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HomeMy WebLinkAboutTB Minutes 2010-11-08 Regular Meeting of the Ithaca Town Board Pr Monday, November 8 , 2010 at 5 : 30 p. m . 215 North Tioga Street, Ithaca, NY 14850 4 . Agenda 1 . Call to Order & Pledge of Allegiance 2 . Persons to be Heard and Board Comments 3 . City and County Official ' s Report 4 . 5 : 45 p . m . Public Hearing regarding the Columbia Street Bridge Sewer Interceptor Sewer Improvement Project a . Consider adoption of the Public Interest Order 5 . 5 : 55 p . m . Public Hearing regarding a Local Law amending Chapter 271 of the Town of Ithaca Code Titled Zoning : Special Land Use Districts , to change EcoVillage Planned Development Zone provisions regarding community centers and solar panels . a . Consider adoption 6 . Discuss and consider acceptance of the concept of sewer easements and placement for EcoVillage 7 . Consider promotional appointment of Director of Planning a . Consider approval of provisional appointment of Assistant Director of Planning 8 . Resolution of Appreciation for Marnie Kirchgessner 9 , Set Public Hearing re . : a Local Law amending/revising Chapter 112 , Titled "Animals" associated with Dog Control and Licensing changes from the State of New York 10 . Consider Referring Draft Local Laws Regarding Establishment of a New "Limited Historic Commercial" Floating Zone and Related Changes to Chapter 270 , Article XIII "Commercial Zones Generally" of the Town of Ithaca Code , and Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources and a New "Limited Historic Commercial" Floating Zone , to the Planning Board ( and Zoning Board of Appeals) for a Recommendation a . Set Public Hearing 11 . Consider referral of Belle Sherman Cottages (formerly Vines Street Cottages and Clover Lane Cottages) Draft Planned Development Zone ( PDZ) to the Planning Board for a Recommendation 12 . Consider adoption of resolution regarding Fireworks and Indoor Pyrotechnics 13 . Consider approval of the Johnson Controls Energy Savings Project Contract 14 , Consent Agenda a . Approve Town Board minutes of October 7th and October 18th 2010 b . Town of Ithaca Abstract c . Bolton Point Abstract d . Approval of Dental Insurance Renewal Proposal 15 . Report of Town Officials a . Codes — Update on Changes - New York State Fire and Building Codes 16 . Report of Town Committees 17 , Intermunicipal Organizations 18 . Review of Correspondence 19 , Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, being duly sworn , Town Clerk of the Town of Ithaca , Tompkins County , New York say that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT. Town of Ithaca Notice of Public Hearings Town Board Budget Meeting - Preliminary Budget Regular Meeting - EcoVillage PDZ and Columbia St . Joint Interceptor Replacement Sewer Improvement Date of Publication : Wednesday, October 27 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Tuesday, October 26 , 2010 aJAOil Paulette Terwilliger Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 28th day of October, 2010 4cNo'ta public Debra DeAuglstine Notary Public - State of New York No. 01DE6148035 oualified in Tompkins county * Commission Expires June 19, .1 r N EfREFORE IT;IS ,.i T_ OWN OF ITHACA ' ,HEREBY,o- RDERED, .by t Town Board of the Town of Notice of Public Ithaca, Tontplans County, Hearings'' New York, as'follows: {• TOwo-Board' '' ,' . ISeotion 1.. , A%public S hall be held by Town i r Budget ; Maetmg ;, on 8pard of.the Town of ltha- I G, November 4 � '2610 "�' Tompkins County' New 1 starting it 5:30 p.m., '- Con . .• york at the Town Hall, 21,5' � tinuatwn of Public Hearing - a s :''North Tioga Street 'initha- y regardytgf the • proposed ca, New ' York, in said ` '264 t Preliminary Budget "s. . ' � Torun ott',the 8th day of t,{ November 2010 at 5:45 fisgular ' Meeting on 1 o clock P M prevailing 1 a , November 8 201A t , Time to consider th afore 5:55 p:m Public Hearing i said plan, report ano map, ' to. Consider a Local Lau✓! tamed within. ttie Village of.}fncludtng. estimate of :ost, I Amending Chapter -271 oft•Cayuga Heights; and•, and the queatw r if proad=s the. Town of Ithaca Code WHEREAS, ' the proposed ,ing the Improvement, end Titled Zoning: 'Special`Land l rlprovement' cons sts of.to hear all persons idtereW` Use Districts, d to !Change t the' sewer ;improvemt9nts ad in the subject thereof t EcoViilage Planned' Devel seta forth below, and as concerning the same end to opment Zone Provisions rhore parheulady shown take such sell n thereon as ,Regarding and-descnbedjn"said- plan, isrequ'iedbylaw. tern and Solar Panels •and - report and :map presently Sectio62. 'The Town on, file in the offfce `.of the, Clerk is .hereby authorized 545 , pm At a• regular ,-Town Clerk: ' - and directed to cause , a meeting. of the Town Board The replacement of an ex- op`y of this. Order with e 3 of the Town of .fthaca isting 323 foot:long 18 m Notice 'of Adoption to . be 11 Tompkins County; Newt sulated sanitary- sewer in ublisfied on0e in the offi-,A York, held at the Town 01 e➢ teroeptor located on the. cial newspaper, and also to { f 215 North Tioge Street •m Colombia StrI 1 1 . 1estnan ' ost a `copy th'e`reof on the J Ithaca, New York ,in said Bridge with 323 feet of a ,own signboard maintained, E Town. 'on the 18th day of new 18'insulated sanitary •by the Town Clerk, not less October, 2010 at 7:60-- sewer interceptor Pt the than ten (10) nor more than o'clock P M Prevailing same location to oonjunc- t Itwenry (20) days before the Time. tion. with , the Cpwmbia nday designated for the I. Street Pedestrian GBridge hearing as aforesaid, all in f ORDER SETTING'•. PUBLIC'. replacement. project, to- '1accorden`ee with the provi i HEARING gether with related ancillary f lions of Section 209-q of In the Matter of,'. A Pro cilihes ' The Columbia the Town Law. posed Sewer` I ngrov@ment Street Pedestfian Bridge is 'This This . Order F I -in: the ' Town; of 'Ithaca, located near the imersec- shall take effect immediate c Tompkins • County New tion of Coldmbia Street and York,: pursuant to Article Gees Street on' one end The question of the adop- n 12-C of the Town' law, to and Quarry ;Street South lion of the foregoing Order n be known as the Town of a?rid ferr s Place on the otfi was dui put: to -a vote con i Ithaca Cdumbid :8t. Joint er el m th'e city oflthaca; ' roil call which resulted as H Interceptort . Replacement ew York 'and ; follows: Moved - Bill Sewer Im rovement HEREAS., the in p Goodman, Seconded ' Rich 64 :p� proposed to be expended ' { DePaoto WHEREAS, 'a plan :re by the Town of Ithaca-for I g rvtsor, P Herb En man Salmi and map including an at the aforesaid Improvement Aye; Bill Goodman, 'Coun - t mate of cost, •have bee 'is $23$575.22. the pro- ! cilm�n Aye Eric Levine;_ t duly prepared in such man posed method of financing Councilman. Aye; Tee-Ann < nor and 'in" 866h . detali 'asrto be employed by said Hunter, Councilwoman; S has heretofore been deter-I'lown of Ithaca consists of 4. Aye; Pat Leary; Council. a mined by the Tov,At, @oard{temporary financing under ; ,woman Aye;. Rich. t of the Town -of Ithaca„a bond anticipation note, DePeolo, Councilman Aye; .9 Tomptdnstj C9unry N&uand upon robtuoty cil' the_ !'and Eric Levine, Council- , , +York t relatiq§ tat the creaµbond anticipatfojt note, the ai tion• and construdooht purAssuance of serial bonds of 4 S 11 suant. to Miele 12-C of thelsatd Town of It to me- of man, A e The Order was S eI Town Law , of `sewer sys- lure in annual installments , Y tem improvements to` be over a peddd not to exceed` I I thereupon declared duly mown and i4entified as 'the`k years, such'bonda to be I ' adopted. I T+ywn of Ithaca, Colurtibia,oaid from assessriments lev ed u on and collected from` �i Information on _ any of the'0 St Joint Interceptor FIB-, P - Public Hearings. is ,available t placement Sawa , =1f a several lots and paroels . meat, and here nafter also 9f land in said Town of lEha- f a� 21514 Tiogae$ts`dunng�,I_ -+eferred - to' .as. 'Improve- is ,sewer system benefited I Iat 215 business ?hours or,"'. merit,' to , provide such Irea which are deemed 4 t 4 rcuaf" Improvement inciud- )enefited by said, Improve, € by Calling us at. 273-1721 ,ingextensions, to. the Ares- Went, so • much upon : and - ; k }'aufetteTerwllltg_ er- 1 enh Town ' sewer improve- Tom each ;as shall be in Town Clerk _ >I ment such sewer system•ttst pl'oporMl to the �dtober27, 2010 Improvement ao be jointly mount of the benefit which constructed. and jointly.. a Improvement shallcon- I owned by the Town;of Itha= r upon the' same, and ' ^I -ca and. the,.Ciry .4) OIthaca�- HEREASI it,-is.- .now - de- and , : Ired to call a public hearing WHEREAS 'said plan re'' or the.,purpose of consid- j I port and map, inclurng es ring said ,pJan report2nd`I timate, of, cost, ;were pre ap, including esti mate of pared by, a competent epgi- 'cyst and, 'the prow d rig of ? i neer, duly licensed by the'th Im�rovemenY ,•and to•! State ot , a Yotk and hear, etl ;pe fit sons interested: ] have bee . filed:I the office','m the subject thereof con- t f of the Town Clerk' of said- earning fhe same; all n ac- r Town, where the same' ari cordance .w th' the prow - available during regular of,i Sion s of�Section 209,8 of"l i -h od blcinspecrthe . ce E u tNoHnanREAS, the Townlaw,, yam ,. area" of, `said Town determined-td. ., 'be benefited; by . said Town i of Ithaca Columbia St. Joine`Ol iO ' Interceptor' T Repla"ementi Sewer Improvement 'con-t r t sists of the entire area of said Town " exceptIng� u therefrom the; area ton- TOWN OF ITHACA Notice of Public Hearings Town Board Budget Meeting on November 4, 2010 starting at 5 : 30 p .m. — Continuation of Public Hearing regarding the proposed 2011 Preliminary Budget Regular Meeting on November 8, 2010 : 5 :55 p.m. Public Hearing to Consider a Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts , to Change EcoVillage Planned Development Zone Provisions Regarding Community Centers and Solar Panels , and 5 :45 p.m. 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 18`h day of October, 2010, at 7 : 30 o'clock P.M . , Prevailing Time , ORDER SETTING PUBLIC HEARING In the Matter of A Proposed Sewer Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Columbia St. Joint Interceptor Replacement Sewer Improvement 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 creation 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 Columbia St. Joint Interceptor Replacement Sewer Improvement, and hereinafter also referred to as "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, and WHEREAS , said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town , where the same are available during regular office hours for public inspection, and WHEREAS , the area of said Town determined to be benefited by said Town of Ithaca Columbia St. Joint Interceptor Replacement Sewer Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS , the proposed Improvement consists of the sewer improvements set forth below, and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The replacement of an existing 323 foot long 18 " insulated sanitary sewer interceptor located on the Colombia Street Pedestrian Bridge with 323 feet of a new 18"insulated sanitary sewer interceptor at the same location in conjunction with the Columbia Street Pedestrian Bridge replacement project, together with related ancillary facilities . The Columbia Street Pedestrian Bridge is located near the intersection of Columbia Street and Giles Street on one end and Quarry Street South and Ferris Place on the other end, in the city of Ithaca, New York, and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid Improvement is $238 ,575 . 22 . The proposed method of financing to be employed by said Town of Ithaca consists of temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years , such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca sewer system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan, report and map, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law ; NOW, THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows : Section 1 . A public hearing shall be held by Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall , 215 North Tioga Street, in Ithaca, New York, in said Town, on the 8th day of November, 2010, at 5 : 45 o ' clock P.M . , Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law . Section 2 . The Town Clerk is hereby authorized and directed to cause a copy of this Order with a Notice of Adoption to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten ( 10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law . Section 3 . This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call , which resulted as follows : Moved — Bill Goodman, Seconded — Rich DePaolo Herb Engman , Supervisor, Aye ; Bill Goodman, Councilman, Aye ; Eric Levine, Councilman, Aye ; Tee-Ann Hunter, Councilwoman, Aye ; Pat Leary, Councilwoman, Aye ; Rich DePaolo, Councilman, Aye ; and Eric Levine, Councilman , Aye The Order was thereupon declared duly adopted. Information on any of the Public Hearings is available at the Town Clerk ' s office at 215 N. Tioga St. during normal business hours or by calling us at 273 - 1721 Paulette Terwilliger Town Clerk October 27 , 2010 TBR 11 -8-2010 F$ °F Regular Meeting of the Ithaca Town Board Monday, November 8 , 2010 at 5 : 30 p. m . 215 North Tioga Street, Ithaca, NY 14850 Y _ Minutes Board Members Present : Herb Engman , Bill Goodman , Pat Leary , Eric Levine , Rich DePaolo , Tee-Ann Hunter and Susan Riha Staff Present : Bruce Bates , Code Enforcement ; Susan Brock, Attorney for the Town ; Judy Drake , Human Resources ; Jonathan Kanter, Planning ; Paulette Terwilliger, Town Clerk' s Office ; Jim Weber, Public Works Absent : Al Carvil , Finance Call to Order & Pledge of Allegiance Mr. Engman opened the meeting at 5 : 33 p . m . Representatives for the Johnson Control item and the Youth Program item were expected and the agenda was adjusted accordingly . Persons to be Heard and Board Comments — There was no one wishing to address the Board at this time . Mr. Engman congratulated Mr. Nahmin Horwitz on his election to the Town Board effective in January. City and County Official 's Report — Mr. Dan Coggin reported from the City on the following points of interest : • Budget passed • Fire Department Chief search stretching into 2012 • Free 1 hour parking not being eliminated at this time . • Charter revision committee work to streamline the city government • Redistricting discussions starting to address getting a broader and fuller pool of candidates for public service • Industrial Development Agency looking at new pilot programs to capture new taxes and direct them to specific goals/projects such as senior housing , affordable housing etc . Board Questions Mr. Engman asked about the redistricting effort and commented that the Town 's "at large" elections seem to help the board look at the town as a whole instead of individual sections and agendas . Mr. Coggin responded that there is some concern that minority groups would have less of a voice in government with "at large" districting . Mr. DePaolo talked about the Town wanting to form an intermunicipal effort to discuss West Hill issues with the City and he had not heard back from officials he had Page 1 of 21 TBR 11 -8-2010 contacted . Mr. Coggin responded that he is on the City's Planning Committee and he would put it on their agenda and get back to Mr. DePaolo . 5 : 45 p. m . Public Hearing regarding the Columbia Street Bridge Sewer Interceptor Sewer Improvement Project Mr. Engman opened the public hearing at 5 : 54pm Mr. Weber noted that representatives from the City were available for questions and that a copy of the report was on the board ' s desks with a diagram of the contributing area for the receptor and what sections of the town are part of that . There was no one wishing to address the Board on this topic and the public hearing was closed at 5 : 55 p . m . and the matter brought to the Board . The draft resolution was moved and seconded for discussion . Ms . Riha asked Mr. Weber if the project was necessary and Mr. Weber responded that we are under contract with the City to be involved in these types of repairs and the timing of the replacement is due to the repairs to the bridge that are needed now. Mr. DePaolo asked if the replacement schedule has been accelerated due to the bridge repairs . Bill Gray, Commissioner of Public Works for the City of Ithaca responded and talked about the difficulties involved in the inspection and evaluation of the sewer system because of the placement , size and construction of the bridge and surrounding water/sewer infrastructure . We essentially are bound by our topography when even thinking about a change to avoid the bridge and a delay is not feasible or recommended . Mr. Weber agreed . Changes were made to the resolution to indicate the joint ownership and construction project between the City and the Town . 5 : 55 p. m . Public Hearing regarding a Local Law amending Chapter 271 of the Town of Ithaca Code Titled Zoning : Special Land Use Districts, to change EcoVillage Planned Development Zone provisions regarding community centers and solar panels Mr. Engman opened the public hearing at 6 : 06 p . m . There was no one wishing to address the Board on the topic , and the public hearing was closed . Mr. DePaolo asked Staff what kind of hoops the general public/citizen would have to navigate to effect these same rights regarding heights and solar panel placement . Mr. Kanter responded that the process is the same , and residents would have to go through the SEQR process with the Zoning Board of Appeals . Mr. DePaolo was concerned that we are applying our standards equally and Staff stated that we are . Discussion followed . Motion was put to a vote with Mr. Goodman abstaining . TB RESOLUTION NO . 2010= 204 : Resolution Adopting "A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE , TITLED ZONING : SPECIAL Page 2of21 TBR 11 -8-2010 LAND USE DISTRICTS , TO CHANGE ECOVILLAGE PLANNED DEVELOPMENT ZONE PROVISIONS REGARDING COMMUNITY CENTERS AND SOLAR PANELS" WHEREAS , EcoVillage at Ithaca has submitted a proposed local law to the Town Board of the Town of Ithaca to amend Planned Development Zone No . 8 regarding community centers and solar panels , and WHEREAS , the proposed local law would ( 1 ) allow dwelling units in community centers , (2 ) authorize the Planning Board to grant special permits for community center buildings with a height in excess of 40 feet but not to exceed 60 feet in height , and (3) allow the installation of solar panels without having to obtain site plan approval from the Planning Board as long as all other requirements of the Zoning chapter for solar panels are met , and WHEREAS , this request is in conjunction with the proposal by the Third Residential EcoVillage Experience (TREE ) to develop a 30 unit cohousing neighborhood at EcoVillage , located on Rachel Carson Way off of Mecklenburg Road ( Route 79) , and WHEREAS , at its September 13 , 2010 meeting , the Town Board discussed EcoVillage ' s proposed local law and referred it to the Town of Ithaca Planning Board for a recommendation , and WHEREAS , at its October 5 , 2010 meeting , the Planning Board , acting as Lead Agency in a coordinated environmental review , made a negative determination of environmental significance pursuant to the New York State Environmental Quality Review Act , recommended that the Town Board enact the proposed local law , and granted preliminary subdivision and preliminary site plan approvals for the TREE neighborhood , and WHEREAS , at its October 18 , 2010 meeting , a resolution was duly adopted by the Town Board for a public hearing to be held by said Town on November 8 , 2010 at 5 : 55 p . m . to hear all interested parties on the proposed local law entitled "A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING : SPECIAL LAND USE DISTRICTS, TO CHANGE ECOVILLAGE PLANNED DEVELOPMENT ZONE PROVISIONS REGARDING COMMUNITY CENTERS AND SOLAR PANELS " , and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; 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 local law, or any part thereof , NOW , THEREFORE , be it Page 3 of 21 TBR 11 -8-2010 RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled " A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING : SPECIAL LAND USE DISTRICTS, TO CHANGE ECOVILLAGE PLANNED DEVELOPMENT ZONE PROVISIONS REGARDING COMMUNITY CENTERS AND SOLAR PANELS" , a copy of which is attached hereto and made a part of this resolution , and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law . MOVED : Susan Riha SECONDED : Rich DePaolo VOTE : Ayes : Engman , Levine , Leary , Riha , DePaolo and Hunter Abstention : Goodman Motion passed . Discuss and consider acceptance of the concept of sewer easements and placement for EcoVillage There were no questions or comments from the Board . Motion put to a vote with Mr. Goodman abstaining . Mr. Goodman thanked the Board for their support and announced a book release party for Ms . Walker "Choosing a Sustainable Future : Ideas and Inspiration from Ithaca New York" and he loaned his copy to the Town library . TB RESOLUTION NO . 2010-205 : Acceptance of Concept and Location of Proposed Dedication of Sewer Line and Easement in Conjunction with the Third Residential EcoVillage Experience (TREE), Rachel Carson Way. WHEREAS , the Town of Ithaca Planning Board has granted Preliminary Subdivision and Site Plan Approval for the proposed Third Residential EcoVillage Experience (TREE ) project located off Rachel Carson Way , Town of Ithaca Tax Parcel No . 's 28- 1 -26 . 22 , 28 - 1 - 18 , 28- 1 -26 . 82 and 28- 1 -26 . 84 , Planned Development Zone No . 8 . The proposal consists of the development of a third residential neighborhood which will include 22 single family homes , 14 +/- carports/garages , 23 +/- surface parking spaces , and a common house that includes space for community functions along with 8 apartments , 2 visitor/guest rooms and 4 offices for residents . The project will also include a new village green , additions and improvements to Rachel Carson Way, and new stormwater facilities and utilities . EcoVillage at Ithaca , Inc . , Owner/Applicant ; Liz Walker, Organization Manager, Agent ; and WHEREAS , the applicant for the above - referenced development has proposed to dedicate to the Town of Ithaca an extension of the public sewer line and easement , as shown on TREE site plan drawings C105 ( Utility Plan ) and C202 ( Details) , prepared by T . G . Miller P . C . , dated 8/20/ 10 and revised 10/27/10 ; and Page 4 of 21 TBR 11 -8-2010 WHEREAS , the Town of Ithaca Public Works Committee , Town Engineering staff , and Director of Planning have reviewed the plans for the above improvements proposed for dedication to the Town , and have found them generally acceptable ; now THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the concept and location of the above-described improvements , subject to the following conditions : 1 . That the specific surveyed location , deed , and abstract showing good and marketable title for the proposed improvements and easement be submitted in a form acceptable to the Attorney for the Town of Ithaca , Director of Public Works , and Director of Planning for the Town of Ithaca , prior to dedication and acceptance of the improvements by the Town Board ; and 2 . That Final Subdivision and Site Plan Approvals be granted by the Town of Ithaca Planning Board , prior to the Town Board accepting the conveyance of said improvements and easement; and 3 . Completion of the sewer line extension , to the satisfaction of the Town of Ithaca Director of Public Works , prior to the acceptance of said improvement by the Town Board . MOVED : Susan Riha SECONDED : Tee -Ann Hunter VOTE : Ayes : Engman , Levine , Leary , Riha , DePaolo and Hunter Abstention : Goodman Motion passed . Youth Programming Presentation/Review/Explanation Nancy Zahler, Tompkins County Youth Services Director, Amy Hendrix , Incoming Director and Ken Schlather, Executive Director from Tompkins Cooperative Extension Ms . Zahler gave a history and explanation of the Youth Programs . Very confusing with different funding streams between the County, the State and the Town and different programs with different funding streams and oversight . Discussion followed . Mr. Schlather then explained the T,C Cooperative Extension 's involvement and process for submitting programs and their budget process . He also described some of the programs and/or activities and the target children group (s) . Discussion followed . Some Board members were concerned about the political aspect of the funding and the message that covering the County's shortfall would send the legislatures . There was a lot of discussion regarding that . Ms . Hunter referred to an invoice and asked how the Board could tie specific activities or products to a specific invoice . Mr. DePaolo followed with a request for a details on Page 5of21 TBR 11 -8-2010 whether the programs work and how many youth from the Town were or are served . The Board wanted to understand the real numbers ; costs vs success , cost vs Town youth served etc . Mr. Schlather stated that he could get some of that information for the Board but he did not have it with him at this point . Discussion followed . In summary, the Board asked for more detail and thought a small committee should be formed to look at the issue in depth and figure it out . Discussion then turned to what should be done at this moment regarding the additional funding and the process that funding should take because the Town 's budget has already been adopted and there are legalities involved . Mr. Engman made a motion for a resolution of intent to support the additional funding . TB RESOLUTION No . 2010-206 : Resolution of Support for the Intermunicipal Youth Program RESOLVED that the Town Board hereby indicates its intent to support the Intermunicipal Youth Program at an additional $ 15 , 000 for the Joint Youth Commission . Programs if the new Town Board in January votes to allocate the monies . Moved : Herb Engman Seconded : Rich DePaolo Vote : Ayes : DePaolo , Engman and Goodman Nays : . Riha , Leary , Hunter and Levine Motion failed 3 to 4 . Consider approval of the Johnson Controls Energy Savings Project Contract Mr. Engman explained that the percentages have changed slightly and the approval by the Attorney for the IAWTP was added . There was a question about the first resolved clause and minor changes were made to the resolution to specify Johnson Controls as the company being awarded the contract . TB RESOLUTION No . 2010- 207 : Approval of the Johnson Controls Energy Savings Project WHEREAS the Ithaca Area Wastewater Treatment Plant' s Special Joint Committee entered into an agreement with Johnson Controls to develop a performance contract for the Special Joint Committee's municipal partners ' consideration on June 12 , 2009 based on capital improvements which produce energy savings from lighting system modifications , installation or upgrades to energy management systems , energy efficiency improvements to the building envelope , HVAC systems , and replacement of the digester mixing equipment , cogeneration facility , heat exchanging equipment , boilers and aeration blowers and dissolved oxygen control systems , and Page 6 of 21 TBR 11 -8-2010 WHEREAS a Request for Proposals entitled " Energy Savings Performance Contract for Ithaca Area Wastewater Treatment Facility" was issued on September 2 , 2010 , and WHEREAS Johnson Controls , Inc . responded and met all stipulated requirements of the aforementioned RFP , and WHEREAS the identified facility improvement measures included in the performance contract will reduce energy consumption at the facility by 69% and reduce the facility green house gas emissions by 961 tons of carbon dioxide per year, and WHEREAS Johnson Controls has submitted a proposed program of improvement and draft performance contract for review consisting of approximately $8 . 03 million in improvements or modifications under a contract that guarantees a specified level of energy savings over the period of the contract ( 15 years) , and WHEREAS approximately $6 . 9 million of the identified improvements are improvements that would need to be made within the next five years to replace aging digester gas storage , cogeneration , aeration blowers , dissolved oxygen controls and boiler equipment and infrastructure at the facility, and WHEREAS the facility improvements associated with the building envelope and HVAC systems and the purchase of a 5 kW photovoltaic solar panel are being funded by a $406 , 179 NYSERDA grant , and WHEREAS the Special Joint Committee approved the project in concept at their March 10 , 2010 meeting , Now, therefore , be it RESOLVED that as a qualified respondent selected by IAWWTF staff , Johnson Controls Inc is approved by the town of Ithaca as one of the partners for development of the performance contract , and be it further RESOLVED that the Town of Ithaca as one of the partners hereby authorizes the Ithaca Area Wastewater Treatment Facility Energy Improvements in an amount not to exceed $8 , 030 , 000 , and be it further RESOLVED that the Ithaca Area Wastewater Treatment Facility staff is hereby authorized to negotiate a final contract with Johnson Controls Inc . based on this resolution and that the Town Supervisors of the Towns of Ithaca and Dryden and the Mayor of the City of Ithaca be authorized to sign the contract , and be it further RESOLVED that in accordance with the final performance contract to be negotiated between the partners and Johnson Controls upon the approval of the attorney for the IAWWTP , funding for said project minus the $406 , 179 NYSERDA grant award will be made through a municipal lease negotiated by the City Controller' s Office , the issuance Page 7 of 21 TBR 11 -8-2010 of Serial Bonds based on the following schedule which are to include interest rates as stipulated by the City of Ithaca Controller, or by the individual owners ' own funding mechanisms Municipality Percentage Project Cost City of Ithaca 57 . 408% $49374961532 Town of Ithaca 40 . 686% $3 , 1001362 . 31 Town of Dryden 1 . 906 $ 145 , 241 . 37 $7 , 620 , 219 . 00 And be it further RESOLVED , in accordance with the final performance contract to be negotiated between the partners and Johnson Controls , that the guaranteed energy savings and cost avoidance to offset the project funding costs are as follows : Municipality Percentage Project Cost City of Ithaca 57 . 14% $51619 , 270 . 13 Town of Ithaca 40 . 88% $39982 , 469 . 78 Town of Dryden 1 . 98% $ 186 , 565 . 09 $997889305 . 00 MOVED : Rich DePaolo SECONDED : Bill Goodman VOTE : Ayes : Engman , Goodman , Hunter, DePaolo , Leary , Levine and Riha Motion passed unanimously Consider referral of Belle Sherman Cottages (formerly Vines Street Cottages and Clover Lane Cottages) Draft Planned Development Zone ( PDZ) to the Planning Board for a Recommendation Ms . Hunter was interested in the language that stated that the developer would "pursue" rather than "achieve" LEED certification and wondered if there were specific reasons they felt they would not achieve the rating . Mr. Millman , Project Director, responded that the reason the language is in there is because it is up to a 3rd party to determine whether the certification is granted and there is a lot of leeway involved and it is subjective so they did not want to be dependent on that subjective review for approval . He added that they felt confident they would , but wanted the language to protect themselves . TB RESOLUTION NO, 2010- 208 : Refer Belle Sherman Cottages (formerly Vine Street Cottages, then Clover Lane Cottages) Draft Planned Development Zone (PDZ) to the Planning Board for a Recommendation WHEREAS , the Town of Ithaca Planning Committee met on July 14 , 2010 to discuss the Vine Street Cottages proposal , consisting of up to 22 single-family houses and 10 attached townhouse units on 3 . 4 +/- acres located on Mitchell Street, and voted unanimously to recommend that the Town Board consider referring the Vine Street Page 8of21 TBR 11 -8-2010 Cottages concept plan to the Town of Ithaca Planning Board for sketch plan review and preliminary comments , and WHEREAS , the Town Board of the Town of Ithaca on July 26 , 2010 referred the Vine Street Cottages concept plan to the Town of Ithaca Planning Board for sketch plan review and preliminary comments (TB Resolution No . 2010- 134) , and WHEREAS , the Planning Board met to discuss the above- referenced Vine Street Cottages concept plan on August 3rd and August 17th , 2010 , during which the Board invited the public to make informal comments regarding the concept plan , and WHEREAS , the applicant submitted revised concept plans (with the new name of Clover Lane Cottages) to the Planning Board , including modifications to the access and circulation plans , stormwater management concepts , and reduced number of residential lots , and the Planning Board on September 21 , 2010 reviewed the revised concept plans , allowed the public to comment further on the revised plans , and the Planning Board indicated its general support for the revised Clover Lane Cottages concept plans , and WHEREAS , the Town of Ithaca Planning Committee met on October 21 , 2010 to review and discuss the revised Clover Lane Cottages proposal and draft Planned Development Zone (October 4 , 2010 Draft v. 6 - "Local Law to Amend Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Clover Lane Cottages Project") , now consisting of 19 single -family houses and 10 attached townhouse units on 3 .4 +/- acres located on Mitchell Street , and WHEREAS , the Town of Ithaca Planning Committee at its meeting on October 21 , 2010 unanimously supported the concept of the revised Clover Lane Cottages and draft Planned Development Zone (October 4 , 2010 Draft v . 6) as further revised at the October 21 , 2010 Planning Committee meeting , and recommended that the Town Board refer the revised Clover Lane Cottages draft Planned Development Zone (October 4 , 2010 Draft v . 6 as modified at the October 21 , 2010 meeting) to the Planning Board for a recommendation and to begin the in -depth review of the proposed Clover Lane Cottages development plans , and WHEREAS , the applicant has submitted , a revised draft of a Planned Development Zone (October 27 , 2010 Draft v. 7) including the revisions discussed at the October 21 , 2010 Planning Committee meeting , and with a further change in the name of the project ( now known as Belle Sherman Cottages) , now, therefore , be it RESOLVED , that the Town Board of the Town of Ithaca hereby refers consideration of the proposed draft " Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project" (October 27 , 2010 Draft v. 7 to the Town of Ithaca Planning Board for a recommendation and to begin the in -depth review of the proposed Belle Sherman Cottages development plans . Page 9 of 21 TBR 11 -8-2010 MOVED : Susan Riha SECONDED : Bill Goodman VOTE : Engman , Goodman , Leary, Hunter, DePaolo , Levine and Riha Motion passed unanimously Consider promotional appointment of Director of Planning TB RESOLUTION NO . 2010= 209 : Promotional Appointment of Director of Planninq WHEREAS , there will be a vacancy in the full time position of Director of Planning due to the retirement of Jonathan Kanter on December 31 , 2010 ; and WHEREAS , the Planning Department Review Committee determined through interviews , peer to peer input and evaluation that Susan Ritter, Assistant Director of Planning , possesses the necessary knowledge , skills and ability to perform the duties of the Director of Planning ; and WHEREAS , the Planning Department Review Committee recommends the promotional appointment of Susan Ritter to the Director of Planning position ; Now , Therefore , Be It r RESOLVED , the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of Susan Ritter as Director of Planning , effective January 1 , 2011 ; and be it further RESOLVED , this is a full time salaried position at 40 hours a week , at the annual salary of $80 , 371 . 20 , in Job Classification "S" , 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 , which will be a non -competitive , promotional exam ; and be it further RESOLVED , Ms . Ritter will need to satisfactorily complete the twenty six (26) week probationary period ending , July 1 , 20111 MOVED : Tee-Ann Hunter SECONDED : Rich DePaolo VOTE : Ayes : Engman , Goodman , Leary, Hunter, DePaolo , Levine and Riha Motion passed unanimously Page 10 of 21 TBR 11 -8-2010 Consider approval of provisional appointment of Assistant Director of Planning RESOLUTION NO . 2010=209a : Provisional Appointment of Assistant Director of Planning WHEREAS , January 1 , 2011 there will be a - vacancy in the full time position of Assistant Director of Planning in the Planning Department due to a retirement and a promotional appointment ; and WHEREAS , the Planning Department Review Committee and current Assistant Director of Planning interviewed a candidate from the Director of Planning recruitment pool ; and WHEREAS , the said individuals have determined that Daniel Tasman possess the necessary knowledge , skill and ability to satisfactorily perform the duties of the Assistant Director of Planning position ; and WHEREAS , this would be a provisional appointment that requires the appointee to be one of the top three reachable candidates from the next civil service exam for the said position ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Daniel Tasman as Assistant Director of Planning , effective January 3 , 2011 ; and be it further RESOLVED , this is a 37 . 5 hours a week position , at the hourly wage of $29 . 24 , which is an estimated annual salary of $57 , 018 , from account number B8020 . 100 , in Job Classification " P" , 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 . MOVED : Susan Riha SECONDED : Tee-Ann Hunter VOTE : Ayes : Engman , Goodman , Leary , Levine , DePaolo , Hunter and Riha Motion passed unanimously . Resolution of Appreciation for Marnie Kirchgessner RESOLUTION N0.2010-210: Resolution of Appreciation and Recognition of Service for Margaret Kirchgessner WHEREAS, Margaret (Marnie) Kirchgessner was appointed the Town of Ithaca Recreation and Youth Coordinator effective May 3, 2004, and has provided her expertise and talents faithfully to the Town continuously since that date; and Page 11 of 21 TBR 11 -8-2010 WHEREAS, effective November 29, 2010, Marnie has chosen to retire from her employment with the Town, after six (6) years of dedicated service; and WHEREAS, Mamie 's helpful and caring nature was always appreciated when speaking with the Town residents, when working with the youth and employment site coordinators and when working with the Community Gardeners; and WHEREAS, during Mamie 's time as Recreation and Youth Coordinator the Town has experienced a re-energized youth employment program, Native American Festivals at the Tutelo Park, a Safe Routes to School Grant for a walkway on Warren Road and the Town 's first Community Garden; and WHEREAS, Mamie 's years of devotion and dedication to building respected and admired youth employment and youth community service programs will be remembered for years by the Town officials, employees, young people and other residents; and WHEREAS, the Town of Ithaca has greatly benefited from Mamie 's thoughtful consideration, time, energy and desire to serve our community for the benefit of the Town and its citizens; and WHEREAS, the Town of Ithaca is appreciative of Mamie 's invaluable contributions and years of dedication and devotion to the Town during her six years of service; Now, Therefore, Be It RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and employees, acknowledges the retirement of Margaret Kirchgessner as Recreation and Youth Coordinator; and expresses its sincere gratitude to Marnie for her dedicated service to the Town and our community. MOVED : Bill Goodman SECONDED : Tee-Ann Hunter VOTE : Ayes : Engman , Goodman, Hunter, Levine, Leary, DePaolo, and Riha Motion passed unanimously. Set Public Hearing re. : a Local Law amending/revising Chapter 112 , Titled "Animals" associated with Dog Control and Licensing changes from the State of New York Mrs . Terwilliger gave a brief overview of the upcoming changes to be considered . Page 12 of 21 TBR 11 -8-2010 . TB RESOLUTION NO . 2010 — 211 : SETTING A PUBLIC HEARING REGARDING REVISIONS TO CHAPTER 112, TITLED " ANIMALS" OF THE TOWN OF ITHACA CODE Whereas , New York State has revised the NYS Agriculture and Markets Law, Article 7 concerning the licensing , identification and control of dogs effective January 1 , 20111 and Whereas , the changes to the New York State law require revisions to the Town Code , Chapter 112 , Titles "Animals" , Sections 112 -2 "Prohibited Acts" ; 112 -8 " Penalties" and 112 -9 License Fees" to reflect these changes . Now therefore be it Resolved , that the Town Board set a public hearing on December 13 , at 5 : 45 to hear public comments on the proposed amendments and/or revisions to said local law. Moved : Rich DePaolo Seconded . Tee-Ann Hunter Vote : Ayes : Hunter, DePaolo , Engman , Leary , Levine , Riha and Goodman Motion passed unanimously Consider Referring Draft Local Laws Regarding Establishment of a New " Limited Historic Commercial " Floating Zone and Related -Changes to Chapter 270, Article XIII " Commercial Zones Generally" of the Town of Ithaca Code, and Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources and a New " Limited Historic Commercial " Floating Zone, to the Planning Board (and Zoning Board of Appeals) for a Recommendation Bill Goodman explained the process and reasoning behind limiting some of the uses "as of right" and Rich DePaolo noted that the board may want to replace shall with may when referring to the disrepair of a possible site to give future Boards some leeway. TB RESOLUTION NO . 2010-212 : Refer Draft Local Laws Regarding Establishment of a New " Limited Historic Commercial " Floating Zone and Related Changes to Chapter 270, Article XIII " Commercial Zones Generally" of the Town of Ithaca Code, and Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Regarding Historic Resources and a New " Limited Historic Commercial " Floating Zone, to the Planning Board and Zoning Board of Appeals for a Recommendation RESOLVED , that the Town Board of the Town of Ithaca hereby refers consideration of the proposed draft local laws regarding establishment of a new "Limited Historic Commercial' floating zone and related changes to Chapter 270 , Article XIII "Commercial Zones Generally" of the Town of Ithaca Code , and proposed amendments to the 1993 Town of Ithaca Comprehensive Plan regarding historic resources and a new " Limited Page 13 of 21 TBR 11 -8-2010 Historic Commercial' floating zone , to the Town of Ithaca Planning Board and Zoning Board of Appeals for a recommendation . MOVED : Bill Goodman SECONDED : Rich DePaolo VOTE : Ayes : Engman , Goodman , Leary, Levine , Hunter, DePaolo and Riha Motion passed unanimously TB RESOLUTION NO . 2010-213 : Consider Setting a Public Hearing Reqardinq Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Possible Adoption of a New " Limited Historic Commercial " Floating Zone BE IT RESOLVED that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York on the 13th day of December, 2010 at 550 p . m . for the purpose of providing full opportunity for citizen participation and input in the preparation of proposed amendments to the 1993 Town of Ithaca Comprehensive Plan relating to historic resources and the possible adoption of a new "Limited Historic Commercial' floating zone , pursuant to Section 272 -a of New York State Town Law, the above referenced public hearing to be the first of two public hearings to be held on this matter; and it is further RESOLVED , that at such time and place all persons interested in the proposed amendments to the Town of Ithaca Comprehensive Plan may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca, New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . Moved : Bill Goodman Seconded . Pat Leary Vote : Ayes : Hunter, DePaolo , Engman , Leary , Levine , Riha and Goodman Motion passed unanimously Consider adoption of resolution regarding Fireworks and Indoor Pyrotechnics There was some discussion on the requirement to consult with the DEC regarding the fire hazard of the area and the feasibility of that . Mr. Bates responded that it gives him the leeway to use the information or step if he needs it and this information is available from multiple sources . Page 14 of 21 TBR 11 -8-2010 TB RESOLUTION NO , 2010-214 : Resolution Regarding Permits for Fireworks Displays and the Use of Indoor Pyrotechnics WHEREAS , the Town of Ithaca has authority under §§ 405 . 00 and 405 . 10 of the New York Penal Law, Article 18 of the New York Executive Law, Chapter 33 of the New York State Uniform Fire Prevention and Building Code , and Part 61 , Subpart 61 -6 of Title 12 of the New York Codes , Rules and Regulations to issue permits for fireworks displays and the use of indoor pyrotechnics , respectively , and to conduct site inspections prior to such displays or use , and WHEREAS , pursuant to §§ 405 . 00 and 405 . 10 of the New York Penal Law, the Town of Ithaca shall designate an officer as the permit authority to grant and issue such permits , and WHEREAS , because the Town had no policy or procedures in place to deal with a recent change in the Penal Law allowing for the private display of fireworks , the Town Board of the Town of Ithaca adopted Resolution No . 2010- 114 at its June 7 , 2010 meeting , which resolution ( 1 ) suspended the Code Enforcement Department's authority to issue permits for fireworks displays , (2 ) instructed the Director of Code Enforcement to ensure no permits were issued until further direction from the Town Board , and (3) referred the issue to the Town 's Codes and Ordinances Committee for review and recommendation to the Town Board , and WHEREAS , the Codes and Ordinances Committee (COC) reviewed the applicable laws and regulations regarding the Town 's authority and obligations , developed the procedures spelled out below, and the three members present at the COC 's October 20 , 2010 meeting unanimously recommended that the Town Board adopt these procedures , and WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that approval of this resolution is a Type II action because it constitutes "routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment , " and thus approval of this resolution is not subject to review under SEQRA, NOW , THEREFORE , be it RESOLVED that the following procedures are hereby adopted : 1 . Applicability. This resolution shall apply to fireworks displays and the use of indoor pyrotechnics within the Town of Ithaca for which permits are required by §§ 405 . 00 or 405 . 10 of the New York Penal Law , except in the following locations : Page 15 of 21 TBR 11 -8-2010 A . The Village of Cayuga Heights ; Be State parks ; C . County parks , if and when designated . 2. Designation of permit authority. Pursuant to §§ 405 . 00 and 405 . 10 of the New York Penal Law , the Town ' s Director of Code Enforcement is designated as the permit authority to grant and issue permits for fireworks displays and the use of indoor pyrotechnics . If the Director of Code Enforcement is absent or unable to act , or if the position is vacant , the Town 's Code Enforcement Officers are designated as the permit authority and shall exercise the powers granted to the Director of Code Enforcement under this resolution . 3. Permit program . A . Pursuant to applicable laws and regulations , the Director of Code Enforcement shall determine whether to approve or disapprove applications required for permits for fireworks displays and the use of indoor pyrotechnics , and the plans , specifications and documents submitted with such applications . The Director of Code Enforcement shall also issue approved permits and determine terms and conditions to be incorporated in approved permits , as he or she may deem to be appropriate . Be The Director of Code Enforcement , his or her designee , and the Code Enforcement Officers shall administer all other aspects of the permit program . They shall have all the powers and duties granted by applicable law, including but not limited to the following : ( 1 ) Receive and review applications required for permits for fireworks displays and the use of indoor pyrotechnics , and the plans , specifications and documents submitted with such applications ; (2 ) Conduct site inspections prior to the time of the display or indoor use and any inspections incidental to the investigation of complaints , and all other inspections required or permitted under any provision of applicable law , or cause such inspections to be conducted by a qualified consultant ; (3) Maintain records ; (4) Notify the Tompkins County Sheriff's Department of the issuance of the fireworks display permit or the permit for the use of indoor pyrotechnics ; Page 16 of 21 TBR 11 -8-2010 (5) Consult with regional New York State Department of Environmental Conservation personnel , before issuance of a fireworks display permit , regarding fire danger at the time of the proposed display; and (6) Review and investigate complaints , and refer complaints to the Tompkins County District Attorney's office , New York State Department of Labor, or other appropriate entities . C . The Department of Code Enforcement shall develop and maintain permit application forms and permits that comply with the requirements of §§ 405 . 00 and 405 . 10 of the New York Penal Law and all other applicable laws and regulations . D . The application fees for permits for fireworks displays and the use of indoor pyrotechnics shall be set from time to time by Town Board resolution . All fees must be paid at the time of application . If an application is denied , there shall be no refund of the fee . E . Before a permit is granted and issued , the applicant must provide an adequate bond , unless the applicant is a state park , county park , city, village or town . The amount of the bond shall be determined by the Director of Code Enforcement and shall be in an amount of not less than one million dollars ($ 1 , 000 , 000) for outdoor displays and five hundred thousand dollars ($500 , 000) for the use of indoor pyrotechnics . The bond shall comply with all requirements of §§ 405 . 00 or 405 . 10 of the New York Penal Law, as applicable . In lieu of such bond , the Director of Code Enforcement may in his or her discretion accept an indemnity insurance policy as provided in said §§ 405 . 00 and 405 . 10 . F . All applications must be complete at least five (5) days in advance of the date of the proposed fireworks display , and at least twenty (20) business days in advance of the proposed use of indoor pyrotechnics . G . If a permit is issued , it is not transferable and it is valid only for the date (s) specified on the application . Once the date (s) have passed , the permit is invalid and a new permit must be obtained . H . If the Director of Code Enforcement determines that a permit for a fireworks display or for the use of indoor pyrotechnics was issued in error because of incorrect , inaccurate or incomplete information , or that the permit was issued in violation of the requirements of §§ 405 . 00 or 405 . 10 of the New York Penal Law or other applicable laws and regulations , the Director of Code Enforcement shall revoke or suspend the permit . The permit may be reissued or unsuspended once the information or errors are Page 17 of 21 TBR 11 -8-2010 corrected if the Director of Code Enforcement determines that such action is appropriate . MOVED : Bill Goodman SECONDED : Eric Levine VOTE : Ayes : Engman , DePaolo , Goodman , Hunter, Leary, Levine , and Riha Motion passed unanimously Consent Agenda — Item a was pulled for individual discussion . a . Approve Town Board minutes of October 7th and October 18th 2010 b . Town of Ithaca Abstract c . Bolton Point Abstract d . Approval of Dental Insurance Renewal Proposal e. Set interview committee for Planning Board applicants f . Approve Floating Holiday TB RESOLUTION NO , 2010-215b : 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 . 9213 - 9278 General Fund Town wide 43 , 101 . 04 General Fund Part Town 7, 429 .21 Highway Fund Part Town 91900 . 14 Water Fund 81752 . 35 Sewer Fund 27760 . 50 Risk Retention Fund 21263 . 82 Forest Home Traffic Calming 114 , 748 . 22 Fire Protection Fund Inlet Valley Cemetery — Expend Forest Home Lighting District 106. 86 Glenside Lighting District 39. 58 Renwick Heights Lighting District 56. 68 Eastwood Commons Lighting District 137 . 65 Clover Lane Lighting District 16. 35 Winner's Circle Lighting District 54. 83 Burlei h Drive Lighting District 54 . 99 West Haven Road Lighting District 164 . 86 Coddin ton Road Lighting District 98 .41 Trust and Agency 31900. 00 Debt Service ;TOTAL 193, 585 . 49 Page 18 of 21 TBR 11 -8-2010 MOVED : Tee Ann Hunter SECONDED : Bill Goodman VOTE : Ayes : Engman , Hunter, Goodman , Leary , Levine , Riha and DePaulo Motion passed unanimously . TB RESOLUTION NO , 2010=217 : Appointment of Planning Board Interview Committee. WHEREAS , two vacancies will exists on the Planning Board as of January 1 , 2011 ; and WHEREAS , the Town Board wishes to appoint an Interviewing Committee to conduct interviews and make a recommendation for appointment for the position ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby appoints the following persons to the Planning Board Interviewing Committee : Pat Leary and Rich DePaolo - Town Board Members Herb Engman , Town Supervisor Fred Wilcox, Chairman , Planning Board Jonathan Kanter, Director of Planning Judith C . Drake , Human Resources Manager MOVED : Bill Goodman SECONDED : Susan Riha VOTE : Ayes : Engman , Leary , Goodman , Hunter, Levine , DePaolo , and Riha Motion passed unanimously . Report of Town Officials a . Codes — Update on Changes in the New York State Fire and Building Codes and their affect on the Town . Mr. Bates addressed the Board . There are a lot of changes coming that will require a lot of staff and inspection time . He gave examples . Discussion followed and there will be more discussion needed in the new year. Town Board Meeting Schedule The Board discussed the need for the next few meetings . It was decided that the November 22 , Study Session would be held and focus on the Committee Structure and the December 27th study session would be cancelled with the Year- End meeting decided at a later date . Pending Litigation Upon motion by Ms . Hunter, seconded by Mr. Levine ; the Board went into Executive Session to discuss pending litigation . The Board came out of Executive Session at 8 : 57p . m . and conducted the following business : Page 19 of 21 TBR 11 -8-2010 Consider Approval of Proposed Settlement TB RESOLUTION NO . 2010- 216 : Approval of Proposed Settlement of First Energy v. City of Ithaca and Allocation of Funds WHEREAS in 2009 the City of Ithaca was named as a third - party defendant in a lawsuit initially involving First Energy Corp . and New York State Electric & Gas Corp . ( NYSEG ) , regarding liability for the cost of remediation of contamination at a property in the City of Ithaca referred to as the First Street Site , which is now the location of the Ithaca Area Wastewater Treatment Facility ( IAWTF) and WHEREAS by Agreement dated December 29 , 2009 entered into between the City of Ithaca , the Town of Ithaca and the Town of Dryden , said Agreement being titled "Agreement As to Legal Defense Costs and Damages ( if any) Associated with a Lawsuit against the City of Ithaca Regarding the Ithaca Area Wastewater Treatment Facility Site , " these three municipalities , as joint operators of the IAWTF , agreed to specific apportionments of potential legal defense fees and/or legal damages resulting from that aforementioned lawsuit and WHEREAS in that lawsuit as against the City First Energy seeks contribution from the City, under the federal Comprehensive Environmental Response , Compensation and Recovery Act (CERCLA — a strict liability statute) , for any financial liability First Energy may be found by the Court to have for said contamination and remediation and WHEREAS the site in question was the location , from approximately 1929 until 1934 , of a manufactured gas plant operated by NYSEG and/or First Energy, and a by- product of such gas manufacture is coal tar, now known to be a hazardous substance and WHEREAS , the City obtained the site in question from NYSEG in 1959 and , in the 1980s , in collaboration with others constructed the IAWTF there and WHEREAS , during excavation for said construction large quantities of coal tar and coal tar-contaminated soil were discovered below the ground and were treated in accordance with instructions from NYSEG and the NYS Department of Environmental Conservation , including storage on -site for over 10 years prior to removal . and disposal by NYSEG and WHEREAS the City, together with the IAWTF members including the Town of Ithaca , retained special counsel to provide a defense in this matter, namely, the law office of Menter, Rudin & Trivelpiece , of Syracuse , New York and WHEREAS a motion for summary judgment dismissing the case as against the City was recently denied by the United States District Court on the grounds that there were questions of fact as to whether the construction of the IAWTF and the treatment of the contamination discovered during that process in some way exacerbated the contamination and Page 20 of 21. TBR 11 -8-2010 WHEREAS special counsel , in consultation with the IAWTF representatives , has negotiated a proposed settlement of this matter, which settlement is recommended by special counsel and the Attorneys for the IAWTF Joint Operator Municipalities , including the Town of Ithaca , in order to limit the legal costs and to avoid the risks and unknowns of trial (and potential appeals) NOW THEREFORE BE IT RESOLVED that the Town of Ithaca hereby approves of the settlement of the case of First Energy v . the City of Ithaca , et al , as against the City , provided such settlement shall include the following terms : payment of $200 , 000 to First Energy, by or through the City, in 10 equal , annual payments of $20 , 000 each ( i . e . , with no interest) , together with a release by First Energy of the City and the joint owners of the IAWTF , including the Town of Ithaca , from any and all liability for the contamination or remediation of the First Street Site and be it further RESOLVED that the Ithaca Town Board hereby authorizes the Town Supervisor, upon the advice of the Town 's Attorney in this matter, to execute all agreements and other documents necessary to implement the settlement referenced herein and be it further RESOLVED that the Town 's portion of the above -described payments shall be made from the appropriate account (s) of the IAWTF , according to the terms of the "Agreement As to Legal Defense Costs and Damages ( if any) Associated with a Lawsuit Against the City of Ithaca Regarding the Ithaca Area Wastewater Treatment Facility Site" duly executed by the Town Supervisor on December 9 , 2009 , and be it further RESOLVED that upon final approval of the agreement by all parties the Town of Ithaca's share of the settlement be transferred from sewer fund balance to a reserve fund to obligate these monies for payments of equal amounts per year for each of ten ( 10) years . MOVED : Bill Goodman SECONDED : Eric Levine VOTE : Ayes : Goodman , Engman , Levine , Leary , Hunter and DePaolo Absent : Riha Motion passed . The meeting was adjourned upon motion . Res p c I mitted P ulette erwilliger Town Clerk Page 21 of 21