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HomeMy WebLinkAboutTB Minutes 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 Proj ect 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 18. MEETING OF THE ITHACA TOWN BOARD Monday, March 12,2018 Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to Order and Pledge of Allegiance—Mr. Goodman called the meeting to order at 5:30 p.m. and reviewed the agenda 2. Persons to be Heard No one 3. Consider approval of a Bond Resolution for the Ellis Hollow Water Tank and Water Main Project TB RESOLUTION 2018-034: 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 Countv, 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 and Councilperson Eric Levine ABSENT: None Moved by Rod Howe, seconded by Rich DePaolo 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 duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated TB 2018-03-12 pg. 1 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 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 TB 2018-03-12 pg. 2 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. 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 TB 2018-03-12 pg. 3 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: 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: Supervisor Bill Goodman, aye; Councilperson Pamela Bleiwas, aye; Councilperson Rich DePaolo, aye; Councilperson Rod Howe, aye; Councilperson Tee-Ann Hunter, aye; Councilperson Patricia Leary, aye and Councilperson Eric Levine, aye. The resolution was thereupon declared duly adopted. 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 — Pulled TB 2018-03-12 pg. 4 5. Consider award of contract for the Ellis Hollow Water Tank and Water Main project TB Resolution No. 2018-035: 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, 535 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 $180,000.00 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 $180,000.00 contingency to the construction account, $20,000 for Bonding Costs, and $10,000 for ancillary project costs for a total capital project fund budget of$2,099,890.00. TB 2018-03-12 pg. 5 Moved: Bill Goodman Seconded: Pamela Bleiwas Vote: Ayes—Goodman, Bleiwas, Leary, Levine, DePaolo, Hunter and Howe 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 TB Resolution 2018-036: Public Interest Order In the Matter of a Proposed Sewer Improvement for the Town of Ithaca, Tompkins Countv, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca East State Street/MLK Sanitary Sewer Upurade Sewer Improvement, and establishinu the Town of Ithaca East State Street/MLK Sanitary Sewer Upurade Sewer Improvement Area Present: Bill Goodman, Tee-Ann Hunter, Eric Levine, Pamela Bleiwas, Rich DePaolo, Pat Leary and Rod Howe Moved: Tee-Ann Hunter Seconded: Eric Levine 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 Street/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 Improvement 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 Street/MLK 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 the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a 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 26h 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 TB 2018-03-12 pg. 6 proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and Whereas, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and Whereas, at its 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 borne 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 further TB 2018-03-12 pg-7 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 apermissive 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 be it further Resolved, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Bill Goodman, aye; Tee-Ann Hunter, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rich DePaolo, aye; Pat Leary, aye; and Rod Howe, aye. The Order was thereupon declared duly adopted. 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" TB Resolution 2018-037: Setting a public hearing reuardinu a proposed local law amending the criteria for Special Permits and Special Approvals in Chapter 270, Zoninu, of the Town of Ithaca Code 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 criteria for Special Permits and Special Approvals in Chapter 270, Zoning, of the Town of Ithaca Code, 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 TB 2018-03-12 pg. 8 publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes—Howe, DePaolo, Hunter, Bleiwas, Goodman, Leary and Levine 8. Consider approval of a budget amendment for payment of the King Rd Park preliminary drawings TB Resolution 2018-038: BUDGET AMENDMENT —Increasinu Appropriations in the 2018 Ithaca Town BudEet for Consultinu Services to Prepare Construction Documents for the Park and Trail Proiect Located on East Kinu Road Whereas, the Town of Ithaca has owned approximately 3.6 acres of vacant land on Bast 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: Bill Goodman Seconded: Pat Leary Vote: Ayes—Goodman, Leary, Levine, Howe, Hunter, DePaolo and Bleiwas 9. Consider increasing the hours for the Codes Administrative Assistant 1 position TB Resolution 2018-039: Increase Hours of Administrative Assistant I - Codes TB 2018-03-12 pg. 9 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 recommends 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 hours 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: Pamela Bleiwas Seconded: Pat Leary Vote: ayes —Bleiwas, Leary, Levine, DePaolo, Hunter, Howe and Goodman 10. Consider a Resolution of Appreciation for Gene Redman TB Resolution 2018-040: Recognition of Eugene Redman's Dedicated Years of Service to the Communitv Whereas, Eugene Redman, Deputy Highway Superintendent, started his career as a highway Laborer on May 30, 1984; and TB 2018-03-12 pg. 10 Whereas, Gene was promoted through time to such positions as Motor Equipment Operator, Heavy Equipment Operator, and then on October 3, 1996, to Deputy Highway Superintendent, and has served in that role continuously since that date; and Whereas, effective March 26, 2018, Gene has chosen to retire from his employment with the Town's Public Works Department, after over thirty-three (33) years of dedicated service; and Whereas, Gene was responsible and highly dedicated to ensuring the roads were clear of snow, often working many hours of overtime to make sure the Town was providing safe roadways; and Whereas, Gene was the leader in moving to a "one-person plowing" program, which saved overtime costs and reduced the fatigue of the staff over the long winter seasons; and Whereas, Gene was instrumental in the Town's fleet and equipment replacement program, which emphasized safety for the crews, purchasing of specialized equipment and state- of-the-art heavy duty trucks, and the ability to maintain high resale values for future purchases; and Whereas, Gene was influential in the Town's supplies purchasing program, which often required him to negotiate with sales representatives to ensure he was getting the best value for the Town; and Whereas, Gene was known for his desire to provide intermunicipal cooperation with other towns to ensure assistance and equipment for the Town of Ithaca when it was needed; and Whereas, the Town of Ithaca has greatly benefited from Gene's tireless devotion, expertise, and desire to serve our community in order to make it a better place to live; now, therefore, be it Resolved, that on this 12`h day of March, 2018, the Town Board of the Town of Ithaca, on behalf of the Town and its residents, expresses its sincere appreciation, admiration, and gratitude to Eugene Redman for his distinguished and dedicated service to our community. Moved: Bill Goodman Seconded: Pat Leary Vote: Ayes—Goodman, Leary, Hunter, DePaolo, Levine, Bleiwas and Howe 11. Consider official acknowledgement of Six Mile Creek naming TB Resolution 2018-041: Support of the Geouraphic 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 TB 2018-03-12 pg. 11 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: Bill Goodman Seconded: Pat Leary Vote: Ayes—Goodman, Leary, Hunter, Howe, Levine, DePaolo and Bleiwas 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) TB Resolution 2018-042: Authorize Supervisor to execute contract with Erdman Anthonv for enuineerinu services associated with the preconstruction phase of the State Route 96B/Danbv Rd. Sidewalk Proiect a Federal Aid Local Proiect(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: Tee-Ann Hunter Seconded: Rod Howe Vote: Ayes—Hunter, Howe, Levine, Leary, Bleiwas, Goodman and DePaolo 13. Consider a resolution in support of asking Spectrum to keep PBS local channel WSKG TB 2018-03-12 pg. 12 TB Resolution 2018-043: Request that Charter Communications not discontinue WSKG TV from its Basic Cable Service Whereas, in February 2018 Charter Communications announced that, beginning in mid-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 PBS 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 TB 2018-03-12 pg. 13 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: Rich DePaolo Seconded: Eric Levine Vote: Ayes—DePaolo, Levine, Bleiwas, Hunter, Howe, Goodman and Leary 14. Consider Consent Agenda TB Resolution 2018-044: Adopt Consent Auenda 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: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes— Howe, Hunter, Levine, Leary, Goodman, Bleiwas and DePaolo TB Resolution 2018-044a: 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 - 044b: 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 TB 2018-03-12 pg. 14 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 Coddington Road Lighting District 42.95 Trust and Agency 7,500.00 TOTAL 846,799.14 TB Resolution 2018-044c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 68-119 Check Numbers: 175 80-1763 1 Capital Impr/Repl Project $ 57,936.32 Operating Fund $103,113.59 TOTAL $161,049.91 Less Prepaid S7 17 703.£37 TOTAL $ 143,346.04 TB 2018-03-12 pg. 15 TB Resolution 2018-044d: 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 S W8340.101, 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 2018-044e: 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 TB 2018-03-12 pg. 16 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 S W8330.101, 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 2018-044f. 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. 15. Report of Town Officials, Committees and review of Correspondence Mr. Goodman reported on a homeless person issue on Five Mile Drive. Coordinated meetings with the residents, officials and resource representatives are being arranged. A ZBA interview committee was established for the two vacant alternate positions. Ms. Rosa noted that there were two applications for renewal of liquor licenses for LaTourelle Glamping and Moakley House. The Board had no issue with the renewals. Upon request by three callers, Ms. Rosa stated on the record that people are saying that Spectrum service quality, actual speeds, are very different when they have not"upgraded"their service. Ms. Hunter updated the board on the IO Watershed grant and reported that they did receive the grant from Cornell for a Summit focused on hearing from officials and water and soil staff and DPW staff to gather ideas for projects and what to prioritize in moving forward. Ms. Hunter also reported on the recent HABS seminar she went to which was very well attended and this is a very real and large problem with nutrient loading at the root cause. She said it was interesting to have the scientists tell the politicians that it is the nutrients causing this and we have a legacy problem here now and we will likely see a bloom in the future but we should continue to monitor and take action to limit the nutrient loading that happens. TB 2018-03-12 pg. 17 16. Consider executive session to discuss ongoing litigation — Time Warner Cable/Spectrum Motion made by Rich DePaolo, seconded by Bill Goodman, 6:15 p.m. 17. Consider adjournment The Board reentered open session, and having no official business coming from the closed session, the meeting was adjourned. Submitted J F Paulette Rosa, Town Clerk TB 2018-03-12 pg. 18