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Home My WebLink AboutTB Minutes 2019-07-08Meeting of the Ithaca Town Board Monday, July 8, 2019 at 5:30 p.m. A�enda 1. Call to order and Pledge of Allegiance 2. Persons to be heard and Board comments 3. Public hearing regarding a proposed local law to place a stop sign at the intersection of Homestead Circle/Homestead PI a. Consider Adoption 4. Public hearing regarding a proposed local law to override the Tax Levy Limit a. Consider adoption 5. Discuss and consider a proposed local law adopting the revised Noise law a. SEQR b. Consider Adoption 6. Discuss and consider setting a Public Hearing for revised Official Town of Ithaca Map 7. Discuss and consider authorization for the Supervisor to sign a contract for removal of invasive plants along the South Hill Recreation Way 8. Discuss and consider approval and authorization to submit a grant application for a feasibility study for the South Hill Recreation Way Extension 9. Discuss and consider authorization for the Supervisor to sign a Memorandum of Understanding with the City of Ithaca regarding inspections at the Cornell North Campus Residential Expansion 10. Continue discussion on Water and Sewer Studies and their implications 11. Continue discussion of 2020 Capital Improvement Plan 12. Consent Agenda a. Town of Ithaca Abstract b. Bolton Point Abstract c. Ratify Creation of positions for GTCMHIC (Health Consortium) d. Ratify Provisional Appointment of Clerk for the GTCMHIC Board 13. Correspondence 14. 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"�"�+�� '��.,� #�1r°i,4'M�f fi^�� u�wY��+"';�a��a,z�t� rr��w�°CYrm�p �a�r� �u��ir� �1�6�n� �r��i�a�rura�� ,�i' �c�� .�.�^ma. ��'� ��iN�+a� �e,�k�m^w�,rv.+(k�dy� ��.�-�� p�w�,�;�t�l q��°�U O�a��. pi �"�+�pi��:�Nra�g <:�a�� "�k�� ""7�rAd�� 4a°� ki`��ism�;ur��1��r t�s7� k��'��u��. l�pa� � r�wrrs�u��9 C;:M"�r��w�i�r �'CC3� "^I�,'d��u��;�" �� ba� '�"��wr7 �� b�I��R�",�„ �"+�e��fl �ar�acb �� «�w�^��w�a^Vrrwr,� �:"i"�^re��a��° ��a.""'��*k��¢rb�re� ;dw�are� ��»�fir,Flrv�.+r�1k �� "i"��sr� aa� d�INm�wxuxa ��e� �M �a��l��9r°�� t� w��> ��mm ��, id�� 1V�q�w��- ��n�k��tir� ��a�,5an�l�`�•M�re�a��k��n��wiu�mV�r {��a�w�u��°Be�a�� u�wna.�� w �vt"�r�4;�t6rrg,� w� ��:�c�9 p�a�rw� t� �a�t�ixru��+ •kf�� "��x� �.,�v�r f�Du^p'b�� 'w�- ��kl2�4ts�� ak°a �.nm��ra�& �w��su�ia°.a�ar�� q_�w,� g�i�..,� �� a�a�•��dre�a� aaa�� •r��wu.� �amr�r.ar^w�r u��acsm��c� �u�k �.+�m�eri��m°��ru�� r� �°�na� ��wg��a�r�rai �«��•�t IC��^s +�ru�q I�w� fd�ma�a��. �irraW�ar��r��+�o`� iara �,'�'�XI�I��'!�'p��a. kdY, w.M&^w�r,+�PMtl."�a^wavaa.A'Yta�hl.ht.t��rn�.a,m'ny"�'p r`NM "�if`M:^w4"h^m li'^k� �ia,`"�"�'iF'�� ,�� :�� y�. _ � � ,�*��u�r�� '�a��a� '' ��' �� 1�� id"�r�� S i✓� Sho�t Envi�°onmental Assessment Fo�°na Pa�t 1- Pr�aject Infarmatzon Instructions for Completin� Part 1— I'roject In�formaticr��. 7'he applic�nY or projeet sponsor is r4sp��nsible �fcrr thc completion of Part 1. Responses become part' �7'f the applicaYiorl for �ppr��val or fundir�g, are subject to public review, and may be subject to further veri�cation. Gomplete 'E'art 1 based on information currently available. If additiorial research c�r i��vestig�tion would be needed to fully respond to any iten�, please answer as thorouglaly as p�ssible based on current inforrnation. Complete all items in Part 1. You may also provide any ac(ditional infarrnatio�� which yo�i be(ieve will be needecl by or uset'ul to the leacl ager�cy; attach adclitional pages as necessary to supplement aily itenl. Part 1— Project nnd Sponsor Information Name oi'Action or Project: Local �aw Deleting Chapter 184, Noise, And Adding A New Chapter 184, Naise, To The Town Of Ithaca Code Project Locatior� (describe, and attach a location map): All areas of the Tawn of Ithaca Brief Descripti�n of Propc�sed Action: The action is the enactment of a proposed local law to delete Town Code, Chapter 184, titled "Noise," and replace it with a new Chapter 184, that: (1) Glarifies the language in several sections of the Chapter �2) Replaces the language in section 184-8 with more concise language for regulating noise from construction and other machinery (3) Separates out garbage and recycling provisions in section 184-8 (4) Inciudes mare specific criteria for the Town Baard to use as findings when considering granting naise permits, and (5) Establishes a mechanism for the suspension or revacation o# permits if vialations occur The proposed lacal law will make the Noise Chapter clearer and easier for Town staff, Town Board and the general pubiic tp understand and for Tawn staff and the Town Board to enforce. Name of'Applicai�t ar Sponsor: Tele hone: P 607-273-1721 Town of Ithaca Town Board - William Goadman, Town Supervisor E-Mail: bgoodman@town.ithaca.ny.us Address: 215 North Tiaga Street City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposeci actic�n only involve the leg�islative ad�ptioi� of a plar�, Ic�cal law, ordinance, NO YF'S admi�listrative rule, or regulation? ��V�,�.,�° ��:.� u"a��. �� <r� ��,�s��:s�°'pdr¢�s;�u �u�caV a��[crr:�.�� uvirw��r��ck�<qV o�c;��s��.�� I�F Y�es, attacl� a narrative r3escription of the inter�t of tl�e proposed actic7i� anci t11e environment�l r•esources that � � may be affecte�d in tl�e municipality and proceed to Part 2. If na, cantinue to questior� 2. 2. Does the proposed action require a permit, appr�val or fiindi��g from any c�tl�er government Agei�cy? NO Y��S If Yes, list ��geiacy(s) name and pern�it or approval: � � 3. a. Total acrea�e c�f the site of the proposed action? acres b. Total acreage tc� be physically disturbed? acres a To�Cal acrea�e (pr�ject site and any contiguous properties) owneci or controllecl by the applica�lt or project spons�r? acres 4. Check all land uses tl�aY occur on, are adjoinir�g or near ttle proposed acti��7: 5. ❑ Urban ❑ Rural (non-agriculture) ❑ Industrial ❑ C�rnmercial ❑ Residential (sub�irbai�� ❑ Forest ❑ A�riculture � Aquatic ❑ OCher(Specify): ❑ Parkland I�:i��: � cri .; SEAF 2019 r � 5. Is the proposed action, NO YES N!A a. A permitted use under the zoning regulations? ❑❑ � b. Consistent with the adopted comprehensive plan? �� NO YES 6. Is the proposed action consistent with the predominant character af the existing built or natural landscape? ❑ ❑ 7. Is the site of the proposed action located in, or daes it adjain, a state listed Critical Environmental Area? �O YES If Yes, identify: � ❑ NO YES $. a. Will the proposed action result in a substantiat increase in traffic above present tevels? ❑ ❑ b. Are public transportation services available at or near the site af the proposed action? ❑ � c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑❑ action? 9. Does the propased actian meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technotogies: ❑ ❑ 10. Will the proposed action connect to an existing public(private water supply? NO YES If No, describe methad for providing potabie water: � � 1 I. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ❑ ❑ 12. a. Does the project site contain, or is it substantiatiy contiguaus to, a building, azchaeologicat site, or district �p yEs which is listed on the Natianal ar State Register of Historic Places, ar that has been determined by the � ❑ Cammissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligibte for listing on the State Register of Nistoric Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for � � archaeological sites on the N1' State Historic Preservation Office (SHPO) archaeologicat site inventary? 13. a. Does any partian af the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands ar ather waterbodies regulated by a federai, state or local agency? � ❑ b. Would the proposed action physically alter, or eneroach into, any existing wetiand or waterbody? � Q If Yes, identify the wetland or waterbody and extent of aiterations in square feet or acres �� K�; � � ,. _} �� Page 2 of 3 S a 14. Identify the typical habitat types that occur on, or are likely to be found on the praject site. Check att that apply: ❑Shore(ine ❑ Forest ❑ Agriculturallgrasslands ❑ Ear(y mid-successionat ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animat, or associated habitats, (isted by the State ar NO YES Federai government as threatened or endangered? Q ❑ 16. Is the project site located in the 1Q0-year flood plan? NO YES ❑ ❑ 17. Will the praposed action create storm water discharge, either from point or non-paint sources? NO YES If Yes, � � a. Witl starm water discharges flow to adjacent properties? �� b. Witt starm water discharges be directed to established canveyance systems (runaffand storm drains)? � � If Yes, briefly describe: � �-� ��.� �, �� S y 5� ' �+ i � � �..�. 18. Daes the proposed action include construction or other activities that would result in the impoundment of water NO YES or ather liquids (e.g., retention pond, waste lagoon, dam}? If Yes, explain the purpose and size of the impaundment: ❑❑ .�9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facitity? If Yes, describe: � � 20.Has the site ofthe proposed action or an adjoining property been the subject af remediatian (ongaing or NO YES campleted} for hazazdous waste? If Yes, describe: ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNUWLEDGE Applicant/sponsoriname: Willam Goodman Date: �" !�� 1S Signature: ��-X�l��'� ��"""�''��r Title: TownSupervisar PRINT FORM� Page 3 of 3 r A Agency Use Only [If applicable) � Project: LL- Amend Noise �aw -� Date: ,July $, 2019 Short Envit�onmental Assessment Form Part 2 - Impaet Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information cantained in Part 1 and other materiais submitted by the project sponsor ar otherwise availabie to the reviewer. When answering the questions the reviewer shoutd be guided by the concept "Have rny respanses been reasonable considering the scale and cantext of the proposed action?" No, or Maderate smatl to targe impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning � � regulations . 2. Will the proposed action result in a change in the use or intensity of use of tand? Q � 3. Will the proposed actian impair the character or quality of the existing community? � Q 4. Will the proposed actian have an impact on the environmentat characteristics that caused the � ❑ establishment of a Criticat Environmental Area {CEA)? S. Will the proposed actian result in an adverse change in the existing levet of traffic or � ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate � � reasonably available energy conservation or renewable energy oppartunities? 7. Will the proposed actian irnpact existing: � � a. public I private water supplies? b. public / private wastewater treatment utilities? � � 8. Will the proposed action impair the character or quality of impartant historic, archaeological, � ❑ archit�tural or aesthetic resources? 9. Will the proposed actian result in an adverse change to naturai resaurces (e.g., wetlands, � ❑ waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erasion, flaoding or drainage � Q problems? 1 l. Will the proposed action create a hazard to environmentat resources ar hurnan health? � � Page 1 of 2 b 4 �. a Agen Use Onl [if applicable] Project: LL-Amend Noise �aw Date: July 8, 2019 . � Short EnvironmentaT Assessment Fvrm Part 3 Determinatian of Signi�cance For every question in Part 2 that was answered "moderate to targe impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please comptete Part 3. Part 3 should, in sufficient detait, identify the impact, including any measures or design elements that have been included by the project sponsar to avoid or reduce impacts. Part 3 shou(d also expiain how the tead agency determined that the impact may or wilt not be significant. Each potential impact shouid be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposal involves repealing the existing Town Code Chapter 184, Noise and replacing it with a new Chapter 184. e proposed I al law amendme ts will apply to all residential zones in the tawn (Low, Medium, and Hig ensity and Itiple Residenc and wiil also include Conservation, Agricultural, Lakefront Residenti and Mobile me Park zone The new Chapter 184 contains madifications to several sections that are intended to clarify and improve the noise law so it is easier for Town staff, the Town Board and the general public to understand and for Town Staff and the Town Board ta enforce. The revised Chapter specifically: (1 } Clarifies the language in several sections of the Chapter (2} Replaces the language in section 184-8 with more concise language for regulating naise from canstruction and other machinery (3j Separates out garbage and recycling provisions in sectian 184•8 (4j Includes more specific criteria for the Town Board to use as findings when considering granting noise permits, and (5) Establishes a mechanism for the suspensian or revocation of permits if violations occur There will be no anticipated change in the intensity af the use of land or in the character or quality of the community, no effect on traffic, environmental resources (natural areas, wetlands, streams, plant or wildlife habitat, etc), energy, utilities, historic ar aesthetic resources, and na drainage, floading, erasion, ar public health impacts as a result of enacting the proposed local law amendments. �Check this box if you have determined, based on the information and analysis above, and any supporting dacumentation, that the proposed action may resutt in one or more potentia(ly large or significant adverse impacts and an environmental impact statement is required. QCheck this box if you have determined, based an the information and analysis above, and any supparting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Town Board �' ��` � t q Name of Lead Agency Date William Goodman Print or Type Name of Responsible t�fficer in Lead Agency �.��!�,.�a.,-�S? �,��=�- Signature of Responsible Officer in Lead Agency Town Supervisor Title af Responsibie C)fficer Signature of Preparer {if different from Responsible Officer) Page 2 of 2 Meeting of the Ithaca Town Board Monday, July 8, 2019 Minutes Board Members Present: Bill Goodman, Supervisor; Members Pamela Bleiwas, Tee-Ann Hunter, Eric Levine, Pat Leary, Rod Howe and Rich DePaolo 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 Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to order and Pledge of Allegiance Mr. Goodman called the meeting to order at 5:33 p.m. 2. Persons to be heard and Board comments Martha Armstrong spoke regarding a ditch near Homestead Circle. She said there was recent work with the culvert and the ditch was left several inches below the drainage and now it has several inches of water in it all the time and there is a mosquito problem. She says they have called the Highway Department who has come out and said it was fine, but they disagree and it really needs to be drained and properly seeded so water doesn't stay in there all the time David Spatanick spoke and said he echoes Martha's comments regarding the ditch and stormdrain and said he cleans it out once or twice a year and he would like some help with that. He said his property has the only stormdrain for the Cornell field and many of the properties on Woodcrest Rd and they all drain into an are that then feeds down along the back line of the properties into this single storm drain and under heavy rains, that storm drain and the area that is there, which he has reinforced and built up to provide an impoundment, will over top the impoundment and flow into property on Woodcrest. He said this is a mess and years ago, Bill Rocco and he worked with the Town to put an additional drain on the uphill side of the bike path so there were two drains there. The bike path was working as a dam and a second drain line was put in but we are back to facing the same flooding issues we did 30 years ago. He said he would be happy to talk to somebody about the challenges and the problem is the drain line sits right at the boundary between the Town and the City and the water coming down comes off of Cornell land and City and Town of Ithaca private property. It is going to be a problem, but it needs to be addressed. Cara Ellen Luke, a resident on Strawberry Circle spoke about being awakened about two weekends ago at 2:15 in the morning by loud shouting and yelling and partying from a large house on Alex Way. She said this isn't the first time this has happened. She said the house is not owner occupied and is rented through AB&B and because it is a large house, it is typically rented to a large number of people. TB 2019-07-08 Pg. 1 Ms. Luke said she looked out her window and there were a bunch of young men yelling and shouting and she was told to call the Sheriff's office with a noise complaint, but said even if I do, it is hard to get back to sleep after having to deal with the idea and act of calling the Sheriifs and at that point I have already lost my night's sleep. She said she talked to a Code Officer and was told to come to this meeting to address the board. She said she was told the Board is considering regulations for short term rentals and so her two cents is that there is a world of difference between in residential neighborhood between an owner-occupied building and having a room or two or three being used as a rental because the owner is there to deal with any excessive noise, and it is basically still a residential use but if it is not an owner-occupied building it is really a completely commercial use in a residential area and she didn't think that was an appropriate use and especially when it is a particularly large house where a lot of people can stay. Ms. Luke said in this stressed world where people need to get their sleep it isn't good to have to worry about whether you are going to get to sleep. Heidi Decu, Eastwood Commons, spoke saying it is alarming that a big house becoming the source of problems is really alarming. She said it is usually a very nice and quiet neighborhood and she hopes the board can do something about this and head off a problem. Another resident added her voice to the same issue about noise at the house at Alex Way saying this is a very intrusive way of inessing up a quiet neighborhood and if it was owner-occupied it might be different and she sees owner-occupied as very different but this is a problem. Board comments — Mr. Goodman stated that the town does have a committee working on Short Term Rental regulations and we are close to having a final drat to bring to the full board for discussion but one of the main things we are looking at is regulating unhosted short term rentals and limiting the number of days they can be rented. Mr. DePaolo added that the other provision is to foreclose on non-owner occupied houses with the provision that it has to be your primary residence. If you want to own a house and you want to leave for a certain number of days, the presumption is still that it is your primary residence and there will be a higher level of oversight and we are also considering requiring that the owner or his/her representative be within an hour away to be able to respond to a complaint. 3. Public hearing regarding a proposed local law to place a stop sign at the intersection of Homestead Circle/Homestead Pl Mr. Goodman opened the public hearing at 5:50 p.m. and reminded the board that a public hearing was held last month regarding placing yield signs and the request and subsequent law was changed to placing a stop sign and so this is a public hearing for that revised law. TB 2019-07-08 Pg. 2 Jody Gabbler spoke as a resident of the area saying that she was in support of a stop sign at the intersection with the circle. She felt the stop sign would make a huge difference and she added that the brush cutting was very helpful. Martha Armstrong spoke saying the delivery trucks and people who are lost seem to speed around the Circle and we have 19 young and school age children so we appreciates the efforts of the board on this. Dave Stapanick spoke in favor of the stop sign. The public hearing was closed at 5:55 p.m. TB Resolution 2019 - 094: Adoption of LL 4 of 2019 amendin� Chapter 250 of the Town of Ithaca Code, titled "Vehicles and Trafiic" bv addin� a Stop Si�n at the Homestead Road/Homestead Circle intersection Whereas, the Town Board received a petition from residents of the Homestead Road/Homestead Circle area for a stop sign at the intersection of said roads, and Whereas, the Public Works Department came up with an alternate proposal for three yield signs, and Whereas, a public hearing was held on a local law to permit and approve the placement of said yield signs on June 10, 2019, and Whereas, the Town Board referred the matter back to the Public Works Committee, which discussed it on June 18, 2019 and decided to recommend one stop sign, and Whereas, a public hearing was held on a local law to permit and approve the placement of said stop sign on July 8, 2019, now therefore be it Resolved that the Town Board hereby adopts Local Law 4 of 2019 to allow for the placement of a stop sign at the Homestead Road/Homestead Circle intersection. Moved: Rod Howe Seconded: Rich DePaolo Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 4. Public hearing regarding a proposed local law to override the Tax Levy Limit Mr. Goodman opened the public hearing at 5:56 p.m. There was no one present and the hearing was closed. TB Resolution 2019-095: Adoptin� a Local Law to Override the Tax Levv Limit Established in General Municipal Law �3-c TB 2019-07-08 Pg. 3 Whereas, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and Whereas, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and Whereas, at its meeting on June 10, 2019, the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on July 8, 2019 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICII'AL LAW §3-C"; 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 the proposed 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 this action is not subject to review under SEQRA; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 5 of 2019 entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C", 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: Pat Leary Seconded: Eric Levine Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 5. Discuss and consider a proposed local law adopting the revised Noise law Mr. Goodman noted that the public hearing was held last month. Minor changes were made to the SEQR. A brief overview of the changes was given; of note was garbage collection times remained the same and types of trucks were removed so it is across the board and wording changes to make the law clearer and easier to enforce. The ability to suspend or revoke a noise permit was also TB 2019-07-08 Pg. 4 added. The revisions also tightened up construction noise and spelling out criteria that the board or code officers could use to evaluate a noise or complaint. Ms. Bleiwas asked about the penalties wording and Ms. Brock responded that the wording follows other penalty sections in our Code. Her concern was someone having a criminal record if, say, their dog barks twice in five years. Ms. Brock looked up the State laws and the verbiage we have addresses that concern. TB Resolution 2019 - 096: SEQR: Proposed local law deletin� Chapter 184, Noise, and addin� a new Chapter 184, Noise, to the Town Of Ithaca Code Whereas, this action is the enactment of a local law deleting Chapter 184 entitled "Noise", and adding a new Chapter 184, entitled "Noise" to the Town Code; and Whereas, this is an Unlisted Action for which the Town Board of the Town of Ithaca is the Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on July 8, 2019, has reviewed and accepted as adequate the Short Environmental Assessment Form (SEAF), Parts l, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman TB Resolution 2019 -097: Adontion of local law deletin� Chanter 184, Noise, and addin� a new Chapter 184, Noise, to the Town of Ithaca Code Whereas, the existing Noise Law is outdated and requires necessary revisions; and Whereas, the Town Codes and Ordinances Committee discussed the Noise Law at their meetings in July, October, and November 2018; and in February, March and April 2019, worked through revisions to the law and has recommended the proposed local law; and Whereas, at its meeting on May 13, 2019, the Town Board of the Town of Ithaca discussed the proposed local law and a public hearing was scheduled for June 10, 2019 at 5:30 p.m. to hear all interested parties on the proposed local law, entitled "A local law deleting Chapter 184, Noise, and adding a new Chapter 184, noise, to the Town of Ithaca Code"; and TB 2019-07-08 Pg. 5 Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted Action for which the Town Board of the Town of Ithaca, the lead agency in an environmental review with respect to adoption of this local law, has, on July 8, 2019, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts l, 2 and 3; and Whereas, the Town Board finds that the proposed local law furthers the health and welfare of the community; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 4 of 2019 entitled "A local law deleting Chapter 184, Noise, and adding a new Chapter 184, Noise, to the Town of Ithaca Code"; 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: Rod Howe Seconded: Tee-Ann Hunter Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 6. Discuss and consider setting a Public Hearing for revised Official Town of Ithaca Map TB Resolution 2019- 098: Settin� a Public Hearin� Re�ardin� Chan�es to the Ofiicial Town Map Whereas, Section 270 of NYS Town Law authorizes the Town Board to establish an official map of that part of the town outside the limits of any incorporated city or village showing the streets, highways, and parks theretofore laid out, and may also show drainage systems; and Whereas, the current Official Map of the Town of Ithaca dates back to July 2012 and has not been changed or amended since then; and Whereas, the Highway Superintendent/Director of Public Works has prepared a draft proposed, revised Official Map, dated June 10, 2019, showing the current and proposed streets, highways and parks in the Town of Ithaca, which represents changes from the July 2012 Official Map; and Whereas, the Town of Ithaca Planning Board reviewed the draft Official Map, dated June 10, 2019, and held a public hearing on the draft Official Map at its meeting on June 18, 2019; TB 2019-07-08 Pg. 6 Whereas, the Town of Ithaca Planning Board recommends that the Town Board adopt the proposed revised Official Map with changes further identified by the Highway Superintendent/ Director of Public Works; and now therefore be it, Resolved, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 22�h day of July, 2019, at 4:30 p.m. for the purpose of considering changes to the Official Town Map; and it is further Resolved, that at such time and place all persons interested in the proposed changes to the Official Town Map 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. Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 7. Discuss and consider authorization for the Supervisor to sign a contract for removal of invasive plants along the South Hill Recreation Way TB Resolution 2019 - 099: Authorization for Supervisor to Si�n A�reement for Services with Zeb Strickland as part of the Town of Ithaca South Hill Recreation Wav Invasive Removal & Native Replantin� Grant Whereas, the Town of Ithaca has received a 2018 Urban and Community Forestry Grant from the New York State Department of Environmental Conservation (NYSDEC) for removing woody invasive plants and replanting with native trees and shrubs along the South Hill Recreation Way, and Whereas, the funding provided by NYSDEC is $38,250, which requires a local match of $12,750, and Whereas, the Town of Ithaca Public Works Department has received a proposal from Zeb Strickland (Forest and Water Solutions) to cut down the woody invasives and treat the stumps with an herbicide along both side of the South Hill Recreation Way (approximately 3.4 miles) with a total cost of $8,840.00; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to sign the Agreement for Services with Zeb Strickland, in an amount not to exceed $8,840.00, as part of the Town of Ithaca South Hill Recreation Way Invasive Removal & Native Replanting Grant. Moved: Tee-Ann Hunter Seconded: Rod Howe Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman TB 2019-07-08 Pg. 7 8. Discuss and consider approval and authorization to submit a grant application for a feasibility study for the South Hill Recreation Way Extension Mr. Goodman noted that this is for Phase 1. TB Resolution 2019 - 100: Authorization to Applv for Fundin� throu�h the 2019 Environmental Protection Fund Grants Pro�ram for Parks, Preservation and Herita�e for Preliminarv Desi�n and Construction Cost Estimates for the Potential Expansion of the South Hill Recreation Wav — Burns Road to Banks Road Whereas, the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) has announced the availability of funding under the 2019 Environmental Protection Fund Grants Program for Parks, Preservation and Heritage, which includes a category for the planning of parks and recreational facilities (stand-alone projectplanning), and Whereas, the maximum assistance allowed toward the cost of the project is $600,000, with a 25% local match required, and Whereas, the Town of Ithaca, with support from Tompkins County and the Towns of Dryden and Danby, is seeking to obtain preliminary designs and construction cost estimates for the potential expansion of the South Hill Recreation Way from Burns Road to Banks Road, and Whereas, the Town of Ithaca estimates the total cost of this project to be approximately $75,000, based on cost estimates provided by several qualified engineering and landscape architect consultants, Whereas, grant applications are due by July 26, 2019; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby authorized and directed to file an application for preliminary designs and construction cost estimates for the potential expansion of the South Hill Recreation Way from Burns Road to Banks Road under the 2019 Environmental Protection Fund Grants Program for Parks, Recreation and Heritage in an amount not to exceed $75,000, and upon approval of said request to enter into and execute a project agreement with OPRHP for such financial assistance to the Town of Ithaca. Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 9. Discuss and consider authorization for the Supervisor to sign a Memorandum of Understanding with the City of Ithaca regarding inspections at the Cornell North Campus Residential Expansion TB 2019-07-08 Pg. 8 Mr. Goodman explained that since the bulk of the project is on City property this is to permit the City to do all inspections but he did add a requirement of $30K to cover the expenses the town has incurred in processing this agreement and the loss of building permit fees. TB Resolution 2019 - 101: Authorization for Supervisor to Si�n an A�reement with the Citv of Ithaca for Buildin� Permittin�, Inspection and Related Services for the Cornell Universitv North Campus Residential Expansion Whereas, the Cornell North Campus Residential Expansion will be a large project in both the Town and the City of Ithaca, and will be under construction for multiple years requiring many hours of code enforcement staff time, and Whereas, the Town of Ithaca Code Enforcement Department will be experiencing staff transition in 2019 and 2020, and Whereas, the City of Ithaca is willing to provide code enforcement services for the two buildings and related area of the NCRE that straddles the Town and City boundary; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to sign an Agreement with the City of Ithaca for Building Permitting, Inspection and Related Services for the Cornell University North Campus Residential Expansion, subject to final approval from the Attorney for the Town. Moved: Bill Goodman Seconded: Pat Leary Vote: ayes — Howe, Hunter, Leary, Levine, DePaolo, Bleiwas and Goodman 10. Continue discussion on Water and Sewer Studies and their implications Mr. Weber said the direction he got was to identify what we feel are projects that could be completed that would benefit existing customers and provide some flexibility for growth in potential areas. By focusing on South Hill, the bigger issues we are going to have to deal with are getting easements or ROWs. Mr. Goodman said he developed a spreadsheet and handed it out. He said he was trying to get a sense of all the proj ects that might be considered and the thought is to look at it and see if it is helpful and then ask Mr. Weber and Mr. Thaete to flesh it out more to give us a way to look at all the projects. Mr. Goodman said he broke it out in "hills" and the water projects are broken down by tank zones and then sewer. He listed the potential projects that have been mentioned and then list the effect the projects would have such as the fireflow, 3-day storage capacity and the pressure and then the cost and a sense of the difficulty of each project and what customers it benefits, current or future and finally whether it can be handled in-house or not. TB 2019-07-08 Pg. 9 He hoped this would help having everything in one place to aid the board in discussion on which direction to go and he asked the board what other information they would like to see. These discussions are going to take a while, and will be on the next few agendas to keep it moving forward. Mr. DePaolo said it would be helpful to know which of these projects could alleviate current limitations in areas that have been designated for future growth. If we have focus areas and there are one of more of these projects that are inhibiting the growth that we want to see, it would be nice to know which would allow the growth we want so we can prioritize. For example, growth can happen in the South Hill area only if this or that happens. Mr. Weber said he thought that had been discussed in the study and Mr. DePaolo put out the scenario of what if you had a water main upgrade and a tank for the same service area; would it matter if the water main was upgraded if the tank wasn't? If the tank capacity stayed the same, what good would upgrading the water main do? I need to know whether theses things are linked are whether they are extricable. Mr. Goodman added that it would be good to know if sequencing is needed also; does one thing have to happen before another thing can happen. Mr. DePaolo used Southwoods as an example; there is a pressure problem there but is that as high a priority as not having enough water for the South Hill TND? In the study were they prioritized strickly from an engineering perspective or was there a policy perspective integrated into it? Mr. Weber said he thought it was more from an engineering perspective and meeting expecta- tions of current customers. He added that the town still has the issue of aging infrastructure on top of these major projects and he asked whether those costs should be included. Mr. Goodman thought it would be helpful to have everything in one place because that can add up to a lot of money and should be part of the evaluation. Mr. Levine said he is still trying to wrap his head around how to score projects; what is the urgency and immediate impact of some projects vs a long term need. For example, Southwoods has a pressure issue, but how many people and how to weight that versus eventual development in an area that is going to happen over a long period of time. Mr. Howe said he wouldn't want numbers of people to be the sole influence but we need to know what kind of numbers would be added if an area is developed and increased the tax base. Mr. DePaolo said he would also like to know any unintended consequences, using Southwoods again, what are the consequences of upgrading that service when we don't envision added development in that area? Do they need a tank and a main to get a good shower or one or the other or what are the options and consequences. TB 2019-07-08 Pg. 10 Mr. Weber said if we are looking at anything on South Hill, the Ridgecrest tank is the number one issue you have to deal with. Capacity isn't the issue; we only use 10% of the water in the tank After you take care of that, everything else will fall into place as development occurs and right now we have some development interest that is dependent on upgrades to that tank. Ms. Hunter asked what he meant by the upgrade to the tank and would that mean all five proj ects listed under Ridgecrest on the spreadsheet? Mr. Weber responded that it would just be the new tank and he thought the price would be more than what was listed; his estimate is $3.SM to purchase land for the diameter of the tank because it is a wetland up there and to make a foundation work it will be expensive. Mr. Goodman said he will continue to work with Mr. Weber and Mr. Thaete to flesh this out. Mr. Weber turned to the sewer projects and the Town of Ithaca is several steps ahead of the other owners in the IAWWTP so we are comfortable where we are at right now and we are still looking at doing some of the maintenance work we have been doing over the last couple of years. He said the sewer study did indicate that there are some high concentrations of I& I(infiltration and inflow) but we don't know what the cause of those are. What staff thinks we should be doing is breaking it down by hills and do more indepth studies to determine causes. As a whole. our sewer system can handle the flows of the growth identified although there may be some issues with getting to the sewer. 11. Continue discussion of 2020 Capital Improvement Plan Mr. Weber reviewed the spreadsheet. 12. Consent Agenda TB Resolution 2019 -102: Adopt Consent A�enda 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. Bolton Point Abstract c. Ratify Creation of positions for GTCMHIC (Health Consortium) d. Ratify Provisional Appointment of Clerk for the GTCMHIC Board Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: ayes — Howe, Hunter, Levine, Leary, DePaolo, Goodman and Bleiwas TB 2019-07-08 Pg. 11 TB Resolution 2019 -102a: Town of Ithaca Abstract No. 13 for FY-2019 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas said vouchers have been audited for payment by the Town Board; now therefore be it Resolved that the Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 815 - 888 General Fund Town Wide 29,65131 General Fund Part-Town 3,393.93 Hi hwa Fund Town Wide DA 1,439.48 Hi hwa Fund Part Town DB 18,307.81 Water Fund 25,979.48 Sewer Fund 278,75734 Fire Protection Fund 46,626.41 Forest Home Li htin District 230.63 Glenside Li htin District 66.70 Renwick Hei hts Li htin District 78.06 Eastwood Commons Li htin District 170.35 Clover Lane Li htin District 19.64 Winner's Circle Li htin District 67.26 Burlei h Drive Li htin District 66.68 West Haven Road Li htin District 199.34 Coddin ton Road Li htin District 118.99 TOTAL 405,173.41 TB Resolution 2019-102b: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing 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 Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers Check Numbers: Capital Impr/Repl Project Operating Fund TOTAL 270-315 18431-18476 $ 43,525.47 $ 77,660.15 $ 121,185.62 TB 2019-07-08 Pg. 12 TB Resolution 2019-102c: Ratify Approval of Creation of Positions for GTCMHIC Whereas, the Town of Ithaca has been established as the "Employer of Record" for the Greater Tompkins County Municipal Health Insurance Consortium (Consortium) and by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment, and Whereas, the Consortium has been working with the Tompkins County as a New York State Civil Service Agency in accordance with applicable Civil Service laws, rules and regulations to establish and maintain appropriate titles and positions; and Whereas, the Consortium Board of Directors on June 28, 2019 established the following positions and job descriptions; and 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 Computer Assistant 2. The following position is established and is a position in the exempt class pursuant to Section 41 of the Civil Service Law: (a) One Clerk of the GTCMHIC Board Whereas, Tompkins County Civil Service has agreed to petition New York State Civil Service to have the Clerk of the GTCMHIC Board position classified in the Exempt class pursuant to Section 41 of the Civil Service law; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby ratifies the Consortiums creation of the following positions and job descriptions; Administrative Computer Assistant and Clerk of the GTCMHIC Board. TB Resolution 2019-102d: Ratify Provisional Appointment of Clerk of the GTCMHIC Board Whereas, the Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC) created the Clerk of the GTCMHIC Board position June 28, 2019; and Whereas, Michelle Cocco was provisionally appointed by the GTCMHIC's Board on June 28, 2019, to the position of Clerk of the GTCMHIC Board based on a part-time schedule of 20 hours per week, at the hourly rate of $34.00, effective July l, 2019, with limited part time benefits; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the GTCMHIC Board's appointment of Michelle Cocco as the Clerk of the GTCMHIC Board, effective July l, 2019, provisional pending results of the civil service petition for Exempt status under Section 41 of the Civil Service Law. TB 2019-07-08 Pg. 13 13. Correspo�dence Mr. Goodman reported that the complaint for property maintenance has been forwarded to Codes and dealt with. ]4. Report o#' Committees and Town Officials Mr. Goodman noted that the Ithaca Beer noise germit check-in was scheduled for this meeting and Mr. Bates and Ms. Rosa stated that they haven't received any complaints and Ms. Rosa said she stops in often and goes to the end of the neighboring roads to listen and there have been no issues. The board was happy with the check in. Mr. Goodman noted that the interview committee for the Director of Codes will be scheduling interviews shortly. Ms. Rosa reported that St. Catherine of Sienna has requested a noise pernut for their annual Peace Festival and the last one was for three years and she would like to know if the boaz'd is in favor of doing that again. We have never received any complaints for tlus event. The Board agreed. Executive session — Mr. Goodman moved to enter executive session at 7:08 p.m. to discuss the acquisition of real property where publicity may affect the value and to discuss the employment history oi a particular persan. Seconded by Ms. BZeiwas, unanimous. � 15. Adjournment Meeting was adjourned upon a motion and a second after reentering apen session with no iurther discussion or action. � -.�. � � �/i/ / /-��% , .�.1 ��iL. '. - "• . � TB 2014-07-08 Pg. 14