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HomeMy WebLinkAboutTB Minutes 2019-03-11MEETING OF THE ITHACA TOWN BOARD Monday, March 11, 2019 AGENDA l . Call to Order and Pledge of Allegiance 2. Persons to be Heard Discuss facilitating early voting at Town Hall Lobby 3. 5:30 p.m. Public Hearing Public Interest Order: Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Winthrop Drive Water Main Water Improvement, and establishing the Town of Ithaca Winthrop Drive Water Main Water Improvement Area a. Consider SEQR b. Consider Adoption 4. Discuss and Consider a budget amendment increasing the 2019 Ithaca Town Budget Appropriation for the Muriel Street Water Main Replacement 5. Discuss and consider an Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Muriel Street Water Main Water Improvement, and establishing the Town of Ithaca Muriel Street Water Main Water Improvement Area 6. Discuss and consider a Bond Resolution (Subject to Permissive Referendum) Regarding a Proposed Public Works Facility Office Expansion in and for the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. 7. Discuss and consider approving the release of a Private Equitable Covenant and Ratifying Disposition of Real Property (Amabel) 8. Acknowledge Supervisor's appointments to the Facilities Planning Committee 9. Discuss and consider Certificate of Deposit 10. Discuss facilitating early voting at Town Hall Lobby 11. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify (2) Promotional Appointment to Motor Equipment Operator e. Ratify appointment of Deputy Town Clerk f. Acknowledge receipt of independent audit for 2018 — SCLIWC 12. Report of Town Officials, Committees and review of Correspondence 13. Consider adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Debra DeAugistine, being duly sworn, say that I am the First Deputy 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: 13 ADVERTISEMENT 0 NOTICE OF PUBLIC HEARING 7D v Vj eL4 Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: February 27, 2019 1!=1:Xl7P1 Ulm ra DeAugilsti -, �Dbputy Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this day of '- PAULETTE ROSA NOTARY PUBLIC, STATE OF NEW YORK NO. 011TES15611109 Qualified In Tompkins County -2ov Commission Expire$ December 4,& d- Fe6ruary -25,--2019 at-440 p.m. MkI=_ .11MAT-0- =_- r-1100009TTI =-A - said I own excepting ined i thereTrOM ine area con w thin I the Village of Cayuga Heights; and Wherea the Irm3rovement proposed in connection with 44 I Whereas, said $700,000 maximum estimated cost, � which I is the cost of the project hall be authorized to be fi- panced, at the option of ihs Town, by temporary financ- ing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the MIN Now, therefore, it is hereby ordered, by the Town Board of the Tciwrw�of Ithaca, Tompkins County, New York. as follows: 17 =11M nce with the provisions of Section 209-q of,the Town Law. S�ilcmj.' This Order shall take effect immediately. ag_ a vote on roff c�;I'511=Mchresultecl a� follows: The Order was thereupon declared duly adopted. Debra DeAugistine, Depu�:Town Clerk February 26 �i 0 1' M9 AROA 3TT3JUA4 XA%)Y W30 10 �JTATZ,31JSIA YIVA,ron ypoU00 anIA41,007 rsi ,S4 "Oniev,90 evvqO noieeinmu* MEETING OF THE ITHACA TOWN BOARD Monday, March 11, 2019 Minutes Board Members Present: Bill Goodman, Rod Howe, Pat Leary, Rich DePaolo, Tee -Ann Hunter, and Eric Levine Absent: Pamela Bleiwas Others Present: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance; Judy Drake, Director of Human Resources; Jim Weber, Highway Superintendent; and Paulette Rosa, Town Clerk 1. Call to Order and Pledge of Allegiance Supervisor Goodman opened the meeting at 5:33 p.m. 2. Persons to be Heard Heather Mount, Executive Director, Coddington Road Community Center Ms. Mount read a prepared statement regarding their expansion project and the issues with the easement and dedicated park space that the Town has to decide which way to deal with and she hopes they move quickly. (Attachment 1) 3. 5:30 p.m. Public Hearing Public Interest Order: Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Winthrop Drive Water Main Water Improvement, and establishing the Town of Ithaca Winthrop Drive Water Main Water Improvement Area Mr. Goodman opened the public hearing at 5:39 p.m. Harlan McEwan spoke in favor of the project and thanked the board and staff for answering questions that have come up in a prompt and thorough manner. He was very happy this was being done to the old infrastructure that has been failing. Mr. Goodman explained that some questions arose due to the legalese in the Public Interest Order which could be construed as the neighborhood having to pay for it rather than the town at large, which is what happens. Elizabeth Anderson spoke about her concerns about the lack of communication with the neighborhood including the public interest order, details of the project and a time line for the project and what the impacts will be to their properties. Ms. Anderson said that there are a lot of concerns in the neighborhood and the lack of a mailing to the residents to alert them to this proj ect. Mr. Goodman closed the public hearing at 5:44 p.m. and brought the matter to the Board for TB 2019-03-11 pg. 1 discussion. Mr. Goodman asked Mr. Weber to summarize the project to address some of the concerns expressed. Mr. Weber noted that the neighborhood is notified after the approval process and the bids are received and within budget and the details from the contractor are received. He did not think there would be any large-scale water stoppage and the neighborhoods would be notified by door hangers. All properties are returned to the same state if not better and the project is estimated to take 120 days. Ms. Hunter explained the permissive referendum process and asked Mr. Weber to give a little more detail regarding any disruptions that will occur on people properties. Mr. Weber responded that the line runs in the ROW for the road which is 60 feet from property line to property line with the pavement being 24 feet wide so there will be driveway impacts in some locations as well as front lawns for reconnection and topsoil work. Ms. Hunter asked if individual properties would be contacted and if there was a map that could be posted online to give a sense of which properties would be affected. Mr. Weber responded that there is a map but it isn't very detailed which is part of the maps, plans and reports which he made available to Ms. Anderson. Individual homes will be contacted as the work progresses down the street. Door hangers are used once the start time is known by the contractor who has 120 days from the notice to proceed to the bidder. This allows contractors to schedule their work(ers). We will have our own staff onsite every day. He added that he would be happy to discuss with individual residents. Mr. Goodman noted that the next Public Works Committee meeting is taken with the Townwide Sewer Study. a. Consider SEQR (Attachment 2) Mr. DePaolo asked about whether this would provide water and sewer to under -served areas and allow for more development. He asked Mr. Weber about the impact of upsizing from 6-8inch and what the impact would be. Mr. Weber responded that this main is centered in a currently served area with a few undeveloped lots which might be limited by the Village of Cayuga Heights constrictions. No expansion is known at this point and very limited lots that could be increased. Mr. DePaolo asked if there were any lots that would be refused under the current conditions and Mr. Weber responded that they would not. Mr. Goodman asked if this project and the others coming up are going from 6" to 8" and Mr. Weber responded that they are and these replacements are due to high frequency of breaks. Ms. Brock noted that the SEQR form says that there are underserved areas but he just answered TB 2019-03-11 pg. 2 there were none. Mr. Weber said he could only guess to which lots might be developed but this area is between two tanks and Mr. DePaolo asked if this project would allow for development in other municipalities and Mr. Weber responded that he did not think this will affect other municipalities. TB Resolution 2019-032: SEAR — Winthrop Drive Water Main Water Improvement Proiect Whereas this action is the replacement of sections and relocation of the existing route to increase efficiency known as the Winthrop Drive Water Main Water Improvement Project and Whereas this is an unlisted action for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project and Whereas the Town Board, at a public hearing held on March 11, 2019, reviewed and accepted as adequate the Environmental Assessment Form (EAF), Parts 1, 2 and 3 for this action submitted by the Town Engineer, along with other application materials; now therefore be it Resolved that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the EAF Parts 1 and for the reasons set forth in Parts 2 and 3. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes — Howe, Levine, Leary, DePaolo, Hunter and Goodman b. Consider Adoption TB Resolution 2019-033: 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 Winthrop Dr Water Main Replacement Water Improvement, and establishing the Winthrop Dr. Water Main Replacement Water Improvement Area Present: Bill Goodman, Supervisor; Rod Howe, Eric Levine, Tee -Ann Hunter, Pat Leary and Rich DePaolo Absent: Pamela Bleiwas Moved: Rod Howe Seconded: Eric Levine 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 establishment 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 Winthrop Dr. Water Main Replacement 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 TB 2019-03-11 pg. 3 known as the Town of Ithaca Winthrop Dr. Water Main Replacement Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area"; 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 February 25, 2019, 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 111' day of March, 2019 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, at its regular meeting on March 11, 2019, the Town Board determined approval, construction and implementation of the Improvement, which is an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects; 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 Winthrop Dr. Water Main 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 Winthrop Dr. Water Main Replacement 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 Improvement proposed in connection with the establishment of the Water Improvement Area consists of the replacement of TB 2019-03-11 pg. 4 approximately 3,510 LF of existing 6" water main with new 8" water main under Winthrop Drive from Warren Road to the Town border with the Village of Cayuga Heights, and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of $700,000; and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Winthrop Dr. Water Main Replacement Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca Winthrop Dr. Water Main Replacement 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 $700,000, which shall be financed as follows: at the option of the Town, by temporary financing under use of available reserves or 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 40 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 which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed 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 not required for such Improvement, 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 date this Order becomes effective pursuant to Town Law Section 91, 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: Bill Goodman, Supervisor, aye; Rod Howe, aye; Eric Levine, aye; Tee -Ann Hunter, aye; Pat Leary aye; and Rich DePaolo, aye Absent: Pamela Bleiwas The Order was thereupon declared adopted. TB 2019-03-11 pg. 5 Election Day use of Town Hall Lobby moved up Mr. Dewitt was present to discuss and answer any questions. The board reviewed the mock-up (Attachment 3) and tentative times and noted that the number of voting booths depicted were the maximum amount and they may start out with fewer but have the others available to avoid major moving were in favor of allowing the use this year and see how it goes. Mr. Dewitt reviewed number of voters for both the early and regular voting as far as registered voters, but this is the first year and there are no hard numbers for how many may use this new service. TB Resolution 2019-034: Consider approval for early voting and general election polling to be held at Ithaca Town Hall Lobby Whereas the Tompkins County Board of Elections has requested the use of the Ithaca Town Hall Lobby as a polling place for early voting and general election for Ward 4 of the City of Ithaca, as well as primary voting if necessary, now therefore be it Resolved that the Town Board authorizes such use as detailed above for the calendar year of 2019, and authorizes the Supervisor to sign an agreement to that effect subject to the approval of the Attorney for the Town. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes — Goodman, DePaolo, Hunter, Howe, Levine and Leary 4. Discuss and Consider a budget amendment increasing the 2019 Ithaca Town Budget Appropriation for the Muriel Street Water Main Replacement Mr. Weber stated this is due to separation needed between the water and sewer mains and associated gravel and paving. TB Resolution 2019-035: BUDGET AMENDMENT — Increasing the 2019 Ithaca Town Budget Appropriation for the Muriel Street Water Main Replacement Whereas, the Town Board approved the 2019 Ithaca Town Budget on October 15, 2018, TB Resolution No, 2018-133; and Whereas, the 2019 Ithaca Town Budget included an appropriation in the Water Fund for the Muriel Street Water Main Replacement Capital Project for $625,000, appropriation no. F8340.562, such project to be financed by the issuance of new long-term debt; and Whereas, during the detailed design process for this project the Town has discovered that the vertical and horizontal separation required by the Tompkins County Health Department between the new water main and the existing sanitary sewer under Muriel Street will require the new water main to be relocated from the shoulder as originally proposed to under the pavement of TB 2019-03-11 pg. 6 Muriel Street; and Whereas, this relocation of the new water main will result in additional costs estimated at $50,000 not included in the appropriation approved in the 2019 Ithaca Town Budget; and Whereas, the estimated $50,000 in additional costs for this project will be financed by issuing an additional $50,000 of new long-term debt in FY-2019, now therefore be it Resolved, that the appropriation to the Muriel Street Water Main Replacement Capital Project in the 2019 Ithaca Town Budget be increased by $50,000 as follows: • Water Fund — Expenditures - Account F8340.562: Muriel Street Water Main Replacement is increased from $625,000 to $675,000. And be it further Resolved, that the revenue for the Water Fund Capital Projects in the 2019 Ithaca Town Budget be increased by $50,000 as follows: • Water Fund — Revenue - Account F5710: Proceeds from Serial Bonds is increased from $2,200,000 to $2,250,000. Moved: Rich DePaolo Seconded: Eric Levine Vote: Ayes — DePaolo, Levine, Leary, Goodman, Howe and Hunter 5. Discuss and consider an Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Muriel Street Water Main Water Improvement, and establishing the Town of Ithaca Muriel Street Water Main Water Improvement Area TB Resolution 2019-036: Order setting a Public Hearing regarding a proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Muriel Street Water Main Water Improvement, and establishing the Town of Ithaca Muriel Street Water Main Water Improvement Area Present: Bill Goodman, Supervisor; Rod Howe, Eric Levine, Tee -Ann Hunter, Pat Leary and Rich DePaolo Absent: Pamela Bleiwas Moved: Eric Levine Seconded: Tee -Ann Hunter TB 2019-03-11 pg. 7 Whereas, a map, plan and report, 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 establishment 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 Muriel Street Water Main Water Improvement, (the "Improvement"), to provide such water Improvement to the present Town water system, 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 Muriel Street Water Main Water Improvement Area (the "Water Improvement Area"); and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof, and Whereas, the area of said Town determined to be benefited by said Town of Ithaca Muriel Street Water Main Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of the replacement of approximately 3,000 LF of existing 6" and 8" water main with new 8" water main under Muriel Street from Hanshaw Road to the end of the cul-du-sac, and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of $675,000; and Whereas, said $675,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed, at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the issuance of serial bonds with a maximum maturity not in excess of the forty (40) year period prescribed by the Local Finance Law, or directly by the issuance of such bonds; and Whereas, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins TB 2019-03-11 pg. 8 County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 25th day of March, 2019, at 4:30 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Bill Goodman, Supervisor, aye; Rod Howe, aye; Eric Levine, aye; Tee -Ann Hunter, aye; Pat Leary aye; and Rich DePaolo, aye Absent: Pamela Bleiwas The Order was thereupon declared duly adopted. 6. Discuss and consider a Bond Resolution (Subject to Permissive Referendum) Regarding a Proposed Public Works Facility Office Expansion in and for the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. TB Resolution 2019-037: BOND RESOLUTION (Subject to Permissive Referendum) In the Matter of the Proposed Construction of the Public Works Facility Office Expansion, in and for the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town Hall, in Ithaca, New York, in said Town, on the llth day of March, 2019, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Bill Goodman and upon roll being called, there were PRESENT: Supervisor Bill Goodman; Councilperson Rich DePaolo, Councilperson Rod Howe, Councilperson Tee -Ann Hunter, Councilperson Patricia Leary and Councilperson Eric Levine ABSENT: Councilperson Pamela Bleiwas The following resolution was offered by Rod Howe who moved its adoption, seconded by Eric TB 2019-03-11 pg. 9 Levine to -wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF THE PUBLIC WORKS FACILITY OFFICE EXPANSION IN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $800,000, AND AUTHORIZING THE ISSUANCE OF $800,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, at its regular meeting on March 11, 2019, the Town Board has determined approval, construction and implementation of this capital project are a Type H Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "construction of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls," and thus approval, construction and implementation of the capital project are not subject to review under SEQRA; WHEREAS, it is now desired to authorize the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The construction of the Public Works Facility Office Expansion, located at 106 Seven Mile Drive, Ithaca, New York, in and for the Town of Ithaca, Tompkins County, New York, including furnishings, equipment, machinery, apparatus, appurtenances, incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $800,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $800,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient TB 2019-03-11 pg. 10 to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Bill Goodman, Supervisor, aye; Rod Howe, aye; Eric Levine, aye; Tee -Ann Hunter, aye; Pat Leary aye; and Rich DePaolo, aye Absent: Pamela Bleiwas TB 2019-03-11 pg. 11 The resolution was thereupon declared duly adopted. 7. Discuss and consider approving the release of a Private Equitable Covenant and Ratifying Disposition of Real Property (Amabel) Ms. Ritter explained the convoluted nature of this issue (Attachment 4). Essentially it is a piece of land that should have gone back to the City years ago and was not supposed to be included in the park space because it is not suitable for a park due to the railroad going through it. Some discussion followed with Ms. Brock explaining some of the legalese and the Board was comfortable moving forward. TB Resolution 2019-038: Approving the Release of a Private Equitable Covenant and Ratifying Disposition of Real Property Nunc Pro Tunc Whereas, the Town Board of the Town of Ithaca ("the Town Board") conveyed premises located at 617 Five Mile Drive in the Town of Ithaca ("the Premises") to the City of Ithaca (the City") by Quitclaim Deed dated and recorded in the Tompkins County Clerk's Office on November 10, 1999 in Liber 863 of Deeds at page 21; ("the 1999 Deed"); and Whereas, the City of Ithaca seeks to convey a portion of the Premises located on the west side of the former Norfolk Southern Railroad ("the Project Parcel") to New Earth Living, LLC ("the Purchaser") for the Amabel project ("the Amabel Project") located in the Town of Ithaca and which was approved by the Planning Board of the Town of Ithaca; and Whereas, the Ithaca Urban Renewal Agency ("IURA") is acting on behalf of the City in the conveyance of the Project Parcel to the Purchaser; and Whereas, the Purchaser requires proof of approval by the Town Board of the 1999 conveyance from the Town to the City, but the Town has been unable to locate the original resolution; and Whereas, a portion of the Premises was intended to be used as substitute parkland, but the Project Parcel was not included in the substitute parkland; Whereas, the 1999 Deed contained a private equitable covenant which imposed restrictions on the use of the Premises, including a restriction on the use of the Premises only for passive park land purchases; and Whereas, the IURA requested a release of the restrictions on the use of the Project Parcel, so that the conveyance to the Purchaser could proceed and the Purchaser could construct the Amabel Project on the Premises; now, therefore, be it Resolved that the Town Board ratifies and approves the disposition of the Premises by the Town to the City nunc pro tune; and be it further Resolved that the Town Board approves the Release of Deed Restrictions attached hereto and TB 2019-03-11 pg. 12 made a part hereof, and be it further Resolved that the Town Supervisor is authorized to execute said Release on behalf of the Town. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes — Howe, Levine, Leary, DePaolo, Hunter and Goodman 8. Acknowledge Supervisor's appointments to the Facilities Planning Committee Mr. Goodman stated that he knew a lot of people were interested but the official committee would be: Bill Goodman, Rod Howe and Pamela Bleiwas and they will set up a schedule and anyone can attend. Staff members will be asked to come as needed. Mr. Goodman reminded the board that this is to study the long-term space needs of the Town to include the Town Hall and Public Work Facilities not to include the short-term uses of some of the Town Hall downstairs spaces. 9. Discuss and consider Certificate of Deposit Mr. Solvig explained that rates are up enough to allow us to make a little bit of money. Discussion followed and the resolution was changed slightly to allow for multiple CDs in case one needs to be accessed early. This also brought up the fact that credit unions are not currently allowed to have CDs from government and the Board was in favor of draft a resolution urging the Association of Towns to take up the issue. TB Resolution 2019-040: Authorization to Open Certificate(s) of Deposit with Tompkins Trust Company an amount not to exceed $6,700,000 for a Period of 14 Months. Whereas, at the February 25, 2019 meeting the Budget Committee reviewed the balances in the Town's various bank accounts, identifying $6,700,000 that could be invested for a period in excess of one year; and Whereas, after discussion of various investment options it was the consensus of the Budget Committee that the identified funds be invested at Tompkins Trust Company in a Certificate of Deposit with a 14-month maturity and interest rate of 2.23%; now, therefore, be it Resolved, that this governing Town Board hereby authorizes the opening of Certificate of Deposit(s) at Tompkins Trust Company in an accumulative amount not to exceed $6,700,000 with a 14-month maturity and interest rate of 2.23%; and be it further Resolved, that the Town Board authorizes William Goodman, Town Supervisor, Michael Solvig, Town Finance Officer, and Rod Howe, Town Board Member as authorized signers on this TB 2019-03-11 pg. 13 Certificate of Deposit and two signatures are required for opening and closing the Certificate(s) of Deposit. Moved: Eric Levine Seconded: Rich DePaolo Vote: Ayes — Levine, DePaolo, Hunter, Leary, Howe and Goodman 10. Discuss facilitating early voting at Town Hall Lobby (was discussed earlier) 11. Consider Consent Agenda TB Resolution 2019-041: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify Highway Superintendent's promotional appointment of MEOs (2) e. Ratify Town clerk's appointment of Deputy Town Clerk f. Acknowledge receipt of SCLIWC 2018 audit g. Acknowledge appointment of Rod Howe to the SCLIWC (Bolton Point Commission) Moved: Tee -Ann Hunter Seconded: Eric Levine Vote: ayes — Hunter, Levine, Goodman, Howe, DePaolo and Leary TB Resolution 2019-041a: Approval of Minutes of February 25, 2019 Whereas, the draft Minutes of the February 25, 2019 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 meetings February 25, 2019 of the Town Board of the Town of Ithaca. TB Resolution 2019-041b: Town of Ithaca Abstract No. 5 for FY-2019 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. TB 2019-03-11 pg. 14 VOUCHER NOS. 268 - 336 General Fund Town Wide 27,479.72 General Fund Part -Town 8,970.07 Highway Fund Town Wide DA 2,238.09 Highway Fund Part Town DB 8,770.66 Water Fund 542,951.46 Sewer Fund 57,154.22 Risk Retention Fund 193.25 Forest Home Lighting District 248.64 Glenside Lighting District 85.00 Renwick Heights Lighting District 108.65 Eastwood Commons Lighting District 213.23 Clover Lane Lighting District 25.29 Winner's Circle Lighting District 75.78 Burleigh Drive Lighting District 86.62 West Haven Road Lighting District 278.43 Coddin ton Road Lighting District 164.94 Trust and Agency 7,000.00 TOTAL 656,044.05 TB Resolution 2019-041c: 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: 68-118 Check Numbers: 18229-18279 Capital Impr/Repl Project $ 22,562.25 Operating Fund $ 74,460.44 TOTAL $ 97,022.69 Less Prepaid $-____5,,'7_5 a,444 TOTAL $ 91,270.25 TB Resolution 2019-041: Ratify (2) Promotional Appointment to Motor Equipment Operator Whereas, there are currently two vacant Motor Equipment Operator position due to promotions; and TB 2019-03-11 pg. 15 Whereas, the Highway Superintendent has determined through interviews and evaluation that Christian Brill and Anthony Inman, Laborers, possess the necessary knowledge, skills and ability to satisfactorily perform the duties of the Motor Equipment Operator position; and Whereas, the Highway Superintendent promotionally appointed Christian Brill and Anthony Inman to the Motor Equipment Operator position, effective March 3, 2019; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's regular promotional appointment of Christian Brill and Anthony Inman as full time Motor Equipment Operators for the Public Works Department, effective March 3, 2019; and be it further Resolved, this is a 40 hour a week position, at the hourly wage of $24.56 (Brill-CDLB) and $25.90 (Inman-CDLA), in Job Classification "IIP', with no change to their full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight (8) week probationary period there will be no further action required by the Town Board. TB Resolution 2019-041e: Ratification of Town Clerk's Appointment of Deputy Town Clerk Whereas, the Town Clerk received approval May 9, 2016 to hire a Deputy Town Clerk to work on a records management project involving Municity and Laserfiche from June 2016 through December 2018, which was extended until December 31, 2019; and Whereas, Paulette Rosa, Town Clerk, appointed Jasmin Cubero as a Deputy Town Clerk, effective, May 31, 2016, as a temporary appointee to work on this records management project; and Whereas, there will be a vacancy due to a retirement effective April 2019 in the Town Clerk's department and the Town Clerk and Human Resources Manager interviewed Jasmin Cubero for the Deputy Town Clerk position; and Whereas, Paulette Rosa, Town Clerk, appointed Jasmin Cubero to the regular Deputy Town Clerk position, effective March 17, 2019, now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Town Clerk, of Jasmin Cubero as a regular Deputy Town Clerk, effective, March 17, 2019; and be it further Resolved, the said position is in job classification "B" at 37.5 hours a week, at the hourly wage of $25.17 (job rate), with full time benefits from account A1410.100; and be it further Resolved, a twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town TB 2019-03-11 pg. 16 Clerk. TB Resolution 2019-041f: Acknowledging receipt of SCLIWC (Bolton Point) Independent Audit 2018 Resolved that the Ithaca Town Board acknowledges receipt of the SCLIWC (Bolton Point) Independent Audit for the year ending December 31, 2018. TB Resolution 2019-041f: Acknowledge appointment of Rod Howe to the Bolton Point Commission Resolved that Rod Howe is appointed to the Bolton Point Commission, replacing Pamela Bleiwas. 12. Report of Town Officials, Committees and review of Correspondence Mr. Goodman discussed Mr. Baldwins request to address the Board on nuclear disarmament. Discussion followed but the Board ultimately decided this was a larger issue that the Town has no control over and although we have taken stances in other cases, those issues were a bit more local. Mr. Weber presented color scheme choices for the Public Works Facility which the Board approved of. Mr. Solvig noted that the timing of the Winthrop Drive project may necessitate a special meeting. At 7:10 p.m., Mr. Goodman moved to enter closed and executive session to discuss the employment history of a particular person, to discuss the possible acquisition of real property and pending or current litigation. Seconded by Mr. DePaolo, unanimous. 13. Consider adjournment Motion made by Mr. Levine at 8:49 p.m. to reenter open session and adjourn. Seconded by Ms. Leary, unanimous. Submitted by Paulette Rosa, Town Clerk TB 2019-03-11 pg. 17 Att,x;lhirnE,'Irllt 1 1-B 03-11-2019 ,dington Road MUNII"Y CENTER Coddington Road Community Center has been a fixture of Ithaca's South mill Community since 1949. Originally a one roorn school house and, later a meeting, space for local gatherings, the center's first childcare programs were openeci in 1984This was due to the significant volunteer efforts, of countless members of the local community, including the Town of Ithaca. Since that time, the center has grown to include 2 pre-k classrooms, a toddler room, an infant room, surnmer camp, B,oard of Directors an after school program and a variety of corrimunity interest programs. Situated On 12 partially wooded acres,, Coddington has always made the outdoors a, priority. Our childcare prograrns, play h'i fenced playgrouinid!s as, well as our field and pavilion areas. Afterschool is outside whenever P055ible dUld Out bUrIMMI LdilljpLUnkirMes Lo 01,)erdle UUtd(JUCS A 5VdI5011 U15ilig (,/b,k,,,r Swo� [, hre,,vur 4.!r two permanent and two temporary shelter spaces, During the last five years Coddington has begun to plan, for the future. We have conducted focus IIPT, SWA[x,f groups, strategic planning sessions, community and staff outreach, and needs surveys with, area residents. The results are clear, our community woluld like to see snore availability of childcare and more community prorams. A variety of suggestions have been, put forth, most popular are incloor gym space, roorn, for community events and more outdoor recreation programs. We have also assessed the "public" use Outside of the offerings scheduled by the Center, unfortunately, community groups, are reluctant to utilize our outdoor space as there are not public bathrooms Executive Director available, as a result it Ihais been Many years since any tearn or group visited the property unless we arranged for theism to come and supplied staff to, open, our building for bathroom access. Pvlounl The most recent strategic/ grow planning for Coddington is designed to address a number Of critical issues: prograrn needs for snore space (waidist data indicates we could readily add 3-4 new classrooms of children), spaces need updating (heating issues, lack of convenient handicap accessibility, plurnbing concerns), outdated kitchen needs commercial upgrade including safety fI,(')7) )71/-11, 4`; e(jUipment, secondary building is falling apart (NIYS OUS has indicated they are unlikely to relicenise), gyirn space has long been the 91 request from, the community, bathroorns accessible to the outdoors has been #2 (currently our carrip prograrn, uses po,rta-johns, all summer). In order to continue developing an expansion plain, the easernent currently in place needs to be AVVV "A', C C1 Qlf addressed. Representatives from Assemblywoman Lifton's office and Senator 0'Mara's office have both indicated they do, not have findings indicating that alleriation is, required, however, if our two, entities are in agreement that alienation should be sought then they will respond to the legislative request per, the NYS AlienatiOu process. 11 have f0l'Wdrdecl copies of ernai,is from both, offices to SuperviscrGoodman and in turn have requested specific inforrnation, concerning the opirflon of the Towin's, Attorney, Susan Brock regarding the necessity of cornpleting this process. Areas of specific interest to this matter as outlined in the alienation handbook are as foHows: 1. The parklandolienation process applies to porkland owned by municipalities, including cities, counties, towns and villages. (pi.3) Codd ington retained ownership of the property and an easement was all that was used to indicate the, arrangement. a nonprofit organization dedicated to supporting families by providing children and youth with exceptional care in, a wa,rm, accepting, and safe environment. We are committed to providing enriching educational experiences In which children learn to carry out responsibilities, make decisions, express themselves creatively, and discover friendships. 2. Implied dedication is shown by actions or declarations by a local government that are unmistakable in their purpose and decisive in their character as to intent to dedicate land for use as parklandJ2 (p.4) Footnote 12 on page 4 references the matter of Glick v. Harvey which when reviewed by the Supreme Court of NYS it was determined that "the actions and declarations by the land owner indicating the intent to dedicate his land to the public used are unmistakable in their purpose and decisive in their character to have the effect of a dedication" and further "the owner's acts and declarations should be deliberate, unequivocal and decisive, manifesting a positive and unmistakable intention to permanently abandon his property to the specific public use" (decided on June 30, 2015, No. 107). Coddington retained ownership, use, and promotion of the property throughout the duration of the easement and merely granted use rights through the easement. 3. For non -alienation incidental uses of parkland, municipalities may issue revocable licenses and in some cases leases to outside operators.ss A revocable license for a park purpose is usually not an alienation of parkland. (p. 7) This reflects the Town's use of a revocable license as outlined in the aforementioned easement which includes a clause indicating the Town can discontinue with 30 days' notice. The Coddington Road Community Center is eager to continue to serve the community in a manner consistent with the needs and interests expressed by its community members. With respect to the long term relationship that the Center has had with the Town of Ithaca we are interested in resolving this matter in a manner that will provide the most benefit to both entities and the greater Ithaca Community. ac.M TI mE,'rll 1-B fMlfMljllirIg 03-11. 019 Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part I — 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 I based on information currently available. If additional research or investigation would be needed to fiilly 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 Town of Ithaca Name of Action or Project: Winthrop Drive Watermain Replacement Project Project Location (describe, and attach a location map): Winthrop Drive from Warren Road to the Village of Cayuga Heights/Town of Ithaca municipal boundaries Brief Description of Proposed Action: The Winthrop Drive Watermain Replacement Project will begin at the existing water valve connection at Warren Road -Winthrop Drive intersection and run west approximately 3510 LF to the Cayuga Heights/Town of Ithaca municipal boundaries. The New watermain will replace approximately 3510 LF of existing 6-inch cast iron watermain. The new main will be 8" ductile iron placed in close proximity to the existing main. New services and curb boxes will be installed up to the existing curb boxes. It is anticipated that the resulting upgrade and replacement (along with previous tank and pump station upgrades performed in 2014-2015) will provide reliable upgraded fire flow of approximately 2000 GPM along Winthrop Drive. Name of Applicant or Sponsor: Telephone: P 607-273-1656 E-Mail: jweber@town.ithaca.ny.us Town of Ithaca - Town Board Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ El 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 government Agency? NO YES If Yes, list agency(s) name and permit or approval: Tompkins County Health Department ❑ 3. a. Total acreage of the site of the proposed action? 4.83 acres b. Total acreage to be physically disturbed? .55 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 6.11 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture Aquatic ❑✓ Other(Specify): School ❑ Parkland llaoe 1 cal' 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A F] � Fv E1_ El F-1 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES - Fv-1 F-1 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? Area is served by TUATROUtC 37 c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES Fv F-1 Z_ Z F-1 F 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NIA NO YES F-1 F] 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: N/A NO YES El F-1 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district whicli is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES R/I El 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? Please see Part 3 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: NO YES F-1 RI El P/1 Page 2 ol'3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: FlShoreline F-1 Forest M Agricultural/grasslands MV Early mid -successional MWetland F-1 Urban Mt/ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES RI El 16. Is the project site located in the 100-year flood plan? NO YES Ft_/1 1-1 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b . Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES 1-1 F6/ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES Fv_1 F-1 -19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES Fv_1 F-1 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE L-2 Applicant/sponsor/na e:: Date: Signature: Title:' /0L,),1 PRINT FORM Pi(,e 3 of 3 EAF Mapper Summary Report Monday, March 04, 2019 1:48 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental r assessment form (EAF). Not all questions asked in the EAF are P A? Lansin answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although g the EAF Mapper provides the most up-to-date digital data available to c DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. 61 �h Ottawa, tarty st to Tbionta Ah �W f L4d" 'A kYi M. SOLV Ile SGS' Intermsp, INCREMENT,�, NFL E S�9,sr,f,�TETI, EsriChirta 1 Hc,n-g.!KDrg)' 8 Sri Garmin, �i K"s, Esri Jhs6wd)�I'ic U S, Mai I n E&FAA; „a wPer ��e ptf�'fap oc'ntrit'Utcfs�� the G34S , S it, INC*�EIA,ViT F, PtRGen EsOl;," U5'ET COMMUrity sn,/OETI, Esiichin Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] No Part 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 Question 15 [Threatened or No Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report I Agency Use Only [If applicable] Project: Winthrop Dr. Water Main Replacement Date: March 11, 2019 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 1 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 RI ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? RI ❑ 3. Will the proposed action impair the character or quality of the existing community? R 4. Will the proposed action have an impact on the environmental characteristics that caused the 21 ❑ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or infrastructure for ❑ affect existing 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: a. public / private water supplies? ✓❑El b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ❑ waterbodies, 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? Pagel of 2 Agency Use Only [If applicable]_ Project: Winthrop Dr. Water Main Replacement Date: March 11, 2019 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 proposal involves replacing an existing, failing Winthrop Drive water distribution main with a new, larger main. The water main was installed circa 1960 and has experienced many failures that have lead to numerous breaks along the main. Upgrading the main with larger piping and other improvements will eliminate the failures and increase fire flows along Winthrop Drive. Regarding Part 1, Question 13a: There are no wetlands on or near the project. According to the NYS DEC Environmental Resource Database, the project is located approximately 200 feet south of an unnamed stream and approximately 600 feet north of Renwick Brook. Provided that appropriate erosion and sedimentation controls are in place during the proposed trench excavation, pipe removal, and installation of new piping and equipment, there will be no significant negative environmental impacts on either stream. The proposed action will have a positive impact on the existing water di iet the capacity of which will be upgraded to handle the current and projected future water needs in the area. ❑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 Town Board Name of Lead. Agency William Goodman Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 3� it Al Date Town Supervisor Title�es onsible Officer Signature of Preparer (if different from Responsible Officer) Page 2 of 2 kr \/y0 �O ry�oJ y��o��o 2�0 z��ody �L Info Table ��VOTING MACHIN iVOTING MACHINE H y h K J 0 l�a -00 1S oiviina I f 222222222 a a a a a a s c. n. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tV N t+1 pp t+l pp M N N 0 0 0 0 0 0 0 0 0 a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000�o.`�-i000 v a o u N °7 7 a N Q a c 0 c c w t m u c ; `-' o N H o ca. J = 0 W J J a Z = oz P: 3: LU J O W a J V o a oLn c �Nqt w z — Q w 4- (D >- (� o p Z z H Q Z Q O Ln , _ A. ,r �6 \yvp 2 p� YdpOJ J 3,00 y �d �0 yJ Y VOTING NFORMATION �l M�VOTING l) MACHIN a 0 x A m Q o C� m i W z y J d s�j/yy 02 oe i bd \ Yy d �Y O iaMIITu�w,'ir t 4, -l-B C E,E,t 1r][g 03-11- 019 PLANNING DEPARTMENT MEMO To: Town Board From: Susan Ritter, Director of Planning Date: March 5, 2019 Subject: Amabel project - issues concerning the 3.3+/- acre parcel being purchased from the City of Ithaca Attached are materials pertaining to consideration of a release from a deed restriction to allow for the sale and future development of a 3.3 +/- acre parcel currently owned by the City of Ithaca. The city intends to sell the parcel to New Earth Living, LLC for the Amabel housing project. As described briefly at the February 25t" Town Board meeting, this property was previously part of a 26 +/- acre parcel that the Town of Ithaca sold to the city in 1999. The city's intent for the land was to serve as substitute park land so that the designated park, known as the Southwest Park, could be alienated (as parkland) and sold for development purposes. When the land was sold to the city, the town included the following covenant language in the deed of sale: 4. City Use of Land. The Grantee agrees that unless the Grantor otherwise agrees in writing Grantee will use the Property solely and only for passive park land purposes. For this purpose "passive park land" means uses for public trails, woodland, hiking, and similar uses which do not require significant alteration of the physical characteristics of the Property or intensive use by groups of people. There will be no athletic fields, no structures......" According to the city, the 3.3 acre parcel was never included as part of the substitute parkland for Southwest Park. This smaller portion of the 26 +/- acre parcel is separated by the Norfolk Southern rail line which is still active. Maps included in the Southwest Area Land Use Study (1993) and the Southwest Natural Area Master Plan (2000) depict the substitute park as being on the east side of the Norfolk Southern rail line and do not appear to include the small parcel west of the railroad (see maps enclosed). In order for the sale and future development of the 3.3 +/- acre parcel to move forward, relief from the deed covenant is needed from the town. In addition, in order for New Earth Living, LLC to clear title for the purchase of the land from the city, documentation showing authorization by the town for the 1999 land conveyance to the city is required. Town staff has researched the matter and has been unable to locate an authorizing resolution. Therefore, the enclosed resolution, for the Board's consideration, includes two actions: 1) releasing the deed restrictions from the 3.3+/- acre parcel and 2) providing for town approval of the disposition of the land to the City via nunc pro tunc (Latin term meaning "now for then", and used in legal situations to apply rulings/actions retroactively). Enc. Map Prepared by Planning Dept. Aerial Photo 2018 Date 3/4/2019 275 550 1,100 Feet W E S P 11 I "I '4� Oyu �13 .......... oaf m Southwest Natural Area The northeast portion of the park and beyond. The City of Ithaca assembled the South- west Natural Area primarily as Substitute Park Land for the designated Southwest Park located adjacent to the Natural Area. (Southwest Park had been determined to have better use as a development parcel.) The Town of Ithaca and Tompkins County conveyed to the City various parcels of land, which were incorporated into the Sub - stitute Parkland. The Natural Area is bounded to the north by the flood control levee, commercial development, the Tompkins County Transfer Station and the alienated Southwest Park. It is bounded to the east by commer- cial development (the Widewaters site) and Route 13. It is defined on the south by an extension of the Black Diamond Trail Corridor, currently in the design stage by the Finger Lakes Division of New York State Parks in conjunction with the City of Ithaca, and residen- tial development beyond the trail corridor. The western edge of the Southwest Natural Area is bordered by the proposed Black Diamond Trail Corridor and by the active rail line of the Norfolk Southern. The Natural Area rests within the 100-year flood plain, although not significantly affected by it. As the Southwest Natural Area is sur- rounded by several embankments, including the flood control levee and former rail embankments, it is somewhat visually and hydrologi- cally enclosed. Historically, much of this site was farmed with the exception of for- est along the creek, a few hedgerows and patches of trees along the old railroad. An old railroad abutment still exists on the creek's edge where the railroad historically crossed the site. A local slaughter- house previously existed on the site; its foundation remains and will become the parking lot for the Natural Area. Flood control levee. View south towards the Southwest Natural Area. Old railroad abutment The goal of the park is to protect, and in some instances enhance, existing vegetation and natural features. Today, many vegetation patterns exist on the site: vernal pools, meadows, floodplain for- ests, wetlands, a small conifer plantation, hedgerows. Sensitive features in the Southwest Natural Area include: Negundo Woods (a floodplain portion of the Natural Area), the Cayuga inlet (whose course on this site is the only stretch of unchannelized creek within city boundaries), rare plants, and a variety of fauna (bird watching is particularly popular). Park plans include a network of multi -use, pedestrian and bicycle trails that will traverse a variety of plant communities. Plans also include water access in three locations, picnic areas, access to a favored fishing area, and a dogs -off - leash program. 65 Southwest Natural Area Master Plan H"r��uuextlru�mXliu^Nvl�w �I I`tlIrdN�N Access Via � �"'� � � ;Id e r Driimamd lraii Ar j fl V Vehicular' and Pedeslrlan � , lw r : y � 4"nvl7rbulred Rnill t r rssinz a rob '� 5 in ItlllO ram,lid 111viwilv area Open lid i-m ilI ruw For 'Moue Dust Ica it e .. �1� g l f! Y f a I Pwwswrlble Fmi'lwty �� N ,,n Paths 4wrr. 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 2/1/2019 To: 2/28/2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2018-0342 2/1/2019 CO 56.-3-19 1580 SLATERVILLE ROAD MKELLY ISSUED 2016-0365 2/4/2019 TCO X 71.-1-11.55 326 Blackstone Ave DMAGNUSO ISSUED 2018-0423 2/5/2019 CO 71.-1-65 1024B HANSHAW ROAD MKELLY ISSUED 2018-0589 2/6/2019 CC 42.-1-1.1 308 CODDINGTON ROAD MKELLY ISSUED 2019-0058 2/8/2019 CC 28.1-1-18 219 Rachel Carson Way MSTONIER ISSUED 2018-0433 2/8/2019 CC 26.-3-8.2 1212 Trumansburg Rd SWILLIAMS ISSUED 2017-0443 2/8/2019 CO 48.-1-12.3 703 CODDINGTON ROAD MKELLY ISSUED 2019-0048 2/11/2019 CC X 44.-1-108 309 Saranac Way MKELLY ISSUED 2018-0352 2/12/2019 CO 70.-1-49 517 WARREN ROAD MKELLY ISSUED 2017-0252 2/13/2019 CC 43.-1-5 1083 DANBY ROAD MKELLY ISSUED 2019-0365 2/13/2019 CO 41.-1-30.2 416 Grant Egbert Blvd ISSUED 2019-0062 2/14/2019 CC 39.-1-21 389 Stone Quarry Rd MSTONIER ISSUED 2018-0571 2/14/2019 CC 39.-1-29 341 Stone Quarry Rd MATES ISSUED 2019-0067 2/15/2019 CC 70.-10-3.3 1450 Hanshaw Rd MSTONIER ISSUED 2019-0053 2/20/2019 CC 21.-2-16 1045 Taughannock Blvd MSTONIER ISSUED 2019-0063 2/21/2019 CC 71.-1-11.30 324 Siena Dr MSTONIER ISSUED 2017-0575 2/22/2019 TCO X 26.-4-46.1 1229 Trumansburg Rd SWILLIAMS ISSUED 2019-0069 2/27/2019 ELECTRI 58.-2-39.56 159 Westview Ln MSTONIER ISSUED 2019-0069 2/27/2019 CC 58.-2-39.56 159 Westview Ln MSTONIER ISSUED Page 1 of 2 3/1/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Tvae and Status From: 2/1/2019 To: 2/28/2019 Certificate Type Certificate Status Count CC 11 CO ELECTRICAL ONLY CC TCO ISSUED 5 1 2 Total: 19 19 Page 2 of 2 Town of Ithaca 3/1/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 2/1/2019 To: 2/28/2019 Date Type Tax Parcel # Legal Address Disposition 2/1/2019 FIRE SAFETY VIOLATIONS 204 Cypress Ct ABATED Desc: 2 sprinkler pipe breaks in attached buildings 204 and 206. See Notes 2/5/2019 FIRE SAFETY VIOLATIONS 122 Summerhill Ln CLOSED Desc: Apt#2 Small grease fire on stove because of grease build up in drip pan. No structural damage, or injuries. Electric stove unplugged and red tagged by IFD 2/5/2019 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Burning odor from gas dryer, IFD unplugged unit, shut off gas supply and red tagged unit 2/7/2019 PROPERTY MAINTENANCE 30.-2-15.2 117 Coy Glen Rd CLOSED Desc: Basement flooding when washing cloths 2/12/2019 REPORT OF FIRE 104 Conifer Cir CLOSED Desc: Fire reported in the oven due to fractured heating element that was arcing. IFD de-energiazed the range and red tagged it. 2/19/2019 REPORT OF FIRE 204 Summerhill Ln CLOSED Desc: Fire reported by IFD on 2/16/19 at 204 Summer Hill Drive 2/19/2019 UNSAFE OCCUPANCY Desc: Building contaminated ( Meth lab.) 362 King Rd W OPEN 2/19/2019 FIRE SAFETY VIOLATIONS 214 Cypress Ct CLOSED Desc: Kitchen stove top fire extinguished by sprinkler system. 1 head activated, extinguished stove top fire, some scorching of cabinets about the stove, no further extension. Sprinkler system water supply shut off. Electrical circuits in kitchen area turned off at electrical panel. Apt de -watered by FD personnel. 2/20/2019 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: IFD had 2 EMS calls at the same time. The 2nd set of Knox keys fob and the given code did not work. They couldn't access the building. 2/20/2019 OTHER 29.-5-8 122 Westhaven Rd OPEN Desc: Section 125-7 A(1) Town of Ithaca Code 2/20/2019 OTHER 113 Campus Center Way OPEN Desc: Floor system possible compromise Page 1 of 3 Town of Ithaca 3/1/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 2/1/2019 To: 2/28/2019 Date Type Tax Parcel # Legal Address Disposition 2/26/2019 FIRE SAFETY VIOLATIONS 1229 Trumansburg Rd ABATED Desc: Complaint: Related to 19-750. Responded to floor 1 sprinkler activation. No water flow. Likely caused by water surge. 2/27/2019 LACK OF HEAT 54.-5-23 178 Kendall Ave OPEN Desc: No heat for roughly 9 days and problem with electricity being off especially the refridge. Was someone in the basement today but not knowing why. Page 2 of 3 3/1/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 2/1/2019 To: 2/28/2019 Totals by Complaint Type & Status ComplaintType Complaint Status Count FIRE SAFETY VIOLATIONS 6 LACK OF HEAT 1 OTHER 2 PROPERTY MAINTENANCE 1 REPORT OF FIRE 2 UNSAFE OCCUPANCY 1 Total: 13 ABATED 2 CLOSED 7 OPEN 4 Page 3 of 3 Town of Ithaca 3/1/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 2/1/2019 To: 2/28/2019 Date Type Tax Parcel # Legal Address Disposition 2/5/2019 FIRE SAFETY VIOLATIONS 122 Summerhill Ln CLOSED Desc: Apt#2 Small grease fire on stove because of grease build up in drip pan. No structural damage, or injuries. Electric stove unplugged and red tagged by IFD 2/5/2019 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Burning odor from gas dryer, IFD unplugged unit, shut off gas supply and red tagged unit 2/7/2019 PROPERTY MAINTENANCE 30.-2-15.2 117 Coy Glen Rd CLOSED Desc: Basement flooding when washing cloths 2/12/2019 REPORT OF FIRE 104 Conifer Cir CLOSED Desc: Fire reported in the oven due to fractured heating element that was arcing. IFD de-energiazed the range and red tagged it. 2/19/2019 REPORT OF FIRE 204 Summerhill Ln CLOSED Desc: Fire reported by IFD on 2/16/19 at 204 Summer Hill Drive 2/19/2019 FIRE SAFETY VIOLATIONS 214 Cypress Ct CLOSED Desc: Kitchen stove top fire extinguished by sprinkler system. 1 head activated, extinguished stove top fire, some scorching of cabinets about the stove, no further extension. Sprinkler system water supply shut off. Electrical circuits in kitchen area turned off at electrical panel. Apt de -watered by FD personnel. 2/20/2019 Desc: FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED IFD had 2 EMS calls at the same time. The 2nd set of Knox keys fob and the given code did not work. They couldn't access the building. Page 1 of 2 3/1/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 2/1/2019 To: 2/28/2019 Totals by Complaint Type & Status ComplaintType Complaint Status FIRE SAFETY VIOLATIONS PROPERTY MAINTENANCE REPORT OF FIRE CLOSED Count 4 1 2 Total: 7 7 Page 2 of 2