HomeMy WebLinkAboutTB Minutes 2013-11-18 Meeting of the Ithaca Town Board
Monday,November 18, at 5:30 p.m.
#F gf7 215 North Tioga Street, Ithaca, NY 14850
Agenda
1. Call to Order and Pledge of Allegiance
2. Report of Tompkins County Legislature
3. Report of Ithaca Common Council
4. Board of Fire Commissioner's Quarterly Report
5. Persons to be Heard and Board comments
6. Public hearing regarding a proposed local law amending Chapter 184 of the Town of
Ithaca Code entitled "Noise" to delete Section 184-12 A (9) concerning notification of
neighbors and modify Section 184-12 E to permit the waiving of a public hearing
a. Consider adoption
7. Public hearing regarding a proposed local law amending Chapter 200 of the Town of
Ithaca Code entitled "Parks and Recreation Areas" to change Section 200-3, Paragraphs
B, E, F and G concerning use of the parks by multiple persons, cleaning up pet waste and
locations for field games and picnics
a. Consider adoption
8. Consider adoption of the preliminary Town Budget, with changes from last meeting, as
the final Town Budget for 2014
9. Discuss and consider approval of an agreement among City of Ithaca, Town of Ithaca,
Town of Dryden and GHD Consulting Services, Inc. for the Final Design Phase and
Preparation of Bid Documents for the Ithaca Area Wastewater Treatment Facility's
influent building improvements and dewatering equipment
10. Discuss and consider approval of revised Information Technology Services Policy
11. Discuss and consider approval of the naming of the Pine Tree Wildlife Preserve
12. Authorization to apply for funding through the NYSDEC Urban and Community Forestry
Grant Program for a Tree Inventory
13. Discuss Advisory Opinion from the Town Ethics Board
14. Discuss the Implementation section of the draft Comprehensive Plan
15. Consider authorization to close capital project funds:
a. Town Hall Parking Lot Improvement
b. Harris B Dates Drive Road Improvement
c. Northview Road Tank Replacement Water Improvement
d. Danby Road Tank Replacement Water Improvement
16. Consider Consent Agenda Items
a. Approval of Town Board Minutes of November 7, 2013
b. Town of Ithaca Abstract
c. Approval of Floating Holiday
d. Approve permanent appointment of Senior Engineering Tech -- Slater
e. Ratify creation of an Assistant Production Manager position—Bolton Point
f. Ratify a creation of a Water Maintenance Specialist position—Bolton Point
g. Ratify creation of an Administrative Assistant III position—Bolton Point
17. Report of Town Officials
18. Report of Town Committees
19. Intermunicipal Organizations
20. Review of Correspondence
21. Consider Adjournment
Meeting of the Ithaca Town Board
Monday,November 18, 2013
Minutes
Board Members Present: Herb Engman, Supervisor; Bill Goodman, Deputy Town Supervisor;
Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Rod Howe
Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement;
Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources; Paulette
Terwilliger, Town Clerk and Susan Brock, Attorney for the Town
Item 1
Call to Order and Pledge of Allegiance
Meeting was called to order at 5:32 p.m.
Item 2 Report of Tompkins County Legislature—None
Item 3 Report of Ithaca Common Council—None
Item 4 Board of Fire Commissioner's Quarterly Report(Attachment 1)
Bill Gilligan reviewed the written reports and noted that the Board of Fire Commissioners is
working with 911 to find ways to categorize the types of calls the department will respond to and
therefore not roll out the fire trucks.
He talked about the volunteer recruitment effort noting that they have received 3 applications.
They have applied for a grant through FEMA because if they get a significant amount, the
training and gear are expensive and time consuming. They are getting their organizational
structure in place and they have a banner posted at Station 6 and they are looking at hanging one
at Station 5 and other locations in the city and town.
There is an opening for a City-appointed person on the Commission.
Mr. Levine Eric asked about the difference in training for fire police vs. interior and Mr. Gilligan
responded that fire police training can be done in a weekend whereas interior is over 130 hours.
Mr. Engman asked who does the training and Mr. Gilligan responded that the 911 center
organizes that and some of the IFD personnel are certified trainers. Mr. Engman asked about
recruitment from Ithaca College because there are people from downstate who are already
certified and want to volunteer. Mr. Gilligan responded that there used to be bunker programs
but we haven't done it in a while and we are starting to gear up and figure out the best approach.
Mr. Engman asked about a statement in the report about charging for false alarms and Mr.
Gilligan responded that the Common Council asked the Chief to develop a proposal and it has
not been reviewed yet by either the Common Council or the City Attorney. It seems like a good
idea but equitable enforcement becomes an issue very quickly. They are thinking it would occur
in rentals and commercial but what happens when Titus Towers goes off for burnt toast. The
idea is to focus on repeated alarms.
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Item 5 Persons to be Heard and Board comments—None
Item 6 Public hearing regarding a proposed local law amending Chapter 184 of the Town
of Ithaca Code entitled "Noise" to delete Section 184-12 A(9) concerning notification of
neighbors and modify Section 184-12 E to permit the waiving of a public hearing
Public hearing was opened at 5:47 p.m. There was no one wishing to address the Board and the
hearing was closed. Minor change made to the resolution.
TB Resolution No. 2013 - 141: Adoption of Local Law 9 of 2013 Amending the Town of
Ithaca Code, Chapter 184 entitled "Noise", to Delete Section 184-12.A.(9) Concerning
Notification of Neighbors and to Allow Waiving a Public Hearing
Whereas, Town Code Section 184-12.A.(9) of the Town of Ithaca Noise chapter requires that
applicants for a private event Noise Permit notify persons who might be affected by the noise of
the application so they could express any concerns about the noise; and
Whereas, after the application for a Noise Permit for church services in Tareyton Park in July of
2013, the Town Board expressed interest in reviewing that requirement, since there had often in
the past been questions about how the notification of neighbors had occurred and whether it was
adequate; and
Whereas, the Town Board's Personnel and Organization Committee reviewed that section of the
Noise chapter at its August 20, 2013 meeting and recommended that the requirement for
notification by the applicant be removed, with a policy being established that the Town would
itself notify neighbors of the application which policies were adopted by the Town Board at its
September 9, 2013 meeting;; and
Whereas, at its September 17, 2013 meeting the Personnel and Organization Committee
reviewed the rest of Town Code Section 184-12 and decided to recommend that a new provision
be added to allow the Town Board to waive the requirement of a public hearing in special
circumstances in order to give the Town Board flexibility in situations such as if the Ithaca
Journal fails to timely publish a hearing notice, as happened with the church services application;
and
Whereas, at its meeting on October 7, 2013, the Town Board discussed the proposed changes and
adopted a resolution for a public hearing to be held by said Town Board on November 18, 2013
at 5:30 PM to hear all interested persons on the proposed local law entitled"A Local Law
Amending the Town of Ithaca Code, Chapter 184 entitled"Noise", to Delete Section 184-
12.A.(9) Concerning Notification of Neighbors and to Allow Waiving a Public Hearing"; 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
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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 adoption of this local law 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 adoption of this local law is not subject to
review under SEQRA; now, therefore,be it
Resolved, that the Town Board of the Town of Ithaca does hereby adopt Local Law 9 of 2013
entitled"A Local Law Amending the Town of Ithaca Code, Chapter 184 entitled"Noise", to
Delete Section 184-12.A.(9) Concerning Notification of Neighbors and to Allow Waiving a
Public Hearing", and be it 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: Bill Goodman Seconded: Rod Howe
Vote: Ayes—Goodman, Hunter, Engman, Leary, Levine, Howe and DePaolo
Item 7 Public hearing regarding a proposed local law amending Chapter 200 of the Town
of Ithaca Code entitled "Parks and Recreation Areas" to change Section 200-3, Paragraphs
B, E, F and G concerning use of the parks by multiple persons, cleaning up pet waste and
locations for field games and picnics
Public hearing was opened at 5:49 p.m. There was no one wishing to address the Board and the
hearing was closed. Minor change made to the resolution.
Mr. DePaolo asked about the change to the picnic locations and Mr. Goodman responded that
there is no signage or designations at the parks but the law implies there is so the Committee
suggested taking it out.
TB Resolution No. 2013 - 142: Adoption of Local Law 10 of 2013 Amending the Town of
Ithaca Code, Chapter 200 entitled "Parks and Recreation Areas", to Change Section 200-3
Concerning Use of the Parks by Multiple Persons, Cleaning up Pet Waste and Locations
for Field Games and Picnics
Whereas, after receipt of an application for a Noise Permit for church services in Tareyton Park
in July of 2013, the Town of Ithaca Town Board expressed interest in reviewing the Town's
policies and laws relating to park usage; and
Whereas, the Town Board's Personnel and Organization Committee reviewed the General
Regulations section of the Town Code's Parks and Recreation Areas chapter at its August 20,
2013 meeting and recommended that certain policies be adopted regarding the use of tents in
certain parks which policies were adopted by the Town Board at its September 9, 2013 meeting;
and
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Whereas, at its September 17, 2013 meeting the Personnel and Organization Committee further
reviewed that section of the Parks and Recreation Areas chapter and decided to recommend some
wording changes to the law so that pet owners would not need to try to prevent their pets from
defecating in parks,but would still need to clean up after them, and so that field games and
picnics would be allowed in areas not specifically designated for such, since there few such
designated areas; and
Whereas, at its meeting on October 7, 2013, the Town Board discussed the proposed changes and
adopted a resolution for a public hearing to be held by said Town Board on November 18, 2013
at 5:30 PM to hear all interested persons on the proposed local law entitled"A Local Law
Amending the Town of Ithaca Code, Chapter 200 Entitled"Parks And Recreation Areas", to
Change Section 200-3 Concerning Use of the Parks by Multiple Persons, Cleaning up Pet Waste
and Locations for Field Games and Picnics"; 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, it has been determined by the Town Board
that adoption of this local law 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 adoption of this local law is not subject to
review under SEQRA; now, therefore,be it
Resolved, that the Town Board of the Town of Ithaca does hereby adopt Local Law 10 of 2013
entitled"A Local Law Amending the Town of Ithaca Code, Chapter 200 Entitled"Parks and
Recreation Areas", to Change Section 200-3 Concerning Use of the Parks by Multiple Persons,
Cleaning up Pet Waste and Locations for Field Games and Picnics", 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: Bill Goodman Seconded: Tee Ann Hunter
Vote: Ayes—Goodman, Hunter, Engman, Leary, Levine, Howe and DePaolo
Item 8 Consider adoption of the preliminary Town Budget, with changes from last
meeting, as the final Town Budget for 2014
Ms. Hunter asked about the $25K for the evaluation of Town Hall and Mr. Solvig responded that
the money is in the 2013 budget and represents a quarter of a percent.
TB Resolution No. 2013 - 143: Adoption of the 2014 Preliminary Budget as the Town of
Ithaca 2014 Final Budget
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Whereas, the Town Board of the Town of Ithaca held a public hearing at 215 North Tioga Street,
Ithaca, New York on the 81h day of November 2013, for the purpose of considering the Town of
Ithaca 2014 Preliminary Budget; and
Whereas, at such time and place all persons interested in the proposed budget were heard
concerning the same;
Now, therefore,be it
Resolved, that the Town Board hereby approves the adoption of the Town of Ithaca 2014
Preliminary Budget as the Town of Ithaca 2014 Final Budget.
Moved: Herb Engman Seconded: Eric Levine
Vote: Ayes—Engman, Levine, Goodman, Hunter, Leary, Howe and DePaolo
Item 9 Discuss and consider approval of an agreement among City of Ithaca, Town of
Ithaca, Town of Dryden and GHD Consulting Services, Inc. for the Final Design Phase and
Preparation of Bid Documents for the Ithaca Area Wastewater Treatment Facility's
influent building improvements and dewatering equipment
TB Resolution No. 2013 - 144: Approval of Agreement Among City of Ithaca, Town of
Ithaca, and Town of Dryden and GHD Consulting Services, Inc. for the Final Design Phase
and Preparation of Bid Documents for the Ithaca Area Wastewater Treatment Facility's
Influent Building Improvements and Dewatering Equipment
Whereas the Ithaca Area Wastewater Treatment Facility("IAWTF") is in need of certain Capital
Improvements, and
Whereas GHD Consulting Services, Inc. ("GHD") completed an Engineering Report entitled
"Ithaca Area WWTF Influent Building and Dewatering System Improvements Study" as the
final project funded by Capital Project 416J, and
Whereas in order for the IAWTF municipal owners and staff to maintain their goals as embodied
in the IAWTF's five year capital plan, the municipal owners propose to enter into an agreement
with GHD that provides engineering services for the next set of proposed capital improvements,
and
Whereas the municipal owners seek authorization for an amount not to exceed $274,000 that will
allow GHD to design the improvements to the Influent Building, including replacement of the
bar screen equipment, and the addition of a new biosolids dewatering system as identified in the
aforementioned engineering study, and
Whereas the Special Joint Committee (SJC) approved said professional services contract with
GHD at its meeting of October 9, 2013 contingent on fund availability and attorney approval of
the agreement, and
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Whereas the funding supplied by this resolution will be placed in accounts for Capital Project
419J; now, therefore,be it
Resolved that the Town Board of the Town of Ithaca hereby recommends an amount not to
exceed $266,100 to fund the proposed agreement with GHD utilizing funds from the new
authorization for CP 419J and
Resolved that each owner's share of the cost according to each municipality's percentage of
ownership interest in the IAWTF is as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $152,049.54
Town of Ithaca 40.88 108,781.68
Town of Dryden 1.98 5,268.78
$ 266,100.00
Resolved that the Town Board of the Town of Ithaca approves the proposed Agreement Among
City of Ithaca, Town of Ithaca and Town of Dryden and GHD Consulting Services Inc. to
perform the final design phase of the improvements to the influent building and the dewatering
system, and authorizes the Town Supervisor to execute the Agreement, contingent upon approval
of the Agreement by all IAWTF owners and subject to the approval of the Attorney for the
Town.
Moved: Rich DePaolo Seconded: Tee Ann Hunter
Vote: Ayes—DePaolo, Hunter, Engman, Leary, Levine, Howe and Goodman
Item 10 Discuss and consider approval of revised Information Technology Services Policy
Ms. Drake gave the background. This tweaks the current policy, adds social media and guest
wife. There was some question about accessing quest wife versus secured wife by board members
and staff thought it was for security reasons and town-computers versus home computers. With
all the smart phones we instituted a guest wifi for staff and residents which just gives access; a
question for Ms. Carrier-Titti if he would like.
TB Resolution No. 2013 - 145: Approval of Revisions to Information Technolol!y Systems
(ITS) Policy
Whereas,the Town Board adopted the current Information Technology Systems Policy in July
2009; and
Whereas, the revised policy has been reviewed and edited by the Personnel and Organization
Committee due to the need to add a section on social media; and
Whereas, the collective bargaining units have reviewed the changes recommended; and
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Whereas, Southern Cayuga Lake Intermunicipal Water Commission has reviewed and approved
the recommended revised policy; now, therefore, be it
Resolved,the Town Board of the Town of Ithaca does hereby approve the revised Information
Technology Systems (ITS) Policy; and be it further
Resolved, the Human Resources Manager is directed to update the policies in the Personnel
Manual.
Moved: Bill Goodman Seconded: Pat Leary
Vote: Ayes—Goodman, Leary, Hunter, Engman, Levine, Howe and DePaolo
Item 11 Discuss and consider approval of the naming of the Pine Tree Wildlife Preserve
Mr. Engman noted that Ms. Brock thought we needed to do SEQR on the transfer of the property
and she has researched it briefly and thinks we should. The Board decided to do the SEQR and
acceptance in December and change the resolution to simply reflect the naming of the property.
The resolution was changed.
TB Resolution No. 2013- 146: Naming of the Pine Tree Wildlife Preserve
Whereas, a local family has generously offered to transfer approximately 14 acres of land
between Pine Tree Road and Snyder Hill Road to the Town of Ithaca to be used as a wildlife
preserve; and
Whereas, the preserve adds to the contiguous 12-acre East Ithaca Nature Preserve and the East
Hill (Pew) Trail; and
Whereas, the Town Board entered into a Memorandum of Understanding with the Finger Lakes
Land Trust for the cooperative effort of protecting the land graciously offered by the residents
who wish to remain anonymous to the extent possible; now, therefore, be it
Resolved that the Town Board names the acreage the "Pine Tree Wildlife Preserve".
Moved: Herb Engman Seconded: Bill Goodman
Vote: Ayes—Engman, Goodman, Hunter, Leary, Levine, Howe and DePaolo
Item 12 Authorization to apply for funding through the NYSDEC Urban and Community
Forestry Grant Program for a Tree Inventory
Mike Smith explained the grant program which is specifically targeting tree inventories with no
local match required this year. One of the constraints is the inventory has to be done on town
land. Mr. Smith is working with some local consultants, one of which is an arborist and another
is a forest ecologist and their estimate is $21,500 to do town roads and right-of-ways and an
assessment of the town parks and preserves along with hazardous assessments along the trails.
Discussion followed on whether we could piggyback on the grant to evaluate any trees that are a
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danger to our roads as a way to maximize the efforts, whether it would improve our chances if
we did offer a local match and why we are not asking for the full amount. Mr. Smith said we
could consider expanding the scope and looking into whether a match improves our chances. He
noted that we have to justify the amount we are asking in a very detailed way and this amount is
what he came up with. Minor changes were made to the resolution.
TB Resolution No. 2013 -147: Authorization to Apply for Funding through the New York
State Department of Environmental Conservation's Urban and Community Forestry
Grant Program for a Tree Inventory
Whereas, the New York State Department of Environmental Conservation (NYSDEC) has
announced the availability of funding under the Urban and Community Forestry Grant Program,
which includes a category for Tree Inventories, and
Whereas, the maximum assistance allowed toward the cost of the project is $25,000 for
community grants, with tree inventories not requiring any match, and
Whereas, the Town of Ithaca Public Works Committee discussed the tree inventory project at
their regular meeting on October 15, 2013, and express their support for the project and
submitting a grant application; and
Whereas, the Town of Ithaca Conservation Board, on November 7, 2013, expressed their support
for this grant application and tree inventory project as a step to promote the long term health of
the Town's trees; and
Whereas, the Town estimates the total cost to be $23,000 to conduct a tree inventory and
assessment of all Town lands, outlined further in the application for this tree inventory, and
Whereas, grant applications are due by December 5, 2013, now therefore be it
Resolved, that Herbert Engman, as Supervisor of the Town of Ithaca, is hereby authorized and
directed to file an application for a Tree Inventory under NYSDEC's Urban and Community
Forestry Grant Program in an amount not to exceed $23,000, and upon approval of said request
to enter into and execute a project agreement with the New York State Department of
Environmental Conservation for such financial assistance to the Town of Ithaca for a Tree
Inventory.
Moved: Bill Goodman Seconded: Tee Ann Hunter
Vote: Ayes—Goodman, Hunter, Engman, Leary, Levine, Howe and DePaolo
Item 13 Discuss Advisory Opinion from the Town Ethics Board
Mr. Engman referred to the memo re.: the matter concerning Bill Goodman and read the
conclusion from the Ethics Board. " At present there is no contract before the Town Board
related to the development of the Biggs project, therefore the Ethics Board finds no conflict of
interest on the part of Bill Goodman in his efforts in writing a grant for the County."
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Board comments —None.
The second item from the Ethics Board is the referral of the question relating to the appointment
of Ellie Stewart. The Ethics Board cannot rule on itself and the question is whether Ms. Stewart
can serve because her husband is a County Legislator who has spoken out in favor of the Biggs
Project. The Town Board has discussed this at the appointment of Ms. Stewart.
Discussion — Ms. Hunter asked if she has been engaged in the conflict of interest question and
Ms. Terwilliger responded that the first meeting did not have a quorum and the second one did as
well as Ms. Stewart for a total of 4 out of the 5 seats. She was brought up to speed through
emails and discussions at the second meeting with the other members. Ms. Hunter thought it was
an unfortunate choice and we have exposed ourselves to something that some people may think
is less than above board. She went on to say that she is content with what the Ethics Board
stated but she didn't know why we would compromise ourselves instead of looking a little harder
for someone.
Mr. Engman responded that we had already vetted and appointed her previously so he thought it
wasn't a problem to get her on when she became available. Ms. Leary added that when the
board appointed her at the last meeting we knew all this information and she felt strongly that a
person's marital status or who they are married to or friends with shouldn't matter. Ithaca is a
small town with a small pool of active and engaged citizens and we are limited as to political
arty. She added that she would prefer to limit it to Town of Ithaca residents but we had so much
trouble filling the seats we expanded it to County residents. Discussion followed.
Ms. Hunter asked about the process for filling the seat and whether we published the vacancy or
just put her name forward. Mr. Engman restated that since we had almost appointed her less
than a year ago he put her name forward since we had had a hard time filling the seat before and
still have another seat to fill.
Mr. DePaolo thought there were two things to consider; one is that these types of questions will
always come to the Town Board and secondly, where else does Ms. Hunter see another issue
coming up with this appointment and Ms. Hunter responded that she would have felt more
comfortable if we had adhered to our usual process in letting the community know we had an
opening on the Board and allowing people to submit their names instead of picking someone that
just stepped down from a position that had made them ineligible and it was a little sloppy in the
process and we should have done our usual operating procedure and she asked that as we move
forward that we do that when vacancies come up.
Mr. Engman asked if there were any motions to do anything different or to do anything in
response to the complaint about the appointment of Ellie Stewart?
Ms. Hunter moved that the Board put her appointment on hold until we publish a notice inviting
applicants for that seat. Mr. DePaolo seconded for the purposes of discussion and asked the
question that since she is already appointed, how would that work? Ms. Brock responded that
under our Code a member can only be removed for gross misconduct or neglect of duty, General
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Municipal Law says at any time but we should follow our Code. Ms. Hunter withdrew the
motion.
Mr. Levine asked if we owe a response to Ms. Zapala and how that would happen. Discussion
followed and Ms. Leary moved that the Town Board finds no conflict of interest in the
appointment of Ellie Stewart to the Ethics Board or in her participation in the investigation of the
complaint against Bill Goodman. There is no inherent conflict of interest in the fact that she is
married to a County Legislator. Mr. Levine seconded.
Discussion followed with Ms. Leary feeling strongly that the fact that the complaint focused
primarily on Ms. Stewart's marital situation and that is not right.
Mr. DePaolo suggested an amendment to the resolution striking the "married to a County
Legislator". The amendment failed for lack of a second.
Discussion followed. Ms. Hunter did not like the resolution because it is not a well thought out
response and she is not comfortable with it. Mr. DePaolo thought it was more prudent to
reference the complaint and say that the board discussed the referral and chose to take no action.
Mr. Engman responded that that might not be a full enough response for the complainant. Ms.
Terwilliger read the resolution as it stood and Ms. Brock offered an amendment to the resolution
that also referenced her participation in the complaint against Mr. Goodman which was found in
Ms. Zapala's email:
Town Board finds no conflict of interest to the appointment of Ellie Stewart to the Ethics Board
or in her participation of the investigation of the complaint against Bill Goodman. There is no
inherent conflict of interest in the fact that she is married to a county legislator.
TB Resolution No. 2013-148: Referral from the Ethics Board re.: Appointment of Ms.
Stewart
Whereas the Ethics Board referred a question from a resident to the Town Board regarding a
possible conflict of interest in the appointment of Ellie Stewart to the Town Ethics Board Town
Board, now therefore be it
Resolved that the Town Board finds no conflict of interest in the appointment of Ellie Stewart to
the Ethics Board or in her participation of the investigation of the complaint against Bill
Goodman. There is no inherent conflict of interest in the fact that she is married to a county
legislator.
Moved: Pat Leary Seconded: Eric Levine
Vote: Ayes—Leary, Levine, DePaolo, Engman and Howe Nays—Hunter
Abstentions: Goodman
Item 14 Discuss the Implementation section of the draft Comprehensive Plan
Ms. Ritter reviewed the section with the Board making some minor changes. One of the keys
was the priority listings and types and everything seems to be a priority and Ms. Ritter explained
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that high priorities had to do with getting the zoning and code done but that will take years and
Mr. DePaolo asked if this locked us into these priorities and Ms. Ritter responded it does not;
they can change as resources become available or other avenues to move forward with any item.
Ms. Ritter noted that these are generalized comments from the Plan's Goals and
Recommendations so they match up with what we have already discussed and Staff will be
making edits and changes to make sure everything matches up. The next step is to get the draft
GEIS ready and the final version of the Draft Plan for a public hearing.
Item 15 Consider authorization to close capital project funds:
TB Resolution No. 2013 - 149: Authorization to Close the Town Hall Parking Lot
Improvement Capital Proiect Fund
Whereas, the Town Board of the Town of Ithaca authorized the Town Hall Parking Lot
Improvement Capital Project Fund under Resolution No. 2012-219e on December 10, 2012; and
Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have
certified Town Hall Parking Lot Improvement project has been completed to the satisfaction of
the Town; and
Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity
in the approximate amount of$29,962.78; now, therefore, be it
Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this
Town Board declares said project complete; and be it further
Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to
close the accounting and financial records for the Town Hall Parking Lot Improvement Capital
Project Fund; and be it further
Resolved, that the Town Board approves, authorizes and directs the remaining equity in the
Town Hall Parking Lot Improvement Capital Project Fund be transferred to the Debt Service
Fund for payment of principal and interest of the 2013 Public Improvement(Serial) Bonds.
Moved: Bill Goodman Seconded: Tee Ann Hunter
Vote: Ayes—Goodman, Hunter, Engman, Leary, Howe, DePaolo and Levine
TB Resolution No. 2013— 150: Authorization to Close the Harris B. Dates Drive Road
Improvement Capital Proiect Fund
Whereas, the Town Board of the Town of Ithaca authorized the Harris B. Dates Drive Road
Improvement Capital Project Fund under Resolution No. 2012-188 on October 15, 2012; and
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Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have
certified the Harris B. Dates Drive Road Improvement project has been completed to the
satisfaction of the Town; and
Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity
in the approximate amount of$2,852.36,
Now, Therefore, Be It
Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this
Town Board declares said project complete; and be it further
Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to
close the accounting and financial records for the Harris B. Dates Drive Road Improvement
Capital Project Fund; and be it further
Resolved, that the Town Board approves, authorizes and directs the remaining equity in the
Harris B. Dates Drive Road Improvement Capital Project Fund be transferred to the Debt Service
Fund for payment of principal and interest of the 2013 Public Improvement(Serial) Bonds.
Moved: Pat Leary Seconded: Tee Ann Hunter
Vote: Ayes—Leary, Hunter, Goodman, Engman, Howe, DePaolo and Levine
TB Resolution No. 2013— 151: Authorization to Close the Northview Road Tank
Replacement Water Improvement Capital Protect Fund
Whereas, the Town Board of the Town of Ithaca authorized the Northview Road Tank
Replacement Water Improvement Capital Project Fund under Resolution No. 2012-101 on May
7, 2012; and
Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have
certified the Northview Road Tank Replacement Water Improvement project has been completed
to the satisfaction of the Town; and
Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity
in the approximate amount of$6,554.99, now, therefore, be it
Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this
Town Board declares said project complete; and be it further
Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to
close the accounting and financial records for the Northview Road Tank Replacement Water
Improvement Capital Project Fund; and be it further
Resolved, that the Town Board approves, authorizes and directs the remaining equity in the
Northview Road Tank Replacement Water Improvement Capital Project Fund be transferred to
12
the Debt Service Fund for payment of principal and interest of the 2013 Public Improvement
(Serial) Bonds.
Moved: Eric Levine Seconded: Rod Howe
Vote: Ayes—Levine, Howe, Hunter, Engman, Leary, DePaolo and Goodman
TB Resolution No. 2013— 152: Authorization to Close the Danby Road Tank Replacement
Water Improvement Capital Project Fund
Whereas, the Town Board of the Town of Ithaca authorized the Danby Road Tank Replacement
Water Improvement Capital Project Fund under Resolution No. 2012-102 on May 7, 2012; and
Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have
certified the Danby Road Tank Replacement Water Improvement project has been completed to
the satisfaction of the Town; and
Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity
in the approximate amount of$39,791.15; now, therefore, be it
Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this
Town Board declares said project complete; and be it further
Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to
close the accounting and financial records for the Danby Road Tank Replacement Water
Improvement Capital Project Fund; and be it further
Resolved, that the Town Board approves, authorizes and directs the remaining equity in the
Danby Road Tank Replacement Water Improvement Capital Project Fund be transferred to the
Debt Service Fund for payment of principal and interest of the 2013 Public Improvement (Serial)
Bonds.
Moved: Tee Ann Hunter Seconded: Rich DePaolo
Vote: Ayes—Hunter, DePaolo, Goodman, Engman, Leary, Howe, and Levine
Item 16 Consider Consent Agenda Items
TB Resolution No. 2013 - 153: Adopt Consent Agenda
Be It Resolved that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Town of Ithaca Abstract
b. Approval of Floating Holiday
c. Approve permanent appointment of Senior Engineering Tech -- Slater
d. Ratify creation of an Assistant Production Manager position—Bolton Point
e. Ratify a creation of a Water Maintenance Specialist position—Bolton Point
f. Ratify creation of an Administrative Assistant III position—Bolton Point
13
Moved: Rod Howe Seconded: Rich DePaolo
Vote: Ayes—Howe, DePaolo, Goodman, Hunter, Engman, Leary, and Levine
TB Resolution No. 2013 -153a: 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. 4565 - 4630
General Fund Town wide 86,367.14
General Fund Part Town 6,234.55
Highway Fund Part Town 43,545.86
Water Fund 5,978.31
Sewer Fund 41,823.93
Salt Storage Building Replacement 17,051.13
Whitetail Drive Reconstruction 2,712.00
Risk Retention Fund 30.00
Fire Protection Fund 264,792.00
Forest Home Lighting District 49.91
Glenside Lighting District 19.79
Renwick Heights Lighting District 26.39
Eastwood Commons Lighting District 34.30
Clover Lane Lighting District 4.59
Winner's Circle Lighting District 6.83
Burleigh Drive Lighting District 15.95
West Haven Road Lighting District 63.39
Coddington Road Lighting District 36.83
Trust and Agency 264.79
TOTAL 469,057.69
TB Resolution No. 153b: Approval of Floating Holiday for 2014.
Whereas, there is an annual poll conducted of all town and SCLIWC employees to determine
their preference for the next year's floating holiday; and
Whereas, the majority of the combined employees of Town Hall and Public Works Facility have
indicated, Monday, July 7, 2014 as their preference for the floating holiday; and
14
Whereas, the majority of the SCLIWC employees have indicated, Friday, December 26, 2014 as
their preference for the floating holiday; now, therefore,be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the Floating Holiday for
2014 for Town staff as Monday, July 7, 2014 as requested by the majority of the employees of
Town Hall and Public Works staff; and be it further
Resolved, the Town Board does hereby approve the Floating Holiday for 2014 for SCLIWC staff
as Friday, December 26, 2014 as requested by the majority of the employees of SCLIWC.
TB Resolution No. 2013 — 153c: Approval of Permanent Appointment of Senior Engineering
Technician— Slater
Whereas, the Town Board on December 17, 2012 promotionally appointed Joseph Slater to the
position of Senior Engineering Technician, pending results from the next civil service exam; and
Whereas, Tompkins County Civil Service has provided the certificate of eligible listing for the
title of Senior Engineering Technician, and Joseph Slater was one of the top three candidates;
now, therefore,be it
Resolved, that the Town of Ithaca does hereby appoint Joseph Slater to the position of Senior
Engineering Technician in the permanent status with no change in current compensation or
benefits; and, be it further
RESOLVED, an eight (8) week probationary period applies, with no further action by the Town
if there is successful completion of the probationary period as determined by the Director of
Public Works.
TB Resolution No. 2013— 153d: Ratify Approval of Creation of Assistant Production
Manager Position at SCLIWC
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission(Commission), has been
working with the Tompkins County and New York State Civil Service Agencies in accordance
with applicable Civil Service laws, rules and regulations to establish and maintain appropriate
titles and positions; and
Whereas, the Commission's Personnel and Organizational Committee discussed the needs of the
organization and determined that an Assistant Production Manager title and job description was
appropriate for the future of the organization; and
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission established the
following position in accordance with applicable New York State and Tompkins County Civil
Service classification rules:
1. The following position is established and is a position in the competitive class pursuant to
Section 44 of the Civil Service Law:
15
(a) One Assistant Production Manager
Now, Therefore, Be It
Resolved, that the Town Board of the Town of Ithaca hereby ratifies the Commission's creation
of an Assistant Production Manager position and job description
TB Resolution No. 2013 — 153e: Ratify Approval of Creation of Water Maintenance Specialist
Position at SCLIWC
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission(Commission), has been
working with the Tompkins County and New York State Civil Service Agencies in accordance
with applicable Civil Service laws, rules and regulations to establish and maintain appropriate
titles and positions; and
Whereas, the Commission's Personnel and Organizational Committee discussed the needs of the
organization and determined that an Water Maintenance Specialist title and job description was
appropriate for the future of the organization; and
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission established the
following position in accordance with applicable New York State and Tompkins County Civil
Service classification rules:
1. The following position is established and is a position in the competitive class pursuant to
Section 44 of the Civil Service Law:
(a) One Water Maintenance Specialist—Pending jurisdictional classification as non-
competitive
Now, Therefore, Be It
Resolved, that the Town Board of the Town of Ithaca hereby ratifies the Commission's creation
of a Water Maintenance Specialist position and job description
TB Resolution No. 2013 — 153f: Ratify Approval of Creation of Administrative Assistant III
Position at SCLIWC
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission (Commission), has been
working with the Tompkins County and New York State Civil Service Agencies in accordance
with applicable Civil Service laws, rules and regulations to establish and maintain appropriate
titles and positions; and
Whereas, the Commission's Personnel and Organizational Committee discussed the needs of the
organization and determined that an Administrative Assistant III title and job description was
appropriate for the future of the organization; and
16
rs
f
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission established the
following position in accordance with applicable New York State and Tompkins County Civil
Service classification rules:
1. The following position is established and is a position in the competitive class pursuant to
Section 44 of the Civil Service Law:
(a) One Administrative Assistant III
Now, Therefore, Be It
Resolved, that the Town Board of the Town of Ithaca hereby ratifies the Commission's
creation of an Administrative Assistant III position and job description
Meeting was adjourned at 7:17 p.m. upon motion and a second.
Submitted.
Wl
re TerwPauletre T erwilliger
17
SUMMARY OF CHANGES TO 2014 TOWN BUDGET
2013 2014 2014 2014
FUND ADOPTED TENTATIVE PRELIMINARY ADOPTED
BUDGET BUDGET BUDGET BUDGET
GENERAL TOWNWIDE FUND $ 5,422,907 $ 4,884,913 $ 4,864,003 $ 4,884,003
GENERAL PART-TOWN FUND 1,470,110 1,483,625 1,513,475 1,608,475
HIGHWAY PART-TOWN FUND 3,777,660 3,650,300 3,650,300 3,650,300
WATER FUND 4,016,137 5,444,650 5,444,650 5,444,650
SEWER FUND 2,476,540 2,592,270 2,592,370 2,592,370
RISK RETENTION FUND 15,500 15,500 15,500 15,500
FIRE PROTECTION FUND 3,307,500 3,435,000 3,435,000 3,435,000
LIGHT DISTRICT FUNDS 13,020 14,020 14,020 14,020
INLET VALLEY CEMETERY FUND 1,500 1,500 1,500 1,500
DEBT SERVICE FUND 750,729 994,700 994,700 994,700
TOTAL TOWN BUDGET $ 21,251,603 $ 22,516,478 $ 22,525,518 $ 22,640,518
GENERAL TOWNWIDE FUND:
- Restore funding for Hydrilla Outreach Activities in the amount of$5,000.
- Decrease funding for Recreation Partnership by$910 to$61,333(per Board Member Levine).
- Decrease funding for PWF Emergency Generator by$50,000;fund over Fiscal Years 2014 and 2015.
- Increase funding for Sustainability Planner by$25,000. Net of anticipated Park Foundation grant.
- Partially restore funding for Bus Operations/TCAT in the amount of$25,000.
- Decrease funding for Contingency by$5,000 for a total budgeted amount of$5,000.
- The Adopted 2014 Budget for the General Townwide Fund will total $4,884,003.
GENERAL PART-TOWN FUND:
- Increase funding for Student Interns under Planning by$150 to$6,750. (Correction)
- Add $29,700 to Planning Studies for Cayuga Lake Study. This amount will be offset by Grant Revenue.
- Add $95,000 to Planning Studies for S.R. 96B Pedestrian Corridor Study. This amount will be partially
offset by Grant Revenue of$76,000 for a net increase of$19,000.
- The Adopted 2014 Budget for the General Part-Town Fund will total$1,608,475.
SEWER FUND:
- Increase funding for Contractual under Information Technology by$100 to$10,750. (Correction)
- The Adopted 2014 Budget for the Sewer Fund will total$2,592,370.
PROPERTY TAX BILL FOR A TYPICAL PROPERTY IN THE TOWN OF ITHACA
Major Components to Property Tax Bill 2012 2013 2014
GENERAL TOWNWIDE PROPERTY TAX RATE $ 1.752 $ 1.777 $ 1.946
HIGHWAY PART-TOWN PROPERTY TAX RATE 0.830 1.109 1.094
FIRE PROTECTION DIST.PROPERTY TAX RATE 3.800 3.602 3.536
WATER BENEFIT ASSESSMENT CHARGE/UNIT 90.00 95.00 95.00
SEWER BENEFIT ASSESSMENT CHARGE/UNIT 25.00 25.00 25.00
TOTAL TOWN TAX ON TYPICAL' PROPERTY* $ 1,327.58 $ 1,352.72 $ 1,369.44
TOWN TAX INCREASE FROM PRIOR YEAR $ 62.38 $ 25.14 $ 16.74
PERCENTAGE INCREASE FROM PRIOR YEAR 4.98% 1.89% 1.24%
*A Typical Property in the Town of Ithaca is a Single-Family Residence with an Assessed Value of$190,000.
TOWN OF ITHACA, NEW YORK
SUMMARY OF FISCAL YEAR 2014 BUDGET BY FUND
ESTIMATED APPROPRIATED AMOUNT TO BE
TOWN FUNDS: APPROPRIATIONS REVENUE FUND BALANCE RAISED BY TAX
A GENERAL TOWNWIDE FUND $ 4,884,003 $ 1,921,800 $ 442,203 $ 2,520,000
B GENERAL PART-TOWN FUND 1,608,475 1,328,350 280,125 -
DB HIGHWAY PART-TOWN FUND 3,650,300 2,536,500 113,800 1,000,000
F WATER FUND 5,444,650 5,097,000 (417,274) 764,924
G SEWER FUND 2,592,370 2,112,000 282,701 197,669
R RISK RETENTION FUND 15,500 25,000 (9,500) -
TE INLET VALLEY CEMETERY FUND 1,500 - 1,500 -
V DEBT SERVICE FUND 994,700 780,383 214,317 -
TOTAL-TOWN FUNDS $ 19,191,498 $ 13,801,033 $ 907,872 $ 4,482,593
SPECIAL DISTRICT FUNDS:
SF FIRE PROTECTION FUND $ 3,435,000 $ 35,000 $ (100,000) $ 3,500,000
SL1 FOREST HOME LIGHT DISTRICT 3,400 - - 3,400
SL2 GLENSIDE LIGHT DISTRICT 750 - 100 650
SL3 RENWICK HEIGHTS LIGHT DISTRICT 1,100 - 150 950
SL4 EASTWOOD COMMONS LIGHT DISTRICT 2,200 - 300 1,900
SL5 CLOVER LANE LIGHT DISTRICT 270 - 45 225
SL6 WINNER'S CIRCLE LIGHT DISTRICT 800 - 100 700
SL7 BURLEIGH DRIVE LIGHT DISTRICT 900 - 100 800
SL8 WESTHAVEN ROAD LIGHT DISTRICT 2,900 - 400 2,500
SL9 CODDINGTON ROAD LIGHT DISTRICT 1,700 - 200 1,500
TOTAL-SPECIAL DISTRICT FUNDS: $ 3,449,020 $ 35,000 $ (98,605) $ 3,512,625
GRAND TOTAL-ALL FUNDS: $ 22,640,518 $ 13,836,033 $ 809,267 $ 7,995,218
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TOWN OF ITHACA 2014 BUDGET
SUMMARY OF APPROPRIATIONS FOR COMMUNITY SERVICES&PROGRAM SUPPORT
BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET
ACCOUNT PROGRAM DESCRIPTION 2009 2010 2011 2012 2013 2014
PUBLIC TRANSPORTATION SUPPORT
A5630.469 BUS OPERATIONS/TCAT 50,000 50,000 50,000 50,000 50,000 25,000
TOTAL-PUBLIC TRANSPORTATION SUPPORT 50,000 50,000 50,000 50,000 50,000 25,000
TOWN/CITY PARKS SUPPORT
A7110.460 CITY OF ITHACA PARKS CONTRIBUTION 108,000 111,240 111,240 111,240 111,240 111,240
A7110.461 CODDINGTON ROAD COMMUNITY CNTR 6,800 6,800 6,800 6,800 6,800 6,800
TOTAL-TOWN/CITY PARKS SUPPORT 114,800 118,040 118,040 118,040 118,040 118,040
COMMUNITY GARDENS
A7180.487 COMMUNITY GARDENS 0 0 2,000 3,000 6,000 8,000
TOTAL-COMMUNITY GARDENS 0 0 2,000 3,000 6,000 8,000
YOUTH SERVICES&PROGRAMS
A7320.461 CODDINGTON RD CC SUMMER CAMPS 11,600 11,600 11,600 11,600 11,833 12,070
A7320.463 RECREATION PARTNERSHIP 57,786 59,245 59,245 59,245 60,430 61,333
A7320.464 TOWN YOUTH EMPLOYMENT INITATIVE 21,184 22,492 22,492 22,492 27,900 28,458
A7320.465 COOPERATIVE EXTENSION 23,318 23,318 38,318 44,262 38,537 39,308
A7320.466 LEARNG WEB/YOUTH WORKS 63,810 63,810 53,810 55,963 57,081 58,222
TOTAL-YOUTH SERVICES&PROGRAMS 177,698 180,465 185,465 193,562 195,781 199,391
PUBLIC LIBRARY SUPPORT
A7410.467 TOMPKINS COUNTY PUBLIC LIBRARY 20,000 20,000 20,000 20,000 20,000 20,000
TOTAL-PUBLIC LIBRARY SUPPORT 20,000 20,000 20,000 20,000 20,000 20,000
SENIOR SERVICES&PROGRAMS
A8989.468 LIFE-LONG 9,680 9,680 9,000 9,000 9,000 9,000
A8989.468 HUMAN SERVICES COALITION 4,000 5,200 5,000 5,000 5,000 5,000
A8989.469 BUS OPERATIONS/GADABOUT 12,000 12,000 12,000 12,000 12,000 12,000
TOTAL-SENIOR SERVICES&PROGRAMS 25,680 26,880 26,000 26,000 26,000 26,000
SPECIAL ITEMS
A1920.483 HYDRILLA OUTREACH CONTRIBUTION 0 0 0 0 5,000 5,000
TOTAL-SPECIAL ITEMS 0 0 0 0 5,000 5,000
WATER QUALITY MONITORING PROGRAM
B8020.480 WATER QUALITY MONITORING PROGRAM 17,100 17,100 17,100 17,400 0 0
F8310.480 WATER QUALITY MONITORING PROGRAM 0 0 0 0 18,740 18,740
TOTAL-WATER QUALITY MONITORING 17,100 17,100 17,100 17,400 18,740 18,740
TOTAL-COMMUNITY SERVICES&PROGRAM SUPPORT 406,749 412,485 418,605 428,002 439,561 420,171
TRANSFER TO PARKS AND OPEN SPACE PLAN RESERVE
PARKS&OPEN SPACE PLAN RESERVE PROGRAM 50,000 60,000 72,000 75,000 75,000 75,000
TOTAL-PARKS&OPEN SPACE PLAN TRANSFER 50,000 60,000 72,000 75,000 75,000 75,000
TOTAL-TRANSFERS TO RESERVE ACCOUNTS 50,000 60,000 72,000 75,000 75,000 75,000
Advisory Opinion of the Town of Ithaca Ethics Board to the Ithaca Town Board
Recently, the Town Ethics Board received emails from Sophie Zapala, questioning conflicts of
interest of Bill Goodman, Deputy Town Supervisor and Town Board Member for the Town of
Ithaca, and Ellie Stewart, newly appointed member of the Town of Ithaca Ethics Board. Both
emails are attached as Exhibit A. The members of the Town Ethics Board convened to address
her concerns and did interview the parties as related to the specific concerns of Ms. Zapala. The
Advisory Opinion related to both inquiries are set out below.
The Email related to Bill Goodman
1. Tompkins County(hereinafter"County") is going to sell the Biggs property.
2. The County received a proposal from a developer that wants to put in an eco-type village on
the Biggs property.
3. The County Planning Board, in the process of evaluating the feasibility of the new
development, obtained a grant with the assistance of Bill Goodman to evaluate the energy
savings of an eco-type village based on the energy savings in the existing EcoVillage (TREE)
and the pocket neighborhood on Aurora St.
4. Bill Goodman is an attorney, represents EcoVillage as an attorney, is a board member of
EcoVillage and the Deputy Town Supervisor and Town Board Member for the Town of Ithaca
(hereinafter"Town").
5. Mr. Goodman represents the Town at large, as do all members of the Town board. He does
not represent any specific area in the Town.
6. With Mr. Goodman's efforts, the grant was awarded and resulted in a financial benefit to
EcoVillage (his client). The grant also allows for further investigation and consideration of the
offer made by the developer of the Biggs property to the County, not the Town.
7. Mr. Goodman received no direct financial compensation for his efforts.
8. There are Town constituents that oppose the eco-type village.
9. Mr. Goodman, as an elected official of the Town at large, is not bound to vote for or against
the wants or desire of select interest groups.1
10. The only vote put to the Town Board to date concerning the Biggs project was whether or
IRepresentation. When a town board member votes on a proposal before a town board, he
or she is representing,through that vote, the views of all of the residents of the town. Thus, a
high personal responsibility rests on individual town board members. It requires that they
exercise careful consideration in making important decisions which will affect the lives of town
residents and businesses., Association of Towns of the State of York Town Law Manual
not the Town Board should pass their comments on to the County Board concerning the
development of the Biggs property. That proposition is attached as Exhibit B and is critical of
the proposed development by the County.
12. The argument posed by the concerned citizen is that Mr. Goodman has a conflict of interest
and should not have participated or participate in the future in any votes related to the
development of the Biggs property as an eco-type village because the grant resulted in financial
gain to his client, EcoVillage. It speaks of no future financial advantage to EcoVillage.
13. Under New York State General Municipal Law Section 800 (3) "Interest"means a pecuniary
or material benefit accruing to a municipal officer or employee as the result of a business or
professional transaction with the municipality which such officer or employee serves. For the
purposes of this article a municipal officer or employee shall be deemed to have an interest in the
affairs of(a) his spouse, minor children and dependents, (b) a firm,partnership or association of
which such officer or employee is a member or employee, (c) a corporation of which such officer
or employee is an officer, director or employee and(d) a corporation any stock of which is
owned or controlled directly or indirectly by such officer or employee. This section of the NY
State General Municipal Law is essentially the same as has been adopted by the Town of Ithaca
in its Code of Ethics.
14. Section 801 of the General Municipal Law provides: Conflicts of interest prohibited.
Except as provided in section eight hundred two of this chapter, (1) no municipal officer or
employee shall have an interest, direct or indirect, in any contract with the municipality of which
he is an officer or employee, when such officer or employee, individually or as a member of a
board , has the power or duty to (a) negotiate prepare, authorize or approve the contract or
authorize or approve payment thereunder, (b) audit bills or claims under the contract, or(c)
appoint an officer or employee who has any of the powers or duties set forth above and(2) no
chief fiscal officer, treasurer, or his deputy or employee, shall have an interest, direct or indirect,
in a bank or trust company designated as a depository,paying agent, or for investment of funds
of the municipality of which he is an officer or employee. The provisions of this section shall in
no event be construed to preclude the payment of lawful compensation and necessary expenses
of any municipal officer or employee in one or more public offices or positions of employment,
the holding of which is not prohibited by law.
15. At present there is no contract before the Town Board related to the development of the
Biggs project, therefore, the Ethics Board finds no conflict of interest on the part of Bill
Goodman through his efforts in writing the grant for the County.
16. Whether or not Bill Goodman is conflicted out of future votes depends on whether or not he
has a material or pecuniary interest, which would include the interest of his clients, in a contract
being voted on and should be dealt with at that time.
17. The fact that Bill Goodman might vote in favor or against the development of an eco-type
village on the Biggs land, where there is no material or pecuniary interest as defined above, is in
itself, no conflict of interest, despite ideological differences that certain special interest groups
may believe exist.
Dated: November 12, 2013
Approved unanimously- Jennifer Terpening, Chair of the Town of Ithaca Ethics Board,
members, Susan Kirby, Monty Berman and Ellie Stewart.
The email related to Ellie Stewart
Ms. Zapala objects to the appointment of Ellie Stewart to the Town of Ithaca Ethics
Board because her husband is on the Tompkins County Board of Legislators.
The Town of Ithaca Ethics Code provides that the Ethics Board may not investigate
claims against itself or any of its members. Complaints against any member of the Ethics Board
shall be made to the Town Board.
The Town of Ithaca Ethics Board defers to the Town Board as to the issues raised by Ms.
Zapala against member Ellie Stewart.
Dated: November 12, 2013
EXHIBIT A
Bill Goodman Email
My name is Sophie Zapala and I am a West Hill resident.
I am here to address the Biggs property project. During the last several months, the West Hill
community did all it could to express strong objections to the project -by now we have quite an
archive - and so I won't repeat earlier communications, however, it is important that this body is
aware of the community's views and I strongly recommend that you visit www.ithacawest.org
and read all entries under"Objecting to Cayuga Village". You will also find our e-petition there.
Tonight, I will talk about many troubling procedural and ethical aspects of this project.
From the beginning, we, the residents of West Hill, have been rebuffed and ignored by the
County representative and project manager, Ed Marx. Our first and foremost concern has always
been the impact this project will have on our community. All of our verbal and written requests
for environmental impact analysis documents (copies of written requests will be submitted with
this statement) and pleas for two way discussion have been refused. There was never any
intention to discuss the environmental impact or will to rectify the community's valid concerns.
In fact, when the West Hill community initiated a grass roots effort in July to come up with a
win-win vision for West Hill and specifically for the Biggs project, the informal power channels
were used by the local government officials to squash it before it took off the ground and the
community was kept in the dark about it. Three months later, our grassroots effort was replaced
by the Town/City endorsed and Cornell professor Oles led visioning exercise. Sadly, this very
exercise was later ridiculed at the Tompkins County legislature as a"Cornell class exercise".
If the government did not ruin our visioning efforts in July we would have had our own Biggs
proposal ready to present to the County legislators before the County voted to approve the sale of
the land. Having an appealing solution in place could have resulted in the vote going the other
way which is precisely why our efforts were disabled. The government's use of these kinds of
tactics against the people they are supposed to represent, is unacceptable. We will not allow such
interference into our community initiatives as this tramples basic democratic principles of self-
governance and if we are subjected to it in the future we will address it decisively.
On Oct. 1, 2013, the Tompkins legislature voted(13-2) on Resolution 2013-164: Making a
Negative Declaration of Environmental Significance in Relation to Resolution No. 165 of 2013:
Authorizing the Sale of Property Located on Harris B. Dates Drive in the Town of Ithaca(ID
#4346) while lacking substantial evidence to accurately determine the insignificance of the
environmental impact of the project on the immediate neighborhood. Today I was able to obtain
a copy of the Short Environmental Assessment Form(SEAF) (will be attached to my statement
for your record) and was shocked how incomplete and inaccurate it is (no preparer, no dates, no
signature of the applicant (!), wrong and contradicting selections, misleading information).
Politics aside, a reasonable person would not accept what that short form has as enough evidence
to support the decision.
Also, it appears that the local government, in an effort to get this project approved, decided to
break its own rules and engaged in a willful and methodical segmentation of the review process
for the Biggs property, a practice that is illegal under NY state law. I am not saying this lightly;
the facts on the ground confirm this as true. The definition of segmentation from the NYS Dept
of Environmental Conservation says: "Segmentation means the division of the environmental
review of an action such that various activities or stages are addressed as though they were
independent, unrelated activities, needing individual determinations of significance."
The County made a critical decision that will affect land use, but claimed that it was just making
a minor decision that does not need a full SEQR review. In fact, several legislators made
statements to that effect. The Town is expected to continue the process. By the time a SEQR
review finally happens, it is already a done deal. Again, this is illegal under NY State law.
The fact of the matter is that the county did not just make an isolated decision. It made a decision
*with the intent* of having a specific development move forward. This is clear from both the
correspondence we received from elected officials as well as the specific restrictions in the land
sale legislation. The law *required* the County to do a SEQR on the *whole project*, not just
the "minor" decision under review.
The public has a legal right to an environmental review at the beginning of the process, not after
the project is essentially a done deal. At this point, it will take a lawsuit to force the county to do
what they were required to do under New York State Law. The West Hill Community is ready to
pursue an Art.78 proceeding option.
Many on West Hill feel that we do not have any representation. Our County legislator, Will
Burbank, despite being well aware of our unsatisfied demands for environmental analysis voted
to approve the sale. Our Town representative, Bill Goodman, is another supporter of the project.
Bill is also a local real estate attorney, Eco-Village Alder Person and the attorney of record for
TREE (Third Eco-Village). As an experienced attorney Bill understands that, even when one has
the best intentions,wearing many hats may put him in the situation that creates or could create a
conflict of interest. I don't think one needs to benefit personally to find himself/herself in the
conflict of interest situation.
Bill volunteered to help the County to get the EPA Climate Showcase grant. We also remember
that originally the County presented the Biggs property project as an Eco-Village approved
Climate Showcase project. So here we have the first connection of Bill's actions to the Biggs
property project. The Third Eco-Village which Bill represents as an attorney benefited from the
very grant County received with his help and endorsement of Eco-Village where he is an Alder
Person. So here we have a second connection, two hats. Bill is a supporter of the County project
the West Hill community opposes and so here we have a third connection which puts Bill at odds
with his constituency. When/if the project goes through the approval process at the Town, Bill
will cast the vote, despite his earlier involvement in securing the funding for the project and his
Eco-Village group benefiting financially.
I am a lay person and don't know much about the conflict of interest or the required legal tests.
However, in various professional training classes over the years when the topic was covered I
was taught that one should avoid even an appearance of conflict of interests. I think the above
scenario is far deeper than that. It is my opinion that just based on the available information, Bill
should recuse himself from casting the vote when/if the Biggs property project reaches the Town
board. I posed the recusal and voting questions to Bill via private e-mail but have received no
answer and so I assume he is planning to vote.
What exactly was the role Bill played to advance Counties chances of getting the EPA grant?
What was the Third Eco-Village' share, in dollars, of the EPA grant? What was Bill's first
contact with the developers? How early in the process? Did he provide any advice to the
developer legal or otherwise directly or indirectly(via the County)? These are valid questions
and I believe an impartial inquiry/review by the Town Ethics Committee and full disclosure from
Bill is in order. I hope you could give me some suggestions as to how to address this particular
concern.
I hope that now you have a better understanding of both the past events and the current status of
the Biggs project. It is my hope that you recognize the validity of our concerns and the illegality
of segmentation we are witnessing. Our constitution starts, and for a very good reason, with "We
the People" and this should not be applicable just at the federal level. We need to preserve it in
our local actions, public discourse, and government decision making. Surely, many basic
democratic principles have been broken to date as elaborated earlier. However, you will have the
opportunity to restore balance when you are approached to put the Biggs property project on
your agenda. I ask you do not participate in the review process that is illegal under the NYS law.
Please do not put the Biggs property project on your agenda until our Art.78 actions have been
legally exhausted as doing otherwise would be counterproductive and illegal (segmentation does
not end with the County). I hope you do the right thing.
Thank you for your time.
Ellie Stewart email
I am writing to you tonight because I do have additional ethical concerns. It has been brought to
my attention that Ellie Stewart has been selected to be the sole investigator of possible conflicts
of interests with regard to the Biggs project. The cause for the review is Bill Goodman's
involvement in securing the EPA funding for it and his role as a town legislator who would vote
on the project when/if the project makes the Town Board's agenda.
However, the choice of Ellie Stewart is simply unacceptable. Ellie Stewart happens to be Will
Burbank's wife and this creates yet another conflict of interest—those who chose her knew it.
You may not be aware of the controversy surrounding the project but Will Burbank as the
Tompkins County legislator and West Hill representative is a strong supporter of the Biggs
property project and has a close working relationship with both Ed Marx and Bill Goodman.
Most importantly, Will Burbank voted to approve the sale of the land to the developer against the
will of the entire West Hill community, multitude of opposing letters to the legislators and a
petition with 60+ signatures. His wife's public statements prove she shares her husband's views.
She cannot be viewed as someone who is impartial, objective and agenda free. Ithaca has
thousands of residents and so selection of Ellie Stewart of all the people in the selection pool is
particularly disturbing. Unless someone suitable is chosen to investigate the possible conflicts of
interest we will have no choice but to take our objections to the entire West Hill community,
larger Tompkins community, local newspapers, radio, TV and so on. I truly hope this can be
avoided. We are not looking for conflict. We just want the conflict of interests with regard to Bill
Goodman's roles investigated.
I would like to suggest that the following takes place:
1. Ellie Stewart is removed as the investigator due to the obvious and unacceptable conflict of
interest.
2. A trustworthy democrat is selected to fulfill the role. He/she should not be connected/related
to the project supporters or involved/investigated parties in any way.
3. A trustworthy republican is also selected to work together or independently of the democratic
investigator. This should provide for checks and balances.
4. The Ethics Board should consult and seek approval of the community for the selected
investigators to avoid similar situation from happening again.
5. The Ethics Board should require that any interviews are audio-recorded and later documented
in writing, along with other applicable documentation and copies, so that the public can review
the information when the investigation is completed.
I am very concerned about the direction this ethics review is taking. I look forward to your
prompt response.
My best, Sophie Zapala
EXHIBIT B
TB Resolution No. 2012-051:
Comments on the Tompkins County Housing Development
Proposal for the Biggs Property on Harris B. Dates Drive
WHEREAS, the Town has received the draft Preliminary Concept for Biggs Property
Development RFP (Request for Proposal) which seeks to develop a mixed use+/- 70-unit
residential community on 29 acres of County-owned land in the Town of Ithaca as part of a
United States Environmental Protection Agency Climate Showcase Communities Grant(CSC);
and
WHEREAS, the Town has also received the Draft Pedestrian Neighborhood Regulations (2/8/12)
developed as part of the CSC project; its language intended to be incorporated into a new
proposed Planned Development Zone for the County-owned land and facilitate the creation of a
neighborhood whose form and layout are designed to enhance a sense of community including
an emphasis on the pedestrian rather than the automobile; and
WHEREAS, the Town has been asked to comment on the proposed CSC housing development
proposal on the County-owned land which is anticipated to require a rezoning by the Ithaca
Town Board; and
WHEREAS, the Town has carefully considered the County proposal as described in the draft
RFP and in the draft Pedestrian Neighborhood Regulations and discussed the proposal and
associated documents at a Planning Committee meeting held on Februaryl6, 2012, and at Town
Board meetings held on February 27, 2012 and March12, 2012;
NOW, THEREFORE,be it
RESOLVED that the Town of Ithaca Town Board submits the following comments on the draft
Preliminary Concept for Biggs Property Development RFP(Request for Proposal) and the Draft
Pedestrian Neighborhood Regulations:
While the Town Board strongly supports the concept of an energy efficient, compact,pedestrian-
oriented housing development, the proposed location on HarrisB. Dates Drive for this 70-unit
housing development is believed to be less than ideal. This location near the hospital is currently
contemplated(through the Town's Comprehensive Plan process) as being most suitable for other
institutional type uses, such as an assisted living facility or nursing home, while development of
mixed use, dense, walkable and inter-connected neighborhoods are envisioned as being more
appropriately located to the south and on the west-side of StateRoute96/Trumansburg Road.
The proposal to exclude cars from the interior of the neighborhood community and restrict them
to parking area(s) along the perimeter, as described in the draft Pedestrian Neighborhood Zoning
(PNZ) Regulations, is laudable in its intent to enhance the sense of community and create a
pedestrian-friendly environment. The RFP would suggest that the restrictions on cars are based
on the lessons learned from the 20 years of developing EcoVillage, however, the maximum
parking distance stated in the PNZ of"not more thanl250 feet from the main entry of any
building" is at least twice the distance of the furthest residence from the parking areas at
EcoVillage and significantly further than the average EcoVillage residence. It is recommended
that the PNZ language provide a more realistic expectation for the location of parking relative to
the residential units and insure that flexibility is provided so that motor vehicle accessibility can
be accommodated as residents' mobility needs change (through aging, accidents, etc). Because
the proposed development seeks to attract a broad spectrum of residents and be replicable in
other locations, the likelihood of attracting a wide variety of individuals will be enhanced if the
accessibility to motor vehicles is made reasonably convenient(i.e. shorter distances).
The features of this car-restricted development, as described in the REP and PNZ documents,
would likely appeal to those individuals who for reasons of choice or necessity do not own a car.
However, the sparsely populated West Hill area is a largely a car-dependent area with no
services outside of the Cayuga Medical Center and some specialized medical offices in the
Professional Building complex. The type of development envisioned by the PNZ would be most
conducive in the Town's more urbanized or mixed use suburban areas such as the East Hill area.
In the RFP point scoring system, a developer can achieve points by establishing passive
recreation trails for the new community's use within the undeveloped wooded portion of the
County property. The RFP should also consider including points for creating or contributing to a
connection to the Black Diamond Trail.
Pedestrian access for transit service will be an important component of this proposal and the RFP
should acknowledge this and include a requirement for the siting of a bus shelter at the nearest
possible bus access point (i.e. at the professional building driveway and Harris B. Dates Drive).
The proposed development would potentially be an ideal car share location and exploring the
possibility of having a dedicated spot built into the community should be included in the RFP.
The RFP does not address how the provision of 20% affordability would be enforced and
administered, nor does it indicate intent to ensure affordability over the long-term for subsequent
buyers. This will need to be clarified and detailed in any future Planned Development Zone.
The property seems to have a potentially inflated assessed value which could impact
development interest in the project and the County's expectations for selling the land.
According to Tompkins County Assessment, the Harris B. Dates Drive property is listed as
having an appraised value of$500,000 for the 25.5 acres of undeveloped land. The appraisal
currently classifies the property use as vacant commercial. The term "non-affordable" is used on
page2 (5thbulleteditem) which states "Develop at least half of the "non-affordable"units so they
would be affordable to middle income households..."This should be replaced with the term
"remaining"rather than"non-affordable."
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: Ayes—DePaolo, Levine, Engman, Goodman, Leary, Hunter and Horwitz
Motion passed unanimously.