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HomeMy WebLinkAboutTB Minutes 2020-06-22Study Session of the Ithaca Town Board Monday, June 22, 2020 AGENDA ZOOM Meetine ID 991 1230 1523 or call 929-436-2866 1. New Neighborhood Code review and discussion 2. Consider approval of the issuance of Public Improvement Refunding (Serial) Bonds and related matters 3. Committee Reports a. P&O b. COC c. Planning d. Public Works e. Budget f. Ad Hoc Committees g. Other 4. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract 5. Review of Correspondence TB 2020-06-22 Pg. I MEETING OF THE ITHACA TOWN BOARD Monday, June 22, 2020 at 4:30 p.m. Minutes ZOOM ID 9911230 1523 Call In 929-436-2866 Board Members Present: Rod Howe, Supervisor; Members Tee -Ann Hunter, Pat Leary, Pamela Bleiwas, Rich DePaolo, Eric Levine and Bill Goodman Staff Present: Judy Drake, Director of Human Resources; Donna Shaw, Deputy Director of Finance; Marry Moseley, Director of Code Enforcement; Susan Ritter, Director of Planning; Dan Thaete, Director of Engineering; Dan Tasman, Senior Planner; Joe Slater, Director of Public Works; Paulette Rosa, Town Clerk; and Becky Jordan, Deputy Town Clerk 1. New Neighborhood Code (NNC) review and discussion Mr. Tasman started the discussion by answering a question from the last meeting; where does the NNC fit in to the grand scheme of things because we have our Zoning Code, we have Subdivision Code, PDZ regulations and others scattered throughout the Town's Code that deal with land use planning. He thought the best way to think of the NNC is as an accessory code that supplements the sections of the Code that is available to anyone that wants to subdivide or develop in parts of the Town where we want to see more intensive mixed-use development. Ms. Ritter asked him to talk about what would be enacted, versus Zoning. What are we doing now, and then what the next steps would be. Mr. Tasman responded that we are adopting the NNC and not changing the zoning at all. The Zoning Map stays the same with the NNC and if somebody decides, or if the Town decides, they want to see land developed in a certain area, whether it is a single owner or a group of owners, of the Town wants to preemptively rezone the area in anticipation of development fearing that if we don't do it now, what might be developed under our existing zoning might not be what we want. The developer would then follow the rules in the NNC for designing the neighborhood from laying out the parks and the streets and so forth. There is a rezoning process that is in the NNC, which is called a regulating plan. The idea behind a regulating plan is similar to a master plan for the entire neighborhood. That is where the Town Board would act to rezone an area to layout the parks and streets and infrastructure. It is a collaborative process that would involve a charrette with all stakeholders. The outcome would be a rezoning of a particular area for traditional development. Mr. Howe asked how involved the Planning Board has been on this and if he envisioned additional training for them. TB 2020-06-22 Pg. 2 Mr. Tasman responded that the NNC was presented to the Planning Board and there will need to be more education on what role would be. Not just their role in the design process, but once the regulating plan is in place, how that affects subdivisions. Or modifying existing buildings under Site Plan. The Planning Board's role would be much the same as it is now, but the threshold where they get involved is a little bit higher. They would be involved in reviewing the regulating plan and submitting comments to the Town Board. Mr. Tasman added that Ms. Balestra is working on the SEQR for the NNC and doing a great job. Mr. Goodman added that we have been working on this for a number of years and it is implementing our Comprehensive Plan that was adopted in 2014 and he is hoping that people have had their questions answered and we can move forward as soon as the SEQR is drafted. This is just the first step of a longer-term process to try and encourage the traditional neighborhood development in the three areas of the Town that the Comp Plan focused on. It is time to get it adopted and move on to the charettes and get community input and although with the pandemic there is not as much development pressure as we thought might happen, at some point the economy will pick up again and at some point Cornell will want to develop East Hill Plaza and it would be great to get this in place so we can move on to the next step, which is charrettes and community input and developing a regulating plan. Ms. Hunter commented on the cover which depicts the park on South Hill that is on the road but added that she did appreciate that park land cannot be under private ownership. Mr. Tasman responded that it actually could be privately owned but has to function as a public park. The NNC requires maintenance and access in perpetuity. He used some examples; a golf course, which would not be considered parkland, but if a homeowners' association had control over some parkland which had a playground, that cannot function as just a resident -only park. If you had garden plots that were just for residents, that wouldn't be considered as part of the common parkland for the neighborhood but if anyone could have a plot, then it could be. He added that even if the parkland was privately owned, it would still have to abide by all the regulations and park siting conditions and couldn't just be tucked away in a corner. It would still have to have the street frontage, groomed and maintained areas and so forth. Ms. Hunter asked what the advantage to private ownership would be. Mr. Tasman said this is something that would be negotiated when developing the regulating plan and it could depend on the Town Board and whether they want to take on more parkland that they would ultimately have to maintain where privately owned would be the responsibility and cost of the owner while still getting the benefits of having it be accessible to the public. TB 2020-06-22 Pg. 3 Ms. Hunter asked a number of questions regarding details and protections for parkland and what the Town could require and Mr. Tasman responded that those are the types of things that would be discussed, developed and negotiated during the charrette process and drafting of a regulating plan. He added that the different aspects of private ownership versus municipal ownership have come up throughout the development of the NNC because of the costs associated with things such as added infrastructure, parks, paths, sidewalks, alleyways and roads etc., and it would depend on the Town Board at the time what they were willing to do. Mr. Howe asked what is next and is it envisioned to have this in place by the end of this calendar year? Ms. Ritter responded that Mr. Tasman is finishing up final edits and having conversations with Engineering regarding road standards and SEQR is being drafted for review by counsel. She added that there may be additional local laws needed throughout the Town Code to reference the NNC. Ms. Ritter said she hopes to have a final draft ready to begin the adoption process by September. 2. Consider approval of the issuance of Public Improvement Refunding (Serial) Bonds and related matters Ms. Shaw stated that our Fiscal Advisor reached out last week letting us know there is potential for substantial savings of approximately $160k over the next 10 years by refunding the 2009 & 2011 bond issues. There were no questions on the action. TB Resolution 2020 - 092: REFUNDING BOND RESOLUTION — Public Improvement Refunding (Serial) Bonds and providing for other matters in relation thereto At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, in Ithaca, New York, in said Town, on the 22nd day of June, 2020, at 4:30 o'clock P.M., Prevailing Time. The meeting was called to order by Rod Howe, Supervisor, and upon roll being called, the following were Present: Rod Howe, Supervisor; Members Tee -Ann Hunter, Pat Leary, Pamela Bleiwas, Rich DePaolo, Eric Levine and Bill Goodman The following resolution was offered by Eric Levine, who moved its adoption, seconded by Pat Leary, to -wit: REFUNDING BOND RESOLUTION DATED JUNE 22, 2020. A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.00 AND/OR SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO BE DESIGNATED TB 2020-06-22 Pg. 4 SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY. WHEREAS, the Town of Ithaca, Tompkins County, New York (hereinafter, the "Town") heretofore issued an aggregate $1,125,000 Public Improvement (Serial) Bonds, 2009, pursuant to certain bond resolutions dated June 27, 2007 to pay the cost of improvements to the Town of Ithaca water distribution system, such Public Improvement (Serial) Bonds, 2009, being dated October 1, 2009 and maturing or matured on October 1 annually (the "2009 Bonds"); and WHEREAS, the Town heretofore issued an aggregate principal amount of $2,650,000 Public Improvement (Serial) Bonds, 2011, pursuant to certain bond resolutions dated June 13, 2011 to pay the cost of various Town purposes, such Public Improvement (Serial) Bonds, 2011, being dated September 1, 2011 and maturing or matured on September 1 annually (the "2011 Bonds"); and WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the $430,000 outstanding principal balance of the 2009 Bonds maturing in 2020 and thereafter (the "2009 Refunded Bonds"), and the $1,365,000 outstanding principal balance of the 2011 Bonds maturing in 2021 and thereafter (the "2011 Refunded Bonds", together with the 2009 Refunded Bonds, the "Refunded Bonds"), each by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, each of such refundings will individually result in present value savings in debt service as so required by Section 90.10 of the Local Finance Law; now, therefore, be it RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of refunding the outstanding aggregate $1,795,000 principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $2,000,000 refunding bonds of the Town pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "Public Improvement Refunding Bonds" or TB 2020-06-22 Pg. 5 the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $1,610,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding bond issues. The Public Improvement Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING SERIAL BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-20 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds maybe subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book - Entry -Only system or the Town shall terminate its participation in such Book -Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Town Clerk as Fiscal Agent as hereinafter provided). TB 2020-06-22 Pg. 6 In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non -certificated form; provided, however, that the Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non -certificated form. The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the Local Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as applicable, and 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. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from TB 2020-06-22 Pg. 7 registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the respective Refunded Bonds, for the objects or purposes for which such respective Refunded Bonds were issued is as described in Exhibit A attached hereto and hereby made a part hereof, (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said respective Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law or subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as applicable; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to each of the respective series of Refunded Bonds, is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the aggregate of the refundings authorized by this resolution (collectively, the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refundings, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and hereby made a part hereof. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of $1,610,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Exhibit B. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only one or more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Supervisor is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be TB 2020-06-22 Pg. 8 sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law, as applicable. The Supervisor shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. T h e Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said President shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, TB 2020-06-22 Pg. 9 as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem each respective series of Refunded Bonds which the Supervisor shall determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Refunded Bonds. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to Robert W. Baird & Co., Inc. (the "Underwriter"), plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the State Comptroller to the extent required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Supervisor, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the Underwriter in accordance with said purchase contract or winning purchaser upon the receipt by the Town of said purchase price, including accrued interest. Section 11. The Supervisor and all other officers, employee's and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. The Supervisor shall be further authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said officer shall determine necessary, in consultation with bond counsel to the Town. Section 13. The validity of the Refunding Bonds may be contested only if: 1. Such obligations are authorized for an objector purpose for which said Town is not authorized to expend money, or TB 2020-06-22 Pg. 10 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 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspapers of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing resolution was duly put to a vote which resulted as follows: Rod Howe, aye; Bill Goodman, aye; Eric Levine, aye; Rich DePaolo, aye; Tee -Ann Hunter, aye; Pat Leary, aye; and Pamela Bleiwas, aye. The resolution was thereupon declared duly adopted. 3. Committee Reports P&O — Ms. Bleiwas reported that they discussed the Post Office lease which is close to being completed. The Town will pay for parking in the City garage but will also be slowing increasing the rental rate to offset that. Began discussions on a draft "Working from Home" policy and the County Emergency Management Policy which we recommended back to the Management Team for comments before delving to deeply into it. The Deferred Compensation Audit was accepted and will move on to the State. Approved a tentative wage scale increase for non -collective bargaining staff to stay equal to collective bargaining staff at 2.75%. Budget impacts from COVID 19 are still unknown, but that will be the working figure. COC — Mr. Goodman reported that they finished a review of the changes to Chapter 125 and determined that a review of Chapter 129 goes hand-in-hand with it so that has begun. Telecommunications review continues and the consensus is to wait on the outcome of the public forum being co-sponsored by the Town and City regarding 5G. He added that the 91h Circuit Federal Court of Appeals has heard arguments on challenges to the FCC's regulations because they are restrictive on what municipalities are allowed to do in response to these installations and a number of municipalities have sued the FCC in an attempt to gain more power to regulate wireless technologies. This discussion will continue at the next meeting and the meeting after the Forum mentioned earlier. Planning — Mr. DePaolo reported that they continued to discuss establishing a Historic Preservation Board with the City and looked at some town properties that might fit the criteria to get a better sense of the purpose and implementation of such a Board. Also discussed changes to the Accessory Dwelling Unit definitions and requirements regarding setbacks and what defines "attached" as there have been some instances of "attached" being a simple breezeway which allows a significantly smaller setback from neighboring property lines. TB 2020-06-22 Pg. 11 Public Works — Ms. Hunter reported that they discussed the sewer billing issue with Cornell buildings where they have been reading their own meters and deducting a percentage off for certain usages of water. Mr. Slater is working with them and informed them that it cannot continue, and he is working with counsel on a letter and how far back to charge for these reduced payments. Discussed status reports on projects; moving ahead with Forest Home Walkway estimates; fleet replacement schedule and reopening parks. A resident complaint regarding parking on Towerview Rd was discussed and the history and previous discussions and options were discussed. Mr. Howe was asked to reply to the resident to request a petition from a minimum of 50% of the residents on the road to move forward to any action(s). Budget — Mr. Levine reported that they discussed the sales tax collection report which was down about $43K for the first 4 months of 2020 which is about 4% down from 2019; reviewed Certificate of Deposit(s) revenue and noted that rates are going down again so that revenue stream will be less moving forward; moved forward the Tax Cap Override local law to allow flexibility as we have in the past. Ad Hoc Committees — Short Term Rental (STR) - Mr. Goodman reported that they heard from Nick Helmholdt, County Planning and Tourism Program Director who has been working on the County's efforts to contract with a private company that does analysis that would help municipalities with enforcement. The County issued an RFP and received two responses. The intent is to develop this as a shared service that municipalities could join. If the Town would like to piggy -back onto that for additional information, we will need to discuss which of the services provided we might want to add for ourselves at what costs and present that to the Board. Spending most of the time discussing enforcement of the draft we have and hopefully will be able to bring something to the full Board in the next few months. The Green New Deal — Mr. Howe reported that they are now meeting once a month and talking about how to create a Green New Deal action plan. Bicentennial committee — Mr. Howe reported that they met recently and are supporting 4 projects: the photography/video project has begun; working with The History Center and town historian to put up displays in the lobby; ideas for the Ithaca Festival and a reenactment of the first meeting of the Town in costume. TB 2020-06-22 Pg. 12 Parks, Trails, Preserves, and Recreation — Mr. Howe reported that they have begun meeting and off to a good start. Economic Development — Meeting in July at the Inlet Valley to explore where a potential laneway may go, so that work continues. 4. Consent Agenda TB Resolution 2020 - 093: 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 Minutes b. Approval of Town of Ithaca Abstract Moved: Eric Levine Seconded: Tee -Ann Hunter Vote: ayes — Levine, Leary, Hunter, Howe, Goodman, Bleiwas and DePaolo TB Resolution 2020 - 093a: Approval of Minutes Resolved, that the Town Board hereby approves the draft minutes of June 8, 2020 with non - substantial corrections suggested and approved by the Board. TB Resolution 2020 -093b: Town of Ithaca Abstract No. 12 for FY -2020 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. 620-675 General Fund Town Wide 31,327.24 General Fund Part -Town 1,220.17 Highway Fund Town Wide DA 902.68 Highway Fund Part Town DB 127,968.32 Water Fund 344,801.61 Sewer Fund 57,965.72 State Route 96b Sidewalk — H7 9,975.69 PWF Renovations Project — H22 6,969.78 Risk Retention Fund 61.58 TB 2020-06-22 Pg. 13 Fire Protection Fund 280,000.00 Forest Home Lighting District 36.93 Glenside Lighting District 11.03 Renwick Heights Lighting District 18.44 Eastwood Commons Lighting District 25.81 Clover Lane Lighting District 3.42 Winner's Circle Lighting District 5.13 Burleigh Drive Lighting District 12.03 West Haven Road Lighting District 47.72 Coddin ton Road Lighting District 27.76 TOTAL 861,381.06 Added item — Resolution of Appreciation — John Shepardson Ms. Drake reported that Mr. Shepardson has decided to retire and she read a draft resolution which will be tweaked a bit then presented. TB Resolution 2020 - 094: Recognition of John Sheyardson's Dedicated Years of Service to the Community Whereas, John Shepardson Jr., started his career as highway Laborer on April 8, 1996 and served our community continuously since; and Whereas, John was promoted to different levels thorough out his career, last serving as a Working Supervisor for the past 11 years, in which he efficiently managed work crews; and Whereas, as a responsible and highly dedicated snowplow driver, John was always available for emergencies and often working many hours of overtime needed to provide safe roadways; and Whereas, John thoroughly knew the operations of the Town including the abilities of the equipment, tools, and techniques to accomplish a job and how to get the most from the staff he was assigned; and Whereas, John could be given any major or minor project with or without plans and he would use the Town's resources to make something he could be proud of, such as reconstruction of Sand Bank Road and Chase Lane; and Whereas, the Town of Ithaca has greatly benefited from John's devotion, expertise, and his desire to serve our community to make it a better place to live; and Whereas, after twenty-four (24) years of dedicated service, John has chosen to retire from the Town of Ithaca, effective June 27, 2020; now, therefore, be it TB 2020-06-22 Pg. 14 Resolved, that this 22nd day of June 2020, the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation, admiration, and gratitude to John Shepardson Jr. for his distinguished and dedicated service to our community. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: DePaolo, Hunter, Leary, Levine, Howe, Goodman and Bleiwas 5. Review of Correspondence Mr. DePaolo asked about any progress on the gun range off Coddington Rd. He added that activities heat up in the Fall and he would like to again bring the issue up. He would like to know what our municipal authority may or may not be related to activities on a parcel owned by another municipality within our jurisdiction. He wanted to know how the Board felt about bringing counsel in on the topic. Mr. Howe said he and Mr. Goodman spoke with the Mayor and his Executive Assistant back in December. Mr. Goodman said he thought the Assistant talked to the Chief of Police and we got an email back and maybe the Chief was going to do additional research on other units that are using it, but he wasn't positive about that. Mr. Howe said he would circle back to the City about it. Mr. DePaolo said it is a pretty objectionable use that many people dislike and maybe counsel could answer if it could be a simple thing to enforce our zoning on land in the Town owned by another municipality. 6. Adjourn .otion by Mr. Levine, seconded by Ms. Hunter; unanimous. TB 2020-06-22 Pg. 15