HomeMy WebLinkAboutTB Minutes 2019-07-08Meeting of the Ithaca Town Board
Monday, July 8, 2019 at 5:30 p.m.
Agenda
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. Report of Committees and Town Officials
TOWN OFITHACA
AFFIDAVITOF POSTING'AND PUBLICATION
1, PlUlette Rosa, being duly sworn, say that I am Die rowan Clerk of the Town of lthac,a, Tompkins
County, New York that the following notice has been dUly posted on the sign board of the Town Clerk of
the Town oflthaca and the notice has been daily IMblished in the officJal neWspaper, Ithaca joul-111al:
F1 ADVERTISEMENT/NoTiCE
/NOTICE OF PUBLIC HEARINGS
NOTICE OFESTOPPEL
I NOTIC7E OFADOPTION OF PUBLIC
INTEREs'r ORDER
1. Deleting Chapter 184 "Noise" and
adoption of revised one
2. Amending Chapter 250 "Vehicles and
Traffic"'
3. Adapting a local law to overrideTax
Levy Limit
Location of Sign Board 1.1'sed for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at
Date of Posting: June 25, 2019
Date ,qffublication: July 02,201,9
ty To*dClerk
STATE OF NEW YORK,)
COUNTY OFTOMPKINS) SS:
A N
TOWN OF ITHACA,)
Sworn to an(] subscribed before race this 3`1 day.
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Short Environmental Assessment Form
Part .1 - Project Information
Instructions for Completinlr
Part I — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on
information Currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which You believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part I — Project and Sponsor Information
Name of Action or Project:
Local Law Deleting Chapter 184, Noise, And Adding A New Chapter 184, Noise, To The Town Of Ithaca Code
Project Location (describe, and attach a location map):
All areas of the Town of Ithaca
Brief Description of Proposed 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) Clarifies 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) Includes more specific criteria for the Town Board to use as findings when considering granting noise permits, and
(5) Establishes a mechanism for the suspension or revocation of permits if violations occur
The proposed local law will make the Noise Chapter clearer and easier for Town staff, Town Board and the general public to understand and
for Town staff and the Town Board to enforce.
Name of Applicant or Sponsor:
Telephone: 607-273-1721
Town of Ithaca Town Board - William Goodman, Town Supervisor
E-Mail: bgoodman@town.ithaca.ny.us
Address:
215 North Tioga Street
City/PO:
State:
Zip Code:
Ithaca
NY
14850
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation? Hease see Part ") �6r descrip.m and affccaA enviromnent,,d r,-,�omces
NO
YES
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency?
NO
YES
If Yes, list agency(s) name and permit or approval:
0
0-
3. a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
5. F-1 Urban ❑ Rural (non -agriculture) ❑ Industrial 0 Commercial ❑ Residential (suburban)
F-1 Forest ❑ Agriculture ❑ Aquatic F-1 Other(Specify):
F-1 Parkland
I of 3 SEAF 2019
f d
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
F-1
F]
E1_
E1_
F]
F]
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
NO
YES
F-1
1-1
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify:
NO
YES
❑
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
NO
YES
F-1
❑
El
F-1-
F�
0
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
NO
YES
F-1
F-1
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
NO
YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
NO
YES
F-1
F]
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic 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 NY State Historic Preservation Office (SHPO) archaeological site inventory?
NO
YES
F-1
El -
F-1
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
NO
YES
�
F-1
F-1
�
Page 2 of 3
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
El Shoreline M Forest E] Agricultural/grasslands [3 Early mid -successional
MWetland El Urban El Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or
Federal government as threatened or endangered?
NO
YES
El
0
16. Is the project site located in the 100-year flood plan?
NO
YES
❑
❑
17. Will the proposed action create storm water discharge, either from point or non -point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties?
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe:
NO
YES
0-
F]
r 1
FI
%
18. Does the proposed action include construction or other activities that would result in the impoundment of water
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment:
NO
YES
El
F1
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste
management facility?
If Yes, describe:
NO
YES
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:.
NO
YES
❑
F-1
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Willarn Goodman Date:
Signature: Title: Town Supervisor
I PRINT FORM I Page 3 of 3
Agency Use Only [If applicable]
Project: FTM;d Noise Law
Date: ,July 8, 2019
Short Environmental Assessment Form
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept "Have my responses been reasonable considering the scale and context of the proposed action?"
No, or
Moderate
small
to large
impact
impact
may
may
occur
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
RI
El
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
RV
El
3. Will the proposed action impair the character or quality of the existing community?
RI
El
4. Will the proposed action have an impact on the environmental characteristics that caused the
RI
E]
establishment of a Critical Environmental Area (CEA)?
S. Will the proposed action result in an adverse change in the existing level 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
El
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
El
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
❑
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
❑
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
F-1
Pagel of
Agency Use Only [if applicable]
Project: LL-Amend Noise Law
Date: July 8, 2019 .
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered "moderate to large 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
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should 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. a proposed I al law amendme is will apply to all residential zones in the town (Low,
Medium, and Hig ensity and Itiple Residencl6k and will also include Conservation, Agricultural,
Lakefront ResidentiAli and Mobile PIpme Park zone
The new Chapter 184 contains modifications 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 to 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 noise from
construction and other machinery
(3) Separates out garbage and recycling provisions in section 184.8
(4) Includes more specific criteria for the Town Board to use as findings when considering granting
noise permits, and
(5) Establishes a mechanism for the suspension or revocation of permits if violations occur
There will be no anticipated change in the intensity of 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 or aesthetic resources, and no drainage, flooding, erosion,
or 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 documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
QCheck this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Ithaca Town Board` L
Name of Lead Agency Date
William Goodman Town Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency 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 messing 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 PI
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 amending Chapter 250 of the Town of
Ithaca Code, titled "Vehicles and Traffic" by adding a Stop Sign 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: Adopting a Local Law to Override the Tax Levy Limit
Established in General Municipal Law 0-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 MUNICIPAL 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: SEAR: Proposed local law deleting Chapter 184, Noise, and
adding 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 1, 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: Adoption of local law deleting Chapter 184, Noise, and adding 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 1, 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: Setting a Public Hearing Re2ardin2 Changes to the Official
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 221h 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 Sign Agreement for Services
with Zeb Strickland as part of the Town of Ithaca South Hill Recreation Way Invasive
Removal & Native Replanting 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 Apply for Funding through the 2019
Environmental Protection Fund Grants Program for Parks, Preservation and Heritage for
Preliminary Design and Construction Cost Estimates for the Potential Expansion of the
South Hill Recreation Way — 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 project planning), 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 Sign an Agreement with the
City of Ithaca for Building Permitting, Inspection and Related Services for the Cornell
University 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 projects 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 projects
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 $3.5M 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 Agenda
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
29,651.31
General Fund Part -Town
3,393.93
Highway Fund Town Wide DA
1,439.48
Highway Fund Part Town DB
18,307.81
Water Fund
25,979.48
Sewer Fund
278,757.34
Fire Protection Fund
46,626.41
Forest Home Lighting District
230.63
Glenside Lighting District
66.70
Renwick Heights Lighting District
78.06
Eastwood Commons Lighting District
170.35
Clover Lane Lighting District
19.64
Winner's Circle Lighting District
67.26
Burlei h Drive Lighting District
66.68
West Haven Road Lighting District
199.34
Coddin ton Road Lighting 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 1, 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 1, 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. Correspondence
Mr. Goodman reported that the complaint for property maintenance has been forwarded to Codes
and dealt with.
14. Report of Committees and Town Officials
Mr. Goodman noted that the Ithaca Beer noise permit 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 permit for their annual
Peace Festival and the last one was for three years and she would like to know if the board is in
favor of doing that again. We have never received any complaints for this 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 of a particular person. Seconded by Ms. Bleiwas, unanimous.
15. Adjournment
Meeting was adjourned upon a motion and a second after reentering open session with no
further discussion or action.
Paulette kosa-, Town Clerk
TB 2019-07-08 Pg. 14
