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HomeMy WebLinkAboutTB Minutes 2014-12-08 Meeting of the Ithaca Town Board Monday, December 8, at 5:30 p.m. Y. P 7i'tx IF 215 North Tioga Street, Ithaca,NY 14850 Agenda 1. Call to Order and Pledge of Allegiance 2. Report of Tompkins County Legislature and Ithaca Common Council 3. Persons to be Heard and Board comments a. Form Based Code Presentation b. Coddington Road Community Center 4. 5:30 p.m. Public Hearing re.: proposed local law to rescind Local Law 13 of 2014 and Reinstate the Tax Levy Limit Established in General Municipal Law 3-c a. Consider adoption 5. 5:30 p.m. Public Hearing re.: proposed extension of the fire contract between the Town of Ithaca and the City of Ithaca a. Consider Approval 6. 5:30p.m. Public Hearing re.: proposed Public Interest Order entitled "Sapsucker Water Tank Water Improvement and establishing the Sapsucker Water Tank Water Improvement Area" subject to Permissive Referendum a. Consider SEQR b. Consider Adoption 7. Discuss and consider resolution declaring Freedom from Domestic Violence as a Human Right 8. Discuss and consider referral of the Maguire Family Dealership project to the Planning Committee and the Economic Development Committee 9. Discuss and consider approval of changes to the fees for applications to the Zoning Board of Appeals 10. Discuss and consider approval for Supervisor to sign the Amended Intermunicipal Water Services Exchange Agreement among the City of Ithaca, Town of Ithaca and SCLIWC (Bolton Point) 11. Discuss and consider establishing interview committees for Planning Board and Zoning Board of appeals vacancies 12. Discuss and consider approval of non-collective bargaining employees' wages and stipend for 2015 13. Discuss and consider approval of health insurance contribution by non-collective bargaining employees for 2015 14. Discuss and consider approval of changes to the Personnel Handbook: a. Revision of Health and Dental Insurance Policy b. Revision of Retiree's Benefit Plan Policy 15. Acknowledge receipt of the independent audit for 2013 16. Discuss and consider refund of water and sewer charges/payments for: a. Sunset Grill b. Lakeview Cemetery 17. Consider Consent Agenda Items a. Approval of Town Board Minutes November 10, 2014 b. Town of Ithaca Abstract c. Bolton Point Abstract 18. Report of Town Officials a. Discuss year end meeting 19. Report of Town Committees and Intermunicipal Organizations 20. Review of Correspondence 21. Consider entering executive session to report on union negotiations, potential acquisition of real property and the employment history of a particular person 22. Consider Adjournment i"') TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O NOTICE OF PUBLIC HEARINGS Extending Fire Contract— IFD Rescinding Tax Cap Override Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street I iownofIdwca Ithaca, NY 14850 PuwkHeainga The Town Baatd -11 hold o public hearings on December Date of Posting: 11/24/2014 9.m-ont heglnm g,t s! I a on the falkrwi , I.Extending the fire contract Date of Publication: 11/24/2014 between the Taws of Ithaca and the Qty of Ithaca 2.A proposed local law to re- aclrld Local Law 13 of 2014 10 Override the Tax Levy Lim- o E5tabI,0*d in General Mu• ndcipaf Law 3•e at such trine all persons'nterasted in the _ lima Can be heard. h1forma- Paule e Terwilliger tom, from f � Town Clerks'office or anta'it me at Town Clerk townc#eerkl@¢rn, ,zilace.nyus . F' ette Terwlliger Town clerk 11/24/2014 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this v1 day of , 2014. X, tary Public Debra Der",uqi tine Notary Pua!ic-Stat-,^of Hew York No.01 DEE 148035 Cuallied in Tompkins County My commission Expires June 19,20 Meeting of the Ithaca Town Board Monday, December 8, 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, Rich DePaolo, and Rod Howe Absent: Eric Levine 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; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to Order and Pledge of Allegiance Meeting was called to order at 5:32p.m. Added 4 items to the agenda. 2. Report of Tompkins County Legislature and Ithaca Common Council—None 3. Persons to be Heard and Board comments a. Form Based Code Presentation (Attachment#1) f Presentation by Rob Stuedeville and David West Mr. Stuedeville presented a slide show on the Better Cities and Towns, part of the Cleaner Greener grant from NYSERDA that the Town is involved with in conjunction with the City of Ithaca along with a matching grant from the Park Foundation. The grant is to explore Form Based Code practices which focus on mixed-use buildings, creating neighborhoods as opposed to single use buildings and protecting open space. b. Coddington Road Community Center- None Persons to be Heard Joanne Joseph, Global Gender Justice Clinic at Cornell Law School Ms. Joseph and friends where here to thank the Board for considering the resolution declaring Freedom from Domestic Violence to be a Human Right. She listed reasons the resolution is important stating that it is a really important symbol for survivors of domestic violence to know that the government as well as the community recognizes that this is not a private issue but a societal problem that requires a societal solution. She added that the County passed a similar resolution and they would love to see a community-wide effort and support for this. Carolyn Matsous, Cornell Law School Ms. Matsous thought that in light of recent events it is important to get the message out. She went on to say that it can happen to anyone regardless of age, ethnicity and gender. She added f that their clinic went out and gathered over 400 signatures on a petition and worked with the Advocacy Center in improving the language and getting the word out. She stated that the group Pg. 1 went to a number of events in October, which is Domestic Violence Awareness Month and thanked the Board for their support. Cathy Hildreth—Grey Haven Ms. Hildreth spoke to the Maguire project stating that she was in favor of the project as an anchor for growth in the Inlet Valley corridor. Her family has owned the motel for over 60 years and business is declining and something has to be done. Her grandparents thought the area would be a growth corridor but it hasn't happened. She thought the dealership would be better than abandoned motels that sit empty and maybe the dealership would encourage more residential growth around it, a small restaurant and possibly the traffic light everyone has wanted. She thought it had a lot of potential with the proposed expansion of the park and trails and she urged the board to be expedient and to not let this drag on. 4. 5:30 p.m. Public Hearing re.: proposed local law to rescind Local Law 13 of 2014 and Reinstate the Tax Levy Limit Established in General Municipal Law 3-c Mr. Engman explained that the original law was passed to allow the town to exceed the tax cap but the budget was adopted below the tax cap and therefore the law needs to be rescinded. Mr. Engman opened the public hearing at 5:58 p.m. There was no one wishing to address the board and the hearing was closed. TB Resolution No.2014- 193: Adopt Local Law No. 17 of 2014 entitled "A Local Law to Rescind Local Law No. 13 of 2014 and Reinstate the Tax Levy Limit Established in General Municipal Law §3-c" WHEREAS, at its meeting on July 14, 2014 the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted Local Law No. 13 of 2014 entitled "A Local Law To Override The Tax Levy Limit Established In General Municipal Law §3-c"; and WHEREAS, the Town Board of the Town of Ithaca has determined that it will not need to override the tax levy limit for its 2015 budget and therefore needs to rescind the local law as directed by the State, 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 rescinding the 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 No. 17 of 2014 entitled"A LOCAL LAW TO RESCIND LOCAL LAW NO. 13 OF 2014 AND REINSTATE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C", and be it further Pg. 2 RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Rod Howe Seconded: Tee Ann Hunter Vote: Ayes—Howe, Hunter, Leary, Engman, DePaolo, and Goodman Absent: Levine 5. 5:30 p.m. Public Hearing re.: proposed extension of the fire contract between the Town of Ithaca and the City of Ithaca Mr. Engman explained that this extends our current contract with the City while negotiations continue. The public hearing was opened at 6:00 p.m., there was no one wishing to address the board and the hearing was closed. TB Resolution No.: 2014- 194 : Approval of a Memorandum of Understanding for the Extension of the Contract for Fire Protection Between the City of Ithaca and the Town of Ithaca Whereas negotiations for a new fire contract with the City of Ithaca are ongoing and the current contract for Fire Protection, effective January 1, 2010, expires December 31, 2014, and Whereas,pursuant to New York Town Law Section 184, the Town Board held a public hearing on the 81h day of December 2014 for the purpose of hearing public comment on the proposed extension of the fire contract between the Town of Ithaca and the City of Ithaca, 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 approval of the fire contract extension is a Type 11 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 approves the Memorandum of Understanding providing for one- year extension of the fire contract with the City of Ithaca until December 31,2015 or when a new contract is established if earlier, and hereby authorizes the Town Board members to execute such Memorandum of Understanding on behalf of the Town of Ithaca Fire Protection District, subject to the approval of the Attorney for the Town. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes—Goodman, DePaolo, Engman, Hunter, Leary and Howe Absent: Levine 6. 5:30p.m. Public Hearing re.: proposed Public Interest Order entitled "Sapsucker Water Tank Water Improvement and establishing the Sapsucker Water Tank Water Improvement Area" subject to Permissive Referendum (Attachment#1-SEQR) Pg. 3 Mr. Engman opened the public hearing at 6:02p.m., there was no one wishing to address the board and the hearing was closed. Mr. Weber noted that minor changes were made to the SEQR form to match the capacity of the tank and the adoption resolution was changed to include the approval of the SEQR and references to the establishment of the water improvement area along with the project and the need for comptroller approval. Mr. DePaolo asked about Part 2 narrative and whether this would increase the possibility for an expansion of the service area and therefore development due to the added amount of water pressure. Mr. Weber responded that it would not; the main reason for the increase in elevation is to increase the pressure in second floor homes in the current service area. The only other areas that could potentially be served with this have already been identified as developable areas within the northeast area. The service area is defined by the town boundary and will not increase due to this project. Mr. Weber noted that the three types of tanks have been compared for 50 year cost of ownership and the Public Works Committee recommends going with the bolted steel tank due to the long- term costs of maintenance and the fact that this one can be kept on-line during maintenance. TB Resolution No.2014— 195 : SEAR Determination—Establishment and Authorization of Town of Ithaca Sapsucker Water Tank Water Improvement and Establishing the Town of Ithaca Sapsucker Water Tank Water Improvement Area Whereas, the Town of Ithaca Town Board has determined that the establishment and authorization of the Sapsucker Water Tank Water Improvement project and establishment of the Sapsucker Water Tank Improvement Area for the Town of Ithaca, as described in the Town Board's Order Setting a Public Hearing dated November10, 2014, is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and the Town of Ithaca Code, Chapter 148— Environmental Quality Review, 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 its regular meeting held on December 8, 2014, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Parts 1, 2 and 3 prepared for this action by the Town Engineer, now, therefore,be it Resolved, that the Town Board does hereby makes a negative determination of environmental significance in accordance with Article 8 of the New York State Environmental Conservation Law, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes—Howe, DePaolo, Hunter, Leary, Goodman and Engman Absent: Levine Pg. 4 TB Resolution No.2014-196 : PUBLIC INTEREST ORDER In the Matter of 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 Sapsucker Water Tank Water Improvement and Establish the Town of Ithaca Sapsucker Woods Tank Improvement Area Present: Rod Howe, Bill Goodman, Herb Engman,Pat Leary,Rich DePaolo and Tee Ann Hunter; Absent: Eric Levine Motion made by Rod Howe,seconded by Bill Goodman 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 Sapsucker Water Tank 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, to serve a benefitted area in said Town to be known as the Town of Ithaca Sapsucker Woods Tank Water Improvement Area, and hereinafter also referred to as the"Water Improvement Are" 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 November 10, 2014, 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 8`h day of December, 2014 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 WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, establishment of the Sapsucker Water Tank Water Improvement and establishment of the Sapsucker Water Tank Water Improvement Area are Unlisted actions for which the Town Board of the Town of Ithaca, Pg. 5 acting as lead agency in an environmental review with respect to said approval, has on December 8, 2014, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3 prepared by the Town's Engineer,now therefore be it WHEREAS,at its regular meeting on December 8,2014, , the Town Board has determined approval, construction and implementation of the Improvement are 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; and 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 Sapsucker Tank Replacement Water Improvement as hereinafter described, and be it further RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Sapsucker Water Tank 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 consist of replacing an existing 500,000 gallon steel water tank with a 390,000 gallon water tank, elevated 26 feet higher than the existing water tank elevation on the same site located on Sapsucker Woods Road, installation of a Pressure Regulating Valve and all other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of$1,600,000, and be it further RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Sapsucker Water Tank Water Improvement Area is in 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 Sapsucker Woods Water Improvement 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 $ 1,600,000,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 Water Improvement Area benefited area which are deemed benefited by said Pg. 6 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 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 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: Herb Engman, aye; Bill Goodman, aye; Rich DePaolo, aye; Tee Ann Hunter, aye, Pat Leary, aye and Rod Howe, aye. The Order was thereupon declared duly adopted. 7. Discuss and consider resolution declaring Freedom from Domestic Violence as a Human Right TB Resolution No.2014 - 197 : Declaring Freedom From Domestic Violence as a Human Right WHEREAS, the Town Board of the Town of Ithaca seeks to enhance the public welfare by declaring that freedom from domestic violence is a fundamental human right; and WHEREAS, domestic violence can take many forms, including physical, sexual,psychological, or economic abuse, intimidation, isolation, and coercive control by intimate partners or family members; and WHEREAS, domestic violence is a human rights concern that affects individuals of every gender, sexual orientation, race, age, nationality, religion, and economic status; and Pg. 7 WHEREAS, survivors of domestic violence must deal with the effects of physical injuries, long- term psychological damage, financial and career instability, and trouble finding safe housing; and WHEREAS, domestic violence has a deeply negative impact on children who are exposed to it; and WHEREAS, in 2013, the Advocacy Center of Tompkins County answered 2,055 calls on its domestic violence and sexual assault hotline and served 212 new adult domestic violence clients, including providing shelter for 37 adults and their 25 children and helping 72 individuals obtain final orders of protection from the courts; and WHEREAS, the Advocacy Center of Tompkins County, with the Cornell Law School Avon Global Center for Women and Justice and the Global Gender Justice Clinic, released a report in October 2014, "Recognizing Freedom from Domestic Violence as a Fundamental Human Right,"which compiled international, national, and local statistics supporting the need for greater government involvement to address domestic violence; and WHERAS, the report cites 2008 United Nations data that the cost of intimate partner violence in the United States exceeds $5.8 billion per year, including medical care services and productivity losses; and WHERAS, according to the report, 87 women and men in New York State died as a result of intimate partner homicide in 2013; and WHEREAS, according to the report, in 2013, law enforcement agencies in New York State outside of New York City responded to 189,152 domestic violence incidents and reported 31,106 assaults committed by intimate partners, 80% of which were committed against women; and WHEREAS, the report notes that New York State courts issued 300,236 orders of protection in 2013, nearly 210,000 of which were required to be recorded in the Unified Court System's Domestic Violence Registry; and WHEREAS, the report further notes that in Tompkins County, law enforcement agencies reported an average of 147 victims of domestic violence offenses per year between 2010 and 2013; and WHEREAS, the United Nations and other international organizations have recognized that freedom from domestic violence is a human right and that governments have a responsibility to prevent and respond to such violence; and WHEREAS, law enforcement, courts, cities,counties, towns,villages, social service agencies, and other local government entities constitute the first line of defense against domestic violence; and 1 Pg. 8 WHEREAS, over the past 25 years,Tompkins County has been a leader in domestic violence response by introducing a number of initiatives, including the establishment of an Integrated Domestic Violence Court; and WHEREAS, by recognizing that freedom from domestic violence is a human right, the Town of Ithaca seeks to raise awareness and enhance domestic violence response and education in communities, the public and private sectors, and within government agencies; NOW THEREFORE, BE IT RESOLVED: 1. That the Town Board of the Town of Ithaca recognizes domestic violence as a human rights concern and declares that freedom from domestic violence is a fundamental human right; 2. That state and local governments should continue to secure this human right on behalf of their citizens; 3. That the Town of Ithaca will ensure that its personnel policies and practices are informed by awareness of domestic violence survivors' needs; 4. That the Town of Ithaca will support the county's and human service agencies' efforts to prevent domestic violence, strengthen the response to domestic violence, and improve the provision of services to survivors; and 5. That a copy of this resolution shall be sent to the City and Village Mayors and Town Supervisors in Tompkins County, the Tompkins County Council of Governments, the Tompkins County Office of Human Rights, the Tompkins County Sheriff, the Police Chiefs for the City of Ithaca and Villages of Cayuga Heights, Dryden, Groton, and Trumansburg, the Cornell University Police Chief, the Ithaca College Public Safety Director, the Tompkins Cortland Community College Campus Safety Director, the New York State Police Troop C Station Commander, the Tompkins County District Attorney, the judges in Tompkins County, Governor Andrew Cuomo,Assembly Speaker Sheldon Silver, Assembly member Barbara Lifton, Senate Majority Coalition Leaders Dean Skelos and Jeff Klein, Senator Thomas O'Mara, and the media. Moved: Pat Leary Seconded: Tee Ann Hunter Vote: Ayes— Leary, Hunter, Engman, Howe,DePaolo and Goodman 8. Discuss and consider referral of the Maguire Family Dealership project to the Planning Committee and the Economic Development Committee Mr. Engman reported that the town has received recent information on this subject; the town had proposed the draft resolution that was distributed last week but the Maguire project developers really strongly prefer the rezoning of the area rather than the development of a Planned Development Zone (PDZ) and in fact we received a letter from their attorney conveying the fact that that is the only thing that would be acceptable to them. Mr. Engman stated that he, Mr. Goodman and Ms. Brock talked about the potential for zoning changes and they are of the Pg. 9 opinion that changing zoning now is not the appropriate thing to do because as we heard earlier, we are working on a very substantial and broad-based change to our zoning and changing it now would not only be very difficult, but we don't have the time to put in all of the new elements we would be interested in seeing in a rezoning. He stated that he believes we are at a standstill because he did not think it was feasible for the town to rezone and the Maguire representatives have said that they will not accept anything but a rezoning. He did not think that the draft resolution had any meaning at this point because it appears the project is not going to go anywhere. He asked the board what they would like to do at this point. Mr. Howe asked what reasons were given for not wanting to go with a PDZ and Mr. Engman responded that he thinks the reason is that they believe that it would be faster and thus there could be commitments made on buying property and doing the planning documents and so forth at an earlier stage than with a PDZ but given our problems with the current zoning, he did not think that was accurate, but that is their perception. The second reason is that once you change your zoning, then you have a lot more freedom to develop the way you want to develop something whereas with a PDZ it is a mutual thing; the two parties get together and agree on what something should look like and how it should function and what will be there and what won't be there and that is the basic difference. There is a perception that a zoning change would be faster and it would be more flexible for the developer. Ms. Brock added that the project developer also said that with a PDZ they would need to prepare site plan and all the associated drawings which would cost a lot of money and that has to be done before the PDZ is approved and they didn't want to spend that much money up front not knowing whether or not they would get the zoning they want. Whereas if you went with a rezoning, they could get that first and then prepare the site plan documents and go through the Planning Board process knowing that there might be changes made there, but they would feel more comfortable spending that kind of money knowing that it already had been rezoned. She thought it was a sequencing issue for them as well; they did not want to spend all that money on the documents they would need to do, up front, without knowing that there is actually going to be an approved PDZ at the end of the process. Mr. Engman noted that the draft resolution basically says that the town board thinks that the project is viable enough to begin the process of referring it to the Planning Committee and the Economic and Development Committee,but it says for the drafting of a PD, so we would have to change that if people want to change that to a rezoning. Ms. Leary asked if the board could refer it to the committees without specifying either and Mr. Engman responded that the developer wants to know if they can go ahead with some confidence and he thought that this was the decision point where we have to give some indication of whether we think this is a viable proposition or not and at least some of us are recommending that it is not viable as a rezoning but could be as a PDZ. That is the question. Ms. Hunter stated that she would not consider a rezoning for this project at this time given the reasons having to do with the Comprehensive Plan and the fact that we are in the middle of codifying that. Pg. 10 Mr. Goodman stated that even if we referred it back to committees without recommendations about whether it would be a PDZ or rezoning, it would still take us quite a long either way so the time constraints they have about purchasing property would not be met by either scenario so it isn't right to string them along and we should let them know now so they can make their own contingency plans. Mr. Engman added that the problem with this is that it is a brand new idea to all of us and it has taken some time for us to begin to get our heads around it and then to have the uncertainty of not knowing, both on the part of the developer and the uncertainty from the town and the future of what that area of the town would look like, there is no right or wrong answer but it is difficult to get a handle on it in the time constraints that we have been given. Mr. Engman restated the question asking if anyone would like to move the resolution. No one did and the topic was closed. 9. Discuss and consider approval of changes to the fees for applications to the Zoning Board of Appeals Mr. DePaolo noted that the resolution states that the increase is to cover the real costs but the memo shows the actual costs are still much higher and he suggested changing the wording to reflect that. The word "partially" was added to convey that this is to attempt to cover more of the expenses associated with appeals. TB Resolution No.2014-198:Amend the Town of Ithaca Fee Schedule—Zoning Board of Appeals Whereas, TB Resolution No. 2009-227 adopted the establishment and setting of fees by town board resolution; and Whereas, the Director of Code Enforcement has reviewed the fees established for the Zoning Board of Appeals variance applications and submitted recommended changes to partially cover the real costs of the application process to the Town. These costs consist of; review by legal counsel and staff, attendance by same at the meetings, publication of notices to the public, board member stipends and administrative support, and Whereas, the Operations and Personnel Committee, at its November 18, 2014 meeting, reviewed and discussed the recommendations; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve setting the application fee for an Area Variance, Sign Variance, Sprinkler Variance and Special Approval at $150 and an application fee of$250 for a Use Variance, and be it further Resolved, that these changes are effective for applications submitted to the Town after r"\ December 8, 2014. Moved: Bill Goodman Seconded: Rich DePaolo Pg. 11 Vote: Ayes—Goodman, DePaolo, Hunter, Howe, Engman and Leary 10.Discuss and consider approval for Supervisor to sign the Amended Intermunicipal Water Services Exchange Agreement among the City of Ithaca, Town of Ithaca and SCLIWC (Bolton Point) Mr. Engman explained that this is an old agreement that needed to be updated. TB Resolution No.2014 -199: Authorization for the Supervisor to sign an Amended SCLIWC—Town of Ithaca—City of Ithaca Water Service Exchange Agreement Whereas, the City and the Town have entered into a binding agreement, dated January 9, 1978 (the "1978 Agreement"), relative to certain interchange of water services, and Whereas,the Town required certain remuneration with regard to the Coddington Road Water District at the time of the 1978 Agreement, and Whereas, SCLIWC is now the producer of water supplied by the Town to the City under the 1978 Agreement, and Whereas, the City and Town wish to update the 1978 Agreement to incorporate SCLIWC as a party thereto (now to be the "Amended Intermunicipal Water Services Exchange Agreement"), 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 approval of the amended Water Service exchange Agreement 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, and Whereas, General Municipal Law Article 5-G, Section 119-o, in addition to any other general or special powers vested in municipal corporations and districts for the performance of their respective functions, powers or duties on an individual, cooperative, joint or contract basis, authorizes municipalities to enter into, amend, cancel and terminate agreements for the performance among themselves of their respective functions, powers and duties on a cooperative or contract basis, or for the provision of a joint service; now therefore be it Resolved, that the Town Board does hereby approve the Amended Water Service Exchange Agreement, subject to the approval by the Attorney for the Town and authorizes the Supervisor to sign the agreement on behalf of the Town. Moved: Tee Ann Hunter Seconded: Rich DePaolo Vote: Ayes—Hunter, DePaolo, Leary, Engman, Goodman and Howe Pg. 12 Added Item Discuss acceptance of payment settlement from the Town of Dryden for past services for Snyder Hill Sewer District and Sapsucker Woods Sewer District and authorize the supervisor to sign new agreements for services for each. Mr. Engman explained that this is something he has been working on for over 2 years and the solution is that the Town of Dryden will pay for past services and then enter into agreements for future services. He thought it was a reasonable settlement and most importantly fixes going forward. TB Resolution No.2014-200: Acceptance of Payment from the Town of Dryden for Past Services for Snyder Hill Sewer District and Authorization for the Supervisor to sign the new Agreement for Services Whereas, in 1996 an agreement was made between the Town of Ithaca and the Town of Dryden on behalf of the Snyder Hill Sewer District(SS6)for transportation of wastewater from SS6 through the Town of Ithaca and for fair compensation by SS6 to Town of Ithaca; and Whereas, no payments were received by the Town of Ithaca on behalf of SS6 since 1996; and Whereas, a new Sewer Service Agreement has been drafted; 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 approval of the agreement regarding the Snyder Hill Sewer District 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 approves acceptance of the payment of$5,815 from the Town of Dryden for transmission of wastewater from January 1, 1997 through June 30, 2014; and further Resolved, that the town board authorizes the Supervisor to sign the Sewer Service Agreement pending attorney review. Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes—Howe, DePaolo, Engman, Goodman, Leary and Hunter TB Resolution No. 2014-201: Acceptance of Payment from the Town of Dryden for Past Services for Sapsucker Woods Sewer District and Authorization for the Supervisor to sign the new Agreement for Services Whereas, in 1978 an agreement was made by resolution between Town of Ithaca and Town of Dryden on behalf of the Sapsucker Woods Sewer District(SS1)for transportation of wastewater 110..` from SS1 through the Town of Ithaca and for fair compensation by SS1 to the Town of Ithaca; and Pg. 13 Whereas, the agreement expired in 1978 and no new agreement was made as required by Section 6 of the agreement; and Whereas, SS1 continued to pay the Town of Ithaca at a rate set by the Town of Ithaca annually through 1996; and Whereas, no payment has been made to Town of Ithaca on behalf of SS1 since 1996; and Whereas, a new Sewer Service Agreement has been drafted; 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 approval of the agreement regarding the Sapsucker Woods Sewer District 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 approves acceptance of the payment of$26,831 from the Town of Dryden for transmission of wastewater from January 1, 1997 through June 30, 2014; and further Resolved, that the town board authorizes the Supervisor to sign the Sewer Service Agreement pending attorney review. Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes—Howe, DePaolo, Engman, Goodman, Leary and Hunter 11.Discuss and consider establishing interview committees for Planning Board and Zoning Board of appeals vacancies TB Resolution No.2014-202: Appointment of Planning Board and Zoning Board Interview Committees. Whereas, vacancies will exists on the Planning Board and Zoning Board of Appeals as of January 1, 2015 and Whereas, the Town Board wishes to appoint Interviewing Committees to conduct interviews and make a recommendation for appointment for the positions; now, therefore, be it Resolved, the Town Board of the Town of Ithaca hereby appoints the following persons to the Planning Board Interviewing Committee: Fred Wilcox, Chairman, Planning Board Susan Ritter, Director of Planning Judith C. Drake, Human Resources Manager Rod Howe,Town Board Member Pg. 14 Rich DePaolo,Town Board Member Moved by Pat Leary, seconded by Tee Ann Hunter Be it further resolved, the Town Board appoints the following persons to the Zoning Board of Appeals Interview Committee: Rob Rosen, Chairman, Zoning Board of Appeals Bruce Bates, Director of Code Enforcement Judith C. Drake, Human Resources Manager Eric Levine,Town Board Member Tee Ann Hunter,Town Board Member Moved by Bill Goodman, seconded by Rich DePaolo Vote: Ayes—Goodman, Engman, Leary,Howe, DePaolo and Hunter 12. Discuss and consider approval of non-collective bargaining employees' wages and stipend for 2015 Mr. Goodman gave an overview from the Personnel & Organization Committee *Recording stopped due to a downloading problem. 13. Discuss and consider approval of health insurance contribution by non-collective bargaining employees for 2015 TB Resolution No.2014-203: Approval of Non-Collective Bargaining Employees' Wages and Stipend for 2015 Whereas, the collective bargaining agreement with the Public Works unit represented by Teamsters Local 317 is in the process of being negotiated; and Whereas, 2015 will be a year where the hourly employees receive 27 paychecks in place of the typical 26 paychecks resulting in hourly employees gross wages being greater than typical years; and Whereas, the Personnel and Organization Committee has reviewed wage comparisons to comparable positions in local municipalities and has determined that the Town's Job Rates are greater than the 75`h percentile market in most cases and therefore recommends that the Wage Scale Job Rates for each classification remain the same for 2015 as they were for 2014; and Whereas, the Personnel and Organization Committee recommends providing, in lieu of a Cost of Living Adjustment to the Wage Scale, a one-time $500 stipend to be paid out to all non- ^ collective bargaining employees in 2015 in two equal installments, one half to be included in pay 3 on January 31, 2015 and one half to be included in pay 16 on July 31,2015; and Pg. 15 Whereas, the Town Board of the Town of Ithaca has reviewed the proposed Job Rate and stipend package and specific amounts per employee for the Town of Ithaca non-collective bargaining - employees for the year 2015; now, therefore, be it Resolved, the governing Town Board of the Town of Ithaca does hereby approve the 2015 Wage Scale with the Job Rates for each classification remaining the same for 2015 as they were for 2014, and be it further Resolved, the Town Board approves providing, in place of a Cost of Living Adjustment to the Wage Scale, a $500 stipend to be paid out to each non-collective bargaining employee in 2015 in two equal installments, one half to be included in pay 3 on January 31, 2015 and one half to be included in pay 16 on July 31, 2015, be it further Resolved, the Town Board of the Town of Ithaca does hereby approve the actual said wages for each of the non-collective bargaining employees for 2015, as filed in the Human Resources Office; and be it further Resolved, the collective bargaining unit employees' wages for 2015 will remain at the 2014 rate until a collective bargaining agreement with Teamsters Local 317 has been ratified by the bargaining unit employees and the Town Board. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes—Goodman, DePaolo, Hunter, Leary, Goodman and Engman 14. Discuss and consider approval of changes to the Personnel Handbook: a. Revision of Health and Dental Insurance Policy TB Resolution No.2014-204: Approval of Health Insurance Contributions by Non- Collective Bargaining Employees for 2015 Whereas, the Town is currently negotiating with Teamster Local 317 for the Public Works unit; and Whereas, the Personnel & Organization Committee has discussed the current status of employee contributions and the intent to convert all staff to a cost share for health insurance premium over a few years; and Whereas, the Personnel & Organization Committee recommends increasing the cost share for health insurance effective 1/1/2015 for all non-collective bargaining employees from 4% to 8% of the monthly premium for either individual or family coverage for either the PPO plan and Platinum Plan; now, therefore,be it Resolved, that the Town Board of the Town of Ithaca does hereby approve increasing the cost share for health insurance effective 1/1/2015 for all non-collective bargaining employees from 4% to 8% of the monthly premium for either individual or family coverage for either the PPO plan and Platinum Plan; and be it further Pg. 16 Resolved, that the payroll deductions of the employees' cost share be the same amount for January through December, starting with pay date January 2,2015. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes: Goodman, Howe, Hunter, DePaolo, Leary and Engman b. Revision of Retiree's Benefit Plan Policy TB Resolution No.2014 -205: Approval of Revision of Health and Dental Insurance Policy Whereas, the Town Board adopted the current Health and Dental Insurance Policy in November 2002 as part of the overall Personnel Manual revision; and Whereas the Greater Tompkins County Municipal Health Insurance Consortium will no longer be prorating monthly premium bills,but will be billing for full months of coverage, the Human Resources Manager recommends a policy change from enrolling new hires on date of hire to enrolling on first day of the month following the date of hire and subsequently not removing employees from insurance until the last day of the month instead of termination date,which will be equivalent to Dental and Life insurance policy procedures; and Whereas, the Town Board approved of adding an additional health insurance plan effective January 1, 2015 and the Health Buy Back policy required clarification as to which plan the 50% of an individual coverage would be applied to; and Whereas, the Personnel & Organization Committee has reviewed and recommends the revised Health and Dental Insurance policy including the Health Insurance Buyback; and Whereas, Personnel and Organization Committee of the Southern Cayuga Lake Intermunicipal Water Commission has reviewed and recommends the revised policy; now, therefore,be it Resolved, the Town Board of the Town of Ithaca hereby approves of the recommended changes to the Health and Dental Insurance Policy including the Health Insurance Buyback policy; and be it Resolved, the Human Resources Manager is directed to update the policy in the Personnel Manual. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes—Goodman, Howe, DePaolo, Hunter, Engman and Leary 15.Acknowledge receipt of the independent audit for 2013 IOMI\ TB Resolution No. 2014 - 207: Acknowledge Receipt of the Independent Financial Statements for the Year Ending 2013 Pg. 17 Whereas Sciarabba Walker& Co., LLP has conducted an audit of the year ending 2013 financial records of the Town and submitted their report of findings, now therefore be it Resolved,that the Town Board hereby acknowledges receipt of the certified Financial Statements from Sciarabba Walker, Co. LLP Moved: Rod Howe Seconded: Tee Ann Hunter Vote: Ayes—Howe, Hunter, Leary, Engman, Goodman and DePoalo Discuss and consider refund of water and sewer charges/payments for Sunset Grill and Lakeview Cemetery TB Resolution No. 2014-208: Refund of Water and Sewer Charges for Matt Torschia, dba Sunset Grill, Utility Billing Account No. A4150. Tax Parcel No.40.4-2. Whereas, as of October 15, 2014 there remained a delinquent balance of $2,312.60 for water charges and penalties and $1,609.61 for sewer charges and penalties, for a total of $3,922.21 for delinquent charges and penalties on utility billing account no. A4150 for customer Matt Torschia, dba Sunset Grill, 823 Danby Road, Ithaca, NY 14850; and Whereas, Town Code Chapters 210 and 261 provides for all delinquent accounts for payment of water and sewer charges to be placed on the ensuing years tax roll as a re-levy; and Whereas, all delinquent water and sewer charges and penalties as of October 15, 2014 in the amount of$3,922.21 were removed from the utility billing account and re-levied by Town Board Resolution No. 2014-183 to the 2015 Town and County Tax Roll on November 10, 2014; and Whereas, subsequent to the delivery of the re-levy resolution to the Tompkins County Assessment Department, the customer made a payment to the Town on November 17, 2014 in the amount of$3,922.21 which was applied to account no. A4150 which, after deducting new 4th Quarter water and sewer charges totaling $798.72, resulted in this account having a credit balance of$3,123.49; and Whereas, Matt Torschia, dba Sunset Grill, has requested a refund of this$3,123.49 credit balance, stating that he will be unable to pay the re-levied 2014 delinquent water and sewer charges without such refund, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby authorizes a refund of $1,845.38 for water charges and $1,278.11 for sewer charges, total of$3,123.49, to be paid to Matt Torschia, dba Sunset Grill, 823 Danby Road, Ithaca, NY 14850. Moved: Rod Howe Seconded: Bill Goodman Vote: Ayes—Howe, Goodman, Engman, Leary, DePaolo and Hunter Pg. 18 TB Resolution No.2014—209: Refund of Water Charges for Lake View Cemetery, Utility Billing Account No.T1235,Tax Parcel No.16.-2-5. Whereas, as of October 15, 2013 there remained a delinquent balance of $620.46 for water charges and penalties on utility billing account no. T1235 for customer Lake View Cemetery, 605 Lake Shore Drive, Ithaca,NY 14850; and Whereas, Town Code Chapters 210 and 261 provides for all delinquent accounts for payment of water and sewer charges to be placed on the ensuing years tax roll as are-levy; and Whereas, all delinquent water charges and penalties as of October 15, 2013 in the amount of $620.46 were removed from the utility billing account and re-levied by Town Board Resolution No. 2013-138 to the 2014 Town and County Tax Roll on November 7,2013; and Whereas, the recent financial difficulties of the Lake View Cemetery have resulted in the Cemetery Board to request financial assistance from the Town, including a refund of the$620.46 amount re-levied to the 2014 Town and County Tax Roll; and Whereas, taxes have been paid in full for the affected Tax Parcel, now,therefore be it Resolved, the Town Board of the Town of Ithaca hereby authorizes a refund of $620.46 for water charges to be paid to Lake View Cemetery, with temporary offices at 215 N.Tioga Street, Ithaca, NY 14850. Moved: Tee Ann Hunter Seconded: Rod Howe Vote: Ayes—Hunter, Howe, Leary, DePaolo, Engman and Goodman 16. Consider Consent Agenda Items TB Resolution 2014-210 : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Meeting Minutes of November 11, 2014—Pulled b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract Moved: Rod Howe Seconded: Bill Goodman Vote: ayes—Goodman, Howe, Leary, Hunter, DePaolo and Engman TB Resolution No. 2014 -210a: 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 Pg. 19 Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 6260 - 6315 General Fund Town wide 73,990.77 General Fund Part Town 470.82 Highway Fund Part Town 17,904.61 Water Fund 13,690.78 Sewer Fund 17,029.39 Whitetail Drive Reconstruction 4,400.00 Christopher Circle Water Tank 43,656.33 Coddin ton Road Water Main Replace 63,325.66 Forest Home Lighting District 169.40 Glenside Lighting District 61.21 Renwick Heights Lighting District 68.95 Eastwood Commons Lighting District 155.09 Clover Lane Lighting District 18.12 Winner's Circle Lighting District 58.82 Burlei h Drive Lighting District 61.68 West Haven Road Lighting District 189.92 Coddin ton Road Lighting District 11306 TOTAL 235,364.61 TB Resolution No.2014—210b: 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: 557-606 Check Numbers: 15621-15670 Burdick Hill Tanks Project $ 402.00 Capital Impr/Repl Project $ 144.00 Operating Fund $ 71,919.76 TOTAL $ 72,465.76 Less Prepaid $ 47,455.98 TOTAL $ 25,009.78 /.,b) Approval of Minutes of November 11,2014—Pulled Pg. 20 TB Resolution 2014 - 211 : Auproval of Minutes of November 11 2014 Whereas, the draft Minutes of the November 11, 2014 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved, that the Town Board hereby approves the submitted minutes, with changes, as the final minutes of the meeting November 11, 2014 of the Town Board of the Town of Ithaca. Moved: Rich DePaolo Seconded: Tee Ann Hunter Vote: Ayes—DePaolo, Hunter, Howe, Leary, Engman and Goodman 17. Report of Town Officials The board discussed the meeting and decided to hold it as scheduled. 18. Report of Town Committees and Intermunicipal Organizations 19. Review of Correspondence Added item—Executive Session Motion made by Ms. Hunter, seconded by Mr. DePaolo to enter into executive session to discuss union negotiations, the potential acquisition of real property where said discussion may affect the cost of the real property and to discuss the employment history of a particular person. 7:30 p.m. Unanimous. Motion made by Ms. Leary, seconded by Mr. DePaolo to reenter open session at 7:55 p.m. Motion to adjourn made by Ms. Leary, seconded by Mr. Howe. Submitted Paulette Terwilliger,Town Clerk Pg. 21 ❑ Form Ithaca FAQ /t1(hat is a form-based code? A form-based code is a land development regulation that fosters predictable built results .yid seeks to create a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. It is an alternative to conventional zoning regulations. Where else have form-based codes been adopted? As of 2013, 279 form-based codes were adopted and working in cities and towns of all sizes across the US and Canada,from Miami, Denver, Cincinnati,and Philadelphia on one end of the spectrum to Addison, Texas, and Bourne, Massachusetts, on the other. More than 200 are in the process of adoption in other municipalities. How did the Form Ithaca Zoning Reform project start? Better Cities & Towns, STREAM Collaborative and Randall + West collaborated with City and Town leadership and won a NYSERDA grant to help implement the municipalities' comprehensive plans. Both municipalities recognize that achieving their collective vision will require updating outdated zoning and leaders have called for"Form Based Codes"to improve and simplify the outdated existing codes. The city's comprehensive plan is not done yet, are we putting the cart before the horse? While the town has completed their comprehensive plan, the city is still working on theirs. Updating the zoning code is how the comprehensive plan is implemented, so it cannot be finalized until the comprehensive plan has been completed. However, the availability of outside funding makes it possible to start the work of zoning reform based on the priorities of the draft comprehensive plan which has been in process for many years and is well on it's way to completion. The city's part of the project will remain flexible for adaptation until the comprehensive plan process is completed. How are the City and Town involved in this process? Who is paying for the consultant work? The City 14�d Town of Ithaca Planning Departments are key players in the zoning reform project.Joint monthly meetings between the lull staff of both departments are building stronger relationships and keeping everyone up to date and involved. Each department has dedicated significant staff time to guiding this project: Assistant Director of Planning Dan Tasman of the Town as well as Sustainability Coordinator Nick Goldsmith and Economic Development Planner Jennifer Kusznir from the City of Ithaca are the primary staff contact people. While the City and Town are guiding the project,the consultant team, lead by Better Cities &Towns,has procured outside funding for their involvement by winning grants from NYSERDA and the Park Foundation. How can zoning reform fit into current and future efforts of the city and town? • Zoning reform is needed to implement the recently adopted comprehensive plan of the town. • Zoning reform will dovetail with the work that has been done so far on the city's comprehensive plan and provide a tool to implement that plan after it is adopted. • Zoning reform will assist the town and city in their efforts to preserve the countryside -- including natural areas and farms. • Zoning reform will expand upon the city's current effort to update its zoning language to make it easier to understand. • Zoning reform will legalize parts of the city that citizens like. • Zoning reform will seek to accommodate growth where it is desired in the city and town and meet market demand for living in Ithaca in a wide range of housing types. • Zoning reform is a tool to steer growth-into centers and corridors that are compact, walkable, connected to transit, and contribute to the economic vitality of the area. • Zoning reform will help to meet environmental goals, such as reducing GHG emissions. • Zoning reform will look at ways to meet the need for affordable housing and reduce household costs,particularly in transportation. • Better zoning will look at ways to meet the need for affordable housing and reduce household costs, particularly in transportation. *era BOG �aF Irk 1'CN �{' FOUNDATION Energy.Innovation.Solutions. w Yo Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part l based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Sapsucker Water Tank Project Location(describe,and attach a location map): Town of Ithaca Tax Parcel#70.-10-2 Brief Description of Proposed Action: Replace Existing 500,000 gallon ground steel tank with new.38G,,4XXiTfevated Tank.Work to be completed on same site.Existing steel tank to be removed after existing tank is placed in service. ?v yO Oeo?A it aus� Name of Applicant or Sponsor: Telephone: 273-1656 Town of Ithaca Public Works;Creig Hebdon PE Town Engineer Agent E-Mail: chebdon @town.ithaca.ny.us Address: 106 seven mile City/PO: State: Zip Code: Ithaca New York 13073 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ F] may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: Tompkins County Health Department;Town of Ithaca Planning Board(Site Plan Review);Town of Ithaca Zoning Board Z (Variances);Town of Ithaca Town Board(Bonding.Budget) 3.a.Total acreage of the site of the proposed action? .97 acres b.Total acreage to be physically disturbed? .18 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .97 acres 4. Check all land uses that occur on,adjoining and near the proposed action. E]Urban F-1 Rural(non-agri culture) ❑Industrial ❑Commercial 0Residential(suburban) mForest OAgriculture [I Aquatic 00ther(specify): Educational �\ ❑Parkland Pagel of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ �\ b.Consistent with the adopted comprehensive plan? ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: I ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ 2 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: F71 F-1 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ No Wastewater will be generated by New Tank 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ ❑ b.Is the proposed action located in an archeological sensitive area? ❑ ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? a ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ ❑ a.Will storm water discharges flow to adjacent properties? m NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: m NO ❑YES Page 2 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: El ❑ 1NatPr Tank 14.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: a ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ► !e-�L J0n Date: Signature: PRINT FORM Page 3 of 3 EAF Mapper Summary Report Monday, November 24, 2014 11:33 AM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental 73.-1-9.873.-1-9.973.-1-9.10 43._1_3 73--1-9.1273.-1-'9.13 assessment form(EAF) Not all questions asked in the EAF are I f answered by the EAF Mapper.Additional information on any EAF 1 73 11 91.1��� question can be obtained by consulting the EAF Workbooks. Although Sanctuary Of the EAF Mapper provides the most up-to-date digital data available to �T� DEC,you may also need to contact local or other data sources in order 73. 1 9.3 43.1-4 to obtain data not provided by the Mapper.Digital data is not a 73.-1-9.573.-1-9.4 713.-1`9.273--1-9.173.-1-7.'! subsiitu teforagencydeterminahons 43. 1 19.1 41-1-5 Montreal L]ttarta Itha W 7010-325 r DEyd7_ Roct(eslrr: '- Aont)-11er A uVJ Ttinto 70-10- IN t;forscord . 3.24 43.-1-19.12 1p Dfk'roit Bufta!© AGkr�n _ �]Boston I 43.-1-7 G' FPrMdence v'FzS3r F{ FE•DeLcrrrte.it�GS, CFevefand Hartford _ Interimap. ina P Cf rp INR&;NJ.Fri PENN �_� apmrr,ny ETv i hina(44brlb�ong) Sri , . -W ill . [Th la d#• rr{T n��Aepmytndia Fd 0)4aPittckrur h �,�pp'5Vh us-S Inter ma +'J'.0..2TP 13 1 9.4 p_ g Harritstrttrp. irr,'e ilox p. OpenStreetLU r tribtat d t e GIS 4 tnbua u+ t f" p.,NRCAN. ' 4"lacfiing�nti ;VNs n.mE n,Esri chirss a p$ Part 1 1 Question 7 [CriflCal Environmental No Area] Part 1 1 Question 12a [National Register of No Historic Places] Part 1 1 Question 12b [Archeological Sites] No Part 1 1 Question 13a [Wetlands or Other Yes - Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 I Question 16 [Threatened or No Endangered Animal] Part 1 1 Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 1 Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report f Agency Use Only IIf applicable] Project: Sapsucker Tank Date: 11-26-14 Short Environmental Assessment Form Part 2- Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑✓ 1:1 regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the Z' El of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or RI E]existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: El ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑✓ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, Z El architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, 21 E] groundwater,air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑✓ ❑ PRINT FORM Pagel of2 Agency Use Only[If applicable] Project: Sapsucker Tank r. Date: 11-26-14 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. The tank will be in the same location as the existing tank, which will be removed after the new tank is built and operational. We will be raising the height of the tank by approximately 26 feet,which will bring all customers in the tank service zone to the minimum standard pressure levels. This will have a positive impact on the public water supply. The top of the new tank will be approximately 96 feet;the top of the existing tank is approximately 70 feet. The additional 26 feet will not create a significant visual impact because of the wooded nature of the sitetrees surround the tank with only the top 5 feet of the new tank visible. No expansion of the service area is anticipated because the tank capacity is decreasing from that of the existing tank. ® Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca November 26 2014 Name of Lead Agency Date Herbert J Engman Supervisor Print or Typ Ni e of Res onsib fficer in Lead Agency Title 7f sp ib c deer gnature of ponsiblc Off' :,Tad Agency 5ignatu of Prcparer(if different from Responsible Officer) PRINT FORM Paget oft TOWN OF ITHACA ,..� Public Works Department Months of October/November Board Report December 8,2014 Town Board Meeting Roads: • The last of our seasonal laborers finished working on November 14th. • Completed culvert installation at 209 Muriel Street. • Cleaned ditch on Pearsall Place. • Snow plow routes were checked over and equipment readied for plowing. • Installed shoulders on Tareyton Drive. • Assisted other municipalities with paving,trucking,jet rodding,milling, equipment transport, and shoulder installations. • Began cutting brush at intersections to improve site distance. • Completed pavement striping and symbols town-wide. • Completed repaving and shoulder installation on Roat Street, Orchard Drive, the south end of Blackstone Drive,Drew Road and Longview Drive. • Hot patch repairs throughout the Town were done. • Annual workplace hazard awareness training was done on October 29th. • Pug milling of new shoulder material was completed. • Town-wide brush pick up was completed during the week of October 20th. • Leaf vacuuming and leaf bag collection continued for the entire month of November until completion. • Various road signs were replaced which had been damaged by motor vehicles. Parks, Trails, and Preserves: • Weekly site inspections were performed at all parks and trails. • Leaf collection and leaf blowing at various parks and trails were accomplished using our smaller leaf vacuum and blower equipment. • Continued clearing brush along trails and parks throughout Town. • Assisted at Lakeview Cemetery with debris removal from drainage under driveway and chipped up brush piles. • Completed seasonal maintenance of the West Hill Community Garden. Water tanks were emptied. Compost,horse manure and mulch stockpiles were replenished. Bolton Point removed their PRV and water meter. • Coordinated Pavilion rentals at Tutelo Park. • Planted remaining trees and shrubs at Forest Home Park purchased with Community Beautification funds. • Paved Sandra Place Walkway, Texas Lane Walkway and Lisa Lane Walkway as part of our trail maintenance program. • Coordination of community service project to do infield maintenance at Valentino Field on October 19th. • Coordinated work by a volunteer master gardener at Town Hall planting beds. r.•� • Annual site inspection of Pine Tree Preserve was completed with Finger Lakes Land Trust. , V Water: • Repaired water main break on Ridgecrest Road and valve repairs on Ridgecrest Road and at corner of Pineview Terrace and Hickory Place. • Completed easement and back lot mowing of water and sewer mains for the year. • Hydrant markers were installed on the new Coddington Road water main hydrants. Sewer: • A total of 280 Dig Safely New York mark-outs were completed. • Inspections of sewer mains with video camera on Slaterville Road. • Addressed sewer backups on Slaterville Road,Danby Road and Taughannock Boulevard, cleaned with sewer jet. • Reconditioned backup pumps at Southwoods sewer pump station. • Weekly sewer pump station checks. Engineering: • Inspected 28 simple SWPPPs • Current Development Inspections Underway: • EcoviRage TREE-SWPPP • Belle Sherman Estates-SWPPP • Holly Creek Townhouses-SWPPP Closed • Westview Subdivision-SWPPP • Maps and Plans Prepared for: • Construction Started • Slaterville Rd Sewer Main- Main finished, services remain • Christopher Tank Construction-Tank is service,waiting for Sprint to move antennas • Coddington Road Water Main Replacement -Main is in service,restoration in spring • Projects Finished: NA • Development Review: o Green Way Project o Ithaca Beer o Cayuga Trails o Troy Road • Attended Bolton Point Engineering and Operation Meetings • Attended Storm Water Coalition Meeting • Attended Planning Board meetings • Attended Municity Meetings • Attended Route 96 Corridor Study �'1 f December/Tanuary Projects: • Weekly park and trail inspections. • Continue water valve repairs and hydrant replacements. • Sign replacements. • Continue hazardous tree removals and brush trimming in road rights-of-way. • Accept delivery of new Ventrac sidewalk maintenance equipment in early January.