HomeMy WebLinkAboutTB Minutes 2019-12-30Year End Meeting of the Ithaca Town Board
Monday, December 30, 2019
11:30 a.m.
Minutes
Board Members Present: Bill Goodman, Supervisor; Members Pamela Bleiwas, Pat Leary,
Tee -Ann Hunter, Eric Levine, Rod Howe and Rich DePaolo
Staff Present: Marry Mosely, Director of Code Enforcement; Judy Drake, Director of Human
Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Dan Thaete,
Director of Engineering
Agenda Item 1: Call to order
Mr. Goodman opened the meeting at 11:30 a.m. and noted that this would be his last as Town
Supervisor. He thanked the members and staff for their help over the past four years.
Agenda Item 2: Public Hearing regarding contract with City of Ithaca Fire Department
Mr. Goodman opened the public hearing at 11:31 a.m.; there was no one present wishing to
speak and the hearing was closed.
Mr. Goodman made two friendly amendments to the draft contract as presented that were not
substantive.
Mr. DePaolo asked about the proposed waiving of the volunteer requirement for planned
permanent positions and discussion followed.
Members discussed the issues with getting volunteers both here and county -wide and Mr.
Goodman noted that if the Fire Department wanted to add more than the four proposed, the
Town would again have a chance to weigh in and approve the need and participation in the
funding of any new hires.
TB Resolution 2019 - 184: Approval of, and authorization 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 speaking on the
subject were heard, and
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Whereas, the proposed fire contract with the City of Ithaca is for the provision of fire protection
services and emergency services for the Town except for the Village of Cayuga Heights pursuant
to Town Law § 184 with the following substantive changes:
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 payments are projected 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: Pamela Bleiwas Seconded: Rod Howe
Vote: ayes — Bleiwas, Howe, Hunter, Leary, Levine, DePaolo and Goodman
Agenda Item 3: Discuss and consider authorization and cost sharing for the purchase of a
fire truck by the Village of Cayuga Heights Fire Department
No discussion.
TB Resolution 2019 — 185: Approval for the Purchase of a Fire Ladder Truck by the
Village of Cayu2a 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
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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 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 Town Board approves and authorizes any necessary budget amendments to
meet this contribution.
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: ayes — Bleiwas, Levine, Leary, Hunter, Goodman, DePaolo and Howe
Agenda Item 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
Mr. Goodman reported from the SJC, saying that there was only one bid for the work, and it was
much higher than estimated.
Discussion followed on recent engineering estimates, possible explanations and possible ways to get
bid notices out more broadly.
TB Resolution 2019 — 186: 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: Bill Goodman, Supervisor; Council Members Pat Leary, Eric Levine, Rich DePaolo,
Tee -Ann Hunter, Rod Howe and Pamela Bleiwas
Moved: Bill Goodman Seconded: Rod Howe
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
TB 2019-12-30 Pg. 3
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;
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 on the 131h day of January, 2020, at 5:30 o'clock P.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.
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The question of the adoption of the foregoing Order was duly put to a vote on roll call,
which resulted as follows; Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Rich DePaolo,
aye; Tee -Ann Hunter, aye; Rod Howe, aye and Pamela Bleiwas, aye.
The Order was thereupon declared duly adopted.
Agenda Item 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
Mr. Thaete reported on the previous bid results and the need for this project, as there have been
recent issues with the infrastructure in that area.
TB Resolution 2019 — 187: 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: Bill Goodman, Supervisor; Council Members Pat Leary, Eric Levine, Rich DePaolo,
Tee -Ann Hunter, Rod Howe and Pamela Bleiwas
Moved: Bill Goodman Seconded: Rod Howe
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;
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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 13th day of January, 2020, at 5:30 o'clock P.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; Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Rich DePaolo,
aye; Tee -Ann Hunter, aye; Rod Howe, aye and Pamela Bleiwas, aye.
The Order was thereupon declared duly adopted.
Agenda Item 6: Discuss and consider approval of concept and location for water and sewer
infrastructure — Alex Way subdivision
Mr. Thaete explained the project. There were no questions from the Board.
TB Resolution 2019 - 188: Acceptance of the Concent 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;
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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 Sheet C103, Utility and
Grading Plan, dated July 30, 2019, Revision 1, dated November 11, 2019, 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: Rod Howe Seconded: Tee -Ann Hunter
Vote: ayes — Howe, Hunter, Leary, Levine, Goodman, Bleiwas and DePaolo
Agenda Item 7: Discuss and consider approval of application and submission of a Deer
Management DEC Nuisance Permit
Mr. Goodman gave an overview saying this is for a longer period and starting earlier as well as
three additional sites from last year. He added that the City wanted to get involved by adding
two of the new sites near Six Mile Creek.
Mr. DePaolo had questions about whether firearms are going to be used in the rural locations and
where might that be?
Mr. Goodman responded that he thought the plan was just for archery, but Mr. DePaolo said the
application says "we have the ability" to use firearms. Mr. Goodman said in speaking with Mr.
Smith, for the general program firearms might be available but the plan is just archery.
Mr. Goodman added that this is another trial run to see if the time expansion helps with hunter
participation.
TB Resolution 2019 - 189: 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
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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: Bill Goodman Seconded: Eric Levine
Vote: ayes — Goodman, Levine, Leary, Hunter, Howe and Bleiwas nay — DePaolo
Agenda Item 8: Discuss and consider appointments to the Planning Board and Zoning
Board of Appeals
Mr. Goodman noted that there are four new members for the Planning Board and Mr. Wilcox is
stepping down as Chair.
TB Resolution 2019-190: 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
TB 2019-12-30 Pg. 8
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, that the Town Board hereby 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: Eric Levine Seconded: Rod Howe
Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas
TB Resolution 2020-191: 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 hereby appoints 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: Eric Levine Seconded: Rich DePaolo
Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas
TB Resolution 2020-192: 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
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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: Eric Levine Seconded: Rich DePaolo
Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas
Agenda Item 9: Town of Ithaca Abstract
TB Resolution 2019 -193: Town of Ithaca Abstract No. 24 for FY -2019
Whereas the following numbered vouchers have been presented to the Ithaca Town Board for
approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in
total for the amounts indicated.
VOUCHER NOS. 1616- 1739
General Fund Town Wide
161,972.95
General Fund Part -Town
90,200.04
Highway Fund Town Wide DA
12,024.19
Highway Fund Part Town DB
354,107.60
Water Fund
691,141.47
Sewer Fund
22,262.82
State Route 96b Sidewalk — H7
11,192.39
Risk Retention Fund
305.50
Fire Protection Fund
266,000.00
Forest Home Lighting District
215.32
Glenside Lighting District
80.60
Renwick Heights Lighting District
101.23
Eastwood Commons Lighting District
202.85
Clover Lane Lighting District
23.93
Winner's Circle Lighting District
73.76
Burleigh Drive Lighting District
81.85
West Haven Road Lighting District
259.83
Coddin ton Road Lighting District
153.90
TOTAL
1,610,400.23
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Moved: Tee -Ann Hunter Seconded: Pamela Bleiwas
Vote: ayes — Hunter, Bleiwas, Goodman, DePaolo, Leary, Levine and Howe
Added Item: Resolution of Appreciation for Supervisor Goodman
TB Resolution 2019-194: Recognition of Town Supervisor William Goodman's Dedicated
Years of Service to the Town
Whereas, Bill Goodman started his service as Town Supervisor on January 1, 2016; and
Whereas, before becoming Supervisor, Bill was elected to and served two terms on the Town
Board, from 2007 through 2015, the last term of which he also served as Deputy Supervisor; and
Whereas, Bill's tireless networking with other government entities, educational institutions, and
organizations has enhanced intermunicipal cooperation and informed town policymaking; and
Whereas, Bill's collaborative, thoughtful, and creative problem -solving management style has
effectively utilized the talents of professional staff, improved employee morale, enhanced the
working relationships of Town Board members and committees, and promoted more open,
productive interaction with residents; and
Whereas, Bill's leadership advanced major town initiatives, including: developing form -based
zoning to implement the Comprehensive Plan; reducing the town's carbon footprint; moving
forward on deer management; creating fiscally responsible budgets, fair labor agreements, and
succession planning; promoting economic development; expanding the town's sidewalk
infrastructure; overseeing the town's involvement in the Maplewood housing construction and
ensuring adequate compensation for the project's costs to the town; and crafting short-term rental
legislation to preserve and better utilize the town's housing stock while protecting neighborhood
character; and
Whereas, the Town of Ithaca has greatly benefited from Bill's devotion and desire to serve our
community in order to make it a better place for us all to live; and
Whereas, Bill has chosen to continue to provide the town with the benefit of his experience, legal
expertise, and balanced perspective by continuing to serve as a Town Board member and Deputy
Supervisor even after he completes his term as Supervisor on December 31, 2019; now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca, on behalf of the Town and all its citizens,
expresses its sincere appreciation, admiration, and gratitude to Bill Goodman for his
distinguished and dedicated service to our community.
Moved: Rod Howe Seconded: Eric Levine
Vote: ayes — Howe, Levine, Leary, DePaolo, Hunter and Bleiwas
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Abstained — Goodman
Agenda Item 10: Swearing in of 2020 Elected Officials
Ms. Rosa held the swearing in ceremony.
Adjourn
Meeting was adjourned upon a motion and a second, unanimous.
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