HomeMy WebLinkAboutTB Minutes 2013-01-07 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD
Monday, January 7, 2013 at 5:30 p.m.
Minutes
Present: Herb Engman, Bill Goodman, Pat Leary, Eric Levine, Tee-Ann Hunter, Rich DePaolo
and Rod Howe
Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement;
Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources; Jim Weber,
Superintendent of Public Works; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney
for the Town
Call to Order and Pledge of Allegiance
Mr. Engman opened the meeting at 5:30 p.m.
Agenda Item#2
Report of Tompkins County Legislature and Ithaca Common Council None
Agenda Item#3
Persons to be Heard
Jim Niefer—Mr. Niefer addressed the Board about his recent letter to the editor published in the
Ithaca Journal regarding the condition of the Inlet Valley Cemetery. Mr. Niefer stated that he
has walked the cemetery a number of times over the past few years and there are many veterans
buried there and the condition is deplorable. He stated that the Town is responsible for its
maintenance and there are monies in the budget for that and felt that mowing twice a year is not
acceptable. Mr.Niefer stated that it was shameful that Tutelo Park is maintained so much better
than the final resting place of veterans and pioneers of the Town of Ithaca. Mr. Niefer would
like to see the cemetery taken care of by Memorial Day and offered his assistance.
Mr. Engman gave a brief summary of what we have done and what we legally have to do noting
that the Cemetery's Association basically went bankrupt and the Town was forced to take it over
with minimal financial support from them. The Association did transfer their records but there
was a flood way back and many stones have been moved and the Town is hesitant to make any
improvements to the cemetery before burials can be plotted or verified. This is a specialized task
and State Law does provide an avenue to apply for funds to fix abandoned cemeteries which we
hope to do. He added that a gentleman had been working with the Town Historian to assess and
map the cemetery, but he had some health issues and the assessment was never completed. Ms.
Leary suggested that the topic be put on a study session and Ms. Hunter stated that she would be
willing to work with the Historian and Mr. Niefer and to look into writing a grant to move
forward.
Agenda Item#4
Acknowledge Appointment of Deputy Town Supervisor—Bill Goodman
Page 2 of 31
TB RESOLUTION 2013 - 001: Acknowledge Appointment of Deputy Town Supervisor
Moved: Eric Levine Seconded: Pat Leary
RESOLVED that the Town Board of the Town of Ithaca hereby acknowledges the Town
Supervisor's appointment of Bill Goodman as Deputy Town Supervisor to serve at the pleasure
of the Town Supervisor.
As Deputy Town Supervisor, Councilperson Goodman is hereby afforded all duties and
responsibilities of said position as prescribed by Section 42 of Town Law, General Municipal
Law, and the Public Officer's Law of the State of New York.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item# 5
Consider Re-Appointment of Town Historian—Laura Johnson-Kelly
TB RESOLUTION 2013 - 002 : Reappointment of Town Historian
Moved: Rich DePaolo Seconded: Bill Goodman
BE IT RESOLVED, that the Town Board of the Town of Ithaca does hereby reappoint
Ms. Laura Johnson-Kelly, 48 Comfort Road, Ithaca,New York as Town Historian for the term
of January 1, 2012 through December 31, 2013.
Vote: Ayes—DePaolo, Goodman, Levine, Leary, Engman, Hunter and Howe
Agenda Item#6
Consider response to DEC Gas Drilling Regulations
TB RESOLUTION 2013 - 003: Comments on the Department of Environmental
Conservation's Revised Regulations Governing High Volume Hydraulic Fracturing
Moved: Bill Goodman Seconded: Tee-Ann Hunter
WHEREAS the Town Board of the Town of Ithaca seeks to protect the health, welfare
and safety of our local residents and
WHEREAS the Town of Ithaca draws its primary water supply from Cayuga Lake and
our water and sewer plants can not filter the potential contamination from high volume hydraulic
fracturing (HVHF) and thus should be accorded the same protection as the Syracuse and New
York City water supplies and
WHEREAS the economic future of the Town of Ithaca is dependent upon education,
tourism, agriculture and quality of life, not proceeds from extractive industries and
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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WHEREAS the Governor and Department of Environmental Conservation have both
stated that regulations governing HVHF will be based on the results of science, yet extremely
few scientific studies have been completed that would reassure those living near areas of HVHF
as to its safety
Now therefore be it
RESOLVED that the Town Board of the Town of Ithaca submits the following
comments, based on those created by the Town of Ulysses, on the proposed regulations on high
volume hydraulic fracturing (HVHF):
1) Regarding process of forming regulations on HVHF
The Town Board opposes New York State's process of finalizing the regulations on
HVHF prior to the release of a health review headed by Dr. Shah and prior to the
finalization of the supplemental Generic Environmental Impact Statement (sGEIS).
Comments and recommendations from the sGEIS should first be released, analyzed and
then finally incorporated into the regulations if it is determined that the environmental
and health effects from HVHF are proven to be safe.
2) Regarding process of commenting on new HVHF regulations
The DEC's process for taking comments is incredibly cumbersome having provided no
complete set of regulations on the website to access information such as definitions nor to
be able to cross check if topics are mentioned in other parts of the newly proposed
regulations. This is not a good example of open government; to the contrary, the
segmented regulations and tight comment timeline over a holiday season projects a very
closed process. The lack of time and proper documentation is the reason the Town of
Ithaca's comments are based on those written by the Town of Ulysses.
3) Regarding Section 560.7(i)
Revised DEC regulations:
"Flowback water recovered after high-volume hydraulic fracturing operations must be
tested for naturally occurring radioactive material prior to removal from the site. Fluids
recovered during the production phase (i.e.,production brine) must also be tested for
naturally occurring radioactive material prior to removal. Radiological analyses of
flowback water and production brine must include analysis for combined radium (Ra-226
and Ra-228) and other analytes as directed by the department.
The soils adjacent to the Flowback water and production brine tanks must be measured
for radioactivity upon removal of the tanks, and at such other times as the department
may require. For soil samples, analyses must at a minimum include gamma spectroscopy
for all naturally occurring gamma emitters including Ra-226 and Ra-228 (as determined
from the presence of their decay products). "
Comment:
Testing for radioactivity is important but these regulations do not require tracking of
radioactive waste to ensure chain of custody. The DEC must determine where radioactive
waste has been disposed to ensure it does not expose people to radioactivity or migrate to
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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water bodies. Treatment of radioactive waste is expensive and not highly effective. The
DEC must assure residents that any and all radioactive waste will never make its way into
the water supply either via disposal wells, landfills or beneficial use determinations.
4) Regarding Section 560.4 Setbacks
Revised DEC regulations:
"(a)No well pad or portion of a well pad may be located:
(1) within 500 feet from a residential water well, domestic supply spring or water well or
spring used as a water supply for livestock or crops;
(2) within 500 feet from an inhabited dwelling or place of assembly;
(3) within a primary aquifer and a 500 foot buffer from the boundary of a primary
aquifer
(4) within a 100 year floodplain; and
(5) within 2,000 feet of any public water supply (municipal or otherwise, or the
boundaries of any public water supply reservoir, natural lake or man-made impoundment
(except engineered impoundments constructed for fresh water storage associated with
fracturing operations)."
Comment:
The DEC and NYS Governor stated the regulations on HVHF would be based on science.
The science behind the 500 foot setback has not been provided and research must be
completed on migration of contamination from hydrofracked wells and research on the
effect of hydrofracking on air quality in areas surrounding wells before HVHF begins.
This 2,000 foot setback from surface water supplies is positive but does not take into
account that many people, particularly in rural settings, obtain their water through ground
water and aquifers and not only primary and principal aquifers but other types of aquifers
that are unprotected by the state. Aquifers are often not mapped, therefore it is impossible
to determine whether a gas well is being drilled in an area closer than the 500 feet
recommended by the DEC. The DEC must not proceed to allow drilling until all aquifers
in an area are mapped, all abandoned gas wells are located and capped and studies are
completed documenting the health effects of air pollutants emitted from drilling sites.
The DEC does not mention setbacks from underneath lakes and rivers but should include
safe setbacks for these water bodies also even if they do not serve as a source of drinking
water for humans as they are likely drinking water for wildlife.
Citation: http://www.nicholas.duke.edu/cg_c/pnas20l I.pdf
5) Regarding 560.7 Waste Management and Reclamation
Revised DEC regulations:
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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"(a)Fluids must be removed from any on-site pit and the pit reclaimed no later than 45
days after completion of drilling and stimulation operations at the last well on the pad,
unless the department grants an extension pursuant to paragraph 554.1(c)(3) of this
Title. Flowback water must be removed from on-site tanks within the same time frame.
(b)Removed pit fluids including used drilling mud must be disposed, recycled or reused
as described in the approved fluid disposal plan submitted pursuant to paragraph
554.1(c)(1) of this Title. Transport off-site of used drilling mud,Flowback water and
production brine by vehicle must be undertaken by a waste transporter permitted
pursuant to Part 364 of this Title.
(c)Drill cuttings must be disposed as described in the approved drill cuttings disposal
plan submitted pursuant to paragraph 554.1(c)(4) of this Title. Cuttings contaminated
with oil-based mud or polymer-based mud containing mineral oil lubricant must be
contained and managed in a closed-loop tank system and may not be buried on site, and
must be removed from the site for disposal in a solid waste disposal facility. Transport
off-site of drill cuttings, except cutting samples collected upon the request of the
department or for analytical purposes by the owner or operator, and the pit liner by
vehicle must be undertaken by a waste transporter permitted pursuant to Part 364 of this
Title. Disposal or on-site burial of cuttings associated with other drilling fluids and any
associated pit liner must conform to all applicable department regulations. "
Comment:
Disposal of drilling mud, flowback water,production brine and drill cuttings refers back
to section 554.1 which outlines how these wastes are disposed of but again has no
requirement for chain of custody to ensure the waste actually reaches the intended
destination. Owners and operators are left to design their own waste plan and the state
does not specify final destinations for the waste although they do review the waste plans.
Due to federal exemptions (see citation below), many wastes from natural gas extraction
are not classified as hazardous even though they are when not associated with gas
production. The DEC should not allow wastes that would normally be classified as
hazardous when used in other industries or for other uses to be exempt from being treated
and disposed of as a hazardous waste.
Citation: EPA exemptions of oil and gas exploration and production wastes from federal
hazardous waste regulations. http://www.epa.gov/osw/nonhaz/industrial/special/oil/oil-
ag s.pdf.
One method of discarding solid waste from HVHF is in landfills with rubber liners.
These liners are not suited for holding hazardous wastes for decades and can be expected
to leak especially in wet climates such as New York. The DEC should not allow lined
landfills to be a permanent disposal site for hazardous materials as defined by the EPA
without exemptions for the oil and gas industries.
6) Regarding Section 560.6 (c)(28)
Revised DEC regulations:
"The venting of any gas originating from the objective formation during flowback must
be through a flare stack at least 30 feet in height, unless the absence of HZS has been
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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demonstrated at a previous well on the same pad which was completed in the same
producing horizon. Gas vented through the flare stack must be ignited whenever possible.
The stack must be equipped with a self-ignition device. "
Comment
Flare stacks are very loud and provide yet another reason to site drilling pads well away
from any dwellings or places where people assemble, inside or out. The DEC should
require gas companies to capture this vented gas since 1) vented methane is a strong
greenhouse gas that contributes to climate change, 2) Hydrogen sulfide gas often mixes
with the methane from shale and at chronic low levels has been linked to respiratory
irritation, dizziness, memory loss and miscarriage. At high levels, H2S is a nerve poison.
Flaring converts H2s to less toxic sulfur dioxide which is noted to cause acid rain. The
DEC must assess the economic impacts of these airborne chemicals on human health and
the environment as it writes regulations to protect not only people living now,but those
in future generations.
Citation:
Toxicological profile for hydrogen sulfide.
htt2://www.atsdr.cdc.gov/toxprofiles/t2114.pdf
Toxicological review of hydrogen sulfide http://www.epa.gov/iris/toxreviews/0061tr.pdf
7) Section 560.3(d)(2) Hydraulic Fracturing Fluid Disclosure
Revised DEC regulations:
"The department will disclose to the public the information submitted pursuant to
paragraph (1) of this subdivision except that operators or other persons who supply
information subject to paragraph (1) of this subdivision may request such records to be
exempt from disclosure as trade secrets as provided by Part 616 of this Title. Records
determined by the department to be exempt from disclosure shall not be considered a well
record for purposes of disclosure.
Comments:
The DEC must make the chemicals used in HVHF available to the public,particularly the
medical and emergency services community which must have this information to not
only treat patients correctly and fight well fires but to aggregate health records in order to
determine if there are health related trends within drilling areas. To not require such
disclosure is unethical and a public danger.
In addition, HVHF is exempt from the Federal Safe Drinking Water Act which authorizes
the EPA to regulate the injection of toxic materials into the ground. The DEC must
require that HVHF adhere to the rules governing the Federal Safe Drinking Water Act.
Citation:
Regulation of Hydraulic Fracturing Under the Safe Drinking Water Act
http://water.epa.goy/type/groundwater/uic/class2Lhydraulicfracturin /g wellsehydroreg cfm
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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8) Section 555.5(a)(1-4) Plugging and Abandonment
Comment:
This section prescribes how wells will be plugged when they are abandoned. What is not
mentioned is how abandoned wells from decades ago affect the migration of fluids and
gas as the high pressure of fracking moves materials through the shale profile. The DEC
must assess the damages caused by these unknown abandoned wells prior to allowing
drilling to determine damage caused to water and from potential blowouts of unplugged
or improperly plugged wells.
Citation:How Abandoned Wells Can Contribute to Methane Migration Problems.
http://stateimpact.npr.org//pennsylvania/2012/10/09/perilous-pathways-how-abandoned-
wells-can-contribute-to-methane-mi rag tion-problems/
9) Revised Regulatory Impact Statement; 8. Alternatives Approaches
Comment:
The DEC should consider alternative approaches that focus on a long view of energy
production and use. Rather than focusing on the economic benefits of large oil and gas
companies to its shareholders, the DEC has an obligation to help move New York to a
more energy efficient future using as many renewable sources of energy as possible and
conserving the limited natural gas for generations to come. Removing and exporting this
resource is a terribly short-sighted energy policy.
10) Revised Job Impact Statement -High-Volume Hydraulic Fracturing - 6 NYCRR Parts 52,
190, 550-556, 560, and 750 -Nature of Impact
Revised DEC regulations:
"The proposed revised rules, implemented in combination with the Final SGEIS, once
issued, will have a positive impact on jobs and employment opportunities for such
businesses as waste haulers, construction firms and providers of lodging,food and other
services. Positive impacts will be created through direct employment, induced
employment and indirect effects. This impact is expected to be concentrated in the
counties where the Marcellus and Utica Shales are more likely to be commercially
producible. Lesser though still positive impacts may also be experienced in adjacent
localities and statewide.
Categories and Numbers Affected. The proposed revised rules themselves will not
negatively affect employment opportunities, and the activities guided by the proposed
revised rules will create jobs. "
Comment:
The DEC has not accounted for economic impact studies of areas where the boom
segment of gas extraction has negatively impacted not only small businesses,but caused
housing shortages, increased pressure on local services such as highway maintenance,
police,jails, hospitals, first responders and schools. In areas where tourism is a driving
economic force, drilling for natural gas contradicts this positive economic driver. A
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number of economic studies cited below directly disagree with the DEC's projection of
an economic benefit overall.
Citation:
Natural gas Drilling in the Marcellus Shale. Potential Impacts on the Tourism Economy
of the Southern Tier.
http://www.fossil.energy.gov/pro rg ams/gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9. Natural Gas Drilling in the cMarcellus.pdf.
How New York State Exaggerated Potential Job Creation from Shale Gas Development
http://www.fossil.energy.gov/pro r�gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9. Natural_Gas_Drilling in the_Marcellus.pdf.
Fossil Fuel Extraction as a County Economic Development Strategy-Are Energy-
focusing Counties Benefiting?
http://www.fossil.energy.gov/pro r�gasregulation/authorizations/2011_applications/e
xhibits_11-128-LNG/9. Natural_Gas_Drilling in the_Marcellus.pdf
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#7
Consider comments on proposed changes to Concentrated Animal Feeding Organizations
(CAFO)
Mr. Goodman noted that the EPA comment period has been extended and the Conservation
Board and the Agricultural Committee were both supportive of the prepared comments. Ms.
Hunter added that she has been told we should be ready to comment on the renewal/revision of
the Environmental Conservation Law and Clean Water Act because they both expire in June
2014 which means the comment period will be June of 2013. There is a group working on
comments now and she has been told that would be the best time to make significant comments
to the agency.
TB RESOLUTION 2012- 004: Comments on Proposed Changes to New York State's
Regulation of Concentrated Animal Feeding Operations
Moved: Rich DePaolo Seconded: Tee-Ann Hunter
WHEREAS, the New York State Department of Environmental Conservation has
proposed making changes to Parts 360 and 750 of 6 NY Code of Rules and Regulations relating
to Concentrated Animal Feeding Operations (CAFOs), land application and storage of food
processing wastes and manure on CAFOs, and activities relating to anaerobic digestion facilities;
and
WHEREAS, among other changes, the proposed amendments include an addition to
Subdivision 750-1.5(a)that would allow Medium CAFOs which have between 200 and 299
mature dairy cows,but have no defined discharge, to be exempted from the current requirement
to obtain a State Pollution Discharge Elimination System(SPDES)permit; and
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WHEREAS, as outlined in more detail in the attached"Comments on the Draft
Environmental Impact Statement" dated January 7, 2013, the nutrient loading of the state's
waterways, including Cayuga Lake, could be significantly increased under the draft regulation
changes;
Now, therefore, be it
RESOLVED, that the Town Board of the Town of Ithaca adopts the attached"Comments
on the Draft Environmental Impact Statement" as SEQR comments on the draft regulation
changes; and be it
FURTHER RESOLVED that this Resolution and the attached Comments be sent to the
NYS Department of Environmental Conservation, United States Environmental Protection
Agency—Region 2, Governor Andrew Cuomo, State Assemblywoman Barbara Lifton and State
Senator Thomas O'Mara.
Vote: Ayes—DePaolo, Hunter, Levine, Leary, Engman, Goodman, and Howe
Agenda Item#8
Discuss and Consider Approval of Town Board Meeting Schedule for 2013
TB RESOLUTION 2013 - 005: Set Dates for 2013 Meetings of the Town Board
Moved: Bill Goodman Seconded: Rod Howe
WHEREAS the Town Board of the Town of Ithaca meets on the first Monday following
the first Tuesday of each month at 5:30 p.m. and
WHEREAS the Town Board also sets aside the second Monday following the first
meeting for an additional meeting. These second meetings are commonly called study sessions
which begin at 4:30 and are held in a smaller meeting room. These study sessions focus on
reports from committees and presentations to the board with action items added only when
necessary and
WHEREAS the Town Board also sets aside the first Thursday in October for a meeting
whose sole focus is the review and discussion of the draft Town of Ithaca Budget
Now therefore be it
RESOLVED, that the Town Board of the Town of Ithaca hereby approves the following
schedule:
January 7th and 28th
February I Ith and 25th
March I Ith and 25th
April 8th and 22nd
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May 13th No second meeting due to holiday
June 10th and 24th
July 8th and 22nd
August 12th and 26th
September 91h and 23rd
October 3rd Thursday—Budget Meeting
October 7th and 21s'
November 18th No second meeting due to holiday
December 9th No second meeting due to holiday
December 31St— Year end meeting
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#9
Discuss 2013 Association of Towns' Resolutions and Consider Designation of 2013 Official
Delegate and Alternate Delegate for the New York State Association of Towns 2013 Annual
Meeting
The Board discussed the proposed resolutions. Mr. Engman noted that there is a new Director of
the Association and felt towns should argue the proposed by-laws until there is a provision to
notify municipalities of vacancies and give the opportunity to put forth nominations or comments
regarding applicants because this is our Association. Discussion followed with the Board noting
that they will see what happens at the Annual Meeting and express their dissatisfaction publicly
and see where that goes.
TB RESOLUTION 2013 - 006: Naming of Official Delegate and Alternate for the Year
2013 to the New York State Association of Towns Annual Meeting and Support for
Reported Resolutions
Moved: Rich DePaolo Seconded: Eric Levine
WHEREAS, the NYS Association of Towns Annual Meeting will be held in New York
City and
WHEREAS, the Town of Ithaca is a member in good standing with the NYS Association
of Towns and is eligible to have voting rights at the said meeting; and
WHEREAS, it is necessary for the Town Board to appoint an Official Delegate and
Alternate who will have voting rights on behalf of the Town of Ithaca at the said meeting; now
therefore be it; and
WHEREAS, the Town Board has reviewed the Reported Resolutions from the
Association of Towns of the State of New York dated November 16, 2012
Now therefore be it
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RESOLVED, the Town Board of the Town of Ithaca hereby appoints Bill Goodman as
the Official Delegate and Herb Engman as the Alternate Official Delegate on behalf of the Town
of Ithaca at the 2013 NYS Association of Towns Annual Meeting; and be it further
RESOLVED, that the Town Board of the Town of Ithaca does hereby support the
Reported Resolutions submitted by the Association of Towns.
Vote: Ayes—DePaolo, Levine, Leary, Engman, Goodman, Hunter and Howe
Agenda Item#10
Consider Membership and/or Chair Appointment(s) to the Planning, Zoning, Conservation
and Comprehensive Planning Committee
TB RESOLUTION 2013-007a : Appointment of Planning Board Members,
Alternate Member and Chair
Moved: Rod Howe Seconded: Eric Levine
WHEREAS there is a two vacant Planning Board member positions and an Alternate
member position; and
WHEREAS an interview committee interviewed the individuals interested in the vacant
positions and
WHEREAS the Planning Board has recommended that Fred Wilcox be reappointed as
Chair of the Planning Board,
Now therefore be it
RESOLVED that the Town Board of the Town of Ithaca hereby appoints Yvonne
Fogarty of 238 Bundy Road, as a member to the Planning Board to fill the remaining six (6)
years of a seven year term beginning January 1, 2013 and ending December 31, 2018; and be it
further
RESOLVED that the Town Board of the Town of Ithaca hereby appoints Diane
Conneman of 250 Strawberry Hill Circle, as a member to the Planning Board for a seven(7)year
term beginning January 1, 2013 and ending December 31, 2019; and be it further
RESOLVED that the Town Board of the Town of Ithaca hereby appoints Joseph Haefeli
of 152 Pine Tree Road, as an Alternate member to the Planning Board for a term beginning
January 1, 2013 and ending December 31, 2013; and be it further
RESOLVED that the Town Board of the Town of Ithaca hereby appoints Fred Wilcox as
Chair of the Planning Board beginning January 1, 2013 through December 31, 2013.
Vote: Ayes—Howe, Levine, Leary, Engman, Goodman, DePaolo and Hunter
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
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TB RESOLUTION 2013 - 007b: Appointment of Zoning Board of Appeals Member,
Alternate Members and Chair
Moved: Eric Levine Seconded: Tee-Ann Hunter
WHEREAS, there is a vacant Zoning Board of Appeals member position and both
Alternate member positions; and
WHEREAS, an interview committee interviewed the individuals interested in the vacant
positions; and
WHEREAS, the Zoning Board of Appeals recommends that Kirk Sigel be reappointed as
Chair;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca
hereby appoints John DeRosa of 1316 Hanshaw Road, as a member to the Zoning Board of
Appeals to fill a five (5)year term beginning January 1, 2013 and ending December 31, 2017;
and be it further
RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Christine
Decker of 320 Old Gorge Road, as an Alternate member to the Zoning Board of Appeals for a
term beginning January 1, 2013 and ending December 31, 2013; and be it further
RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Chris Jung of
111 Salem Drive, as an Alternate member to the Zoning Board of Appeals for a term beginning
January 1, 2013 and ending December 31, 2013; and be it further
RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kirk Sigel as
Chair of the Zoning Board of Appeals.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013 - 007c: Appointments to the Conservation Board
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the
following individuals to the Conservation Board for the term of January 1, 2013 to December 31,
2014: Two-Year Appointments
Eva Hoffmann Nirav Patel
James Hamilton Ellie Stewart
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the
following individuals to the Conservation Board for the term of January 1, 2013 to December 31,
2013: One-Year Appointments
Jonathan Meigs
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Appointment of Conservation Board Chair
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kristine
Shaw as Chair of the Conservation Board for the term of January 1, 2013 to December 31, 2013.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
d. Ethics Board -Pulled
The applicant had a personal emergency come up after accepting the nomination.
e. Comprehensive Plan Committee
Ms. Ritter explained that due to Town Law, the Comprehensive Planning Committee must hold a
public hearing prior to presenting the draft Plan to the Town Board. The idea is to set a public
hearing for the Study Session at which point the Comprehensive Planning Committee will hear
comments and forward those and the Plan to the Board as their final duty. Ms. Ritter noted that
the Comprehensive Plan is a discussion item further down in the agenda and this resolution is to
extend the Committee until the public hearing can be held. Mr. Engman read the resolution out
loud due to some Board members not having a hard copy. Mr. DePaolo asked if the Committee
was ever dissolved and Mr. Engman responded that they had at the last meeting of the
Committee. Ms. Ritter noted that each year the membership of the Comprehensive Planning
Committee has been listed on the annual resolution reappointing members and that is why it is
here in this section of the agenda.
TB RESOLUTION 2013 —007e : Acknowledge continuation of Comprehensive Planning
Committee Memberships
Moved: Bill Goodman Seconded: Rod Howe
WHEREAS the Comprehensive Planning Committee has completed a draft of the
proposed Comprehensive Plan and
WHEREAS there remains the task of hosting a public hearing on the proposed draft prior
to its presentation to the Town Board
Now therefore be it
RESOLVED that the following voting members of the Comprehensive Planning
Committee
Herb Engman—Chair Hollis Erb
Pat Leary Dianne Conneman
Tee-Ann Hunter Bill Sonnenstuhl
Stephen Wagner
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shall continue to serve on the Committee through the public hearing regarding submission to the
Town Board tentatively scheduled for January 28, 2013 at which time a vote will be taken
regarding submission to the Town Board for review and the Committee will dissolve with the
Board's sincere appreciation for the time and commitment involved.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#11
Acknowledge Supervisor's Town Board Committee Appointments and Consider Town
Board Appointments for Citizen Advisory Committees and Intermunicipal Organizations
TB RESOLUTION NO. 2013-008 : Acknowledge Supervisor's Town Board Committee
Appointments and Confirm Citizen and Intermunicipal Committee Membership
Appointments and Recommendations
Moved: Herb Engman Seconded: Tee-Ann Hunter
BE IT RESOLVED that the Town Board of the Town of Ithaca ratifies the following
Town Supervisor's Town Board Committee appointments for a term beginning January 1, 2013
through December 31, 2013 and
BE IT FURTHER RESOLVED that the Town Board of the Town of Ithaca makes the
following Citizen Committee and Intermunicipal Organization appointments for a term
beginning January 1, 2013 through December 31, 2013 unless otherwise noted.
TOWN BOARD COMMITTEES
Budget Planning
Eric Levine—Chair Rich DePaolo—Chair
Herb Engman Bill Goodman
Pat Leary Rod Howe
Personnel and Organization Public Works
Bill Goodman—Chair Herb Engman—Chair
Pat Leary Rich DePaolo
Tee-Ann Hunter
(All also serve on Employee Relations) Rod Howe
TOWN BOARD AD HOC COMMITTEES
Fire and Emergency Response Youth and Recreation
Eric Levine—Chair Tee-Ann Hunter—Chair
Bill Goodman Rich DePaolo
Herb Engman Herb Engman
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 15 of 31
Tompkins County Area Development(TOAD)
Herb Engman—Chair
Bill Goodman
Tee-Ann Hunter
STAFF COMMITTEES
Employee Relations
Bill Goodman—Chair
Pat Leary
Tee-Ann Hunter
*Staff representatives are appointed by fellow staff
Records Management
Tee-Ann Hunter Paulette Terwilliger—Chair
Bill Goodman Lisa Carrier-Titti
Laura Johnson-Kelly
CITIZEN COMMITTEES
Agriculture
Bill Goodman (Liaison) Steep Hollow Farm(Christianise M. White)
Rod Howe—Alternate Tree Gate Farm(Sharon Tregaskis)
Sweyolakan Farm(Jamie Baker)
Laughing Goat Fiber Farm(Lisa Ferguson)
Forest Family Farm(Claire Forest)
A.J. Teeter Farm(Debbie Teeter)
Ithaca Equestrian Center(Russ Wedemeyer)
Associate Members:
Lance Ebel and Devon Van Noble
Codes and Ordinances
Bill Goodman—Chair Fred Wilcox—Planning Board
Pat Leary Eva Hoffmann—Conservation Board
Eric Levine Bill King—Zoning Board
of Appeals
INTERMUNICIPAL
Cayuga Lake Watershed Intermunicipal Organization
Rich DePaolo
Tee-Ann Hunter(Alternate)
Cayuga Medical Center
Rich DePaolo
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 16 of 31
Ithaca-Tompkins County Transportation Council(ITCTC) Policy
Herb Engman
Bill Goodman (Alternate)
Ithaca College Community Work Group
Rich DePaolo
Joint Youth Commission
Rich DePaolo Town Appointments are current
Eric Levine C White, L Moran, M Mahoney
Expire next year
Cable Access Oversight Committee
Rich DePaolo
Recreation Partnership
Eric Levine
Tee-Ann Hunter
Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point)
Herb Engman
Bill Goodman
Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility
Herb Engman
Tee-Ann Hunter
Rich DePaolo
Tompkins County Council of Governments
Herb Engman
Bill Goodman (alternate)
Tompkins County Municipal Health Consortium
Judy Drake Herb Engman(alternate)
Subcommittee -- Joint Committee on Plan Design
Judy Drake Herb Engman (alternate)
Vote: Ayes—Engman, Hunter, Levine, Howe, Leary, Goodman and DePaolo
Agenda Item#12
Authorizing the Town Supervisor to Execute Certain Easements, Encroachment Licenses,
and Stormwater Operation, Maintenance and Reporting Agreements
Mr. Engman noted that there was a revised resolution on the Board's desks and Ms. Brock
explained the changes saying that the revised resolution is more detailed in which easements,
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 17 of 31
licenses and agreements etc. the Board is authorizing the Supervisor to sign; namely, those that
have gone through a level of review by the Planning Board.
TB RESOLUTION 2013 —009: Authorizing the Town Supervisor to Execute Certain
Easements, Encroachment Licenses, and Stormwater Operation, Maintenance and
Reporting Agreements
Moved: Rich DePaolo Seconded: Bill Goodman
Whereas the Town routinely enters into certain easements granted to the Town,
encroachment licenses granted by the Town, and Stormwater Operation, Maintenance and
Reporting agreements for routine matters such as,but not limited to, the placement and
maintenance of public and private sewer and water lines, encroachments into Town easements,
and the construction, operation and maintenance of private stormwater facilities, and
Whereas such easements, licenses and agreements as listed above are often required by
the Town Planning Board as conditions of approval for a project, and they are often reviewed by
various Boards, Committees, the Attorney for the Town and/or department heads, and
Whereas such matters as listed above require a Town official's signature,
Now therefore be it
Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute on behalf of the Town, until the 2014 Organizational Meeting of the Town
Board, water, sewer, stormwater and access easements granted to the Town, and Stormwater
Operation, Maintenance and Reporting agreements,where such easements and/or agreements are
required by the Planning Board or Zoning Board of Appeals as conditions of approval for a
project, and
Be it Further
Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute on behalf of the Town, until the 2014 Organizational Meeting of the Town
Board, encroachment licenses granted by the Town where structures encroach into Town
easements or property, provided the licenses require the removal of all or any part of the
encroachments as the Town in its sole discretion deems necessary for the exercise of the Town's
rights or to respond to an emergency or other circumstance.
Vote: Ayes—DePaolo, Goodman, Levine, Leary, Engman, Hunter and Howe
Agenda Item#13
Consider authorization for the Town Supervisor to sign annual service contracts
Ms. Hunter asked if there were any changes to the contracts that they should be aware of. Mr.
Engman thought they were all the same except for amounts. Mr. Goodman stated that he had
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 18 of 31
found some typographical errors during his review of the contracts and in particular, there was an
Appendix A that references Tompkins County rather than the Town of Ithaca. He suggested that
the standard statement of"subject to the approval of the Attorney for the Town"be added. He
went on to say that his main concern is the Appendix and the amounts of insurance. Ms. Brock
responded that she is familiar with his concern and she could review them.
TB RESOLUTION 2013 - 010: Authorizing Supervisor to Execute Annual Contracts
Moved: Pat Leary Seconded: Tee-Ann Hunter
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Town
Supervisor to execute annual contracts, subject to approval by the Attorney for the Town,with
the following service(s)providers:
a. Legal Services— Susan H. Brock, Guy Krogh and Lorraine Moynihan-Schmidt
b. Tompkins County Area Transit(TCAT)
c. Tompkins County Public Library
d. Town Residents' Use of City Park Facilities (Cass Park)
e. Coddington Road Community Center— Summer School Program
f. Coddington Road Community Center—Grounds and Maintenance
g. Cooperative Extension
h. Learning Web
i. Gadabout
j. Lifelong
k. Human Services Coalition
1. Community Science Institute (CSI) Water Quality Monitoring
m. Ithaca Babe Ruth League MOU
n. Recreation Partnership
BE IT FURTHER
RESOLVED, that the foregoing annual contract expenditures were approved as part of
the Town of Ithaca 2013 Budget.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item #14
Consider Agreement for the Expenditure of Highway Monies
TB Resolution 2013- 2011 : Agreement for the Expenditure of Highway Monies 2013
AGREEMENT between the Town Highway Superintendent of the Town of Ithaca,
Tompkins County,New York and the undersigned members of the Town Board.
Pursuant to the provisions of Section 284 of the Highway Law,we agree that moneys
levied and collected in the Town for the repair and improvement of highways, and received from
the State for State Aid for the repair and improvement of highways, shall be expended as
follows:
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 19 of 31
HIGHWAY:
1. GENERAL REPAIRS. The sum of$155,000 shall be set aside to be expended for
primary work and general repairs upon 7 miles of town highways, including sluices,
culverts, and bridges having a span of less than five feet and walks or the renewals
thereof.
2. PERMANENT IMPROVEMENTS.
The sum of$150,000 shall be set aside to be expended for the permanent improvement of
town highways, including paving, guide rails, etc.
The sum of$750,000 shall be set aside to be expended for the permanent improvement of
Whitetail Drive and Marcy Court to re-establish shoulders, curbing, drainage facilities
and an overlay of asphalt of 0.85 miles of road.
The sum of$250,000 shall be set aside to be expended for the permanent improvement of
Forest Home Drive, at Flat Rock, to re-establish shoulders and an overlay of asphalt of
0.64 miles of road.
The sum of$200,000 shall be set aside to be expended for the permanent improvement of
Forest Home Drive to re-establish shoulders and an overlay of asphalt of 0.1 miles of
road.
The sum of$102,500 shall be set aside to be expended to complete the Town's share of
permanent improvements of the Forest Home Drive Upstream Bridge to replace the
Bridge Deck as part of the bridge replacement.
The sum of$35,000 shall be set aside to be expended for the design and construction of a
hard surface walkway on the west side of Pine Tree Road between State Route 366 to
Maple Avenue.
The sum of$70,250 shall be set aside to be expended for design and construction of a
concrete walkway on the north side of Hanshaw Road from the Village of Cayuga
Heights boundary to Salem Drive.
Moved by Tee-Ann Hunter, seconded by Rod Howe,unanimous.
Executed in duplicate this 7th day of January 2013
SIGNATURES
NOTE: This Agreement should be signed in duplicate by a majority of the members of the
Town Board and by the Town Highway Superintendent. One copy must be filed in the Town
Clerk's office and one in the County Superintendent's office.
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 20 of 31
Agenda Item#15
Consider Authorization for Certain Expenditures by the Superintendent of Highways
without Prior Town Board Approval
The draft resolution was moved and seconded for discussion. The concern was whether board
approval would be sought in instances where the lowest bid was not being considered. re was
some discussion on whether this meant that anything we authorized money to be spent on will
not come to the Board for authorization to award. Mr. Engman and Mr. Weber explained that all
items would still go out to bid as required by law and this is specific to equipment; capital
projects would still come to the Board for authorization of award. Ms. Brock reviewed the few
instances when bids are can be not considered. She noted that in the very few instances there has
been a question, Mr. Weber has consulted her. Mr. DePaolo suggested that the Mr. Weber could
report to the Public Works Committee and through that to the Town Board. Verbiage was added
to the resolution in the first RESOLVED to require Board approval if anything but the lowest
responsible bidder was being considered for award of contract.
TB RESOLUTION 2013 - 012: Resolution Authorizing Certain Expenditures by
Superintendent of Highways without Prior Town Board Approval
Moved: Bill Goodman Seconded: Rich DePaolo
WHEREAS, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes
the Town Board to adopt a resolution permitting the Town Superintendent of Highways to
purchase equipment, tools and implements without prior approval of the Town Board in an
amount or amounts to be fixed by it from time to time; and
WHEREAS, at its October 15, 2012 Town Board meeting the Town Board adopted a
2013 Ithaca Town Budget which included monies for the purchase of vehicles, tools and
equipment; and
WHEREAS, it is determined by this Board to be reasonable and proper and in the best
interests of the efficient functioning of the Public Works Department that the Town
Superintendent of Highways be granted permission to purchase such items without its prior
approval in amounts not to exceed the approved respective budgeted amounts; now therefore be
it, and
RESOLVED, that the governing Town Board of the Town of Ithaca does hereby
authorize the Town Superintendent of Highways to spend amounts not to exceed what is
identified within the adopted 2013 Ithaca Town Budget, without the prior approval of this Board,
for the purchase during fiscal year 2013 of vehicles, tools and equipment to be used for highway,
maintenance, construction, reconstruction, and/or snow removal; except when the lowest
responsible bidder is not selected and be it further
RESOLVED, that the authorization hereinabove granted shall be construed as meaning
that the total amount spent on each item purchased by the Town Highway Superintendent during
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 21 of 31
fiscal year 2013 shall not exceed the respective budgeted amount for that item in the adopted
2013 Ithaca Town budget.
Vote: Ayes—Goodman, DePaolo, Levine, Leary, Engman, Hunter and Howe
Agenda Item#16
Discuss and consider annual approval of Ethics Disclosure Form and Distribution List
Mr. Engman noted that there is a new version on the desks and the changes are in B and C
regarding additional disclosures the Ethics Board requested from Attorneys for the Town.
Discussion followed and the suggested verbiage was refined for both sections. The goal is to
know whether of not the Attorneys for the Town provide services for non-profits or other entities
with which the Town also has contracted services or provides funding to. Discussion followed
and typographical errors were also fixed. The Board approved the form, noting that we would
see how it went this year and go from there. (Both versions will be attached on the Minutes and
Materials online for reference to the changes)
TB RESOLUTION 2013 - 013: Approval of Revised Ethics Disclosure Form and
Distribution List
Moved: Rod Howe Seconded: Pat Leary
Whereas the Town Board reviews the Ethics Disclosure Form and Distribution List of positions
required to complete the Form annually at its Organizational Meeting each year as required by
the Town Code and
Whereas the Ethics Board suggested changes to the Form and the Board has discussed and
considered their recommendations
Now therefore be it
Resolved that the Town Board hereby adopts the revised Ethics Disclosure Form, with changes,
and affirms the list of Town positions required to submit the Form.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#17
Discuss and consider annual approval of Town Board Protocol and Procedures
TB RESOLUTION 2013 - 014: Approval of The Town's Board Protocol and Procedures
Manual
Moved: Rich DePaolo Seconded: Eric Levine
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 22 of 31
WHEREAS the Town Board has adopted and approved the use of the Board Protocol and
Procedures Manual and
WHEREAS the Manual is to be reviewed and reaffirmed annually
Now therefore be it
RESOLVED, the Town Board of the Town of Ithaca does hereby reaffirm and approve
the use of the Board Protocol and Procedures Manual as the rules of its procedures for the Town
Board as authorized by Town Law Section 63.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#18
Discuss Procurement Policy
Mr. Engman noted that Mr. Solvig has started reviewing the present policy and there are
numerous changes that need to be made that he will be working on. The State has made a lot of
changes to the limits and some procurement opportunities that are now available to
municipalities. This will be on a later Board meeting agenda.
Agenda Item#19
Consider setting a public hearing regarding a Local Law amending the Town of Ithaca
Code, Chapter 18, entitled "Citizen and Staff Advisory Committees" to generally require
members of citizen committees to be Town residents
Mr. Goodman explained that this is in response to the Board Protocol change.
TB RESOLUTION 2013- 015: Setting a public hearing regarding a Local Law Amending
the Town of Ithaca Code, Chapter 18, entitled "Citizen and Staff Advisory Committees", to
Generally Require Members of Citizen Committees to be Town Residents
Moved: Bill Goodman Seconded: Herb Engman
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 11th day of February,
2013 at 5:45 p.m. for the purpose of providing full opportunity for citizen participation and input
in the preparation of a proposed local law amending the Town of Ithaca Code, Chapter 18
entitled"Citizen and Staff Advisory Committees", to Generally Require Members of Citizen
Committees to be Town Residents
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
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 23 of 31
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of
same on the signboard of the Town of Ithaca.
Vote: Ayes—Engman, Goodman, Levine, Leary, DePaolo, Hunter and Howe
Agenda Item#20
Consider setting a public hearing regarding a Local Law amending the Town of Ithaca
Code, Chapter 270, Section 233 entitled "Permit to Build" to allow issuance of building
permits in certain circumstances even if zoning violations exist
Mr. Goodman explained that this came from Codes and Ordinances in response to a request from
Mr. Bates to make the process more user friendly and allow certain building projects to move
forward concurrent with seeking Zoning Board variances for minor existing violations.
TB RESOLUTION 2013- 016 : Setting a public hearing regarding a Local Law Amending
the Town of Ithaca Code, Chapter 270, Section 233 entitled "Permit to Build"to Allow
Issuance of Building Permits in Certain Circumstances even if Zoning Violations Exist
Moved: Tee-Ann Hunter Seconded: Eric Levine
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 11ffi day of February, 2013 at
5:45 p.m. for the purpose of providing full opportunity for citizen participation and input in the
preparation of a proposed local law amending the Town of Ithaca Code, Chapter 270, Section
270-233 entitled"Permit to Build" of the Town of Ithaca Code, to Allow the Issuance of
Building Permits in Certain Circumstances even if Zoning Violations Exist
RESOLVED, that at such time and place all persons interested in the proposed local law may be
heard concerning the same; and it is further
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to
publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the
signboard of the Town of Ithaca.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#21
Consider setting a public hearing regarding a proposed Water Improvement for the Town
of Ithaca, Tompkins County,New York, pursuant to Article 12-C of the Town Law to be
known as the Burdick Hill Road Replacement Tank Water Improvement Project
Ms. Brock explained the changes to the draft which were to mirror our customary format and
verbiage.
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 24 of 31
TB Resolution No. 2013- 017: Order Setting a Public Hearing Regarding a Proposed
Water Improvement for the Town of Ithaca Pursuant to Article 12-C of Town Law to be
known as the Burdick Hill Road Replacement Tank Water Improvement
Present: Herb Engman, Bill Goodman, Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo
and Rod Howe
WHEREAS, the Town Board of the Town of Ithaca, Tompkins County,New York, in
conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of
Lansing and Dryden, has determined and agreed to participate in the provision of a joint water
project for a new replacement water tank at Burdick Hill Road and to contract joint indebtedness
therefore in accordance with Section 15.00 of the Local Finance Law pursuant to an Agreement
of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal
Water Supply and Transmission System(the "Intermunicipal Agreement"); and
WHEREAS, a map, report and plan, including an estimate of cost, have been duly
prepared in such manner and in such detail as has heretofore been determined by the Town
Board of the Town of Ithaca, Tompkins County,New York, relating to the construction of a new
replacement water tank at Burdick Hill Road to be known as the Town of Ithaca Burdick Hill
Road Replacement Tank Water Improvement ("Water Improvement"); and
WHEREAS, said map, plan and report, including estimate of cost, were prepared by a
competent engineer, duly licensed by the State of New York and have been filed in the office of
the Town Clerk of said Town, where the same are available during regular office hours for
examination by any person or persons interested in the subject matter thereof; and
WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca
Burdick Hill Road Replacement Tank Water Improvement consists of the entire area of said
Town excepting therefrom the area contained within the Village of Cayuga Heights, and
WHEREAS, the capital improvements proposed in connection with the Water
Improvement of the Town of Ithaca consist of the construction of a new replacement water tank
at Burdick Hill Road; at an initially determined maximum estimated cost to said benefited area
of $792,300, it being determined that (1) the additional $707,700 of the $1,500,000 aggregate
maximum estimated cost shall be initially apportioned and allocated to the Villages of Lansing
and Cayuga Heights and water districts in the Towns of Lansing and Dryden and that (2) joint
indebtedness shall be issued therefore and that (3) the ultimate share of the cost to be allocated to
the Town of Ithaca pursuant to Intermunicipal Agreement shall be determined on the basis of
benefits received or conferred or to be received or conferred from the aforesaid improvement;
and
WHEREAS, said $1,500,000 maximum estimated cost, which is the cost of the project,
shall be authorized to be financed by the joint issuance by the Town of Ithaca, with the Towns of
Dryden and Lansing and the Villages of Cayuga Heights and Lansing, of joint serial bonds with
a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law;
and
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 25 of 31
WHEREAS, said maximum estimated cost, as to the Town of Ithaca of$792,300 is not
greater than one-tenth of one per centum of the full valuation of taxable real property in the area
of the Town of Ithaca outside of any villages; and
WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by
the real property in said benefited area by assessing, levying upon and collecting from the several
lots and parcels of land within such area, outside of any village, which the Town Board shall
determine and specify to be especially benefited by the improvements, an amount sufficient to
pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation
of the issuance of serial bonds, as the same become due and payable; and
WHEREAS, the aforesaid improvements have been determined to be a Type II Action
pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act, the implementation of
which as proposed, it has been determined in accordance with the criteria in 6 NYCRR Section
617.5(c)(2) will not result in any significant environmental effects and will not be subject to
further review; and
WHEREAS, it is now desired to call a public hearing for the purpose of considering said
map, plan and report, including estimate of cost, and to hear all persons interested in the subject
thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town
Law;NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as
follows:
Section 1. A public meeting of the Town Board of the Town of Ithaca, Tompkins
County, New York, shall be held at the Town Hall, 215 North Tioga Street, in Ithaca,New York,
in said Town, on the 11th day of February, 2013, at 5:30 o'clock P.M., Prevailing Time, to
consider the aforesaid map, plan and report, including estimate of cost, and to hear all persons
interested in the subject thereof concerning the same and to take such action thereon as is
required by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this
Order with a Notice of Adoption to be published once in the official newspaper, and also to post
a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor
more than twenty (20) days before the day designated for the hearing as aforesaid, all in
accordance with the provisions of Section 209-q of the Town Law.
Section 3. This Order shall take effect immediately.
Moved: Tee-Ann Hunter Seconded: Eric Levine
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 26 of 31
Agenda Item#22
Consider Consent Agenda Items
TB RESOLUTION 2013-018: Consent Agenda
Moved: Rich DePaolo Seconded: Herb Engman
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or
adopts the following Consent Agenda items:
a. Approval of Town Board Minutes of December 10th and 30th, 2012—Pulled
b. Town of Ithaca Abstract
c. Bolton Point Abstract
d. Voucher Deadline Schedule for 2013
e. Designation of Official Newspaper
£ Designation of Official Depositories of Town Funds
g. Official Bonds of Town Officers and Employees
h. Increase the Open Space Reserve
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013 -018b: Town of Ithaca Abstract
Moved: Rich DePaolo Seconded: Herb Engman
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. 3182 - 3204
General Fund Town wide 14,494.99
Highway Fund Part Town 13,158.08
Water Fund 19,713.75
Sewer Fund 5,079.13
TOTAL 52,445.95
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 27 of 31
TB RESOLUTION 2013-018c: Bolton Point Abstract#013 & #001
Moved: Rich DePaolo Seconded: Herb Engman
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: 1434-1487
Check Numbers: 14311-14364
#013 #001
Burdick Hill Tanks Project $124,955.20 0
N. Trip Rd T-main Project 0 0
Operating Fund $ 34,396.39 $9,706.21
TOTAL $159,351.59 $9,706.21
Less Prepaid $ 23,253.89 $ 637.72
TOTAL $136,097.70 $9,068.49
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013 - 018d: YEAR 2013 PROCESSING VOUCHERS/INVOICES
DEADLINE DATES
Moved: Rich DePaolo Seconded: Herb Engman
WHEREAS, to facilitate an efficient and timely method for processing vouchers/invoices
for the monthly abstracts it is necessary to establish a deadline for submission of
vouchers/invoices by vendors, staff, and other service people; and
WHEREAS, the Accounting Department has determined the following dates to properly
prepare the vouchers/invoices for approval; now, therefore, be it
RESOLVED, the Town Board does hereby adopt the following schedule for the year
2013 as the last date by all vendors, staff, and other service people to submit vouchers/invoices
to the Accounting Department for presentation to the Town Board on the Abstract Date:
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 28 of 31
Deadline Dates Abstract Dates
Wednesday, January 23, 2013 Monday, January 28, 2013
Thursdav, January 31, 2013 Monday, February 11, 2013
Wednesday, February 20, 2013 Monday,February 25, 2013
Thursdav, February 29, 2013 Monday, March 11, 2013
Wednesday, March 20, 2013 Monday, March 25, 2013
Friday, March 29, 2013 Monday, April 8, 2013
Wednesday, April 17, 2013 Monday,April 22, 2013
Tuesday, April 30, 2013 Monday, May 13, 2013
Wednesday, May xx, 2013 Monday, May xx, 2013
Friday, May 31, 2013 Monday, June 10, 2013
Wednesday, June 19, 2013 Monday, June 24, 2013
Friday, June 28, 2013 Monday, July 8, 2013
Wednesday, July 17, 2013 Monday, July 22, 2013
Wednesday, July 31, 2013 Monday, August 12, 2013
Wednesday, August 21, 2013 Monday,August 26, 2013
Friday, August 30, 2013 Monday, September 9, 2013
Wednesday, September 18, 2013 Monday, September 23, 2013
Monday, September 30, 2013 Monday, October 7, 2013
Wednesday, October 16, 2013 Monday, October 21, 2013
Monday, Thursday October 31, 2013 Thursday,November 7, 2013
Wednesday,November 13, 2013 Monday,November 18, 2013
Friday, November 29, 2013 Monday, December 9, 2013
Friday, December 27, 2013 Tuesday, December 31, 2013
BE IT FURTHER RESOLVED, vouchers/invoices must be submitted no later that 12:00
p.m. on the Deadline Date.
Vote: Ayes-Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013-018e: DESIGNATION OF OFFICIAL NEWSPAPER
Moved: Rich DePaolo Seconded: Herb Engman
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates the
Ithaca Journal as the official newspaper for the Town of Ithaca for the year 2013.
Vote: Ayes-Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013-018f: Designation of Official Depository of Town Funds
Moved: Rich DePaolo Seconded: Herb Engman
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby designates
Tompkins Trust Company as the official depository for monies coming into the hands of the
Adopted 1-28-2013 Town Board Meeting - January 7, 2013
Page 29 of 31
Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2013; and,be
it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified
copy of this resolution to the Tompkins Trust Company.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013-0188: Official Bonds for Town Officers & Employees
Moved: Rich DePaolo Seconded: Herb Engman
BE IT RESOLVED, by the Town Board of the Town of Ithaca, that the Faithful
Performance Bonds for the Town Officials and Employees for the year 2013 are approved as
followed:
Town Supervisor/Fiscal Officer $3,000,000.00
Deputy Town Supervisor $3,000,000.00
Finance Officer $3,000,000.00
Receiver of Taxes $3,000,000.00
Town Clerk $ 25,000.00
Town Justice, James Salk $ 25,000.00
Town Justice, David Klein $ 25,000.00
Highway Superintendent $ 25,000.00
All Other Employees (Per Person) $ 25,000.00
Forgery&Alteration $ 5,000.00
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
TB RESOLUTION 2013—018h : Increasing the Open Space Plan Reserve
Moved: Rich DePaolo Seconded: Herb Engman
WHEREAS, the Open Space Plan Reserve was created by the Ithaca Town Board on
October 2, 1997 for the acquisition of development rights and the future development of parks
and preservation of open space, and
WHEREAS, as of the year ended December 31, 2012 the balance of the Open Space
Plan Reserve totaled approximately $682,500 in reserved Fund Balance within the General
Townwide Fund, and
WHEREAS, this Town Board indicated its intention to increase the Open Space Plan
Reserve by the amount of$75,000 in the 2013 Town of Ithaca Budget, now therefore be it
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 30 of 31
RESOLVED, that this governing Town Board hereby designates an additional $75,000 of
unreserved Fund Balance of the General Townwide Fund as reserved for the Open Space Plan,
and be it further
RESOLVED, that the Town Board approves, authorizes and directs the Town Finance
Officer to transfer $75,000 from the General Townwide Fund account to the Open Space Plan
Reserve account.
Vote: Ayes—Levine, Leary, Engman, Goodman, DePaolo, Hunter and Howe
Agenda Item#23
Report of Town Officials
Comprehensive Plan Update—Mr. Engman reported that Dianne Conneman has
offered to be our liaison to the City's Comprehensive Planning Committee if the Board had no
objections. There were none.
Ms. Ritter introduced the draft Comprehensive Plan which will be formally presented to the
Town Board after the public hearing held by the Comprehensive Planning Committee.
Ms. Ritter noted that although the Committee looked closely at the Goals and Objectives section
and the Future Land Use Plan sections, they did not delve into Chapter 4, the Plan
Implementation portion. However, since the Plan Implementation section identifies the priorities
for implementation of the Plan, it is most appropriate for the Town Board to really take the lead
on this section and decide what their priorities are. The Plan Implementation section is located
in the pocket of the binder. The revised draft Plan will be on the web, at the library, town hall,
and public works.
Agenda Item#24
Report of Town Committees
Ms. Hunter talked about the Inlet Valley Cemetery and offered to work with Ms. Johnson-Kelley
on a grant. Mr. Engman noted that Cemeteries are supposed to put aside 25% of the monies
taken in for perpetual care and the State has not been good in monitoring that and this will not be
the only cemetery we will be forced to take over so it is a policy decision with fiscal implications
because the question is how much the public is responsible for, through their tax dollars, to fix
something that a viable company got paid to do and essentially went bankrupt.
Agenda Item#25
Intermunicipal Organizations—None
Agenda Item#26
Review of Correspondence—None
Adopted 1-28-2013 Town Board Meeting — January 7, 2013
Page 31 of 31
Meeting was adjourned upon a motion and second at 7:34 p.m.
RespecitMly sijfomj ed^
Paulette Terwilliger, Town Clerk
Adopted 1-28-2013 Town Board Meeting - January 7, 2013