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HomeMy WebLinkAboutTB Minutes 2016-07-11Meeting of the Ithaca Town Board Monday,July 11,2016 at 5:30 p.m. 215 North Tioga Street,Ithaca,NY 14850 Agenda 1.Call to order and pledge of Allegiance 2.Report of Tompkins County Legislature and Ithaca Common Council 3.Persons to be Heard and Board comments 4. 5:30 p.m. Public hearing regarding a proposed Local Law to Override the Tax Levy Limit Established in General Municipal Law 3-C a.Consider Adoption 5. 5:30 p.m. Public hearing regarding a noise permit for Ithaca Beer outdoor music during dinner operation hours a.Consider approval 6.Discuss and consider a resolution of support for the Residential Energy Score Project 7.Discuss and consider naming recent property acquisition -Marcia's Wood Preserve 8. Discuss and consider approval of Ithaca Fire Department's request to purchase a Pumper Truck 9. Discuss and consider setting a public hearing regarding a local law amending the Town of Ithaca Code,Chapter 270 entitled "Zoning,"to revise provisions related to solar facilities 10. Discuss and consider setting a public hearing regarding a local law amending the Town of Ithaca Code, Chapter 270, entitled "Zoning," regarding the keeping of domestic animals in the Conservation Zone and the keeping of chickens in the Medium Density Residential Zones 11.Acknowledge receipt of Court Audits 12.Discuss and consider approval of and authorization for Town Supervisor to sign an agreement for the preliminary design of the Michigan Hill Trail/ King Road Park 13.Consider Consent Agenda Items a.Approval of Town Board Minutes b.Town of Ithaca Abstract c.Bolton Point Abstract 14. Report of Town Officials / Town Committees and Intermunicipal Organizations 15. Review of Correspondence 16.Consider Adjournment TOWN OF ITHACA 215 N.Tioga Street,Ithaca,N.Y.14850 www.town.ithaca.ny.us Pauleite Terwilliger.Town Clerk plcrwiI[iger@lovvn.ithaca.ny.u.s Phone:(607)273-1721 Fax:(607)273-5854 Debra DeAugistine. Deputy Town Clerk ddeaugistineSiown.ithaca.ny.us Town of Ithaca Public Hearing Notice The Town Board will hold a public hearing at Town Hall during their regular meeting held on July 11'^at 215 N Tioga St.beginning at 5:30 p.m.to hear public comment regarding: A noise permit application for Ithaca Beer allowing small band music during regular dinner hours throughout the summer. Information on the above can be found at www.town.ithaca.nv.us or by calling 273-1721 Ithaca Beer has been holding these small groups of musicians with very light amplification in the past and the Town had been monitoring them. At this point, we would like to assure that the neighbors and area are aware of the performances and give you the opportunity to comment regarding them.Comments can be in person,via email to townclerk@town.ithaca.nv.us or by postal mail. Thank you. Paulette Terwilliger Town Clerk 7/6/2015 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I,Paulette Terwilliger,being duly sworn,say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New Yorkthat the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: •ADVERTISEMENT/NOTICE dV^JOTICE OF PUBLIC HEARINGS •&NOTICE OF ESTOPPEL • NOTICE OF ADOPTION OF PUBLIC IJ^OEREST ORDER Location of Sign Board Used for Posting; Town Clerk's Office 215 North Tioga Street Ithaca,NY 14850 Town website at www.town.ithaca.nv.us Date of Posting:July 6,2016 Date of Publication:July 6,2016 Paulette Terwilliger Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS)SS: TOWN OF ITHACA) Sworn to and subscribed before methis 6^^dayof July,2016. tary Public :V Debra DeAuglstine Notary Public -State of NewYork NO.01DE6148035 QualifiedinTompkins County My Commission Expires June 19,20 Town of Ithaca ftjbte HaaringNoUce r The Town Boafd w*hoW a , public hearmg at Town Hall ^ u during tt<elr regular meeting e ,r held on July 1llh at 215 N j. el Tioga St.beginning at 5:30 ^ ju p.m.to hear public comment g :n regarding;7 M 1)A proposed Local Law to _ ft. Override the Tex LevyUmit Established mGenerel Mimic-h Ipal Law §3-C -f —2)A noise permit appScabon 1 forIthacaBeer aHovdng sniall I band music during regular 1 - dinner hours throughout the 1 /a summer.' Information onthe above can.' ff, be found at www.town.lihaca.ny.ua or bf. A calling 273-1721 Paulette Tetwdlger 1)Town Oerk 7/6/2016 Town of Ithaca Public Hearing Notice The Town Board will hold a public hearing at Town Hall during their regular meeting held on July iT*^at 215 N Tioga St.beginning at 5:30 p.m. to hear public comment regarding: 1)A proposed Loc^|Aaw to Override the Tax Levy Limit Established in GenerallviTinicip'al Law §3-C 2)A noise permit application for Ithaca Beer allowing small band music during regular dinner hours throughout the summer. Information on the above can be found at www.town.ithaca.nv.us or by calling 273-1721 Paulette Terwilliger Town Clerk 7/6/2015 c-••.yj-'.vO jlioV ••. 'J .-I .-n r..1"O-M Benjamin &Stevenson 129 West Falls Street Ithaca,NY 14850 Eddy Hill Inc. 16 E.Enfield Center Road Ithaca,NY 14850 Ferrara Realty,Inc. 408 S.Albany Street Ithaca,NY 14850 0918/09 LS„Aj0AV 39AB 0|q!iEdiuo3 luuj Z9 x lUiu gz leuiJOi 0p 9U0nb!i3 O9L8/O9LS7iAj0av 1|}!aa 3|qqBdLU00 ,,8/g 2 x „l 9Z!S i0qB| Gary &Patricia Bordoni 12 Peachtree Lane Ithaca,NY 14850 Elmira Rd LLC P.O.Box 6437 Ithaca,NY 14851 Lynn &Betty Ford 13 Peachtree Lane Ithaca,NY 14850 lacovelli Bros Construction Co. 142 Ithaca Beer Drive Ithaca,NY 14850 Robert &Deborah Mclntyre 113 Tamarack Lane Trumansburg,NY 14886 John &Debbie Sladich 13 Apple Blossom Lane Ithaca,NY 14850 Yunis Realty Inc. 214 E.Church Street Elmira,NY 14901 Cary &Miranda Sosebee 850 Five Mile Drive Ithaca,NY 14850 Tompkins County IDA 122 Ithaca Beer Drive Ithaca,NY 14850 label size 1"x2 5/8'compatible with Avery '5160/8160 Etiquette de format 25 mm x67 mm compatible avec Avery"5160/8160 Contemporary Trends Matthew Grigorov 121 N.Aurora Street Ithaca,NY 14850 Christopher Feitzinger 111 FidlerRoad Ithaca,NY 14850 Guru Hotels LLC 51 Anderson Road Cheektowaga,NY 14225 Lawrence & Louise Sallinger 14 Peachtree Lane Ithaca,NY 14850 Philip White Jr. 348 S. Applegate Road Ithaca,NY 14850 Mitchell Ventures LLC Dan Mitchell,President 122 Ithaca Beer Drive Ithaca,NY 14850 Meeting of the Ithaca Town Board Monday,July 11,2016 at 5:30 p.m. MINUTES Board Members Present:Bill Goodman,Supervisor;Rod Howe,Deputy Town Supervisor; Pat Leary,Tee-Ann Hunter,Rich DePaolo,and Pamela Bleiwas Absent;Eric Levine Staff Present:Susan Ritter,Director of Planning,Bruce Bates,Director of Code Enforcement; Mike Solvig,Director of Finance,Judy Drake,Director of Human Resources;Paulette Terwilliger,Town Clerk;and Susan Brock,Attorney for the Town Absent:Jim Weber,Highway Superintendent 1.Call to order and pledge of Allegiance -Meeting was called to order at 5:31 p.m. 2.Report of Tompkins County Legislature and Ithaca Common Council -None 3.Persons to be Heard and Board comments Christianne White,Joint Youth Commission Ms. White began by saying she appreciates the constant and significant support from the town. She then went through her handout detailing the four major programs and efforts of the Commission which fill the gaps for certain age groups and those children that are not involved in Kris Bennett,Joint Youth Commission also thanked the board and gave a special shout-out to Mr.DePaolo who comes to every meeting and really helps us know what the Board is thinking. She highlighted the administrative side of the program,noting that the bylaws were revised and approved by all participants and Commission members oversee all programs.There are currently two vacancies for the Town and she would love to see them filled.Jonathan Gomes Selman just resigned to go to college and the Commission is sorry to see him go; he was awarded the Distinguished Youth Award by the County. There are two vacancies for the Town of Ithaca and it would be great to get those filled. Ms.Bennett reported that the Commission received a special grant to support girls and women for team and skill building workshops as well as self-esteem workshops.Coddington road has also agreed to extend their program an extra week because many participants commented at the end that it wasn't long enough. Youth Employment Program - Ms.Bennett reported that Cornell has stated that they will no longer allow the youth to be on their payroll.This caused a bit of a hiccup, but all the employers have stayed with the program and the Commission has worked it out. Dale Schumacher Director,Learning Web Mr.Schumacher thanked the board and explained that the program is open to all youth regardless of their grades or if they are at risk. The Web TB July 11,2016 pg.1 does career exploration and apprenticeships and we meet with youth at school to find out what they are interested in and then arrange field trips to different businesses and then work on getting apprenticeships at the business for the youth. Mr.Goodman thanked them and Mr.DePaolo for their time and efforts for our youth. Union leader regarding the Maplewood project and the concern they expressed in the past that Cornell is using a developer instead of doing the work themselves which allows them to circumvent the requirement to use local workers but the Union is in talks with EDR and it is looking good so far to have local labor used. 4.5:30 p.m.Public hearing regarding a proposed Local Law to Override the Tax Levy Limit Established in General Municipal Law 3-C Mr.Goodman opened the public hearing at 5:56 p.m. There was no one wishing to address the board and the hearing was closed. TB Resolution 2016-094:Adopting a Local Law to Override the Tax Lew Limit Established in General Municipal Law §3-c. Whereas,municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and Whereas,subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%)of the governing body,and Whereas,at its meeting on June 13, 2016, the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on July 11,2016 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C";and Whereas,notice of said public hearing was duly advertised in the Ithaca Journal;and Whereas,said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof,and Whereas,pursueint to the New York State Environmental Quality Review Act ("SEQRA")and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management,not including new programs or major reordering of priorities that may affect the environment,"and thus this action is not subject to review under SEQRA.Now,therefore,be it TB July 11,2016 pg. 2 Resolved,that the Town Board hereby adopts Local Law 7 of 2016 entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C",and be it further Resolved,that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved:Pat Leary Seconded:Rich DePaolo Vote: Ayes -Leary,DePaolo,Goodman,Hunter,Howe and Bleiwas 5.5:30 p.m.Public hearing regarding a noise permit for Ithaca Beer outdoor music during dinner operation hours \ Mr.Goodman opened the public hearing at 5:58p.m. Kirk Kormani,stated that he has emailed comments to the board already,but wanted to expand on that more. He stated that he loves the Ithaca Beer Company and he goes often,but the problem is that since the beginning,they have been allowed to have outdoor entertainment and outdoor games and it is next to a neighborhood and in the evenings sound carries.It is important to understand that it is not just music,but entertainment in the form of games that are available to play also. We can't sit on our deck without hearing cheering,clapping,and yelling.It is an intrusion on our privacy and now they want to add live music to that. He stated that there was one occasion about a month and a half ago where there was music and there was no place in my house that I could get away from the noise and at that point it's not a nuisance but harassment. The fundamental problem is there has never been any professional attempt to control the noise. He noted that when you drive on a highway there is a type of acoustical fence there to try and keep some of the noise out of the neighborhood and there is another techniques called an "earth berm"where you simply pile up the earth. Then there is a combination of both but there is nothing between the brewery and our neighborhood except a pond and that pond amplifies the sound even more.He stated that there are firms that specialize in noise abatement and he urged the Board to deny the permit unless or until the brewery comes back with a plan to abate the noise. He asked for the Board's support in trying to create a place where we can have peace and quiet in our homes. Larry Sallinger,14 Peachtree Lane Mr.Sallinger stated that he also sent an email to the Town Clerk after receiving the notice about the public hearing and he hadn't had the opportunity to see the application until after he sent those comments.He limited his comments to the application stating that he doesn't believe the application is complete so it is not compliant with the requirements of the Town's Law, Noise 184-12. Mr.Sallinger stated that the public doesn't have to make a case because the law does that for us and it is up to the applicant to make a case for a variance. The application is incomplete in that it IB July 11,2016 pg. 3 doesn't provide the 8 items listed including individual applications for each event and ways to abate the noise. He doesn't think the board can approve the request based on that alone. Betty Ford,13 Peachtree Lane Ms.Ford stated that they live where there is an opening between both properties and there have been times at 10:00 -10:30 p.m. where the music has been so loud you can't hear the television even with the windows closed.As the brewery grows, more and more people are there and the peaceful neighborhood went away. She agreed with Kurt; something has to be done to try and control the sound. Erik Caron,Ithaca Beer Events Coordinator Mr.Caron stated that the comments and concerns seem reasonable and normal and Ithaca Beer has no intention of making someone's evening bad or poor. Mr. Caron referred to PDZ 14 allowing Ithaca Beer and within that, D3, the operation of special events such as festivals and music series subject to any permits required and what that shows is that this has been expected, that we want to have entertainment at the Brewery. He noted that the Launch band went until 9:01 p.m. because he was the one making sure that was when it ended and the other comment about 10 or 10:30 was due to the cleaners turning on our sound system and that has been addressed. Mr. Caron said they are concerned that after 11 public hearings through the PDZ process, why now are we getting concerns about the music; these requests are for 7-9 p.m. during our normal hours. Mr. Caron stated that they want to be good neighbors and our hours are 9 or 10 p.m. so we want to get out of there and turn everything down knowing there is a community behind us. Mr. Caron listed the 5 Thursdays they are requesting live music outside. He added that he receivedtheseemails and turnedtheir musicup as loud as it could go and ran out past the pond and he was surprised how much the trees dampened the music. Mr. Caronstatedthatthey wouldlike to proceedwithwhat was expected to happen throughout the PDZ process. Mr. Goodman closed the public hearing at 6:13 p.m. and turned to the Board. Mr.DePaolo stated that we will need to have a broader discussion than what is indicated on the resolution and stated that he is a musician and acoustic engineer and a pond doesn't increase noise, it simply reflects it. He addressed the implication that a nuisance will occur and that is imbedded in our ordinance is not true; we understand there is going to be sound emitted and there needs to be measures taken to mitigate that and then, if a nuisance does occur, then the presumption that a similar activity going forward will also be a nuisance.The PDZ language doesn't presume the nuisance is allowed.He thought that the recording was compelling and the band was too loud. He also didn't think the comparison to Conunons music is relevant since the neighborhoods are totally different.Yes,the musicwas anticipated in thePDZ process andnow wehavesomepost operational experience to go withandthatiswhypeople eire here today. TB July 11,2016 pg. 4 Mr.DePaolo stated that the mitigation efforts proposed in the resolution;facing music toward the building is meaningless because it will just reflect back and it doesn't matter which way you face the music.The other statement is completely subjective,what is "lowest level necessary" can be different for everyone. Mr.DePaolo stated that he was leery of giving a permit for multiple events unless they can be rescinded.Ms.Brock stated that each date should be ruled on and that could be added.Mr. DePaolo thought the only way to ascertain what is allowable is using a decibel meter and determining what level is allowed. Ms.Bleiwas had an issue with the broadness of the resolution and the dates should be listed out separately and the timeframe spelt out. Ms.Terwilliger explained that Mr.Caron had submitted 4 applications while she was out sick and she spilled coffee on them and said she would fill out a new one. She did one for the 4 dates as we have done in the past and told Mr.Caron to come to the meeting with the confirmed dates and times and the resolution would be changed at that time. So as far as the application being incomplete,that was all on her. She added that mitigations are routinely done at the meeting not in the initial application. Ms.Leary agreed that a decibel level seems to be the only objective measure but if we don't do it that way, the spirit of the resolution is captured in item #2 "at the lowest level necessary".One of the comments was that the music was too loud inside for dinner and that is a totally subjective statement but she totally agrees with it. If we aren't using a decibel,we basically need to tell them to turn it down and depend on the neighbors.So the statement gets to the point and the test for it is the residents in their homes. Ms.Hunter agrees that there should be individual applications but looking at the Comp Plan and the initial findings, it says the plan calls for a limited number of small scale businesses that would not adversely affect the surrounding neighborhoods."It seems as though there is an emerging adverse effect on the neighborhood and she would hope Ithaca Beer would be willing to work with the neighbors to monitor the impacts of their activities on the quality of life of the neighborhoods adjoining the brewery. Ms.Hunter said she is hearing some legitimate complaints and presented with an application that has a wide range of bands; four to twelve members,with amplification and without amplification so the effects may be different.The purpose of the permitting process was to do exactly what we have done here tonight and she would like to hear from Ithaca Beer how they plan on mitigating these events.Ms.Terwilliger responded that the 12 piece band is the one not using amplification. Ms.Hunter did say that it was made clear to the Board,the future intentions for entertainment, when we considered the PDZ, but she thought we have an emerging problem so we need to work to make it possible for Ithaca Beer without destroying the neighborhood. TB July 11,2016 pg. 5 Mr.Goodman started by suggesting amending the resolution to authorize the first two evening, July 28^*^and August 4'*^so we can go out there and see what it sounds like and then discuss at the August 8^''meeting.He moved to amend the resolution to authorize those two events with an added condition that the permit is valid from 6:30 - 9:00 p.m. to allow for set up. Mr. Howe seconded the motion for the amendment. Mr.Howe stated that it sounds like it is a problem with a solution so starting with two is a good start and we want to support our local businesses and our residents. Ms.Hunter returned to condition #2 and it being ambiguous.Lengthy discussion followed with some word changes being suggested and the statement was eventually left in as is. Ms.Bleiwas asked how getting input from the residents would happen and would the timing allow for Ithaca Beer to get their application in and residents get their comments in. Mr. Goodman thought there would be and we will set the public hearing for August 8**^. Mr.DePaolo asked Mr.Caron while looking at an aerial map how he would be setting up the music and Mr. Caron responded that the intention is to have the bands facing the building in a way that most sound would be going toward Mancini's and away from Peachtree Lane.He added that the intent is to have the music at a level that you can speak to the person next to you. He did say that the Launch band was too loud and wasn't intended as dinner music and these are. Amendment passed.Back to comments on the resolution. Mr.Goodman stated that this has brought up some issues with our ordinance because there is no decibel level stated and he knows the City went through a very involved and costly process to establish decibel levels and if we want to get into that, we should talk about it at some point, but if the members can get out there on these nights and listen, that would be a way to see what is actually occurring.He added that he knew there were issues after the Launch because Dan approached us for a noise permit and we told him to get a noise permit,but technically under our provisions,we didn't need to notify neighbors because they are farther than 500 feet from the source of the noise and they are over 750. He also noticed that the only reason Ithaca Beer has to come in for a noise permit is because the rest of the land is zoned Light Industrial because our law says you can't have the source of the noise 500 feet from a residential zone.If they had had all their land zoned under the PDZ, they would be more than 500 feet from any residential zone. The law wouldn't apply because the law addresses noise within 500 feet. TB Resolution 2016 -095:Noise Permit for Ithaca Beer Summer Music Events Whereas a noise permit has been received from Ithaca Beer for bands,some of whom may have amplification on various dates beginning July 28*^through August 30'*^during normal business hours of 12:00 p.m. and 9 :00 p.m.,and Whereas a public hearing was held on July 11,2016 and notices sent to residences within 500 feet of the property,now therefore be it TB July 11,2016 pg. 6 Resolved that the Ithaca Town Board grants a noise permit to Ithaca Beer for the musical th theventsonThursday,July 28 and Thursday,August 4 with the following conditions: 1.All amplification will be faced toward the building,and 2. All amplification will be strictly monitored to be at the lowest level necessary, and 3.Noise permit is valid from 6:30 p.m.through 9:00 p.m. Moved:RichDePaolo Seconded:Pamela Bleiwas Vote: Ayes - DePaolo, Bleiwas, Hunter, Howe,Goodman and Leary Mr.Goodman moved the item regarding the proposed fire truck because Chief Parsons was present for any questions. Discuss and consider approval of Ithaca Fire Department's request to purchase a Pumper Truck Chief Parsons explained that they were originally going to try and do refurbish a truck but we have an engine that has structural repairs needed and it would take a lot of time and leave the value low. The truck was purchased in 2000 and was scheduled to be replaced in 2020. They have had three estimates done and the decision was made to purchase a replacement pumper and keep the Heavy Rescue truck and refurbish that to extend it through 2023. TB Resolution 2016 -098;Approval for the Purchase of a New Fire Pumper Truck by the City of Ithaca Whereas,the Town of Ithaca has entered into a Contract for Fire Protection with the City of Ithaca for the provision of fire and emergency medical incident response by the Ithaca Fire Department within a portion of the Fire Protection District of the Town of Ithaca, and Whereas,the Contract for Fire Protection specifies that expenditures in any year on new equipment "shall not exceed $200,000 absent the mutual written agreement of the parties hereto prior to commitments for such purchases and financing of same",and Whereas, the Town Supervisor has received communication from the City of Ithaca informing him of the planned acquisition of a new Fire Pumper Truck, to be delivered in 2017, as replacement of a 2000 Fire Pumper Truck, at an estimated cost of $550,000.00 and requesting contributory payment by the Town of Ithaca in the estimated amount of $176,880.00,based upon the approximately 32% share the Town pays for the net expenditures of the City Fire Department,and Whereas,the Town Supervisor and Town Finance Officer, after review of financial projections for the Town's Fire Protection Fund,are recommending to this goveming Town Board that the Town of Ithaca approve the requested contribution,with the expectation that this expenditure will be budgeted in the Fire Protection Fund of the 2017 Ithaca Town Budget;now therefore be it TB July 11,2016 pg. 7 Resolved,that after discussion the Town Board approves the purchase of a new Fire Pumper Truck by the City of Ithaca, and be it further Resolved, that the Town Board approves the contributory payment in the amount of $176,880.00 from the Town's Fire Protection Fund,with the fimds to be drawn from the Fund Balance in the Fire Protection Fund if this expenditure is not budgeted in the 2017 Ithaca Town Budget, as the Town of Ithaca's share under the terms of the Contract for Fire Protection between the Town of Ithaca and the City of Ithaca,and be it further Resolved,that a certified copy of this resolution be forwarded to the Mayor of the City of Ithaca and Fire Chief of the Ithaca Fire Department. Moved:Rod Howe Seconded:Pamela Bleiwas Vote: Ayes -Goodman,Bleiwas,Howe,Hunter,DePaolo and Leary 6.Discuss and consider a resolution of support for the Residential Energy Score Project Nick Goldsmith reported that the final program is ready after reviewing comments and clarifying some things throughout based on those comments. Mr.DePaolo asked about the equity of the disbursement of the money for having this review done.People who can afford to do this are those that can also afford to have made their houses energy efficient so how likely is it that this is going to be available to a cross section of property owners.Is there assistance for getting these surveys done by lower income applicants.Mr. Goldsmith responded that the plan is to have a pilot program offering free ratings for 250 participants and part of that evaluation would be to make sure it wasn't skewed toward a certain income level. You can also get a free energy audit and this could be tacked on to that for a lot of people making it affordable to a much wider audience.Mr.DePaolo asked if the pilot program is focused on getting people who wouldn't normally be able to afford the audit or is it first come first serve and Mr.Goldsmith responded that that was still up for debate. Mr.Goodman added that this initial phase was funded by a grant and to move forward,another grant would have to be received but at this time we are being asked to support the findings. TB Resolution 2016 -096:Support for the Tompkins Residential Energy Score Program and Implementation Plan Whereas the Town of Ithaca has goals of reducing energy use and greenhouse gas (GHG) emissions,and according to the March 2016 Tompkins County Energy Roadmap,in order to meet the goal of reducing GHG emissions 80% by the year 2050, the community will need to achieve at least a 35%reduction in energy use in existing buildings through retrofits and upgrades;and Whereas the NYS Reforming the Energy Vision initiative has a goal of helping consumers make better and more informed energy choices;and TB July 11,2016 pg. 8 Whereas a residential energy score program would provide residents with numerous benefits,including the ability to better understand and reduce energy-related living costs and GHG emissions;and Whereas a project team,composed of representatives of the Towns of Caroline,Danby, Ithaca, Ulysses and the City of Ithaca, with consultation from Cornell Cooperative Extension of Tompkins County and the Tompkins County Planning Department,was formed in 2013 to work on a residential energy score project;and Whereas the Town of Ithaca,working on behalf of the project team,submitted and was awarded grant funding from NYSERDA's Cleaner,Greener Communities program,and contracted with subject matter experts Performance Systems Development to develop deliverables for the project;and Whereas the original project proposal was to develop and adopt a local law or ordinance to require a home energy rating to be disclosed at the time of listing for sale,however due to pubic feedback and the lack of incontestable legal authority to enact such a law, the project team opted to develop a voluntary program and phased implementation plan; and Whereas extensive public outreach guided the creation of the first draft report of the program and implementation plan,completed on February 24,2016.The second draft was informed by more than 250 comments collected from additional public outreach,and was presented to the governing boards of the five partner municipalities between May 23 and June 15,2016,with a comment period ending on June 17,2016,and comments on the second draft were incorporated into a final report, titled "Tompkins Residential Energy Score Program and Implementation Plan;"and Whereas the grant contract with NYSERDA requires the project team to present the final report to the governing boards of each of the five partner municipalities for consideration, including a formal vote; now therefore be it Resolved,that the Town Board of the Town of Ithaca supports the Tompkins Residential Energy Score Program and Implementation Plan, dated July 6, 2016. Moved:Tee-Ann Hunter Seconded:RichDePaolo Vote: Ayes -Hunter,DePaolo,Leary,Goodman,Howe and Bleiwas 7.Discuss and consider naming recent property acquisition -Marcia's Wood Preserve Mr.Goodman noted that the naming parks policy states using the donor's names but this was purchased as was the last one and Ms.Ritter wanted the board to be aware that we have gotten away from the policy. She added that for the people doing the maps for the town, it is weird to have three different names for parks that are contiguous.She suggested in the future that sections could be named after a person but it would be easier to name the whole something else. TBJuly11,2016 pg. 9 Mr. DePaolo asked about the lacovelli Park which predated him and some of these parks are from required set asides and we shouldn't feel compelled to name a required park after the developer.He thought that should be spelt out in a policy. Mr.Goodman stated the board could think about that for another meeting. TB Resolution 2016-097;Designate Marda*s Woods Preserve Whereas,on May 13,2016,the Town of Ithaca purchased approximately 62 acres of land between Bostwick and Culver Roads from the Estate of Marcia B.Meigs,and Whereas,the land,consisting of streams and woods,is located next to two existing Town owned parcels.Dress Woods Preserve and Gerda Knegtman's Glen Preserve,and Whereas,Marcia Meigs lived for many years next to the 62 acres, along with her husband Jon Meigs, a longtime member of the Town's Conservation Board,who still lives in the house next to the land;now therefore be it Resolved, that the Town Board hereby designates that the name of the newly acquired land on Bostwick Road shall be "Marcia's Woods Preserve." Moved:Bill Goodman Seconded:Tee-Ann Hunter Vote: Ayes -Goodman,Hunter,Howe,Leary,Bleiwas and DePaolo 8.Ithaca Fire Department's request to purchase a Pumper Truck -moved up 9.Discuss and consider setting a public hearing regarding a local law amending the Town of Ithaca Code,Chapter 270 entitled "Zoning,"to revise provisions related to solar facilities Mr.DePaolo asked about the statement requiring a "qualified"installer and what that meant because we don't require homeowners to be qualified in any way as long as they are subject to inspection so why are we requiring that now. Mr.Bates said the homeowner is going to have to know what they are doing and Ms.Brock stated that in our Code, we have required people to be on a list by NYSERDA or be deemed qualified by the Town.Mr.Goodman stated that he hasn't heard of someone doing it on their own and in order to qualify for all the discounts and credits you have to use a licensed installer.Discussion followed and the term was left in the draft. Mr.Goodman reported that Mr.Williams suggested we not use this draft and simply use the New York State building Code but that would not allow us the control we would like on the placement of arrays and over the larger systems.The Committee decided not to take that suggestion.There were also a couple of people from the Larissa Lane neighborhood that didn't want ground mounted arrays that they would have to look at but the Committee stated those were allowed right now and we were not going to be more restrictive than what is currently allowed. TB July 11,2016 pg. 10 TB Resolution 2016 -099;Setting a public hearing regarding a proposed Local Law amending the Town of Ithaca Code.Chapter 270 entitled "Zoning/'to Revise Provisions Related to Solar Facilities Be It Resolved, that the Town Board of the Town of Ithaca will hold a public heeiring at the Town Hall,215 North Tioga Street,Ithaca,New York on the 8''^day of August,2016 at 5:30 p.m. for the purpose of considering a proposed local law amending the Town of Ithaca Code, Chapter 270 entitled "Zoning,"to Revise Provisions Related to Solar Facilities Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same;and it is further Resolved,that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved:Rod Howe Seconded:Tee-Ann Hunter Vote: Ayes -Howe,Hunter,Leary,DePaolo,Bleiwas,and Goodman 10.Discuss and consider setting a public hearing regarding a local law amending the Town of Ithaca Code,Chapter 270,entitled ''Zoning,"regarding the keeping of domestic animals in the Conservation Zone and the keeping of chickens in the Medium Density Residential Zones Mr.Goodman explained that the Committee decided to do a simple law to allow chickens in more medium density zones to have chickens to reduce the number of variance requests. Mr.DePaolo asked if the law is subordinate to our Noise ordinance because that doesn't mention chickens.Ms.Brock said it doesn't deal with noise from animals other than dogs. Mr.DePaolo asked if that is something that could be revisited if it becomes an issue and Mr.Goodman responded yes and Mr. Bates added that is why the Committee recommended no roosters and a limit of 6 hens, to mitigate any noise issues. Mr.DePaolo asked about the increase in predatory animals from increased chickens and Mr. Bates responded that there are requirements to keep the food secure and coops clean but varmints are going to be there. Mr. Goodman added that there are a lot of parcels in MDR that are allowed right now and this is just allowing more. TB Resolution 2016 -100:Setting a public hearing regarding a local law amending the Town of Ithaca Code.Chapter 270 entitled "Zoning",regarding the keeping of domestic animals in the Conservation Zones and the keeping of chickens in the Medium Density Residential Zones Be it Resolved,that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall,215 North Tioga Street,Ithaca,New York on the 8'*^day of August 2016 at 5:30 TB July 11,2016 pg. 11 p.m.for thepurposeofconsideringa proposedlocallawamendingtheTownof IthacaCode, Chapter270entitled"Zoning", regardingthe keepingof domesticanimalsin the Conservation Zones and the keeping of chickens in the Medium Density Residential Zones;£ind it is further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved,that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of the same on the signboard of the Town of Ithaca. Moved:Tee-Ann Hunter Seconded:Rod Howe Vote: Ayes - Hunter, Howe, Leary,DePaolo,Bleiwas and Goodman 11.Acknowledge receipt of Court Audits Mr.Solvig stated that it was much improved over the last two years. TB Resolution 2016 -101:Acknowledge Receipt of the Independent Accountant*s Report of the Town of Ithaca .Justice Courts Funds. Whereas,in accordance with the Uniform Justice Court Act,the Town Justice Courts provided their court records and dockets for examination to the Town,and Whereas,Sciarabba Walker and Company,LLP conducted £in examination of Year Ended December 31, 2015 as prescribed and submitted their summary to the Town,now therefore be it Resolved,that the Town Board acknowledges receipt of said report and will forward said report to the Court Clerks for submission to the New York State Office of Court Administration as required. Moved:Pamela Bleiwas Seconded:Pat Leary Vote:Ayes -Bleiwas,Leary,Hunter,DePaolo,Goodman,and Howe 12.Discuss and consider approval of and authorization for Town Supervisor to sign an agreement for the preliminary design of the Michigan Hill Trail/King Road Park Ms.Leary asked if the residents in the area know about this and Ms.Ritter responded that the idea is to get something on paper to take to the residents to start the conversation on what they want there. TB Resolution 2016 -102:Authorization for Town Supervisor to Sign Agreement for Services with T.G.Miller.P.C.Engineers and Survevors for Preliminarv Design Services for the King Road Park and Michigan Hill Trail nroiect TB July 11,2016 pg. 12 Whereas,the Town of Ithaca has owned approximately 3.6 acres of vacant land on East King Road since 1998/1999,and Whereas,the development of a park and trail in this eirea of the Town is recommended in the Town of Ithaca Park,Recreation and Open Space Plan (1997),stating for South Hill that "the second park should be located within or nearby the Chase Fsirm development"(pg. 37) and that the proposed trail would provide one section of "a network of paths connecting the vicinity of Chase Lane and Bast King Road, the Deer Run neighborhood,Troy Park (pg. 47), and Whereas,in 2010 and 2014 the Town submitted grant applications to develop this park and trail,which were not funded,and Whereas,the Town has recently received a commitment from a Town resident to donate funds towards the development of this park and trail, and Whereas, the Planning Department has received a proposal from T.G. Miller, P.C. Engineers and Surveyors to provide preliminary design services with a total cost of $4,500; now, therefore,be it Resolved,that the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to sign the agreement of services with T.G. Miller, P.C. Engineer and Surveyors for preliminciry design services for the King Road Park and Michigan Hill Trail project, subject to approval of the Attorney for the Town, at a cost not toexceed $4,500, to be allocated from A7110.403 Consulting Services under Parks, and any addendums that do not have additional financial obligations for the Town. Moved: Pat Leary Seconded: Rod Howe Vote: Ayes - Leary, Howe, Hunter, DePaolo, Goodman and Bleiwas 13.Consider Consent Agenda Items TB Resolution 2016 -103;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 b.Approval of Town of Ithaca Abstract c.Approval of Bolton Point Abstract Moved:Rod Howe Seconded:Rich DePaolo Vote: Ayes - Howe, DePaolo, Hunter, Leary, Goodman and Bleiwas TB Resolution 2016 -103a:Approval of Minutes ofJune 13"^and 27**^,2016 Whereas,the draft Minutes of the June 13'*'and 27'*'meetings of the Town Board have been submitted for review eind approval, now therefore be it TB July 11,2016 pg. 13 Resolved,that the Town Board hereby approves the submitted minutes as the final minutes of the meeting the June 13'^and 27th,2016 of the Town Board of the Town of Ithaca. TB Resolution 2016 -103b:Town of Ithaca Abstract 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.884 -933 General Fund Town wide 45,286.36 General Fund Part Town 2,196.63 Highway Fund Part Town 458,129.01 Water Fund 113,369.22 Sewer Fund 289,943.36 Risk Retention Fund 274.25 TOTAL 909,198.83 TB Resolution No,2016-103c:Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas,the said vouchers have been audited for payment by the said Town Board;now, therefore,be it Resolved,that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers:261-313 Check Numbers:16614-16666 Capital Impr/Repl Project Operating Fund TOTAL Less Prepaid TOTAL $3,611.52 $78.392.78 $82,004.30 $14.459.80 $67,544.50 14.Report of Town Officials /Town Committees and Intermunicipal Organizations TB July 11,2016 pg. 14 Codes - Mr.Bates asked if the Board is interested in seeing more details about the status of complaints because as currently composed,it only shows when a complaint comes online. The Board was happy with the current system and information provided. Mr.Goodman reported that he met with Major Myrick and Mr.Coggin,his new Chief of Staff and he mentioned that he is sending us a letter which is in the Correspondence folder and it asks us not to reduce our contribution to City Parks and Mr.Goodman stated that he would be sending a response but we will also be discussing this further through our budget discussions.Mr. Goodman also reported that he talked to them about the Chief Operator position at the water treatment facility and it sounds like the City is trying to work out that issue and get a higher paying level for that position.The City might be requesting a fulltime sustainability planner so a heads-up for us because our half-time position has been paid for 50% by a grant, 25% by both the City and the Town and we would have to decide what to do about that. Mr.Goodman reported that Bolton Point will be bringing the revised Agreement for Municipal Cooperation (AMC)which has been in the works for over 2 years and all the municipal boards will have to start looking at it for changes and ultimate approval.He added that the SJC is also starting to review the agreement that governs that.Bolton Point will also be reviewing the water rate structure to explain how the shift from a lOK minimum to a 5K minimum would affect people and whether the Board would like a presentation on how that will roll out if approved. Essentially the water rate would have to change so people who are using 9K or more would actually go up a little bit, people using around 5K would be going down; the biggest increase would be Ithaca College who is our biggest user and that would be about 10% or $50K a year. The Board would like to have a presentation.Mr. Goodman will ask for an August study session presentation. Mr. Goodman reported that there will be a presentation from the Rec Partnership for July study session and a resolution supporting a grant for the 10. 15.Review of Correspondence 16.Consider Adjournment -Meeting was adjourned at 7:37 p.m. upon a motion and a second. Unanimous. Submitt Paulette Terwilliger,Town TBJuly11,2016 pg. 15 Paulette Terwllliger From:lalou@aol.com Sent:Wednesday,July 06, 2016 7:16 PM To:Paulette TenA/illiger Subject:Ithaca Beer Co. Noise Permit Please provide the members of the Town Board the following comments regarding IBC's request for a noise permit. Please acknowledge receipt by return email. We reside at 14 Peachtree Ln.in Ithaca. As you know, in 2011,Ithaca Beer Co received SPECIAL CONSIDERATION from the Town of Ithaca in the form of a planned development zone (271-15)in order to build its facility adjacent to the Saponi Meadows subdivision;a residential neighborhood of over 30 homes.This SPECIAL CONSIDERATION should compel IBC to operate its business In the strictest compliance with local regulations,etc.particularly those that would impact the comfort,tranquility,etc.of nearby residents.Since the construction of IBC's facility,there have been numerous instances of outdoor,amplified music that sometimes has been louder than necessary to entertain a dinner crowd and have gone on later than 9 pm. Infact,earlier this spring,there was an exceptionally loud music event that,to our knowledge,resulted in at least two complaint calls to the TC sheriff's office.We are unaware of any permits having been issued to IBCfor noise under chapter 184 as we've never received any notices of public hearings regarding same until the one that is the subject of the 7/11 hearing. If the town has been monitoring these events,as stated in the Public Hearing Notice,there must be knowledge on the part of the town that IBC has been non-compliant with chapter 184. It's hard to believe that effective monitoring wouldn't, at a minimum, include a neighborhood canvass and a check with law enforcement regarding any noise complaints.With this being said,we would ask the Board to consider the following as it reviews IBC's noise permit application: If issued,any permit must have a specific termination date.This would require a new application process for subsequent permits and allow for future public comment. Noise abatement and control methods,if approved,must be strictly adhered to. Amplified sound must be directed away from all adjacent residential areas. IBC's chief executive officer should be the individual responsible under chapter 184-12,A (2). Atown official should be named who can receive and act upon citizen complaints or comments resulting,after the fact, from noise issues.It shouldn't be necessary for the Sheriff's Department to have to respond in every case as sheriff involvement may involve time /manpower issues that render a meaningful response moot. We do not oppose the issuance of a noise permit to IBC but feel strongly that there need to be tight restrictions and oversight associated with the issuance in order to preserve the peace,tranquility and character of our neighborhood. Respectfully, Larry &Louise Sallinger Paulette Terwilliger From:RimaGrunes <rgrunes@gmail.com> Sent:Thursday, July 07, 2016 11:16 PM To:Paulette Terwilliger Subject:Ithaca BeerCompany's NoisePermitrequest Dear Ms.Terwilliger: Iwould liketo express concern about the Ithaca Beer Company's Noise Permit request,which I understand it currently under consideration.The Beer Company isvery close to the residential neighborhood inwhich Ireside, close enough that the music is already sometimes disturbingly loud in our neighborhood,especially in the evenings,when people are trying to put children to sleep. Iwould liketo support the ideas expressed by Larry&LouiseSallinger. Imight add that a possible condition of granting a permit with an expiration date (perhaps for one summer at a time)on it, is that the Beer Company provide a suitable wall structure between the bands and the surrounding residential areas to block and absorb the sound. Thank you for your consideration. Rima Grunes 165 Seven Mile Drive Ithaca,NY Paulctte Terwilliger From:lalou@aol.com Sent:Thursday, July 07, 2016 5:05 PM To:Paulette Terwilliger Subject:Ithaca BeerCo. Noise Permit Application Please add the followingto the comments we presented to the Town Board in our email of 7/6/16 regarding IBC's application for a noise permit.The 7/11 meeting agenda wasn't available when our initial comments were made and now, having reviewed the actual application,we would request that the board consider the following: Chapter184,sec.184-12 of the noise ordinance states that the applicant SHALLPROVIDE the following information; In paragraph (5) "Noise abatement and control methods to be used"and in paragraph (7)"Demonstration why the applicant cannot conform to this chapter".None of the supporting documents included with the 7/11/16 agenda address these required pieces of information and,therefore itis our belief that the request for a noise permit should be denied because the application is incomplete and non-compliant with statutory requirements. Please acknowledge receipt of this email by return email. Respectfully, Larry &Louise Sallinger 14 Peachtree Ln.