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HomeMy WebLinkAboutTB Minutes 2013-04-08 Meeting of the Ithaca Town Board Monday, April 8, 2013 at 5:30 p.m. 215 North Tioga Street,Ithaca, NY 14850 Minutes Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and 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; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney for the Town Agenda Item 1 Call to Order and Pledge of Allegiance—Mr. Engman called the meeting to order at 5:30 p.m. Agenda Item 2 Report of Tompkins County Legislature—None Agenda Item 3 Report of Ithaca Common Council—None Agenda Item 4 Persons to be Heard and Board Comments Angela Meneto—Ms. Meneto noted that she lives on West Hill and talked about the Comprehensive Plan stating that it has its reasonable points at its high levels,but the devil is in the details and she has concerns about the traffic issues and the basic geography where you have to go over an inlet to get anywhere and if expansion should happen, the impact on fire and ambulance service and how they would respond through traffic. She also talked about elder housing and stated that she works a lot with the elderly and Ithaca is not well situated for the elderly. Seniors need access to pharmacies and groceries rather than a hospital. She added that she has also written to Ms. Ritter and a few of the Board members. Ms. Terwilliger noted that a resident, Tom Hohn, had submitted a letter to the Board this afternoon and copies were in front of them. The letter will become part of the minutes as an attachment. Board Comments Mr. Engman mentioned that he was saddened that the City of Ithaca decided to rebuild their water plant instead of collaborating with Bolton Point for water because these types of opportunities for intermunicipal cooperation only come around once a century. He felt there was enough blame to go around between both Bolton Point and the City and their inability to agree on a compromise to join Bolton Point There were some legitimate issues but others that he didn't understand, such as a stated concern for redundancy because Cornell supplies the needed redundancy and would continue to. Quite simply, it is much cheaper to produce water when you have one water plant for 60K people instead of 2 water plants for 30K each. It is also much easier to get clean water from the lake where a lot of the sediment has already been naturally filtered as opposed to muddy water. The current budget for building their own plant is $37M and those who have been through this before think it will be much closer to $40-$50M. Agenda Item 5 5:30 p.m. Public Hearing Regarding a Request from Ithaca Beer for a Waiver or Reduction in Temporary Certificate of Occupancy Fee The public hearing was opened at 5:43p.m. There was no one wishing to address the Board and the hearing was closed. Mr. Engman drew the Boards attention to the code governing the request, the memo and recommendation from the Codes department and the draft resolution with 3 options. Mr. DePaolo asked if Mr. Mitchell had sent any materials in with the request with his reasoning and Mr. Goodman asked about the timing and reason for the dust control equipment and Mr. Bates responded that he has not received any additional information from Mr. Mitchell and he explained that different areas of the building came on-line with different iterations of the Certificate of Occupancy and a different type of hammer mill was installed that created dust that required mitigations according to code. The project has gone through many changes and in design and installation and numerous inspections. Mr. Engman asked about the criteria regarding whether the delay was self-created and Mr. Bates responded that with all of the changes he has implemented from the original design and specifications, he felt the delay was self-created. Mr. DePaolo moved the option denying the request based on the lack of any evidence presented that this is a hardship or due to any extenuating circumstance despite our personal feelings for the project or the person. Mr. Goodman added that one of the criteria is significant financial hardship and this does not seem significant and he probably should have come before the Board in July and asked for a longer-term Certificate of Occupancy which we had the authority to issue at that time but not retroactively. TB Resolution No. 2013- 053: Deny Request From Ithaca Beer, LLC for a Waiver or Reduction in Fee for a Temporary Certificate of Occupancy Whereas a resolution was duly adopted by the Ithaca Town Board for a public hearing to be held on April 8, 2013 at 5:30 p.m. regarding the request for a waiver of a Temporary Certificate of Occupancy Fee pursuant to Town of Ithaca Code, Chapter 125, Titled, Building Construction and Fire Prevention, Sec. 125-7 B(9),(a) [2] [a-e],and(b) in order to refund the Ithaca Beer fee, and Whereas said public hearing was duly advertised and 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 the request for a reduction or waiver of fee; TB 4/8/2013 pg 2 Now therefore be it Resolved that the Ithaca Town Board does hereby find that the request does not meet the criteria listed in the Code referenced above and therefore cannot grant a reduction or waiver of the fee for issued Temporary Certificate of Occupancy. Moved: Rich DePaolo Seconded: Pat Leary Vote: Ayes—DePaolo, Leary, Engman, Goodman, Levine, Hunter and Howe Agenda Item 6 5:30 Public Hearing Regarding a Proposed Water Improvement in the Town of Ithaca, Tompkins County,New York,pursuant to Article 12-C of the Town Law,to be known as the Town of Ithaca Coddington Road Water Main Water Improvement Ms. Brock has a change to Part 2, c 1 to add the definitive statement that traffic impacts are not expected to be significant. TB Resolution No. 2013-054: SEQR—Coddington Road Water Main Water Improvement Project Whereas this action is the replacement of sections and relocation of the existing route to increase efficiency known as the Coddington Road Water Main Water Improvement Project and Whereas this is an unlisted action for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project and Whereas the Town Board, at a public hearing held on April 8, 2013 reviewed and accepted as adequate the Environmental Assessment Form(EAF), Parts I and 11 for this action submitted by the Town Engineer, along with other application materials; Now therefore be it Resolved: that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the EAF Part I and for the reasons set forth in the EAT Part 11. Moved: Rod Howe Seconded: Tee Ann Hunter Vote: Ayes—Howe, Hunter, Levine, Leary, DePaolo, Engman and Goodman Public hearing was opened at 5:59 p.m. There was no one wishing to address the Board on this topic and the hearing was closed. TB 4/8/2013 pg 3 Adoption of Public Interest Order Mr. Weber gave the history of the need for the project in the phasing that we are, noting that there have been a number of breaks in the southern end of this line and we have broken it into two phases to get the problems fixes and later to piggyback on the County's repair project to save some money on this project. TB Resolution No.2013 -055 : Adoption of a Public Interest Order for the Town of Ithaca Coddington Road Water Main Water Improvement In the Matter of the proposed Water Improvement in the Town of Ithaca, Tompkins County,New York,pursuant to Article 12-C of the Town Law,to be known as the Town of Ithaca Coddington Road Water Main Water Improvement Present: Herb Engman, Supervisor; Board Members Bill Goodman, Pat Leary, Eric Levine, Tee Ann Hunter, Rich DePaolo and Rod Howe Motion made by Bill Goodman, seconded by Rod Howe WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County,New York, relating to the creation and construction,pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Coddington Road Water Main Water Improvement, and hereinafter also referred to as the "Improvement,"to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on March 11, 2013, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca,New York, in said Town, on the 8th day of April, 2013 at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and TB 4/8/2013 pg 4 WHEREAS, at its regular meeting on April 8, 2013, the Town Board determined approval, construction and implementation of the Improvement, which is an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Coddington Road Water Main Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Coddington Road Water Main Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The proposed project will install 14,100 L.F. of new 8"water main on Coddington Road from Hudson Street, City/Town Line, to Burns Road. This will result in the replacement of the existing water main and related ancillary facilities. The project will be divided into two phases; Phase 1 will replace 9,640 L.F. from the Northview Water Tank to Burns Road and Phase 2 will replace 4,460 L.F. from Hudson St. to the Northview Water Tank. This work will be constructed in 2014 and 2015 prior to the County's reconstruction of Coddington Road, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Coddington Road Water Main Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca water improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $2,300,000, which shall be financed as follows: temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it TB 4/8/2013 pg 5 FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, It is hereby determined that the estimated expense of the aforesaid Improvement exceeds one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is required for such Improvement. The Town Clerk be and hereby is authorized and directed to file a certified copy of this Order in the office of the State Department of Audit and Control, at Albany,New York, together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid Improvement, within 10 days after the adoption of this Order. The Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the receipt of notification of the approval of the State Comptroller, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Engman, aye; Goodman, aye; Hunter, aye; Howe, aye; Levine, aye; Leary, aye; DePaolo, aye. The Order was thereupon declared duly adopted. Agenda Item 7 Consider Setting a Public Hearing Regarding a proposed Local Law Amending Chapter 230 of the Town of Ithaca Code, entitled "Streets and Sidewalks" to add an Article related to Road Preservation Ms. Hunter asked if this came out of a committee and Mr. Goodman responded that it has gone through Public Works Committee. Ms. Hunter asked if this would allow for the widening of roads at any point and Mr. Goodman responded that it would not, this would be to return the road to its current configuration and rebuild to the Town's standards. If in some instance a request was made to widen a road that question would have to come before the Town Board and is not associated with this particular law; this law would not require us to allow that. Ms. Brock noted that if a road-use agreement is used, that is subject to approval by the Town Board which would be another opportunity for full board input and approval or denial. Mr. Engman noted that this covers the Town for large projects that may not be in the Town itself, but the Town gets a lot of traffic from the project as a through way to it. Mr. DePaolo had a question on process, noting that the superintendent of highways is doing the negotiation and crafting of an agreement and the Board comes in at the end and he asked about the thinking TB 4/8/2013 pg 6 behind that. Ms. Brock noted that this was drafted along the County's version and she had added approval of the Town Board and Mr. Weber added that he felt his role would be in the technical aspects of the negotiations and agreement. TB Resolution No. 2013- 056: Setting a Public Hearing Regarding a Local Law Amending Chapter 230 of the Town of Ithaca Code, Entitled "Streets and Sidewalks" to add an Article related to Road Preservation 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 13th day of May, 2013 at 5:30 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 230, entitled"Streets and Sidewalks,"by adding a new Article related to Road Preservation. Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes—Goodman, Howe, DePaolo, Engman, Leary, Levine and Hunter Agenda Item 8 Discuss and Consider Authorization for Engineering Services Agreement for Engineering Evaluation of Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building Ms. Brock noted that the contract is not in final form yet but if the Board was comfortable authorizing the Supervisor to sign the contract subject to the approval of the Attorney for the Town the resolution could be changed slightly to reflect that. The Board was in favor of those changes to allow the process to move forward. TB Resolution No. 2013 - 057: Authorization for Services Agreement for Engineering Evaluation of Bar Screen and Biosolids Dewatering Equipment and other Miscellaneous Improvements to the Influent Building at the Ithaca Area Wastewater Treatment Facility Whereas, Capital Project 416J - Ithaca Area Wastewater Treatment Plant for Various Miscellaneous Plant Improvements was authorized by the Ithaca Town Board on May 12, 2008 for $1,504,950; and TB 4/8/2013 pg 7 Whereas, $1,447,624.36 has been spent on Capital Project 416J, leaving an authorized balance of$57,325.64; and Whereas, to continue improvements to the influent building, Ithaca Area Wastewater Treatment Facility (IAWWTF) staff recommends evaluating equipment to replace the bar screen, to add a leachate storage system and a biosolids dewatering system; and Whereas, a professional services agreement to perform the evaluation for an amount not to exceed$44,500 is being prepared; and Whereas, the Special Joint Committee (SJC) recommended that the municipal owners enter into a professional services contract with GHD Consulting Services, Inc at its March 13, 2013 meeting, contingent on attorney approval of the agreement, and on approval of all IAWWTF owners; therefore be it Resolved, that the Ithaca Town Board hereby approves an amount not to exceed $44,500 from Capital Project 416J to fund the proposed agreement with GHD Consulting Services, Inc.; and Further Resolved, that each owner's share of the cost according to each municipality's percentage of ownership interest in IAWWTF is as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $25,427.30 Town of Ithaca 40.88 18,191.60 Town of Dryden 1.98 881.10 $ 44,500.00 and Further Resolved, that the Ithaca Town Board hereby authorizes the Town Supervisor to execute an agreement with GHD contingent upon approval by all IAWWTF owners and subject to the approval of the Attorney for the Town. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes—Goodman, DePaolo, Leary, Levine, Engman, Howe and Hunter Agenda Item 9 Consider Bond Resolution Authorizing the Issuance of$1,500,000 Joint Serial Bonds of the Town of Ithaca, the Villages of Cayuga Heights and Lansing, and the Towns of Lansing and Dryden, all in the County of Tompkins,New York, to Pay the Cost of Water System Improvements for the Burdick Hill Road Tank Water Improvement Area Ms. Hunter asked about the projections of the Town's bonding and Mr. Solvig stated that we are in line with our projections and later this year, as part of the budget process and the Capital Improvement Plan, we will be talking about how the calculations work out. TB 4/8/2013 pg 8 TB Resolution No. 2013- 058: BOND RESOLUTION-In the Matter of the Proposed Water System Improvements for the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement Area,in the Town of Ithaca, Tompkins County,New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,New York, held at the Town Hall, in Ithaca,New York, in said Town, on the 8th day of April, 2013, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Herb Engman and upon roll being called, the following were PRESENT: Supervisor Herb Engman Councilperson Bill Goodman Councilperson Rich DePaolo Councilperson Rod Howe Councilperson Tee-Ann Hunter Councilperson Patricia Leary Councilperson Eric Levine ABSENT: None Moved by Rod Howe, seconded by Pat Leary BOND RESOLUTION DATED APRIL 8, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000 JOINT SERIAL BONDS OF THE TOWN OF ITHACA, THE VILLAGES OF CAYUGA HEIGHTS AND LANSING, AND THE TOWNS OF LANSING AND DRYDEN,ALL IN THE COUNTY OF TOMPKINS,NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA BURDICK HILL ROAD REPLACEMENT TANK WATER IMPROVEMENT AREA. WHEREAS, the Town Board of the Town of Ithaca, Tompkins County,New York, in conjunction with the Villages of Cayuga Heights and Lansing, and the Towns of Lansing and Dryden, has determined and agreed to participate in the provision of a joint water project for construction of a new replacement water tank at Burdick Hill Road and to contract joint indebtedness therefor in accordance with Section 15.00 of the Local Finance Law pursuant an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter- Municipal Water Supply and Transmission System(the "Intermunicipal Agreement"); and WHEREAS, the capital project hereinafter described has been determined to be an Type 11 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 will not result in any significant environmental effects; and TB 4/8/2013 pg 9 WHEREAS, all other conditions precedent to the financing of the capital project hereinafter described, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County,New York, if the within resolution in substantially identical form is adopted, approved and made effective by the other participants in the aforedescribed Intermunicipal Agreement as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements within the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement Area consisting of the construction of a new replacement water tank at Burdick Hill Road, there are hereby authorized to be issued$1,500,000 joint serial bonds of the Town of Ithaca, Tompkins County,New York, together with the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, all of the County of Tompkins,New York,pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York as amended and of Title IA of the Local Finance Law. Section 2. The maximum estimated cost of the water system improvements for the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement Area is $1,500,000, which improvements are hereby authorized at said cost, and the plan for the financing thereof is by the issuance of the $1,500,000 joint serial bonds authorized to be issued pursuant to this bond resolution. The total amount of joint indebtedness to be contracted for said improvements is $1,500,000 and the amount initially estimated to be allocated and apportioned to the Town of Ithaca is $792,300. Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Villages, shall be in the same proportion as the consumption of water in each of the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water for the entire joint water distribution facility, which is estimated to be, and for purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascertaining each of the respective municipalities' debt contracting powers, shall be as follows: Dryden $ 57,450 3.83% Ithaca $ 792,300 52.82% Lansing (Town) $ 226,650 15.11% Cayuga Heights $ 133,350 8.89% Lansing (Village) $ 290,250 19.35% Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 5 of this resolution relating to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among said Towns and said Villages, nor TB 4/8/2013 pg 10 the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 5. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accordance with the provisions of this section and to perform all acts and furnish all information required in connection with such application. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. Subject to the provisions of the Local Finance Law and this section,' the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town acting on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as may be prescribed by a bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said Villages and shall be executed in the names of the Town of Dryden, the Town of Ithaca, the Town of Lansing and the Village of Cayuga Heights and the Village of Lansing, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town; shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by the Village Clerk of said Village, and shall be signed by the Treasurer of the Village of Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note with the finance board of each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes authorized by such certificate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County,New York; said Town of Lansing, Tompkins County,New York; said Village of Lansing, Tompkins County,New York, and said Village of Cayuga Heights, Tompkins County,New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement hereinabove referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of TB 4/8/2013 pg 11 said municipalities bears to the full consumption from the entire inter-municipal water distribution facility, such ratio to be annually determined in accordance with the aforesaid Intermunicipal Agreement, the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: a) From the several lots and parcels of land in each of the Water District No. 1, and Snyder Hill, Monkey Run, Hall Road, Turkey Hill and Royal Road Water Districts of the Town of Dryden, in the manner provided by law. b) From the several lots and parcels of land in the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement Area newly created in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. C) From the several lots and parcels of land in the Consolidated Water District (including Consolidated Water District Extensions#1 and#2), in the Town of Lansing at the same time and in the same manner as other Town charges. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly subject to the levy of an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 7. The validity of such joint serial bonds and joint bond anticipation notes may be contested only if- 1) Such joint bonds are authorized for an object or purpose for which said Towns and said Villages are not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Villages, and the publication thereof with the notice provided for herein, the Clerks of each such Town and each such Village shall file with the Clerk of each of the other Towns and of the Villages a certified copy of this resolution and a printer's affidavit or affidavits, as the case may be, of publication thereof with the required notice or notices, as the case may be. Section 9. Pursuant to Section 15.00(m) of the Local Finance Law, the powers and duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, are TB 4/8/2013 pg 12 hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County,New York, who on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the aforesaid Towns and Villages; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of said Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. All other matters except as provided herein relating to the joint serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same shall be determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the Towns of Ithaca, Dryden and Lansing and the Villages of Lansing and Cayuga Heights. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as said Supervisor shall determine consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully registered form and shall be signed in the name of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile of the corporate seal of each Town and Village shall be imprinted thereon and shall be attested by the manual signatures of each respective Town or Village Clerk. It is hereby determined that it is to the financial advantage of each of the Towns and Villages not to impose and collect from registered owners of such joint serial bonds charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Section 10. Any obligation issued under authority of this resolution shall contain on its face a recital in substantially the following form: "This obligation evidences the joint indebtedness of the Town of Ithaca, Tompkins County,New York, the Town of Dryden, Tompkins County,New York, the Town of Lansing, Tompkins County,New York, the Village of Lansing, Tompkins County,New York, and the Village of Cayuga Heights, Tompkins County,New York." Section 11. Upon this resolution taking effect in and with respect to this Town, and the adoption and taking effect of similar resolutions of the respective Town Boards and Village Board of Trustees of the aforesaid Towns and Villages, the same shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Herb Engman Voting Aye Councilperson Bill Goodman Voting Aye TB 4/8/2013 pg 13 Councilperson Rich DePaolo Voting Aye Councilperson Rod Howe Voting Aye Councilperson Tee-Ann Hunter Voting Aye Councilperson Patricia Leary Voting Aye Councilperson Eric Levine Voting Aye The resolution was thereupon declared duly adopted. Agenda Item 10 Consider Acceptance of Grant Award from NYS Dept. of Transportation for the Safe Routes to School Grant for Speed Indicator Signs, PIN 375566 Mr. Weber noted where the indicators would be placed. TB Resolution No. 2013- 059: Consider Acceptance of Grant Award From NYS Department of Transportation for the Safe Routes To School Grant for Speed Indicator Signs, Pin 375566 Whereas, the Town Board on September 10, 2012 authorized(TB Resolution No. 2012-170) applying to New York State for funding through the Safe Routes to School grant program for the purchase and installation of Speed Indicator Signs in the School Zone on Warren Road; and Whereas, the NYS Department of Transportation has awarded the Town of Ithaca $42,000 towards the purchase and installation of Speed indicator signs; and Whereas, the Town of Ithaca's local match in funds would be up to $10,500, and monies have been set aside in the 2013 the Town of Ithaca Budget, Account A 3310.200; and Whereas, this project is a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "installation of traffic control devices on existing streets, roads and highways" and thus approval and implementation of the project are not subject to review under SEQRA; Now therefore be it Resolved, the Town of Ithaca accepts the funding awarded by NYS Department of Transportation, and the Supervisor of the Town of Ithaca, is hereby authorized to enter into and execute a grant agreement with the State that requires the Town to pay the expenses of the project upfront, with the State reimbursing the Town in the amount of$42,000, and with the net Town expenditures not to exceed$10,500. Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: Ayes—Hunter, DePaolo, Engman, Goodman, Howe, Leary and Levine TB 4/8/2013 pg 14 Agenda Item 11 Consider Setting a Public Hearing Regarding the draft Comprehensive Plan dated December 5, 2012 and for accepting public comments on the associated draft Scoping Document dated March 19, 2013 TB Resolution No. 2013-060: Setting a Public Hearing for the Draft Comprehensive Plan, dated December 5, 2012 and for accepting public comments on the associated Draft Scoping Document dated March 19, 2013 Whereas, at a meeting held on January 28, 2013 the Town of Ithaca Comprehensive Plan Committee recommended to the Town Board the Draft Comprehensive Plan, dated December 5, 2012, which would replace the 1993 Comprehensive Plan; and Whereas, the Town Board, at a meeting on February 25, 2013, determined that the adoption of the Town of Ithaca Comprehensive Plan may have a significant impact on the environment, in accordance with the New York State Environmental Quality Review Act, and authorized the preparation of a draft Generic Environmental Impact Statement; and Whereas, at a meeting held on March 11, 2013 the Town Board reviewed a preliminary draft Scoping Document that was prepared by staff and requested that staff make several modifications and revise the preliminary draft for consideration at the March 25, 2013 Town Board meeting; and Whereas, at its meeting on March 25, 2013 the Town Board determined that the Draft Scoping Document for the Town of Ithaca Comprehensive Plan, dated March 19, 2013, was adequate to proceed with the public scoping process; Now therefore be it resolved: That the Town Board will hold a Public Hearing at the Town Hall, 215 N. Tioga Street, Ithaca, NY on April 22, 2013 at 6:30 P.M. for the purpose of hearing public comments on the 12/05/12 draft Comprehensive Plan to assure full opportunity for citizen participation in the preparation of the proposed Plan. The Town Board will also accept public comment on the 3/19/13 Draft Scoping Document at this meeting; and Be it further resolved, that at such time and place all persons interested in the proposed amendments to the Town of Ithaca Comprehensive Plan may be heard concerning the same; and Be it further resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca,New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. Moved: Rich DePaolo Seconded: Rod Howe Vote: Ayes—DePaolo, Howe, Hunter, Levine, Leary, Engman and Goodman TB 4/8/2013 pg 15 Agenda Item 12 Consider Authorization to Award Contract—Town Hall Parking Lot Renovations TB Resolution No. 2013- 061 : Authorization to Award Contract for the Reconstruction of the Town Hall Parking Lot Proiect Whereas: On April 3, 2013, the Town Clerk received sealed bids for the Town of Ithaca Reconstruction of Town Hall Parking Lot Project,which Project consists of the excavation and removal of existing asphalt; placement of new road base and sub base; removal and replacement of 2 drainage structures and stormwater pipe; installing conduit and electrical wire and replacing 3 existing roadway lighting fixtures and repointing of 1300 square feet of brick wall and Whereas: The Director of Public Works has reviewed the bids and qualifications of the bidders and has determined that Nelson& Streeter Construction Co. Inc, 70 Sagetown Road, Pine City, NY 14871, is the lowest responsible bidder with its low bid of$120,101.00 for the total Project, and Whereas: At the October 15, 2012, Town Board meeting, the Town Board adopted a 2013 Ithaca Town Budget which included monies for the construction of improvements to the Town Hall Parking Lot identifying the maximum amount of$250,000.00 to be expended by the Town of Ithaca for this improvement, and Whereas, at its regular meeting on April 8, 2013, the Town Board has determined approval, construction and implementation of the Project are a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Project are not subject to review under SEQRA; Resolved: that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Reconstruction of Town Hall Parking Lot Project to Nelson& Streeter Construction Co. Inc, 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 $15,000.00 without prior authorization of this Board, and provided further that the total Project cost, including the contract, engineering, legal and other expenses, does not exceed the maximum authorized cost of the Project. Moved: Rich DePaolo Seconded: Eric Levine Vote Ayes—DePaolo, Levine, Hunter, Engman, Goodman, Howe and Leary TB 4/8/2013 pg 16 Agenda Item 13 Discuss and Consider Authorization to send a Request for Proposals (RFP) out for an Engineering Study of our Northeast Water System Improvements Mr. Weber explained that he would like to ask for funds to have consultants come to us with ideas on how to provide service in the Northeast because we have known issues with the supply and he would like to get options in an open and transparent way so residents know we have looked at all options and not simply arbitrarily decided on a course of action including appropriate size and elevations to serve our customers. Mr. Engman thought it would be good to have an independent evaluation. His estimate is that we need to raise the elevations 20-30 feet and he this study would validate that conclusion in a transparent process. We have problems with psi in different areas and we are not providing a good level of service. Mr. Weber added that the estimate is $75K but they are hoping it would come in lower than that. Ms. Hunter asked if we could do this work in-house and Mr. Weber responded that we could although it is a manpower issue and there have been concerns in some areas and this process would be transparent so residents knew we were not driving toward one outcome and not considering different scenarios. This would be a request for proposals and would not commit the Board to funding a study if it came in too high. Ms. Hunter asked if given that, there was a reason we had to have the estimated amount in the resolution. Mr. Goodman was concerned that this would set a precedent for other areas to request a study for supply issues in their areas and Mr. Weber felt that it would not because other known areas with issues are going to be much more involved and require infrastructure where this is a replacement of tanks. He also felt there is a lack of work out there and he hopes some companies might do the study to keep their staff busy. Mr. Solvig noted that at this point we just want the Board to understand what we are doing because there is no cost associated with sending out an RFP. Ms. Hunter made a friendly amendment to the resolution taking out the amount simply authorizing the distribution of the RFP. TB Resolution No. 2013 - 062: Authorization to send a Request For Proposals out for an En2ineerint! Study of our Northeast Water System Improvements Whereas the Public Works Committee discussed the need for an engineering study of our Northeast Water System Improvements and recommended referring same to the Town Board at their February 12, 2013 meeting and Whereas the Town Board has discussed and considered the need for said study at its April 8, 2013 meeting Now therefore be it Resolved that the Town Board of the Town of Ithaca hereby authorizes sending out a Request for Proposals for the Engineering Study. TB 4/8/2013 pg 17 Moved: Tee Ann Hunter Seconded: Pat Leary Vote: Ayes—Hunter, Leary, Howe, Levine, DePaolo, Engman, and Goodman Agenda Item 14 Consider Recommendation to the County for Appointment to the Environmental Management Council—Micic TB Resolution No. 2013 - 063: Recommendation to Tompkins County Legislature for Appointment to the Environmental Management Council—Vladimir Micic Be it resolved,that the Town Board of the Town of Ithaca hereby recommends and requests that the Tompkins County Legislature appoint Vladimir Micic for the term January 1, 2013 through December 31, 2014 to serve as a Town of Ithaca Conservation Board Representative on the Tompkins County Environmental Management Council. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes—Goodman, Howe, Engman, Hunter, Leary, Levine, and DePaolo Agenda Item 15 Consider Appointment of Ethics Board Member—Stewart This item was pulled because Ms. Stewart is Chair of the Democratic Committee. Ms. Brock checked the Ethics Law and a member cannot hold the Chair of a political party. Added—Consider Resolution of Support—Fair Housing Month—April 2013 Ms. Hunter made a friendly amendment that the reference to the "Board of Realtors"be removed because we do not know about their support and our support should not be linked with theirs. She added that we have removed the reference in the past. TB Resolution No. 2013 - 064: Support for Fair Housing Month—April Whereas this year marks the 45th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy, together with the New York State Humans Rights Law, of Fair Housing without regard to race, color, creed, sex, disability, familial or marital status, national origin, age, blindness, hearing impairment, sexual orientation, military status, use of a hearing service or guide dog, and handicap, and encourages fair housing opportunities for all citizens; and Whereas the Town of Ithaca is committed to highlighting the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, TB 4/8/2013 pg 18 and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. Now,therefore be it Resolved that the Town of Ithaca does hereby resolve that April 2013, being Fair Housing Month, begins a year-long commemoration of the U.S. Fair Housing Law in the Town of Ithaca and urges all citizens to wholeheartedly recognize this celebration throughout the year. Moved: Rich DePaolo Seconded: Bill Goodman Vote: Ayes—DePaolo, Goodman, Hunter, Levine, Engman, Howe and Leary Agenda Item 16 Continue Review of the draft Comprehensive Plan, Chapter 2 The review began with page 14. —Dan Tasman was present for questions and comments Mr. DePaolo wanted to change some wording to encourage developers to contribute to the connections for multi-modal transportation. He noted that we are always hoping that developers would consider contributing to connections and this would make it clear. Ms. Leary disagreed and felt that the fact that they are building housing is a contribution and Mr. DePaolo wanted it stated that we prefer developers to consider the bigger picture; we can't require it, but this is the time and the vehicle to state it clearly. This segued into a larger discussion on whether these types of changes are word-smithing or a review of the document. Board members who were not on the Comp Plan Comm and are not sure a reference or explanation is somewhere else in the document need to ask if they are and that is not word-smithing. Proposing specific changes would help keep everyone moving along and bring clarity to the concept behind the change. A major discussion for the Housing and Neighborhoods sections revolved around the definition and use of the term"affordable housing" and the need to be clear that the focus is for "affordable" in the sense that it is housing matched to income levels that is affordable to any given income level. Someone earning $l OOK a year finds one price range affordable and someone earning $150K finds another and so on. The largest need not being met is the slightly over median income to moderately over median income. In some sections the word"project" should also be removed because of the connotation that now carries. Ms. Leary was concerned that the lady in the beginning of the meeting did not get that we are also concerned about mixed uses and needs and aging in place which the Comp Plan members thought was clear, then something needs to be added to make that come through. There was a fairly lengthy discussion on wood burning as it relates to air quality and wording was changed to consider all types of wood burning and consider enacting regulations. TB 4/8/2013 pg 19 Discussion on the pest control and invasive species and the clarification that the section referred to town-owned land and NR 6 F was removed regarding extracting water from Cayuga Lake and substitute wording will be discussed at the next meeting. Agenda Item 17 Consent Agenda TB Resolution 2013 - 065: Adopt Consent Agenda BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes of March 25, 2013 b. Town of Ithaca Abstract c. Bolton Point Abstract Moved: Bill Goodman Seconded: Rod Howe Vote: ayes: Goodman, Howe, Levine, Leary, Engman, Hunter and DePaolo TB Resolution 2013—065a: Approval of Minutes of March 25, 2013 WHEREAS,the draft minutes of the March 25, 2013 meeting of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes, with changes, as the final minute of the March 25, 2013 of the Town Board of the Town of Ithaca. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes: Goodman, Howe, Levine, Leary, Engman, Hunter and DePaolo TB Resolution No. 2013 -065b: 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. TB 4/8/2013 pg 20 VOUCHER NOS. 3546 - 3587 General Fund Town wide 22,138.62 General Fund Part Town 8,689.32 Highway Fund Part Town 3,601.34 Water Fund 10,448.66 Sewer Fund 320,940.20 Forest Home Lighting District 159.46 Glenside Lighting District 42.82 Renwick Heights Lighting District 61.18 Eastwood Commons Lighting District 146.10 Clover Lane Lighting District 17.23 Winner's Circle Lighting District 57.41 Burleigh Drive Lighting District 58.41 West Haven Road Lighting District 176.99 Coddington Road Lighting District 105.50 TOTAL 366,643.24 Moved: Bill Goodman Seconded: Rod Howe Vote: ayes: Goodman, Howe, Levine, Leary, Engman, Hunter and DePaolo TB Resolution No. 2013-065c; Bolton Point Abstract -r - ^ ^ WHEREAS, the following numbered vouchers for the Southern Cayuga I^ke \ Intermunicipal Water Commission have been presented to the governing Town Boardibf .. .. 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: Check Numbers: 1613-1662 14492-14541 Burdick Hill Tanks Project N. Trip Rd T-main Project Operating Fund TOTAL Less Prepaid TOTAL Moved: Bill Goodman 23,079.28 0 39.691.12 $ 62,770.40 $ 5,370.37 $ 57,400.03 Seconded: Rod Howe Vote: ayes: Goodman, Howe, Levine, Leary, Engman, Hunter and DePaolo TB 4/8/2013 pg21 Agenda Item 18 Report of Town Officials Conservation Board is holding a public meeting regarding the South West Glen Conservation Area on May at 7pm for public information Social Mixer at Ithaca Beer for Staff and Officials Review of Correspondence Ms. Hunter asked about the IC President's appraisal and Mr. Engman responded that he did attend and it was interesting but confidential but he thought it was overall positive with some suggestions on how they could interface more with the community. Meeting was adjourned upon motion and a second at 8:22 p.m. Respectfully^bmitted by Paulette Terwilliger TB 4/8/2013 pg22 Hello, My name is Tom Hohn. I live on Hayts Road, which happens to be on West Hill, about a half mile from the hospital. Across our street is some of the best farmland in Tompkins County. We have lived on Hayts Road for 4.5 years now, and in that short time have noticed a large increase in traffic. We also petitioned the state to reduce the speed from 55 to 45, but were rejected. There have been several accidents on Hayts Road, including a near miss with my 5 year old daughter because of a blind spot, of which there are several. I sincerely feel that if Hayts Road had been this crowded 5 years ago when we began building, we would not have chosen to build there. From Monday through Friday, I drive my two children to downtown Ithaca to catch the bus to school in the morning. We either drive down Hayts Road or take Bundy Road to catch 96. Most mornings there is a long wait to make that right hand turn onto 96. And there are times when the line of cars looks endless, so I take a chance and cut in quickly, much to the annoyance of the car I cut off. As we proceed down 96, the line of cars from the octopus is almost always backed up to Incodema, a factory about a third of a mile from 13. There are times when the line is backed up to Vinegar Hill Road. Over the years, we have had to become more creative in our route to dovmtown Ithaca. We often take Vinegar Hill Road to 79, then down to 13. We have more and more often taken a right turn out our driveway, gone left on Sheffield Road which takes us all the way to Bostwick Road, then left down the hill, right on 13A, left at 13, then right on Sand Bank Road, follow that a few miles and left on West King Road, then two or three miles to school! This way takes a half hour, but anything to avoid the traffic on 96. The one glaring omission in the Comprehensive Plan is how to address the traffic, which will certainly increase dramatically. Our road will see an even bigger increase, and as there are only two roads (96 and 79) which feed downtown from West Hill, I can understand why the Comprehensive Plan chose not to include a traffic assessment plan; it is next to impossible to adequately provide any other source of access to Ithaca. The suggestions the Town has considered, such as building nodes or noduals in each newly established development where residents can shop, or assuming those in a certain development will not drive to Ithaca, but utilize local services should not be taken seriously as they do not work, which can be seen in countless failed developments around the country. One of the board members actually said that we would get used it. Although we have been living on Hayts Road for almost 5 years now, we still have not "gotten used to it." I know some sort of development is inevitable in West Hill. However, it needs to be done intelligently, sensitively, and responsibly, with a strong commitment to maintain a sense of community. For this reason, I strongly support the Minority Report. If development were to take place according to the Comprehensive Plan, and if we were looking to build or buy a place in West Hill, the traffic would prevent us from doing so. RECEiVED APR OS20i3 TOWN OF ITHACA TOWN CLERK Planning Department Report For Januarv/Februarv/March 2013 Submitted to the Ithaca Town Board for April 8,2013 meeting PLANNING BOARD Town of Ithaca Salt Barn. 106 Seven Mile Drive - received preliminary and final site plan approval for a new salt storage shed at the Town of Ithaca Public Works Facility. The proposal includes demolishing the existing salt storage building {24' high with an 800 ton capacity) and adjacent shed and replacing them in the same location with a new larger salt storage shed (40' high with a 2,000 ton capacity). Hawk's Nest at Sor/nawood Apartment. 123 King Road East (Multiple Residence Zone) - sketch plan proposal for a 3-story, 49 two-bedroom, apartment building to be located on the east side of the existing Springwood Townhomes. The project also proposes to include a three-bedroom maintenance manager apartment, on-site manager/concierge office, library, common living rooms, club space, outdoor recreational community area, walking trails, and 62 new parking spaces. Petrlllose 2-/ot subdivision. 103 Wiedmaier Court (Medium Density Residential Zone) - received preliminary and final subdivision approval to subdivide the existing undeveloped 38,470 -f/- square foot lot into two lots (approx. 23,410 sq. ft. and 15,060 sq. ft.) for construction of two new two-unit residential buildings. Rubin 2-iot subdivision. Troy Road (across from 136 Troy Road) - received preliminary and final subdivision approval to subdivide off a 6 +/- acre parcel from the northern end of the existing 68 +/• acre undeveloped property. Holochuek 2'lot subdivision. Trumansburg Road - received preliminary and final subdivision approval to subdivide off a 0.443 +/- acre parcel from the Holochuek Homes property and consolidate it with the adjacent parcel owned by the Seventh Day Adventists Church (1219 Trumansburg Road). Herttaae Park Townhomes 3-lot subdivision (129 and 135 Kendall Avenue) - received preliminary and final approval to subdivide off a portion of land from the east side of 129 Kendall Avenue and from the west side of 135 Kendall Avenue, which will then be consolidated to create a new 9,356 +/- square foot lot between them. Carroll Subdivision modlfleatlon (651 and 655 Five Mile Drive) - request was adjourned until additional information couid be provided. The request involved moving several lot lines to create a 0.747 +/- acre lot containing the existing house at 655 Five Mile Drive, a 0.689 +/- acre lot containing the existing house at 615 Five Mile Drive, and a 3.824 +/- acre lot containing the existing cell tower. COMPREHENSIVE PLAN UPDATE The Comprehensive Pian Committee concluded their work, foilowing the Committee-sponsored public hearing on the draft Plan on January 28*^ and submitted the draft Comprehensive Plan to the Town Board for consideration. The Board is now reviewing the draft Plan and conducting the necessary steps for the State Environmental Quality Review. At their meeting on February 25^, the Board established itseif as the Lead Agency, discussed and compieted the SEQR Long Environmental Assessment Form, and determined that the adoption of the Comprehensive Plan may have significant impact on the environment and authorized the preparation of a draft Generic Environmental Impact Statement. At their meeting on March 11^ the Town Board reviewed a preliminary draft Scoping Document prepared 1 by staff and requested that staff make a number of modifications. A revised draft was prepared and at the March 25*'^ meeting the Town Board determined that the document was adequate to proceed with the pubiic scoping process. The Board tentatively scheduled a public hearing on the Comprehensive Plan and agreed to include acceptance of public comments on the draft Scoping Document during that hearing. The pubiic hearing was tentatively scheduled for April 22"*^; to be formally scheduled at the Board's April 8^ meeting. PLANNING COMMIHEE The Planning Committee, at its January meeting, reviewed and requested revisions to the draft Scenic Resources Inventory and Analysis report. The revisions included modifications for clarity/accuracy and grammatical corrections, as well as the replacement of several photos to reflect current conditions (i.e. photos of S. Hill with Ithaca College Athletic and Events Center). The Committee recommended that the report be forwarded to the Town Board at their next available meeting, subsequent to staff incorporating the revisions. At the February meeting, the Committee met with representatives involved with the County-sponsored housing proposal for the Biggs property. Representatives attending included P. Christopher Dirr from The NRP Group, John Spence from Better Housing for Tompkins County, and Ed Marx from T. County Planning Department. The representatives provided a presentation describing three alternative development scenarios, each Involved a different number of units with different offerings. Each of the alternatives involved a conversion to home ownership for the rental units, with two of the alternatives being income qualified rentals only (30% AMI to 90% AMI) and the third option offering rentals and some homeownership. The Committee made no recommendation and suggested that the presentation be reported to the Town Board at the next meeting. CODES AND ORDINANCE COMMIHEE The Committee discussed revisions to the Town Code pertaining to Rules and Regulation for Clustered Subdivisions. Planning staff had recommended a number of revisions after identifying several problems with the law, including inconsistencies with the intent of ciustering, discrepancies with other zoning requirements, as well as some outdated aspects. The Committee agreed to work immediately on the simpler changes to the law, but to leave the more complex changes until the Committee has completed revisions to the Sign Law. The agreed upon changes to the duster regulations included eliminating requirements that certain buiiding structures/appendages be detailed on the subdivision piat (i.e. chimneys, iightning rods, radio and television antennas, etc); eliminate restrictions on the occupancy of unrelated persons (refer to zoning regulation restrictions instead); eliminate height requirements (refer to zoning regulations instead); add provisions concerning building placement, spacing, and setbacks (to clarify/differentiate ciustering from the zoning regulations) and additional minor wording changes. The Committee will look at the definition and requirements for open space set-aside and the number of permitted dwelling units at a future time. The Committee continues to make progress on revisions to the Town Sign Law, most recently looking at provisions pertaining to prohibited and exempt signs. CONSERVATION BOARD The Board continues progress on several on-going projects, including: development of a white paper to make the case for the judicious use of herbicides on Town-owned property to control invasive plants; research and discussion on how other water supply entities are addressing water conservation through equitable rate structuring; and public outreach via maintaining and monitoring the Board's Facebook page The Richard B. Fischer Environmental Conservation Award will be given to Cornell University's Natural Areas Program. A tree planting ceremony will be held on Saturday, May 11th starting at 11AM, at a location along the East Ithaca Recreation Way, across from the McDaniels Nut Grove kiosk. The Natural Areas Program is being awarded for their "active and continuing contribution to the improvement of the Town's natural environment; commitment to sustainability, preservation of recreational access to nature, and dedication to teaching citizens about nature stewardship in and around Ithaca". The Scenic Resource Committee completed work on the East Shore Drive Park informational display/sign. The display was delivered and is being stored at the Public Works Department with an expected installations dates sometime in late April or early May. An unveiling ceremony is being organized. The Board is organizing a public information meeting, scheduled for Thursday, May 2"**, for the Southwest Glens and Creeks Conservation Zone proposal. Planning staff will be assisting with the notification of landowners and adjacent neighbors. The purpose of the meeting is to provide an opportunity for residents to learn more about the proposal, ask questions, and. offer initial comments. AGRICULTURAL COMMITTEE At the January meeting the Committee focused on forestry issues, agricultural aspects of the draft Comprehensive Plan, and GPS registration of farmstands and ag tourism locations to promote local agriculture. At the February meeting, the Ag Committee prepared a resolution to the Town Board to communicate their concerns about the draft Comprehensive Plan and specifically the proposal to lower the allowable density for the division of land within the Ag Zone (from acreage divisible by 7 acres to 15 acres). At the March meeting the Committee discussed the upcoming State grant opportunities (for purchase of development rights and forest management plans), health Insurance for farmers, and farmland valuation regarding recent increases in ag land assessments. OTHER DEPARTMENT ACTIVITIES • Gateway Trail - the Gateway Trail Committee selected Fischer Associates (from Rochester) as the consultants to develop the design for the trail. Fisher Associates will be working on the project with the local firm ofTrowbrldge, Wolf, and Michaels Architects, LLP. A contract agreement, that Includes the scope of work and cost estimate. Is still being worked out with the consultant. • Indian Creek Farm aarleultural conservation easement aoolleation - staff continues to work on securing a conservation easement for the Indian Creek farm. This work Is associated with the Town's purchase of development rights (PDR) for this agricultural property (via NYS grant money). • State Route 96B Pedestrian Corridor Study - staff submitted two applications to secure funding for a pedestrian corridor study along State Route 96B; to assess pedestrian needs (sidewalks. crossings, traffic controls) along the stretch of road from the City/Town line to King Road (east/west) and develop a preliminary design and cost figures. One application will compete for State funds amongst other local projects from the ITCTC's allocated Transportation Improvement Plan (TIP) funding. The other application was submitted directly to NYS DOT and will be competing statewide for funding through the Highway Safety Improvement Program. Both applications commit to Initiating the project In the Fall of 2013, with a consultant on-board and public Informational meetings to start In Jan/Feb 2014. • Recent Meetings Attended 25"' Annual Planning Svmooslum - Planning staff attended this one-day conference sponsored by the Onondaga County Planning Federation. The one-day conference Included a range of planning topics including the Economics of Smart Growth, Community Design Tool, Making Land Use Sustainable, and Land Conservation Options. 2013 Tomoklns Countv Agricultural Summit - Planning staff attended this one-day conference that focused on a range of agricultural topics (Estate Planning, Purchase of Development Rights/Conservation Easements, Agricultural District law and Local Laws (How they Relate) and T. County Farmland Valuation Update. • Staff attended weblnars Using Design Guidelines to Control Strlo Development - this weblnar described tools for controlling strip development and to help maintain community character. Case studies of design guidelines being used to control strip development Included KIttery and Scarborough, Maine, Salem, New Hampshire, and Cape Cod In Massachusetts. Submitted by Susan Hitter, Director of Planning TOWN OF ITHACA Public Works Department Months of January/February/March Board Report April 8, 2013 Town Board Meeting Roads: We experienced a more normal winter weather pattern. We responded to approximately 56 snow plowing / salting events. We used up the remaining mixed salt, which was stored at the Town of Newfield's salt barn, and reordered salt for mixing four times. Work was done for our new sign shed in the pole barn and in the old part of the annex where seed, fertilizer, hydro-seeding mulch and other supplies will be stored. Christmas tree collection was completed in January. Stone was stockpiled for 2013 projects. We arranged to demo several different mini-excavators in order to evaluate them before going out to bid. Sign work, cold patching, and shoulder patching were performed in between snow removal events. Brush and limbs were trimmed back throughout the Town. A plugged culvert at the intersection of Drew Road and Woodgate Road was cleaned out and repaired. Catch basins, culverts, and ditches throughout the Town were cleared of leaves and debris to accommodate stormwater and snow melt. Arranged for the City of Ithaca's tree trimming crew to trim Town Hall parking lot trees on Aurora and Buffalo Streets. Our night crew ended their shift for this winter on March 22"''. Our Laborers continued cleaning of the Public Works Facility, twice weekly. Interviews for seasonal Laborers were completed and selections made for the season. The first three start April 8^. ^Training included a Dig Safely New York Seminar, Chainsaw Safety Seminar, and Pavement Maintenance Seminar. Bids for a new tractor/mower, mini-excavator, tractor & trailer, and water equipment van were accepted. Our new leaf vacuum and wood chipper were delivered. Annual hearing tests at the Ithaca College Clinic began. Parks, Trails, and Preserves: • Weekly site inspections were performed. • Work was performed on a drainage ditch along the bikeway between Honness Lane and Mitchell Street to correct a chronic run-off problem. • The old rail fence at Grandview Park was removed and replaced with boulders to control parking. • Hazardous tree removal at various park and trail sites proceeded as weather allowed. • Met with representatives from the Cal Ripken League to discuss some field modifications. • Met with the Conservation Board representatives to finalize details for us to install their first scenic view sign for East Shore Park. • Met with the Forest Home Park Planning Committee several times. Miscellaneous parks and grounds maintenance supplies were stored in the annex. Seeding supplies were palletized and shelved. The compost pile was turned monthly. A plugged culvert on South Hill Trail was cleared with the jet-rod and repaired. Tutelo Park's Valentino Field was over-seeded. Tudor Park's Playground layout and design were completed. Met with State Parks representative to discuss Black Diamond Trail scope to assist with more culvert installations, ditching, and grading work. Met with the Fischer Award winner and Conservation Board representative to finalize the planting site and type of tree. We will be planting three locally-sourced Eastern Redbug trees along the Game Farm section of our East Ithaca Recreation Way adjacent to Cornell's natural area. Water: Water repair parts were moved from various existing areas to the new annex addition. Water main repairs were made at: 426 Winthrop Drive, 118 Rich Road, 611 Winston Court, Lake Street, 108 Sapsucker Woods Road, Across from 136 E. King Road, 173 Snyder Hill Road, Winners Circle, 1060 Danby Road, Stone Quarry Road, Birchwood Drive, Danby Road below South Hill Business Campus. Leaking water valves were repaired at: Route 96B, Penny Lane, Orchard Hill Road, Behind Winston Court Apts., Middle PRY on Stone Quarry Road. Sewer: A total of 122 Dig Safely New York mark-outs were completed. Weekly sewer pump station checks were completed. Sewer main blockages were repaired at: 113 Roat Street and 231 Coy Glen Road. We used or sewer vacuum and camera to investigate the Town Hall parking lot catch basins. Engineering: Inspected 23 simple SWPPPs Current Development Inspections Underway: o Longview Patio Homes - water/sewer, SWPPP o Ecovillage TREE - water, SWPPP o Montesorri School - SWPPP o Belle Sherman Estates - SWPPP o Ithaca Beer - SWPPP o Cayuga Medical Lab Addition - SWPPP o Cornell Softball Field - SWPPP ^ o Holly Creek Townhouses - water, SWPPP o Cleveland Estates - sewer, water, SWPPP o Westview Subdivision - SWPPP o Holochuck Dump Remediation - SWPPP • Maps and Plans Prepared for: o Salt Storage Building o Danby Road Water Main o Town Hall Parking Lot o Whitetail Drive Reconstruction o Coddington Road Water Main Replacement • Development Review: o Petrillose 2-Lot Subdivision o Auble Fill Site • Prepared scope of engineering services for N ortheast Water Study • Attended Stormwater Coalition Meeting • Attended Planning Board meetings • Attended DSNY Seminar April/May Projects: Brush and Leaf pickup is the week of April 15 -19 Three seasonal Laborers start April 8^ Continue cold patching and shoulder patching Continue brush and limb removals Hazardous tree removal at several sites Assist NYS Parks with one crew and equipment for two weeks Valentino Field preparation. Opening day is Monday, April 22"'^. Begin regular gounds maintenance program Spring cleanups and lawn repairs Demolition of old salt barn Install plantings at pole bam addition; Harris B. Dates Drive; Bolton Point's transmission main project (Ciao & YMCA); and Richard Fischer award tree. Topsoil mixing and screening Tub grind brush pile in early May Install scenic view sign at East Shore Park Install access path to new playground at Tutelo Park Annual workplace training program Sign maintenance Weekly site inspections for parks and trails Weekly sewer pump station checks Haul materials for the stock pile Vehicle and equipment maintenance