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