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HomeMy WebLinkAboutTB Packet 2022-11-28MEETING OF THE ITHACA TOWN BOARD November 28, 2022 @ 4:30 AGENDA This meeting will also be broadcast via ZOOM LI � C)�J ..I.J........E...LINK for your convenience 1. New Neighborhood Code — South Hill TND Presentation 2. Public Hearing regarding a public interest order authorizing and establishing the proposed Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement & Area 3. Consider a resolution Authorizing the Issuance of $1,017,444 Serial Bonds of the Town of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Sewer Improvements to Serve Forest Home Pump Station Sewer Improvement Area 4. Consider approval of: a. Teamsters Contract 2023-2024 b. 2023 Office and Field Classification Wage Scales c. 2023 Town Wages 5. Consider setting a public hearing regarding a local law to rescind and replace Town of Ithaca Code Chapter 125, Building Construction, to reflect updates as required by New York State law 6. Consider a Sewer exemption request for 1307 Trumansburg Rd 7. Consider approval of modification of a Water Easement and Grant of Access Easement to Town of Ithaca at 26 Dove Drive 8. Consider a request for a reduction in fee for a building permit extension 9. Consent Agenda a. Town Board Minutes b. Town of Ithaca Abstract c. Revised 284 Highway Agreement 10. Reports from Committees a) Budget b) Personnel and Organization/ERC c) Public Works d) Planning e) Codes & Ordinances f) Parks & Trails Meeting will adjourn with Training to follow by Judy Drake Item 2 MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - : Public Interest Order - Water Improvement for 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 2023 Coddington/Troy Pump Station Backup Generator Water Improvement and establishing the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area 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 November 28, 2022, at 4:30 o'clock p.m., Prevailing Time. Present: Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement (the "Improvement"), to provide such Improvement to the present Town water system to serve a benefitted area in said Town to be known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area (the "Water Improvement Area"); and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of the installation of two (2) backup generators (one next to an existing Town of Ithaca water pump station at 514 Coddington Road, and one next to an existing Town of Ithaca water pump station at 156 Coddington Road) and associated automatic transfer switches as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost of to the Water Improvement Area of $250,000; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk of said Town prior to the Town Board's November 14, 2022 meeting, where the same were available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Water Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and -1- Item 2 Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost or the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, said maximum estimated cost shall be authorized to be financed by the expenditure of current revenues and surplus funds from water rates and charges from said Water Improvement Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; provided, however, grants-in-aid may be received and utilized therefor; and Whereas, on November 14, 2022, the Town Board of the Town of Ithaca duly adopted an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area, such public hearing to be held on November 28, 2022, at 4:30 o'clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; 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, construction and implementation of the Improvement are a Type I1 Action because the Action constitutes "purchase of ... equipment" and "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; and Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve the area to be known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area; now, therefore, be it -2- Item 2 Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area and to authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area is hereby established and authorized at a maximum estimated cost to said Water Improvement Area of $250,000. Said Water Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map, plan and report presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of the property within said Water Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within said Water Improvement Area. Section 2. The proposed Improvement shall consist of the installation of two (2) backup generators (one next to an existing Town of Ithaca water pump station at 51.4 Coddington Road, and one next to an existing Town of Ithaca water pump station at 156 Coddington Road) and associated automatic transfer switches as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to said Water Improvement Area of $250,000. The proposed method of apportioning the costs of the Improvement should not be changed. The method of financing of said cost shall be by the expenditure of current revenues and surplus funds from water rates and charges from said Water Improvement Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; provided, however, grants-in-aid may be received and utilized therefor. Section 3. It is hereby determined that the estimated expense of the Improvement does not exceed one -tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the date this resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the Improvement. Section 5. It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Water Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. -3- Item 2 Section 6. This resolution is adopted subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The resolution was thereupon declared duly adopted. M Item 3 November 28, 2022 TB Resolution 2022 - : Resolution Authorizing the Issuance of $1,01.7,444 Serial Bonds of the Town of Ithaca, Tompkins County, New York, to Pay the Cost Of Certain Sewer Improvements to Serve Forest Home Pump Station Sewer 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 March 14, 2022, said Town Board has determined it to be in the public interest to establish Forest Home Pump Station Sewer Improvement Area at a maximum estimated cost of $1,017,444; and Whereas, the capital project therefore, as hereinafter described has 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, the implementation of which as such will not result in a significant environmental effect; and Whereas, it is now desired to provide funding for such project; 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 the sewer improvements for the establishment of Forest Home Pump Station Sewer Improvement Area, consist of the cost of the reconstruction of and improvements to the Forest Home Pump Station and reconstruction of related force main and original equipment, machinery, apparatus, appurtenances, as well as other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,017,444, which specific object or purpose is hereby authorized at said maximum estimated cost, there are hereby authorized to be issued $1,017,444 serial bonds of said Town pursuant to the provisions of the Local Finance Law; provided however, the amount of serial bonds ultimately to be issued shall be reduced by any grants-in-aid received therefore. Section 2. It is hereby determined that the plan for the financing of the improvements for the establishment of Forest Home Pump Station Sewer Improvement Area is by the issuance of the $1,017,444 serial bonds of said Town authorized to be issued pursuant to the provisions of 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 4 of paragraph a of Section 11.00 of the Item 3 Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. 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 5. 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 obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall be annually levied upon all the taxable real property deemed to be especially benefitted thereby, in said Forest Home Pump Station Sewer Improvement Area, an amount sufficient therefor, but to the extent not paid thereby, all the taxable real property within said Town shall be subject to the levy of an ad volorem tax, without limitation as to rate or amount sufficient to pay principal of and interest on such obligations. 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 the Supervisor 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, the Supervisor 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 Supervisor 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, authorized herein, in one or more series having substantially level or declining annual debt service and all matters related thereto, and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service and all matters relating thereto, shall be determined by the Supervisor, the chief fiscal officer of such Town. 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 additions to those Item 3 required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at the Supervisor's sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Corporation and/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 bond, and/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 Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said 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 applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and/or notes without resorting to further action of this Town Board. Section 1.1. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution 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: Item 3 The resolution was thereupon declared duly adopted. Item 04a MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - : Approval of Collective Bargaining Agreement with Teamsters Local 317 Public Works Department Unit for 2023-2024 Whereas, effective January 1, 2008, the Town Board recognized Teamsters Local 317 as the exclusive representative for collective bargaining purposes of certain full-time probationary and full-time post -probationary Department of Public Works employees; and Whereas, the term of the expiring contract with Teamsters Local 317 was through December 31, 2022; and Whereas, the Town's negotiations team and Teamster's negotiations team have come to a tentative agreement on the changes to the collective bargaining contract for the term of January 1, 2023 through December 31, 2024; and Whereas, the Personnel & Organization Committee reviewed the changes to the contract on November 28, 2022, and recommend approving the collective bargaining agreement; and Whereas, the employees in the collective bargaining unit are scheduled to meet on November 30, 2022, and are expected to have a majority affirmative vote to ratify the contract; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby accept the recommendation of the negotiation team and Personnel & Organization Committee and approves the signing of the collective bargaining agreement effective January 1, 2023 through December 31, 2024, between the Town of Ithaca and Teamsters Local 31.7. Moved: Seconded: Vote: Item 04b November 28, 2022 TB Resolution 2022-XXX: Approval of 2023 Employee Wages Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for the Town of Ithaca non -collective bargaining employees for the year 2023, utilizing the 4.0% wage scales approved by the Town Board November 28, 2022; and Whereas, the Town Board has reviewed the wages established by the collective bargaining agreement with the Public Works unit represented by Teamsters Local 31.7which utilizes a 4.0% wage scale increase for 2023; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the said wages for the non - collective bargaining employees and collective bargaining employees for 2023, as filed in the Human Resources Office. Moved: Vote: Ayes: Seconded: Item 04c MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022- : Approval of 2023 Office and Field Classification Wage Scales Whereas, the Town Board established a Wage Scale, which sets the Hiring Minimum and Job Rate for each job classification, which may be increased each year based on a Cost of Living Adjustment (COLA); and Whereas, the Personnel Committee reviewed and discussed Consumer Price Index (CPI-W) as well as other factors and recommends for the 2023 Wage Scales a 4.0% COLA on the Job Rate for all classifications when establishing the 2023 Office Wage Scale and Class VI of the Field Wage Scale; and Whereas, the Class I-V of the Field Wage Scale are established through the collective bargaining agreement at 4.0% for 2023 and 4.0% for 2024; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve a 4.0% COLA on the Job Rate for all classifications when establishing the 2023 Office Wage Scale and Field Wage Scale (see attached sheet). Moved: Seconded: Vote: Item 05 MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - : Setting a public hearing regarding a proposed local law Amending Chapter 1.25 of the Town of Ithaca Code, Titled "Building Construction and Fire Prevention," to Conform Chapter 125 With New York State Requirements for Administration and Enforcement of New York State Fire Uniform Code and Energy Code Resolved that the Town Board will hold a public hearing at it Year End meeting, held at 11:00 a.m. on December 28, 2022 at Town Hall, 215 N. Tioga St and broadcast via ZOOM for residents' convenience, regarding a proposed local law a proposed local law Amending Chapter 125 of the Town of Ithaca Code, Titled "Building Construction and Fire Prevention," to Conform Chapter 125 With New York State Requirements for Administration and Enforcement of New York State Fire Uniform Code and Energy Code, at which time all persons wishing to be heard regarding the adoption of the local law will be heard. Moved: Seconded: Vote: Item 06 MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - : Authorization for the Town Engineer to issue a Sewer Exemption for 1307 Trumansbum Rd Whereas the Town Engineer received a request for a Sewer Exemption from the owner(s) of 1307 Trumansburg Rd, TP 24.-3-5 due to excessively large costs to connect to public sewer. Cost estimates ranging from $25K+ to connect through the nearest location involving the need to obtain a private easement from the adjacent owner, or $75K+ to connect through the Town's property 1000+ feet away, and Whereas the estimate to upgrade the current onsite wastewater treatment system is $18K, and Whereas the owners have expressed that they do not have any intention in subdividing the property any further and will continue to utilize as a single-family home, and Whereas the Public Works Committee discussed the request at its November 15, 2022 meeting and recommended forwarding to the Town Board for review, now therefore be it Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the applicant has shown unusual and extreme practical difficulties in connecting its house with the public sewers because of the 1,000+ foot distance from the nearest public sewer main, and the $25K-$75K cost to connect to public sewer, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for 1307 Trumansburg Rd. for the installation of a new, onsite wastewater treatment system associated with the existing single- family residence on the property, subject to the consent of the Tompkins County Health Department to this exemption. Resolved, that any further subdivision of the property and/or change in use beyond the existing single-family home may necessitate the need to cancel the exemption by the Town Board. Moved: Seconded: Vote: November 13, 2022 Dan Thaete Director of Engineer Town of Ithaca 114 Seven Mile Drive Ithaca, NY 14850 Re: Sewer Exemption for 1307 Trumansburg Rd, Tax Parcel 24.-3-5 Dear Mr. Thaete, I am writing to request an exemption from Ithaca's sanitary sewer connection requirements. Although my residential property- 1307 Trumansburg Rd. is next to a (commercial) property- Cayuga Professional Center, 1301 Trumansburg Rd.- which are on public sewer, it is not easily accessible for me. There are two potential access points- one of which is a privately owned by Travis Hyde Properties- and which would require the permission of property owner and a Sewage Works Corp (500'-550' away from my house), the other access point (1000'-1050' away from my house) owned by Ithaca Town would be a large and costly project which would not be financially feasible for me to do. Background. I inherited my family's property- 1307 Trumansburg Rd. as of December 2022, a property that has been in my family now for three generations. This past year, I have been acquainting myself with any maintenance needs that the house/property may have and/or may need in the coming years. I have been pursuing home energy/weatherization and other available assistance (based on income guidelines) that would support me in maintaining my home. As a result of Tompkins County Health Department releasing the grant funds to upgrade private septic systems I started to look into the state of my septic system and discovered the following: 1- That my property is on private septic- my house is one of the first houses in a strip of 4-5 houses where public sewer is not available. I was also told that most septic systems should be pumped every 3-5 years, 2- When I looked into, I am still not sure that my system would require pumping, or that it's ever been pumped. When 1 called a company out to pump septic system, the person could not locate my septic system. I then followed up with Ithaca Town Hall and Tompkins County Health Department for records of available maps of where my septic system may be located, and I found that my septic system predates records for a map of its location, and it is likely that it is the original system when bathrooms/indoor toilets were put in- with leech field, etc. When I contacted the health department about my interest in the grant to upgrade private septic systems, and the process to apply to see if I am eligible, I was told that my home/property would be a good candidate for the grant due to how old the septic system was, however, that I would have to first rule out whether getting on public sewer is a possibility. My preference would be to get on public sewer if money was not a factor and if the grant included connection to hook onto public sewer, that would be ideal, but the grant unfortunately does not include funding to get on public sewer just upgrading private septic systems. I also believe that there is a need to upgrade my septic based on the age of system, and that it would support the purpose of the local health department grant — to upgrading to environment sufficient systems, etc. and my purpose as a new homeowner- to prevent any future foreseen problems down the line. To pursue the possibility of me getting on public sewer, my next step was to reach out to several contractors who participate in municipal work in excavating, connecting to public sewer and/or upgrading private septic systems. I called 5 contractors- two of which were uncontactable, one of which responded but 1 have not received a quote from and ended up with quotes or cost estimates from the remaining two. The following quotes are very rough estimates of the work that needs to be done and was due to the timing restraint that I was on to submit to your meetings as follows: Option #1- Public Sewer- Private Access Point, Owned by Travis Hyde Properties Private manhole which is approximately 500' to 550' away but is a property commercially owned and operated by Travis Hyde Properties. I would have to be granted approval by property owner- but due to their lack of response to myself, and my family over the years 1 find this to both discouraging and unlikely. The other requirement would be that a private Sewage Works Corp would have to be formed which would require a lot of legal work- complex with legal fees (an additional expense), etc. Quotes for this: 1- G.R. Van Valen & Son Excavating- "The private service at 550 feet might be able to be done with four -inch pipe, this would be in the $25,000 range. Lots of questions, surveying, and engineering to be done beyond that to get an accurate estimate." 2- B27 Earth Works- Need a quote for the 550 feet, look below to see if you can get quote from his est. there based on the information provided. Option #2- Public Sewer- Owned by Town The closest town manhole is approximately 975'-1000' away G.R. Van Valen & Son Excavating- "The Town owned service should probably be six inch due to the length of the run and it also appears to run under Dates Drive. Starting cost for this service would be at least $75,000.00 plus." B27 Earth Works- "I finally priced out your 1000-foot sewer connection and spoke with Dave O'Shea about it. There is 10 thousand or more in materials so ruff calculations double materials. 20 thousand or more. That's without looking at access to get stone in and other variables that could increase cost." Option #3- Private Septic System Upgrade on my property Straight forward — hire a contractor, all on my property Quote for this: B27 Earth Works- $18,000 for a 4-bedroom house I appreciate your time and consideration. Please feel free to let me know if you would like additional information. I would not be able to upgrade my private septic system if it weren't for this grant. In addition, similar to my parents who lived in the house before me- and likely looked into the option of getting on public sewer, I am also unable to get on public sewer. Best, Melissa Hall *Please find map attached to refer to public sewer access points MAP CREATED: 10/18/2022 1:38 PM DISCLAIMER: �, OF (T BY: TOWN OF ITHACA ENGINEERING DEPT ALL LOCATIONS AND SOURCE: BOLTON POINT BOUNDARIES ARE APPROXIMATE. TOI ENGINEERING 0 125 250 500��a f% NYS GIS CLEARING HOUSE Feet Item 07 MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - • Approval of Modification of Water Easement and Grant of Access Easement to Town of Ithaca at 26 Dove Drive Whereas, Mingqi Ge and Hui Wang ("Grantors") own 26 Dove Drive in the Town of Ithaca (the "Premises"), tax parcel 61.-1-8.39, on which the Town owns a 20-foot wide water easement (the "1972 Water Easement") for an existing Town -owned water main located within the easement area, and Whereas, among other things, the 1972 Water Easement grants to the Town the right to construct a roadway over the 20-foot wide easement area for purposes related to the Town's water main, and Whereas, Grantors have asked the Town to modify the 1972 Water Easement to remove the Town's right to construct a road on the Premises, and the Town does not foresee a need for such a road on the Premises, and Whereas, the Town wishes to further modify the 1972 Water Easement to include a water easement to the Town for a previously -installed Town water main that runs east -west across Grantors' Premises, and for a previously -installed Town water line that runs adjacent to the 1972 Water Easement Area and supplies water to a fire hydrant adjacent to the southern Premises boundary. The Town also wishes to formalize its ingress and egress rights across the western portion of the Premises to access Town water infrastructure (water mains, the Hungerford Hill. water tank, and related facilities) located on and off the Premises, 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 Ithaca Town Board that approval of the project 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 the project is not subject to review under SEQRA, now, therefore be it Resolved, that the Town Board hereby approves the Modification of Water Easement and Grant of Access Easement to the Town of Ithaca, and authorizes the Supervisor to execute said document, subject to approval by the Attorney for the Town. Moved: Seconded: Vote: MODIFICATION OF WATER EASEMENT AND GRANT OF ACCESS EASEMENT TO THE TOWN OF ITHACA This Modification of Water Easement and Grant of Access Easement to the Town of Ithaca is made this day of , 2022, by and among Mingqi Ge and Hui Wang ("Grantors"), with an address of 26 Dove Drive, Ithaca, New York 14850, and the Town of Ithaca (the "Town" or "Grantee"), a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850. WITNESSETH: Grantors own real property known as 26 Dove Drive in the Town of Ithaca (the "Premises"), tax parcel 61.-1-8.39, on which the Town owns a 20-foot wide water easement ("1972 Water Easement Area") as described in the Easement for Water Main for Former Snyder Hill Road Water District dated March 1, 1972 and filed in the Tompkins County Clerk's Office on October 3, 1972 at fiber 503 Page 478 (the "1972 Water Easement"). The 1972 Water Easement grants to the Town and its successors and assigns "a permanent right of way over the strip of land twenty feet in width, located in the Town of Ithaca, County of Tompkins and State of New York, more particularly described in the annexed Schedule A, for the purpose of entering upon, constructing, operating, maintaining, repairing and replacing a water pipeline and appurtenances over said strip of land, which water pipeline runs northerly from Snyder Hill Road to and through adjacent lands of Cornell University on the north of the Grantor's property and leading ultimately to a water tank or standpipe known as the Hungerford Hill Water Tank now constructed on the parcel of land being acquired by the Grantee from Cornell University, and for the purpose of ingress and egress to and from Snyder Hill Road and the said water tank, with the right to construct a roadway over said 20- foot strip for this purpose." Grantors have asked the Town to modify the 1972 Water Easement to remove the Town's right to construct a road on the portion of the 1972 Water Easement Area that is on the Premises. The Town is willing to do so, as it does not foresee a need to construct a road over that portion of the 1972 Water Easement Area. The Town wishes to further modify the 1972 Water Easement to include a water easement to the Town for a previously -installed water main that runs east -west across Grantors' Premises, and for a previously -installed water line that runs adjacent to the 1972 Water Easement Area and supplies water to a fire hydrant adjacent to the southern Premises boundary. The Town also wishes to formalize its ingress and egress rights across the western portion of the Premises to access Town water infrastructure (water mains, water tank, and related facilities) located on and off the Premises. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. WATER EASEMENT MODIFICATION. The 1972 Water Easement is modified by adding the following language to the end of the phrase "with the right to construct a roadway over said 20-foot strip for this purpose": It, except the Town shall not have the right to construct a roadway over the portion of the 20-foot strip that is on real property known as 26 Dove Drive in the Town of Ithaca, tax parcel 61.-1-8.39, 1 which real property is shown on the survey map entitled "Survey Map, No. 26 Dove Drive, Town of Ithaca, Tompkins County, New York" prepared by Sheive Land Surveying, dated November 27, 2018, and filed in the Tompkins County Clerk's Office on December 21, 2018 as Instrument Number 2018- 14598 (the "2018 Survey Map"). The 2018 Survey Map incorrectly shows said 20-foot strip as 10 feet wide; the Town shall not have the right to construct a roadway over the portion of said 20-foot strip on the Premises. In addition, Grantors hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever, a permanent easement and right-of-way ("2022 Water Easement") to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the areas hereafter referred to as the "2022 Water Easement Areas" and shown as "Proposed 20' Wide Easement, Water Main and Appurtenances" on the map attached hereto and made a part hereof, which is Sheet V100 titled "Town of Ithaca, 26 Dove Drive, Access and Water Main Easements," dated September 24, 2019 and revised February 3, 2020, prepared by D. O'Shea of the Town of Ithaca, New York ("Easement Map"), such 2022 Water Easement Areas being the areas of the permanent easement and right-of- way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon the 2022 Water Easement Areas. The 2022 Water Easement Areas are intended to be a 20-foot wide strip of lands centered on the water main and water line as installed. Grantors further covenant and agree to the following for the 2022 Water Easement: 1. Grantors, for themselves and all of their successors and assigns, covenant and agree that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement) shall be constructed or placed within the aforesaid permanent easement which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices. 2. Grantors, for themselves and all of their successors and assigns, covenant and agree that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement, no trees or other plants will be planted or cultivated that may interfere with the said easement. 3. Grantors, for themselves and all of their successors and assigns, covenant and agree that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easement, it will not permit or conduct any mining, excavation, construction or blasting within said easement. 4. Grantors, for themselves and all of their successors and assigns, covenant and agree that, except during the construction or maintenance of buildings, foundations and other improvements to be 2 constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee that explicitly reference the aforesaid permanent easement, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents." The remainder of the 1972 Water Easement remains unchanged. The Parties acknowledge that deletion of the Town's right to construct a roadway on the Premises does not affect the Town's right to bring vehicles and equipment onto the 1972 Water Easement Area for the purposes stated in the 1972 Water Easement. 2. ACCESS EASEMENT. Grantors hereby grant and convey to the Town, for the benefit of the Town, its invitees, agents and contractors, and for the limited purpose of accessing Town water infrastructure (water mains, water tank and related water infrastructure, including electric meters for water infrastructure), a perpetual, non-exclusive access easement and right-of-way for ingress and egress by vehicles, persons and equipment upon, over and across the area shown as "25' Access Easement, Ge to Town of Ithaca" on the Easement Map. The Town shall use its best efforts to stay on the paved driveway where the width of vehicles and equipment is narrow enough for the Town to do so. Grantors, for themselves and all of their successors and assigns, covenant and agree that they will not engage in any conduct, directly or indirectly, that blocks, obstructs or interferes with the ingress and egress rights of the Town, its invitees, agents and contractors. Grantors and the Town each have the right and responsibility to plow snow off the driveway at any time for their own use of the driveway. Grantors and the Town are under no obligation to plow any portion of the driveway at any time for the benefit of the other party. The Town will promptly repair driveway damage caused by its vehicles and equipment. For as long as the driveway is asphalt, the Town will evaluate the driveway surface annually for surface wearing and coordinate with the property owner a method for maintenance at a minimum of once every 5 years. The Town will perform the maintenance at a time that is convenient for Grantors and the Town. 3. CONVEYANCE. Grantors, for themselves and all of their successors and assigns, covenant and agree that they will place the following provision in all conveyances of the property or portions thereof covered by these easements, or any rights therein: "Being the purpose of the said water and access easements and rights -of way to convey rights to the Town of Ithaca for water purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below -described permanent easements and rights -of -way, and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in permanent easements and rights -of -way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed." 4. BINDING EFFECT; SUCCESSORS AND ASSIGNS. The 2022 Water Easement and access easement and rights -of -way shall run with the land and shall be binding on and inure to the effect of the heirs, successors and assigns of the parties hereto. Grantors and the Town acknowledge that the 2022 Water Easement and access easement and rights -of -way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. 5. POST -ENTRY CONDITION OF PREMISES. The Town covenants and agrees that it will at all times, when it enters the 2022 Water Easement Area or the area of the access easement and rights -of -way granted by this instrument, leave said areas in a neat and presentable condition, and the Town shall return said areas as nearly as practicable to their condition before such entry. IN WITNESS WHEREOF, the Parties have executed this Modification of Water Easement and Grant of Access Easement to the Town of Ithaca on the date(s) written below. MINGQI GE HUI WANG ll TOWN OF ITHACA 0 Rod Howe Supervisor State of New York ) County of Tompkins ) ss.: On the day of in the year 2022 before me, the undersigned, personally appeared Mingqi Ge and Hui Wang, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York ) County of Tompkins ) ss.: On the day of in the year 2022 before me, the undersigned, personally appeared Rod Howe, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. n 11 CD z o L LJ 0 Ca. LIJ x 0 q7 Q / rD Item 09 MEETING OF THE ITHACA TOWN BOARD November 28, 2022 TB Resolution 2022 - : Consent Agenda Resolved the Town Board approves/adopts the following: a.A pproval of Town Board Minutes b. Approval of Town of Ithaca Abstract c.A pproval of revised Highway Expenditures 2022 Agreement Moved: Seconded: Vote: ayes — TB Resolution 2022 - a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of September 12, 2022, with non - substantive changes made if needed. TB Resolution 2022 - b: Town of Ithaca Abstract No. 22 for FY-2022 Resolved that the Town Board hereby authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 1281 - 131.6 General Fund Town Wide 92,257.32 General Fund Part -Town 7,780.55 Highway Fund Town Wide DA 599.69 Highway Fund Part Town DB 5,924.45 Water Fund 9,291.49 Sewer Fund 12,101.42 Risk Retention Fund 274.79 Forest Home Lighting District 204.43 Glenside Lighting District 40.30 Renwick Heights Lighting District 62.98 Eastwood Commons Lighting District 66.01 Clover Lane Lighting District 9.17 Winner's Circle Lighting District 13.20 Burlei h Drive Lighting District 41.06 West Haven Road Lighting District 144.28 Coddin ton Road Lighting District 86.86 TOTAL 128,898.00 TB Resolution 2022 - c: Approval of Revised 2022 Agreement for Expenditure of Highway Monies Item 08 Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2022: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: 1. GENERAL REPAIRS. The sum of $150,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The sum of $200,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The sum of $96,430.95 shall be set aside to be expended for the permanent improvement of Sesame Street / Alison Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.17 miles of road The sum of $20,770.69 shall be set aside to be expended for the permanent improvement of the Campbell Avenue / Hopkins Place to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.09 miles of road The sum of $45,000 shall be set aside to be expended for the permanent improvement of Eldridge Circle to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.22 miles of road The sum of $182,854.94 shall be set aside to be expended for the permanent improvement of Indian Creek / Happy Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.48 miles of road The sum of $70,045.99 shall be set aside to be expended for the permanent improvement of Williams Glen Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.16 miles of road The sum of $46,002.92 shall be set aside to be expended for the permanent improvement of Valley View Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.12 miles of road Item 08 The sum of $64,023.61 shall be set aside to be expended for the permanent improvement of Orchard Hill Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.35 miles of road The sum of $32,960.38 shall be set aside to be expended for the permanent improvement of Evergreen Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.16 miles of road The sum of $127,488.47 shall be set aside to be expended for the permanent improvement of Westhaven Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 1.24 miles of road The sum of $184,681.02 shall be set aside to be expended for the permanent improvement of Hopkins Road to re-establish shoulders, drainage facilities, mill asphalt, and install an asphalt on 0.52 miles of road (Signatures on file on separate Agreement)