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HomeMy WebLinkAboutTB Packet 2018-03-12 MEETING OF THE ITHACA TOWN BOARD Monday,March 12,2018 AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Consider approval of a Bond Resolution for the Ellis Hollow Water Tank and Water Main Project subject to permissive referendum 4. Consider authorization for the Supervisor to execute easement(s) associated with the Ellis Hollow Water Tank and Water Main Project between Cornell and the Town 5. Consider award of contract for the Ellis Hollow Water Tank and Water Main project 6. Consider adoption of a Public Interest Order in the matter of a proposed—E State Street/MLK Sanitary Sewer Upgrade Sewer Improvement and Sewer Improvement Area 7. Consider setting a public hearing regarding a proposed local law "Amending the criteria for Special Permits and Special Approvals in Chapter 270, Zoning, of the Town of Ithaca Code" 8. Consider approval of a budget amendment for payment of the King Rd Park preliminary drawings 9. Consider increasing the hours for the Codes Administrative Assistant 1 position 10. Consider a Resolution of Appreciation for Gene Redman 11. Consider official acknowledgement of Six Mile Creek naming 12. Consider authorization for the Supervisor to sign a contract associated with the preconstruction phase of the Route 96B/Danby Rd Sidewalk Project(PIN 3950.62) 13. Consider a resolution in support of asking Spectrum to keep PBS local channel WSKG 14. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify provisional appointment of Distribution Operator—BP e. Ratify provisional appointment of Water Treatment Operator—BP f. Appointment of Conservation Board Associate Member—Simon 15. Report of Town Officials, Committees and review of Correspondence 16. Consider executive session to discuss ongoing litigation—Time Warner Cable/Spectrum 17. Consider adjournment ry ...�.7 MEETING OF THE ITHACA TOWN BOARD Monday, March 1.2, 2018 TB RESOLUTION 2018- : BOND RESOLUTION-In the Matter of the Proposed Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area Improvements, in 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 the Town Hall,215 North Tioga Street, in Ithaca,New York, in said Town, on the 12th day of March, 2018, 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 Pamela Bleiwas Councilperson Rich DePaolo Councilperson Rod Howe Councilperson Tee-Ann Hunter Councilperson Patricia Leary Councilperson Eric Levine ABSENT: None Moved by seconded by A RESOLUTION AUTHORIZING THE ISSUANCE OF$2,750,000 SERIAL BONDS OF THE TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA ELLIS HOLLOW ROAD WATER MAIN AND TANK INSTALLATION WATER IMPROVEMENT AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. WHEREAS,pursuant to the proceedings heretofore drily had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated August 7, 2017, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area(the "Area") and to make certain improvements therefore at a maximum estimated cost of$2,750,000; and WHEREAS,said improvements have been determined to be 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, which it has been determined will not result in any significant adverse environmental effects; and 1 r n WHEREAS,the office of the State Comptroller has given permission to establish said Area by Order dated February 26, 2018; and WHEREAS, it is now desired to provide funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County,New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area consisting of the installation of approximately 4,000 LF of 12" and 10" water main,beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, a glass lined Water storage tank,of approximately 600,000 gallons, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection and the modification/reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,750,000 there are hereby authorized to be issued$2,750,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $2,750,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years,pursuant to subdivision 1 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 to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area 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 said bonds as the same become due,but if not paid from such source,all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. 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 serial bonds herein authorized,including renewals of such notes,is hereby delegated to the Supervisor,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. 2 II T Section 6. The powers and duties of advertising such bonds for sale,conducting the sale and awarding the bonds,are hereby delegated to the Supervisor,who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers,he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 7. All other matters,except as provided herein relating to such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date,denominations,maturities and interest payment dates,place or places of payment,and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial 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. 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 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application,a project financing and/or loan agreement,and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof,in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof,or a portion thereof,by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms,form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements,instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if- 3 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 12. 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 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper,together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The resolution was thereupon declared duly adopted. 4 MEETING OF THE ITHACA TOWN BOARD Monday, March 12, 2018 TB Resolution No. 2018- Authorization to Award Contract for Construction of the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Proiect Whereas on March 7, 2018, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement (the "Improvement"),for the installation of approximately 4,000 LF of 12" and 10" water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, a glass lined Water storage tank, of approximately 600,000 gallons, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection and the modification/ reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, and Whereas the Director of Public Works has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of $1,789,890.00 for the total project was made by the lowest responsible bidder, R. B. Robinson Contracting, Inc., P.O. Box 121, 53.5 Ithaca Road, Candor, NY 13743, and Whereas at the August 7, 2017 Town Board meeting, the Town Board adopted a Public Interest Order (TB Resolution 2017-090) authorizing the maximum amount of$2,750,000 to be expended by the Town of Ithaca for this Improvement; now therefore be it Resolved that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement project to R.B. Robinson Contracting, Inc., subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, and be it further Resolved that the Town Supervisor is authorized to execute such contract upon such approval; and be it further Resolved that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $100,000.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project, and be it further Resolved that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions, and transfer $1,789,890.00 bid amount plus a $100,000.00 contingency to the construction account, and $ for ancillary project costs for a total capital project fund budget of$ Moved: Seconded: Vote: 5R !.2 n 0 < 0 0 > z z z z z <z z z 0 0 X mo �z z > > > < z z z > u < m z p R R� Z" z� Z z z Z Z < 0 0 o u = U U U < 7Z Z Z zZ u 0 0 < Z Z cal ff. a jr 'S 9 MEETING OF THE ITHACA TOWN BOARD March 12, 2018. at 5:30 p.m. 21.5 N. Tioga Street, Ithaca, NY, Tompkins County TB Resolution 2018 - : Public Interest Order In the Matter of a Proposed Sewer 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 Fast State Street/MLK Sanitary Sewer Upgrade Sewer Improvement,and establishing the Town of Ithaca East State Street/MLK Sanitary Sewer Upgrade Sewer Improvement Area Present: Moved: Seconded: 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 sewer system improvements to be known and identified as the Town of Ithaca East State Strect/MLK Sanitary Sewer Upgrade Sewer Improvement, and hereinafter also referred to as the "Improvement," to provide such sewer Improvement including extensions, to the present Town sewer improvement, such sewer system hnprovement to be jointly constructed and jointly owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca East State StrecUML,K Sanitary Sewer Upgrade Sewer Improvement Area (the "Sewer Improvement Area"), and Whereas, after said map, plan and report, 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 12, 2018, duly adopt an Order reciting the proposed Improvement, a description of Che 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 map, plan 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 26th day of February, 2018 at 4:30 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 1 Whereas, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and Whereas, at its special meeting on March 6, 2018, the City of Ithaca's Board of Public Works, acting as lead agency in a coordinated environmental review, determined approval, construction and implementation of the Improvement, which is a Type I 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, 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 East State Street/MLK Sanitary Sewer Upgrade Sewer Improvement as hereinafter described, and be it Further Resolved, that the Town Board does hereby approve, authorize and establish the Town of Ithaca East State Street/MLK Sanitary Sewer Upgrade Sewer Improvement described as follows and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: This project consists of replacing approximately 2,350 L.F. of existing 10" RCP sewer mains with approximately 2,350 L.F. of a new 15" SDR-35 PVC sewer main, 20 Manholes, 5 street intersection connections and 32 services, in the same general alignment, beginning at the intersection of East State Street/MLK and Seneca Way to the City/Town line on Mitchell Street, and other related ancillary facilities, in the City of Ithaca, New York, at an initially determined maximum estimated cost to said Sewer Improvement Area of 41.57% of $990,528.00 or$411,762.49, and be it Further Resolved, that the area hereby determined to be benefited by said Town of Ithaca East State Street/MLK Sanitary Sewer Upgrade Sewer 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 home wholly by property within the Town of Ithaca East State Street/MLK Sanitary Sewer Upgrade Sewer Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it 2 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 $411,762.49, which shall be financed as follows: The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, 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, that 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 The 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: The Order was thereupon declared duly adopted. 3 a� PLANNING DEPARTMENT MEMORANDUM TO: Town Board Members FROM: Christine Balestra, Planner DATE: March 7, 2018 RE: Revisions to Special Permit/Special Approval Criteria —Setting Public Hearing Attached please find revised draft special permit/special approval criteria language from Town Code §270-200. Town staff revised the criteria list after several Planning Board meeting discussions where Board members and staff remarked that the existing special permit/approval language has been difficult to work with because of poorly written criteria, redundancies and extraneous terminology. Planning staff researched dozens of other municipal laws for special permit/special approval criteria language that is effective and easy to understand. Staff discovered that there is no one law out there that contains the perfect list of criteria that could apply to the Town of Ithaca. So, the attached revisions are a merging of the town's existing language with some of the better criteria staff has found from other municipal laws. This new, shorter list: 1. Is easier to understand 2. Is easier for the Planning and Zoning Boards to make clear findings 3. Captures the most pertinent considerations for special permit or special approval 4. Eliminates redundancies and extraneous language The Planning Board discussed and supported the proposed revisions at their meeting on December 5, 2017 (with a few minor grammatical changes). The Planning Committee discussed the revisions on February 15, 2018 and recommended moving the revisions to the full Town Board for consideration of approval. The attachments contain a draft resolution for setting the public hearing to revise the special permit criteria. Also attached are the existing special permit criteria language, and the proposed draft revision language. The revision sheet cross references the existing criteria and contains reasons why some of the criteria have been deleted or revised. Please feel free to call or email me with questions at (607) 273-1747 or cbalestra(@town.ithaca.ny.us. Att. 1 CURRENT TOWN LANGUAGE §270-200.Considerations for approval(Special Permit or Special Approval). The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval is being sought,and shall also include as appropriate, but shall not be limited to,findings that the following standards have been met: A. The health,safety,morals and general welfare of the community in harmony with the general purpose of this chapter(including the specific purposes related to the zone in which the premises are located) are being promoted,except that as to all public buildings and educational buildings wherein the principal use is research,administration,or instruction,the same shall be presumed to exist. B. The premises are reasonably adapted to the proposed use,and such use will fill a neighborhood or community need,except that all publicly owned or educational buildings are deemed to be adapted to the proposed use and are deemed to fill a neighborhood or community need. C. The proposed use and the location and design of any structure will be consistent with the character of the district in which it is located. D. The proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants. E. Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise,fumes,vibrations, illumination,or other potential nuisance, than the operation of any permitted use in the particular zone, except that as to all public buildings,churches,and educational institutions the determination shall be whether the presumed benefit of such a use is outweighed by the objectionable impacts of such use on nearby properties. F. Community infrastructure and services, including but not limited to protective services,roadways, garbage collection,schools,and water and sewer facilities are currently,or will be, of adequate capacity to accommodate the proposed use. G. The proposed use,building design,and site layout comply with all the provisions of this chapter and, to the extent considered by the reviewing Board,with other regulations and ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations,and with the Town's Comprehensive Plan. H. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles. I. The general effect of the proposed use upon the community as a whole,including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community, except that as to all public,religious and educational uses,the determination shall be whether the presumed benefit of such a use is outweighed by the detrimental effect of the proposed use upon the health,safety, and general welfare of the community. J. The lot area, access,parking,and loading facilities are sufficient for the proposed use and access, parking and loading facilities are adequately buffered to minimize their visual impact. K. Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance,and existing drainageways are not altered in a manner that adversely affects other properties. L. To the extent reasonably deemed relevant by the reviewing Board,the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter. draft Special /Approval/Permit Revisions for Discussion at 3/12/18 TS Meeting (Iturrent criteria references noted in red in the leftmiargin); § 270-200. Considerations for approval. The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval is being sought and shall also include as appropriate, but shall not be limited to, findings that the following standards have been met: A. The project will be suitable for the property on which it is proposed, considering Caurrently°"B'° the property's size, location, and physical site characteristics. (re-worded, cPrarifieryd to apply to property itself) B. The proposed structure design and site layout are compatible with the Combined surrounding area.(re-irvorded, clarified to apply to proposed design and site plan) „C„&„e)„ C. Operations in connection with the proposed use do not create any more noise, Currently""E„ fumes, vibration, illumination, or other potential nuisances than the operation of any permitted use in the particular zone. (eliminated Past senI!e nce re. public bigs) D. Community infrastructure and services, such as police, fire, and other protective Currently'T' services, roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. (slightly re-worded, delated "garbage collection') E. The proposed use, structure design, and site layout comply with all the provisions Currently"c" of the Town Code and with the Town of Ithaca Comprehensive Plan. (re-worded, elirrrinaPed codec provisions that are not tinder PB or ZETA authorization) F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic &.i„ circulation, parking and loading facilities is sufficient for the proposed use and is „fro,&„ Combined safely designed for emergency vehicles. (re-worded, clarified to apply to site access, safety, add traffic, parking) G. The project includes sufficient landscaping and/or other forms of buffering to NEW! protect surrounding land uses. Existing vegetation is preserved to the extent possible. (redundant for PB, as site plan review covers this, but.ZBA does not otherwise have a roachaanisnt to require landscrcipinqli,)uffaaringlsofferaing of visual or aesthetic irrrpactws) H. To the extent deemed relevant by the reviewing Board, the proposed use or Currently'T" structure complies with all the criteria applicable to site plan review set forth in this chapter. (no change) X:\Town Board\Special Permit Re-do\References to existing law-DRAFT REVISED Special Permit&Special Approval- Considerations.doc What happened to? 1. Criteria "A"? We deleted it because it was redundant—the purpose statement in the Zoning Chapter is nearly identical to the first sentence in "A". The second part of"A" was also eliminated because it was redundant and too vague. The criteria list that we are using already addresses the health, safety and general welfare of the public. 2. Criteria "I"? Also deleted due to redundancy. Nearly every part of"I" can be found in the other criteria (traffic load on streets—covered above in "F";water and sewer systems-covered above in "C; health, safety,general welfare—covered in the Zoning Code purpose section). 3. Criteria "K"? This was deleted because it is addressed in the new"E" above. "K"was written before the town had a stormwater management law, so it was important to make sure that drainage was addressed. Alas,the current Town Code includes our stormwater management law,which deals with natural surface water drainage and other stormwater management elements. Singling out drainage now when it is covered in our existing Code seems strange, particularly when we do not list signage, lighting, solar/wind energy, or other regulations that are also in our Town Code. X:\Town Board\Special Permit Re-do\References to existing law-DRAFT REVISED Special Permit&Special Approval- Considerations.doc MEETING OF THE ITHACA TOWN BOARD March 12,2018 TB Resolution 2018- : Setting a public hearing regarding a proposed local law amending the Town of Ithaca Code,Chapter 270 titled"Zoning", to revise the criteria related to the consideration of special permit or special approval Be it resolved,that the Town Board will hold a public hearing at its April 9, 2018 meeting,which begins at 5:30 p.m.,regarding setting a public hearing for a proposed local law amending the Town of Ithaca Code, Chapter 270 titled"Zoning", to revise the criteria related to the consideration of special permit or special approval, and it is further Resolved that at such time and place, all persons interested in the proposed local law may be heard concerning the same, and it is further Resolved that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca journal and to pose a copy of same on the signboard of the Town of Ithaca. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2018 A LOCAL LAW AMENDING THE CRITERIA FOR SPECIAL PERMITS AND SPECIAL APPROVALS IN CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270(Zoning), Article XXIV(Special Permits and Special Approvals), of the Town of Ithaca Code, Section 270-200, titled"Considerations for approval," is deleted and replaced by a new Section 270-200 reading as follows: "§ 270-200. Considerations for approval. The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval is being sought, and shall also include as appropriate, but shall not be limited to, findings that the following standards have been met: A. The project will be suitable for the property on which it is proposed, considering the property's size, location, and physical site characteristics. B. The proposed structure design and site layout are compatible with the surrounding area. C. Operations in connection with the proposed use do not create any more noise, fumes, vibration, illumination, or other potential nuisances than the operation of any permitted use in the particular zone. D. Community infrastructure and services, such as police, fire and other protective services, roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. E. The proposed use, structure design, and site layout comply with all the provisions of the Town Code and with the Town of Ithaca Comprehensive Plan. F. The site layout, with proposed vehicular,bicycle and pedestrian access, traffic circulation, and parking and loading facilities, is sufficient for the proposed use and is safely designed for emergency vehicles. G. The project includes sufficient landscaping and/or other forms of buffering to protect surrounding land uses. Existing vegetation is preserved to the extent possible. H. To the extent deemed relevant by the reviewing Board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter." 1 Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 2 MEETING OF THE ITHACA TOWN BOARD Monday, March 12, 201.8 TB Resolution 2018 - : BUDGET AMENDMENT— Increasing Appropriations in the 2018 Ithaca Town Budget for Consulting Services to Prepare Construction Documents for the Park and Trail Project Located on East King Road Whereas, the Town of Ithaca has owned approximately 3.6 acres of vacant land on East King Road since 1998/1999, and the development of a park and trail in this area of the Town is recommended in the Town of Ithaca Park, Recreation and Open Space Plan (1997); and Whereas, in 2016 the Town contracted with T.G. Miller, P.C. Engineers and Surveyors to provide preliminary designs for this park and trail project; and Whereas, the Town has received a commitment from a Town resident to donate funds towards the development of this park and trail project; and Whereas, the Town Board authorized the award of the contract for preparation of Construction Documents to T.G. Miller, P.C. Engineers and Surveyors, of Ithaca, New York, under Town Board Resolution No. 2018-032 on February 26, 2018, in the amount of $16,200; and Whereas, as no appropriation for this purpose was made in the 2018 Ithaca Town Budget, an additional $16,200 will need to be appropriated from the fund balance of the General. Townwide Fund; now therefore be it Resolved, that Appropriations in the 2018 Ithaca Town Budget be amended as follows: • General Townwide Fund —Culture and Recreation Town Parks: - Account A7110.403, Consulting Services is increased from $20,000 to$36,200. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, March 12, 2018 TB Resolution 2018 —xxx: Increase I3ours of Administrative Assistant I - Codes Whereas, there is presently a vacancy in the part time position of Administrative Assistant I in the Code Enforcement Department, which was budgeted in 2018 at 20 hours per week; and Whereas, the Director of Code Enforcement has justified the need for additional hours per week due to the increased clerical demand caused by the Rental Registry program and pre- 2020 census work; and Whereas, the Personnel and Organization Committee discussed the request for more hours and the needs of the organization, and hereby recommends the hours for the position of Administrative Assistant.I to be increased from 20 hours per week part time in 2018; and Whereas, the Budget and Finance Committee discussed the request for more hours and the needs of the organization versus the costs associated with increasing the hours to a full time position, and hereby reconnnends the hours for the position of Administrative Assistant I to be increased from part time at 20 hours per week to full time at 37.5 howl per week, effective March 12,2018; and Whereas, the increase in hours for this position will require a Budget Amendment to the 2018 Ithaca Town Budget increasing appropriations in the General Part-Town Fund, Home and Community Services, Zoning & Code Enforcement, Regular (Salaries) account by approx. $7,750; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve the recommendation of the Personnel and Organization and Budget and Finance Committees, to increase the hours for the Administrative Assistant I position from part time at 20 hours per week to full time at 37.5 hours per week, effective March 12, 2018; and be it further Resolved, that Appropriations in the 2018 Ithaca Town Budget be amended as follows: • General Part-Town Fund - Home and Community Services, Zoning & Code Enforcement - Account B8010.100: Regular (Salaries) is increased from $496,500 to $504,000. Moved: Seconded: Vote: Administrative Assistant I Salary and Benefit costs estimates. 20 Hours-budgetted Weeks of Pay Months Wage Hours Wkly rate Annualized 52 Budget impacts $ 19.19 20 $ 383.80 $ 19,957.60 $ 19,957.60 12 Total budget $ 40,904.64 Rates: Total: hours used 56.5 $ 1,084.24 Estimated Gross Income $ 191957.60 Fica/Medicare $ 82.94 Social Security 6.20°! $ 1,237.37 Health ins $ - Medicare 1.45% $ 289.39 Tier# Retirement $ - NYS&L Retirement Pension 16.00% $ 3,193.22 6 Work Comp $ - NYS&L Retirement 41J sick leave 0.20% $ 39.92 subtotal $ 1,167.18 Health Insurance-15% Plat $ 1,559.22 15,904.08 $ 233.88 Short Term Disability Insurance $ 79.20 Remaining $ 39,737.46 Life Insurance$50,000 value $12/month $ 144.00 Flex Spending Account $4.35/rnonth $ - Workers'Compensation rate: $ 6.30 $ 59.87 Total Estimated Benefit: 40,904.64 30 hours Weeks of Pay Increase in cost to go from Wage Hours Wkly rale Annualized 52 Months 20 hours to 30 hours per week. $ 19.19 30 $ 575.70 $ 29,936.40 $ 29,936.40 12 $ 9,978.80 wages only $12,388.68 Wages and benefits Rates: Total: Estimated Gross Income $ 29,936.40 If new person starts by 3/18/18 Social Security 6.20% $ 1,856.06 would need additional funds. Medicare 1.45% $ 434.08 Tier# NYS&L Retirement Pension 1U0% $ 4,789.82 6 Total budget less used $ 39,737.46 NYS&L Retirement 41 J sick leave 0.20%, $ 59.87 Health Insurance per month $ 1,559.22 15,904.08 $ 233.88 hours 40 wks 1200 $ 23,028.00 Short Term Disability Insurance $ 79.20 Fica/Medicare $ 1,761.64 Life Insurance$25,000 value $12/month $ 144.00 Health ins Apr-Dec $ 11,928.06 Flex Spending Account $4.35/month $ - Retirement $ 3,592.37 Workers'Compensation rate: $ 0.30 $ 89.81 Work Comp $ 67.36 Total Estimated Benefit: 53,293.32 subtotal $ 40,377.43 Remaining $ (639.97) full time 37.5 hours Weeks of Pay Increase in cost to go from Wage Hours Wkly rate Annualized 52 Months 20 hours to 37.5 hours per week. $ 19.19 37.5 $ 719.63 $ 37,420.50 $ 37,420.50 12 $17,462.90 wages only $21,680.19 Wages and benefits Rates: Total: Estimated Gross Income $ 37,420.50 If new person starts by 3/18/18 Social Security 6.20% $ 2,320.07 would need additional funds. Medicare 1.45% $ 542.60 Tier# NYS&L Retirement Pension 16.00% $ 5,987.28 6 Total budget less used $ 39,737.46 NYS&L Retirement 41 J sick leave 0.20% $ 74.84 Health Insurance per month $ 1,559.22 15,904.08 $ 233.88 hours 40 wks 1500 $ 28,785.00 Short Term Disability Insurance $ 79.20 Fica/Medicare $ 2,202.05 Life Insurance$25,000 value $121 month $ 144.00 Health ins Apr-Dec $ 11,928.06 Flex Spending Account $4.351month $ - Retirement $ 4,490.46 Workers'Compensation rate: $ 11.30 $ 112.26 Work Comp $ 84.20 Total Estimated Benefit: 62,584.83 subtotal $ 47,489.77 Remaining $ (7,752.31) ff')�INN 110AJ t'tGENIP Y17M it MEETING OF THE ITHACA TOWN BOARD March 12, 2018 TB Resolution 2018 - : Support of the Geographic Name Proposal Recommendation for Six Mile Creek Whereas, Six Mile Creek in Tompkins County is listed by the United States Board of Geographic Names as "Sixmile Creek", and Whereas, common usage in Tompkins County is to refer to this stream as "Six Mile Creek", and Whereas, according to the Tompkins County Historian, the use of the name "Six Mile Creek" goes back to at least 1829, and Whereas, Timothy Larkin, a Tompkins County resident, has initiated the formal process of officially changing the name to "Six Mile Creek", and Whereas, the United States Board on Geographic Names requests local municipalities to weigh-in on requests for name changes; now therefore be it Resolved, that the Town Supervisor is authorized to sign and submit a Geographic Name Proposal Recommendation form to the United States Board on Geographic Names, confirming that the Town of Ithaca believes this stream should be officially known as "Six Mile Creek". Moved: Seconded: Vote: ,l MEE'T'ING OF TIE ITHACA TOWN BOARD Monday, March 12, 2018 TB Resolution No.2018 - : Authorize Supervisor to execute contract with Erdman Anthony for engineering services associated with the preconstruction phase of the State Route 96B/Danby Rd. Sidewalk Project a Pederal Aid Local Project (PIN 3950.62) WHEREAS, on August 7, 2017 the Town Board agreed to accept funding from NYS Department of Transportation and authorized the Supervisor to execute the Federal Aid Local Project Agreement for the State Route 96B/Danby Road Sidewalk Project; and WHEREAS, in accordance with NYSDOT's "Procedures for Locally Administered Federal Aid Project" manual, the Town has selected a consultant to provide engineering services for the pre- construction phase of this project; now, therefore, be it RESOLVED, that the Supervisor of the Town of Ithaca is hereby authorized to execute the contract with Erdman Anthony for engineering services associated with the State Route 96B/Danby Road Sidewalk Project, a Federal Aid Project, subject to final authorization by the NYS Commissioner of Transportation of the Federal Aid Local Project Agreement. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD March 12, 2018 TB Resolution 2018 - : Request that Charter Communications not discontinue WSKG TV from its Basic Cable Service Whereas, in February 2018 Charter Communications announced that, beginning in raid-March 2018, the "duplicate PBS station, WSKG" would no longer be available in the Candor, Cortland, Hamilton and Ithaca Channel line-ups, while the"In Market Station WCNY" would remain on basic service; and Whereas, WSKG is, in fact, not a "duplicate" PBS television station, but rather is known for its singular local productions, offering more local programming than WCNY, and broadcasting many local award winning documentaries relating specifically to Ithaca and the Southern Tier and Finger Lakes Region; and Whereas,just a few of these award winning documentaries produced and shown by WSKG include: • Cornell, Birth of the American University • Class of 1950 • Hurricane Agnes, 1972 • Racing at Watkins Glen and Whereas, WSKG produces several local TV shows that feature Ithaca-area businesses,musicians and artists, such as "Brew Beats," "Expressions," and "Let's Polka!'; and Whereas, WSKG, by law, cannot and does not charge for their programming and receives zero financial compensation from Charter Communications; and Whereas, WSKG has approximately 2,300 members in Tompkins County who contribute to the station and should be able to watch it; and Whereas, while Charter Communications has the legal right to limit the Ithaca area to one PSS TV station from its Designated Market Area, which is Syracuse, it can legally carry more than one PBS station; and Whereas, the Town of Ithaca, in conjunction with 12 other Tompkins County municipalities is currently negotiating the renewal of its cable franchise agreement and would consider continued emphasis on regional programming to be in the best interests of Charter Communications and area residents and a show of interest in our community; now, therefore, be it Resolved, That the Town Board of the Town of Ithaca hereby strongly requests that Charter Communications not discontinue WSKG TV from its basic cable service; and be it further Resolved,That the Town Board of the Town of Ithaca also requests that Charter Communications upgrade the signal of WSKG from standard definition to high definition; and be it further Resolved,That a copy of this resolution be forwarded to the offices of Charter Communications, the New York State Public Service Commission, the offices of WSKG, the Tompkins County Legislature, Assemblywoman Barbara Lifton, State Senator Tom O'Mara, Governor Andrew Cuomo, Congressman Tom Reed, and Senators Charles Schumer and Kirsten Gillibrand. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday,March 12,2018 AGMumm#' TB Resolution 2018- : 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. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify provisional appointment of Distribution Operator—BP e. Ratify provisional appointment of Water Treatment Operator—BP f. Appointment of Conservation Board Associate Member—Simon Moved: Seconded: Vote: Ayes— TB Resolution 2018 - a: Approval of Minutes of February 12 and 26,2018 Whereas, the draft Minutes of the February 12 and 26,2018 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 12 and 26, 2018 of the Town Board of the Town of Ithaca. TB Resolution 2018 - : Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 301 -365 General Fund Townwide 38,960.09 General Fund Part-Town 3,385.85 Highway Fund Town Wide 1,304.37 Highway Fund Part Town 5,914.20 Water Fund 479,184.80 Sewer Fund 54,427.56 Risk Retention Fund 829.75 Fire Protection Fund 255,000.00 Forest Home Lighting District 57.16 Glenside Lighting District 17.08 Renwick Heights Lighting District 29.53 Eastwood Commons Lighting District 40.03 Clover Lane Lighting District 5.30 Winner's Circle Lighting District 7.97 Burleigh Drive Lighting District 18.62 West Haven Road Lighting District 73.88 Coddin ton Road Lighting District 42.95 Trust and Agency 7,500.00 TOTAL 846,799.14 TB Resolution 2018- d: Ratify Provisional Appointment of Distribution Operator- SCLIWC. Whereas, there is vacant Distribution Operator position in the Distribution Department; and Whereas,Jason Reynolds was appointed as a provisional Distribution Operator Assistant effective April 25, 2016; Whereas,Jason Reynolds received his grade D Distribution System Water System Operator license effective,February 22, 2018,which is required for the Distribution Operator position; and Whereas,Jason Reynolds was provisionally appointed by SCLIWC at the March 8, 2018 meeting based on a full time level of 40 hours per week,effective March 4, 2018; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's provisional appointment of Jason Reynolds as a Distribution Operator in the Distribution Department; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$23.10 from account number SW8340.101,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 2018 - e: Ratify Provisional Appointment of Water Treatment Plant Operator-SCLIWC Whereas, there is vacant Water Treatment Plant Operator position in the Production Department; and Whereas,Megan Falicchio was provisionally appointed as a Water Treatment Plant Operator Assistant on November 20, 2017; and Whereas,Megan Falicchio received her IIA Filtration Plant Water System Operator license effective February 12,2018,which is required for the Water Treatment Plant Operator position; and Whereas, Megan Falicchio was provisionally appointed by SCLIWC at the March 8, 2018 meeting based on a full time level of 40 hours per week, effective February 18, 2018; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's provisional appointment of Megan Falicchio as a Water Treatment Plant Operator in the Production Department; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$22.36 from account number SW8330.101, 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 2018 - : Appointment of Associate Conservation Board Member Whereas, Carrie Simon has been a member of the Town of Ithaca Conservation Board since 2014; and Whereas, Carrie has not been able to attend meetings regularly due to family and educational conflicts, but would like to remain as part of the Conservation Board as an associate member; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby appoints Carrie Simon as an associate member of the Conservation Board, for the term of March 12, 2018 to December 31, 2018.