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Home My WebLink AboutTB Minutes 2020-12-30Year End Meeting of the Ithaca Town Board Wednesday, December 30, 2020 11:00 a.m. b1t.p..s....1.Z.2.1 .us../.1/_a Agenda 1. Call to order 1. Public Hearing regarding the proposed Public Interest Order establishing the Campbell - Hopkins Water System Improvements Benefit Area and project subject to Permissive Referendum i. Consider SEQR ii. Consider adoption 2. Discuss and consider approval of the Greater Tomkins County Municipal Health Insurance Consortium employee wages for 2021 3. Discuss and consider approval of and authorization for Supervisor to sign, Arnabel Sewage -Works (-.,orporation Stock Escrow Agreement and Rate Approval 4. Discuss and consider approval of "concept and location" of water intrastructure f , or the Arnabet project 5. Discuss and consider approval of revised C;ode Fees 6. Discuss and consider approval to apply for a DEC Special Permit — Deer Management Program — and associated land use agreement(s) 7. Consent a. Town Board Minutes b. Town of Ithaca Abstract c. Approval of revised Engineering Tech I job description d. Approval of revised Water and Sewer Supervisor job description 8. Adj ourn TOWN OF ITHACA AFFIDAVITOF POSTING AND PU13IACATION 1, Becky Jordan, being cluly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York; that the following; notice has been duly posted on the sign boarci of the "fown Gerk of. the Town of Ithaca and the notice has been duly published in (lie official newspaper, Ithaca .1ourtteil: ADVERTISEMENT/NOTICE i.i NOTICE OF PUBLIC HEARING NOTICE OF EST ()I'PEL NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER • Proposed Water Improvement Location of Sian Board Used for Posting: Town. Clerk's Office 215 North I ioga. Street Ithaca, NY 14850 °I"own website at wtl)rl�.itl)a..r Ikx Date of Posting: December 1.7, 2020 Date of Publication: December 1.7, 2020 _ a Becky Jord, Deputy Town "clerk STATE OF NEW YORK) COUNTY OF TOM.PKINS) SS: "DOWN OF I'I HACA) Sworn to and subscribed before me this 17"' day of` Decel e 2020. Notary Public rzqflffiffllmr NOTARY PUBLIC„ STATE OF NEW YORK. Registration No.OIR06156809 (qualified in Tom My Commission Expires: 00 111 THURSDAY, 0ECEMSER 17, 2020 1 THE ITHACA Public Notices public rrfailc s/legals or call: 844.994,0711 Town of Ithaca Notice of Public f1 er^intt Due to extensions of Gov. error uonto.s Executive "ler(s) associated With tttetfID-119 suspending cer- tain r^'ecpcalrenaents of Open Mcmthicrs Law, ; the meeting will bas field via ZOOM tor healtli arid safety reastals, ZOOM ld 566-489-2655 Call kar 929-436-2866 TO Resolution 2020-161, Or- der Settin n Public: l-lwer.. 10 ! e aar3inq n Propaosce ),lbrartea fmpwrovernent for the rowrown of kthzmca, Tompkins co , u nty,New Yorke, p ur- straant to Article 12-C f, the "p"cawn Law, to be known as the Towyn of , Ithaca Campbell Avenue-Hoiak Iris P14tce Water System Ina- rovenre nts Water Inn- frovernnent and establish- I'a the Town of Ithaca a¢ana bell Avenue -Hopkins Plapc:e tamer S,ystent Im- provements Water Int - p prevenient A am. f"re srmt: Saalaervlsor _ Rod fliovre,, Mernliers tik Ga'.aod- narl, Pat Leary, ree-Arin l ranter, l rain tevirm, f'erneln 4° leiwaars nric,k It ch t:aepaaolo Moved- kaaarraelan Bleiwa,°dawn Seconded -Tee -Arm Hunter fihe areaas, ax map, Plan mmacl report, induclinal all esti- Orate . at:i- Or rote of oast, dtave been clunly prepared in such rna n - nor <arad irl srre:h de.t, p es has InrarreLol'aorae been deter- mined by the "'Town Board of the Tarn of Ithaca, "I"aauampslrar Cm�wurlIy NewYorl relaatina tea iFse esteb., lkihrne nt and constructl0l"l„ paursu ant to ArUrle 12.0 of tl"ae Towyn Law, of woaat r +s�ystea irripwrovements to be rarww r°a aartaf ide ntifiod as Ole °1'`awera of Ithaca analabe ll Avr-nue llop^ khis: Place 1i tter Syste nn krri. parovemer,nts Water tnn® prove nleernt, (the "Imfrrove. rile rat"), to provide Srra„k°r Water imparovernent to the Present Town Water SYS - torn, rn such water syste nr Int, pr oven'rent as be a onstra,rw p.„ teed and c arwrred by the Townarw of ldracaa; to se I've a iar rre. itted area in Said I m proven•. Whereas, said map, pIan and raeport, Including irs1i- mate of ccn I, vVere, prre, pared Fay a competent ecewctb.: as a r„ rlw.aly t6a eaa�seet by ti rpm State of New Yorke arra have ba�,eetn filed in the of. tip ae cele' ttaa,r "'tcarvwra Clerk a.:wf 5tait°t "rowrr Where tire $anrn°ae areWO^ iIaabie during regular affkc:e lnearsra for exa6ltlaa- 6on by any lknerson or iro-r,- sot Is interested In the .s+ub.. je„ert tira,ak:tr,r thereof; aand 'taere u,„ the area of said wwn determined d t,rn be nel,ttenl k:ry saaal:l Town of ua;aa: t::,aarrwpbetl Averaetrf... .jr ius t"Iaac:°e Water Sys,, ra Irnpzroverrte. pmts water Iarovernent Ara*,gin consists the entho area of said wirye xcepating rhe re fro tin ere a cont alnecl w lthir.n Vrileaclea of Cayuga 9lits aril the Improve rrient. In Connection r st ablishri,wrat, of yr krnparovernernt ists of: the it aal-, aapaparoximaately wk Iuct;ilr, iron wAter urn esti whoreas, said $750,000 m axirnurn estimated eca.t; which is the cost of the krroect, shell be urathorixaed to ae» financed, at tilt' opaa tkm of the: Town, by toot- uce Whereas, it is proposed that the cast of the +afore - w sial improvements shall be IX>rne: by the real property Ira saakd Water improvement; Area by assessing lea%��Irng upaofa and collectlrig from ltwea several lots aar°nci pmaarceis Of k nd wrwatllira Such Water Irratar'crvaernent Area, outside of any villa c er which filerm kavrr Boar r shaki deteer,- r°nine and specify to be es- pecially benefited l,.ay the im)rove menta, rrr anaortut. rrVident to Pay the parkriex- rsal and interea t anserial onds arid board ra ntkcklls:i. darn maters issued kn aantici• pz,'nt on of the Issuance of amarIanl bonds, as the r.,;arrre tmcorne clue arid pamayaabi v; and TOWN OF ITHACA AFFIDAVIT OF POSTINCI AND PUBI..,ICATION 1, Becky Jordan, being duly sworn, say that I ain the Deputy Town Clerk ofthe `l'own of Ithaca, Tornpk ills County, New York; that the following notice has been duly posted can the sign board of the Town Clerk of the Town ol'Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: El NOTICE C ENT/NOTIE NOTICE OF PUBLIC HEARING NOTICE OF ESTOPPEL LJ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER 0 Proposed Water Improvement Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Town website at Date of Posting: December 17, 2020 Date of Publication: December 17, 2020 14 1 �uu Becky Jor ai I)eputy Town Clerk STATE OF NEW YORK) ( I .OLINTV OF TOMPKINS) SS: TOWN OF ITHACA) SNw)rn to and subscribed before me this 17"' day ofDecernbe - 2020. No ary Public PAULME ROSA NOTARY PUBLIC, STATE OF NEW YORK registration No. OIR061560) Qualified ill Tompk'is County sl,'y Commission Expires: t 11 aPwc, 'I the prcMding of Irriprovernent" and to i all, persons here sted irr With t tion Law; Now, therefore, it is hereby ordered, lay'rothe Town Raord of tht. wn 0 f Itha- ca,Tompkins Countyw , Ne Yor k, as follows� Section 1, A priblic hearlriq shall be held by the 'Tcarvrw Board of the 'rown of ittwa- ca, Tornpicins County, New York, at the Town HIM, 215 North Tioga Street, in Itha- ca. New Y61kk, in said Town, c'm the 30th day of Decern- ber, 2020, at 11:00 no'clock AM_ Prevalfino Tinte. to cluestion of providing thrt huprovenwrit, and tca hear all persons interested in the st,rbject thereof concernhig ttre take arid to kZ sucyl acl�icin thereon asf is re- quired by law. Ser"AJon 2. The Town Clerk is hereby authorized and dlrerted to Publish, a No, fice cXf Public Hearing re- garding tlae ziforesaid Im- provernent to be published mance lil the official newspa- pet" and also tea post a Copy ti'mreof on the town sign- board maintained by the 'Town Clerk, not less than ten nor rnore thary twenty days before the day, diasjq_ nated for the hearing as aforesaid, all in accordnc a with the provisions of Sec - thorn 209,-q of , the, l'own Law. Section 3, This Order shall take effect linrnecfiately, Tkie quet iA ion of the a of d op tiork e foregoing Order was duly Put to a vote on mail uill, which resulted as follow sRed Howe, aye; silt Goocirnanaye; Pat, t,,ziry, aye; TeeAn6 Hunter, av&, Eric Levine, aye; Par"c�Fjt Blelwas aye* , and Rios f')ePaciio aye. The ardor was thereupon deciared tfidy adoptect, Paulette Rosa Town Clerk 1211, 712020 Year End Meeting of the Ithaca Town Board Monday, December 30, 2020 11:00 a.m. Minutes Board Members Present: Rod Howe, Supervisor; Members Pamela Bleiwas, Pat Leary, Tee - Ann Hunter, Eric Levine, Bill Goodman and Rich DePaolo Staff Present: Marty Mosely, Director of Code Enforcement; Judy Drake, Director of Human Resources; Becky Jordan, Deputy Town Clerk; Joe Slater, Highway Superintendent and Dan Thaete, Director of Engineering Agenda Item 1: Call to order Mr. Howe opened the meeting at 11:03 a.m. Agenda Item 2: Public Hearing regarding the proposed Public Interest Order establishing the Campbell -Hopkins Water System Improvements Benefit Area and project subject to Permissive Referendum. Mr. Howe opened the public hearing at 11:03 a.m.; there was no one present wishing to speak and the hearing was closed. TB Resolution 2020 - 169: SEQR — Campbell Avenue and Hopkins Place Water System Improvements Whereas, this Action is the replacement and/or termination of deficient 1920's and 1930's water mains and services within Trumansburg Road, Campbell Avenue and Hopkins Place rights-of- way with new, larger mains and services, to increase water pressure and fire flow to existing residences within the immediate area around Campbell Avenue and Hopkins Place, which are part of the Trumansburg water tank zone; and Whereas, this is an Unlisted Action for which the Town of Ithaca Town Board is acting in an uncoordinated review with respect to the project; and Whereas, the Town of Ithaca Town Board, at a public hearing held on December 30, 2020, has reviewed and accepted as adequate a Short Environmental Assessment Form (SEAF) Part 1, prepared by the Town Engineer, and Parts 2 and 3, prepared by the Town Planning Department, along with other application materials; Now, therefore be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in accordance with the New York State Environmental Quality Review Act for the above -referenced Action as proposed, based on the information in the SEAF Part 1, and for the reasons set forth in Parts 2 and 3. Moved: Rich DePaolo Seconded: Eric Levine TB 2020-12-30 Vote: ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman TB Resolution 2020-170: PUBLIC INTEREST ORDER - In the Matter of a Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12- C of the Town Law, to be known as the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement and establishing the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement Area. Present: Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman Moved: Rich DePaolo Seconded: Eric Levine WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement, hereinafter also referred to as the "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca; to serve a benefitted area in said Town to be known as the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement Area, hereinafter also referred to as the "Water Improvement Area"; and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 14, 2020, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 30th day of December, 2020 at 11:00 AM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on December 30, 2020, the Town Board determined approval, construction and implementation of the Improvement, which is an Unlisted Action pursuant to the 2 TB 2020-12-30 regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The Improvement proposed in connection with the establishment of the Water Improvement Area consists of the installation of approximately 45 LF of 8" ductile iron water main along Trumansburg Rd, 165 LF of 8" ductile iron water main along Hopkins Place, 528 LF of 8" ductile iron water main along Campbell Avenue, construction of a precast building/pressure reducing station, installation/modification of approximately nine water services, and associated appurtenances and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of $750,000; and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca Campbell Avenue -Hopkins Place Water System Improvements Water Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $750,000, which shall be financed as follows: at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 40 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Water Improvement Area which are deemed benefited by said Improvement, so much upon and from each as shall be in just 3 TB 2020-12-30 proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Rod Howe, Supervisor, aye; Bill Goodman, aye; Eric Levine, aye; Tee -Ann Hunter, aye; Pat Leary aye; Rich DePaolo, aye; and Pamela Bleiwas, aye. The Order was thereupon declared adopted. Agenda Item 3: Discuss and consider approval of the Greater Tomkins County Municipal Health Insurance Consortium employee wages for 2021. No questions from the Board. TB Resolution 2020-171: Approval of Greater Tompkins County Municipal Health Insurance Consortium Employee Wages for 2021 Whereas, the Town of Ithaca was established as the "Employer of Record" for the Greater Tompkins County Municipal Health Insurance Consortium (Consortium); and Whereas, the Consortium approved of the 2021 employee wages at their December 17, 2020 meeting; and Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for Consortium employees for the year 2021; now, therefore, be it Resolved, the governing Town Board of the Town of Ithaca does hereby approve the Consortium's 2021 wages as detailed below. 4 TB 2020-12-30 Title 2020 wages 2021 wages Increase Executive Director $91,800 $93,636 2.0% Clerk of the Board $34.00/Hr. $34.68/Hr. 2.0% Administrative / Computer Assistant $25.50/Hr. $25.00/Hr. 0.0% vacant -hire rate Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman Agenda Item 4: Discuss and consider approval of and authorization for Supervisor to sign, Amabel Sewage -Works Corporation Stock Escrow Agreement and Rate Approval Mr. DePaolo inquired why the Town of Dryden is a party to this agreement. Mr. Goodman explained that the Town of Ithaca could not be the escrow agent, it must be a 3rd party, and Town of Dryden was the first to volunteer. TB Resolution 2020 - 172: Amabel Sewage -Works Corporation Stock Escrow Agreement Authorization and Rate Approval Whereas, the Amabel Pocket Neighborhood (Amabel) project consists of 30 new single-family residential home lots which will utilize a private sewage pump station and associated sewer collection lines (System), and Whereas, pursuant to Article 10 of the New York State Transportation Corporations Law (TCL), the formation of a Sewage -Works Corporation is necessary, and Whereas, on July 9, 2018, TB 2018-095, the Town Board consented to the formation of the Amabel Sewage Works Corporation (Corporation) pursuant to TCL § 116, and Whereas, Pursuant to TCL § 119, Corporation stock must be placed in escrow and title must pass to the Town in the event of the Corporation's failure to complete the System or in the event of the Corporation's abandonment or discontinuance of the maintenance and operation of the System, and Whereas, pursuant to TCL § 121, the Town and the Corporation must agree and establish fair, reasonable, and adequate rates to operate, maintain, repair and replace the System formalized by a Stock Escrow Agreement, and Whereas, the proposed 2021 rate of $211 per lot with an annual escalation rate of 3.2%, was justified by the Corporation's Engineer, David A. Herrick, P.E., T.G. Miller, P.C. in a letter dated August 8, 2020, now, therefore, be it TB 2020-12-30 Resolved, that the Town Board agrees that the 2021 rate and annual escalation is considered fair, reasonable, and adequate to provide for the collection of sewage by the Amabel Sewage -Works Corporation. Resolved, the Town Board approves and authorizes the Town Supervisor to sign the Stock Escrow Agreement with the Susan Cosentini, (DBA New Earth Living), owner of 100% of the issued and outstanding shares of the Corporation, subject to approval by the Attorney for the Town. Moved: Rod Howe Seconded: Tee -Ann Hunter Vote: Ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman Agenda Item 5: Discuss and consider approval of "concept and location" of water infrastructure for the Amabel project Mr. Thaete reported that the Public Works Committee has reviewed the concept and location drawings and recommended approval by the Town Board. TB Resolution 2020-173: Acceptance of the Concept and Locations of Public Utilities to be Dedicated to the Town in Conjunction with the Amabel Pocket Neighborhood Project Whereas, the Town of Ithaca Planning Board has granted Preliminary/Final Site Plan Approval for the proposed Amabel Pocket Neighborhood located at 619 Five Mile Drive (NYS Route 13A) and a portion of 617 Five Mile Drive, Town of Ithaca Tax Parcel No.'s 31.-2-28 and 31.-2-6, Low Density Residential Zone. The proposal includes utilizing Five Mile Drive and Inlet Road as access for the development of 30 new single-family residential home lots with individual driveways, installation of approximately 20 parking spaces, community open space, lighting, utilities, landscaping and stormwater facilities. New Earth Living LLC, Owner; Sue Cosentini, Applicant. Whereas, the applicant for the above -referenced site plan has proposed to dedicate to the Town of Ithaca a public utility (water line extension) and an associated easement to serve the Amabel Pocket Neighborhood, and Whereas, the water line extension and easement is indicated on the drawing "Utility Plan" (C105) date stamped 10/25/15, Revision 8, dated 2/02/18 and prepared by TG Miller, P.C. Engineers and Surveyors, which shows an easement with 6 and 8 inch DIP water line extension (indicated as 2435 +/- LF on the drawing) looping along the perimeter of the site with two connections to the existing water system within Five Mile Drive, and Whereas, the Town of Ithaca Public Works Committee has reviewed the plans for the above improvements that are proposed to be dedicated to the Town, and have found them generally acceptable, and voted to move the request to the Town Board for further discussion and consideration; now, therefore be it 6 TB 2020-12-30 Resolved, that the Town Board of the Town of Ithaca hereby accepts the concept and locations of the above-described improvements, subject to the following conditions: 1. That the surveyed locations, deeds, and abstracts showing good and marketable title for the proposed improvements and easement be submitted in a form acceptable to the Attorney for the Town of Ithaca and Director of Engineering prior to dedication and acceptance of the improvements by the Town Board; and 2. Completion of the utility lines, to the satisfaction of the Town of Ithaca Director of Engineering, prior to the acceptance of said improvements by the Town, and 3. Acceptance by the Town Board of the proposed easement and public utilities to be dedicated to the Town. Moved: Tee -Ann Hunter Seconded: Pamela Bleiwas Vote: Ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman Agenda Item 6: Discuss and consider approval of revised Code Fees There were no questions by the Board. TB Resolution 2020 -174: Amend Town of Ithaca Fee Schedule — Code Enforcement Fees Whereas, TB Resolution 2009-227 adopted the establishment and setting of fees by town board resolution; and Whereas, at its November 23, 2020 meeting, the Personnel and Operations Committee reviewed the recommendations, researched and suggested by the Director of Code Enforcement regarding amendments to fees for certain permits, certificates, and inspections, which are as follows: 1. Operating permit for multiple dwellings, 3 to 5 units - $225 2. Operating permit for multiple dwellings, 6 to 10 units- $275 3. Operating permit for multiple dwellings, 11 or more units -$325 4. Operating Permit for Non -Residential use - $225 5. Fire safety inspection - $150 6. Zoning only permit - $60 7. Temporary Certificate of Compliance — a. Single Family or Two Family: the greater of $100 or 25% of the building permit fee. b. All other building use types: the greater of $100 or 50% of the building permit fee. 7 TB 2020-12-30 8. Multi Year Building Permits - a. 2 -year building permit fee: building permit fee x 1.50 = total initial building permit fee b. 3 -year building permit fee x 2 = total initial building permit fee, and Whereas the Personnel and Operations Committee recommended the changes be moved to the Town Board for approval, now, therefore, be it Resolved, that the Town Board approves the above changes to the Fee Schedule and authorizes the Director of Code Enforcement to amend the Town of Ithaca Fee Schedule. These changes are effective immediately. Moved: Pamela Bleiwas Seconded: Rich DePaolo Vote: ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman Agenda Item 7: Discuss and consider approval to apply for a DEC Special Permit — Deer Management Program (DMP) — and associated land use agreement(s) Mr. DePaolo commented that the DMP has not been effective in relation to the estimated population of deer in the Town of Ithaca. Based on a 2017 report by the Conservation Board they estimated 125 deer per square mile which would put the population of deer in the Town at roughly 3,800. If we're looking at potentially thousands of deer and we characterize our program as a success having taken 20 deer, why are we bothering? What is the point? We are not affecting the herd in any statistically significant way. Mr. Goodman responded that the program started out small and ramping up. The first year we only had three sites and only got one deer. Last year we increased the number of sites and 20 deer were taken. This year we are again planning on increasing the number of sites, especially in the City near Six Mile Creek watershed and on West Hill. He added that it will take about three years to really ramp up the program to full capacity and after that, we would have a better indication of its effectiveness. Mr. Slater commented as a resident. He does not see the results as being significant, and from a hunter's perspective, it is counter intuitive; here you are, trying to manage a herd, you buy a hunting license, and at the end of the year x number of deer are killed. You as a hunter were not allowed to use any baiting techniques to get a deer of your choice or as many as you wanted. He was curious if anything has been explored to allow town resident to be allowed to use their own baiting to try and save some money. It seems kind of crazy to pay for a program to kill that small of a number of deer. Mr. Smith offered that the first year there were three sites and one deer taken. Last year there were six sites, but only three had consistent hunters using them; and so those three active locations had 19 out of the 20 deer were taken there. 8 TB 2020-12-30 This year we are dropping two unproductive locations and located five new sites to move the equipment to. These new locations seem to be better suited to the program. When we started this Program, we tried to use the farms because the Ag Committee and farmers were interested in reducing the population, but DEC said we couldn't include farms because they can get their own nuisance permits to hunt out of season. The farmers were hoping we could find sites close to the farms for this program to help get the deer near the farms that they can't use their type of permit for. Mr. DePaolo commented that if we are adding five new sites to the three productive sites from last year and each location yields an average of six to seven deer, that is about 55 deer in a year out of an estimated population of 3,500, so I ask again, why? How far do you have to go to get the kind of results that would result in regeneration of forest floor, reduction in motor vehicle accidents, reduction in Lyme disease, and whatever else is the motivation for the program? Unless you're talking about many hundreds of deer over a prolonged period of time, it just doesn't seem like an effective management strategy. Even if these sites are productive, at the same rate of the good sites. I understand you wanting to see how it plays out for a couple of years, but I just don't see the math leading to a result that was envisioned when we initiated this program a couple of years ago. Mr. Goodman responded to Mr. DePaolo's point, saying that in terms of long-term results, in his mind, it would be best if we call in some of the members of the ad hoc committee to report after this season and ask more detailed questions. To Mr. Slater's point, the town is able to do the baiting of the deer which normally hunters cannot do, by getting this nuisance permit. He didn't think we would be able to ask the State to allow private hunters to use bait and when we applied to the DEC, they did not want us to pick sites in the rural parts of the town, they wanted us to get closer to the City because they felt that was where the greater problems were. Mr. Slater responded that he knows a lot of hunters are opposed to the deer management plans because the colleges who are the largest owners of land in this area seem to get what they want and maybe some avenues to look at would be opening up archery hunting in Town parks or natural areas to start getting the population down or some of these land owners that are in favor of it, let them get the permit and spend their own money to harvest what they want. Mr. Howe thought maybe Cornell and the Village could also report on the effectiveness of their programs. Mr. Levine said this is a low-cost program and he is completely in favor of exploring how to help private hunters' ability to expand the program or cull more deer. Mr. DePaolo asked if there are other sites that have been identified and ready to be used to "ramp" the program up if we are not able to use the farms? TB 2020-12-30 Mr. Smith said he hasn't had to search very hard to add the three for this year and doesn't think it would be too hard to get more. He thought there would be a lot within the mile and a half of the City line that would be interested. Mr. Goodman added that after this year, we can also ask the Village to report and Mr. Smith supported Mr. Slater's idea of using town -own preserves and parks which would protect those preserves and parks from the damage we are trying to reduce. TB Resolution 2020 -175: Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation for 2021 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 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 at three locations, resulting in the harvesting of one deer; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in January 2020 and conducted the program at six locations, resulting in the harvesting of 20 deer; now, therefore, be it 10 TB 2020-12-30 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 2021, including any associated future documents, forms, or reports. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes — Bleiwas, Hunter, Howe, Levine, Leary and Goodman Nays - DePaolo TB Resolution 2020 - 176: Authorization to Sign a License Agreement with the City of Ithaca for use of the Six Mile Creek Natural Area Property as part of the Town's Deer Management Program for 2021 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for the deer culling; and Whereas, Town of Ithaca and City of Ithaca staff have identified three locations on City of Ithaca owned lands in the Six Mile Creek Natural Area for the deer program; and Whereas, on December 15, 2020, the City of Ithaca's Board of Public Works authorized the use of three locations on the City owned lands; and Whereas, a "Revocable License to Authorize Town Use of Six Mile Creek Natural Area Property" has been prepared; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with the City of Ithaca for use of the Six Mile Creek Natural Area as part of the Town's deer management program for 2021. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes — Bleiwas, Hunter, Howe, Levine, Leary and Goodman Nays - DePaolo TB Resolution 2020 - 177: Authorization to Sign a License Agreement with Conifer Realty LLC for use of approximately 68 acres as part of the Town's Deer Management Program for 2021 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for the deer culling; and Whereas, Town of Ithaca staff have identified two locations on Conifer Realty LLC owned or managed lands adjacent to the Linderman Creek Apartments / Conifer Village at Ithaca and the Overlook Apartments for the deer program; and Whereas, Conifer Realty LLC has authorized the use of two locations on their lands; and 11 TB 2020-12-30 Whereas, the Town of Ithaca staff have prepared a "Revocable License to Authorize Town Use of Conifer Realty LLC Property"; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with Conifer Realty LLC for use of approximately 68 acres as part of the Town's deer management program for 2021. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes — Bleiwas, Hunter, Howe, Levine, Leary and Goodman Nays - DePaolo Agenda Item 8: Consent Agenda TB Resolution 2020 — 178: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Town Board Minutes — Pulled/None b. Town of Ithaca Abstract c. Approval of revised Engineering Tech I job description d. Approval of revised Water and Sewer Supervisor job description Moved: Eric Levine Seconded: Pamela Bleiwas Vote: ayes — Bleiwas, DePaolo, Hunter, Howe, Levine, Leary and Goodman TB Resolution 2020 - 178b: Town of Ithaca Abstract No. 23 for FY -2020 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for audit and approval of payment; and Whereas said vouchers have been audited for payment by the Town Board; now therefore be it Resolved that the Town Board hereby authorizes the payment of the vouchers in total for the amounts indicated below: VOUCHER NOS. 1425- 1491 General Fund Town Wide 56,673.89 General Fund Part -Town 62,088.04 Highway Fund Town Wide DA 4,205.88 Highway Fund Part Town DB 6,685.88 Water Fund 620,285.16 Sewer Fund 85,432.54 Gateway Trail — H8 1,876.74 State Route 96b Sidewalk — H7 118,535.32 12 TB 2020-12-30 PWF Renovations Project — H22 1,689.70 Risk Retention Fund 24.98 Fire Protection Fund 280,000.00 Forest Home Lighting District 196.59 Glenside Lighting District 71.34 Renwick Heights Lighting District 85.74 Eastwood Commons Lighting District 181.03 Clover Lane Lighting District 21.13 Winner's Circle Lighting District 69.44 Burleigh Drive Lighting District 71.72 West Haven Road Lighting District 218.68 Coddin ton Road Lighting District 130.44 TOTAL 1,238,544.24 TB Resolution 2020 - 178c: Approval of Revised Engineering Technician I Job Description Whereas, the Director of Engineering reviewed the Engineering Technician I job description with the Personnel and Organization committee detailing that the revisions provide a broader scope of the position and minimum qualifications; and Whereas, the Personnel and Organization committee recommends the revised job description; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description for Engineering Technician 1. TB Resolution 2020 - 178d: Approval of Revised Water & Sewer Maintenance Supervisor Job Description Whereas, the Director of Public Works reviewed the Water & Sewer Maintenance Supervisor job description with the Personnel and Organization committee detailing that the revisions provide a broader scope of the position and minimum qualifications; and Whereas, the Personnel and Organization committee recommends the revised job description; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description for Water & Sewer Maintenance Supervisor. Agenda Item — Correspondence Whitetail Dr speed limit reduction request — referred to Public Works Committee 13 TB 2020-12-30 Tax Bills — Village of Cayuga Heights bills are actually going up, and we are putting together an explanation/narrative to distribute. CMC Waiver - Mr. Moseley reported that the Cayuga Medical Center has asked for a waiver of the building permit associated with a temporary trailer which may be associated with COV1D immunizations. Mr. Howe said they have been an incredible partner in this pandemic and he is in support of whatever is needed. Some discussion followed and Mr. Moseley noted that they did not give much information and we need at least some information and the Town Board would need to approve it, he can not. This year— Mr. Levine congratulated Mr. Howe on his first year as Supervisor and noted that both he and our Staff responded very well to the constraints and measures needed to continue services during this pandemic and Job Well Done. Adjourn Meeting was adjourned upon a motion and a second at 11:42 a.m., unanimous. Submitted by Becky Jor a eputy Town Clerk 14 TB 2020-12-30