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HomeMy WebLinkAboutTB Packet 2019-12-30 Year End Meeting of the Ithaca Town Board Monday, December 30, 2019 11:30 a.m. Agenda 1. Call to order 2. Public Hearing regarding contract with City of Ithaca Fire Department a. Consider approval 3. Discuss and consider authorization and cost sharing for the purchase of a fire truck by the Village of Cayuga Heights Fire Department 4. Discuss and consider setting a public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 5. Discuss and consider setting a public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Road Water Main Replacement Water Improvement from $875,000 to $950,000 6. Discuss and consider approval of concept and location for water and sewer infrastructure —Alex Way subdivision 7. Discuss and consider approval of application and submission of a Deer Management DEC Nuisance Permit 8. Discuss and consider appointments to the Planning Board and Zoning Board of Appeals 9. Consent a. Town of Ithaca Abstract 10. Swearing in of 2020 Elected Officials 11. Adjourn MEETING OF THE ITHACA TOWN BOARD December 30, 2019 TB Resolution 2019 - : Approval of, and authorize for the Town Supervisor to sign, a contract with the City of Ithaca for Fire Protection Services by the City of Ithaca Fire Department Whereas, the Town of Ithaca has contracted with the City of Ithaca for Fire Protection Services for a number of years, and Whereas, negotiations for the proposed contract for 2020-2024 have been held, and Whereas, a duly publicized public hearing was held and all persons interested in the speaking on the subject were heard, and Whereas, the proposed fire contract with the City of Ithaca is for the provision of fire protection services and emergency services the Town except for the Village of Cayuga Heights Town pursuant to Town Law § 184 with the following substantive changes: 1. Shifting coverage of the North Campus Residential Expansion buildings/properties from the Village of Cayuga Heights Fire Department to the City of Ithaca Fire Department, and 2. The waiving during the contract period of a requirement for five (5)volunteers per each additional paid firefighter position being added, and Whereas,the contract period is five (5)years with the payment structure remaining the same as in the past,which is based proportionately using the total taxable property assessments in the Town and the City. Town of Ithaca's payment are project to be: 2020 $3,495,000 2021 $3,582,375 2022 $3,671,934 2023 $3,763,733 2024 $3,857,826 Now therefore be it Resolved,that the Town Board approves the contract as presented and described and authorizes the Town Supervisor to sign same, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Tuesday, December 30, 2019 TB Resolution 2019 - : Approval for the Purchase of a Fire Ladder Truck by the Village of Cayuga Heights Volunteer Fire Department and any appropriate Budget Amendment Increasing Appropriations within the Fire Protection Fund Whereas, the Town of Ithaca entered into a Contract with the Village of Cayuga Heights for the provision of fire, hazardous material and emergency medical incident response by the Cayuga Heights Fire Department within the Fire Protection District of the Town of Ithaca; and Whereas, the Contract for Fire Protection specifies that the Town of Ithaca shall pay a proportion of the Cayuga Heights Fire Department's capital expenses; and Whereas, the Village of Cayuga Heights is requesting approval of and funding for a new Ladder Truck which is estimated at approximately $869,279 with the Town's portion being approximately $264,000; and Whereas, the current ladder truck will be placed sold and proceeds from that sale will be put toward the total purchase price noted above; now, therefore, be it Resolved, that the Town Board approves the contributory payment in an amount not to exceed $285,000 for the new Ladder Truck and be it further Resolved, that the Tow Board approves and authorizes any necessary budget amendments to meet this contribution. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD December 30, 2019 p.m. 215 N. Tioga St., Ithaca, NY, Tompkins County TB Resolution 2019 — : Order Setting a Public Hearing Re2ardin2 an Increase in the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 Present: Moved: Seconded: Whereas, on December 10, 2018 the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement") and the establishment of the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility Sewer Improvement Area ("Sewer Improvement Area"), through TB Resolution 2018-150; and Whereas,the notice of public hearing stated that the initially determined maximum estimated cost to said Sewer Improvement Area was $2,939,272 (Town portion), and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $2,939,272; and Whereas, bids were received and opened on November 26, 2019, which were considerably higher than the estimates for same from the Engineers; and Whereas, Ithaca Area Wastewater Facility Staff, in conjunction with the project's Consultant Engineers concluded that the bids received were responsive and reflective of today's reality, and Whereas, the Facility and Consultant Engineers have prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Sewer Improvement Area (Town portion) from $2,939,272 to $4,540,818; and Whereas,no other changes are proposed to any aspect of the Improvement or Sewer Improvement Area; and Whereas, it is now desired to call a public hearing for the purpose of considering the increase in the maximum amount to be expended by the Town of Ithaca from $2,939,272to $4,540,818, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; 1 Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County,New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 301h day of December, 2019, at 11:30 o'clock A.M., Prevailing Time,to consider the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended,with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk,not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows; The Order was thereupon declared duly adopted. 2 Capital Project Construction Phase for Grit Removal Project, Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility WInIEREAS, the Ithaca Area Wastewater"Freatment Plant is in need of certain Capital Improvements, and WHEREAS, on September 19, 2018, the Special Joint Committee (SJC) UnaniroOUsly recommended to the Owners that this prqject be authorized and handed in an amount not to exceed $7,190,000 for the costs required to construct the Grit Removal and Concrete Restoration project in its entirety, and WHEREAS, bids were received for the Ithaca WWTF Grit Removal and Miscellaneous Improvements Pi-cJJect on November 26,2019, and Staff, in association with the Plant's C011SUlting engineers, GYID, have completed the Post-Bid Project Cost Analysis, and WHEREAS, Staff, in association with the P'lant's consulting engineers GI-ID, have concluded that GI-ID's "opinion of'probable protect costs" (Engineers Estimate)was low, and the bids received were responsive arid reflective of today's reality,and WHEREAS, whether the Contract is Awarded or Re-Bid the project flunding authorization will need to be increased as follows" Original Cost Revised Cost Change Authorized Estimate Contract I —General $4,420,000 $7,417,175 $2,997,175 Contract 2 - Electrical $1,260,000 $2,043,600 $783,600 Contract 3 - HVAC $310,000 $521,900 $211,900 Subtotal Construction $5,99'0,000 $9,982,675 $3,992,675 C'011tingency $600,000 $325,000 ($275,000) Total Construction $6,590,000 $10,307,675 $3,717,675 Engineering, Testing, Legal, Administration $600,000 $800,000 $200,000 Total Project Cost $7,190,000 $11,107,675 $3,917,675 WHEREAS, the SJC recommends to the Owners that this project be authorized and handed in an additional amount not to exceed $3,917,675 for the costs required to construct the Grit Removal and Concrete Restoration pro.ject in its entirety, and be it further RESOLVED, That SJC hereby recommends authorization of this project contingent Upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity bund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Total Project Cost Increased Cost Authorization City of Ithaca 57.14 $6.,346,925 $2,238,559 ']'own of Ithaca 40.88 $4,540,818 $1,601,54&? Town of Dryden 1.98 $21x).932 V7,570 $11,107.675 $3,917,675 page 15 of 15 MEETING OF THE ITHACA TOWN BOARD December 30, 2019 p.m. 215 N. Tioga St., Ithaca, NY, Tompkins County TB Resolution 2019 — : Order Setting a Public Hearing Re2ardin2 an Increase in the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement from $875,000 to $950,000 Present: Moved: Seconded: Whereas, on April 8, 2019, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Winston-Salem Water Main Replacement Water Improvement (the "Improvement") and the establishment of the Winston-Salem Water Main Replacement Water Improvement Area("Water Improvement Area"), through TB Resolution 2019-055; and Whereas,the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $875,000, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $875,000; and Whereas, because of anticipated increased construction costs in 2020, the Town Engineer has prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $875,000 to $950,000; and Whereas,no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, it is now desired to call a public hearing for the purpose of considering the increase in the maximum amount to be expended by the Town of Ithaca from $875,000 to $950,000, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County,New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 301h day of December, 2019, at 11:30 o'clock A.M., Prevailing Time,to consider the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. 1 Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended,with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows; The Order was thereupon declared duly adopted. 2 MEETING OF THE ITHACA TOWN BOARD Tuesday, December 30, 2019 TB Resolution 2019 : Acceptance of the Concept and Locations of the Proposed Public Utilities (water & sewer) to be dedicated to the Town in Coniunction with the Alex Way Subdivision Proiect Whereas, the Town of Ithaca Planning Board, on November 19, 2019, has granted Preliminary Site Plan Approval for the proposed for the proposed subdivision located at 11 Alex Way, 14 Alex Way, 15 Alex Way and 128 Honness Lane, Town of Ithaca Tax Parcel No.'s 60.-1-25.21, 60.-1-25.22, 60.-1-25.23 and 60.-1-21, Medium Density Residential Zone. The proposal involves subdividing the three existing lots on Alex Way to create six new residential lots, with Lot 1 containing the existing residence at 11 Alex Way. The proposal also involves subdividing a strip from the north edge of 128 Honness Lane which will become part of Lots 5 and 6. The project will also involve improving Alex Way, extension of water and sewer lines, and stormwater facilities. Giora and Limor Fix, Owners/Applicants; Whereas, the applicant for the above-referenced project has proposed to dedicate to the Town of Ithaca the public utilities (water& sewer) as shown on the plans titled "xxxxxxxxxxxxxxxxxxxxxxxxx, prepared by T.G. Miller, P.C. Engineers and Surveyors, and associated easement(s), and Whereas, the Town Engineer has reviewed the plans for the above-referenced improvements proposed for dedication to the Town, and have found them generally acceptable and recommended them to the Town Board for consideration, now therefore be it Resolved, that the Town of Ithaca Town Board hereby accepts the concept and locations of the above-described improvements. Moved: Seconded: Vote: Ayes — PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: DECEMBER 20, 2019 RE: DEER MANAGEMENT PROGRAM - AUTHORIZATION TO SUBMIT DEER DAMAGE PERMIT APPLICATION Please find attached material related to the authorization to submit a new Deer Damage Permit (DDP) application to NYS Department of Environmental Conservation (NYSDEC). As you know, in February 2019 the Town Board established the Town of Ithaca's Deer Management Program, made the SEAR determination, and authorized the first DDP application. The program ran from approximately February 15th to April 15th on three properties. While the NYSDEC issued the Town 40 tags for the program and the trail cameras we had at each bait site showed lots of deer activity, only one deer was harvested. Unfortunately, the participants (hunters) on two of the properties never went out. Prior to the start of the program last year, a letter was sent to all the landowners that were adjacent to the three properties being used. This letter let neighbors know about the deer program and that one of the sites is adjacent to their property. The letter also asked if the landowner would provide approval to retrieve deer off their property if necessary. We sent out approximately 48 letters and received 16 responses (14 by email and 2 phone calls). Attached is a copy of all the responses that were received. The new DDP application is requesting to start implementing the program on approximately 5 properties on February 1, 2020 and continue through March 3151. Listed below are the various documents that are attached which provide additional details about the program and DDP application. Attached: • Draft resolution to authorize a new DDP application • "Town of Ithaca - Deer Management Program Proposal" (detailed description of how the program will operate) • NYSDEC Deer Damage Permit application form • Attachment to the DDP: "Justification for use of Deer Damage Permits" • "NYSDEC Deer Damage Permit Application — Parcels where Activities will Occur" Map • Email responses from letter sent to all adjacent landowners MEETING OF THE ITHACA TOWN BOARD Monday, December 30, 2019 TB Resolution 2019 - : Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation Whereas, in May 2017, the Town of Ithaca Conservation Board presented a report(titled"Deer Management: Recommended Actions for the Town of Ithaca")to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas, this report outlined the history and justification of deer management(health and human safety, ecological, agricultural losses, car-deer collisions, NYSDEC Deer Management Focus Area),provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub- committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas, in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018; and Whereas, the Deer Management Committee held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions,has, on February 11, 2019 , made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in February 2019 and conducted the program on three properties, resulting in the harvesting of one deer; Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to file a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2020, including any associated future documents, forms or reports. Moved: Seconded: Vote: December 17,2019 Town of Ithaca Deer Management Program Proposal February 1— March 31, 2020 Deer Management Program Approved by the Town of Ithaca Town Board on February 11, 2019 Ithaca Town Board Resolution No. 2019-021 Authorization to apply for DDP for 2020 by the Town of Ithaca Town Board on Ithaca Town Board Resolution No. 2019- In May 2017, the Town of Ithaca Conservation Board presented a report (DDr _IMrn „grri „rpf; Rccommcrnd_ed„A ctiorns for the Town of lltha_ca„),to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca. This report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, NYSDEC Deer Management Focus Area), a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program(form sub-committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to assess effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.). The Ithaca Town Board reviewed and discussed this report and in September 2017, formally established a Deer Management Committee.This Committee met several times in the spring and summer of 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of a deer management program. The public feedback received was very positive regarding deer management in the Town and the Town Board agreed to move forward with establishing a program. The Town received a DDP from NYSDEC in February 2019 to use three properties through mid-April, but only harvested one deer. The Town Board designated $3,000 in the 2020 Town budget for this program. Based on input from the Town's Conservation Board, the Town's former Deer Management Committee, representatives from Cornell University and other local municipal deer management programs, and the new Town Deer Management Oversight Committee, the use of New York State Department of Environmental Conservation (NYSDEC) approved Deer Damage Permits (DDP) — also known as nuisance permits—is recommended to reduce deer numbers. This approach is not considered regular hunting and for the Town of Ithaca program it proposes to use proficient archers (including crossbows) at baited locations as the preferred low cost method. Firearms could also be used at selected sites in the more rural areas of the Town. What follows is believed to be the best approach to significantly reduce the deer population and negative impacts of the high deer level in the Town of Ithaca. It is anticipated that for this second year, five properties will be used. Since several of the properties are very large,there is the potential that more than one bait site could be located on some of those properties. The Town program, once fully implemented, is designed to initially reduce the size of the deer population over the first few years, and then provide stability in population numbers thereafter. It is proposed (pending DEC approval) that implementation of the deer management program will start on February 1, 2020 and continue until March 31, 2020. A map showing the properties where activities will occur will be available at Town Hall and will be posted on the Town of Ithaca's website (hft //vvvvvv„fr rn,ifh�_c2_,rpy„ as O 2J. The Deer Management Oversight Committee will continue to 1 December 17,2019 review properties throughout the Town that are ideal locations given their size, expected deer traffic,and availability of trees and cover for this and future years. The following is detailed information on the Town of Ithaca deer management program. 1. Activities are proposed to occur from February 1, 2020 to March 31, 2020. The Town's Deer Management Oversight Committee will review the success of the program and will reduce or expand activities as needed based on deer harvests and assessment on ecological and other indicators. All landowners will be kept informed about management activities (including who the participants are on their property) in regular updates. 2. Tree stands will be placed (no screw insteps, ladder stands are preferred)at landowner approved locations prior to the start of the program. A few branches may need to be trimmed to improve shooting lanes. Shooting from elevated positions directs arrows/bullets into the ground after passing through a deer. Trail monitoring cameras may be installed to capture deer activity. If needed, locations may need to be shifted slightly or abandoned. Each landowner will be informed about any activities on their properties, as indicated by landowner preferences. 3. The properties the Town has selected to use already have participants available and familiar with the properties. Participants will primarily be using vertical bows or crossbows, but could potentially use a firearm in selected locations in the more rural areas of the Town. The activities are coordinated by Michael Smith, Senior Planner,Town of Ithaca, and he is assisted by members of the Town of Ithaca Deer Management Oversight Committee. 4. Activities will occur as needed to allow for variations in weather conditions, deer movement patterns and participants' availability. There will be the use of supplemental lights after dark that will allow for safe, highly accurate shots at very close range. Several of the participants are experienced in using this approach and any new ones will be trained if they desire to use supplemental light. Deer use patterns at bait will be monitored using infrared trail cameras to target the best possible times to utilize locations. 5. All participants are required to follow all Town rules and laws, NYS laws, and any expressed landowner preferences. It is the right of each landowner,if so desired,to select individuals among approved participants who may be permitted access to their property, the times or dates participants are allowed on properties, stand locations, parking locations, or access routes as desired. The agreement to use properties can be terminated by landowners at any time by notifying the Town of Ithaca Town Clerk (towrnclerk @towrn.ithaca.rn .us). 6. Which days and stands will be used cannot be predicted in advance, as this will depend on individual time schedules, wind direction, weather, and previous use of stand locations. To prevent overuse,the use of resting periods of 1-2 weeks between activity periods will allow deer to fall back into their usual use patterns. Baiting will continue during the resting periods. 7. Participants will be in trees using camouflage and will use flashlights to locate shot deer or to walk in or out of the woods; therefore landowners may notice a slow moving flashlight. If deer can't be readily retrieved due to poor blood trails, approved tracking dogs are available to help in locating the wounded deer. In very rare circumstances,tracking may occur the next morning with better light. Landowners will be alerted to any of these possibilities and will have access to cell phone numbers of participants. 2 December 17,2019 8. Occasionally a mortally wounded deer may run beyond property boundaries. All participants will have information about property boundaries when in the field. This information will include phone numbers of landowners and neighbors who need to be notified if a search extends beyond the approved properties. If necessary, the participant or member of the Deer Management Oversight Committee will call and ask permission to retrieve a deer, unless pre-authorization to retrieve deer from a property exists. An attempt will be made to inform all immediate neighbors on these activities, regardless of whether a deer ever leaves an approved property. 9. Participants will keep track of and report all shots (arrows/bullets) using a secure website (Qualtrics website). Arrows usually pass through deer and fall close to the spot where a deer was hit, but occasionally will remain in the deer. Every effort will be made to retrieve arrows. 10. All shot deer will be removed discretely and not be field dressed on properties, unless previously approved by the landowner. 11. All harvested deer will be consumed by participants, landowners, or donated. As many deer as possible will be dropped off to an approved venison donation processor for distribution to local food banks and pantries for families that can benefit from the meat. 12. In most instances, landowners and neighbors will not notice activities or the killing of a deer,since it happens fast. However,despite all precautions and skills,deer may be wounded, may not expire immediately, collapse on neighboring properties or may not be found. Every effort will be made (including the possible use of a trained dog)to recover all animals. 13. The Town Deer Management Oversight Committee will review activities and success in regular intervals and determine if activities should continue or be terminated based on activities and number of deer harvested. 14. The Deer Management Oversight Committee will provide regular updates to the Town Board, including the number of deer harvested, which will also be posted on the Town's website 15. The goal of the program is to reduce deer numbers to levels where forest regeneration and survival of browse sensitive plants within the Town of Ithaca is once again possible. In addition, the program seeks to reduce deer tick populations to levels where Lyme disease risks are minimized, reduce vehicle collusions with deer, and reduce agricultural crop damage. With assistance from the Town of Ithaca Conservation Board,the ecological success of deer reductions in the Town may be assessed using oak sentinels or other methods. 16. Given the high deer densities and the articulated ecological and health goals, the program will aim to target both antlered and antlerless deer. This requires approval by the NYSDEC. Participants shooting bucks will be required to saw off antlers and antlers will be delivered to the NYSDEC by the Town. 3 December 17,2019 Town of Ithaca Contacts: William Goodman,Town Supervisor Email: . . . . . .!!. ..rn... .. .rp..:.!..?. .. ..:..r?..Y.:..!.. Office Phone: 607-273-1721 Cell Phone: 607-229-8142 Michael Smith, Senior Planner Email: !~�:.s.! :.!..�?..<�.�r�. .rp..:..!.�.h.a.�F2..:..rn.�.:..�!.�. Office Phone: 607-273-1747(ext. 123) 4 apart east of New York State Department of Environmental Conservation STAGE OF PPORTUNITY Environmental. Division of Fish and Wildlife Conservation Bureau of Wildlife DEER DAMAGE PERMIT APPLICATION Reg.Year Rec. Number Regional Wildlife Office: Cortland-Region 7 Landowner/Lessee/Organization Representative Name: Organization/Business Name(if applicable): Rod Howe, Town Supervisor Town of Ithaca Street Address: Daytime Phone: 215 North Tioga Street 607-273-1721 City/State/Zip: E-mail address: Ithaca, NY 14850 rhowe@town.ithaca.ny.us Location Where Damage Is Occurring: County: Tompkins Town: Ithaca Village/City(if applicable): N/A WMU:718S"" Physical address/location:various-please see attached map for parcels where activities will occur Type Of Damage Occurring (check all that apply): ❑ Agriculture ❑ Tree Farm/Orchard/Nursery ❑ Community/Residential Park/Preserve Other: damage occuring Town-wide Estimated Annual Damages: $ unknown #of Acres Affected: 19,370 Description of Most Significant Damage: see attached Damage Abatement Methods Tried (check all that apply): 9 Fence Repellent ❑Visual or Auditory Scare Device ❑Alternate Plantings Dog ❑Non-lethal Shot ❑Other Do you allow deer hunting on this property? ❑ Yes ❑ No If no, why not? hunting is permitted throughout the Town Do you use DMAP on this property? ❑ Yes ❑ No If no, why not? some landowners may be using DMAP in the Town Approximately how many deer were taken on this property last year? 163 in Ithaca 2 years ago? 135 in Ithaca 3 years ago? 157 in Ithaca Permit Implementation: Principal Proposed Permit Agent(if other than applicant): Street Address: Michael Smith, Senior Planner 215 North Tioga Street Daytime Phone: City/State/Zip: 607-273-1747 / msmith@town.ithaca.ny.us Ithaca, NY 14850 Tax Map ID#s for all parcels where permit activities will occur(or attach map identifying parcels):please see attached map for parcels where activities will occur Will shooting occur within 500' (firearm), 250' (crossbow) or 150' (vertical bow) of homes other than yours? ❑ Yes 8 No If yes, do you have permission from the owners of those homes? ❑ Yes ❑ No APPLICANT AGREEMENT/CERTIFICATION I affirm by the signature below, under penalty of perjury,that the information in this application is true to the best of my knowledge and belief. I am aware that false statements made herein are punishable as Class A misdemeanors under Penal Law 210.45. 1 further understand that,upon filing of this application with the New York State Department of Environmental Conservation(DEC),DEC has the right to inspect any property listed on this application at any time up until the permit expiration date in order to confirm the information provided. Any findings of false statements may lead to immediate permit revocation.1 have read and fully understand the permit conditions and agree to abide by them. Applicant signature: Date: -------------------------------------------------------------*NYS DEC USE ONLY*------------------------------------------------------------------- Actions Taken: 0 Information and education 0 Field visit 0 Recommended DMPs/DMAP 0 DDP issued 0 Repeat Complaint 0 Applicant failed to comply with previous DDP conditions: 0 Enforcement action taken: Field Inspector: Date: Notes: Application Reviewer: Date: Notes: December 17,2019 Town of Ithaca Deer Management Program Justification for use of Deer Damage Permits February 1— March 31, 2020 In May 2017, the Town of Ithaca Conservation Board presented a report ("Deer Management: Recommended Actions for the Town of Ithaca") to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca. This report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, NYSDEC Deer Management Focus Area), a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program(form sub-committee, utilize NYSDEC Deer Damage Permits (DDP)for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.).The Ithaca Town Board reviewed and discussed this report and in September 2017, established a Deer Management Committee. This Committee met several times in the spring and summer of 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of a deer management program. The public feedback received was very positive regarding deer management in the Town and the Town Board agreed to move forward with establishing a program. The Town received a DDP from NYSDEC in February 2019 to use three properties through mid-April, but only harvested one deer. The Town Board designated $3,000 in the 2020 Town budget for this program. The Town of Ithaca is proposing to continue to address the overpopulation of deer by using a culling program. The Town program would use proficient volunteer archers(firearms could also be used at select sites in the rural areas of the Town) at baited locations. Locations for the baited sites will be scattered throughout the Town, and could include residential properties, cemeteries, and in natural areas. The Town has obtained interest from five landowners to host bait locations on their property for this second year of the program. Since several of the properties are very large, there is the potential that more than one bait site could be located on some of those properties. The proposed Town program, once fully implemented, is designed to initially reduce the size of the deer population over the first few years, and then provide stability in population numbers thereafter. Detailed information about the proposed program can be found in the attached document titled "Town of Ithaca - Deer Management Program Proposal" (dated December 17, 2019). The existing overpopulation of deer in the Town are creating a significant ecological impact (deer forage of native vegetation, little forest regeneration), health and human safety issues (ticks / Lyme disease), ornamental landscape damage,and vehicle/deer collisions(see attached map showing"Vehicle Collisions with Deer") as further described below. • Ecological Impact— Deer suppress not only the perennial herbaceous layer of the forest through grazing the understory, they also alter the succession trajectories of forests via browsing. Native plants, including tree species, are disappearing from the Town landscape only to be replaced by unpalatable non-native and invasive plants. In a series of 2017 ecological assessments for the Town of Ithaca parks and preserves, Newleaf Environmental LLC consistently documented that tree regeneration is very low (less than 100 seedlings per acre) with heavy deer pressure and competition from invasive shrubs impeding young tree growth. The photo below is from the 1 December 17,2019 Finger Lakes Land Trust's Sweedler Preserve at Lick Brook (located in the Town of Ithaca on Townline Rd) taken in 2017 of a deer exclosure they have been maintaining for several years. J J It is anticipated that in 2020 members of the Town of Ithaca Conservation Board will start monitoring deer impacts in several Town parks and preserves using the "Monitoring White-tailed Deer Impacts: The Ten-tallest Method" (htt s.. flrn s.or sites default files rnewsletters Tern f:allesf�20Methr�c���2011lrnstructiorns��2.02.01i .p f). In 2019 the City of Ithaca Forestry staff set up ....... ...... . . ...... .. ......... ......... ........... five plots with red oak seedlings to gather baseline data on City owned properties. The initial data show that seedling survival was very low as a result of deer browsing. • Health and Human Safety Issues— Deer serve as the primary host for the adult blacklegged tick, the vector for Lyme disease. In a pivotal Connecticut study, the rates of Lyme disease in a community were tracked over 13 years in conjunction with the implementation of a deer management program. There was a strong correlation between deer population reduction and decreased incidence of the disease. In Tompkins County, the incidence of Lyme disease has increased by 50% since 2011. The Town of Ithaca has posted signs at the entrances to most the Town parks and trails as a warning about the possibility that ticks are present and how to avoid them. • Ornamental Landscape Damage — In the residential and higher density areas of the Town, the overpopulation of deer are negatively impacting the ornamental landscapes and gardens at residences, business, college campuses and cemeteries. The deer are causing damage by heavy browsing and rubbing their antlers on ornamentals throughout the year. Since there is limited opportunity for regular hunting in these high density areas, there are limited options to eliminating deer in these areas. Some private landowners have installed fencing or used repellents, but that is only helpful for those individual properties. • Vehicle / Deer Collisions—According to data obtained from the Ithaca Tompkins Transportation Council (crash data from NYSDOT Accident Location Information System) for the years 2012 through 2016,439 accidents involved deer in the Town of Ithaca. This database utilizes all crashes reported to the Department of Motor Vehicles. The attached map, "Vehicle Collisions with Deer 2 December 17,2019 —2012—2016",shows the approximate location of any accidents that involved deer and is broken down by each year. While some deer hunting is occurring in the rural and agricultural areas of the Town and there is the Tompkins County Deer Management Focus Area hunting available throughout the Town in January, the issues above are still occurring. Deer management efforts by adjacent municipalities (Villages of Lansing and Cayuga Heights) and Cornell University have made some gains towards their goals, but the addition of a similar program in the Town would enhance their efforts. We respectfully request approval of the Town of Ithaca's DDP application, starting as early as possible after February 1, 2020 and continuing to March 31, 2020. We request the ability to take deer of either sex (with any antlers delivered to the NYSDEC every 10 days), using archery, crossbows or firearms, with shooting over bait during a 24 hour period. The specific parcels where activity will occur are shown on the attached map("NYSDEC Deer Damage Permit Application—Parcels where Activities will Occur", dated December 11, 2019). The Town has established a Deer Management Oversight Committee to help implement this program. Attached: - "NYSDEC Deer Damage Permit Application—Parcels where Activities will Occur" Map (December 11, 2019) - "Town of Ithaca—Deer Management Program Proposal" (December 17, 2019) - "Vehicle Collisions with Deer 2012—2016" Map (February 2018) - "Deer Management: Recommended Actions for the Town of Ithaca"Town of Ithaca Conservation Board (May 2017) 3 Town of Ithaca—Deer Management Program Email responses from letter sent to all adjacent landowners—February/March 2019 Tax Parcel No. 16.-2-5- Lake View Cemetery(8 letters sent) 909 Wyckoff Road: You have our permission to enter our property to remove a wounded deer, should the situation warrant it. 208 Kline Road: I could not discern the methods being used;we're on the boundary of a culling area. Is it safe for our dog to be in that area?We just returned to find this notice in our collected mail. Tax Parcel No.28.-1-20.2—YMCA (11 letters sent) 1407 Mecklenburg Road: Chuck is the hunter who manages our property and we often track with him. No problem and no need to mail a paper copy of the letter. Cornell Botanic Gardens: You have my authorization to allow the Town's DDP participants on the YMCA Camp to enter the Cornell Botanic Garden's Coy Glen Natural Area, if necessary to track and/or retrieve a deer shot during the program's operations, through this year's permit authorized dates. If a participant does end up needing to do so, please have them notify me within 24 hours so we are made aware. Thank you. 1381 Mecklenburg Road: I received the Town of Ithaca letter yesterday about culling deer on a property next to mine at 1381 Mecklenburg Road. I am completely in agreement with deer management (including culling) and write to give my permission for you to retrieve wounded or dying deer on my property when or if that happens. 1345 Mecklenburg Road: I got your letter regarding deer management in the Town which I think is appropriate. I was wondering,what adjacent property to us would have culling. I think it must be across route 79, since I believe that eco-village is south of us, the YMCA Camp to the west and a house(s) to the east. Our address is 1345 Mecklenburg Road. 1367 Mecklenburg Road: (phone call) Yes—can retrieve deer from her property. Tax Parcel No.28.-2-6.302—Rancich Family Ltd Partnership (29 letters sent) 177 Westhaven Road: I grant approval to remove any deer from my property. 424 Richard Place:We received today a letter from the Town of Ithaca announcing the town's deer culling program. Please feel free to enter our property as necessary to remove wounded or dead deer. We are on the City/Town line on West Hill between Rt. 79 and Elm Street Extension.The letter was unclear as to how the culling will be carried out. Is this to be a mini hunting season, allowing licensed hunters to participate, or is the town hiring hunters to carry out the program? 1209 Mecklenburg Road: Received the letter about deer culling near my property at 1209 Mecklenburg road. I do give permission to retrieve a wounded or expired deer from my property if that becomes necessary. 520 Warren Place:Thank you for putting this program together. Our family has had two car/deer accidents with a combined cost of over$5,000 to repair in the West Hill neighborhood. In addition, one 1 serious Lyme disease case. We support this effort and deer can be taken off the property should they wander onto it. Please let us know when the program begins on the property adjacent to ours. In addition, each day, if possible. Can we expect to hear gunshots? Or is the culling being done via a silent method? (Second Email:Thank you Mike. Happy Hunting. We have deer groups up to 20 at a time crossing down from the town land above our property down into the city limits on a regular basis. Let us know if you need an organized deer drive up from the city!) 1295 Mecklenburg Road: I received the notice regarding a deer management program. I wish that the DEC and the town could have contacted hunters w licenses to assist with this "culling" process. For instance, there exists a Venison Donation Network that receives deer meat to butcher and give to families who have no food.This year my boyfriend did not get a deer during hunting season, and we depend on that meat. I wish there was published information about the "so called" number of deer in the Town of Ithaca. I would like to see the number of deer that exist in the 3 selected areas. 1215 Mecklenburg Road: If a deer were to expire on my property as a result of deer culling, you have my approval to enter my property to remove it. 153 Westhaven Road:The deer management program that has been adopted has merit. Having lived on West Hill for more than 60 yrs I have been witness to the effects of a growing deer population and have been repeatedly disappointed by their ability to destroy gardens, landscaping and tree regeneration. I live on 35 acres next to the Rancich property on the south and run regularly through the YMCA property so I know the area well. I' d like to make a few comments. First we not only have a deer problem but also a coyote problem. They are seen regularly close to the house and are a threat to pets.There recent success may parallel the deer population rise and their numbers in the long run may go down if the deer population goes down. However in the short term allowing any field dressing of deer in the property next to mine will draw more coyotes into the area and allow for more breeding success. So I would ask that no field dressing of animals be allowed even with the land owners consent.The major landowners on West Hill,John Rancich, and the YMCA don't live near the proposed hunt areas. It would help the problem further if the hunters also were allowed to shoot coyotes who they will see regularly at night at the bait sites. Second although I don't hunt deer myself I allow hunting on my property.These hunters take both antlered and antlerless deer as permitted. Of course they like to take the big bucks.To that end they often pass on medium size bucks to give them some time to mature. Since this program is to control the population taking does would be most efficient.Taking smaller bucks with more lifespan would also be preferable to older bucks. To encourage in season hunting, leaving the big bucks for the regular hunters would increase participation and help manage the population. A third observation is that you seemed to have concentrated your hunting in one very small area of the town. My paranoia that West Hill is often seen as the dumping ground for unpopular projects like this, think(low income/sex offender/excon/drug selling housing). You should give the rest of the town a chance to contribute to the greater good. 338 Richard Place: I'm writing in response to your March 4 letter about deer culling on West Hill. I realize this may be too late, but you have my permission to enter my property, 338 Richard PI, Ithaca, NY 14850, to retrieve a deer.Thank you for asking and for addressing this problem. 506 Warren Place: (phone call) Owner ok with retrieving deer from his property. 2 Ilf Ilf° Ilf � Ilf Ilf° Ilf � NYSDEC Deer Damage Permit Application Parcels where Activities will Occur - 2020 Town of Ithaca December 11 , 2019 r�l'� ,11) ��,✓, ,l /r� ( I '�j li '�` r/ii r�/���y�ji/�l%rrr%�NN ur�rNT QOSK�.�1�J11�U��/���f / ;rml�(rli rf%�� fir, I `frrrf I�,�"l1 �wrli „�f����/f�ylrf/Gj�'�rti/j�r��� r���✓�y 1, 1;�, ✓ I°`- r /f,/Jr/�r�/�yJ�� � 1. /' '✓/, 0 '� ylI 1 +br��i��iP�@��'(�CIp r�fl��r rr.y �r7/ r � r I vrT yrr- r � ���rf ���/�rr✓ ��� ilyiy �� ,r '/ ),;,9G������✓���ir A(G� J r �rr�fia i kk J r�r- ,i; (f Ir/i✓i// / r/ Il r rfU'�'rr I 9 A r f r �tir � f ! ,; ��rf 9 r✓ rri/// �/J1��9�Uf �Ur�bly/r�1r���f���,041�j��1� /`;� 1� I,r � F� ��i" r 1r( n�okie�n��y rza r �r>7'/i i/ri, /!Jr��ryG�,�r'f1 1� JI �rr/i��j�rllu i��h�ilrv�rrsJ"y� kl °didn �" 1 5% � '/ /l��rra�k PI,'L✓��rrr,�'r'r(d��4i�� r��7r� � U / + r rr �j�f�,rr /,i ,f� � '/'G r/�, /'rr�4�/!r/r ✓i iN17�lIr v�/ l/r r ni1�l%a rl r ��j� I�� 1�!. /�1/�(�1/'`ftfl'NGr/�jj��r��ourlAyifi�arr r �rl ✓ lly �� ��"y'' li 61iISl �Ir rJe l,r��%�Il�rrrf�r'�!uLrull rrrl�rr/tr�,k� �/airlFr, t" l 1, �l�/i lir�i�,l)il/��rj ,/r�r 1,r{� i�(/�/1i�e(ur r��U..�r,����✓��i�fi�r�i����i%"��/��F�y1 u � SII' �'Jll.�f ��1F��6/'�/ ryi/t/JI�gIAG J��UN�h/11��1�r�"i� a�ffu � l� Yru t71i r �/,fir r rir'7J e� 1�'E/1'Yr �%%��� �iJ�✓l+f�'U � 'rr �ria)/�� �l � i�' >� �rsHtlu��,Rtl r au1 1 �r irri rr%rN'r r r r/ /%/�irl r d �r ��f G%i✓%✓�'f�UV�� ry K�%I r j/jrTiiir�r/✓� i �o�yMir fu'PI day' '3 l r 4 55:'1-1 r �r/� King RtlE r �a Enfeltl a0 R 5 I /r„�r 1. '„a/ "�r,r rrlG'�.1,.,�IJJlllJldrr�/ �y�i� „����cru r?fj J I i” r r �/ ,fi✓PJf� �/�r"... „�,e.,f fil,,y+%';rri GI/,✓/%�r�f�/,,,r, l�e,, ;�;, ,, WII�� ;//����/�%!i I '//l'�fll �i t ;,;i�jl/�//1 i /, rc„/, ter; r !U�o u-,r,,.y/IS/I✓f/r9 � .r 'e>l G>� it ....,, � � �. ?�7rGi, � � l � � �„ r r/ Jr N Miles E 0 0.5 1 2 S ,rrrrrrrrr„ Deer Management Area Boundary(+/- 1.5 Miles from the City Boundary) PRI NTKEY OWNERS LOCADDR ACRES 16.-2-5 Lake View Cemetery 605 EAST SHORE DR 15.59 28.-1-20.2 YMCA 1349 MECKLENBURG RD 103.2 28.-2-6.302 Rancich Family Ltd Partnership MECKLENBURG RD 70.11 31.-1-3.12 Bin&Scott D'Vileskis 144 COY GLEN RD 38 55.-1-1 City of tthaca CODDINGTON RD/JUNIPE 755.210 Map Prepared by Town of Ithaca Planning Department Data from Tompkins County GIS Division and Town of Ithaca Planning Department Aerial Image Taken Spring 2018 YEAR END MEETING OF THE ITHACA TOWN BOARD Monday, December 30, 2019 TB Resolution 2019-000: Appointment of Zoning Board of Appeals Members Whereas there is a vacancy on the ZBA for the full five year term January 1, 2020 through December 31, 2024; and Whereas, Alternates David Squires and David Filiberto would like to be considered for the full membership or be reappointed as an Alternate; and Whereas the interview committee interviewed four new candidates and recommends David Squires as a regular member for the term ending December 31, 2024, and David Filiberto and David Williams as Alternate Members for 2020; now, therefore, be it Resolved appoints David Squires as a Regular Member for a five year term ending December 31, 2024, reappoints David Filiberto as Alternate member for the year 2020 and appoints David Williams of 212 Tudor Road as an Alternate member for the year 2020. Moved: Seconded: Vote: Ayes — TB Resolution 2020-000: Appointment of Planning Board Members Whereas, Joseph Haefeli has indicated he would not like to be reappointed as a Regular Member, since his term is ending December 31, 2019, which leaves a full seven year term vacant; and Whereas, there are three additional open positions on the Planning Board with one term ending December 31, 2020 and one term ending December 31, 2022 and the 2020 Alternate position; and Whereas the interview committee interviewed six candidates for the open positions and recommends appointing Christopher Biehn, 113 Larisa Lane, as a regular member for the full seven year term ending December 31, 2026, Gregory Lindquist, 166 Whitetail Drive, as a regular member completing a term ending December 31, 2022, Michael (Mick) LoPinto, 531 Elm Street, as a regular member completing a term ending December 31, 2020 and Ariel Casper, 429 Bostwick Road, as the Alternate member for 2020; now, therefore, be it Resolved that the Town Board of the Town of Ithaca does hereby appoint Christopher Biehn as a regular member for the full seven year term ending December 31, 2026, Gregory Lindquist as a regular member completing a term ending December 31, 2022, Michael LoPinto as a regular member completing a term ending December 31, 2020 and recommends Ariel Casper as the Alternate member for 2020. Moved: Seconded: Vote: Ayes — TB Resolution 2020-000: Appointment of Planning Board Chair and Zoning Board of Appeals Chair Whereas the Planning Board members have recommended that Liebe Meir Swain be appointed as Chair for the year ending December 31, 2020, and Whereas the Zoning Board of Appeals members have recommended that Rob Rosen be reappointed as Chair for the year ending December 31, 2020, now, therefore, be it Resolved that the Town Board of the Town of Ithaca does hereby appoint Liebe Meir Swain as Chair of the Planning Board for the year 2020; and be it further Resolved that the Town Board of the Town of Ithaca hereby reappoints Rob Rosen as Chair of the Zoning Board of Appeals for the year 2020. Moved: Seconded: Vote: Ayes —