HomeMy WebLinkAboutTB Minutes 2015-09-28 Meeting of the Ithaca Town Board
Monday, September 28,2015 at 4:30 p.m.
The second meetings of the month generally focus on committee reports. Due to the Columbus Day Holiday
and the lateness of the regular scheduled meeting on October 19th,the Town Board has decided to use this
meeting as initial Budget Meeting. The meeting will be held in the main Boardroom.
Agenda
1. Call to Order
2. 4:30 p.m. Public Hearings regarding:
a. 2016 Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special
Benefit Areas.
i. Consider Approval
b. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement
Increasing Water Rate Charges Effective January 1,2016
i. Consider approval
c. Southern Cayuga Lake Intermunicipal Water Commission 2016 Preliminary Budget
i. Consider Adoption
d. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1,
2016.
i. Consider Approval
3. Presentation of the 2016 Tentative Budget—Discussion
a. Consider approval of elected officials wages
b. Consider Adoption of Tentative Budget and Set a Public Hearing Regarding the Town of
Ithaca 2016 Preliminary Budget for October 191h
4. Discuss Managed Services contract with Finger Lakes Technology Group
a. Consider approval and authorization for Supervisor to sign
5. Discuss and consider acceptance of sewer improvements associated with the Eco Village
TREE neighborhood development as Town of Ithaca facilities
6. Consider award of contract for Elm St Extension Culvert Rehabilitation project
7. Discussion Items
a. Draft Sign Law
8. Consider Consent Agenda Items
a. Approval of Town Board Minutes of September 14,2015
b. Town of Ithaca Abstract
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 ADVERTISEMENT
OTICE OF PUBLIC HEARINGS sl I., kujUCCWOda -- -
O NOTICE OF ESTOPPEL
O NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER GALS
2016 Assessement Rolls for Special Benefit Districts
Amending SCLIWC Agreement/Increase Charges
Approval of SCLIWC Prelim Budget ---�
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Town of Ithaca
Public Hearing Notice
The Ithaca Town Board will hold a meeting beginning at 4:30 p.m. at the Town Hall, 215 N.
Tioga St. Ithaca, NY on Monday, September 28, 2015 at which time a public hearing will be
held to allow for public comments on the following topics:
1. 2016 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, 2016
3. Southern Cayuga Lake Intermunicipal Water Commission 2016 Preliminary Budget
*The Proposed Increase to the Town of Ithaca Water Rate and Sewer Rents is $2.02 which
means the Minimum Quarterly Bill for Water and Sewer increases from $97.90 in 2015 to
$99.98 in 2016.
Information on these topics is available at www.town.ithaca.ny.us under Agenda Items or by
calling the Town Clerk at 273-1721 ext 2
Paulette Terwilliger
Town Clerk
Meeting of the Ithaca Town Board
Monday, September 28,2015 at 4:30 p.m.
* The second meetings of the month generally focus on committee reports. Due to the
Columbus Day Holiday and the lateness of the regular scheduled meeting on October 19`h,the
Town Board has decided to use this meeting as the initial Budget Meeting.
Minutes
Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor;
Pat Leary,Tee-Ann Hunter, Eric Levine,Rich DePaolo, and Rod Howe
Staff Present: Susan Ritter, Director of Planning, Bruce Bates,Director of Code Enforcement;
Mike Solvig, Director of Finance,Judy Drake, Director of Human Resources; Paulette
Terwilliger,Town Clerk and Jim Weber,Highway Superintendent
1. Call to Order— Meeting was called to order at 4:34p.m. Mr. Engman noted that a group of
students from Cornell were present; they are studying the municipal budget process. Mr.
Engman explained that the first step is taken tonight when he presents his budget, called the
tentative budget, to the full board. This is the first time the full board has seen the budget;
after presenting it to the board it becomes the Town Board's preliminary budget and open to
discussion and changes as voted by the full board.
2. 4:30 p.m. Public Hearings regarding:
Mr. Engman opened the public hearings at 4:35p.m.
a. 2016 Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit
Areas.
TB Resolution 2015 - 102: Adoption of the 2015 Assessment Rolls for Special Benefit
Districts and Special Benefit Areas for Tax Year 2016
Whereas, the Town Board of the Town of Ithaca held a properly advertised public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York, on the 28th day of September 2015, to
consider the 2015 Assessment Rolls for Special Benefit Districts and Special Benefit Areas for
the Town of Ithaca for Tax Year 2016; now, therefore, be it
Resolved, the governing Town Board of the Town of Ithaca hereby approves and adopts the
2015 Assessment Rolls for the Special Benefit Districts and Special Benefit Areas of the Town
of Ithaca for Tax Year 2016 as follows:
Fire Protection District: Assessed Value - $1,044,988,822.
Forest Home Light District: Assessed Value -$36,084,100.
Glenside Light District: Assessed Value -$4,289,000.
Renwick Heights Light District: Assessed Value- $12,882,600.
Eastwood Commons Light District: Assessed Value - $13,900,500.
TB Sept 28, 2015 pg 1
Clover Lane Light District: Assessed Value - $2,306,000.
Winners Circle Light District: Assessed Value - $2,560,000.
Burleigh Drive Light District: Based upon 3,971.1 lineal feet.
Westhaven Road Light District: Based upon Road Frontage of 6,732.0 lineal feet.
Coddington Road Light District: Based upon Road Frontage of 6,900.3 lineal feet.
Water Improvement Benefit Area: Units Available &Connected - 8,200.66.
Ad Valorem Water Improvement Benefit Area: Assessed Value - $421,570,951.
Sewer Improvement Benefit Area: Units Available & Connected -7,853.91.
Ad Valorem Sewer Improvement Benefit Area: Assessed Value -$478,023,227.
Moved: Rod Howe Seconded: Pat Leary
Vote: Ayes—Howe, Leary, Hunter, Levine, Engman, Goodman and DePaolo
b. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement
Increasing Water Rate Charges Effective January 1,2016
Ms. Eleanor May speaking as the Chairperson of the County Office for the Aging Advisory
Board and a resident of the town and health insurance counselor for persons on Medicare. She
stated that in her various roles, she is exposed to many people on fixed incomes that are barely
adequate but is too much to receive any of the usual assistance programs. She asked that the
board reduce the minimum payment so the minimum price doesn't have to go up. She stated that
a small amount of money makes a big difference to people on a fixed income.
Mr. Engman explained that this is about the increases from what is commonly known as Bolton
Point, our water supplier, and they are raising their rates 2.2% and town is then passing that raise
on by raising our fees 2.7%. Mr. Engman added that the Commission which runs Bolton Point is
talking about a new pricing structure, rather than having a minimum for the first 10,000 gallons,
rather have a greatly reduced minimum and charge for every gallon thereafter, that way people
would have a lot more control over how much they pay for water by controlling how much they
use. The proposal hasn't gone through the process yet and he did not think it would go into
effect for 2016.
Mr. Goodman encouraged her to write to the Bolton Point Commission as a whole stating that
both Mr. Engman and he have been strong proponents of decreasing the minimum charge but
there are other municipalities that are on the Commission and they do not think there is an issue
with the current structure because they don't hear from their residents so they do not think it is a
problem.
TB Resolution 2015 - 103: Amend the Southern Cayuga Lake Intermunicipal Water
Commission Agreement Increasing the Water Rate Charges
Whereas, the Town Board of the Town of Ithaca held a properly advertised public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York, on the 28'h day of September 2015, for
the purpose of considering the proposed increase in the Water Rate Charges contained and put
forward in the Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget;
now, therefore,be it
TB Sept 28, 2015 pg 2
Resolved, that the Town Board approves and authorizes the execution of an amendment to the
agreement of intermunicipal cooperation between the Town and several other municipalities
pursuant to which the Southern Cayuga Lake Intermunicipal Water Commission was formed,
which amendment would increase the water rate charged by the Commission from $4.35 per
1,000 gallons to $4.44 per 1,000 gallons,said changes to be effective January 1, 2016.
Moved: Bill Goodman Seconded: Eric Levine
Vote: Ayes—Goodman, Levine, Leary,DePaolo,Hunter, Engman and Howe
c. Southern Cayuga Lake Intermunicipal Water Commission 2016 Preliminary Budget
Ms. Hunter asked for an overview and Mr. Goodman responded that the budget contains a 2.2%
increase which is for an increase in the capital project line to from $800K to $1M targeted for a
new metering system. The new metering will help residents because they would give real-time
feedback to staff on things like water leaks or pipes bursting by seeing a jump in consumption.
This in turn could be conveyed to the homeowner so they can fix something that is costing them
a lot of money that they may not be aware of it and wouldn't be under the current system until
they got a big bill. The new system will also send readings automatically instead of having to
have them read either by staff or residents.
Mr. DePaolo asked if the line is going to revert back to the normal level after this expenditure
and Mr. Engman thought it should since the two tanks have already been replaced, unless a
transmission main has to be replaced.
Mr. Howe asked if this would save a staff position and Ms. Drake responded that it would not,
the job will just be different. A lot of data entry will decrease and the audit that happens so the
operators can do more of the actual operating instead of paperwork.
Mr. Engman added that the Commission also didn't budget for the water they have been
expecting the City of Ithaca to buy when they switch over to their new system. They haven't
done it yet and may not so it hasn't been counted on.
Mr. Engman noted that the State Comptroller's recent audit of the Commission was neutral
which in real terms means it was as good as you can get or excellent. They could find nothing
wrong and really liked that the Commission did not count on money they didn't have.
TB Resolution 2015 - 104: Approval of the 2016 Southern Cayuga Lake Intermunicipal
Water Commission Budget (Bolton Point)
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission's 2016 Budget has been
submitted to the Town Board of the Town of Ithaca and discussed and considered at its
September 28, 2015 meeting; now, therefore,be it
Resolved, that the Town Board of the Town of Ithaca does hereby approve the 2016 Southern
Cayuga Lake Intermunicipal Water Commission's budget.
TB Sept 28, 2015 pg 3
Moved: Rod Howe Seconded: Eric Levine
Vote: Ayes—Goodman, Levine, Leary, DePaolo, Hunter, Engman and Howe
d. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January
192016.
TB Resolution 2015 — 105: Increasing Sewer Rents in the Town of Ithaca Sewer
Improvement Area and Increasing Water Rates Chargeable to Consumers of Water in the
Town of Ithaca
Whereas, the Town Board of the Town of Ithaca wishes to revise the sewer rent and water rate
schedules for the Town of Ithaca Sewer Improvement Area and the Town of Ithaca Water
Improvement Area; and
Whereas, a public hearing, duly advertised and posted as required by law, was held at 215 North
Tioga Street, Ithaca, New York on the 28th day of September 2015, and the public was permitted
an opportunity to be heard on the proposed increases; 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 resolution 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 establishes and imposes the
following:
(1) Effective January 1, 2016 there is hereby imposed a sewer rent payable by all
users connected to the Town-wide sewer system at a rate of $4.31 per 1,000
gallons of water consumed.
(2) In addition, and notwithstanding the foregoing rate structure, there shall be a
minimum base charge for regular quarterly bills sent on or after January 1, 2016
in the amount of $34.48, which minimum charge is based on 8,000 gallons of
usage, regardless of whether that amount is actually used.
(3) Multiple housing and mobile home parks of over two dwelling units, using a
master water meter, will be computed as follows: The quarterly master water
meter reading will be divided by the number of dwelling units and the sewer rent
charge will be figured on this number as if the unit was individually metered. The
sewer rent will then be multiplied by the number of units on the master water
meter and this will be the billing rendered and the amount payable. If the
calculation of the water consumed per dwelling unit is less than the amount that
would be permitted before exceeding the minimum sewer rent set forth above,
TB Sept 28, 2015 pg 4
then the billing will be calculated by multiplying the number of units served by
the master water meter times the minimum sewer rent set forth above.
(4) The charges set forth above shall be effective with respect to bills rendered on or
after the effective dates set forth above, even if the measurement is for
consumption prior to the above effective dates (i.e., any bill rendered on or after
January 1, 2016, shall be calculated at the 2016 rate even if the sewer use
occurred prior to January 1, 2016).
(5) In the event a property is connected to public sewer, but is not connected to a
water meter, the sewer rent shall be based upon estimated water consumption as
reasonably determined by the Director of Public Works based upon recognized
methods of estimating typical consumption for the type of facility involved (e.g.,
gallons per day per bedroom).
Further Resolved, that the Town Board of the Town of Ithaca hereby establishes a water rate of
$6.55 per 1,000 gallons of water consumed with the following water rate schedule:
WATER RATE SCHEDULE
Effective January 1, 2016
The rate charged for water consumption shall be $6.55 per 1,000 gallons of water consumed.
The foregoing rate will be the rate charged for all regular quarterly bills sent on or after January
1, 2016. Actual or base consumption may occur prior to January 1, 2016.
Notwithstanding the foregoing rates, the following minimum base charges shall be applicable to
the meter size indicated below for regular quarterly bills issued on or after January 1, 2016. The
table below also shows the amount of water consumption that is permitted before the minimum
base charge would be exceeded:
METER SIZE BASE MINIMUM
(INCHES) CONSUMPTION CHARGE
(in Gallons)
3/4 109000 $ 65.50
1 30,000 $ 196.50
1-1/2 459000 $ 294.75
2 909000 $ 589.50
3 1401,000 $ 917.00
4 2001,000 $ 1,310.00
6 3501,000 $ 2,292.50
Multiple Housing and mobile home parks of over 2 dwelling units, using a master meter,will be
computed as follows: The quarterly master meter reading will be divided by the number of
dwelling units and the water charge will be figured on this number as if the unit was individually
metered. The water charge will then be multiplied by the number of units on the master meter
TB Sept 28, 2015 pg 5
and this will be the billing rendered. If the calculation of the water consumed per dwelling unit
is less than the allowable consumption for a three-quarter inch meter, then the billing will be
calculated by multiplying the number of units on the master meter times the minimum charge for
a three-quarter inch meter.
The water application fee for each new application for water service shall be the charges for new
water connections charged by the Southern Cayuga Lake Intermunicipal Water Commission
including application fees, meter charges, service tap fees, inspection fees, accessory materials,
installation costs, and any other fee or cost charged by the Southern Cayuga Lake Intermunicipal
Water Commission for connecting new water services.
An annual charge for each fire protection main serving a fire suppression system will be billed
along with the first quarterly water bill of the calendar year. The annual charge for this service
shall be $20.00 per diameter inch of the pipe supplying the fire suppression system or such other
amount as is charged by the Southern Cayuga Lake Intermunicipal Water Commission for such
systems. The pipe supplying the fire suppression system is the pipe needed to supply the fire
suppression system, installed downstream of the system control valve.
In addition to any other charges due to the Southern Cayuga Lake Intermunicipal Water
Commission or the Town, there shall also be due to the Town a charge of$25 for disconnecting
and a charge of $25 for reconnecting water service where water service has been disconnected
pursuant to Town Code § 261-4 for failure to pay water rates or other charges.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Ayes—Goodman, Levine, Leary, DePaolo, Hunter, Engman and Howe
3. Presentation of the 2016 Tentative Budget—Discussion
Mr. Engman presented his budget, the 2016 Tentative Budget. He went on to say that the steps
are approving the elected official's wages and then accept the Tentative Budget as the
Preliminary Budget and set a public hearing for comments on it. He asked Mr. Solvig, Finance
Director, to give an overview.
Mr. Solvig stated that the budget would increase 2% over last year in total with the General Part
Town Fund and the General Townwide Fund decreasing a little bit, the Highway Fund, Water
and Sewer Fund will increase in expenditures. The Water Fund will have a large increase in its
Capital Projects line because the Board decided to step up its water tank replacements from one
to two to take advantage of the low interest rates. The most interesting part of the budget is the
increase to the tax levy next year; proposed $475,000 increase to the levy which is 6.6% and that
increase would go to the Highway Fund. He went on to say that as the Board has discussed over
the last couple of years, the idea is to have enough money every year to pay for road
improvements projects in cash as opposed to bonding to save interest costs. It will take 10-15
years to retire the current bonds, but every year the amount we pay in interest will be a little less
and then we can take the entire$500K and put it toward road improvements instead of interest.
TB Sept 28, 2015 pg 6
Board Questions
Mr. DePaolo stated that he imagined the Board would be going through this in depth at the next
meeting, but as to the budget highlights, he asked about the employee health insurance costs
which represent a 10.9% increase each year, and he asked what the trend line is for that. Mr.
Solvig responded that it is pretty good, with the actual increase only being 3% over last year but
he just got the numbers a couple of days ago and our estimate was 5% and changes haven't been
made. Ms. Hunter asked if we would make that change and Mr. Solvig responded that it would
not change the tax levy and the agreed with Mr. DePaolo that the 10.9% increase is from the
amount budgeted not the amount expended. Mr. Engman added that the Budget Committee
talked about the sales tax slowing and they didn't want to be overly optimistic. We are about 2%
lower than what we budgeted for. Ms. Drake went back to the health insurance line and added
that there are two retirements, and then two new employees so the town essentially is paying
both; one in sick time and one in current benefits so the budget takes a big hit for those.
Mr. Engman added that the shared services plan submitted by the County is probably going to be
rejected. He stated that we are in the unfortunate position of having made dramatic
improvements over decades with substantial savings and the cutoff date is 2012 so because we
have done it before they thought of it, we can't take credit for it and get the benefit. For
example, the City of Cortland can claim the Health Consortium as a credit because they just
joined it, but we can't take credit for our own program. It makes no sense. The Budget
Committee discussed increasing a little each year to get money for our highway paving or we can
do one fell swoop and have it every year and this is the year to do it because then maybe we can
stay under the tax cap next year.
Mr. Engman noted that he has been a proponent of cutting contributions to other programs and
last year the contribution to the city parks were cut to $83,620 and he had proposed to cut it to
zero this year, but the county has proposed putting$30K into their budget to help those programs
and that it is a step in the right direction and if we continue to engage the County and keep them
moving in the right direction he left the contribution at the same level as last year in the hope that
we can continue to get the county contributing for all the municipalities in the county. Mr.
DePaolo asked if the county came up with that figure through usage and Mr. Engman responded
that he did not know,but assumed it was a figure they thought they could afford, adding that they
are increasing their contribution to the library by $150K and he is recommending that we cut our
contribution to zero because it is not our responsibility and the county is stepping up there.
Mr. Engman noted that there is one anomaly in that the Coddington Road Summer Camp
program decrease recommend by the Joint Youth Commission was not intended to be permanent
but rather just last year, so rather than the $9K he budgeted, they are requesting $12K which is
the previous level. Mr. DePaolo, as representative to the JYC, added that the county
representative has submitted their over target request and there is a $6K gap in the youth
employment line and there was an insurrection at Cornell Cooperative Extension regarding
program directors' salaries and he doesn't know the particulars, but salary increases above the
COLA has eaten into the number of youth positions so the JYC has proposed to restore that
money to youth employment as targeted funds. Mr. DePaolo said they will be sending a formal
written request.
TB Sept 28, 2015 pg 7
Mr. Howe asked when we will hear from the state about the shared services credit being denied
and Mr. Engman responded that Mr. Mareane is pretty sure we are not going to get it, he thinks it
is highly unlikely.
Mr. Goodman noted that the $30K offered by the county to the parks is about what we cut last
year and it is not a sure thing; it is being submitted as an"over target"request.
Mr. DePaolo noted that he looks at the amount spent YTD and then extrapolate that out and look
at what has been requested for the budget, mostly in the contractual lines; Highway and Town
Parks in particular. For example, if we spent$90K for the past 2 years and now asking for$112,
he would like some details on that. He stated that he is trying to figure out how much is froth
and how much is legitimate needs based on history. He also would like to know what the
aggregate legal expense is since it is spread throughout a number of accounts. Mr. Solvig
responded that the budgeted amount is $145K for all legal services and Mr. Engman added that
the Sustainability Grant paid for some legal work by Ms. Brock this year so the amount may look
higher,but was paid from the grant.
Ms. Hunter asked for an overall explanation for the increase in the Highway Fund as to the
anticipated annual expense as we go into the future. She thought she understood that the
increase this year is not a one-time increase in income for the line but every year and she wants
to understand the history of expenditures and why the increase is needed every year. Mr. Weber
responded that generally, the expectations of the community are huge, the conditions of the roads
in the winter being the biggest and most obvious and the price of salt continues to rise and gas
prices fluctuate greatly. Last year salt alone rose 15% and fuel was $4 a gallon at one point. He
tries to maintain the roads in the condition they are now and to the community's expectations and
he budgets accordingly. Mr. Solvig added that the budget isn't proposing that we increase the
amount we are spending, generally $800K a year, what we are asking to change is how we fund
those costs. Right now we are bonding for those expenses and we want to have the revenue or
cash to pay for that instead of bonding. Ms. Hunter asked how much we were spending in past
years and how much of that were we borrowing? Is this increase because we have raised the bar
on our standard of maintenance or are we catching up on projects that we neglected to do in the
past? It is our intention to project that amount needed for each year moving forward? Mr.
Solvig responded that it was and Mr. Engman added that for example, this year, there were two
unanticipated road repair projects due to winter conditions that weren't even on the horizon and
things like that seem to happen. Ms. Hunter asked if the plan is to set up a reserve fund and Mr.
Solvig responded that it is not, the plan is to pay-as-you-go and to spend what is raised on roads
and maintenance. Mr. Weber added that many projects are going back in where contractors did
not build to acceptable standards in the past because there was no oversight. He added that we
generally only get$90K from the state with about$17K last year for the extreme weather effects.
Ms. Hunter looked at page A17 and stated that she was under the impression that the whole
reason for the renovation of the front of town hall was replacing the carpet but here the carpet is
moved to 2016? Mr. Solvig responded that that figure is for the replacement of the boardroom
carpet and has nothing to do with the renovation.
TB Sept 28, 2015 pg 8
a. Consider approval of elected officials wages
TB Resolution 2016- 106 : Approval of Proposed Elected Officials Salaries
Resolved, that the governing Town Board of the Town of Ithaca does hereby approve the
proposed salaries for elected officials for the year 2016;
SUPERVISOR $ 53,807.00 (Paid Biweekly)
(includes Supervisor's Administrative Function pay)
DEPUTY TOWN SUPERVISOR $0.00 (Paid Biweekly)
TOWN BOARD MEMBERS (6) $ 13,805.00 Each (Paid Biweekly)
TOWN JUSTICES'(2) $ 22,922.00 Each (Paid Biweekly)
; And,be it further
Resolved, that the Town Clerk is hereby authorized and directed to publish the said proposed
salaries as required by Section 108 of the Town Law.
Moved: Pat Leary Seconded: Eric Levine
Vote: Ayes—Goodman, Levine, Leary, DePaolo, Hunter, Engman and Howe
b. Consider Adoption of Tentative Budget and Set a Public Hearing Regarding the Town
of Ithaca 2016 Preliminary Budget for October 19th
TB Resolution No.2015 - 107: Setting a Public Hearing Regarding the Town of Ithaca
2016 Preliminary Budget
Whereas the Town Supervisor filed his 2016 Tentative Budget to the Town Clerk on September
211 2015 and the Town Clerk presented it to the Town Board at its September 28,2015 meeting,
and
Whereas the Town Board discussed and considered the 2016 Tentative Budget, now, therefore,
be it
Resolved that the Town Board accepts the 2016 Tentative Budget as the Preliminary Budget for
2016 for the Town of Ithaca; and be it further
Resolved, that the Town Board hold a public hearing at 215 North Tioga Street, Ithaca,on the
191h day of October 2015 at 5:30 pm,for the purpose of hearing public comments on the Town of
Ithaca 2016 Preliminary Budget.
TB Sept 28, 2015 pg 9
Moved: Rod Howe Seconded: Rich DePaolo
Vote: Ayes— Howe, DePaolo, Hunter, Leary, Levine, Engman and Goodman
Added Item
TB Resolution No. 2015-108: Recognition of Raymond Manning's Dedicated Years of
Service to the Community
Whereas, Raymond Manning, Heavy Equipment Operator, started his career as a temporary
highway laborer on July 7, 1986; and
Whereas, Raymond was appointed as a permanent full-time highway employee effective January
1, 1987, and has served continuously since that date; and
Whereas, effective September 30, 2015, Ray has chosen to retire from his employment with the
Town's Public Works Department, after twenty-nine (29) years of dedicated service; and
Whereas, Ray was a responsible and highly dedicated snow plow driver, often working many
hours of overtime needed to provide safe roadways, especially during some of the large snow
events that impacted the community; and
Whereas, the Town of Ithaca has greatly benefited from Ray's devotion, expertise, and his desire
to serve our community in order to make it a better place to live; now, therefore,be it;
Resolved, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens,
expresses its sincere appreciation, admiration, and gratitude to Raymond Manning for his
distinguished and dedicated service to our community.
Moved: Tee Ann Hunter Seconded: Eric Levine
Vote: Ayes—Hunter, Levine, Leary, Engman, Goodman, Howe and DePaolo
4. Discuss Managed Services contract with Finger Lakes Technology Group
This is a service contract with improved services for a lower cost and allow for connecting the
fiber optics with the County.
a. Consider approval and authorization for Supervisor to sign
TB Resolution 2015 - 109: Approval and Authorization for the Supervisor to sign a
Managed Service contract with Finger Lakes Technology Group (FLTG) ,
Whereas the Personnel and Operations Committee has recommended entering into a Managed
Service contract with Finger Lakes Technology Group with an annual savings of approximately
$2,360 for more services than currently provided through another entity, now therefore be it
TB Sept 28, 2015 pg 10
Resolved, that the Town Supervisor is hereby authorized to sign the contract, on the Board's
behalf,subject to approval by the Attorney for the Town.
Moved: Tee Ann Hunter Seconded: Eric Levine
Vote: Aye—Hunter, Levine, Leary, DePaolo, Howe,Goodman and Engman
5. Discuss and consider acceptance of sewer improvements associated with the Eco
Village TREE neighborhood development as Town of Ithaca facilities
Mr. Goodman recused himself from the discussion and the vote as attorney for TREE.
Ms. Ritter noted that the revised resolution handed out tonight is that standard conditions were
added.
TB Resolution 2015 - 111: Authorization to Award Contract for the Town of Ithaca Elm
Street Extension Culvert Rehabilitation Project
Whereas: At the November 10, 2014 Town Board meeting, the Town Board adopted a 2014
Ithaca Town Budget which included monies for the Elm Street Extension Culvert Improvements
for rehabilitation of a stormwater culvert and identified the maximum amount of$150,000.00 to
be expended by the Town of Ithaca for this improvement, and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board
that approval, construction and implementation of the Elm Street Extension Culvert
Rehabilitation Project (the "Improvement" or "project")are a Type II Action because the Action
constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the
same site," and thus approval, construction and implementation of the Improvement are not
subject to review under SEQRA, and
Whereas: On September 23, 2015 the Director of Public Works/Highway Superintendent
received bids for the Town of Ithaca Elm Street Extension Culvert Rehabilitation Project,
relining the existing length and diameter of the pipe, and other related ancillary facilities,and
Whereas: The Director of Public Works has reviewed the bids and qualifications of the bidders
and has determined that the lowest responsive bid of$ 137,190.00 for the project made by CLH
& Sons Inc., 2841 Turner Road, Auburn, ME 04210,was made by the lowest responsible bidder;
now, therefore,be it
Resolved: that the Town Board of the Town of Ithaca authorizes the award of the contract for the
Town of Ithaca Elm Street Extension Culvert Rehabilitation Project to CLH & Sons Inc., subject
to final approval of the contract documents by the Town Engineer and Attorney for the Town,
and be it further
TB Sept 28, 2015 pg 11
Resolved: that the Town Supervisor is authorized to execute such contract upon such approval;
and be it further
Resolved: that the Director of Public Works is authorized to approve change orders to such
contract upon receipt of appropriate justification provided that the maximum amount of such
change orders shall not in the aggregate exceed $12,800.00 without prior authorization of this
Board, and provided further that the total project cost does not exceed the maximum authorized
cost of the project of$149,990.00.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Ayes—DePaolo, Levine, Hunter, Engman, Howe, Goodman and Leary
6. Consider award of contract for Elm St Extension Culvert Rehabilitation project
TB Resolution 2015 - 111: Authorization to Award Contract for the Town of Ithaca Elm
Street Extension Culvert Rehabilitation Project
Whereas: At the November 10, 2014 Town Board meeting, the Town Board adopted a 2014
Ithaca Town Budget which included monies for the Elm Street Extension Culvert Improvements
for rehabilitation of a stormwater culvert and identified the maximum amount of$150,000.00 to
be expended by the Town of Ithaca for this improvement, and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board
that approval, construction and implementation of the Elm Street Extension Culvert
Rehabilitation Project (the "Improvement" or"project")are a Type II Action because the Action
constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the
same site," and thus approval, construction and implementation of the Improvement are not
subject to review under SEQRA, and
Whereas: On September 23, 2015 the Director of Public Works/Highway Superintendent
received bids for the Town of Ithaca Elm Street Extension Culvert Rehabilitation Project,
relining the existing length and diameter of the pipe, and other related ancillary facilities, and
Whereas: The Director of Public Works has reviewed the bids and qualifications of the bidders
and has determined that the lowest responsive bid of$ 137,190.00 for the project made by CLH
& Sons Inc., 2841 Turner Road,Auburn,ME 04210, was made by the lowest responsible bidder;
now, therefore, be it
Resolved: that the Town Board of the Town of Ithaca authorizes the award of the contract for the
Town of Ithaca Elm Street Extension Culvert Rehabilitation Project to CLH & Sons Inc., subject
to final approval of the contract documents by the Town Engineer and Attorney for the Town,
and be it further
Resolved: that the Town Supervisor is authorized to execute such contract upon such approval;
and be it further
TB Sept-28, 2015 pg 12
Resolved: that the Director of Public Works is authorized to approve change orders to such
contract upon receipt of appropriate justification provided that the maximum amount of such
change orders shall not in the aggregate exceed $12,800.00 without prior authorization of this
Board, and provided further that the total project cost does not exceed the maximum authorized
cost of the project of$149,990.00.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Ayes—DePaolo, Levine, Hunter, Engman, Howe, Goodman and Leary
7. Discussion Item—Draft Sign Law
Mr. Goodman acknowledged the work of the committee and noted that in dealing with this law,
we had to be very careful about the First Amendment, so unlike other town laws we have to be
very aware of state and federal law and a lot of the discussions were around the fact that we have
to be content neutral, we cannot regulate content of a sign under free speech decisions and law.
What can be regulate is time, place and manner and that is important to keep in mind while you
review the draft. Trying to figure out if each aspect was content neutral took a very long time
and the committee was also waiting on a ruling from the Supreme Court regarding neutral
content and that ruling finally came through and the committee feels the draft is neutral.
The other big part was aesthetics because everyone has their own idea of aesthetics and
preferences and definition of appealing. There were times when a consensus could not be
reached and a vote was taken and the majority opinion was used.
Another big question was the requests by farmers to have off-premises signs and the committee
spent hours and hours trying to figure out a way to allow agricultural signs but not billboards and
it all came back to content and that cannot be regulated so if a farmer is allowed to advertise
corn, McDonalds is allowed to advertise Big Macs. There is no way around this and the Ag
Committee will be upset but there are billboard companies that scrutinize sign laws looking for
loopholes to allow them so we have a very strong prohibition against off-premises signs.
There is a cover memo pointing out the major changes and a big one is requiring fewer sign
permits; in the past, if a sign was over a certain small size you needed to get a permit and the
new approach is to allow an aggregate amount of signage on their parcel with no permit as long
as the restrictions on placement, size and lighting/materials are met. This was one of the tensions
on the committee; more libertarian versus a lot of control.
Board Questions
Ms. Hunter asked about how the oversight would happen if the permitting system was essentially
going away and what considerations were given to aesthetics. Mr. Goodman responded that
there are general conditions and prohibited signs which restrict animated signs, ribbons,
fluorescent material and that type of thing, which was done mostly for safety reasons but go
toward aesthetics. There are also some provisions for aesthetics under Sign Review which
TB Sept 28, 2015 pg 13
happens at the Zoning Board or Planning Board level and has design review criteria for them to
use.
Mr. Engman asked about items such as the book sale signs for non-profits and off- premises
signs and Mr. Goodman responded that is exactly the type of thing we had to deal with because
that is content based and those signs are dealt with in the aggregate allowed on any particular
property. We are not regulating the content,just the size,which is allowed under law.
Ms. Hunter asked if it was a higher level of law that prohibits agricultural signs off site and Mr.
Goodman responded that he signage for an event is not subject to the off-premises laws, but it is
our choice to say that we do not allow off-premise signs for a business and that is because there
is a fear of billboards and there are different views on the committee about that; he was more
willing to consider a way to allow signs even though whatever we allow for farmers has to be
allowed for other businesses too. The Committee looked at the agricultural zone and the
situations of some of the farmers still wouldn't be helped because the off-premise sight for a sign
would be in the residential zone not the agricultural zone. The Board can look at that question
and decide on their comfort level in dealing with that fear.
Mr. DePaolo asked how the town can control truly distasteful content and Mr. Goodman
responded that, after legal advice, that gets into control of content and Ms. Leary quite often
brought up hate speech and that cannot be control via the sign law and would have to rely on
criminal law but there are limitations there also. The Supreme Court has allowed some
restrictions on pornography but not something that can be done in the sign law. Mr. DePaolo
asked about realtor signs and that type of thing and how is that being addressed? Mr. Goodman
responded that if the signs are off-premise they are considered illegal and would have to be dealt
with upon a complaint. He added that Mr. Bates will go around sometimes and remove illegal
signs such as the painting and house cleaning signs scattered around on telephone poles etc. The
sign in front of your house on your property is covered by the aggregate size allowed.
Mr. DePaolo joked about bumper stickers and Mr. Goodman did note that you can't make your
vehicle a sign to try and get around the law.
Mr. Howe asked if the problem with the East Hill signage for the farmer's market has been
addressed and Mr. Engman responded that the problem was how they put the signs out, one after
another, and Mr. Goodman responded that the new law allows more signage than what they have
now.
Mr. Goodman reminded the Board that the process is to refer the draft sign law to the other
boards and committees for review and comment for the Town Board to consider and then it
would be discussed again and a public hearing held. He added that if there are questions or
suggested changes,the Board should consider those at the October 19th so they can be decided on
before referring it for comments. It is a huge change and a part of our code that affects people in
different ways.
TB Sept 28, 2015 pg 14
Ms. Hunter asked about the art murals that are referenced, and Mr. Goodman responded that the
committee decided to define murals as not being a sign and they will be regulated as a separate
section of the code.
Mr. DePaolo asked how the aggregate amount was decided to take into consideration some of
our larger institutions and businesses and Mr. Goodman responded that when the rezoning
happens and institutional or business campus type zones are established the law can be amended
to deal with that allowance, but this draft does takes into account the size of the building and
whether or not you can see a sign from the public thoroughfare.
8. Consider Consent Agenda Items
TB Resolution 2015- 112: 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 September 14, 2015
b. Approval of Town of Ithaca Abstract
Moved: Rod Howe Seconded: Eric Levine
Vote: ayes: Howe, Levine, Goodman,Engman, Leary, and DePaolo
Abstention—Hunter
TB Resolution 2015- 112a: Approval of Minutes of September 14,2015
Whereas, the draft Minutes of the September 14,2015 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 as the final minutes of the
meeting September 14,2015 of the Town Board of the Town of Ithaca.
TB Resolution 2015 - 112b: 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. 1130- 1217
General Fund Town wide 85,359.42
General Fund Part Town 809.21
Highway Fund Part Town 1399336.21
TB Sept 28, 2015 pg 15
Water Fund 162011.59
Sewer Fund 71,415.58
Coddin ton Road Water Main Replace 1,834.11
.Sapsucker Water Tank Replace 7,685.71
Marcy Court Improvement 325.00
Forest Home Lighting District 147.69
Glenside Lighting District 57.07
Renwick Heights Lighting District 61.75
Eastwood Commons Lighting District 145.38
Clover Lane Lighting District 16.86
Winner's Circle Lighting District 56.87
Burleigh Drive Lighting District 57.19
West Haven Road Lighting District 172.03
Coddin ton Road Lighting District 102.60
TOTAL 323,594.27
TB Resolution No.2015—112c: Approve of Temporary Stipend for Justice Salk
Whereas,Judge Klein will not be able to perform work effective October 4, 2015 and is expected
to be out for several weeks; and
Whereas,Justice Salk has agreed to assume responsibility for both courts during Judge Klein's
absence; and
Whereas,the Personnel and Organization Committee discussed and recommends the Town
Board approving a weekly stipend for Judge Salk due to extended coverage of the caseload for
both courts at an amount of$125 per week until Judge Klein is able to return; now, therefore,be
it
Resolved, the Town Board approves a weekly stipend for Judge Salk due to extended coverage
of the caseload for both courts at an amount of$125 per week effective October 4, 2015 and
continuing until Judge Klein is able to return.
9. Adjournment
Meeting was adjourned upon a motion and a second. Unanimous—6:19 p.m.
Submittpoy
Paulette Terwilliger
Town Clerk
TB Sept 28, 2015 pg 16