Loading...
HomeMy WebLinkAboutTB Minutes 2010-04-26 Study Session of the Ithaca Town Board Monday, April 26, 2010 at 4 : 30 p. m . *, y � 215 North Tioga Street, Ithaca, NY 14850 Present: Supervisor Engman ; Councilwoman Leary ; Councilwoman Riha; Councilman Levine ; Councilwoman Hunter; Councilman DePaolo Staff: Jim Weber, Highway Superintendent; Jonathan Kanter, Director of Planning ; Bruce Bates , Director of Code Enforcement ; Judy Drake , Human Resources Specialist ; Alfred Carvill , Budget Director, Debra DeAugistine , Deputy Town Clerk Call to Order & Pledge of Allegiance Supervisor Engman called the meeting to order at 4 : 35 . Agenda Item,. No. 2 : Public Hearings for Five IC Noise Permits Supervisor Engman opened the public hearing at 4 : 35 p . m . Margie Malepe from Ithaca College was available for questions . No one wished to be heard . Supervisor Engman closed the public hearing at 4 : 36 p . m . Mr. DePaolo noted that the response in the neighborhood notification section of the applications indicated NA , which assumes that there is not any noise leaving the campus . Ms . Malepe responded that she didn 't complete all the applications herself, but that they do have a responsibility to notify neighbors ; they've contacted the South Hill Civic Association and another neighborhood association , and publish notices in the Journal and sometimes the radio as well . Agenda Item No. 2 a . Consider Approval of Noise Permits at Ithaca College for. 1 . Lag B'Omer Celebration on May 2" 4 : 00 — 9 : 00 p . m . 2 . End of the Year Barbecue on May 19t" 11 : 00 — 4 : 00 p . m . 3 . Commencement Eve Fireworks May 22 "d 9 :45 — 10 : 15 p . m . 4 . Commencement Procession May 23'd 9 : 00 — 11 : 00 a . m . 5 . Convocation Procession & Picnic August 23'd 10 : 30 — 2 : 30 p . m . TB RESOLUTION N0 . 2010-088a : Approval of Noise Permit Application Received from Ithaca College for Lag Worrier Celebration Moved by Councilwoman Riha ; seconded by Councilman DePaolo TB 04-26-2010 Page 2 of 18 WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday , April 26 , 2010 at 4 : 35 p . m . to hear all interested parties regarding an application received from Ithaca College for a Lag B'Omer celebration to be held on May 2 , 2010 from 4 : 00 to 9 : 00 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , with approximately 150 persons participating ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None TB RESOLUTION NO. 2010-088b : Approval of Noise Permit Application Received from Ithaca College for Year-End Barbecue Moved by Councilwoman Riha ; seconded by Councilman DePaolo WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday, April 26 , 2010 at 4 : 35 p . m , to hear all interested parties regarding an application received from Ithaca College for a Year End Barbecue to be held on May 19 , 2010 from 11 : 00 to 4 : 00 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , with approximately 400 persons participating ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and TB 04-26-2010 Page 3 of 18 WHEREAS , the entire community shall be notified. by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None TB RESOLUTION NO. 2010=088c ,* Approval of Noise Permit Application Received from Ithaca Coll r Ev College for Commencement e Fireworks Moved by Councilwoman Riha; seconded by Councilman DePaolo WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday , April 26 , 2010 at 4 : 35 p . m . to hear all interested parties regarding an application received from Ithaca College for Commencement Eve Fireworks to be held on May 22 , 2010 from 9 :45 to 10 : 15 p . m , to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , with approximately 400 persons participating ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; TB 04-26-2010 Page 4 of 18 NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None TB RESOLUTION NO. 2010= 088d : Approval of Noise Permit Application Received from Ithaca College for Commencement Procession Moved by Councilwoman Riha ; seconded by Councilman DePaolo WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday, April 26 , 2010 at 4 : 35 p . m , to hear all interested parties regarding an application received from Ithaca College for Convocation Procession to be held on May 23 , 2010 from 9 : 00 to 11 : 00 a . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , with approximately 10 , 000 persons participating ; and WHEREAS , this celebration involves the playing of music , which sound may not be confined to the Ithaca College Campus ; and WHEREAS , the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None TB 04-26-2010 Page 5 of 18 TB RESOLUTION NO . 2010-088e : Approval of Noise Permit Application Received from Ithaca College for Convocation Procession Moved by Councilwoman Riha ; seconded by Councilman DePaolo WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on Monday, April 26 , 2010 at 4 : 35 p . m . to hear all interested parties regarding an application received from Ithaca College for Convocation Procession to be held on August 23 , 2010 from 10 :30 to 2 : 30 p . m . to take place on the Ithaca College Campus , Campus Center Quad , 953 Danby Road , with approximately 2000 persons participating ; and WHEREAS , this celebration involves the playing of music, which sound may not be confined to the Ithaca College Campus ; and WHEREAS , the entire community shall be notified by press releases and placement on the Ithaca College Master Calendar; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal and notification made to nearby neighbors through notification to organizations that represent the neighbors such as the South Hill Civic Association and Neighbors of Ithaca College ; and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Noise Permit Application ; NOW THEREFORE BE IT RESOLVED , the governing body of the Town of Ithaca hereby approves said Noise Permit Application submitted by Ithaca College . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None Agenda Item No . 3 : Presentation by the Learning Web Executive Director Dale C Schumacher Mr. Schumacher expressed appreciation for the Town 's support . He described the two basic programs : the Community & Career Exploration & Apprenticeship Program (CEAP) and the Youth Outreach Program . CEAP deals with youth between 12 and 18 who are living at home or in custodial care . Participants are provided a variety of activities aimed at their interest areas : career exploration and tours of local businesses , introductions to employers and employees to act as mentors , and apprenticeships . The Joint Youth Commission program , part of CEAP , involves service learning . TB 04-26-2010 Page 6 of 18 Youth Outreach provides employment and education services for homeless kids 16 to 25 years old . There are 500 homeless youth in the county, although they generally migrate to Ithaca . This program focuses on housing , combined with employment and education through GEDs , training , and TC3 . They've done two extensive surveys of the homeless to find out what their needs and aspirations are . A unique characteristic is the housing scholarship program : 16 apartments scattered around Ithaca where kids can live for 12 to 18 months at a time without the burden of wondering where they will sleep . The program focuses on employment and education . One of the requirements of the program is that the kids be in school or employed 30 hours per week . Another requirement is a savings program that they can 't touch until they exit the program so that they can pay for their housing . The JYC program specifically deals with 90 youth from the Town of Ithaca , Village of Lansing , and Village of Cayuga Heights . It includes apprenticeships , one-on -one tours of businesses , and the service component , which happens three times per year. The service component is often a fundraising project and the funds raised are used to support another program the youth identify. In the summer section , the kids do community service every single day. There are 32 apprenticeships ; of that , 8 might be stipended (minimum wage) for kids who are harder to engage . These are not shadow apprenticeships , but hands-on . Kids from the apprenticeship program often choose that field as a career. The program creates in youth a good work ethic and program staff help youth negotiate their work arrangements . The Department of Social Services is involved in the state -mandated Life Skills program , which is for foster kids 14 to 21 . Other than that , they do not get involved with Learning Web programs , but they are connected , especially in providing services to homeless youth and through Section 8 vouchers . The homeless surveys were administered by kids , who also helped create the survey. First , they go through training and the Cornell human subjects program and then they are employed to give the survey. For each completed survey , they are paid $5 and a sandwich voucher for Short Stop ; participants also receive a sandwich voucher. Why are kids homeless ? Sometimes they are asked to leave home ; sometimes the parents are addicts ; many are substance users ; 50% are young parents . How do they identify the homeless? Through the survey, probation , school , outreach by case managers , and through friends of the homeless . They give information and referral to 600 kids per year; there are about 180 homeless kids engaged in the program . The main office and CEAP office are located at 515 W . Seneca ; Youth Outreach is at 330 W . State St . There is no group housing in the area , rather the scattered apartments , which operate within HUD guidelines . When kids have the responsibility for an apartment , they are not as likely to engage in bad behaviors . The apartments are leased to the Learning Web , not to the kids (the kids aren 't the renters) . Because of this , when things don 't work out , kids can simply be asked to leave instead of going through the eviction process . Substance abusers are not forced , but encouraged , to get help . The program will pay for voluntary therapy and rehab . TB 04-26-2010 Page 7 of 18 Education : since they are over 16 , the schools don 't care . The program helps them get LEDs and will send them to TC3 . The budget was discussed . Mr. Shumacher requested that he be informed of funding cuts as soon as possible so they can make adjustments . They would rather not cut programs even if they have to -tighten their belts . Agenda Item No . 3a : Discussion about Director of Planning Interview Committee This is not just an interview committee -- they will also evaluate staffing of the Planning Department and develop a job description . The Board discussed whether this would be an open meeting . Ms . Drake noted that since it is a committee , it is already an open meeting , and is therefore publicized . The Board agreed that the Planning Board chair (or his nominee) would be invited to be on the committee and at the next Town Board meeting , the committee membership will be determined . Mr. Engman , Mr. DePaolo , Ms . Hunter, and Ms . Leary expressed interest in being on the committee . Mr. Goodman , who was absent, will also be asked . Mr. Levine and Ms . Riha declined . Ms . Drake anticipates that the process will be similar to hiring a Town Clerk and Director of Public Works : the interview committee whittles it down to a few candidates , then the Town Board as a whole provides feedback. Agenda Item No. 4 : Presentation by Jonathan Lesser on Google Docs Mr. Bates explained that Mr. Lesser approached the Town about a class project for the Cornell ILR School . Ms . Carrier-Titti and Mr. Bates adapted the project to fit in with the direction Mr. Bates would like the Code Enforcement to move regarding digital records . Mr. Lesser explained that the project is for a course with Professor Jeff Cowie on Sustainable Ithaca . A big part of the course is the service learning project , where the students partner with an organization in the town . Mr. Lesser wanted to do a paper reduction effort with local government . He met with Ms . Carrier-Titti and Mr. Bates to spec the project . His goals were to digitize as many components of the building inspection process as possible and to reduce code enforcement's reliance on paper. He set up a system in Google Docs that allows code enforcers in the field to use their laptops to take notes that can simultaneously be accessed and edited by staff at the office , thereby doing away with the pages and pages of paper notes that need to be transcribed back at the office . The files are organized by building permit number. Planning and engineering staff can edit the notes , e . g . , with SWPPP reports . If there is a block on the project , its color is changed to red ; when the issue is resolved , it's changed back to black . Once a permit is closed out , it is printed out for the file . The digital file is also preserved . For security, when the laptop is closed , the program shuts down . Each user has a password ; if a laptop is lost , their account will be shut down . These are public records . TB 04-26-2010 Page 8 of 18 Next Steps : Mr. Lesser would like to introduce digitalization to every sector of Town Hall . Code enforcement would ultimately have a database system in which every single component of a permit from the physical folder in the archives room could be scanned and made accessible from any staff computer, including the Google Docs notes , the photos of the project , maps , everything . That system would not be online ; it would be a database in Town Hall . Other departments can be digitized as well . In Google Docs , folders can be created to store all files you upload for a particular project . Since all parties can access the files , the same person does not have to do all inspections on a project . Mr. Bates noted that staff are already scanning all the earlier permit applications and putting them in a folder, which can be referenced without going downstairs into the box . Return to discussion of Planning Interview Committee Ms . Hunter researched and read aloud the language governing when a legislative body can go into executive session : " . . . the medical , financial , credit , or employment history of a particular person or corporation on matters leading to the appointment , employment , promotion , demotion , discipline , suspension , dismissal or removal of a particular person or corporation . . . In light of this information , the interviews can take place in executive session and not in an open meeting . Ms . Drake noted that she had contacted Mr. Wilcox, who agreed to serve on an interview committee . Agenda Item No . 5 : Report of Town Officials There were no reports . Agenda Item No. 6 : Report of Town Committees Operations — Mr. Engman reported that the state has changed the law on fireworks , and the Town now has the option to adopt a law to permit or not to permit fireworks , whether pubic or private . He is looking into the consequences of not setting up a permit process . Would that exclude any fireworks or would it mean people will have to go to the state for a permit? He stated that the permitting and oversight could take a lot of staff time . Code enfo rcement would have to inspect the site beforehand and monitor it when it is set up . It would be burdensome . The Town would have to charge a lot of money to recoup our expenses . Most fireworks displays occur on weekends . Ms . Leary spoke in favor of allowing fireworks . It's dependent on cost and burden to the Town . Ms . Riha stated that it will be burdensome on the Town , and have an impact on the community. Fireworks are loud and almost always late at night . The operations committee was against allowing them . A new law might result in a lot more fireworks than there are now. One person 's pleasure is 1000 people 's displeasure . TB 04-26-2010 Page 9 of 18 Mr. Bates spoke with the Association of Towns . The bottom line is that you can either allow all fireworks that meet permit requirements or none at all -- if the Town allows it for one , they have to allow it for everyone , both public and private . The attorney general has made an interpretation that you cannot regulate fireworks via noise permits . The licensee has to provide a certificate of insurance . The Town has the authority to set the amount of liability insurance the licensee needs to carry, so it can be set higher than the state requires . Anyone who puts on pyrotechnic displays must be licensed . The training is extremely expensive and so the government gave the licensees the right to do private events in order to recoup their money. Ms . Hunter wondered whether the Town could subcontract out the inspection process . Mr. Bates did not know, but noted that the Town would have to pay that person , who would have to be a licensed code inspector. The Town would also have all the liability. Ms . Hunter noted that if we get the permit fee high enough , it would limit who could have fireworks . Mr. Bates and Mr. Engman reported that Ithaca College would like to proceed quickly with the College Circle expansion ; they plan to start construction this summer. The Building Department does not have the personnel to keep pace with the necessary inspections , and are looking for a process by which the Town could hire another code enforcer and charge the developer. If the developer cannot pay for an accelerated inspection , the job goes in the queue . Without this mechanism , the department will experience a large backlog and building projects will be delayed . This would require an amendment to a local law. Ms . Leary expressed concern that the Operations Committee is taking on more and more topics that may actually belong to other committees . Committees should have three Board members , which is what is specified in the Policies and Procedures manual . A committee that takes on so many issues should have full membership . She offered to serve on the committee . Mr. Levine asked the supervisor if he had any objections to Ms . Leary being on the operations committee . Mr. Engman responded at the organizational meeting , committees were set, and that it is a waste of time to constantly tinker with committees . Planning — Ms . Riha reported that the committee dealt with the Conifer proposal and couldn 't get far because Cornell 's presence will be integral to the conversation of a planned development zone , and they weren 't at the meeting . Mr. Kanter noted that a special meeting with Cornell and Conifer will be held on May 6 . Mr. Kanter reported that Ithaca Beer should be coming in with a proposal to the May planning meeting . He sent out a draft of the limited historic commercial zone regarding the Grippi property. Public Works — Mr. DePaolo reported that the committee had a meeting that was devoted to the Forest Home project . The committee will recommend that the project go out to bid as it is drawn ; there will be interaction with staff , the committee , and the public to tie up loose ends . He and Mr. Weber plan to visit the sites to get a better idea of how TB 04-26-2010 Page 10 of 18 to deal with the issues that come up , which will be discussed at the special meeting of May 10 . Personnel — Ms . Hunter reported that the Town has contracted with the electrical inspector [Chad Bruner] until a new employee can be hired . Ms . Drake noted that second interviews will be held on Wednesday. An employee at Public Works who is pursuing a master's in engineering at Cornell has requested that the Town increase the education reimbursement . The current reimbursement is $800 per year. This will require a full board discussion . Work continues on gathering data regarding what other municipalities pay their officials . Flex spending will be increased to $2500 , which is the state limit . Ms . Hunter expressed concern that the Policies and Procedures manual is not being followed if there are not enough board members assigned to the Operations Committee . Many issues assigned to the committee spark a lot of dialog at Board meetings . She stated that if there were more representation on the committee , the issues might not require so much at full Board meetings . She expressed discomfort that the board is not adhering to the board -adopted Policies and Procedures manual . Ms . Leary stated that the board did discuss Operations Committee membership at the organizational meeting and the supervisor ignored it , so she is not going to let it go . She reminded the board that they can set up citizens committees , which consist of Town Board members and non Bard members . Citizens committees were put into the manual because a previous supervisor was not involving the Town Board enough , and Mr. Engman and Mr. Stein came up with this method to get back on track. Board members can 't be told they cannot discuss things in meetings . Codes and Ordinances — Ms . Leary reported that they discussed two main issues : the sign law and how to encourage affordable housing in the town . Budget — Mr. Levine reported that the last meeting was devoted to the intricacies of the law of bonding as it relates to our strategy for funding water and sewer projects . Mr. Carvill noted that the Town doesn 't have a consolidated water and sewer district , but a ter and sewer improvement area . This falls under Article 12C , which requires a very specific process be followed , including extensive application to the state comptroller's office before we can move forward . The backlog is from 4 to 8 months . He is working with Susan Brock to set up a standardized process for all town projects . Mr. Weber noted that if the Town wants to accomplish any projects in 2011 , we have to start in September or October of 2010 or they won 't get approved on time . Comprehensive Plan — Mr. Engman reported that there 's a public hearing scheduled for May 11th for input into the Comp Plan . Ms . Hunter is co-chairing regional group meetings , which will start in June . TB 04-26-2010 Page 11 of 18 Employee Relations — Ms . Drake received the responses from the employee satisfaction survey. Interviews for the Planning Board seat will be held the 6th and 110th ; there are three candidates . Agenda Item No. 7 : Intermunicipal Organizations Cayuga Lake Intermunicipal Organization — Mr. DePaolo reported that the group will meet at Town Hall Thursday at 7 pm . Rec Partnership — Mr. Levine reported that they had their annual meeting . There 's nothing else like it in the country — 11 municipalities coming together to provide recreation . Ms . Hunter noted that this is because other places have county- run rec departments . Ms . Drake noted that there is a vacancy at Bolton Point for the production manager position . The personnel committee will interview the lead person at the plant, who has been in the position for 10 years and at Bolton Point for 26 years , then decide whether to appoint her or open the position up to the public . TCCOG = Mr. Engman reported that a small group is looking at cell towers . There 's been a lull in cell tower building , 'but with the rapid growth of new technology, the group thinks there will be a need for more cell towers . They have discussed identifying a couple of sites towers could be located and expediting the applications of firms willing to build in those locations . They are looking at interviewing three law firms to find one who will write a standard law for the county. Any interested towns would split the cost for developing the law; four towns have expressed interest so far. The firm would look at our individual laws and figure out what would work on a broader scale . Some places don 't want cell towers and others really need them because they don 't have coverage . TCCOG is also working on road laws and other elements of gas drilling . Agenda Item No. 8 : Consider Approval to Advertise for Bid for the Forest Home Traffic Calminq Project There is no bonding for this project . Mr. Engman stated that it was decided to pay for the project through fund balance , then apply to the state for reimbursement. TB RESOLUTION NO , 2010-089 : Authorization for the Advertisement for Bids for the Town of Ithaca Forest Home Traff ic Calming Phase I Improvements Moved by Councilwoman Riha ; Seconded by Councilman DePaolo WHEREAS , the Ithaca-Tompkins County Transportation Council ( ITCTC) Planning and Policy Committees , which coordinate federal transportation funding on a county-wide level , at their meetings on May 12 , 2009 , and May 19 , 2009 respectively, .approved an amendment to the Transportation Improvement Program (TIP) including the Forest Home Traffic Calming Phase I project construction at a total cost of $371 , 250 . This includes funds ( representing 20% of the total cost) . This was part of the TIP re- TB 04-26-2010 Page 12 of 18 distribution process that was made possible by the Tompkins County Warren Road project receiving Economic Recovery funds from the Federal government which freed up approximately $3 . 5 million in the TIP for other Federal eligible projects ; and WHEREAS , the Town Board of the Town of Ithaca at its regular meeting on June 8 , 2009 , authorized and directed the Town Budget Officer to establish the capital project fund for the Forest Home Traffic Calming Phase I project and make any and all necessary and appropriate budget and accounting transactions in establishing this project , the Town construction costs in an amount not to exceed $37 , 125 to be matched in an equal amount of $37 , 125 by Cornell University under the Cornell/Community Transportation Investment Initiative Program , and the Town Board of the Town of Ithaca authorized the Town Supervisor to sign an agreement with the New York State Department of Transportation ( DOT) to authorize and obligate the federal funds for the Forest Home Traffic Calming Phase I project , as stated in the amendment to the 2007- 2012 Transportation Improvement Program (TIP) approved by the Ithaca-Tompkins County Transportation Council ( ITCTC) at its Policy Committee meeting , and WHEREAS , the Town Board of the Town of Ithaca at a special meeting on June 11 , 2009 authorized the Town Supervisor to sign a contract agreement with McFarland Johnson for consultant design and engineering services to prepare the plans and specifications for the Forest Home Traffic Calming Phase I project construction , and WHEREAS , plans , specifications and bid documents have been duly prepared relating to the construction of highway improvements known and identified as the Town of Ithaca Forest Home Traffic Calming Phase I Improvements (hereinafter also referred to as "improvement") by McFarland Johnson , Inc . , Binghamton , NY ( Hereinafter also referred to as " Engineer") , a competent engineer duly licensed by the State of New York , which plans , specifications and related documents have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the NYSDOT Region 3 Plan and Program Management Group has reviewed the plans and specifications for the Forest Home Traffic Calming Phase I project construction and provided authorization to proceed with advertisement for bidding , and WHEREAS , pursuant to the New York State Environmental Quality Review Act (SEAR) and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that authorization of funding and construction of the Forest Home Traffic Calming Phase I project is a TYPE II action because it constitutes "installation of traffic control devices on existing streets , roads and highways 11 pursuant to 6 NYCRR § 617 . 5©( 16) , and Section 153 of the NY Vehicle and Traffic Law defines "traffic control devices" as "all signs , signals , marking , and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating , warning or guiding traffic" , and thus authorization of said Traffic Calming Phase I project and associated actions is not subject to review under EQRA; now, therefore be it TB 04-26-2010 Page 13 of 18 RESOLVED , that the Director of Public Works be authorized to advertise for and solicit bids for the construction of such improvement . A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None Agenda Item No . 8a : Approval and Authorization to Appropriate and Advance Monies from the General Townwide Fund to the Forest Home Traffic Calming Project — Phase 1 Mr. Carvil noted that the Town is guaranteed to be reimbursed by the federal government for the $297 , 000 TIP grant once the grant is submitted to the state . TB RESOLUTION NO, 2010= 090 : Approval and Authorization to Appropriate and Advance Monies from the General Townwide Fund to the Forest Home Traffic Calming Project — Phase 1 Moved by Councilman DePaolo ; Seconded by Councilwoman Riha WHEREAS : The Ithaca-Tompkins County Transportation Council ( ITCTC) Planning and Policy Committees , which coordinate federal transportation funding on a county-wide level , at their meetings on May 12 , 2009 , and May 19 , 2009 respectively , approved an amendment to the Transportation Improvement Program (TIP) including the Forest Home Traffic Calming Phase I project construction at a total cost of $371 , 250 . This includes funds ( representing 20% of the total cost) . This was part of the TIP re- distribution process that was made possible by the Tompkins County Warren Road project receiving Economic Recovery funds from the Federal government which freed up approximately $3 . 5 million in the TIP for other Federal eligible projects ; and WHEREAS : The Town Board of the Town of Ithaca at its regular meeting on June 8 , 2009 , authorized and directed the Town Budget Officer to establish the capital project fund for the Forest Home Traffic Calming project Phase I ect and make any and all j necessary and appropriate budget and accounting transactions in establishing this project , the Town construction costs in an amount not to exceed $37, 125 to be matched in an equal amount of $37 , 125 by Cornell University under the Cornell/Community Transportation Investment Initiative Program , and the Town Board of the Town of Ithaca authorized the Town Supervisor to sign an agreement with the New York State Department of Transportation ( DOT) to authorize and obligate the federal funds for the Forest Home Traffic Calming Phase I project , as stated in the amendment to the 2007- 2012 Transportation Improvement Program (TIP) approved by the Ithaca-Tompkins County Transportation Council ( ITCTC) at its Policy Committee meeting , and WHEREAS : The Town Budget Officer recommends appropriating $37, 125 from the General Town fund balance to meet the remaining funding obligation of the Town 's share ($58 , 525 minus the $21 , 400 which was funded in 2009) for the Forest Home Traffic Calming Project - Phase I , and TB 04-26-2010 Page 14 of 18 WHEREAS : The Town Budget Officer recommends a cash advance of $312 , 735 from the General Townwide Fund to fully fund construction costs of the Forest Home Traffic Calming Project — Phase 1 which will be paid back to the General Townwide Fund upon receipt of the TIP Grant totaling $297 , 000 plus $ 15 , 735 due from Cornell for their remaining share of project funds , therefore be it RESOLVED : That the Town Board approves , directs and authorizes the Town Budget Officer to record the appropriate budgetary and cash transactions to fund the Forest Home Traffic Calming Project — Phase 1 . Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : None Agenda Item No . 9 : Consider Approval of Budget Transfer of Engineering Intern and Work Study Accounts RESOLUTION NO , 2010-091 : Budget Transfer of Engineering Intern and Work Study Accounts Moved by Councilwoman Hunter; Seconded by Councilwoman Riha WHEREAS : The Town traditionally hires and appropriates funds for eligible work study students and non work study students ( interns) to work on specific projects ; and WHEREAS : In the 2010 budget the Town appropriated funds for only one intern position ; and WHEREAS : The Sr. Civil Engineer and Highway Superintendent have determined a need to hire one additional intern student ; and WHEREAS : The Highway Superintendent recommends a transfer of funds for the additional intern position from the work study expenditure line to the intern expenditure line ; now therefore be it RESOLVED : That this governing Town Board approves , authorizes and directs the Town Budget Officer to record the following budget transfer to the 2010 Town Budget : GENERAL TOWNWIDE FUND DEBIT ( FROM) A1410 . 406 Work Study 31760 . 00 CREDIT (TO) A1410 . 110 Intern 33492 . 00 A9030 . 800 Social Security 268 . 00 A vote on the motion was as follows : TB 04-26-2010 Page 15 of 18 Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : none Agenda Item No . 10 : Discuss Ulysses water situation Mr. Engman reported that there is a stalemate . Both towns passed what they thought was a fair resolution . What is the next step? Both supervisors think it's wise to have one more conversation about each side 's point of view. Ulysses wanted to pay back the amount owed and split the cost of the two=way meter. Mr. Levine noted that while they might thinks it's fair to split the cost, it should be explained to them that it would not be fair to require Town of Ithaca residents to pay for the ability to provide Ulysses residents with water. If the leak is on our side , it doesn 't matter: the purpose of the pipeline is to bring water to the Town of Ulysses . Mr. Engman noted that they built the tank that serves our residents on Woolf Lane , so the Town does benefit . Mr. Carvil responded that the Town of Ithaca got a water tank, but the Woolf Lane residents were already being served . Ulysses wanted to extend their water system , and the benefit to the Town was improved pressure for the residents of Woolf Lane . Mr. Weber questioned the validity of discussing which side the leak is on . He stated that all water mains leak ; it's an industry standard that you will have a certain amount of water leaking . Over the 8 miles of pipe in Ulysses , they' re losing 100 , 000 gallons of water per quarter; Ithaca is losing 18 , 000 gallons per quarter. The loss is proportional based on the length of the pipe . He heard unsubstantiated claims that they were losing 0 gallons of water when they tested the line to accept - it ; this is simply wrong since all pipes leak. There are many opportunities for leakage on the system , such as not shutting down hydrants property, which causes a slow, constant leak. What matters is the loss per mile of pipe . He wants the Ulysses board to understand the facts . Mr. Engman noted that Ulysses- had one person doing all of this : he was the town supervisor, he read the water meter, and kept the books . The Ulysses board is trying to unravel this and understand . Ms . Riha noted that this might be so , but the Town of Ithaca should not pay for Ulysses not doing the job right . Discussion ensued regarding whether a meter would provide any benefit to the Town . Mr. Weber stated the meter will only tell how much water is being delivered to Ulysses , and then how much water they are actually realizing through the billing process . We see that already based on the amount of water produced by Bolton Point versus the amount of water we sell to our customers . We lose it via flushing hydrants and through leaks and breaks . There was a problem at the Woolf Lane pump station just before Christmas , which generated their question . We documented it and said that we lost 100 , 000 gallons . The two-way meter will not benefit the Town as far as improving our water system , just clarifying and verifying . Mr. Weber said a meter will eliminate their ability to disagree with our assumptions . Mr. Engman thinks this back and forth will continue if there is no meter. TB 04-26-2010 Page 16 of 18 Mr. Carvill stated that this started because the Town of Ulysses was not paying their bills in full . Mr. Weber stated that the argument he heard from Ulysses was that since customer meter readings did not match the meter readings coming out of the Woolf Lane pump station , they were not paying for that difference . Ms . Riha noted that the readings wouldn 't have matched because there's leakage in the pipes ; that's why the Town adds a surcharge above Bolton Point . It was discussed that if it comes to a court case , Ithaca will win because the contract states they are responsible for the money. We have already agreed to forgive them the interest on the unpaid amount and not charge the rate stated in the contract . Mr. Levine said that it would be better for them to understand that this is a fair deal ; he volunteered to sit down with Ulysses for one more conversation , but would like technical backup . The Board discussed that this would not be a negotiation — it would be a meeting to provide information and explain the Board 's position as a matter of intermunicipal courtesy. Mr. Carvill requested that the bills to go out directly from Bolton Point , eliminating himself and Mr. Weber from being involved . Agenda Item No . 11 : Consider Amendment for the Post Office Lease This item was not discussed . Agenda Item No. 12 : Consent Agenda BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items : a . Approval of Minutes of April 12 , 2010 Town of Ithaca Abstract - pulled b . Approval for budget transfer for Community Garden A vote on the motion was as follows : Ayes : Engman , Leary, Riha , Hunter, DePaolo , Levine Nays : none TB RESOLUTION NO , 2010=092a : Town of Ithaca Abstract Motion made by Councilwoman Hunter; seconded by Councilwoman Riha 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 04-26-2010 Page 17 of 18 RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 8272 - 8340 General Fund Town wide 51 ,740.01 General Fund Part Town 31709.28 Highway Fund Part Town 26,822.06 Water Fund 13,223.51 Sewer Fund 39797.34 Forest Home Traff ic Calming Phase 1 61893.90 Warren Home Walkway 470. 00 Risk Retention Fund 400.00 Forest Home Lighting District 163. 45 Glenside Lighting District 62 .06 Renwick Heights Lighting District 86.58 Eastwood Commons Lighting District 178 .72 Clover Lane Lighting District 21 . 55 Winner's Circle Lighting District 62 .71 Burlei h Drive Lighting District 73. 13 Westhaven Road Lighting District 236. 55 Coddin ton Road Lighting District 140. 13 Trust and Agency 13775 . 00 TOTAL 109, 855 . 98 A vote on the motion was as follows : Ayes : Engman , Leary, Hunter, Riha , DePaolo , Levine Nays : None TB RESOLUTION NO. 2010=092b : Approval and Authorization to Transfer Budgeted Funds from Appropriation Account " Contingency" to Appropriation Account " Community Garden " for the Purchase of Needed Supplies and Other Garden Expenditures Moved by Councilwoman Hunter; Seconded by Councilwoman Riha WHEREAS : At the April 12th Town Board meeting various needs for the Town of Ithaca Community Garden was discussed , and WHEREAS : The Town Budget Officer has identified available funds in the Adopted 2010 Budget in the General Townwide Fund in the contingency budget line , and therefore be it RESOLVED : That the Town Board approves , authorizes and directs the Town Budget Officer to transfer $5 , 000 . 00 from budget line A1990 . 400 "contingency" to budget line TB 04-26-2010 Page 18 of 18 A7180 . 420 "community garden" for the purchase of various supplies and needs for the Town of Ithaca Community Garden . A vote on the motion was as follows : Ayes : Engman , Riha , Hunter, DePaolo , Levine Nays : None Abstentions : Leary AGENDA ITEM Pulled from Consent Town Board Minutes of April 12 , 2010 TB RESOLUTION NO . 2010- 093 : Town Board Minutes Motion made by Councilman DePaolo ; seconded by Councilman Levine WHEREAS , the Town Clerk has presented the minutes for the Town Board meeting held on April 12 , 2010 to the Town Board for review and approval ; now therefore be it RESOLVED , the Town Board does hereby approve for filing the minutes of the meetings held on April 12 , 2010 as amended . A vote on the motion was as follows : Ayes : Engman , Riha , Hunter, DePaolo , Levine Nays : None Abstentions : Leary Agenda Item No . 13 : Review of Correspondence None Consider Adjournment On a motion by Mr. Levine and seconded by Mr. Engman , the meeting adjourned at 8 : 18 p . m . Respectfully submitted , 2179 Debra De ugistine uty Town Clerk