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HomeMy WebLinkAboutTB Minutes 2018-08-27 Meeting of the Ithaca Town Board Monday,August 27,2018 at 4:30 p.m. Agenda 1. Discuss Green Building Policy 2. Consider authorizing Supervisor to sign an MDU with Cal Ripken League for pick-up games/extended season 3. Discuss and consider supplemental agreement with Randall +West for form-based zoning professional services 4. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 5. Report of Town Officials 6. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract 7. Public Hearings—Noise Permits for: a. Ithaca Beer—second half of its weekly dinner music on Wednesdays from 6-9pm Consider approval b. Cayuga Medical Center Foundation fundraising event at the Country Club, 189 Pleasant Grove Rd., on September 8`h from 5-10p.m. Consider approval Town of Ithaca Public Hearing Notice Noise Permits The Ithaca Town Board will hold a public hearing on Monday,August 27"'beginning at 5:30p.m. in the Boardroom located at 215 N. Tioga St.,Ithaca,regarding two Noise Permit applications: 1. Ithaca Beer—second half of its weekly dinner music on Wednesdays from 6-9pm, and 2. Cayuga Medical Center Foundation fundraising event at the Country Club, 189 Pleasant Grove Rd., on September 8"'from 5-10p.m. All persons wishing to address the board will be heard at this time. Comments can be made in person or via email to townclerkktown.ithaca.ny.us Paulette Rosa Town Clerk August 21, 2018 Meeting of the Ithaca Town Board Monday,August 27, 2018 at 5:30 p.m. MINUTES Board Members Present: Bill Goodman, Town Supervisor; Pamela Bleiwas, Tee-Ann Hunter, Eric Levine (arrived at 5:15), Rich DePaolo, and Rod Howe Staff Present: Jim Weber, Highway Superintendent, Bruce Bates, Director of Code Enforcement, Judy Drake, Director of Human Resources, Sue Ritter, Director of Planning, and Debra DeAugistine, Deputy Town Clerk 1. Discuss Green Building Policy Nick Goldsmith gave an update on the Green Building Policy(GBP). The GBP report was approved in May. He's been focusing on other projects, so there's not been a lot of progress. He got approval from the funders (Park and the Funders' Network) to extend the grant contract and reallocate about $12,000 of remaining grant funds and he obtained unofficial agreement from Stream Collaborative and Taitem to continue work this fall. He's working on a contract amendment. He conducted research into specific elements of the GBP point system and other local green building laws and performed additional work planning the scope of work and the process for writing the policy. There's been lots of talk regarding North Campus and getting the GBP in place faster. Ms. Hunter asked whether the things Mr. Goldsmith is working on will be folded into our zoning ordinance or be standalone pieces of legislation. Mr. Goldsmith responded that they'll be standalone. Ms. Hunter pointed to a letter from Joe Wilson in which he said that the state's environmental review law is stronger that the town's. He encouraged us to look at the state and let their law inform our own. She asked what the town's planning staff response is to that concern. Ms. Ritter responded that the town has an environmental quality review that goes along with the state SEQR. The only differences are when certain Unlisted actions are elevated to Type I actions, requiring a full EIS. For example, the state requires that 500 new parking spaces elevate things to a Type I, whereas in the town, 500 spaces would be huge; ours is set at 100. A handful of things like that have been changed to Type L From what she's heard, Mr. Wilson wants us to modify our environmental review to include the DEC's checklist, which we used during Maplewood. We wouldn't want to do this automatically for every project, but maybe for a certain threshold. We should look at what the DEC actually requires and determine whether we need to require the whole checklist or just portions of it. She's guessing he's saying there's nothing in the town's SEQR regulations that addresses greenhouse gas emissions as well as he thinks we ought to. Maybe that could be part of looking at green buildings. TB 2018-08-27 pg. I Mr. Goldsmith said this could be folded into the green building policy. We've approved green building recommendations, but the policy has no teeth. Once the green building policy goes into effect, some of Mr. Wilson's concerns might disappear. Ms. Bleiwas asked whether the city is working with the same consultant to develop their policy. Mr. Goldsmith said they are. Ms. Bleiwas said it would be good for the policies to be as consistent as possible to have uniform rules across our county. She asked whether other local municipalities have adopted the policy. The most important aspect is that we work with the city. Mr. Goldsmith said Caroline has adopted some new requirements for site plans. Mr. Goodman said we've never drafted a law with the city before, so we don't know the best way to handle the process; we're making it up as we go along. Mr. Goodman knows some of the activists in town are worried that it will take a long time to adopt these policies into code and become applicable to new building projects. They're hoping we can get something in place before new big projects come along. The latest we've heard from Cornell is that they're not rushing ahead on East Hill. Their main priority right now is North Campus housing. He noted that a couple of the buildings will straddle the town-city line; this means we need to come up with an agreement with the city about who gets the building permit fees, who does the inspections, etc. In talking about the complications, one idea he's suggested to the city is that they might be interested in annexing that part of the town. Right now it's just playing fields and since they'll be building dorms, the parcel will be off the tax rolls. As it is now, the city side would be covered by the city fire department, but the town's side is covered by the Cayuga Heights fire department. So the buildings would be under the jurisdiction of two different fire departments. The city is thinking about that. Cornell is hesitant because they're worried that the process of annexation would take a long time. They're concerned about getting all the approvals in place so they can move ahead quickly. The basic requirement of state law is that there's a vote of residents. Currently, there is one existing building that straddles the boundary, so technically those students might have a vote on that annexation. Mr. DePaolo asked how this might affect our consideration of sidewalk and other districts. Mr. Goodman said that assuming Cornell will have their own sidewalks there, like they do at the Hasbrouck apartments, we'll have to figure out whether to include them in the Forest Home sidewalk district. In terms of the green building policy, it's possible that if we decide to do something like that and the city is responsible for all those buildings, it would be the city law that applied. It's possible that we don't have any big projects coming up quickly in terms of trying to get the green building policy into law soon. Ms. Hunter asked what entity in the town would be assigned to look at the policy. TB 2018-08-27 pg. 2 Mr. Goodman responded that once we get draft language from the consultants, it will probably go to codes and ordinances. Mr. DePaolo noted that one of Mr. Wilson's other concerns is the heat pump vs. natural gas issue. Cornell is saying that because they have their cogeneration facility, they'll generate their own on energy campus, but that's only 85 percent. There will be an estimated 30 million kWh of electricity used on campus that isn't generated by the co-generation facility. Ms. Ritter said the planning board, as an involved agency, is going to be commenting. 2. Consider authorizing Supervisor to sign an MOU with Cal Ripken League for pick-up games/extended season TB Resolution 2018-111: Authorizing the Supervisor to Sign an MOU with Cal Ripkin League for Extended Season Whereas the town has received a request from the league to use Tutelo Park Ballfield for pick- up league games through October, now therefore be it Resolved that the Town Board authorizes the Supervisor to sign an MOU with the Cal Ripkin League for an extended season. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote Ayes: Goodman, Howe, DePaolo, Hunter, Bleiwas 3. Discuss and consider Supplemental agreement with Randall West for form-based zoning professional services TB Resolution 2018-112: Supplemental Agreement with Randall+West to continue providing professional service in support of new form-based zoning Whereas, on June 12, 2017 the Town Board authorized the Town Supervisor to execute a contract with Randall + West, in partnership with Better Cities and Towns and STREAM Collaborative, to assist the town in the development of form-base zoning and related efforts, in an amount not to exceed $20,000, and Whereas, while work on the new zoning over the last twelve months has been productive, there is still a need for outside professional assistance to complete the effort, including finalizing the draft zoning language, developing graphics, contributing recommendations on the East Hill Village concept, along with related outreach activities, and Whereas, up to $18,000 of assistance may be needed over the next six to twelve months, therefore be it TB 2018-08-27 pg. 3 Resolved, that the Town Board approves, authorizes and directs the Town Supervisor to execute a supplemental agreement with Randall+ West, in partnership with Better Cities and Towns, and STREAM Collaborative, to extend the contract and allocate an additional $18,000 (from account B8020.403) for continued professional services in support of the new zoning. Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes: Goodman, Howe, DePaolo, Hunter, Bleiwas 4. Committee Reports Public Works: Mr. Howe said they talked about needing to increase the budget for water and sewer maintenance,primarily to rebuild and replace pumps and motors. Mr. Weber said we're also $13,000 over budget because the South Hill - West Hill water study wasn't completed in 2017. Since the final billings came in 2018, funds for that project were paid out of this year. We want to move some money in just to cover those line items. Mr. Howe said staff put together some language regarding easements to cover cases where people have allowed trees to grow on an easement. Joe Slater has been very concerned about this. The committee discussed putting this out in the newsletter. Ms. Hunter added that there was discussion regarding a printed newsletter. Mr. Goodman said he talked to Mr. Solvig about putting money into the budget for at least one town-wide mailing per year. Mr. Howe said the committee talked about whether to combine the tours. Mr. Weber is working on a list of where we might visit. Mr. Goodman said there was a request to split the farm tour from the public works tour so it wouldn't take up a full day. He suggested the afternoon of October 19th for the farm tour and the morning of the 26th for the public works tour. Mr. Howe said the city requested a detour for their sidewalk project on Route 79, which would involve using Coy Glen and Westhaven roads. None of us thought it was a good idea. Mr. Weber said there are other more appropriate roadways. We have some geometric issues, specifically the intersection of Westhaven and Elm, where there are significant sight-line issues, and then the corner of Coy Glen and 13A. He would suggest all-way stops at both of those and potentially entering into road use agreements because they would use significantly larger vehicles on those roads than what they were designed for. But the recommendation of the committee is to not go there. TB 2018-08-27 pg. 4 Mr. Goodman pointed out that they just closed one lane and used flaggers for the work they did on Route 79 this year. Mr. Weber said there's a question of whether this is an official request or if they're trolling for ideas. We're hearing that the traffic component associated with the project is far exceeding the budget, and they're looking for methods to save money. Mr. Weber gave an update on projects. The Ellis Hollow tank is online and operating. We still have paving and fencing work and the final restoration. We started paving Perry Lane today and should be ready to close it out in a couple of weeks. For Chase Lane, there was question regarding striping and whether to do centerline, fog line, both, or nothing. Mr. Howe said a section of guard rail on Forest Home Drive is gone between McIntyre and Judd Falls. Codes and Ordinances: Mr. Goodman reported that the committee reconvened in July and started talking about changes to the noise ordinance. We also talked about backyard campfires, which the committee had looked at a number of years ago after some complaints from a resident on South Hill. Those issues died down, so the committee never made a recommendation. After some discussion, we won't make a recommendation either. The committee previously looked at setbacks of campfires from property lines. Those regulations wouldn't affect the issue that has arisen now because the neighbor having the problem isn't on an adjoining property. His concern is with the general health of outdoor burning. The committee isn't interested in coming up with regulations to tackle that. Mr. DePaolo thought the neighbor indicated he has health issues, not that he's concerned with health issues in general. The neighbor said there's been burning on two properties, one which is adjacent to him. Mr. Goodman said he hadn't heard that, so Mr. DePaolo will forward the email to him. He said they reviewed some of the calculations for the stream setback law. Ms. Ritter said it concerns when a plat requires a stream to be shown on it. The way the law is written, it requires any subdivision map that has a regulated stream on it to show the stream setback on the plat. In the cases where there's a larger stream and when there are slopes, you need to look very carefully because you have to know the high water mark and the location of the slopes, so you'd have to get it surveyed. We had two subdivisions before the planning board recently, one with over 50 acres and a huge stream on the property. They plan to sell most of the land to the state parks, so why should they go to the expense of having to show where the setbacks are when there's no proposed development anywhere near there? That's what we want to modify. Other or Intermunicipal Mr. Goodman said the short term rental committee met last Thursday and we focused on questions a Renwick Heights neighbor had on the draft law. We spent time talking about cases in which there are two units on a parcel, such as a primary residence and an accessory dwelling TB 2018-08-27 pg. 5 unit. Could the owners rent out both units when they go away? At this point, we're only developing regulations for unhosted rentals. Does each unit get to be rented out for the maximum of 29 days? That's the limit in the draft. The committee is interested in a total limit of 29 days for both. Susan Brock has looked at the draft and made comments. Ms. Drake gave an update on the health consortium. They approved bringing in the villages of Freeville and Lansing, so every municipality in Tompkins County has joined. We have the potential to bring in ten new members by January 1, one being Seneca County. We'll be up to 40 municipal members. Ms. Hunter said that Roxy Johnson of the city water department will be talking to Venetia Lannon, the deputy secretary of the environment out of the governor's office. We had an initial conversation in which she put forth the idea of a possible watershed governance pilot project, and whether Cayuga Lake would be a good fit for that project. The Seneca watershed has appointed someone to head the regional initiative out of Geneva. Mr. Goodman said the sidewalk committee looked at a possible Forest Home sidewalk district. Based on numbers from the Forest Home lighting district, if we wanted to raise $100,000 for a sidewalk project just from tax parcels in that district, the amount for a$300,000 home would be about $700 if done all in one year. If we expand the sidewalk district to include some Cornell parcels, what might the figures look like? The other option would be to collect the money from the sidewalk district parcels over time instead of all in one year. 5. Report of Town Officials Mr. Goodman noted that the codes department is working very hard to try and accommodate the Maplewood project. They now have the townhomes along Mitchell Street and two big apartment buildings behind them have temporary COs. Friday, another interior townhome got a TCO. They're putting many students up in hotels. Construction will probably continue for a few more months. Once Cornell realized how far behind they were, they stopped signing leases. He mentioned to Cornell reps recently that if Cornell is going to continue doing these big projects, they need to make contributions to the town for items other than fire protection. Currently, they pay the city $500,000 per year for impacts outside the fire department, but we don't get anything. 6. Consider Consent Agenda Items TB Resolution 2018-113: Adopt Consent Agenda Resolved that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract TB 2018-08-27 pg. 6 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Goodman, Howe, DePaolo, Hunter, Bleiwas, Levine TB Resolution 2018-113a: Approval of Minutes of August 13, 2018 Whereas the draft Minutes of the August 13, 2018 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved that the Board approves the draft minutes, with changes, of the August 13, 2018 meetings of the Town Board. TB Resolution 2018-113b: Town of Ithaca Abstract No. 14 for FY-2018 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. 1100 - 1166 General Fund Townwide 38,728.16 General Fund Part-Town 436.12 Highway Fund Town Wide DA 4,735.20 Highway Fund Part Town DB 263,219.23 Water Fund 8,366.97 Sewer Fund 14,025.64 State Route 96b Sidewalk—H7 9,322.15 Ellis Hollow Water Tank—H10 2,564.34 Fire Protection Fund 278,455.88 Forest Home Lighting District 163.83 Glenside Lighting District 66.67 Renwick Heights Lighting District 76.98 Eastwood Commons Lighting District 170.24 Clover Lane Lighting District 19.60 Winner's Circle Lighting District 67.24 Burleigh Drive Lighting District 66.65 West Haven Road Lighting District 199.14 Coddington Road Lighting District 118.86 TOTAL 620,802.90 TB 2018-08-27 pg. 7 7. Public Hearings -Noise Permits for: a. Cayuga Medical Center Foundation fundraising event at the Country Club, 189 Pleasant Grove Rd., on September 8th from 5 to 10 p.m. Mr. Goodman opened the public hearing at 5:39 p.m.; hearing no one, he closed it at 5:39. Mr. DePaolo asked who typically gets the noise permit: the event organizer or the property owner. Mr. Goodman said he assumed it was the event sponsor. It's something the codes and ordinances committee can look at while revising the noise ordinance. Ms. Ritter said that for the planning board, the applicant has to provide an owner's certification to make sure that whoever is applying has the permission of the property owner. TB Resolution 2018-114: Approval of a Noise Permit for CMC Foundation Whereas, the Town Board discussed the application for a noise permit for an event to be held at the County Club of Ithaca on Saturday, September 8th from 5 to 10 p.m. and Whereas the town held a public hearing to solicit comments from the neighborhood for or against the event, now therefore be it Resolved, that the Town Board approves a noise permit to CMC Foundation for date and time listed above With the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required (Town Code §271- 15.1)(3)). 2. The waiver is the minimal intrusion needed, because the amplification will provide music for the event with the following limits: music is limited to 5 p.m. to 10 p.m. which are mostly within "daytime hours" as defined by Town Code § 184-4; the event is a singular event with amplification necessary for the type of activities anticipated dancing and auctioning; the speakers will be placed facing the golf course greens away from most of the residential homes. 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the events with music are for a limited amount of time during the late afternoon and early evening on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. TB 2018-08-27 pg. 8 Moved: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes—Goodman, Howe, DePaolo, Hunter, Levine, Bleiwas b. Ithaca Beer - second half of its weekly dinner music on Wednesdays from 6 to 9 p.m. Mr. Goodman opened the public hearing at 5:43 p.m.;hearing no one,he closed it at 5:43. Mr. DePaolo said he was there a couple weeks ago, and it was totally reasonable.The hay bales seemed to have helped,but the volume itself, even without the mitigation, was reasonable.They had a quartet and a vocalist. Conversations could be had at a distance 60 or 70 feet.The regular Wednesday event seems to be low key. Mr. Goodman said Larry Salinger had submitted an email before the last public hearing,but we haven't heard anything since then from any of the neighbors. TB Resolution 2018-115: Approval of a Noise Permit for the second half of Ithaca Beer's dinner music series on Wednesdays from 5 to 8 p.m. Whereas, the Town Board issued a noise permit for the first half of the requested period for Wednesday dinner music series at Ithaca Beer, and Whereas, the Town Board has heard no complaints about the series and some good comments from neighbors who had requested an approval be divided into two series, therefore be it Resolved, that the Town Board grants a noise permit to Ithaca Beer the second half of their dinner music series held on Wednesday nights from 5 to 8 p.m. With the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required (Town Code §271- 15.1)(3)). 2. The waiver is the minimal intrusion needed, because the amplification is needed to provide dinner music to the area, and music is limited to 5 p.m. to 8 p.m., which hours are within "daytime hours" as defined by Town Code § 184-4; the entertainment is intended to be and has proven to be background in nature and not overly intrusive; the amplification speakers must be located on the taproom lawn and face Route 13. 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is for a limited TB 2018-08-27 pg. 9 amount of time during the early evenings on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. Moved: Rich DePaolo Seconded: Eric Levine Vote: Ayes–Goodman, Howe, DePaolo, Hunter, Levine, Bleiwas 8. Adjournment The meeting was adjourned at 5:48 p.m. Submitted by ebra DeAugistine, Deputy ,(T , own lerk,O—V TB 2018-08-27 pg. 10 TOWN OF ITHACA -I-B 2018-08-27 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town,ithaca.n y,us Paulette Rosa,Town Clerk Phone: (607)273-1721 Debra DeAugistine, Deputy Town Clerk pr.n.wQ1=njJhaca-my-u.s Fax: (607) 273-5854 ddeaugisfine@townAthaoa.ny.us NOISE PERMIT APPLICATION Fq:wni must be subunitted to the Town C"leirk's Off ice, with $50 payrrient, at least 21 days hi advarice of t1l w evertt, NAME/ORGANIZATION: —Cayuga Medical QenterEoundatbn PERSON(S) RESPONSIBLE FOR EVENT Stephen Sayagg, Execu-tiy-Q-Qirectgc ADDRESS: n , 101 Harris B Dates Dc. Ithapa, !AY 14850 PHONE NUMBER: (315) 481-aZ2Z_ ALTERNATE PHONE EMAIL: LOCATION OF EVENT Country Club of Ithaca, 189 Pleasant.-QrovQ Ed, Ithaca, NY 14850 DATE/TIME/DURATION OF EVENT Septembgr8, 2Q1a: 5:QQpm - 10:00 m— ESTIMATED ATTENDANCE: 35Q— REASON/DESCRIPTION OF EVENT pregientatiQns, daocing vilb-limp, Music- PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example —amplified music or speakers, cheering, non-amplified instruments) Live music with amplifted instruments and voice sound system NOISE ABATEMENT & CONTROL METHODS TO, BE USED (Example: speakers wil'I be faced a certain way): Band will be inside lar ge, enclosed, tent and speakers wiill be faced towards the golf course and away from residential areas. DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses amplification and cannot be heard sufficiently without it) Band does not use acoustic instruments and relies on amplification to reach the full audiences ace. SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS: OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION: Rev A pri 12017 IF USE OF A TENT IS ANTICIPATED, PLEASE LIST NUMBER AND SIZE(S): One 60' X 166' tent will be erected on site. Permit has been applied,for. (a separate permit may be required) Notification of the Public Hearing The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. (Town (ode, Q ap!gL 184 Section '12,_Q) The undersigned applicant affirms that the foregoing information is true, complete and correct: Signature of Applicant: Date of public hearing: Sheriff Notified: Permit issued on: Special conditions: Rev Apri 120 0 7