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HomeMy WebLinkAboutTB Minutes 2020-08-24 MEETING OF THE ITHACA TOWN BOARD Monday, August 24, 2020 at4:30 p.m. MINUTES Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill Goodman, Tee-Ann Hunter, Pat Leary and Pamela Bleiwas Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; Paulette Rosa,Town Clerk; Donna Shaw, Finance; Joe Slater, Director of Public Works and Dan Thaete, Director of Engineering 1.Call to order Mr. Howe called the meeting to order at 4:30p.m. (Meeting held via ZOOM per Executive Order extensions COVID-19) 2.Public hearing regarding the proposedacquisition of real property viaapermanent easementfor park land associated with the Coddington Road Community Center Mr. Howe opened the public hearing at 4:31p.m. Julie Tenney addressed the Board saying that she is the former President of the CRCC Board and she is very happy to hear this is moving forwardandadded that she grew up on Coddington Rd and lives nearby now and passes the Center every day and very excited that they are able to expand and bring more services to the community. She thanked Heather and the Town for their efforts. Jeanette McCord addressed the Board saying that she lives close to the Center and she also is a former Board member of the Center. She is excited withthe expansion plans and fully supports the plans. Mr. Howeclosed the public hearing at 4:34 p.m. Mr. Howe noted that the draft resolution shows that we are in a permissive referendum period on this action and assuming that we do not get a petition against the action, this authorizes the Town Board to accept the replacement easement and authorizes the Town Supervisor to execute any documents necessary. Mr. Goodman reported that Tompkins County Assessment verified that the value of the two parcels are comparable, also, TG Miller has drafted the legal descriptions for the documents neededto execute the exchange. TB 2020-08-24 Pg. 1 TB Resolution 2020111:Authorization and approval ofthe acceptance of an easement from Coddington Road Community Center for Parkland Purposesand authorizing the Supervisor to execute documents Whereas, an easement situated on lands owned by the Coddington Road Community Center, Inc. (CRCC) was acquiredby the Town in 1986 and expanded in 2008, and served as, and was designated for, park and recreation purposes, and Whereas, after negotiations with the Town in 2018 over their desire to expand the childcare facility into the easement lands,CRCC agreed to offer the Town a replacement easement of similar size on another portion of their property,and Whereas, in the summer of 2019 the Town obtained permission from the New York State Legislature and Governor (Assembly A8235& Senate S6441) to alienate theexisting parkland easement and replace it with an easement located on another portion of the property;and Whereas the Town Board of the Town ofIthaca adopted TB Resolution 2020-107b extinguishing and releasing saidcurrent easement, subject to aPermissive Referendumperiodwhich expires on September 18, 2020, and Whereas the Town Board held a duly advertised public hearing on the acceptance of the easement on August 24, 2020 where the public was able to comment on the acquisition of real property; now therefore be it Resolved, that, contingent upontheexpiration of the permissivereferendumperiod and receipt of an affidavit of no petitionsreceived and thesatisfaction of all requirements in the adopted alienation legislation,theIthacaTown Boardhereby approves the acceptance of the replacement easement for park and recreation purposesand authorizes the Town Supervisor to execute the documents deemed necessary by,and approved by, the Attorneyfor the Town. Moved:Bill Goodman Seconded:Tee-Ann Hunter Vote: ayes Goodman, Howe, Hunter, Leary, Levine, Bleiwas and DePaolo 3.Consider setting a public hearing regarding a proposed local lawentitled Comprehensivelyrevising Town otion and Fireadding Dangerous or Unsafe Buildings, Structures and Equipment Provisions to Chapter 125, and Deleting Cha Mr. Goodman gave anoverview as Chair of COC, saying that this is anupdate of our existing Code Chapter 125to conformwith NYS lawand during that process, it was determined that there were some items that wereconflicting or out of date in Chapter 129andthe decision was made to delete Chapter 129 and incorporatecertain pieces of that into Chapter 125 and simply delete Chapter 129. TB 2020-08-24 Pg. 2 Mr. DePaoloasked about the piece regarding food trucks and whether that was in anticipation of allowing food trucksbecause he didnt think it wasin the existing Chapter 125. Mr. Goodman responded that it was not in the existingbut was added to conform with NYS law and provisions. Mr.DePaolosaid his concern is that by adding this, we are essentially allowing food trucks by allowingan operating permit for them,but we dont have any process in place to do that. Mr.Moseley responded that we do have areas that allow food trucks, such as South Hill Business Campus where special events can occur so we would issuethem there now. Mr. Goodman added that the Planning Committee is talkingabout food trucks now. Mr.DePaolosaid his other question was about parking garage assessments whichhe thought were huge,andhe wondered where that came from and why. Mr. Moseley responded that the assessmentscame from a garage collapsing 4-5 years ago down around Binghamton andaSenatorworked to put these laws on the books to require inspections under more scrutiny. Instead of amendingthe NYS Code, they amendedthe provisions which every municipality adopts. We do not have any parking garages, but it is to stay consistent with the NYS model local law suggestions have established. TBResolution 2020-112: Setting apublic hearing regardingaproposed local lawentitled ALocal Law Comprehensivelyrevising Town o Construction and Fire Prevadding Dangerous or Unsafe Buildings, Structures and Equipment Provisions to Chapter 125, a Resolved,that the Town Board of the Town of Ithaca will hold a public hearing beginning at th 5:30p.m.at theTown Hall,215 NorthTioga Street, Ithaca, New York on the 14day of September 2020 and via the ZOOM videoand audio conferencing platform per Governor Cuomos Executive Order(s) and Extension(s) regarding health & safety guidanceassociated with COVID-19and in-person attendance atpublic meetings. The public hearing is forthe consideration of adopting: 1.Aproposed local lawALocal Law Comprehensivelyrevising Town of Ithaca Code aadding Dangerousor Unsafe Buildings, Structures and Equipment Provisions toChapter 125, and Deleting Chapter Atsuch time all persons interested in the proposed local lawwillbe heard concerningthe same. Comments can be emailedtotheTown Clerkbefore the meeting or madevia phone or video/audioduring the meeting using the ZOOM platform. Moved:Bill GoodmanSeconded: Rich DePaolo TB 2020-08-24 Pg. 3 Vote: ayes Goodman,Howe, Hunter, Leary, Levine, Bleiwas and DePaolo 4.Discussrequest for a waiver/reduction in fee for a Temporary Certificate of Occupancy at 104 Grove Place Mr. Mosely gave additional information which was requested at the last meeting. He stated that thecosts to the Town to issue a TCO for this property would be about $400 between Codes and Engineering. The details of those costs are Codes and Engineering anticipating 2 additional inspections from each departmentat about 1.5 hoursincluding staff, travel and administrative time. Mr. Howe asked about other permits in the mix that may want the same and Mr. Moseley said that doesnt seem to be the issue at this time. Mr.DePaolonoted that he did not hear the discussion at the last meeting; it seems they are asking for relief from an $1,100 fee which we are spending about $400 for? How is it that we determine the original fee? Mr. Moseley responded that a TCO fee is set at half the cost of the initial building permitand this permit was $2,200. Ms. Rosa added that there is the additional cost of a legal ad and administrative costs associated with that. Discussion followed on what was included in that estimateandMr. Goodman suggested a cost of $550 to begindiscussion. Ms. Bleiwas asked about the process of a TCO vs a Certificate of Occupancy (CO)and what are staff looking at differently in a TCO inspection rather than a CO inspection. Mr. Moseley responded that the final CO is included in the initial building permit costs.The TCO is for when things arentquite done yet but not associated with public safety of the structure. For a TCO, we would make sure that all the safety features are in place and functioning such as handrails, smoke detectors etc. but they may not have everything doneand often those are aestheticitems or stormwater issues. We cant issue a CO until the stormwater control is finished. Ms. Bleiwas asked if when a TCO is issued, is the inspection lessburdensome at the inspection for the CO? Mr. Moseley responded that a TCO forces us to organize the process earlier than we usually would,so yes. TB 2020-08-24 Pg. 4 Mr.DePaoloasked if there was any attention given to the possible precedent-setting nature of this request, considering that everyone potentially has a COVID hardship to claim and the other issue is that this waiver request seems to be based on anecdotal evidence. We dont have any real idea of the financial picture or needof the applicant. It is an interesting situation in this environment, because it could be the first domino to fall. Mr. Howe said there was concern about setting a precedent andthat is why we went back and looked at pending permits and it doesnt seem like there is that likelihood. TheBoard then discussed what the financial hardshipis and how to verify thatand the details in the local law that the Board uses in this balancing testand how to do that. The Board determinedthat overall, a reduction seems fairand they would set a public hearing indicating a $500reduction in the established fee and discuss this further. TB Resolution 2020 -113: Setting a public hearing regarding a request for a waiver for a Temporary Certificate of Occupancy 104 Grover Pl Whereas the Town Board received a request for a waiver of the fee associated with the issuance of a Temporary Certificate of Occupancy from the owners of 104 Grove Pl, and Whereas the Town Board discussed the request and determined that a reduction of $500is appropriate,and Whereas the Town of Ithaca CodeChapter 125-7(2)requires that a public hearing be held on the request;now therefore be it Resolved,thatthe Town Board of the Town of Ithaca will hold a public hearing regarding the request for a waiver of the fee for a temporary certificate of occupancy beginning at 5:30 p.m.at th the Town Hall, 215 North Tioga Street, Ithaca, New York on the 14day of September 2020 Order(s) and Extension(s) regarding health & safety guidanceassociated with COVID-19and in- person attendance at public meetings, and be it further Resolved, that at such time and place all persons interested in the proposed local law will be heard concerning the same. Comments can be emailed to theTown Clerk beforeor duringthe public hearingor made via phone or video/audioduring the public hearingusing the ZOOM platform. Moved:Tee-Ann HunterSeconded:Eric Levine Vote: ayes Hunter, Levine, Leary, Howe, DePaolo, Goodman and Bleiwas 5.Discuss and considerauthorization for the Town supervisor to sign a contractfor Final Design andBid PhaseServices for the Forest Home Walkway Improvement ProjectPulled TB 2020-08-24 Pg. 5 Mr. Howe stated that this has been pulled and theitem referredto the Public Works Committee for further review. 6.Discuss Watershed projectsuggestions for possible grant opportunities Mr. Howe noted that we have talked about this before and it isnt that these projects would be selected, but they would be submitted. Ms. Hunteraddedthatthese will go on to the CNYRPB who is putting togethera list of water- quality projects from throughout the watershed as part of a NYSDOS grant. Mr. Slater has found some possible projects in the Town and Mr. Goodman has also recommended one.These will be reviewed by CNYRPB. Mr.DePaolosaid he thoughttheTown was involved in installing rip-wrapfor the Six Mile Creek and issues there and theSouth Hill Trail is also a safety issue and that could be indicated ineach of those to add credence. He also thanked Mr. Slater for prioritizing the one that he would like to see done. TB Resolution 2020 -114:Approval of project descriptions to be submitted for NYSD Local Waterfront Revitalization Project Whereas the Town of Ithaca has been asked for water quality project ideas as part of a New York State Department of State Local Waterfront Revitalization Project, and Whereas the Director of Public Works has identified seven possible water quality improvement projects for submission to CentralNew York Regional Planning and Development Board who is collecting and prioritizing project ideas from around the watershed, now therefore Be it resolved that the Town Board of the Town of Ithaca requestssevenproject ideas in the areas of Hackberry-CoyGlen, Seven Mile Drive, Elmira Rd Western Stream back, Six Mile Creek Vineyards, South Hill Trail, West KingRoad,and Woodgate be submitted to Central New York Regional Planning and Development Board. Moved:Tee-Ann HunterSeconded:Rod Howe Vote: ayes Hunter, Howe, DePaolo, Goodman, Bleiwas, Leary and Levine Added items Authorization for contract Demolition of 124 Seven Mile Dr Mr. Howe reported that wesolicited quotes and have received two andwe would like to move forward with this. TB Resolution 2020 -115: Authorization for Supervisor to sign contract for the demolition of the structure on 124Seven Mile Dr. TB 2020-08-24 Pg. 6 Whereas the Town has purchased real property at 124 Seven Mile Dr, adjacent to the Public Works Facility for future use, and Whereas the residence on the property has been determined to be of no use to the Town, and Whereas the Town Board and multiple committees have discussed the proposal to demolish the residence over the past months and the recommendation was made to solicit quotes on the costto do so, and Whereas the Director of Public Works solicited quotes from three companies and received two responses and Whereas the Director of Public Works recommend entering a contract with LCP Group, Inc., Vestal NY for a costnot to exceed $20,000.00; now therefore be it Resolved that the Town Board accepts the recommendation of the Director of Public Works and authorizes the Town Supervisor to sign a contract for the demolition of the structure, subject to the approval of the Attorney for the Town. Moved:Tee-Ann Hunter Seconded:Rod Howe Vote: ayes Hunter, Howe, Levine,Leary, DePaolo, Goodman and Bleiwas 7.Committee Reports a.BudgetMr. Levine reported that the preliminary budget has been prepared and highlightssent out by Mr. Solvig. It will be discussed at the September meeting. Of note is that the average homeowner will not see an increase in their town taxbill and it might even go down a little. Mr. Solvig added that thetotal budget for 2021 goes down a little under 1% andthe tax levy goes up a little over 2% but the assessed valuations went up almost 3% so the tax rate comes down. A typical $300K house, the property tax bill is about $80 less. We are going to be working on figures to get the funds to their acceptable levels. Mr.Solvig added that our credit rating stayed at AA1 and Moodys had some complimentary comments in there about the Town. The bonds were sold; the refunding bonds with a savings of about $156K over 11 years and we sold the bonds for the PWF project and three watermain improvement projectsand we were happy with the results of that. b.PlanningMr.DePaoloreported that they had two major items; the first was a potential modification of the EcoVillage PDZ to allow for semi-permanent camping groundsunder their educational arm with a potential commercial aspect to allow for the publicto use it also. At this point, we are going to look at the PDZ language. TB 2020-08-24 Pg. 7 The other item was looking at food trucks and if we want to allow them and where and under what requirements includingparking to allow for control of where. The committee is lookingat other municipal lawsand more to come. Ms. Ritter added that they started discussing pools and fencing materials which arose from the installation of a pool on Northview Rd. c.Public WorksMs.Hunter reported that they looked atand approved the concept and location for the water and sewer infrastructure at the Amabel development and that will eventually come to the Town Board for acceptanceat a later time. The developer hasto establish a Sewer Corporation, which will also come before the Board. Looked at the revised Town Map and recommended that to the Planning Board for review as required. It now includes some private roads whichalleviates issueswith State 280a requirements when applying for a building permit and road frontageas well asputting the parks and preserves back on and correcting some spellings. Talked about the Forest Home Walkway and that will come back at the next meeting. PWF update somedelays due to supply chain. d.COC-Codes and Ordinances Mr.Goodman reported that they continue to discuss regulating small cell facilities and the Court has rendered a decision on a municipalappeal on the restrictions on local governments. We can do aesthetic restrictions andwe will be going back to thoseand moving forward with finalizing those to move on to the Board. e.P&O -Personnel and OrganizationMs.Bleiwas reported that they discussed plans to start the search for a new Finance Directorand next month we will startthe final review of the revised Personnel Manualand comments from counsel regarding the Post Office lease. Ad Hoc/Sub Committees Green New Deal Committee Mr.Howe reported thatthetaskistodevelop an Action Plan and we have started ona spreadsheet and matrix; looking for ways to infuse this idea throughout thetownand departments as well as talking withother municipalities about Community Choice Aggregation and Rentricity (exploring water turbulencetogointhewater system toknock down ourusageby making energy and adding it back tothegrid),a Green Fleet policy and wrapping ourheads around what our role could be oncommunity solar. Economic Development Committee Mr.Howe reported thatwe have been focused ontheInlet Valley and we are waiting onfinal design guidelinesfrom Behan TB 2020-08-24 Pg. 8 Associates and hope to meet with them in September followed by a community meeting. c.Bicentennial CommitteeMr.Howe reported that some of the major aspects are the pictures and videos as well as re-enacting historical meetings and actionsincostume andfocusing on older documents and displaying them in our lobby. There will be a section on website also. He added that this depends on the excitement level of staff and the Board to move forward. d.Short Term Rentals CommitteeMr.Goodman reported that there has been a big shift in this from regulating un-hosted rentals to regulations for all short-term rentals. We have spent the last few months working with the City and County on looking at companies that help track rentals and the County has two proposals and we are talking about getting additional information from the chosen company around enforcement. At the nextmeeting we will be looking atthe details of permitting and process and fees. He hopes to have a revised draft by November or December. e.Agriculture CommitteeMr.Goodman reported that they met at the end of July and usually we try and do a field trip in the fall, but given the current situation, talked about postponing it until the springor trying a virtual tour. Discussion followedand some members wereinterested in trying to carpool a visit withmasks and theyalso liked the idea of video tours for the town website. Mr. Goodman will work on a hybrid for October. 8.Report of Town Officials Mr. Howe reported that the road use agreement dispute with Greystarhas been resolved and litigation avoided. Mr. Howe reported on some issues around hot air balloon rides and buzzing treetops andcoming close to houses. Mr. DePaoloreported onhis ride and offered to reach out to the company in question and ask him to keep a littlefurther away from housesand maintain a minimum altitude as well as seeing what our options arelegally. 9.ConsentAgenda TB Resolution 2020 -116: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a.Approval of Town Board Minutes TB 2020-08-24 Pg. 9 b.Approval of Town of Ithaca Abstract Moved: Tee-Ann Hunter Seconded: Bill Goodman Vote: ayes Hunter,Goodman, Bleiwas, Levine, Leary, DePaoloand Howe TB Resolution 2020 -1116a: Approval of Minutes Resolved, that the Town Board hereby approves the draft minutes of July 27, 2020as submitted withany non-substantial corrections suggested and approved by the Board made. TBResolution 2020-116b:Town of Ithaca AbstractNo.16for FY-2020 Whereasthe following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereasthe said vouchers have been audited for payment by the said Town Board; now therefore be it Resolvedthatthe governing Town Board hereby authorizes the payment of the said vouchersin total for the amounts indicated. VOUCHER NOS.901-957 GeneralFundTownWide44,741.59 General Fund Part-Town885.54 Highway Fund Town WideDA3,438.00 Highway Fund Part TownDB8,632.72 Water Fund2,562.04 Sewer Fund37,955.35 State Route 96b SidewalkH7408,289.11 PWF Renovations ProjectH22520.00 Fire Protection Fund280,000.00 Forest Home Lighting District30.80 GlensideLightingDistrict9.22 Renwick Heights Lighting District15.35 Eastwood Commons Lighting District21.53 Clover Lane LightingDistrict2.85 sCircle Lighting District4.33 Burleigh Drive Lighting District10.03 WestHaven Road Lighting District39.83 Coddington Road LightingDistrict23.19 TOTAL787,181.48 TB 2020-08-24 Pg. 10 Comments/Descriptions Hackberry_Coy Glen – This is an area that we are cleaning out annually, if not bi-annually, near the culvert pipe on Hackberry Lane and also contracted by the NYSDEC to clean out the area near where this stream meet the Cayuga Inlet. If one was to travel uphill on Coy Glen Road from Route 13A and look over the bank to the left they would see where the stream banks are eroding. Seven Mile Drive – This map is showing the streams near our DPW Facility that are, again, cleaned out several times a year. Gravel and trees are the main features removed from these streams, but some stone weirs have been placed near the roads in these streams to accommodate trapping gravel. Walking the stream back from the road (Seven Mile Dr.) that traverses our DPW property you would see some erosion along the banks, especially near the rear of the DPW property to the south and west. Six Mile Creek Vineyards_Slaterville Rd. – I am uncertain about this area, you may know more than I. During the Dan Walker Era I think that the Town placed stormwater infrastructure traversing Park Lane to the Eastern Heights Sub-division causing some massive erosion where the piping outlets in the Six Mile Creek Vineyards. Jim Weber was working with the previous Vineyard owners for maintenance easements if I remember correctly. There is also a spot going up Park Lane and looking to the right (behind #1564 Slaterville Rd.) that we are cleaning out several time a year in which the Town has an easement on I believe. South Hill Trail – Walking the trail there are several spots (coming in from the Burns Rd. end) that cross the trail and are eroding massive trees and steep wooded banks. This is an area that is directly impacting the Six Mile Creek Area in which the City of Ithaca uses as a reservoir for potable water supply to the City Residents and ultimately is one of the main tributaries to Cayuga Lake West King Road – We recently temporarily patched the should and ditch line of this highly erosive spot. This stream is collecting water that comes all the way from State route 96B and travels down a concrete gutter (high velocity) which ends near a stream that travels into the NYS property of Buttermilk Falls State Park. This has been a project that has been looked at for years but has been somewhat limped along due to more pressing projects and the complexity of getting equipment over the steep embankment. I would rate this one highest on this list if one was to ask. Woodgate – this is an area on West Hill identified by Rich Tenkate as something that is getting worse over time. My recollection of the this area is that there is some steep ravines that are taking water from the neighboring Town of Enfield and the headworks of the map labeled Hackberry Coy Glen. In my conversation with Kathy Bertuch it sounded as if this is preliminary and there may need to be more information, but she had indicated that it didn’t matter whether or not it was on Private or Public property. She also indicated that all she really needed was location based on cross streets / coordinates and land owner information, so hopefully these maps will be suffice. 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