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HomeMy WebLinkAboutTB Minutes 2024-10-21MEETING OF THE ITHACA TOWN BOARD
October 21, 2024, 4:30 p.m.
215 N Tioga St.
AGENDA
ZOOM LINK YOUTUBE LINK
1. Common Council Update – Clyde Lederman
2. Tompkins County Update – Code Blue – Shawna Black
3. Stormwater Study Presentation – B&L
4. Consider approval of purchase offer and associated survey – Pokorney property
5. Consider approval of contract for Laserfische / Canon
6. Consider approval of a Fee Reduction Request - Kelly
7. Committee Reports
a. Budget
i. Continuing discussion on Preliminary Budget
b. Codes & Ordinances
c. Personnel and Organization
d. Planning
e. Public Works
f. Other
8. Consent Agenda
a. Town of Ithaca Abstract
b. Approval of Town Board Minutes
c. Appointment of an Engineering Tech - Clapp
d. Approval of Holiday List
TB 2024-10-21 (Filed 11/1) Pg. 1
MEETING OF THE ITHACA TOWN BOARD
October 21, 2024, 4:30 p.m.
Minutes
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Susie
Gutenberger, Pamela Bleiwas, Rob Rosen and Margaret Johnson
Present: Judy Drake, Marty Moseley, CJ Randall, Paulette Rosa, Joe Slater, Chris Herbert, and
David O’Shea
Mr. Howe opened the meeting at 4:30 p.m.
1. Common Council Update – Clyde Lederman and Pierre Saint-Perez
Mr. Lederman Clyde reported that they passed legislation to allow ministerial granting of certain
variances to streamline the process for minimum requests. For example, an area variance of
under 5% is reviewed by staff/mangers and determined at that level. The Council is kept in the
loop, but it clears up time on the Planning Review Board.
Passed the “No Cause Eviction Law’ which will take effect in August and apply to apartments
buildings built before 2008 and they are taking a wait and see stance on further legislation.
Passed their own Short Term Rental Law, modeled after the Town’s law, and found about 400
units that are non-compliant and will have to become compliant or change their rental format.
Approved the Justice 50 framework where 50% of our capital spending needs to go to climate
justice communities.
Mr. Saint-Perez reported that they continue to work on the 2025 budget and with the Town on
the fire protection and Ithaca Area Wastewater Treatment Facility budget. There is another
budget meeting this week and the public hearing is set for November 6th with contingency
meetings scheduled in case they are needed.
Working on accessory dwelling unit legislation to encourage more of them and looking at
revised zoning for the Southside neighborhood and a cohesive downtown plan.
Mr. Rosen asked more about the granting of variances by management, saying wouldn’t that
encourage people to just take the 5% and then come back for another and another.
Mr. Lederman responded they use an extensive checklist to review the request and that they
could deny the variances and the Council representatives in the area proposed are given an
opportunity to comment.
2. Tompkins County Update – Code Blue – Shawna Black
TB 2024-10-21 (Filed 11/1) Pg. 2
Ms. Black began by saying there has been a lot of public outreach about this project and there
was an article in today’s Ithaca Times about St. John’s Shelter shutting down. The County is
required to provide shelter when the temperature drops below a certain degree.
The County has struggled with providing shelters for a long time and sent out a 3-pronged
Request for Proposals to provide housing for individuals, families and then the Code Blue
shelter. We only received one back.
The County has purchased the Wiggins/Key Bank properties and that is being renovated for
Code Blue sheltering. There will be privacy screens on the outfacing windows and outdoor
storage of belongings that are not permitted inside the building as well as a trailer connected to
the building with toilet facilities.
We are looking for permanent shelter properties and working with local non-profits for staffing
and assistance in running it, and we are looking to hire 10 full-time positions for the shelter.
Ms. Black said they are aware of and recognize there are concerns from neighbors and business
owners in the area and they will be working with the Sheriff’s department and the ratio of staff to
people using the shelter will be key. There will be security cameras around the entire building.
The building will be used approximately the first week of November through April and the intent
is to build a permanent shelter in the future elsewhere.
Ms. Black said people should direct any questions to her.
3. Stormwater Study Presentation – B&L (Attachment 1)
Roxy Johnston, City of Ithaca and Rebeca Minas, and Grace DeSantis, Barton & Loguidice
Please refer to the presentation slides and the submitted report.
Ms. Randall gave an introduction, saying that NYS DEC created a program called the Drinking
Water Source Protection Program (DWSP2) as a pilot program to develop watershed protection
plans with the hope that local input knows best. The City of Ithaca, Bolton Point and Cornell
have programs underway in Tompkins County.
The presentation was focused on the Six-Mile Creek Watershed, which is the City’s water supply
but is located largely in the Town of Ithaca.
Comments/Questions
Mr. Howe commented that the Town is doing many of the suggested protective and mitigation
strategies.
Mr. DePaolo added that the City continues to build and build and asked what the City is doing to
protect its own watershed or is it simply a question of land use along the Six Mile Creek.
TB 2024-10-21 (Filed 11/1) Pg. 3
Ms. Johnston responded that this program will help set the stage for protective actions and the
City is starting to set aside funds to address watershed protection and many of the efforts will be
collaborative with neighboring municipalities and those funds can help in those efforts.
Mr. DePaolo asked about the methodology of the study, saying that the Six Mile Creek corridor
doesn’t have a lot of sewer and therefore there will be limited densification there, and whether
that was taken into consideration for these results.
Ms. Johnston responded that this is the first step and zoning restrictions, and sewer availability
will impact buildout I the City and Town, but Danby will be able to use this report and comment
on the mitigation strategies as they build out.
She said there are climate resiliency recommendations the Town might be interested in or
interested in working with another community to move forward, but it is understood that some
things will not fit for the Town and that some things are already being done by the Town.
4. Consider approval of purchase offer and associated survey – Pokorney property
Mr. Smith gave an overview and noted that this has been discussed here a couple of times and at
the /Planning and Budget Committee level. He noted that this had been done in parallel with the
Holmes property but that one is moving smaller and so we have separated them.
The next step is to do this survey to inform a purchase offer and then there would be an easement
drafted with a public hearing and permissive referendum process to execute the purchase of the
easement.
Mr. Smith added that he did walk the property last week and took a lot of pictures and started the
baseline documentation for the project.
TB Resolution 2024 – 108; Authorization to proceed with contracting for survey services
and authorization to proceed with purchase contract for potential purchase of agricultural
conservation easement on Tax Parcel No. 24.-1-34.2 (Pokorney)
Whereas, the owner of Town of Ithaca Tax Parcel No. 24.-1-34.2 (Denise C. Scott-Pokorney /
282 Hayts Road) has expressed interest in the potential sale of the development rights to her
property through the purchase of an agricultural conservation easement by the Town of Ithaca;
and
Whereas, on March 16, 2023, the Town’s Planning Committee reviewed the application and
property details and recommended that an appraisal be completed for the property, which was
authorized by the Town Board on April 10, 2023; and
Whereas, an appraisal was completed in January 2024 with the easement value determined to be
$127,000; and
TB 2024-10-21 (Filed 11/1) Pg. 4
Whereas, the Planning Committee (04/18/2024 mtg) and the landowner concur with the
appraised easement value, and the landowner has offered to donate ¼ of the value ($31,750),
reducing the cost of the easement to the Town to $95,250; and
Whereas, the Planning Department has received a proposal from T.G. Miller, P.C. to perform a
boundary survey and conservation easement mapping, with a total cost of $5,750; and
Whereas, a Purchase of Development Rights Agreement and Sales Contract has been prepared to
outline the process, costs, and responsibilities for this conservation easement project; now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute
the “Purchase of Development Rights Agreement and Sales Contract” with C. Denise Scott-
Pokorney regarding the potential purchase of an agricultural conservation easement at 282 Hayts
Road (Tax Parcel No. 24.-1-34.2), and be it further
Resolved, that the Town Board of the Town of Ithaca authorizes the hiring of T.G. Miller, P.C.
to perform a boundary survey and conservation easement mapping for Tax Parcel No. 24.-1-
34.2, at a cost not to exceed $5,750.
Moved: Rich DePaolo Seconded: Margaret Johnson
Vote: ayes -- Howe, DePaolo, Bleiwas, Rosen and Johnson
5. Consider approval of contract for Laserfische / Cannon
Mr. Howe noted that this has gone through a number of committees and was brought to the
Town Board for approval to move forward with negotiating the contract.
TB Resolution 2024 - 109: Approval and authorization to execute a contract with Canon
Solutions America for Laserfische Software
Whereas the Management Group, the Personnel and Organizational Committee and the Budget
Committee have reviewed and recommended the Town invest in bringing the Laserfische in-
house to increase utilization of the processes and programs it offers and to increase efficiency
and transparency, and
Whereas the Director of Information Technology has interviewed two providers and
recommended Canon Solutions America as the preferred, most responsive and responsible bidder
for supply such implementation and support services for Laserfische, and
Whereas the Attorney for the Town has reviewed the proposal, now therefore be it
Resolved that the Town Board approves and authorizes the Town Supervisor to execute an
agreement with Canon Solutions America for initial implementation, installation and
configuration support at a cost not to exceed $20,000 and an annual license(s) and basic support
TB 2024-10-21 (Filed 11/1) Pg. 5
services at a cost not to exceed $20,000 annually, for a term ending five (5) years after execution
of the agreement.
Moved: Pamela Bleiwas Seconded: Rod Howe
Vote: ayes – Howe, DePaolo, Bleiwas, Rosen and Johnson
6. Consider approval of a Fee Reduction Request - Kelly
TB Resolution 2024 -110: Approval of a Fee Reduction Request – M Kelly
Whereas the Town received a request for a reduction in fee for a roofing building permit, and
Whereas the Review Committee reviewed the request and recommends reducing the fee to $50,
now, therefore be it
Resolved that the Town Board grants the Fee Reduction Request based upon the information
provided in the request form and upon the recommendation of the Review Committee and sets
the fee for BLD-24-194 at $50.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes – Howe, DePaolo, Bleiwas, Rosen and Johnson
7. Committee Reports
a. Budget - Continuing discussion on the Preliminary Budget – Mr. Howe summarized the
memo, saying that the outcome hasn’t changed as far as budget impact, but amounts and
fund lines have been changed to meet the IAWWTF and IFD budget impacts. We are
still on track to have the public hearing on November 4th.
b. Codes & Ordinances – Draft changes to the subdivision chapter continue.
c. Personnel and Organization – Started Union negotiations. Reviewed some policies to
begin thinking about changes – Bereavement, Longevity, Vacation benefit to be able to
use after 4 months, and Retiree Health Benefits.
d. Planning – No meeting scheduled as we are waiting on Conifer and Maplewood 2.
e. Public Works – No Report
f. Other – TCAC – A 2-year contract is proposed for approval at the January meeting. The
municipal Clerks met for the first time last week and will meet annually with TCAC to
review any changes to suggest to the respective Town Boards. There were a few board
members from other municipalities that were relatively new, and the history and efficacy
of dog enumerations was discussed.
8. Consent Agenda
TB 2024-10-21 (Filed 11/1) Pg. 6
TB Resolution 2024 - 111: Consent Agenda
Resolved that the Town Board adopts the following consent items:
a. Town of Ithaca Abstract
b. Approval of Town Board Minutes
c. Appointment of an Engineering Tech - Clapp
d. Approval of Holiday List
e. Approval of Interim Finance Officer – Shaw
Moved: Margaret Johnson Seconded: Pamela Bleiwas
Vote: ayes – Howe, DePaolo, Bleiwas, Rosen and Johnson
TB Resolution 2024 - 111b: Town of Ithaca Abstract No. 20 for FY-2024
Resolved that the Town Board authorizes the payment of the audited vouchers in total for the
amounts indicated:
VOUCHER NOS. 956 – 1003
General Fund Town Wide 25,878.13
General Fund Part-Town 10,118.37
Highway Fund Town Wide DA 658.62
Highway Fund Part Town DB 245,070.33
Water Fund 16,872.98
Sewer Fund 2,350.04
Trust and Agency 30,520.02
TOTAL 331,468.49
TB Resolution 2024 - 111c: Acceptance of Floating Holidays for 2025.
Whereas, there is an annual poll conducted of all Town Hall, Public Works Facility, SCLIWC
and GTCMHIC employees to determine their preference for next year’s floating holiday for each
location; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby accept the Floating Holiday for
2025 for Town Hall staff as Friday, December 26, 2025, as requested by a majority vote of the
employees of Town Hall; and be it further
Resolved, the Town Board does hereby accept the Floating Holiday for 2025 for Public Works
Facility staff as Monday, July 7, 2025, as requested by a majority vote of the employees that
work at the Public Works Facility; and be it further
TB 2024-10-21 (Filed 11/1) Pg. 7
Resolved, the Town Board does hereby accept the Floating Holiday for 2025 for SCLIWC staff
as Monday, July 7, 2025, as requested by a majority vote of the employees that work for
SCLIWC; and be it further
Resolved, the Town Board does hereby accept the Floating Holiday for 2025 for GTCMHIC
staff as Friday, December 26, 2025, as requested by a majority vote of the employees that work
for GTCMHIC.
TB Resolution 2024 – 111d: Approve Provisional Appointment of Engineering Technician I
- Clapp
Whereas there is a vacancy in the Engineering Technician I position in the Engineering
Department; and
Whereas the Interview Committee interviewed five candidates from an open recruitment for the
position; and
Whereas the Committee has determined that Madison Clapp possess the necessary knowledge and
skills to satisfactorily perform the duties of the position; and
Whereas Dave O’Shea, Director of Engineering, appointed Madison Clapp as Engineering
Technician I, effective November 4, 2024; now, therefore be it
Resolved the Town Board of the Town of Ithaca does hereby approve the provisional appointment
of Madison Clapp as Engineering Technician I for the Engineering Department, effective
November 4, 2024; and be it further
Resolved the position is at 40 hours per week, at the hourly wage of $31.38, which is an estimated
annual salary of $65,270 from F8340.101, in Job Classification “IV”, with full time benefits; and
be it further
Resolved, the said appointment is a provisional appointment pending the results from the next
civil service exam for this position.
TB Resolution 2024 – 111e: Approve Appointment Interim-Finance Officer -Shaw
Whereas there is a vacancy in the position of Finance Officer; and
Whereas the Town Supervisor recommends appointing Donna Shaw, retired Finance Officer, as
the Interim Finance Officer on a part time per diem basis until the position is filled; now, be it
Resolved the Town Board of the Town of Ithaca does hereby approve the appointment of Donna
Shaw as the Interim Finance Officer, effective October 19, 2024; and be it further
Resolved the position is a part time per diem position at the average of 20 hours per week at the
hourly wage of $47.76, with no benefits applied.
City of Ithaca Build Out Analysis
TOWN OF ITHACA PRESENTATION | OCTOBER 21, 2024
▪The City of Ithaca’s DWSP2
▪The Build-Out Analysis
•Project Selection & Funding
•Methodology & Findings
•Recommendations
▪Next Steps
▪Q&A
Agenda
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
The City of Ithaca’s DWSP2
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
▪Safe Drinking Water Act (1996)
•required state to evaluate source water
•SWAP reports by the NYSDOH
•“Top down” statewide assessment of public water supplies did not lead to local protection
▪DWSP2 Framework (2017)
•“Bottom up” voluntary program with focus on local stakeholders
•State funding for Technical Advisor to develop Plan
•City of Ithaca awarded funds in 1st round
Drinking Water Source Protection Program (DWSP2)
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
A. Source Water Area Map
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
CITY OF ITHACA TOWN OF DRYDEN
TOWN OF CAROLINETOWN OF DANBY
TOWN OF ITHACA
B. Stakeholder Group
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
City of Ithaca (City Council, Planning, Water Treatment Plant, Department of Public Works)Tompkins County Department of HealthTown of IthacaFinger Lakes Land TrustTompkins County Soil and Water Conservation DistrictTown of DrydenAgricultural RepresentativesTompkins County Planning
•City of Ithaca DWSP2:
C. Vision and Goals
Goal #1 Protect public health
Goal #2 Address existing water quality issues, including taste
Goal #3 Evaluate current land use and prepare for future land use
Goal #4 Create long-lasting partnerships
Goal #5 Early detection and rapid response to invasive species
Goal #6 Avoid treatment costs or the need to find a new supply
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
"In collaboration with neighboring municipalities and our broad range of community stakeholders, the City of Ithaca commits to implementing effective measures for protection and management of the Six Mile Creek watershed along with proactive measures for maintenance and surveillance of the drinking water reservoir. These collective actions are intended to maintain in City's public water supply as a reliable and cost-effective source of excellent quality potable water that meets the highest public health standards"
Vision
City of Ithaca
D. Inventory Contaminant Sources
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
E. Complete Mapping (e.g., Land Use)
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
F. Protection Strategies
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
G. Implementation Timeline (cont.)
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Implementation Project: Build-out Analysis (awarded NY Sea Grant)
▪Adopted November 2022
▪Next steps = Implementation projects
H. Final Plan
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
The Build-Out Analysis
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Methodology & Findings
Chapters:
1.Introduction
2.Literature Review
3.Model Build
4.Assess Existing Zoning
5.Define Study Area
6.Establish Future Land Use Scenarios
7.Model Findings (Pollutant Loads)
8.Recommendations
9.Conclusions and Next Steps
Stormwater Build-out Analysis
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Danby Ithaca Dryden Caroline
Land-use planning method to:
1.forecast future development density within a study area; and 2.assess impact on pollutant load to the source water area
Build-out Analysis Study
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Town of Caroline 100% Build-Out Scenario
Study Goals and Objectives
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
1.Grow an understanding of the relationship between land use types and pollutant loading
2.Identify areas along the Route 79 and Coddington Road corridors where development impact could occur in the future
3.Explore the impacts that various development scenarios could have on pollutant loading
4.Recommend land use planning tools that would deter development with high pollutant loading potential, while inviting more sustainable development opportunities
5.Provide community leaders across several municipalities with a decision support tool for water-conscious land use planning
Define Study Area and Existing Conditions
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Land Use
Up
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i
k
e
R
d
E King Rd
Define Study Area and Existing Conditions
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
EnvironmentalConditions
Up
d
i
k
e
R
d
E King Rd
Assess Zoning to Forecast Maximum Development Potential
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Zoning
Assess Zoning to Forecast Maximum Development Potential
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Assess Zoning to Forecast Maximum Development Potential
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Comprehensive Plan Future Land Use Map
The Build-Out Analysis
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Recommendations
▪Districts and land use
▪Subdivisions
▪Stormwater management
▪Erosion control
▪Site design
▪Solar energy systems
Code Review
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Tompkins County GIS
Recommendations
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Focus Area Danby Ithaca Dryden Caroline
Clustered/Conservation Subdivisions
Riparian Buffer Regulations
Solar Energy System Regulations
Comprehensive Plan Update
Steep Slopes Regulations
Critical Source Water Area Overlay District
Unique Natural Areas (UNAs) Overlay District
Use Schedule
Impervious Surface Regulations
I.Existing
I.Zoning Law points to the Comprehensive Plan as a reference for land use decision-making (e.g. site plan review)
II.Comprehensive Plan states that “certain Waters of the State are protected by the DEC due to their importance as drinking water supplies” and “any proposed activity that would result in disturbance to the bed or bank of a protected stream requires a permit from the DEC”
II.Recommendation
I.Consider, in the next updated, mapping the City of Ithaca’s source water area and including strategies that aim to protect it
Comprehensive Plan
Solar Overlay District
I.Existing
I.Two parcels in the study area are in the Solar Overlay District
II.Generally excludes wooded areas, but not areas in proximity to waterways
II.Recommendation
I.Update to support water quality-conscious site planning per Model Local Solar Law
I.Existing
I.Town Code §270-189: “No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas.”
II.Recommendation
I.Utilize a UNA Overlay District or Environmental Protection Overlay District (that includes UNAs) to provide for a higher level of specificity regarding permitted uses, maximum amounts of impervious surface, and soil disturbance limits
UNA Overlay District
I.Existing
I.Setback distances (which place restrictions on land uses and land development activities) are tiered based on stream drainage area
II.Recommendation
I.Apply the largest setback distance to all stream segments located within the critical and/or source water area
Stream Setback Regulations
I.Existing
I.The Code discourages development on steep slopes in a few ways, such as:
I.Certain development activities require a simple erosion and sedimentation control plan
II.Site plan review must consider the effect of the development on steep slopes
II.Recommendations
I.Establish a steep slopes law or overlay protection district that regulates certain activities (excavation, stormwaterdischarge, etc.)
II.Reference NYS Department of State’s model local law for steep slopes
Steep Slopes Law/Overlay District
I.Existing: Rules and Regulations for Clustered Subdivisions (Article V §234-31)
I.Permits the application of clustered subdivision standards in almost all zoning districts
II.A parcel >10,000 sf in area must be preserved as open space (otherwise no more than 10% of the gross area of the subdivision must be preserved)
III.“location of structures and other improvements must place the highest priority on the preservation of environmentally sensitive areas and agricultural uses”
II.Recommendation
I.Define “environmentally sensitive areas”
II.Require >10% of the gross area of the subdivision to be preserved in the source water area
Clustered Subdivisions
American Society of Planning Officials, Information Report No. 135, June 1960
I.Recommended
I.Establish a Critical Source Water Overlay District that:
I.Limits the density of development
II.Prohibits uses that have high pollution potential (e.g. gas stations, bulk storage, mining)
III.Incorporates previously stated recommendations
Critical Source Water Overlay District
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF CAROLINE
Next Steps
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
▪Opportunities exist to integrate drinking water source protection into regulations and/or site plan review
▪Regulations for the protection of the drinking water source area can provide co-benefits (e.g. tree cover, flood mitigation)
Key Findings
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA
Q&A
CITY OF ITHACA BUILD-OUT ANALYSIS | TOWN OF ITHACA