drive - recommendation to the Zoning Board of Appeals regarding sign variances for the tobacco free campus message campaign as well as other existing hospital related signs. Tutelo Park Playground. 151 Bostwick Road - received preliminary and final site plan approval for a new playground to be located south of the ball field near the pavilion at the Town of Ithaca's Tutelo Park. J | Town of Ithaca Public Works Facility Additions, 106 Seven Mile Drive - received preliminary and final site plan approval for a +/- 4,200 square foot addition to the existing pole barn, a 2,700 +/- square foot addition to the existing annex building, and a new 240 +/- square foot mechanic's storage shed. Recommendation to the Town Board regarding the establishment of two open development areas (572 Warren Road and certain parcels on the west side of both East Shore Drive and railroad). Comprehensive Plan Update/Comprehensive Planning Committee The draft Comprehensive Plan update was released in June for public review and comment. Coinciding with the release, a public informational meeting was held which included a presentation by planning staff and a question answer session with the public. The meeting was well attended with around 25 members of the general public and another 9 attendees affiliated with the Town and/or the Comprehensive Plan Committee. In addition to the various questions asked about the Plan, several members of the public also expressed support for the Plan's general direction. The Committee has been on hiatus over the summer while awaiting comments on the draft Plan. Thus far only a small number of comments have been received. Comments from Cornell University and Tompkins County Planning Department are expected in mid-September. A second joint meeting of the City of Ithaca Comprehensive Plan Committee and the Town Comprehensive Plan Committee will take place on September lO"'. I \ I !Planning Committee The Planning Committee continued its review of the West Hill traffic modeling results/data provided by Tom Mank (Ithaca Tompkins County Transportation Council). At the August meeting the Committee directed attention to a summary report prepared by planning staff. The draft West Hill Traffic Report documents the methodology and development of build-out scenarios that provided the "input" into the traffic model and the analysis and resulting projections from the data output. The draft report also includes a findings and future considerations section. The Committee requested modifications and will be reviewing a revised version at the September meeting. Additionally, the committee also considered modifications to the EcoVillage PDZ to allow limited commercial uses and the open development area designation for 572 Warren Road and properties along the west side of E. Shore Drive (west of the railroad). Codes and Ordinance Committee The committee concluded its work on several legislative proposals which were then forwarded to the Town Board for consideration. These included amendments to the Zoning Chapter of the Town Code pertaining to definitions and requirements for garages and woodsheds and amendments to Chapter 225 of the Town Code pertaining to building sprinklers. The Committee continues to work on revisions to the Town Sign Law and also updated the committee's 2012 work plan. Conservation Board The Board is working on a number of projects including: drafting a brochure/fact sheet that would inform residents of the Town's new timber harvesting regulations applicable to conservation zones; developing a Conservation Board Facebook page; considering a recommendation to the Town Board on the rezoning . ^ request for properties on east side of East Shore Drive (the hillside) from Multiple Residence and Medium Density Residential to Conservation Zone. In addition, the Scenic Resource Committee continues to make progress on the informational display for the East Shore Drive Park—most recently seeking bids and ^ choosing a sign making company. The Coy Glen Committee continues to making progress in drafting a report to summarize the important natural features in the greater Coy Glen area and to substantiate the need for conservation zoning. The committee is proposing to rename the proposal (and their report) to the "Southwest Glens and Streams Conservation Zone" because the conservation zone boundary would encompass much more than just Coy Glen. The Board is also discussing opportunities for education and outreach efforts regarding invasive species. Agricultural Committee The committee met on July 31®'. The main agenda items were discussion of the draft Town Comprehensive Plan, committee organization-specifically revisions to the "Rules of Procedure", ideas and suggestions for an agricultural webpage on the Town's website, and the Town's sprinkler law. Committee members expressed concern with the current proposal (in the draft Comprehensive Plan) to lower the density in Ag Zones to a 15 acre minimum and did not understand why statements concerning the discouragement of Concentrated Animal Feed Operations (CAFO's) were included in the plan (a farm with 200 cows is considered a CAFO). They have asked to have their meeting minutes submitted for their comments on the Plan. Other Department Activities • Gateway Trail - staff submitted to NYS DOT a revised scoping report for the trail project and completed several grant-related tasks, including an archeological sensitivity analysis. This included conducting a survey to document structures adjacent to the trail greater than 50 years old. Over 50 residences/structures were photographed and their year built researched and documented. In addition, staff documented all ground disturbances along the trail and submitted photographs of the trail route itself. The survey report has also been submitted to NYS DOT for their review (and forwarding to the NYS Historic Preservation Office). Also as required, staff has requested and received information from NYS DEC Natural Heritage Program and the U. S. Fish and Wildlife Service concerning ecologically rare species or significant communities potentially existing within the vicinity of the trail route. The bog turtle was determined to be the only species of potential concern within the vicinity, but given that the trail is elevated (former railroad) and not conducive for a wetlands habitat, the project should not pose any threats to the turtle. • Staff met with Doug Swarts, Service Development Manager for TCAT regarding the draft Comp Plan. During the meeting, Doug explained an upcoming program at TCAT called "What's a bus stop". The idea is to begin to eliminate in the more urbanized areas customers flagging down the bus for stops and to instead TCAT is looking to add and beef up amenities at formalized bus stops. TCAT is hoping for help and support from municipalities on this program. • Staff conducted the annual inspection of the IC Wetlands Mitigation Sites. Mike Smith joined representatives from Ithaca College and the Finger Lakes Land Trust in completing the annual conservation easement monitoring visit at Ithaca College's Rich Road and Raponi Wetland Mitigation Sites. A monitoring and inspection report was prepared for each site, and a copy of this information is available for any Board member who is interested. Photographs were also taken during the visit, which are available if anyone is interested in seeing them. The site inspection found the wetland sites in compliance with the terms of the easement.