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HomeMy WebLinkAboutTB Minutes 2015-02-23 MEETING OF THE ITHACA TOWN BOARD February 23,2015 at 4:30 p.m. * The second meetings of the month of the Town Board are called Study Sessions and generally focus on committee reports and informational presentations. Time sensitive action items may be scheduled when needed. Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Rod Howe 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 Terwilliger, Town Clerk and Jim Weber, Highway Superintendent 1. Meeting was called to order at 4:33 p.m. 2. Review Draft Agenda for Regular Meeting — Mr. DePaolo asked that approval of the Joint Youth Committee Agreement be added to the agenda. 3. 4:30 p.m. Public Hearing regarding a proposed Sewer Improvement to be known as the Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility, and establishing the Town of Ithaca Influent Building and Dewatering System Sewer Improvement Area Mr. Engman opened the public hearing at 4:34 pm. There was no one presenting wishing to speak and the hearing was closed. Ms. Hunter moved the resolution with Mr. DePaolo seconding it. Dan Ramer, Plant Manager, Ithaca Area Waste Water Treatment Plant was available for questions and gave an overview of the project and expected benefits. The improvements to the influent building will screen more of the debris and solids from the intake and improve efficiency and energy use as well as making it easier for the processing of the water through the rest of the procedures. The improvements to the dewatering system will also increase efficiencies and make removal of the waste product much easier and there are physical upgrades to the buildings that will improve the working conditions and atmosphere as well as the amount of contaminates that corrode the equipment etc. Mr. Engman noted that Mr. Ramer has worked tirelessly to improve the function and efficiency of the Plant and made tremendous strides and we are very lucky to have him. His goal is to make the plant energy self-sufficient and possibly generating methane power. Mr. Goodman asked if thought had been given to the town floating the bond versus the city and Mr. Engman stated that he thought it had been and the rates were comparable and Mr. Weber added that if we were to float the bond, we would have to go through the comptroller's approval process which is tedious. TB 2-23-2015 pg 1 TB Resolution 2015 - 027: Adoption of Public Interest Order to be known as the Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility, and establishing the Town of Ithaca Influent Building and Dewatering System Sewer Improvement Area. PRESENT: Herb Engman, Bill Goodman, Pat Leary, Rich DePaolo, Tee Ann Hunter, Eric Levine and Rod Howe WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County,New York, relating to the establishment and construction,pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility, and hereinafter also referred to as the "Improvement,"to provide such sewer Improvement to the present Town sewer improvement, such sewer system Improvement to be jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and Town of Dryden, all of which are co-owners of the Ithaca Area Wastewater Treatment Facility, to serve a benefitted area in said Town of Ithaca to be known as the Town of Ithaca Influent Building and Dewatering System Sewer Improvement Area (the "Sewer Improvement Area"); and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on February 9, 2015, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 23th day of February, 2015 at 4:30 P.M. Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its Study Session meeting on February 23, 2015, the Town Board has determined approval, construction and implementation the Improvement to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act(SEQR), the implementation of which as proposed, said regulation provides will not result in a significant TB 2-23-2015 pg 2 adverse environmental effect; it is Type II and not subject to review under SEQR for the following reasons: the Improvement includes the purchase of equipment; replacement in kind of piping on the same site; maintenance involving no substantial changes in an existing structure or facility; and construction of accessory non-residential structures or facilities involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls; and 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 Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk at an initially determined maximum estimated cost to said Sewer Improvement Area of $3,090,528, it being determined that the additional $4,469,472 of the $7,560,000 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden,pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden: The project will consist of Improvements to the Influent Building and dewatering systems at the Ithaca Area Wastewater Treatment Facility located at 525 Third Street in the City of Ithaca„ including: • Replacement of two existing screens with two mechanically cleaned screens in the Influent Room, • Installation of screenings washers and compactors, • Installation of screenings handling equipment, • Installation of an odor control system, • Lighting replacements and improvements, • General maintenance and painting, • Improvements to the dewatering system with increased capacity • Installation of a new leachate reception and storage system for leachate reception, equalization, and controlled discharge into the treatment plant; and be it TB 2-23-2015 pg 3 FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment Facility 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 Influent Building and Dewatering System Sewer Improvement Area that is hereby established,being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, said$3,090,528 maximum estimated cost, which is the cost of the project to be expended by the Town of Ithaca, shall be authorized to be paid, as follows: Ithaca Area Wastewater Treatment Facility co-owner City of Ithaca will issue bonds to pay for the City of Ithaca's share of the improvements at the Facility as well as for the Town of Ithaca's Improvement. The Town of Ithaca will not co-issue or be liable on the bonds. The Town of Ithaca will reimburse the City of Ithaca through a contract between the City of Ithaca and the Town of Ithaca. The Town of Ithaca's contractual payments to the City of Ithaca are proposed to be paid by expenditure of current revenues and surplus funds from sewer rents and charges to be assessed, levied upon and collected from the several lots and parcels of land within such Sewer Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements; 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 the permission of the State Comptroller is not required because the Town of Ithaca does not propose to finance the cost of the Improvement by the issuance of bonds, notes, certificates, or other evidences of indebtedness of the Town, 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: Herb Engman, aye; Bill Goodman, aye; Pat Leary, aye; Rich DePaolo, aye; Tee Ann Hunter, aye; Eric Levine, aye and Rod Howe, aye. The Order was thereupon declared duly adopted. 4. Town Official's Reports Mr. Weber reported on the road salt situation and public service announcement. We have approximately 400 tons in the barn and 200 tons coming and that is all we can get. There is no more to purchase. We hope the weather patterns change; of the first 54 days in 2015, we have TB 2-23-2015 pg 4 had snow on 43 of them and our crews have had 33 overtime events already. Are crew are still out and the roads are still safe but we are focusing on steep grades and intersections. Mr. Engman added that we put out the notice to inform residents and have some transparency and let them know that we have done all we can but the salt is not available. Mr. DePaolo asked if there was a liablility involved and Mr. Weber responded that he did not think that residents would really notice the difference and we hope the sun will be out a bit more and help. We will be providing the same level of service as adjacent municipalities and would encourage safe and prudent travel during snow events. Ms. Drake reported that the Board Luncheons have been set for March 6th at Public Works and March 13th at Town Hall. Report from the Association of Towns Meeting Attendees Mr. Goodman reported that the theme was surviving the Tax Freeze and he has the handouts but it wasn't anything we don't already know; it may be useful to smaller towns without as much staff but nothing new. Mr. Goodman reported on the Delegates Meeting and Ms. Hunter made a good attempt at asking questions but none of our substantive amendments were passed so they are tabled again. Liz Thomas from Ulysses was nominated for one of the vice-presidents spots and she got about one- third of the votes against the person put up by the nominating committee. At the beginning of the meeting he did not think there were the 200 delegates to make up a quorum but they stated that there were 212 registered and there and did the resolutions but when they got to the bylaws, a lot of people had already left as is usual, and somebody called for a quorum count and the president issued a determination that there was a quorum and it was obvious there were less than 100 and somebody made a motion to challenge the ruling of the chair and do a quorum count and that failed and it was pretty obvious that the people present were willing to go along with whatever the ruling body wanted. Ms. Hunter explained that some of the issues surround how the executive committee is nominated and then elected and there were some changes proposed that would encourage some outreach to the membership at large for nominations and that got voted down. She was also dismayed that the budget that is distributed is a single page with no breakdown whatsoever and no trends from year to year or even if there was a balance left over from the previous year and we requested a fuller budget and they were not interested in discussing that and Mr. Goodman added that at the discussion session, they were concerned about privacy but yet, these salaries are paid for by taxpayer money and there should be no expectation of privacy. The group may look into getting the information via FOIL. Mr. Goodman also reported that there was a request to have a session on Monday or Tuesday to discuss the bylaws and the president responded that they didn't want people to miss the training sessions which to him showed they have no interest in talking about the bylaws. TB 2-23-2015 pg 5 Ms. Hunter also noted that she asked about the contract for the lobbyist and maybe even get a report from the lobbyist we pay$96K a year and they didn't feel we needed one since they report to the executive committee. Mr. Engman stated that it is very disappointing because the associations for the Counties and the Mayors are very active and very productive and we are losing out. Mr. Goodman stated that there will be bylaws discussions again since recommendations have been made and at least now we have emails to many delegates and attendees so we can get the proposed revisions out to try and get some discussion going prior to the meeting. 5. Report from Committees a. Budget Committee — Mr. Levine reported that they made a working calendar for the topics to be discussed and the priorities for the committee. Minutes will be sent out after approval and Mr. Solvig will send out the agenda the week prior to the meeting. b. Codes and Ordinances Committee — Mr. Goodman reported that the sign law is almost ready and the last piece is more of a policy decision regarding if we want to regulate signs if they are more than a certain distance from the road or neighbors' property line; and example is the no smoking signs at the hospital which needed a variance a few years ago and the committee is deciding how to allow those types without allowing sign-litter. He asked the board to start thinking about that in preparation for the review by the board. The other issue remaining is how to help farmer's out with signs but we have to be careful because you can't single out farmers; what is allowed for them has to be allowed for all. c. Planning Committee — Mr. DePaolo reported that they discussed the coming East Hill project and the Cornell Master Plan and concerns that the project is not following the plan and that will probably be the main topic for the next few meetings. He also reported that he has done some research on rental oversight and in fact met a state representative at the AOT meeting who thought there might be an opportunity for collaboration with Syracuse and Cortland who are also interested in getting some regulations on student rentals. Ms. Ritter added that the county has stated that they will be updating their Housing Needs Study this year. d. Personnel and Organization Committee — Mr. Goodman reported that they talked about the renovation contract for Town Hall which was passed last meeting as well as Planning Department fees for meeting which will continue at the next meeting before coming to the board for approval. The health consortium contract was also discussed and will have to be approved/renewed by the board at some point. e. Public Works Committee—Mr. Howe reported that they are meeting tomorrow and items on the agenda include salt levels, complete streets, DEC Stormwater requirements, the S curve in Forest Home a request for no parking on Honness Lane. Ms. Hunter asked about the status of the Inlet Valley Cemetery grant and Mr. Engman and Mr. Weber explained TB 2-23-2015 pg 6 that the state representative wanted the retaining wall put out to bid because he thought the quote was too high and he wanted a number of headstone restorations added. He sounds positive about awarded the funds but wants more on it but he didn't actually meet with staff at the time so it is still in the works. f. Economic Development Committee — Mr. Howe reported that they are fine tuning the next step which is to have conversations with the key responders at the first meeting and he will do up a memo for the board. The committee is planning another event but not sure what to call it at this point. Mr. Engman added that he has sent an email to the NYSDOT regarding a traffic light at Seven Mile Dr and he will send a follow-up email about sight distance and turning lanes. These were the primary concerns of the business owners. He added that Ms. Ritter supplied traffic counts which were around 19K a day in each direction which is substantial. g. Other Mr. Goodman reported that the group meeting with the City and County regarding contributions to the City Parks will be meeting on March Mr. DePaolo reported that at a recent Ithaca College meeting he realized they are not involved in the Pedestrian Walkway study and Ms. Ritter responded that they are but the person he had spoken to may not be aware of it. Mr. DePaolo also stated that he put a plug in for contributions to police and fire protection when the police services were brought up in connection with the Chain Works project and Mr. Engman added that he is meeting with the President next week with the main topic, in his mind, being contributions to fire protection. Ms. Hunter reported that the Cayuga Lake Watershed Management Plan Update is about to begin and a press release will go out in the first week of March. 6. Consider Consent Agenda Items TB Resolution 2015 - 028: 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 Meeting Minutes of February 9, 2015—PULLED b. Approval of Town of Ithaca Abstract c. Appointment of Alternate Planning Board Member d. End of Year Budget Amendments Moved: Rod Howe Seconded: Eric Levine Vote: Ayes—Engman, Goodman, Howe, Leary, Levine, Hunter and DePaolo TB 2-23-2015 pg 7 TB Resolution No. 2015 - 28b: 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. 177 - 226 General Fund Town wide 48,627.35 General Fund Part Town 5,989.05 Highway Fund Part Town 8,997.30 Water Fund 22,441.65 Sewer Fund 2,117.75 Forest Home Lighting District 154.26 Glenside Lighting District 45.36 Renwick Heights Lighting District 78.86 Eastwood Commons Lighting District 105.99 Clover Lane Lighting District 14.10 Winner's Circle Lighting District 21.16 Burleigh Drive Lighting District 49.37 West Haven Road Lighting District 195.84 Coddington Road Lighting District 113.92 TOTAL 88,951.96 TB Resolution No. 2015- 028c: Appointment of Planning Board Alternate Member Whereas, the Planning Board Selection Committee interviewed four candidates for the Planning Board Alternate position and recommend the appointment of Liebe Meier Swain; now, therefore, be it Resolved, that the Town Board hereby appoints Liebe Meier Swain of 115 Ridgecrest Lane, as the Planning Board Alternate member for a term beginning February 23, 2015 and ending December 31, 2015. TB Resolution No. 2015- 028d: Approval of Final Budget Transfers,Amendments and Modifications for the Fiscal Year Ending December 31, 2014. Whereas, in preparation of closing the budgetary and accounting records of the Town of Ithaca, the Town Finance Officer has reviewed all budgetary revenue and appropriation accounts for the fiscal year ending December 31, 2014, and TB 2-23-2015 pg 8 Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications needed to close the budgetary and accounting records of the Town of Ithaca for the fiscal year ending December 31, 2014, and Whereas, these findings are summarized below showing the net impact on the Fund Balance in each operating fund or fund group: General Townwide Fund Beginning Fund Balance at 1/01/14 $ 2,769,574.63 ADD: Total Revenues 4,668,518.71 LESS: Total Expenditures 4,320,664.30 Ending Fund Balance at 12/31/14 $ 3,117,429.04 Net Increase to Fund Balance from 2014 Operations: $ 347,854.41 General Part-Town Fund Beginning Fund Balance at 1/01/14 $ 787,884.10 ADD: Total Revenues 1,295,104.93 LESS: Total Expenditures 1,249,249.21 Ending Fund Balance at 12/31/14 $ 833,739.82 Net Increase to Fund Balance from 2014 Operations: $ 45,855.72 Highway Part-Town Fund Beginning Fund Balance at 1/01/14 $ 1,641,079.28 ADD: Total Revenues 2,829,218.57 LESS: Total Expenditures 2,760,629.06 Ending Fund Balance at 12/31/14 $ 1,709,668.79 Net Increase to Fund Balance from 2014 Operations: $ 68,589.51 TB 2-23-2015 pg 9 Water Fund Beginning Fund Balance at 1/01/14 $ 1,633,344.36 ADD: Total Revenues 3,814,618.72 LESS: Total Expenditures 3,356,638.24 Ending Fund Balance at 12/31/14 $ 2,091,324.84 Net Increase to Fund Balance from 2014 Operations: $ 457,980.48 Sewer Fund Beginning Fund Balance at 1/01/14 $ 1,629,388.84 ADD: Total Revenues 2,745,398.28 LESS: Total Expenditures 2,189,989.74 Ending Fund Balance at 12/31/14 $ 2,184,797.38 Net Increase to Fund Balance from 2014 Operations: $ 555,408.54 Capital Proiect Funds Group Beginning Fund Balance at 1/01/14 $ 617,587.16 ADD: Total Revenues 3,102,499.75 LESS: Total Expenditures 2,784,268.62 Ending Fund Balance at 12/31/14 $ 935,818.29 Net Increase to Fund Balance from 2014 Operations: $ 318,231.13 Risk Retention Fund Beginning Fund Balance at 1/01/14 $ 1229226.97 ADD: Total Revenues 259108.56 LESS: Total Expenditures 59460.17 TB 2-23-2015 pg 10 Ending Fund Balance at 12/31/14 $ 141,875.36 Net Increase to Fund Balance from 2014 Operations: $ 19,648.39 Fire Protection Fund Beginning Fund Balance at 1/01/14 $ 774,433.70 ADD: Total Revenues 3,530,623.47 LESS: Total Expenditures 3,266,917.72 Ending Fund Balance at 12/31/14 $ 1,038,139.45 Net Increase to Fund Balance from 2014 Operations: $ 263,705.75 Lighting District Funds Group Beginning Fund Balance at 1/01/14 $ 8,202.19 ADD: Total Revenues 12,635.12 LESS: Total Expenditures 15,272.02 Ending Fund Balance at 12/31/14 $ 5,565.29 Net Decrease to Fund Balance from 2014 Operations: $ (2,636.90) Inlet Valley Cemetery Expendable Trust Fund Beginning Fund Balance at 1/01/14 $ 9,068.88 ADD: Total Revenues 6.94 LESS: Total Expenditures - Ending Fund Balance at 12/31/14 $ 9,075.82 Net Increase to Fund Balance from 2014 Operations: $ 6.94 TB 2-23-2015 pg 11 Debt Service Fund Beginning Fund Balance at 1/01/14 $ 425,798.64 ADD: Total Revenues 2,012,064.26 LESS: Total Expenditures 1,010,675.59 Ending Fund Balance at 12/31/14 $ 1,427,187.31 Net Increase to Fund Balance from 2014 Operations: $ 1,001,388.67 Now, therefore, be it Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all year end budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary, to close the financial records for the Town of Ithaca for the fiscal year ending December 31,2014. Pulled Item - Minutes The minutes will be reviewed and voted on at the next meeting. This brought up the topic of why draft minutes are posted online with the Agenda packet. Ms. Terwilliger responded that it was discussed at the RMAB meeting and then the Board when we moved forward with posting packets and anything discussed is supposed to be online. She added that we could treat them at intra-agency and not give them out until they are final if the Board would like. In the past we have been very open with giving draft versions of minutes with the indication that they are draft. 7. Review of Correspondence - Mr. Engman noted that the State came back with a modified speed limit adjustment on Hanshaw Rd; approving a reduction from 40mph to SOmph for a portion of Hanshaw Rd. 8. Consider Adjournment - meeting adjourned at 6:54 p.m. Submitted Paulette Terwilliger Town Clerk TB 2-23-2015 pg 12