HomeMy WebLinkAboutTB Minutes 2022-04-25 Meeting of the Ithaca Town Board
April 25, 2022
AGENDA
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1. Sheriff's Report
2. 2021 Year End Report—Joint Youth Commission(JYC)
3. Tompkins County Assessment—Jay Franklin
4. Consider adoption of a local law Amending Chapter 144, of the Town of Ithaca
Code, titled`Energy Code Supplement"
SEQR Adoption
5. Consider approval of, and authorization to sign, an agreement with Stream Collaborative
for layout planning for underutilized Town Hall space
6. Consider Sewer Exemption Request for TP 69.-1-1 New Cornell Equine Facility
7. Consider referral of a request for an Open Development to the Planning Board for
comment
8. Consider setting a public hearing regarding a proposed Sewer Improvement,
pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Cecil
A. Malone Drive Bridge Sanitary Sewer Improvement and establishing the Town of
Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area
9. Consider setting a public hearing Regarding a Proposed Sewer Improvement, pursuant to
Article 12-C of the Town Law, to be known as the Town of Ithaca Stewart Park Sanitary
Sewer Pump Station #2 and Force Main Improvement and establishing the Town of Ithaca
Stewart Park Sanitary Sewer Pump Station#2 and Force Main Improvement Area
10. Consider setting a public hearing regarding a Noise Permit application—Elm St Ext
11. Consider Declaration of the month of May as Building Safety Month
12. Committee Reports
a) Budget
b) Codes & Ordinances
c) Personnel and Organization/ERC
d) Planning
e) Public Works
f) Others
o Economic Development
o Parks, Trails, Preserves & Recreation
13. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
14. Review of Correspondence
Meeting of the Ithaca Town Board
April 25, 2022
Due to Gov. Hotchel's executive order suspending certain aspects of the Open Meetings Law
due to the COVID 19 pandemic, this meeting was held hybrid with a quorum of the Board
present at 215 N. Tioga St. virtually.
Minutes
Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine,
Margaret Johnson, Pamela Bleiwas and Rob Rosen Absent: Bill Goodman
Staff Present Virtually: Judy Drake, Marty Moseley, Susan Ritter, Becky Jordan, Joe Slater,
Donna Shaw, and Dan Thaete.
Mr. Howe called the meeting to order at 4:33 p.m.
1. Sheriffs Report- Pulled
2. Tompkins County Assessment—Jay Franklin
Mr. Franklin gave a presentation on real property tax exemptions that are available for the Town
Board to enact. He noted that he was not advocating one way or the other,but simply presenting
the information as requested. (Attachment 1)
In general, NYS allows municipalities to adopt exemptions as they see fit but does not allow
them to develop their own without going through a petition process and special legislation from
the State.
Municipalities have to "opt in" to most exemptions, with a few exceptions that you have to "opt
out of." There are 4 exemptions the Town may be interested in:
1. Low Income Senior and Disability exemption—Town of Ithaca has a scale of$1,000 less
than the maximum, meaning, income at $28,000 or less, there is a 50% exemption. The
maximum allowed is income at$29,000.
2. Capital Improvements to Residential Properties—Physical change to your 1 or 2 family
house, owner occupied or not, such as an addition that isn't greater than 50% of the size
of the house you could be eligible for a phased in assessment over an 8-year period. If the
improvements increased the assessment of the house by $80,000, the first year would be
fully exempt. If your house is assessed at $300,000 you would only be taxed at $220,000,
the next year you would get an 87.5% exemption on that $80,000 increase, and then 75%
exemption, and so on over an 8-year period.
3. Green Building Exemption—Unfortunately, this is a hard exemption to get. The County
adopted the LEED scale and the only organization using that scale is INHS in the City.
TBS 2020-04-25 (Filed 5/3) Pg. 1
4. Infrastructure Exemption RPTL485G—This exempts the added value that a developer
puts into a subdivision such as roads, utility infrastructure and similar. Putting these in
increases the value of vacant land and the biggest complaint from developers is the cost
of developing. This would allow the increase in value to be exempt until the developer
sells all the lots, with the intent of that happening within 3 years.
Mr. Franklin noted the Board was provided a list of the common exemptions offered in the
County and which municipalities opted in for which.
The town of Ithaca currently offers:
1. Alternative Veteran's exemption. -In the 80's, this benefit was switched from Veterans
who use their mustering out pay to Veterans who served during a time of conflict and
every municipality offers this exemption.
2. Improvements for Disabled Individuals exemption—This exempts improvements such as
widened bathrooms and accessible ramp installations.
3. Senior exemption, Housing Trust exemption—this is primarily used by INHS houses
with restricted resale price with a matching taxable value exemption.
4. Historic Barn exemption—This is applicable if you renovate a barn built prior to 1990,
but not into a house,
5. Business Improvement Exemption 485B—This was one all municipalities set it at 0%
because there is no option to "opt out" and the concern was big box stores.
6. Ag Properties -- The Town taxes Ag properties for fire district taxes at Ag ceiling value
rather than market value using NYS formula.
Discussion
Mr. Howe stated that these will be discussed more at the Budget and Finance Committee.
Mr. Franklin noted that the deadline is March 1, 2023, for enacting exemptions.
Ms. Shaw asked what other options there are for getting the green building exemptions other
than LEED certification that may be more affordable for homeowners?
Mr. Franklin suggested going to the County to develop a consistent ranking system across all
municipalities.
Mr. Rosen added there is another widely used ranking system called the Home Energy Rating
System (HERS).
TBS 2020-04-25 (Filed 5/3) Pg. 2
Mr. Howe thanked Mr. Franklin for his presentation.
3. 2021 Year End Report—Joint Youth Commission (JYC)
Lorraine Moran and Chelsea Benson presented the Joint Youth Commission Annual Report 2021
serving the Towns of Caroline, Ithaca and the Villages of Cayuga Heights and Lansing.
(Attachment 2)
Board members thanked them for their enthusiasm and service to the youth of the County.
4. Consider setting a public hearing regarding a proposed local law authorizing the
Town's public bodies to use video conferencing technology to participate in public
meetings.
Mr. Howe noted that this was discussed at today's Personnel and Organization Committee and
uses a draft supplied by the Association of Towns. Every municipality will need to pass such a
law in order to allow participation in public meetings via video conferencing and an associated
policy.
TB Resolution 2022- 060: Setting a public hearing regarding a proposed local law
authorizing the Town's public bodies to use video conferencing technology to participate in
public meetings
Resolved that the Town Board will hold a public hearing, at its hybrid style meeting which
begins at 5:30 p.m., on May 9, 2022, at Town Hall, 215 N. Tioga St. and via the ZOOM audio
video conferencing platform, to hear public comment regarding a proposed local law authorizing
the Town's public bodies to use video conferencing technology to participate in public meetings.
A draft of the local law is available from the Town Clerks office and on the Town website.
Links to the ZOOM platform are posted on the web calendar and will be on the agenda.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
5. Consider adoption of a local law Amending Chapter 144, of the Town of
Ithaca Code, titled "Energy Code Supplement"
Mr. Howe noted that these are simple amendments to the ECS to correct one error that was less
stringent than the NYS Code, and to clarify a few other areas.
TB Resolution 2021 -061: SEQR regarding a Local Law amending Chapter 144 of the
Town of Ithaca Code, titled "Energy Code Supplement"
TBS 2020-04-25 (Filed 5/3) Pg. 3
Whereas, this action is the proposed enactment of a "Local Law Amending Chapter 144 of the
Town of Ithaca Code, titled"Energy Code Supplement;" and
Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an
environmental review with respect to the enactment of this local law; and
Whereas, the Town Board, at its regular meeting held on April 25, 2022, has reviewed, and
accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this
action, prepared by the Town Planning staff, now, therefore, be it
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law,
6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as
proposed,based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts
2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Pamela Bleiwas Seconded: Rich DePaolo
Vote: Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
TB Resolution 2022 —062: Adoption of a Local Law Amending Chapter 144 to the Town
of Ithaca Code, Titled"Eneru Code Supplement"
Whereas, on June 14, 2021, the Town Board adopted Local Law 5 of 2021: A Local Law
Adding Chapter 144 to the Town of Ithaca Code, Titled`Energy Code Supplement; and
Whereas, the Energy Code Supplement (ECS) is a local energy code supplement for all new
construction, certain additions, and major renovations, with requirements above and beyond the
state energy code that will become more stringent over time; and
Whereas, the ECS is currently under review by New York State, and during the creation of a
document meant to help the State in its review, Town staff discovered one minor element of the
ECS is less stringent than the current New York State Energy Code (ECCCNYS), which is not
allowed; and
Whereas, Town staff proposed two minor amendments to remedy this, as well as three other
minor, non-controversial amendments; and
Whereas, one amendment is a small change regarding lighting energy use, made to align with the
ECCCNYS; the second amendment clarifies the intention that the ECS is at least as stringent as
the ECCCNYS; the third clarifies the requirement to meet the standards of the National Electric
Code; the fourth amendment relaxes signage requirements for electric vehicle parking spaces
used for single and two-family dwellings; and the fifth amendment clarifies and provides
additional detail for the Adaptive Reuse provisions; and
TBS 2020-04-25 (Filed 5/3) Pg. 4
Whereas, at several meetings of the Town Codes and Ordinances Committee (COC), staff gave
presentations on the proposed amendments to the Energy Code Supplement, answered questions,
and heard comments, and on January12 and February 16, 2022, the COC recommended that the
Town of Ithaca adopt the proposed amendments to the ECS; and
Whereas, at the April 11, 2022, Town Board meeting, the Board received an update on the
proposed amendments to the ECS and given the opportunity to discuss, ask questions and offer
suggestions on the proposal; and
Whereas, a public hearing was scheduled, for April 11, 2022, at 5:30 p.m., to hear all interested
parties on the proposed local law entitled: A Local Law amending Chapter 144 to the Town of
Ithaca Code, Titled `Energy Code Supplement;" and
Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and
Whereas, the public hearing was duly held on the date and time and all parties were permitted an
opportunity to speak on behalf of or in opposition to the proposed local law, or any part of it; and
Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, adoption of the local law is an Unlisted
Action for which the Town Board of the Town of Ithaca, acting as lead agency in an
environmental review with respect to adoption of this local law, has, on April 25, 2022, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that the amendments to the ECS, and the type of development it
enables will further the health, safety, and general welfare of the community and are in
accordance with the Comprehensive Plan; now therefore, be it
Resolved, that the Town Board hereby adopts Local Law 8 of 2022: A Local Law Amending
Chapter 144 to the Town of Ithaca Code, Titled`Energy Code Supplement"
Moved: Pamela Bleiwas Seconded: Rob Rosen
Vote: aye - Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
6. Consider approval of, and authorization to sign, an agreement with Stream
Collaborative for layout planning for underutilized Town Hall space
Mr. Howe noted that this is the first step in evaluating the feasibility of using the space above the
lobby.
TB Resolution 2021 -063: Approval of and Authorization to sign an Agreement with
Stream Collaborative for plans associated with underutilized Town Hall space
Whereas the Town wishes to study the options of using an underutilized space in Town Hall, and
TBS 2020-04-25 (Filed 5/3) Pg. 5
Whereas the Town Board has reviewed the proposed agreement with Stream Collaborative for
detailing improvement/alteration plans for the space, now, therefore be it
Resolved that the Town Board approves the submitted proposal and associated agreement with
Stream Collaborative, not to exceed $5,000, and authorizes the Town Supervisor to sign same.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
7. Consider Sewer Exemption Request for TP 69.-1-1 for the New Cornell Equine
Facility project
Mr. DePaolo asked if the Health Department had been asked for their opinion, especially as to
the liability of the system.
David Vanderpoorten, Project Manager for Cornell responded that the County Health department
has reviewed, approved, and issued a OWTS (onsite wastewater treatment system) permit for the
proposed system.
Mr. Thaete added that the facility is a good distance from the two nearest sewer mains, one of
which, on Hanshaw, has capacity issues as is. The other one would require significant pumping
through Forest Home to make that connection work and Town Engineering is in full support of
the exemption request.
TB Resolution 2022 -064: Authorization for the Town Engineer to issue a Sewer
Exemption for TP 69.-1-1; New Cornell Equine Facility located on lands of New York State
Whereas the Town Engineer received a request for a Sewer Exemption from Cornell University
for TP 69.-1-1; Lands of New York State, stating the financial difficulty to connect to municipal
sewer.
Whereas the applicant has reviewed two possible connection scenarios. Option one outlines
connection to the town sewer main approximately 3200+/- feet away and the need for upgrades
of the downstream receiving sewer system. Estimated minimum cost: $350,000, which is 4.5 as
much as the designed onsite treatment system, and
Whereas option two outlines connection to the town sewer main approximately 4700+/- feet
away and the need for an additional pump station. Estimated minimum cost: $1,160,000 which is
14.5 as much as the designed onsite treatment system, and
Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the
applicant has shown unusual and extreme practical difficulties in connecting its New Equine
Facility with the public sewers for the reasons detailed in Cornell University's request to the
Town, and be it further
TBS 2020-04-25 (Filed 5/3) Pg. 6
Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the
Town Code Section 214-5 public sewer connection requirement for TP's 69.-1-1 for the
installation of a new, onsite wastewater treatment system associated with new Cornell Equine
Facility project to be constructed on the properties, subject to the consent of the Tompkins
County Health Department to this exemption.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
8. Consider referral of a request for an Open Development Area to the Planning
Board for comment
Mr. Mosely noted this parcel is 172 Ridgecrest Rd associated with the Town's water tank
improvement project installing a pump house and even though the Town owns the parcel, we are
going through the proper processes to adhere to Town Law 280a related to landlocked parcels
without street frontage, to be able to issue the building permit.
TB Resolution 2022 -065: Refer a request for an Open Development Area to the Town
Planning Board for review and comment
Resolved that the Town Board refers the request for an Open Development Area for the Town of
Ithaca Ridgecrest Road Water Tank project to the Planning Board for review and comment.
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
9. Consider setting a public hearing regarding a proposed Sewer Improvement,
pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca
Cecil A. Malone Drive Bridge Sanitary Sewer Improvement and establishing the
Town of Ithaca Cecil A.Malone Drive Bridge Sanitary Sewer Improvement Area
Mr. Howe noted the next two items are part of the Town's Capital Improvement Plan.
Mr. DePaolo asked how cost apportionments are determined for this project.
Mr. Thaete responded that the agreement identifies the Town's utilization at a rolling average of
41.57%, adding that a review of that usage should happen in the near future.
TB Resolution 2022 - 066: Order Setting a Public Hearing Regarding a Proposed Sewer
Improvement for 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 Cecil A.Malone Drive Bridge Sanitary
Sewer Improvement and establishing the Town of Ithaca Cecil A. Malone Drive Bridge
Sanitary Sewer Improvement Area
TBS 2020-04-25 (Filed 5/3) Pg. 7
Present: Rod Howe, Supervisor; Member Pamela Bleiwas, Eric Levine, Rich DePaolo, Margaret
Johnson, and Rob Rosen Moved by Eric Levine, seconded by Rich DePaolo
Whereas, a map, plan and report, 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 sewer system improvements to be known and identified as the
Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement(the"Improvement"),
to provide such Improvement to the present Town sewer system, such Improvement to be jointly
constructed and jointly owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted
area in said Town to be known as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary
Sewer Improvement Area(the "Sewer Improvement Area"); and
Whereas, the area of said Town determined to be benefited by said Sewer Improvement Area
consists of the entire area of said Town excepting therefrom the area contained within the Village
of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of
said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the
office of the Town Clerk,which map is available for inspection by any person or persons interested
in same during regular office hours at said office; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and have been filed in the office of the Town
Clerk of said Town, where the same are available during regular office hours for examination by
any person or persons interested in the subject matter thereof, and
Whereas, the Improvement proposed in connection with the establishment of the Sewer
Improvement Area consists of replacing approximately 167 LF. of 8" Cast Iron force main with
new 12" force main across the complete bridge project limit of disturbance, and installation of 88
LF of redundant 12" DIP force main for future use, as well as other ancillary and incidental
improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer
Improvement Area of 41.57% of$191,204, which is $79,483.50; and
Whereas, said maximum estimated cost shall be authorized to be financed by the Town of Ithaca
by the expenditure of current revenues and surplus funds from sewer rents and charges from said
Sewer Improvement Area,provided however, grants-in-aid may be received and utilized therefor;
and
Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said
Sewer Improvement Area by assessing, levying upon and collecting from the several lots and
parcels of land within such Sewer Improvement Area, outside of any villages, which the Town
Board shall determine and specify to be especially benefitted by the Improvement, an amount
sufficient to pay the cost, and
Whereas, said maximum estimated cost is not greater than one-tenth of one per centum of the full
valuation of the taxable real property in the area of the Town of Ithaca outside of any villages and,
TBS 2020-04-25 (Filed 5/3) Pg. 8
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 the
establishment of said Sewer Improvement Area; and
Whereas, on September 17, 2020, the City of Ithaca Board of Public Works, acting as lead agency
in a coordinated environmental review, issued a negative determination of environmental
significance under the State Environmental Quality Review Act(SEQR)for the Improvement; and
Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan
and report, including estimate of cost, and the providing of the Improvement, and to hear all
persons interested in the subject thereof concerning the same, in accordance with the provisions of
Section 209-q of the Town Law; now, therefore,be it
Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins
County,New York, at the Town Hall, 215 North Tioga Street, in Ithaca,New York, in said Town,
on May 9, 2022, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid map, plan and
report, including estimate of cost, and the question of providing the Improvement, and to hear all
persons interested in the subject thereof concerning the same and to take such action thereon as is
required by law.
Section 2. The Town Clerk is hereby authorized to cause a copy of this Order to be published
once in the official newspaper, and also to post a copy thereof on the Town signboard maintained
by the Town Clerk,not less than ten(10)nor more than twenty(20)days before the day designated
for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town
Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,which resulted
as follows: Rod Howe, aye; Pamela Bleiwas, aye; Eric Levine, aye; Rich DePaolo, aye; Margaret
Johnson, aye and Rob Rosen, aye. The resolution was thereupon declared duly adopted.
10. Consider setting a public hearing Regarding a Proposed Sewer Improvement,
pursuant to Article 12-C of the Town Law,to be known as the Town of Ithaca Stewart
Park Sanitary Sewer Pump Station #2 and Force Main Improvement and establishing
the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main
Improvement Area
TB Resolution 2022 -067: Order Setting a Public Hearing Regarding a Proposed Sewer
Improvement for 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 Stewart Park Sanitary Sewer
Pump Station#2 and Force Main Improvement and establishing the Town of Ithaca Stewart
Park Sanitary Sewer Pump Station#2 and Force Main Improvement Area
TBS 2020-04-25 (Filed 5/3) Pg. 9
Present: Rod Howe, Supervisor; Member Pamela Bleiwas, Eric Levine, Rich DePaolo, Margaret
Johnson, and Rob Rosen Moved by Pamela Bleiwas, seconded by Eric Levine
Whereas, a map, plan and report, 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 sewer system improvements to be known and identified as the
Town of Ithaca Stewart Park Sanitary Sewer Pump Station#2 and Force Main Improvement, (the
"Improvement"), to provide such Improvement to the present Town sewer system, such
Improvement to be jointly constructed and jointly owned by the Town of Ithaca and the City of
Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca Stewart Park
Sanitary Sewer Pump Station #2 and Force Main Improvement Area (the "Sewer Improvement
Area"); and
Whereas, the area of said Town determined to be benefited by said Sewer Improvement Area
consists of the entire area of said Town excepting therefrom the area contained within the Village
of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of
said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the
office of the Town Clerk,which map is available for inspection by any person or persons interested
in same during regular office hours at said office; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and have been filed in the office of the Town
Clerk of said Town, where the same are available during regular office hours for examination by
any person or persons interested in the subject matter thereof, and
Whereas, the Improvement proposed in connection with the establishment of the Sewer
Improvement Area consists of replacing approximately 745 LF. of 5" & 6" Cast Iron force main
with new 6" DIP/HDPE force main from the existing Valve vault at James L. Gibbs Drive to the
connection location at the intersection of East Shore Drive & North Cayuga Street, including the
replacement of the pump station control panel, float switches, ball valves and power conduit, as
well as other ancillary and incidental improvements and expenses in connection therewith, at a
maximum estimated cost to the Sewer Improvement Area of 41.57% of $172,810, which is
$71,837.12; and
Whereas, said maximum estimated cost shall be authorized to be financed by the Town of Ithaca
by the expenditure of current revenues and surplus funds from sewer rents and charges from said
Sewer Improvement Area,provided however, grants-in-aid may be received and utilized therefor;
and
Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said
Sewer Improvement Area by assessing, levying upon and collecting from the several lots and
parcels of land within such Sewer Improvement Area, outside of any villages, which the Town
Board shall determine and specify to be especially benefitted by the Improvement, an amount
sufficient to pay the cost, and
TBS 2020-04-25 (Filed 5/3) Pg. 10
Whereas, said maximum estimated cost is not greater than one-tenth of one per centum of the full
valuation of the taxable real property in the area of the Town of Ithaca outside of any 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 the
establishment of said Sewer Improvement Area; and
Whereas, the Town Board has determined approval, construction and implementation of the
Improvement to be a Type II Action pursuant to the regulations of the New York State Department
of Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act (SEQR) for the following reasons: the Improvement includes the purchase of equipment,
replacement in kind of facilities on the same site, and repair involving no substantial changes in
an existing structure or facility; and thus per the SEQR regulations the Improvement will not have
a significant impact on the environment, and approval, construction and implementation of the
Improvement are not subject to review under SEQR; and
Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan
and report, including estimate of cost, and the providing of the Improvement, and to hear all
persons interested in the subject thereof concerning the same, in accordance with the provisions of
Section 209-q of the Town Law; now, therefore,be it
Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by the Town Board, at Town Hall, 215 North Tioga
Street, Ithaca, New York, on May 9, 2022, at 5:30 o'clock P.M., Prevailing Time, to consider the
aforesaid map, plan and report, including estimate of cost, and the question of providing the
Improvement, and to hear all persons interested in the subject thereof concerning the same and to
take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized to cause a copy of this Order to be published
once in the official newspaper, and to post a copy on the Town signboard maintained by the Town
Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the
hearing as aforesaid, in accordance with the provisions of Section 209-q of the Town Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,which resulted
as follows: Rod Howe, aye; Pamela Bleiwas, aye; Eric Levine, aye; Rich DePaolo, aye; Margaret
Johnson, aye and Rob Rosen, aye. The resolution was thereupon declared duly adopted.
11. Consider setting a public hearing regarding a Noise Permit application — Elm
St Ext/West Haven Rd
TB Resolution 2022 -068: Setting public hearings regarding a Noise Permit application for
amplified music/yard socials multiple days a week June and July
TBS 2020-04-25 (Filed 5/3) Pg. 11
Whereas, David Robertson has submitted a noise permit application for a summer series of lawn
music following Grateful Dead broadcast concerts between 7 and 10 p.m., now therefore be it
Resolved, that the Town Board will hold a public hearing at their meeting beginning at 5:30 p.m.
on Monday, May 9, 2022,regarding said noise permit application, at which time all persons
wishing to address the Town Board on the application shall be heard.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
12. Consider Declaration of the month of May as Building Safety Month
Mr. Mosely thanked the Board for considering this resolution and taking the proclamation
seriously for residents to have a safe place to work and live, noting that this is a nationally
recognized effort toward awareness.
TB Resolution 2022 -069: Proclamation—May is Building Safety Month
Whereas, the Town of Ithaca is committed to recognizing that our growth and strength depends on
the safety and economic value of the homes, buildings and infrastructure that serve our citizens,
both in everyday life and in times of disaster, and
Whereas, our confidence in the resilience of these buildings is achieved through building safety
and fire prevention officials, architects, engineers, builders, tradespeople, design professionals,
laborers, plumbers, and others in the construction industry—who work year-round to ensure the
safe construction of buildings, and;
Whereas, modern building codes include safeguards to protect the public from hazards such as
hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and;
Whereas, Building Safety Month is sponsored by the International Code Council to remind the
public about the critical role of our Construction Professionals and Officials, and
Whereas, "Prevent, Prepare, Protect. Building Codes Save," the theme for Building Safety Month
2021, encourages all Americans to raise awareness about the importance of safe and resilient
construction; fire prevention; disaster mitigation, energy conservation; water safety; training the
next generation; and new technologies in the construction industry, and
Whereas, each year, in observance of Building Safety Month, people all over the world are asked
to consider the commitment to improve building safety, resilience and economic investment at
home and in the community,and to acknowledge the essential service provided to all of us by local
and state building departments, fire prevention bureaus and federal agencies in protecting lives
and property, now therefore be it
TBS 2020-04-25 (Filed 5/3) Pg. 12
Resolved that the Town Board of the Town of Ithaca hereby proclaims the Month of May as
Building Safety Month.
Moved: Pamela Bleiwas Seconded: Margaret Johnson
Vote: ayes—Howe, DePaolo, Bleiwas, Johnson, Levine, and Rosen
13. Report of Town Officials and Committees
Budget: Mr. Levine reported that Donna gave a presentation on an investment opportunity called
NY Class to get a little higher interest rate yield which was recommended to the Board for
action. We now have the ability to accept ACH payments for water/sewer bills, which many
residents have asked for. Payments are automatic and reoccurring for the billed amount and does
not involve a third-party fee typical with credit card payments. The amount is taken directly
from the users' bank account. Donna is also working on consolidating accounts to reduce budget
modifications and individual line items.
Codes and Ordinances: Ms. Ritter reported that the committee discussed telecommunications
law and the public was invited to share comments. The biggest concerns are radiation and set
back distances of small cell facilities, with the public strongly encouraging the Town to
implement large setbacks. The Committee hopes to have draft revisions for the Tow Board soon.
Personnel and Organization: Ms. Bleiwas reported the committee discussed the changes in
NYS Law regarding remote meeting attendance and an associated policy. This will need to be
done by a local law, for which we just set a public hearing. There are requirements, such as a
quorum being necessary in one or more publicly accessible locations and advertising those and
having your video on at all times in order to vote. A policy also needs to be adopted outlining
other guidelines that will need to be followed. Lastly, we also began discussion on revisions to
the Employer Vehicle Use section of the Employee Manual.
Planning: Mr. DePaolo reported the committee discussed a memo prepared by Staff related to
the Inlet Valley overlay zone changes; the size of the high-density area brought further north to
keep out of ag areas, size of hospitality businesses and campgrounds and how they may be more
space and resource intensive than perhaps wanted. Also continued discussion on the town's
pedestrian facilities maps and using criteria to prioritize areas for development of sidewalks,
trails, and other infrastructure that may become feasible in the near future.
Public Works: No Meeting
Ithaca Festival Parade Committee: Mr. Thaete reported on the general that the theme for the
parade is Past, Present, and Future and plans and props are in motion.
14. Consent Agenda
TB Resolution 2022 -070: Town of Ithaca Abstract 8 for FY-2022
TBS 2020-04-25 (Filed 5/3) Pg. 13
Resolved that the Town Board authorizes payment of the submitted and audited vouchers in total
for the amounts indicated below:
VOUCHER NOS. 453 -516
Cameral Fund Town Wide 36,26.06
General Fund Part-Town 3,259.98
Highway Fund Town Wide DA 24,084.69
-.Highway...Fund..Part..Town DB 13,800.57
Water Fund 8,635.52
Sewer Fund 359,555,91
Fire Protection Fund 607,076.43
Trust and Agency 2,000.00
Debt Service 60.00
TOTAL 1,055,299,16
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: ayes Howe, ePaolo, Bleiwas, Johnson, Levine, and Rosen
15. Correspondence
Comment on the Ithaca Beer Company noise permit.
Mr. Howe reported that the town is still in need of a Zoning Board of Appeals (ZBA) Member so
if anyone knows of someone that would be a good fit, please approach them.
Motion made by Mr. DePaolo at 5:57 p.m. to enter executive session to discuss the employment
history of a particular person, seconded by Rod Howe, unanimous.
Motion made at 6:04 p.m. by Mr. DePaolo to reenter open session and adjourn; seconded by
Ms. Bleiwas, unanimous.
Submitted by
Becky Jor an eputy Town Clerk
TBS 2020-04-25 (Filed 51'3) 11g, 14
Real Property Tax Law Section 470: Green Buildings
Construction of improvements as specified in local law and is certified as meeting one of three
levels of energy efficiency and environmental standards is partially exempt from taxation but
still liable to special ad valorem levies and special assessments. Such partial exemption is
valued by the value added to the property by the improvements and varies according to the
level of certification standard:
Year of exemption Percentage of exemption
Certified/Silver Gold Platinum
1 100 100 100
2 100 100 100
3 100 100 100
4 80 100 100
5 60 80 100
6 40 60 100
7 20 40 80
8 0 20 60
9 0 0 40
10 0 0 20
• Property must meet standards established by SEED, the Green Building Initiative's Green
Globes rating system, the national green building standards as approved by the
American National Standards Institute (ANSI), or substantially equivalent green building
standards determined by the taxing jurisdiction. The property must be certified by an
accredited professional.
• The construction or reconstruction project must be documented by a building permit or
other documentation as required by the assessor.
• Property must be owned by an individual(s) or by a private organization.
Local Options:
1. The governing board must pass a local law or ordinance to adopt the exemption after a
public hearing.
2. The governing board may establish a maximum exemption amount in its local law or
ordinance after a public hearing. (For example, the County established a $100,000
maximum when they adopted the exemption.)
3. The taxing jurisdiction may specify any date after January 1, 2013 as the date after
which the construction or reconstruction must have commenced for the property to be
eligible for exemption.
Real Property Tax Law Section 4214: Capital Improvements
One- and two-family residential buildings that are reconstructed, altered, or improved under
certain conditions are exempt from taxation and special ad valorem levies to the extent of an
annually declining percentage of at least some of the increase in the property's assessed value
attributable to the reconstruction, alteration, or improvement. No exemption is allowed for
special assessments. Local taxing jurisdictions may limit the types of construction projects
eligible for exemption and the percentages of exemption.
Year of exemption Percentage of exemption base
1 100
2 87.5
3 75
4 62.5
5 50
6 37.5
7 25
8 12.5
• The extent of the exemption is determined by the exemption base and the percentage
of that base allowed as exempt each year. The exemption base is defined as the
increase in assessed value as determined in the initial year of the term of exemption.
• Property must be used as a residential building for not more than two families.
• The value of the construction project must exceed $3,000 and must be of the type
allowed exemption by the taxing jurisdiction (see below); the project may not be one of
ordinary maintenance or repairs.
• The greater portion of the building, as measured by the square footage, of the building
reconstructed, altered or improved, must be at least five years old.
Local Options:
1. The governing board must pass a local law or ordinance to adopt the exemption after a
public hearing.
2. Any taxing jurisdiction may reduce the percentage of exemption allowed in each year by
state law (see table above).
3. State law limits the exemption to a maximum of$80,000 in increased market value.
Local taxing jurisdictions may reduce this maximum to any amount not less than $5,000.
4. A taxing jurisdiction may limit the forms of reconstruction, alteration, or improvement
eligible. The County also included a provision that the exemption must be applied for
within 1 year of completion of the project.
Real Property Tax Law Section 485-g: Residential Subdivision Infrastructure
Residential building lots which are part of a subdivision for residential development which
includes infrastructure intended to be dedicated to a municipality are exempt from taxation
to the extent of the increased assessed value of such lots resulting from the addition of such
infrastructure but are liable for special ad valorem levies and special assessments. The
duration of the exemption extends from the time the exemption is granted until the
issuance of a certificate of occupancy, but in no event longer than three years following the
granting of the exemption.
• Property must be owned by a private individual or organization.
• Property must be located on residential building lots which are part of a subdivision
plat for residential development which includes infrastructure intended to be
dedicated to the municipality.
• The owner of the subdivision must file a subdivision plat which shows the facilities
which comprise the infrastructure eligible for this exemption — i.e. streets, storm and
sanitary sewers, drainage facilities and any other facilities required by the
municipality.
Local Options:
1. The governing board must pass a local law or ordinance to adopt the exemption after a
public hearing.
Real Property Tax Law Section 467: Persons 65 years of age or older
Originally adopted by the Town on March 8, 1971. Income limits should be updated.
Local Law section 239-2:
A. Pursuant to the provisions of§467 of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca, owned by one or more persons, each
of whom is 65 years of age or over, or real property owned by husband and wife or by
siblings, one of whom is 65 years of age or over, or real property owned by one or more
persons, some of whom qualify under § 467 and the others of whom qualify under §
459-c of the Real Property Tax Law of the State of New York, shall be partially exempt
from taxation by said Town for the applicable taxes specified in said § 467 based upon
the income of the owner or combined incomes of the owners. Such partial exemption
shall be to the extent set forth in the schedule following:
[Last amended 1-12-2009 by L.L. No. 2-2009
Percentage Assessed
Annual Income of Owner or Valuation Exempt From
Combined Annual Income of Owners Taxation
Up to and including $28,000 50%
More than $28,000 but less than $29,000 45%
$29,000 or more but less than $30,000 40%
$30,000 or more but less than $31,000 35%
$31,000 or more but less than $31,900 30%
$31,900 or more but less than $32,800 25%
$32,800 or more but less than $33,700 20%
$33,700 or more but less than $34,600 15%
$34,600 or more but less than $35,500 10%
$35,500 or more but less than $36,400 5%
Amend table to increase "M = $29,000"
Percentage
Annual Income of Owner or Combined Assessed
Annual Income of Owners Valuation Exempt
Up to and including$29,000 50%
More than$29,000 but less than$30,000 45%
$30,000 or more but less than$31,000 40%
$31,000 or more but less than$32,000 35%
$32,000 or more but less than$32,900 30%
$32,900 or more but less than$33,800 25%
$33,800 or more but less than$34,700 20%
$34,700 or more but less than$35,600 15%
$35,600 or more but less than$36,500 10%
$36,500 or more but less than$37,400 5%
Real Property Tax Law Section 459-c: Persons with disabilities and limited incomes
Originally adopted by the Town on February 9, 2004. Income limits should be updated.
Town Law section 239-12:
A. Pursuant to the provisions of§459-c of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca, owned by one or more persons with
disabilities as defined in § 459-c, or by a husband, wife, or both, or by siblings, at least
one of whom has such a disability, or real property owned by one or more persons,
some of whom qualify under § 459-c and the others of whom qualify under §467 of the
Real Property Tax Law of the State of New York, and whose income is limited by reason
of such disability, shall be partially exempt from taxation by said Town for the applicable
taxes specified in said § 459-c based upon the income of the owner or combined
incomes of the owners. Such partial exemption shall be to the extent set forth in the
schedule following:
[Last amended 1-12-2009 by L.L. No. 3-20091
Percentage Assessed
Annual Income of Owner or Valuation Exempt From
Combined Annual Income of Owners Taxation
Up to and including $28,000 50%
More than $28,000 but less than $29,000 45%
$29,000 or more but less than $30,000 40%
$30,000 or more but less than $31,000 35%
$31,000 or more but less than $31,900 30%
$31,900 or more but less than $32,800 25%
$32,800 or more but less than $33,700 20%
$33,700 or more but less than $34,600 15%
$34,600 or more but less than $35,500 10%
$35,500 or more but less than $36,400 5%
Amend table to increase "M = $29,000"
Percentage
Annual Income of Owner or Combined Assessed
Annual Income of Owners Valuation Exempt
Up to and including$29,000 50%
More than$29,000 but less than$30,000 45%
$30,000 or more but less than$31,000 40%
$31,000 or more but less than$32,000 35%
$32,000 or more but less than$32,900 30%
$32,900 or more but less than$33,800 25%
$33,800 or more but less than$34,700 20%
$34,700 or more but less than$35,600 15%
$35,600 or more but less than$36,500 10%
$36,500 or more but less than$37,400 5%