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HomeMy WebLinkAboutTB Packet 2020-03-23Study Session of the Ithaca Town Board Monday, March 23, 2020 AGENDA This meeting will be held by video conferencing due to the Corona -19 Virus www.zoom.us Join Meeting Meeting ID 566 489 2655 1. Continue discussion on TC Affordable Housing Fund 2. Continue discussion on Green New Deal and resolution in support of same 3. Public Hearing regarding a proposed local law adding Canopy Sign Provisions in Residential and Conservation Zones to Chapter 270, Zoning, of the Town of Ithaca Code a. SEQR b. Adoption 4. Consider a bond resolution for the Winston Salem Water Main Replacement proj ect 5. Consider award of Winston Salem Water Main Replacement Project 6. Committee Reports a. P&O b. COC c. Planning d. Public Works e. Budget f. Ad Hoc Committees g. Other 7. Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Approval of revised job description —Highway Superintendent/Director PW d. Approval of changes to the Town's Sick Bank Policy 8. Review of Correspondence 9. Adjourn MEETING OF THE ITHACA TOWN BOARD March 23, 2020 TB Resolution 2020 - : Resolution in Support of a Green New Deal (GND) Whereas, human -caused climate change is causing an increase in extreme weather events that threaten human life, healthy communities, and critical infrastructure, and Whereas, there is a clear emerging international consensus that to avoid the most severe impacts of a changing climate, we should work together to limit global warming to 1.5 degrees Celsius, and Whereas, to accomplish this, scientists say that the entire world needs to get to net -zero greenhouse gas (GHG) emissions by 2050, and Whereas, the Town of Ithaca has demonstrated its desire and commitment to be a leader in sustainability through the following actions and initiatives: • Adopted the NYS DEC Climate Smart Communities Pledge (2009) • Created a shared Sustainability Planner position (2010) • Performed GHG emissions inventories • Adopted the Government Energy Action Plan, which contains recommended actions to achieve a 30% reduction in GHG emission in government operations by 2020 and 80% by 2050 (2011) • Adopted the Comprehensive Plan (2014), which features sustainability as a thread -through theme and contains a chapter on Energy and climate protection • The Ithaca Area Wastewater Treatment Facility, recognized by the U.S. DOE for its efforts, has improved the efficiency of its operations dramatically and offsets its energy needs on-site through the production and use of biogas • Currently working to upgrade its streetlights to LED technology, cutting GHG emissions and lighting costs dramatically • Purchasing renewable energy credits (RECs) to offset GHG emissions from purchased electricity • Accepted the Ithaca Green Building Policy report, with the intention of enacting legislation in 2020 • Installed an electric vehicle (EV) charging station at Town Hall, incorporated two EVs into the Town fleet, and partnered in EV Tompkins, which aims to double the number of local EV drivers • Led a collaboration with four other municipalities to develop a residential energy score program to improve the energy efficiency of existing homes. New York State is now rolling out regional pilot programs in several locations across the state, including Ithaca, thanks in part to these efforts • Adopted solar energy regulations to facilitate development and operation of solar systems • Currently developing a Form -based Code • Adopted a Green Purchasing Policy (2014) • Initiated composting programs at Town facilities • Achieved Clean Energy Communities and Climate Smart Communities designations • Leveraged and promoted local and national sustainability initiatives, and Whereas, versions of a Green New Deal, which have been proposed at the Federal level and adopted by New York State and the City of Ithaca, aim to address climate change and related social and economic issues; and Whereas, local sustainability professionals, activists, and a growing youth climate movement have urged local municipalities to more proactively address the climate change crisis, and Whereas, by working on a Green New Deal initiative, the Town can build on existing momentum, and Whereas, there would be multiple benefits besides greenhouse gas reduction, including improved community health and economic vitality through job creation in areas such as renewable energy, and Whereas, the Town of Ithaca acknowledges that to implement a Green New Deal will require collaborations with New York State and Federal governments as well as other municipalities, now therefore be it Resolved, that the Town of Ithaca hereby adopts a goal of achieving an equitable transition to carbon -neutrality town -wide by 2030, meaning that any GHG emissions that are not mitigated will be offset, and be it further Resolved, that the Town of Ithaca adopts a goal to meet the electricity needs of Town government operations with 100% regionally sourced renewable electricity by 2025, and be it further Resolved, that the Town of Ithaca adopts a goal to reduce emissions from the Town fleet of vehicles by 50% from the 2010 levels by 2025, recognizing that until battery or other technology is more advanced, this may require GHG offsets, and be it further Resolved, that the Town of Ithaca endorses the following strategies and actions to achieve these goals: • Create a Green New Deal Action Plan that provides details on how to achieve the Town of Ithaca Green New Deal goals for government operations and the broader community, update the Plan regularly, and assign staff as needed to implement the plan • Frame an approach that incorporates policy and cost implications and the costs of not taking action • Adopt a Green Building Policy for existing buildings in 2021/22 • Work with our partners to reduce energy consumption and greenhouse gas emissions related to treatment and distribution of water and wastewater • Encourage and facilitate the production and use of renewable energy • Build toward a resilient community by preparing for and adapting to unavoidable impacts and costs of climate change • Apply for grants, including federal and state, to help with implementation of GND initiatives • Track and annually report on progress towards the goals listed above, and be it further Resolved, that the Town of Ithaca commits to the following equity principles in the implementation of the GND: • Ensure that processes are fair and inclusive in the development and implementation of programs and policies • Ensure that benefits and burdens of policies and programs are distributed fairly • Institutionalize accountability processes and implement programs that sustain positive outcomes, and be it further Resolved, that the Supervisor and Town Board will work with a broad array of stakeholders, including, department heads and town staff, members of appropriate boards and commissions, businesses, community groups, academic institutions, organizations, town residents, and other local governments to achieve these goals. Moved: Second: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, March 23, 2020 TB Resolution 2020- : SEOR regarding the proposed local law adding Canopy Sign Provisions in Residential and Conservation Zones to Chapter 270, Zoning, of the Town of Ithaca Code Whereas, this action is the adoption of a local law adding provisions to the Town of Ithaca Code, Chapter 270 entitled "Zoning", to add canopy sign provisions; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its meeting held on March 23, 2020 has reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2020 A LOCAL LAW ADDING CANOPY SIGN PROVISIONS IN RESIDENTIAL AND CONSERVATION ZONES TO CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 274 (Zoning), Article XXIX (Signs) of the Town of Ithaca Code, Section 270-254, titled "Residential and Conservation Zones," is amended by adding the word "canopy" after the word "awning" in subsection A so that it reads: "A. Freestanding, wall, projecting, awning, canopy and window signs and banners and flags are permitted as principal and accessory uses and structures as specified below." Section 2. Chapter 270 (Zoning), Article XXIX (Signs) of the Town of Ithaca Code, Section 270-254, titled "Residential and Conservation Zones," is amended by deleting subsection H in its entirety, and replacing it with a new Section 270-254.1-1 reading as follows: "H. Awning and canopy signs. (1) Awning and canopy signs may be located no further than six feet from the facade of the building to which they relate. (2) No sign shall project or be suspended from an awning or canopy. (3) Awning and canopy signs shall be completely within the outer edges of such awning or canopy. (4) Awning and canopy graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering on an awning shall be a single line of lettering with a maximum height of six inches. Canopy signs may have more than one row of lettering, with a maximum lettering height of six inches and a maximum canopy sign area of eight square feet. (5) No part of an awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State. MEETING OF THE ITHACA TOWN BOARD Monday, March 23, 2020 TB Resolution 2020 - : Adoption of a local law adding Canopy Sign Provisions in Residential and Conservation Zones to Chapter 270, Zoning, of the Town of Ithaca Code Whereas, the Ithaca Town Code does not currently permit canopy signs in Residential or Conservation Zones within the town, and Whereas, canopy signs are similar to awning signs, which are currently permitted in Residential and Conservation Zones, with similar criteria as the proposed local law, and Whereas, at its meeting on March 9, 2020, the Town Board reviewed and discussed the proposed law and adopted a resolution for a public hearing to be held by said Town Board on March 23, 2020 at 5:30 p.m, to hear all interested parties on the proposed local law entitled "A Local Law Adding Canopy Sign Provisions in Residential and Conservation Zones to Chapter 270, Zoning, of the Town of Ithaca", 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, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on March 23, 2020, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts 1, 2 and 3, and Whereas, the Town Board finds that allowing canopy signs in Residential and Conservation Zones further the health and welfare of the community and is in accordance with the Comprehensive Plan, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law of 2020 entitled "A Local Law Adding Canopy Sign Provisions in Residential and Conservation Zones to Chapter 270, Zoning, of the Town of Ithaca". Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, March 23, 2020 TB Resolution 2020- : BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Winston-Salem Water Main Replacement Water Improvement Area Improvements, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 23rd day of March, 2020, at 4:30 o'clock P.M., Prevailing Time. were The meeting was called to order by Supervisor Rod Howe, and upon roll being called, there PRESENT: Supervisor Rod Howe Councilperson Pamela Bleiwas Councilperson Rich DePaolo Councilperson Bill Goodman Councilperson Tee -Ann Hunter Councilperson Patricia Leary Councilperson Eric Levine ABSENT: None Moved by ; seconded by BOND RESOLUTION: A RESOLUTION AUTHORIZING $1,000,000 IN SERIAL BONDS TO BE ISSUED BY THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA WINSTON-SALEM WATER MAIN REPLACEMENT WATER IMPROVEMENT AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated April 8, 2019, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement Area (the "Area") and to make certain improvements (the "Improvement') therefore at a maximum estimated cost of $875,000; and WHEREAS, said improvements have been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the improvement are not subject to review under SEQRA; and WHEREAS, due to unanticipated increased construction costs and scheduling issues, the Improvement was not constructed in 2019, and the Town of Ithaca must re -advertise for construction bids, with construction anticipated to take place in 2020; and WHEREAS, because of anticipated increased construction costs in 2020, the Town Engineer prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $875,000 to $1,000,000; and WHEREAS, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated February 10, 2020, said Town Board has determined it to be in the public interest to increase the maximum estimated cost of the Improvement by $125,000; and WHEREAS, it is now desired to provide funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement Area consisting of the replacement of approximately 4,400 LF of existing 6" and 8" water main with new 6" and 8" water main under Winston Drive, Winston Court and Salem Drive, from Winston Court to the intersection of Winston Drive, and other related ancillary facilities, furnishings, incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,000,000 there are hereby authorized to be issued $1,000,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum cost of said specific object or purpose is $1,000,000, with the pian for the financing of said specific object or purpose is by the issuance of the $1,000,000 serial bonds of said Town authorized to be issued to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Winston-Salem Water Main Water Improvement Area which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. 3 Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. only if: Section 11. The validity of such bonds and bond anticipation notes may be contested 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: !1 VOTING • Mh VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Rosa Town Clerk of the Town of Ithaca, New York, do hereby certify that the above resolution is an exact copy of the same adopted by the Town Board of the Town of Ithaca at a Meeting on the 23rd day of March, 2020. Paulette Rosa, Town Clerk E MEETING OF THE ITHACA TOWN BOARD Monday, April 23, 2020 TB Resolution 2020 - : Authorization to Award Contract for Construction of the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement Prosect Whereas on January 1, 2020, the Town of Ithaca Director of Engineering received bids for the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement Project (Improvement), for the replacement of 4270 feet of existing ductile iron main with new 811& 6" water main made of Polywrapped Ductile Iron pipe, new valves, hydrant connections and related ancillary facilities, and Whereas the Director of Engineering has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of $981,000.00 for the total project was made by the lowest responsive bidder, Vacri Construction Corp., One Brick Avenue, Binghamton, NY and Whereas at the February 10, 2020 Town Board meeting, the Town Board adopted a Public Interest Order (Resolution No. 2020-027) authorizing the maximum amount of $1,000,000.00 be expended by the Town of Ithaca for this Improvement, now therefore be it Resolved that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement project to Vacri Construction Corp., subject to final approval of the contract documents by the Director of Engineering and Attorney for the Town, and be it further Resolved that the Town Supervisor is authorized to execute such contract upon such approval; and be it further Resolved that the Director of Engineering is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $19,000.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project, and be it further Resolved that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions, and transfer $981,000.00 bid amount plus a $19,000 contingency to the construction account, for a total capital project fund budget of $1,000,000.00. Moved: Seconded: Vote: