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HomeMy WebLinkAboutTB Minutes 2013-09-09 F f 7 Meeting of the Ithaca Town Board Monday, September 9, 2013 at 5:30 p.m. �F� 215 North Tioga Street, Ithaca, NY 14850 Minutes Board Members Present: Bill Goodman, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Rod Howe Absent: Herb Engman, Supervisor Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Judy Drake, Director of Human Resources; Paulette Terwilliger, Town Clerk and Susan Brock, Attorney for the Town Mike Smith, Environmental Planner and Vladimir Micic, Conservation Board Item 1 Call to order and Pledge of Allegiance Meeting was called to order at 5:34 p.m. Item 2 Report of Tompkins County Legislature and Ithaca Common Council Peter Stein — Mr. Stein reported that budget meetings are underway and he is part of a focus group looking into the library and their budget issues. The conclusion of the focus group was that while the library has cut 5-10% of its staff, philanthropy has remained the same as well as contributions from the county and other municipalities. The focus group recommended that the library explore new income streams. The library has been using their reserves to make up shortfalls in their budget. The focus group determined there is a 2 year timeline to solve the issue before the reserves are gone. Living Wage The County has also been active in the living wage debate brought on by employees of a contracted service questioning the County's stated policy of paying a living wage. That policy applies to County employees, not subcontracted employees. The County has a large social services network of subcontractors which do not pay living wages and the County administrator calculated it would be a $1 - $2 million dollar increase in the budget to pay subcontractors a living wage and it is more complicated than that because many contracted services cross county lines and many vendors are social service not-for-profit entities who cannot afford to pay more than what they do and have to deal with their own dwindling budgets. The County decided to draft a resolution stating that they are committed to finding a solution but recognize it will take some time. TCAT Mr. Stein introduced Jennifer Dotson who is on the TCAT Board. They have been thinking a lot about the contribution the Town makes and looking into the details of our MOU and they would like to have a conversation at the next study session where they and the Board could talk back and forth and open a dialogue as well as present and explain the TCAT budget. Ms. Dotson would like to make sure we have a good working relationship with TCAT and have all the information we need and the opportunity to ask questions and raise concerns. She noted that she is also working on getting more municipalities in the loop about how TCAT works. 1 Mr. DePaolo responded that the Town Board has discussed TCAT as a group and agrees that the door has to be open for this type of discussion moving forward. Ms. Hunter asked that information on the budget and ridership percentages with origins be provided prior to the meeting with TCAT. The Board discussed putting the conversation on the September study session. City Council Report Ms. Dotson noted that the new sidewalk law was passed and that there are a number of housing projects at various stages of development. She mentioned the project on Spencer Road and noted the impact on the intersection with Quarry Road is a concern for the Town and cooperation and discussions regarding it will be on the way. She also noted that the City appointed a new Parking Director who has already identified a number of cost saving ideas and the appointment of a new Director of Public Works is close. Item 3 Persons to be Heard and Board Comments Mr. DePaolo reported that the noise emanating from the Athletic and Events Center's Chiller system is higher than what was anticipated and stated in the Environmental Impact Statement submitted by the College. The contractor who did the study of the existing noise level and the anticipated increase has admitted the numbers submitted for the EIS were incorrect due to the locations of the measuring devices during testing. This admission was in response to Mr. DePaolo's assertion the readings were wrong and his assertion has now been corroborated by the consultant's report. The increase is as much as 30% higher than what was anticipated and stated in the EIS. Mr. DePaolo felt this is something we need to work cooperatively with the College to address and also to establish a precedent which allows them to grow and manage their campus but also takes into consideration adjacent neighborhoods. The consultant has suggested an engineering solution rather than a baffling solution and Mr. DePaolo will be composing a response to that. Mr. DePaolo noted that he had been working with Rick Couture on the issue, but Mr. Couture has retired, and he is now working with other representatives. He stated that he will copy the Town Board on his response to the report. Item 4 Public Hearing re.: a proposed Local Law amending Chapter 250 of the Town Code to prohibit parking along Kendall Ave near the intersection of Pennsylvania Ave. Public hearing was opened at 6:03 p.m. Sara Rich Ms. Rich is the homeowner who made the initial complaint about people parking in the area in front of her home. She explained that the retired Town Engineer approached here to ask permission to install traffic calming measures and promised her she could park there but no one else could without her permission and he told her the road would be considered abandoned and she assumed it was hers. She said she is responsible for the upkeep of the area, including snowplowing and the no parking is the best of the worst solutions to this. She explained the reason this came up was that her neighbor rented to 4 college students and the house across the street rents to multiple students and she feels she is being punished for something that is happening illegally in the renting to students. 2 She stated that she was told she could park in front of her house if she shoveled the snow and allowed them to put her mailbox across the street and if she would take care of the median area. She said this is getting difficult as she ages and although all the roads around her get paved and plowed, the little dead-end is not and if it is not hers, she would like snowplowing and maintenance The public hearing was closed at 6:06 p.m. Mr. DePaolo sympathized with the change in the neighborhood and thought the Town was going to have to make a choice about quality of life questions that have not been proactively addressed. The Town needs to discuss how to handle the student population and their housing needs. He asked Ms. Rich if she had a driveway and Ms. Rich responded that she did and she hasn't had any problems yet because she has told the students they are not allowed to park there. Mr. Goodman asked Mr. Weber if this was discussed at the Public Works Committee and Mr. Weber explained it was. The Public Works department had a complaint from her and looked into it and could find no information or documentation that the ROW was abandoned. They did find that the work that was completed in 2006 stemmed from community concerns about the v-shaped intersection and the change in the intersection was the result. There is no documentation about anything else and he has to rely on Ms. Rich's input on that. The no parking law is the recommendation of the Public Works Committee to address the complaint and avoid conflict with the neighbors. Mr. Goodman asked if it was a possibility to abandon the ROW now and if it was discussed and Mr. Weber said there are a number of possibilities and associated legal ramifications. Ms. Hunter asked for clarification on the house and the road. After getting that, Ms. Hunter asked why the Town is requiring the resident to maintain the ROW and median. Mr. Weber responded that he knows the median was constructed and plantings put in to deter people from going straight through and block headlights and many residents maintain ROWS from their homes to the road's edge through the ROW. Mr. Weber stated that we do not plow that area to the end of the dead-end because it is an unused road and not a through road. The drivers do swing in as far as possible but they do not back in and plow out. Mr. DePaolo asked if they plow enough for emergency access and Mr. Weber stated they did to the extent possible without backing in. Ms. Leary felt we should be maintaining the section since we have no documentation and the resident has noted this is becoming difficult and instead of abandoning it, we should maintain it. Mr. Weber reiterated that there are a number of options that could be discussed and recollections from staff indicate the area was left as it was for her convenience and at her request with the understanding she would keep the area up; the spur could have been removed and her driveway extended to the road. Mr. Weber noted that there are easements for utilities in the ROW that would have to be considered in any abandonment and Ms. Brock added that permitting resident only parking is not allowed without NYS legislation and almost certainly could not be for a single resident. Mr. Weber added that there are utility easements in those ROW's and the Public Works Committee discussion 3 was to find the easiest and most inexpensive way to address the resident's complaint and this was it. The Board decided to proceed with the no parking legislation and refer the topic back to the Public Works Committee regarding alternatives such as abandonment of the ROW. TB Resolution No. 2013- 117: Adopt Local Law 7 of 2013 Amending Chapter 250 of the Town of Ithaca Code, Titled "Vehicles And Traffic," to Prohibit Parking Along Kendall Avenue Near the Intersection of Pennsylvania Avenue WHEREAS, at its meeting on July 16, 2013, the Public Works committee had a request to amend the Town's Vehicles and Traffic Chapter to prohibit parking along a portion of Kendall Avenue, and WHEREAS, a resolution setting a public hearing to be held on September 9, 2013 at 5:30 p.m. was duly adopted and published for the purpose of hearing all interested parties on the proposed local law and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts Local Law 7 of 2013 entitled "A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED "VEHICLES AND TRAFFIC," TO PROHIBIT PARKING ALONG KENDALL AVENUE NEAR THE INTERSECTION OF PENNSYLVANIA AVENUE Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter Item 5 Sustainability Update — Nick Goldsmith (Attachment#1) Mr. Goldsmith gave an update on his projects and progress on the Energy Action Plan. The Sustainability Committee feels strongly that it is making progress and needs to continue as a regular committee of the Town and continuing to have a Sustainability Planner position. He stated that he has had really good feedback from both staff, outside committees and staff and the public and people volunteering for different focus groups and committees. 4 Item 6 Discuss and consider approval of changes to the Noise Permit Application and the Park/Trail Permit Noise Permit Application Mr. DePaolo did not understand what the impetus was for removing the requirement from the applicant and he was concerned about the colleges not notifying neighborhood groups if the requirement is not in the law. He felt we have gotten them in the habit of doing so and he wouldn't want them to stop doing that. Mrs. Terwilliger responded that the law as written does not require public events to notify neighbors of events and we really want to make sure notification happens. By putting the requirement on the Town, we make sure the notification happens whether it is a public event or not and when an application is submitted the applicant is told to make notification to any list serves they may have access to. The current application states "list how you intend to notify" but we really have no idea whether or not they did or what they said. She felt this is the one way to really ensure neighbors are notified. Park and Trail Mr. DePaolo asked for the impetus for these changes and Mr. Goodman responded that the committee wanted to keep the larger tents out of the neighborhood type or smaller parks and Ms. Hunter added that the tents that require permits and inspections and, by virtue of their size may be up for a long period of time, take the use of the park away from other residents for a period of time. Mr. DePaolo thought the amount of useable space at Tutelo is smaller than the useable space at Tareyton so unimproved space should be looked at instead of the overall size of the park. Mr. Goodman responded that there have been large events at Tutelo that had additional tents of the size requiring permits so it does happen there. Typographical and grammatical changes were made to both drafts. Other suggestions in the memo about changes to the Parks and Recreation Law will go back to the Organization Committee. TB Resolution No. 2013-118: Approval of revised Noise Permit Application and Park/Trail/Preserve Permit Application Whereas the Organization Committee has reviewed and recommended revisions to the Noise Permit and Park/Trail/Preserve Permit application forms and Whereas the Town Board has reviewed the draft revisions and suggested further modifications Now therefore be it Resolved that the Town Board hereby approves the revised application forms incorporating changes made at the meeting on September 9, 2013. Moved: Tee Ann Hunter Seconded: Pat Leary 5 Vote : Ayes — Hunter, Leary, Levine, DePaolo, Howe and Goodman Item 7 Consider setting a public hearing regarding a Local Law amending Chapter 184 entitled "Noise" to delete Section 184-12 A (9) concerning notification of neighbors Changes to the resolution where made to add a whereas to make it clear to the public what the change is and that the Town will be doing the notifying. The language regarding public comment was incorrect and changed to the standard language. TB Resolution No. 2013 - 119: Setting a Public Hearing Regarding a Local Law Amending Chapter 184 of the Town of Ithaca Code Entitled "Noise" to Delete Section 184-12 A (9) Concerning Notification of Neighbors Whereas notification had been the responsibility of the noise permit applicant and Whereas the Town of Ithaca will be assuming responsibility for notifying neighbors of public hearings to be held regarding events for which noise permits are required, Now therefore be it Resolved that the Ithaca Town Board will hold a public hearing at a meeting to be held at 5:30 p.m. at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7th day of October, 2013 regarding a proposed local law amending the Town of Ithaca Code, Chapter 184, "Noise" to delete Section 184-12 A (9) concerning the notification of neighbors and Be it further resolved that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further 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 and to post a copy of same on the signboard of the Town of Ithaca. Moved: Tee Ann Hunter Seconded: Rod Howe Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter The next two items were moved up due to representatives waiting to speak on the topic. Item 12 Discuss and consider Conservation Board recommendations for Conservation Zone boundary revisions in the Southwest Glen and Creek Area Mr. Smith distributed a revised map of the boundary revisions noting that one landowner would like to extend the parcel near his house being excluded from the Conservation Zone. The Board referred the change to the Conservation Board and Planning Board for further comment and set the public hearing to keep the item moving. 6 Item 13 Consider setting a public hearing regarding a local law amending the Zoning Chapter of the Town of Ithaca Code to downzone sections of the Southwest Glens and Creek Area to Conservation Zone TB Resolution No. 2013 - 120: Setting a Public Hearing Regarding a Local Law Amending the Zoning Chapter of the Town of Ithaca Code to Downzone Areas of the Southwest Glens and Creek to Conservation Zone Be it resolved, that the Ithaca Town Board will hold a meetiw beginning at 5:30 p.m. at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7t day of October, 2013 at which a public hearing will be held regarding a proposed local law amending the Zoning Chapter of the Town of Ithaca Code to downsize certain areas of the Southwest Glens and Creek area from Low Density Residential Zone to Conservation Zone; and it is further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca, and it is further Resolved, that the Town Board hereby refers the proposed rezoning to the Planning Board and Conservation Board for review and comment. Moved: Rich DePaolo Seconded: Rod Howe Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter Item 8 Discuss and consider approval of the revised Adopt-a-Park/Trail/Preserve Agreement Mr. Howe gave the background of the ad hoc committee who revised the current agreement to expand it slightly and include improvements, not just cleaning up the park or trail. Grammatical and typographical errors were changed. Short discussion on departments signing agreements which binds the Town to expenses related to staff time. Ms. Drake noted that she signs contracts and agreements all the time for general commitments such as training, insurance, benefits, etc. which she considers operational in nature and questioned whether the Board wanted to get into signing every single thing. Ms. Brock will review the issue and get back to the Board. Item 9 Discuss and consider setting public hearings regarding: a) 2013 Assessment Rolls for Special Benefit Districts and Special Benefit Areas b) Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing Water Rate Charges Effective January 1, 2014 c) Southern Cayuga Lake Intermunicipal Water Commission 2014 Preliminary Budget 7 d) Proposed Increases to the Town of Ithaca Water Rate and Sewer Rents TB Resolution No. 2013 - 122: Setting a Public Hearing Regarding: 2013 Assessment Rolls for Special Benefit Districts and Special Benefit Areas, Amending the Southern Cayuga Lake Intermunicipal Water Commission, Agreement Increasing Water Rate Charges Effective January 1, 2014 , Southern Cayuga Lake Intermunicipal Water Commission 2014 Preliminary Budget, and Proposed Increases to the Town of Ithaca Water Rate and Sewer Rents BE IT RESOLVED, that the Ithaca Town Board will hold a meeting beginning at 5:30 p.m. at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 7t" day of October, 2013 at which time a public hearing will be held to allow for public comments on the following topics: 1. 2013 Assessment Rolls for Special Benefit Districts and Special Benefit Areas 2. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing Water Rate Charges Effective January 1, 2014 3. Southern Cayuga Lake Intermunicipal Water Commission 2014 Preliminary Budget 4. Proposed Increases to the Town of Ithaca Water Rate and Sewer Rents and it is further RESOLVED, that at such time and place all persons 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: Tee Ann Hunter Seconded: Eric Levine Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter Item 10 Presentation by Superintendent of Highway— Equipment and Machinery Report Item 11 Consider approval and authorization to amend the contract for the Trumansburg Road (S.R. 96) Sanitary Sewer Rehabilitation Project TB Resolution No. 2013- 123: Approval and Authorization to Amend the Contract for the Trumansburg Road (S.R. 96) Sanitary Sewer Rehabilitation Project 8 WHEREAS: At the July 8, 2013 meeting, the Town Board awarded a contract for the Town of Ithaca Trumansburg Road (S.R. 96) Sanitary Sewer Rehabilitation Project to Green Mountain Pipeline Services, Inc. at a maximum authorized cost of $130,790.00, which included a maximum amount of $12,000.00 for change orders without prior authorization of the Town Board; and WHEREAS: During the initial stages of the work, unexpected conditions were encountered in the form of Two (2) Manholes and a section of Ductile Iron Pipe not identified in the project plans and specifications; and WHEREAS: The manholes and the type of pipe were not shown on any existing mapping or records, which will require an increase of the number of manholes rehabilitated, a different pipe cleaning technique, prior to relining and associated ancillary costs, and WHEREAS: The cost associated with the corrective action, consistent with the Contract Specifications and provisions, totals $25,754.00, which exceeds the "Change Order" authorization approved by Town Board by $13,754.00; and WHEREAS: The Manholes and pipe are an integral part of the sanitary sewer system, and WHEREAS: The Highway Superintendent/Director of Public Works requests a Budget Amendment in the amount of $14,000.00 to the 2013 Sewer Fund budget, account G8120.564 (Sewer Lining), to cover the cost of the Change Order; now, therefore, be it RESOLVED: That the Town Board approves an increase to the maximum change order amount, authorized by the Director, to the amount of $26,000.00 for the Contract for the Town of Ithaca Trumansburg Road (S.R. 96) Sanitary Sewer Rehabilitation Project to Green Mountain Pipeline Services, Inc., increasing the maximum authorized cost of the contract to $144,790.00; and be it further RESOLVED: That the Town Board approves a Budget Amendment increasing the 2013 Sewer Fund budget, account G8120.564 (Sewer Lining), by the amount of $14,000, and authorizes and directs the Town Finance Officer to record the appropriate budgetary amendment. Moved: Eric Levine Seconded: Rod Howe Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter Item 14 Consider Consent Agenda Items TB RESOLUTION 2013 - 124 : 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: Approval of Minutes of August 12 and 26, 2013 (Pulled) a. Town of Ithaca Abstract b. Bolton Point Abstract 9 Moved: Rich DePaolo Seconded: Rod Howe Vote: Ayes — DePaolo, Howe, Goodman, Leary, Levine and Hunter TB Resolution No. 2013 - 124a: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 4238 - 4278 General Fund Town wide 114,324.46 General Fund Part Town 8,017.47 Highway Fund Part Town 5,157.45 Water Fund 2,766.00 Sewer Fund 1,134.47 Northview Road Water Tank Replace 1,368.06 Danby Road Water Tank Replace 24,416.48 Harris B. Dates Drive Reconstruct 676.98 Town Hall Parking Lot Improvement 394.90 Salt Storage Building Replacement 2,487.04 Whitetail Drive Reconstruction 3,949.86 Forest Home Reconstruction 705.18 Danby Road Water Main Replace 233,759.53 Risk Retention Fund 378.00 Fire Protection Fund 18.00 TOTAL 399,553.88 TB Resolution No. 2013-124b: Bolton Point Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 1909-1959 10 Check Numbers: 14789-14839 Burdick Hill Tanks Project $ 27,833.98 Capital Impr/RepI Project $ 44,456.79 Operating Fund $ 66.242.70 TOTAL $ 138,533.47 Less Prepaid $ 6,232.75 TOTAL $ 132,300.72 TB Resolution 2013 - 125:Approval of Minutes of August 26.2013 Whereas, the draft minutes of the August 26, 2013meetlng 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 August 26, 2013 of the Town Board of the Town of Ithaca. Moved: Rich DePaolo Seconded: Tee Ann Hunter Vote: Ayes - Hunter, Goodman, DePaolo, Leary, Howe and Levlne Item 15 Continue review of Draft Comprehensive Plan Comments Motion made by Eric Levlne to move Into executive session to receive the advice of counsel at 8:10 p.m., seconded by Rich DePaolo. Motion made by Tee Ann Hunter at 8:24 p.m. to move out of executive session, seconded by Rich DePaolo. Non substantive changes were made to the draft Plan as well as; AG3B The Board discussed deleting the word "hydro-fracking" and Ms. Leary noted for the record that the Board felt It was not necessary to single out "hydro-fracking" since It Is covered under the Town's prohibition on drilling. Economic Development ED2A - New wording from Mr. Howe and Ms. Leary Articulate a socially equitable long-term economic development strategy that builds on local competitive advantages and promotes environmental stewardship and economic justice. ED2J - New wording from Mr. DePaolo Actively pursue Increased financial support from prominent local tax-exempt Institutions to substantially offset existing and future costs of Infrastructure and beneficial services. 11 Item 16- Reports Town Officials Report of Town Committees intermunicipai Organizations Review of Correspondence Consider Adjournment Meeting was adjourned at 8:47p.m. upon motion and a second. Subr PaulOTeTerwilliger Town Clerk 12