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HomeMy WebLinkAboutTB Minutes 2022-09-26MEETING OF THE ITHACA TOWN BOARD September 26, 2022 at 4:30 p.m. AGENDA 1. Public hearings regarding: a. Proposed local law amending Chapter 59, Public Works Department, of the Town of Ithaca Code i. Consider adoption ii. Approval of Job Description and Acknowledge Appointment b. Proposed local law adding a Vehicle Length Limits Article to Chapter 250, `Vehicles and Traffic", of the Town of Ithaca Code i. Consider adoption c. Proposed increase to the Ridgecrest Water Improvement Project (Public Interest Order) i. Consider adoption ii. Consider award of contract 2. Consider setting public hearings regarding: a. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2023 b. Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit Areas 3. Consider authorization to sign Snow & Ice Agreement with Tompkins County 4. Consider authorization to sign a contract with Vonage for telephone services 5. Committee Reports a. Budget b. COC c. Personnel and Organization. d. Planning e. Public Works f. Ad Hoc/Other Committees 6. Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract pulled 7. Report of Town Officials a. Discussion on correspondence protocols and related actions TOWN OF ITHACA 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New Yorl, that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notic has been duly published in the official newspaper, Ithaca.lournal: • Proposed LL Adding Vehicle Length Limits to Chapter 250 • Proposed LL Amending Chapter 59 to Clarify Duties & Responsibilities of Deputies Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 1-0411j, 12 Sworn to and subsc of September 2022. N6-tary Publi before me this 13"' day BECKY L. JORDAN NOTARY PUBLIC I STATE Of NEW YORK Registration No. DI 306186381 Qualified in Tompkins County C ruission Expires APRIL 28,20., 0 = Town of Ithaca Notice of Public Hearings The Town Board will hold public hearings at their meeting to be held virtually on September 26, 2022, on the ZOOM audio/visual platform and broadcast live on the Town of Ithaca You Tube Live Meetings site, links are available at www.townofithaca.com, beginning at 4:30 pm. regarding: a. A proposed local law adding a Vehicle Length Limits Article to Chapter 250, 'Vehicles and Traffic, of the Town of Ithaca Code b. A proposed local law amending Chapter 59 Public Works Department to clarify duties and responsibilities of deputies At such time, all persons interested in addressing the Board on the above proposed local laws will be heard. Comments may be submitted via email or USPS to Town Clerk, 215 N. Tioga St., Ithaca, NY 14850 or clerks@town.ithaea.ny.us. Paulette Rosa Town Clerk 9/13/2022 a 111010111 V 0 Proposed Increase in the Maximum Amount to be Expended Ridgecrest Road Water Improvement project Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 ONE I Jo n To erk STATE OF NEW YORK) • Sworn to and subscribed before me this 131" day of September 2022. ........... i Notary , blic ABBY L HOMER Notary Public - State of New York W 01HO6086105 Qualified in Cortland County My Commission EVires Jan, 13,20 to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 26th day of September, 2022, at 4:30 o'clock P.M., Prevailing Time, to consider the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the Improvement, with funding for the entire Improvement to come frorn grants-in-aid, and to hear all persons interested in the sulrject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with funding for the entire Improvement to come from grants-in-aid, with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law, Section 3. This Order shall take effect immediately. M Paulette Rosa, Town Clerk 9:' 13/2022 MEETING OF THE ITHACA TOWN BOARD September 26, 2022 Under NYS Laws of 2022, Chapter 56, this meeting was held in a hybrid fashion, with in person attendance permitted and some staff members attending virtually. Minutes Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Margaret Johnson, Bill Goodman, and Rob Rosen. Absent: Pamela Bleiwas Staff Present: Judy Drake, Donna Shaw, Dan Thaete, Susan Ritter, Marty Moseley, John Little, Joe Talbut, and Becky Jordan 1. Mr. Howe called the meeting to order at 4:31 p.m. Mr. Howe welcomed the Town Board back to the Board room for the first in person meeting in a long time. He stated that although everything is functional, there may be some sound glitches until we receive better sound/speaker equipment. Reminder that the Budget meeting is October 6`I' at 5:30 p.m. and the second October meeting is October 17"' at 5:30 p.m. 2. Public hearings regarding: a. Proposed local law amending Chapter 59, Public Works Department, of the Town of Ithaca Code i. Consider adoption ii. Approval of Job Description and Acknowledge Appointment Mr. Howe stated that this entails revising administrative title and clarifying duties and responsibilities of deputies. Mr. Howe opened the public hearing at 4:32 p.m. There was no one wishing to address the board and the public hearing was closed. TB Resolution 2022 —143: Adoption of Local Law 16 of 2022 Amending Town of Ithaca Code Chapter 59, Public Works Department, to revise administrative titles and to clarify duties and responsibilities of deputies Whereas the Personnel and Organization Committee, the Public Works Committee and the Town Board have discussed the need for revisions to the administrative titles and duties in the Public Works Department, and Whereas a public hearing on the proposed local law amending Town of Ithaca Code Chapter 59, Public Works Department, to revise administrative titles and clarify duties and responsibilities of deputies was duly advertised and held, and Whereas, pursuant to 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 said local law is a Type II action as it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment"; and further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the" Type II list, and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it Resolved that the Town Board hereby adopts Local Law 16 of 2022, entitled "A local law to amend Chapter 59, Public Works Department, of the Town of Ithaca Code3 to revise administrative titles and to clarify duties and responsibilities of deputies." Moved: Bill Goodman Seconded: Rich DePaolo Vote: ayes - Howe, Johnson, DePaolo, Goodman, Levine, and Rosen TB Resolution 2022 —144: Creation of Acting Director of Public Works Role, Authorize Stipend, and Acknowledte the Appointment of Whereas, there are times when the Director of Public Works/ Highway Superintendent is out of the office for vacation, medical and other reasons, and desires to establish a second in command role without creating an additional position by appointing the additional role to a current employee in the position of Deputy Highway Superintendent, Parks Maintenance Manager or Water and Sewer Maintenance Supervisor, pursuant to Local Law Chapter 59; and Whereas, the Personnel & Organization committee reviewed the responsibilities of the Acting Director of Public Works role and responsibilities and recommends the creation of the Acting Director of Public Works designation and recommends a $75 bi-weekly stipend; and Whereas, the Director of Public Works has designated Joseph Talbut, Parks Maintenance Manager, as the Acting Director of Public Works, effective September 26, 2022; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby create the Acting Director of Public Works role, and establishes a biweekly stipend for the extra responsibility in the amount of $75 for physical years 2022 and 2023; and be it further Resolved, the Town Board acknowledges the appointment of Joseph Talbut as the Acting Director of Public Works, effective September 26, 2022. Moved: Rich DePaolo Seconded: Rob Rosen Vote: ayes — Howe, DePaolo, Goodman, Johnson, Levine, and Rosen b. Proposed local law adding a Vehicle Length Limits Article to Chapter 250, `Vehicles and Traffic", of the Town of Ithaca Code i. Consider adoption Mr. Howe opened the public hearing at 4:35 p.m. Mr. Engman spoke in his role as the Forest Home Improvement Association, commenting that he was astounded that Forest Home was not included in this. The problem they have with tractor trailers in Forest Home is not weight but length that causes problems. The Forest Home Improvement Association has been asking for this law for over 10 years and now that it's come the community is left out. We don't understand nor do we accept it. Forest Home must be included in this law. Mr. Brittain commented that there are tight intersections and curves in Forest Home. Finally, the Town comes through with the legislation and at the last-minute Forest Home is failed. It is thought that we don't need a length limit because we have a weight limit. This Is not true. Countless trucks get stuck at intersections at the tight curves. Please include Forest Home. Mr. Howe shared that the first resolution did mistakenly read hamlet of Forest Home. Our Public Works Committee talked about this at great length and for a variety of reasons decided there are other things in place to address Forest Home. Based on conversations with legal counsel we decided to move forward just with Sand Bank Road. Mr. DePaolo shared that there were some conversations with counsel that are creating potential extenuating circumstances. It is not as simple as we are ignoring the request of Forest Home. Mr. Goodman inquired whether residents of Forest Home were aware of the Public Works Committee discussions on this topic. Mr. Howe stated that yes, he knows members of the Forest Home community do pay attention the to agenda. TB Resolution 2022 -145: Adoption of a local law Adding a Vehicle Length Limits Article to Chapter 250 (Vehicles and Traffic) of the Town of Ithaca Code Whereas the Town's Highway Superintendent has received numerous comments and complaints about vehicle traffic issues on Sandbank Road, and Whereas the Town's Public Works Committee and Town Board have discussed the issue(s) and determined the best course of action is to revise the Town of Ithaca Code Chapter 250, "Vehicles & Traffic" to address a variety of issues, and Whereas, the Town Board finds that the proposed local law will further the health and welfare of the community, and Whereas, pursuant to 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 said local law is a Type II action as it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment"; and further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the" Type II list, and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it Resolved, that the Town Board adopts Local Law 17 of 2022, entitled Adding a Vehicle Length Limits Article to Chapter 250 (Vehicles and Traffic) of the Town of Ithaca Code. Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes - Howe, DePaolo, Levine, Goodman, and Rosen. Abstained - Johnson c. Proposed increase to the Ridgecrest Water Improvement Project (Public Interest Order) i. Consider adoption ii. Consider award of contract Mr. Howe opened the public hearing at 4:45 p.m. There was no one wishing to address the board and the public hearing was closed. TB Resolution 2022 —146: Order Increasing the Maximum Amount to be Expended for the Town of Ithaca Ridgecrest Road Water Improvements Project from $1,096,365 to $1,261,700, with the Entire Proiect Funded by Grants -in -Aid Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Bill Goodman, Rob Rosen and Margaret Johnson Moved: Rod Howe Seconded: Rich DePaolo Whereas, on March 14, 2022, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Ridgecrest Road water improvements project (the "Improvement") and the establishment of the Ridgecrest Road Water Improvement Area ("Water Improvement Area"), through TB Resolution 2022-031; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $1,096,365, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $1,096,365; and Whereas, because of anticipated increased material and construction costs in 2022, the Town Engineer has prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $1,096,365 to $1,261,700; and Whereas, TB Resolution 2022-031 states the method of financing the Improvement would be by the issuance of serial bonds issued by the Town; the Town has now determined that grants-in-aid are sufficient to fund the entire Improvement; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area, and Whereas the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement in the maximum amount to be expended by the Town of Ithaca from $1,096,365 to $1,261,700, with funding for the entire Improvement to come from grants-in-aid; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca, Tompkins County, New York, does hereby authorize the increase in the maximum amount to be expended by the Town of Ithaca from $1,096,365 to $1,261,700, with funding for the entire Improvement to come from grants-in-aid. 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; Rich DePaolo, aye; Eric Levine, aye; Bill Goodman, aye; Rob Rosen, aye and Margaret Johnson, aye. The order was thereupon declared duly adopted. Award of contract overlooked. 3. Consider setting public hearings regarding: a. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2023 b. Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit Areas TB Resolution 2022 —148: Setting_public hearings for October 17, 2022 Resolved that the Town Board will hold public hearings at its October 17, 2022, meeting beginning at 5:30 p.m., regarding the following: a. Approval of the 2022 Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit Areas b. Approval of the Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2023 at which time the public may be heard concerning the same. Information on the above items is available from the Town Clerk's Office and online at www.town.ithaca.ny.us Moved: Eric Levine Seconded: Rob Rosen Vote: ayes — Howe, DePaolo, Goodman, Levine, Rosen and Johnson 4. Consider authorization to sign Snow & Ice Agreement with Tompkins County Mr. Howe stated this comes up every 3 years and would go into effect October I" through September 30, 2025. Mr. DePaolo asked for clarification on who pays who. If we are responsible for clearing over 9 miles of county road and the county is responsible for clearing 3.5 miles of town road, it would appear that we would come out ahead in that arrangement, yet the resolution authorizes an expenditure. What is the give and take? Mr. Talbut stated he understands it as the county pays us. Mr. Howe suggested a change in wording after the last resolve. TB Resolution 2022 - 149: Approval of and authorization to sign, a three-year Snow and Ice Agreement with Tompkins County Whereas, the Town of Ithaca and Tompkins County have contracted with each other for removal of snow and ice from County and Town roads since October 2002; and Whereas, the current contract will expire on September 30, 2022; and Whereas, the agreement has been submitted for renewal of a 3-year term, from October 1, 2022, through September 30, 2025; and Whereas, the Town Board reviewed the Agreement as submitted at its September 26, 2022, meeting, now, therefore, be it Resolved, that the Town Board authorizes the Town Supervisor to execute the Snow & Ice Agreement with Tompkins County as submitted. Moved: Eric Levine Seconded: Rich DePaolo Vote: ayes — Howe, DePaolo, Goodman, Levine, Rosen and Johnson 5. Consider authorization to sign a contract with Vonage for telephone services Mr. Howe stated that we interviewed four companies and John Little and staff felt that Vonage was our best option. It will be a cost savings to the town of approximately $1500 per month. TB Resolution 2022 - 150: Approval of, and authorization to sign, a contract with Vonnee Business Communications Whereas the Director of Information Technology (Director) began exploring options for web -based communication services in 2021, and Whereas the Director interviewed four companies and hosted three demonstrations for Town Management Team and all Town Staff, and Whereas the Director and Staff felt that Vonage Business Communications was the best value and the best fit for the Town, and Whereas the contract with Vonage is for a 5-year term, saving the Town approximately $1,500 a month versus the current provider, now therefore be it Resolved that the Town Board hereby approves of the contract with Vonage Business Communications as submitted and authorizes the Town Supervisor to execute same on behalf of the Town. Moved: Margaret Johnson Seconded: Rich DePaolo Vote: ayes — Howe, DePaolo, Johnson, Levine, Rosen and Goodman 6. Committee Reports a. Budget Mr. Levine's report was not picked up on audio b. COC Mr. Goodman reported that COC met twice since the last meeting. Continue work on telecommunications law, revisions and updates. At the September meeting I opened it up for public comment and we heard from community members on their concerns about 5G. Many comments were in regard to the setback distance of small cell facilities from homes, schools, nursing facilities and other such facilities. We're still looking at all other sections of the law. While revising our telecommunications law, it will not just deal with 5G but include cell towers. The main impetus for the change in the law is to update it based upon new federal guidelines to incorporate. We're looking at what other municipalities have done and recent laws they have adopted to see if there are provisions we would want to include. At the next meeting, possibly the first Wednesday of November, we will take a break from telecommunications to discuss changes to the Ithaca Energy Code supplement to encourage more green building in the town based on feedback we've gotten from the state. c. Personnel and Organization Ms. Drake reported that they next meet Monday. d. Planning Mr. DePaolo reported that discussion continued on modification to the limited historical commercial zone language. As most of you know we're proposing to allow certain uses there that will enable property owners to maintain those properties in a way that is in keeping with their historic designation. One of the proposals is to eliminate the reporting requirement associated with short-term rental uses. There is no limit on the number of days, so they are more or less in line with our hosted rentals. The presumption is that they will be subject to property inspections in conjunction with whatever preservation plan is devised in accordance with their historic designation with their historic commercial property. We looked at modifying the solar law to create a category for larger facilities to be installed in our ag zones. Attention is being paid to try to prevent clear cutting for the purpose of installing solar. Currently the largest proposed tier allows up to 35 acres of solar. We're also investigating the use of Agri voltaic which would allow certain cover crops to be grown but also require that the collectors to be raised sufficiently to allow for machinery and sunlight. e. Public Works Mr. Howe reported that 80-85% of streetlights have been converted to LED. Public Works wants to come up with a policy to help address when we would be willing to add/change streetlights. We will have to budget to make additional changes to our streetlights. Still working on the technology to allow us to dim the streetlights. £ Ad Hoc/Other Committees Mr. Goodman reported they are trying to set up a meeting with NYSEG regarding the draft easement to secure use of their old railroad bed property to extend the South Hill trail. Once there is final language in the agreement it will be brought to the town board for a public hearing. The town along with Caroline, Danby, and Dryden applied for the county tourism grant to try to get funds for a feasibility study to look at how we would implement creating a trail along the stretch through different areas. There are areas that will need some work done such as shielding from neighbors with concerns about having the trail near their property. 7. Consent Agenda a. Approval of Town Board Minutes - None b. Approval of Town of Ithaca Abstract c. Approval of eBid Policy — pulled TB Resolution 2022 - 151: Consider Consent Agenda Items a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract Moved: Eric Levine Seconded: Margaret Johnson Vote: ayes — Howe, DePaolo, Johnson, Goodman, Levine, and Rosen TB Resolution 2022 - 151a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of July 11, 2022, with non- substantive changes made if needed. TB Resolution 2022 - 151b: Town of Ithaca Abstract No. 18 for FY-2022 Resolved that the Town Board hereby authorizes payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 1047 - 1103 General Fund Town Wide 175,775.15 General Fund Part -Town 23,364.17 Highway Fund Town Wide DA 256,133.42 Highway Fund Part Town DB 8,827.68 Water Fund 189,869.40 Sewer Fund 76,886.26 Fire Protection Fund 290,000.00 Trust and Agency 7,442.54 TOTAL 1,028,295.62 8. Report of Town Officials a. Discussion on correspondence protocols and related actions Mr. DePaolo reported that there seems to be a potential loophole in the language of our short term rental law that exempts cooperatives. I think the exemption was included under the assumption that cooperatives are largely the principal residences of the occupants but there is an unforeseen consequence that allows for a cooperative to be formed without any limitation as to the number of units that can be included in the cooperative and without any limitation as to the number of permits the cooperative can subsequently obtain. To potentially close that loophole, I propose adding a principal residency of an active proprietary lease requirement. Essentially, they are afforded the same benefits as Hosted rentals having the added benefit of not being subject to inspections and reporting requirements under the assumption that the cooperative corporation has some sort of internal oversight. One of the primary reasons for the law was to prevent corporations from buying unlimited properties, getting unlimited permits and having unlimited days. In order to get the benefit of the exemption the requirement is that the property must be the owner's principal residence. That means that the owner has to live there, they have to sleep there for at least 180 days of the year. M I ZIMMU fffl�rlgnlrmm 019"No some sort of internal oversight. One of the primary reasons for the law was to prevent corporations from buying unlimited properties, getting unlimited pen -nits and having unlimited owner's principal residence. That means that the owner has to live there, they have to sleep there for at least 180 days of the year. Mr. Howe reported that it came to Codes attention that private parking really isn't allowed on The Byway in Forest Home. Some residents with properties there don't have a choice. It's a private road that has been there for over 100 years. He asked the board if they were A with his writing a letter on behalf of the board to the state variance board. The state variance board meets on October 10. Each individual Byway property owner that wants a variance for parking has had to submit for a variance, Ms. Ritter announced her target retirement date of January 27 1h M Submitted by �i %ICI B y Jor Depu eck ty Town Clerk TB 2022-09-26 (Filed 1 Odq 2) Pg,,'9