The URL can be used to link to this page

Home My WebLink AboutTB Minutes 2023-01-09MEETING OF THE ITHACA TOWN BOARD January 9, 2023- 5:30 p.m. This meeting will be on ZOOM (ID 98910958241) and our YouTube Link for your convenience. AGENDA 1. Call to Order and Pledge of Allegiance 2. Consider Resolution of Appreciation — Honorable Justice David Klein 3. Persons to be Heard 4. Consider approval of Town Board Meeting Schedule for 2023 5. Acknowledge Supervisor's Town Board Member Committee appointments and confirm Staff, Citizen Advisory, and Intermunicipal Organization Committee/Board appointments 6. Consider appointments to the Planning Board, Zoning Board of Appeals and Conservation Board 7. Consider NYS Association of Towns' Resolutions for 2023 and designation of the Official Delegate for the 2023 Annual Meeting 8. Consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town 9. Consider approval of the Highway Expenditures Agreement 10. Consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval 11. Consider adoption of revised Board Protocol Manual 12. Consider annual approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Procurement Policy, and Green Fleet Policy 13. Public hearing regarding a local law amending Town of Ithaca Code, Chapter 144, Energy Code Supplement a. SEQR b. Adoption 14. Consider actions associated with the Town's Deer Management Program 2023: a. Deer Damage Permit application to DEC b. License agreement with Conifer Realty for use of land — Overlook Apartments area c. License agreement with the City of Ithaca for use of land — Six Mile Creek area d. Variance for use of Culver and Glenside Preserves 15. Consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for support of its parks 16. Consider setting a public hearing regarding a proposed local law amending Town of Ithaca Code, Chapter 270 establishing an Inlet Valley Overlay District 17. Consider award of Town Hall Weatherization contract for professional services 18. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Budget Amendments e. Designation of Official Depositories of Town Funds f. Designation of Official Newspaper of the Town g. Official Bonds of Town Officers and Employees h. Increase Open Space Plan Account 19. Report of Town Officials, Committees, and review of Correspondence 20. Consider adjournment MEETING OF THE ITHACA TOWN BOARD January 9, 2023 Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; Susan Ritter, Director of Planning; Paulette Rosa, Town Clerk; Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and Dan Thaete, Director of Engineering 1. Call to Order and Pledge of Allegiance Mr. Howe called the meeting to order at 5:30 p.m. 2. Consider Resolution of Appreciation — Honorable Justice David Klein Mr. Howe stated that a reception was just held for Justice Klein and he was presented with the resolution. David Klein served the town and the community in his various roles for over 41 years, which is a tremendous amount of service and dedication we are all grateful for. TB Resolution 2023-001: Appreciation for David Klein's Years of Service to the Community Whereas, David Klein was appointed and served on the Planning Board from January 1, 1981 through December 9, 1988;.and Whereas, David Klein was elected to the Town Board effective January 1, 1989, to serve out the remaining three years of a vacated seat and was appointed by the Town Board to start serving as a Town Board Member effective December 12, 1988; and Whereas, David Klein was reelected to serve three consecutive four-year terms from January 1, 1992 with his term of office ending December 31, 2003; and Whereas, David Klein was appointed as a Town Justice April 1, 2004, and was elected as Town Justice January 1, 2005, in which he was reelected to serve five consecutive four-year terms, before he retired from the Town on December 31, 2022; and Whereas, during his eight years of service on the Planning Board, fifteen years of service on the Town Board, and over eighteen years of service as a Judge, David Klein has been an effective, dedicated leader in addressing the needs of the communities and providing consistent devotion to the citizens he serves; and Whereas, during his years of service as Town Justice, David Klein skillfully balanced his competing responsibilities of protecting the rights of the accused while ensuring the safety of the TB 2023-01-09 (Filed 2/7) Pg. 1 community; and Whereas, Judge Klein was known for treating everyone in his courtroom, from defendants, to attorneys, to witnesses, with dignity and respect, and showed compassion for people facing difficult circumstances in their lives; and Whereas, the Town of Ithaca is indebted to David Klein for his forty-one (41) years of exemplary service to the Town and wishes to express its appreciation to him for his lifetime of contributions; now, therefore, be it Resolved that on this 9th day of January in 2023, the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and residents, expresses its sincere gratitude to David L. Klein for his distinguished, articulate and dedicated service to our community. Moved: Pamela Bleiwas Seconded: Margaret Johnson Vote: ayes — Bleiwas, Johnson, Howe, Levine, Goodman, DePaolo, and Rosen 3. Persons to be Heard Bruce Brittain spoke, saying that he wanted to take the opportunity to thank the Board for all they do. He also reported that Cornell will be demolishing George Warren's historic equine research barn and gave a brief history of Mr. Warren. Mr. Howe noted that this is the Organizational Meeting and many of the next items are standard yearly resolutions setting out the framework we work within and are familiar with. 4. Consider approval of Town Board Meeting Schedule for 2023 TB Resolution 2023 - 002: Set Dates for 2023 Meetings of the Town Board Whereas the Town Board generally meets on the second and fourth. Mondays of each month at 5:30 p.m. and 4:30 respectively unless pushed to the following week due to holiday observance schedules; on the first Thursday in October for a Budget Meeting and the Year End Meeting is the last Wednesday of December, now therefore be it Resolved that the 2023 Town Board Schedule is as follows: January 9th and 23th February 13th and 27th March 13th and 27th April 1 Oth and 24th May 8th and 22" d June 12th and 26th July 1 Oth and 24th August 14th and 28th September I Ith and 25' TB 2023-01-09 (Filed 2/7) Pg. 2 October 51h — Budget Meeting October 161h and 30'' Pushed due to holiday / no Study Session unless needed November 131h (No Study Session due to holiday) December I Ph (No Study Session due to holiday) December 27 h Year End Meeting ffurIT1041011=01F11-301 "If Seconded: Rod Howe Vote: ayes — DePaolo, Howe, Levine, Bleiwas, Goodman, Johnson and Rosen 5. Acknowledge Supervisor's Town Board Member Committee appointments and confirm Staff, Citizen Advisory, and Intermunicipal Organization Committee/Board appointments. Mr. Howe thanked Mr. Goodman for his years of service on the Codes & Ordinances Committee and also thanked Mr. Rosen for being willing to take over the Chair duties after the telecommunications draft is done. TB Resolution 2023 - 003: Acknowledge Supervisor's Town Board Committee Appointments and Confirm Staff, Citizen and Intermunicipal Committee/Board Appointments and Recommendations to the City as Noted Resolved, that the Town Board acknowledges the Supervisor's annual Town Board Committee Appointments and confirms the appointments of Staff, Citizen and Intermunicipal Committee and Board appointments and recommendations to the City of Ithaca Common Council as indicated: Budget Eric Levine, Chair Rod Howe Pam Bleiwas Personnel and Organization Pam. Bleiwas, Chair Margaret Johnson Rod Howe Codes and Ordinances Rob Rosen, Chair Bill Goodman Eric Levine Planning Rich DePaolo, Chair Rod Howe Margaret Johnson Public Works Rich DePaolo Rod Howe, Chair Rob Rosen Ariel Casper — Planning Board Eva Hoffmann — Conservation Board Christine Jung — Zoning Board of Appeals TOWN BOARD AD HOC COMMITTEES Economic Development TB 2023-01-09 (Filed 2/7) Pg. 3 Rod Howe, Chair Rich DePaolo Pam Bleiwas STAFF COMMITTEES Employee Relations Pam Bleiwas — Chair Margaret Johnson Rod Howe *Staff representatives are appointed by fellow staff Records Management Bill Goodman Eric Levine Rod Howe CITIZEN COMMITTEES Agriculture Bill Goodman (Liaison) Paulette Rosa — Facilitator David George Cayuga Lake Watershed Intermunicipal Organization Margaret Johnson Rich DePaolo (Alternate) Cayuga Medical Center Rod Howe Community Housing Development Fund (CHDF) Program Rob Rosen — Town Representative Ithaca -Tompkins County Transportation Council (ITCTC) Policy Planning Rod Howe CJ Randall Bill Goodman (Alternate) Joe Slater Ithaca College Community Work Group Rich DePaolo Joint Youth Commission Rich DePaolo Eric Levine (Alternate) TB 2023-01-09 (Filed 2/7) Pg. 4 Cable Access Oversight Committee (Recommendation to the City Council) Rich DePaolo Recreation Partnership Eric Levine Pam Bleiwas Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Rod Howe Pam Bleiwas Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Bill Goodman Rob Rosen Rich DePaolo Tompkins County Council of Governments Rod Howe Rich DePaolo (alternate) Greater Tompkins Municipal Health Insurance Consortium Judy Drake Subcommittee -- Joint Committee on Plan Design Rod Howe (alternate) Judy Drake Rod Howe (alternate) Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, Howe, Goodman, DePaolo, Johnson and Rosen 6. Consider appointments to the Planning Board, Zoning Board of Appeals and Conservation Board TB Resolution 2023 - 004: Appointments of Zoning Board of Appeals, Planning Board and Conservation Board Members and Chairs Whereas Gregory Lindquist indicated he would like to be reappointed as a Regular Planning Board Member for a term ending December 2029, and William Arms, Alternate, indicated he would like to be appointed as a Regular Planning Board Member for a term ending December 2028, and Whereas Connor Terry of 201 King Road West has been recommended by the Interview Committee for the Regular Zoning Board of Appeals member for a term ending December 2026, and Mark Apker would like to be reappointed as a Regular Zoning Board of Appeals member for a term ending December 2027, and Whereas James Hamilton and Eva Hoffmann have indicated they would like to be reappointed as full members and Lindsay Dombroskie and Elise Edwards have indicated they would like to be TB 2023-01-09 (Filed 2/7) Pg. 5 reappointed as Associate Members of the Conservation Board, and Whereas the Planning Board has recommended Gregory Lindquist be appointed as Chair, and the Zoning Board of Appeals has recommended David Squires be appointed as Chair, and the Conservation Board has recommended Lori Brewer be appointed as Chair for the year ending December 31, 2023, now therefore be it Resolved that the Town Board hereby concurs with the recommendations and makes the following appointments: Planning Board — Gregory Lindquist as Regular Member — through 2029 William Arms as Regular Member — through 2028 Gregory Lindquist as Chair for 2023 Zoning Board of Appeals — David Squires as Chair for 2023 Mark Apker as Regular Member —through 2027 Connor Terry as Regular Member —through 2026 Conservation Board - Lori Brewer as Chair for 2023 James Hamilton as Full Member — through 2024 Eva Hoffmann as Full Member — through 2024 Lindsay Dombroskie as Associate Member — through 2023 Elise Edwards as Associate Member — through 2023 Moved: Rich DePaolo Seconded: Rob Rosen Vote: ayes — DePaolo, Rosen, Howe, Goodman, Levine, Bleiwas, and Johnson 7. Consider NYS Association of Towns ' Resolutions for 2023 and designation of the Official Delegate for the 2023 Annual Meeting — Pulled 8. Consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town TB Resolution 2023 - 005: Approval and Authorization for the Town Supervisor to Execute Contracts included in the 2023 Budget Resolved that the Ithaca Town Board hereby approves and authorizes the Town Supervisor to execute annual contracts, which amounts were included as part of the 2023 Town Budget or are recurring agreements, with the following service provider(s): a. Legal Services — Susan H. Brock and Guy Krogh b. Tompkins County Public Library ($15,000) c. Recreation Partnership ($85,272) d. Coddington Rd CC/CIT Program ($21,100) e. Youth Entrepreneurship Program ($15,000) f. Youth Employment Program ($78,800) TB 2023-01-09 (Filed 2/7) Pg. 6 g. TC Youth Development Program (JYC) ($52,120) h. Youth Exploration Services (YES) Program ($56,600) i. Gadabout ($12,000) j. Lifelong ($9,000) k. Human Services Coalition ($5,000) 1. Community Science Institute (CSI) Water Quality Monitoring ($22,844) m. Ithaca Babe Ruth League MOU n. Federal Work Study Program Moved: Eric Levine Seconded: Margaret Johnson Vote: ayes — Levine, Johnson, Howe, DePaolo, Bleiwas, Goodman and Rosen 9. Consider approval of the Highway Expenditures Agreement Mr. DePaolo asked if monies were not spent in the General Repairs and Permanent Improvements category, do those funds roll over or go back into the General Fund? Mr. Slater responded that he believes it goes back to the General Fund; these line items are for assessing roads and guide rails and the like after the winter season and road striping and to allow those types of general maintenance things to happen without having to come back to the board to approve them, they are covered under this umbrella Agreement to the amount approved in the Budget. TB Resolution 2023 — 006: Approval of 2023 Agreement for Expenditure of Highway Monies Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2023: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that monies levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: GENERAL REPAIRS. The sum of $1.50,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The sum of $200,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. TB 2023-01-09 (Filed 2/7) Pg. 7 The sum of $77,000 shall be set aside to be expended for the permanent improvement of Harris B. Dates Drive Entrance / Exit to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.05 miles of road The sum of $1.22,000 shall be set aside to be expended for the permanent improvement of the Conifer Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.12 miles of road The sum of $300,000 shall be set aside to be expended for the permanent improvement of Judd Falls (Rte 366 to Tower Rd.) to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.27 miles of road The sum of $1.52,000 shall be set aside to be expended for the permanent improvement of Burleigh Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.38 miles of road The sum of $1.63,000 shall be set aside to be expended for the permanent improvement of Lexington Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.44 miles of road The sum of $51,000 shall be set aside to be expended for the permanent improvement of Concord Place to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.13 miles of road The sum of $99,000 shall be set aside to be expended for the permanent improvement of Birchwood Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.28 miles of road The sum of $74,000 shall be set aside to be expended for the permanent improvement of Pinewood Place to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.20 miles of road The sum of $78,000 shall be set aside to be expended for the permanent improvement of Briarwood Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.20 miles of road The sum of $63,000 shall be set aside to be expended for the permanent improvement of Maplewood Drive to re-establish shoulders, drainage facilities, mill asphalt, and install an asphalt on 0.17 miles of road The sum of $1.82,000 shall be set aside to be expended for the permanent improvement of Christopher Lane to re-establish shoulders, drainage facilities, mill asphalt, and install an asphalt on 0.47 miles of road The sum of $1.20,000 shall be set aside to be expended for the permanent improvement of Christopher Circle to re-establish shoulders, drainage facilities, mill asphalt, and install an TB 2023-01-09 (Filed 2/7) Pg. 8 asphalt on 0.32 miles of road Moved: Pamela Bleiwas Seconded: Rich DePaolo Vote: ayes — Bleiwas, DePaolo, Howe, Goodman, Levine, Johnson and Rosen 10. Consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval TB Resolution 2023 - 007: Authorizing Certain Expenditures by the Superintendent of Highways without Prior Town Board Approval Whereas, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes the Town Board to adopt a resolution permitting the Town Superintendent of Highways to purchase equipment, tools and implements without prior approval of the Town Board in an amount or amounts to be fixed by it from time to time; and Whereas, the Town Board adopted a 2023 Ithaca Town Budget which included monies for the purchase of vehicles, tools and equipment; and Whereas, it is determined by this Board to be reasonable and proper and in the best interests of the efficient functioning of the Public Works Department that the Town Superintendent of Highways be granted permission to purchase such items without its prior approval in amounts not to exceed the approved respective budgeted amounts; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby authorize the Town Superintendent of Highways to spend amounts, not to exceed what is identified within the adopted 2023 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2023 of vehicles, tools and equipment to be used for highway maintenance, construction, reconstruction, and/or snow removal; except when the lowest responsive and responsible bidder is not selected and be it further Resolved, that the authorization hereinabove granted shall be construed as meaning that the total amount spent on each item purchased by the Town Highway Superintendent during fiscal year 2023 shall not exceed the respective budgeted amount for that item in the adopted 2023 Town of Ithaca budget. Moved: Margaret Johnson Seconded: Pamela Bleiwas Vote: ayes — Johnson, Bleiwas, Howe, DePaolo, Goodman, Levine and Rosen 11. Consider adoption of revised Board Protocol Manual Mr. Howe noted that this went through Committees and the main change was to clarify communication channels that might be helpful to Members when hearing from a resident about something that a department head may have additional information on and the filing requirements under FOIL. TB 2023-01-09 (Filed 2/7) Pg. 9 TB Resolution 2023 - 008: Approval of revised Board Protocol and Procedures Manual Whereas the Board Protocol and Procedures Manual (Manual) was reviewed, discussed, and revised at the Personnel & Organization Committee, with the final draft being recommended to the Town Board for approval, and Whereas the Town Board has reviewed the Manual and made any suggested changes, now, therefore, be it Resolved that the revised Board Protocol and Procedures Manual is hereby approved and will be reviewed annually for minor edits as previously done. Moved: Pamela Bleiwas Seconded: Rod Howe Vote: ayes — Levine, DePaolo, Rosen, Bleiwas, Howe, Johnson, and Goodman 12. Consider annual approval of. Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Procurement Policy, and Green Fleet Policy TB Resolution 2023 - 009: Annual Approval of Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Preparedness Plan, Green Fleet Policy, and Green Procurement Policy Whereas the Town Board reviews certain policies and procedures at its Organizational Meeting as required by the Town of Ithaca Code or at direction of the Town Board, and Whereas the Ethics Disclosure Form and Distribution. List, Procurement Policy, Cash Management & Investment Policy, Emergency Preparedness Plan, and Green Fleet Policy, Green Procurement Policy have been submitted to the Town Board for review, now therefore be it Resolved, the Ithaca Town Board hereby accepts, approves, and affirms the above listed policies, procedures and forms as required for the year 2023. Moved: Rod Howe Seconded: Eric Levine Vote: ayes — Levine, Rosen, Bleiwas, DePaolo, Howe, Johnson, and Goodman 13. Public hearing regarding a local law amending Town of Ithaca Code, Chapter 144, Energy Code Supplement Mr. Howe opened the public hearing at 5:52 p.m. Mr. Goldsmith went through his memo outlining the changes. There was no one wishing to address the Board and the hearing was closed at 5:59 p.m. TB Resolution 2023 - 010: SEAR Regarding A Local Law Amending Chapter 144 To The TB 2023-01-09 (Filed 2/7) Pg. 10 Town of Ithaca Code, Titled "Enemy Code Supplement" Whereas, this action is the proposed enactment of a "Local Law Amending Chapter 144 To 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 January 9, 2023, 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 61.7 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: Rich DePaolo Seconded: Rob Rosen Vote: ayes — DePaolo, Rosen, Howe, Goodman, Levine, Bleiwas and Johnson TB Resolution 2023 — 011: Adoption of a Local Law Amending Chapter 1.44 to the Town of Ithaca Code, Titled "Energy 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, on April 25, 2022, the Town Board adopted Local Law 8 of 2022: A Local Law Amending Chapter 144 of 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 become more stringent over time; and Whereas, the ECS became more stringent on January 1, 2023, and due to the updated regulations, the Town will need to refile the ECS with New York State in January; and Whereas, Town staff has developed three amendments in collaboration with the City of Ithaca and proposes adopting these amendments in conjunction with the refiling; and Whereas, one amendment is a small change to OP I, Development Density, which will make dormitories eligible for this point, which was the original intent; and TB 2023-01-09 (Filed 2/7) Pg. 11 Whereas, the second amendment increases the number of points available for OP3, Electric Vehicle Parking Spaces, and makes each point easier to earn, which is in alignment with the doubling of the Efficient Electrification points which went into effect on January 1, 2023; and Whereas, the third amendment, which includes changes to the Floor Area and Major Renovation definitions, along with the creation of a Heating Plant definition, is meant to clarify and avoid potential future issues related to the definition of Major Renovation, which uses the other two terms being changed; and Whereas, at two 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 December 14, 2022, the COC recommended that the Town of Ithaca adopt the proposed amendments to the ECS; and Whereas, at the December 28, 2022, Town Board meeting, the Board received an update on the proposed amendments to the ECS and was given the opportunity to discuss, ask questions and offer suggestions on the proposal; and Whereas, a public hearing was scheduled for January 9, 2023, 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 laws, or any part of them; 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 January 9, 2023, 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 of the Town of Ithaca hereby adopts Local Law 1 of 2023: A Local Law Amending Chapter 144 to the Town of Ithaca Code, Titled "Energy Code Supplement." Moved: Bill Goodman Seconded: Eric Levine Vote: ayes — Levine, Rosen, Bleiwas, Howe, Johnson, DePaolo and Goodman TB 2023-01-09 (Filed 2/7) Pg. 12 1.4. Consider actions associated with the Town's Deer Management Program 2023 Mr. Howe began, giving an overview of last year based on Mr. Smith's memo. The Town used nine sites, two were shut down, one due to neighbors complaints and the other one due to lack of use. We are proposing nine sites again, replacing the two that were shut down with two others. Another change is a request to move the time permitted to get to the stand 30 minutes sooner because the deer are already moving toward the spot before the hunters get there and the deer scatter. Mr. DePaolo stated that Mr. Smith's work on this and his reports are very thorough and appreciated, but, he wonders again if the staff time and effort going into this project are worth it. There are thousands of deer in this area and taking 40 deer a year is not going to make a difference. When this started, we said we would evaluate the effectiveness in 5 years and make a determination on proceeding. Mr. Goodman said he recalls a 5-year number, but, the first year was experimental and then the pandemic, so he thought 2024 would be the soonest but may not be as good a term given the past few years. Mr. Goodman said his major concern is the deer eating the undergrowth and fauna and he would like to see an updated photo of the area shown at the beginning of this program that showed such heavy grazing and no growth to see if there has been a change as well as any deer counts that have been done to show the impact. Mr. Smith responded that the impact of the program both in the Town and the City are measured by whether there is a decrease in the grazing, impacts to landscaping, accidents and the like. Mr. Rosen stated that he applauds the effort as the deer are a real nuisance in his neighborhood and he has seen a significant decrease since the Village of Cayuga Heights and Cornell instituted their programs. Mr. DePaolo looked at the numbers, saying the estimate is 125 deer per square mile and a sustainable herd is 5 to 10 per square mile, so we are talking about a 90% reduction rate and that is not realistic. Mr. Levine said that besides the staff time, the program is pretty inexpensive and he imagines there have been a few less accidents and a few less destroyed bushes and the meat is eaten, which saves some money going to factory farms, so he would like to see it continue and look at the cost as it goes on and make that cost benefit analysis when needed. He asked that Mr. Smith track his time spent on this to provide next year. a. Deer Damage Permit application to DEC TB Resolution 2023 - 012: Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation for 2023 TB 2023-01-09 (Filed 2/7) Pg. 13 Whereas, in May 2017, the Town of Ithaca Conservation Board presented a report (titled "Deer Management: Recommended Actions for the Town of Ithaca") to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas, this report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car -deer collisions, NYSDEC Deer Management Focus Area), provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub- committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas, in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 61.7, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions, has, on February 11, 2019 , made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in February 2019 and conducted the program at three locations, resulting in the harvesting of one deer; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in. January 2020 and conducted the program at six locations, resulting in the harvesting of 20 deer; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in January 2021 and conducted the program at nine locations, resulting in the harvesting of 42 deer; Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in January 2022 and conducted the program at nine locations, resulting in the harvesting of 40 deer; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to file a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2023, including any associated future documents, forms, or reports. Moved: Eric Levine Seconded: Rob Rosen Vote: ayes — Levine, Rosen, Bleiwas, Howe, Johnson, and Goodman nays — DePaolo TB 2023-01-09 (Filed 2/7) Pg. 14 b. License agreement with Conifer Realty for use of land — Overlook Apartments area TB Resolution 2023 — 013: Authorization to Sign a License Agreement with Conifer Realty LLC for use of approximately 19 acres as part of the Town's Deer Management Program for 2022 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for deer culling; and Whereas, Town of Ithaca staff have identified one location on Conifer Realty LLC managed lands adjacent to the Overlook Apartments for the deer program; and Whereas, Conifer Realty LLC authorized the use of locations on their lands the past two years and have agreed to continue using one location in 2023; and Whereas, the Town of Ithaca staff have prepared a "Revocable License to Authorize Town Use of Conifer Realty LLC Property"; Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca is hereby authorized and directed to negotiate and sign an agreement with Conifer Realty LLC for use of approximately 19 acres as part of the Town's deer management program for 2023. Moved: Rob Rosen Seconded: Eric Levine Vote: ayes — Levine, Rosen, Bleiwas, Howe, Johnson, and Goodman nays — DePaolo c. License agreement with the City of Ithaca for use of land — Six Mile Creek area TB Resolution 2023 - 014: Authorization to Sign a License Agreement with the City of Ithaca for use of the Six Mile Creek Natural Area Property as part of the Town's Deer Management Program for 2023 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for deer culling; and Whereas, Town of Ithaca and City of Ithaca staff have identified three locations on City of Ithaca owned lands in the Six Mile Creek Natural Area for the deer program; and Whereas, the City of Ithaca has participated in the program the past three years and wish to continue with using three locations on City of Ithaca owned lands in 2023; and Whereas, a "Revocable License to Authorize Town Use of Six Mile Creek Natural Area TB 2023-01-09 (Filed 2/7) Pg. 15 Property" has been prepared; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca is hereby authorized and directed to negotiate and sign an agreement with the City of Ithaca for use of the Six Mile Creek Natural Area as part of the Town's deer management program for 2023. Moved: Rob Rosen Seconded: Eric Levine Vote: ayes — Levine, Rosen, Bleiwas, Howe, Johnson, and Goodman nays — DePaolo d. Variance for use of Culver and Glenside Preserves TB Resolution 2023 - 015: Granting a variance from the Town of Ithaca Code, Chapter 200 "Parks & Recreation Areas" to allow Culver Road Preserve and Glenside Preserve to be used in the Town's 2023 Deer Management Program Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to operate a bait/culling site on the Culver Road Preserve (Town of Ithaca Tax Parcel No.'s 31.-1-14.2, 31.-1- 14.4, and 32.-1-7) and the Glenside Preserve (Town of Ithaca Tax Parcel No. 30.-1-1.3), which, if granted, would permit participants to be on the two Preserves during normally closed hours and to possess and discharge firearms and/or archery equipment (compound bow or crossbow), and Whereas, the Town's Deer Management Program has been operating for the past four years on private property and City of Ithaca owned property throughout the Town of Ithaca, and Whereas, a variance was granted by the Town Board to use the Culver Road Preserve in 2022 for the deer management program, where 2 deer were harvested, and Whereas, the Town's Culver Road Preserve (155 acres in total, 96 acres in the three tax parcels listed above) and Glenside Preserve (7 acres) presents an opportunity for the town to support and actively participate in the deer management program for the many reasons described in the Conservation Board's report, but especially the potential ecological benefits, and Whereas, the Town Board has discussed the request and determined that good cause exists for another time -limited variance, now therefore be it Resolved, that the Town Board grants a variance to the Town's Deer Management Program from Town of Ithaca Code Sections 200-3.A "General Regulations" and 200-5.E "Prohibited Activities" to allow participants to be on the Culver Road Preserve and Glenside Preserve during normal closed hours (24 hours per day) and to allow participants to possess and discharge firearms and/or archery equipment as part of the Town Deer Management Program, with the following conditions: 1. Program participants must adhere to all DEC regulations related to culling activities contained in the Deer Damage Permit issued to the Town of Ithaca, and TB 2023-01-09 (Filed 2/7) Pg. 16 2. This variance is valid February 1, 2023 through March 31, 2023, 1 hour prior to sunset through 1 hour after sunrise, and With the following findings: The Town Board finds good cause to grant this variance. The benefit to the Town's Deer Management Program outweighs the detriment that would result from strict enforcement of Chapter 200, and 2. The Culver Road Preserve is approximately 155 acres (96 acres in portion requested to be used) and Glenside Preserve is approximately 7 acres, both with adequate space to operate a bait site, and Using the Town owned Culver Road Preserve and the Glenside Preserve will support the Town's Deer Management Program and will help to reduce deer browse on Town natural lands. Moved: Eric Levine Seconded: Rob Rosen Vote: ayes — Levine, Rosen, Bleiwas, Howe, Johnson, and Goodman nays — DePaolo 15. Consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for support of its parks TB Resolution 2023 - 016: Setting a public hearing regarding a local law allowing a gift of financial support for City of Ithaca Parks for a public purpose for 2023 Resolved that the Town Board will hold a public hearing at their meeting on February 13, 2023, Town Boardroom, 215 N. Tioga St., Ithaca, which begins at 5:30 p.m. for the purpose of hearing public comment regarding a proposed local law allowing a gift of financial support of City Parks for a public purpose. At which time and place all persons interested in speaking shall be heard. The draft local law and links to live broadcasts are available on the Town's website. Moved: Eric Levine Seconded: Margaret Johnson Vote: ayes — Levine, Johnson, DePaolo, Howe, Bleiwas, Goodman and Rosen 1.6. Consider setting a public hearing regarding a proposed local law amending Town of Ithaca Code, Chapter 270 establishing an Inlet Valley Overlay District Mr. Howe noted that the change discussed at the last meeting was implemented; the Public Works Facility is now not in the Overlay District. TB Resolution 2023 - 017: Setting a public hearing regarding a proposed local law amending Town of Ithaca Code Chapter 270 to add an Inlet Valley Overlay District Resolved that the Town Board will hold a public hearing at their meeting on February 13, 2023, TB 2023-01-09 (Filed 2/7) Pg. 17 Town Boardroom, 215 N. Tioga St., Ithaca, which begins at 5:30 p.m. for the purpose of hearing public comment regarding a proposed local law amending Town of Ithaca Code Chapter 270 to add an Inlet Valley Overlay District. At which time and place all persons interested in speaking shall be heard. The draft local law and links to live broadcasts are available on the Town's website. Moved: Rich DePaolo Seconded: Bill Goodman Vote: ayes — DePaolo, Goodman, Levine, Howe, Johnson, Rosen and Bleiwas 17. Consider award of Town Hall Weatherization contract for professional services TB Resolution 2023 - 018: Authorization to Award Contract for the Town Hall Facility Lighting and Weatherization Renovation Project Whereas on December 3, 2022, the Director of Engineering (Director) received a proposal for the Town of Ithaca Town Hall Lighting and Weatherization Renovation Project (Project), and Whereas Bell & Spina Architects -Planners, PC (B&S) was the only firm to submit the proposal, and Whereas B&S has adequality outlined related work experience, project objectives, timelines, and knowledge of historic buildings that meet and/or exceed our expectations, and Whereas B&S has successfully analyzed and designed numerous historic building, lighting, and weatherization type projects for surrounding institutional operations, and Whereas Staff have reviewed the proposal and qualifications of B&S and recommends award of Part A, fixed fee of $47,929 and sub -consultant reimbursable fees not to exceed $10,372 (for sub -consultant review, testing, and analysis of the Town Hall Facility), and Whereas Part B of the proposal may be considered for award at a later date based on the findings of Part A, now, therefore, be it Resolved that the Director is authorized to approve contract amendments, without further authorization from the Town Board, provided the maximum amount of such amendments does not exceed $5,000 in aggregate, and be it further Resolved that the Town Board authorizes the award and execution by the Supervisor of a contract for Part A of the Project to Bell & Spina Architects -Planners PC, 21.5 Wyoming Street, Syracuse, NY 13204, subject to approval of the contract documents by the Director and review by the Attorney for the Town. Moved: Margaret Johnson Seconded: Eric Levine Vote: ayes — Johnson, Levine, Howe, Goodman, DePaolo, and Bleiwas Abstained — Rosen 18. Consider Consent Agenda TB 2023-01-09 (Filed 2/7) Pg. 18 TB Resolution 2023 — 019: 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. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Reserve Account Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, Howe, DePaolo, Goodman, Johnson and Rosen TB Resolution 2023 - 019a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of December 11, and 28, 2022 as final with any non -substantive changes made. TB Resolution 2023 - 019b: Town of Ithaca Abstract No. 1 for FY-2023 Resolved that the Town Board authorizes payment of the following audited vouchers: VOUCHER NOS. 1 - 49 General Fund Town Wide 56,046.88 General Fund Part -Town 4,931.70 Highway Fund Town Wide DA 1,624.70 Highway Fund Part Town DB 10,032.29 Water Fund 29,367.92 Sewer Fund 5,544.93 Risk Retention Fund 526.00 Fire Protection Fund 290,000.00 Forest Home Lighting District 230.16 Glenside Lighting District 44.79 Renwick Heights Lighting District 70.26 Eastwood Commons Lighting District 76.38 Clover Lane Lighting District 10.46 Winner's Circle Lighting District 15.35 Burlei h Drive Lighting District 45.98 West Haven Road Lighting District 163.00 Coddin ton Road Lighting District 98.08 TOTAL 398,828.88 TB 2023-01-09 (Filed 2/7) Pg. 19 TB Resolution 2023 - 019c: Bolton Point Abstract Resolved, that the governing Town Board hereby authorizes the payment of the Southern Cayuga Lake Intermunicipal Water Commission audited vouchers: Voucher Numbers: 574-617, 1-8 Check Numbers: 20670-20714, 20715-20722 #013 #001 Capital Impr/Repl Project $ 10,430.25 0 Operating Fund $ 70,256.1.5 $ 65,783.01. TOTAL $ 80,686.40 $ 65,783.01 Less Prepaid $ 1.2,546.12 $ 0 TOTAL $ 68,140.28 $ 65,783.01 TB Resolution 2023 — 019d: Designation of Official Depositories of Town Funds Resolved, that the Town Board designates Tompkins Community Bank, First National Bank of Groton, and NYCLASS as the official depositories for all funds received by all Town Officials and Town Departments for 2023. TB Resolution 2023 — 019e: Designation of Official Newspaper Resolved, that the Town Board designates the Ithaca Journal as its Official Newspaper for legal notices to the public for 2023 TB Resolution 2023 - 019f: Official Bonds for Town Officers and Employees Resolved, that the Town Board approves the following Faithful Performance Bonds for the Town Officials and Employees for the year 2023: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Finance Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, David Klein $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 TB Resolution 2023 — 019g: Increasing the Parks, Recreation and Open Space Plan account Whereas, the Parks, Recreation and Open Space Plan account was created by the Town Board on TB 2023-01-09 (Filed 2/7) Pg. 20 October 2, 1997 for the future development of parks, preservation of open space, and acquisition of development rights; and Whereas, the Town Board indicated its intention to increase the Parks, Recreation and Open Space Plan account by $100,000 in the 2023 Town Budget; now, therefore, be it Resolved, the Town Board authorizes the Finance Officer to transfer $100,000 from tl'"- unreserved General Townwide Fund account to the Parks, Recreation and Open Space P1 account. I r, ff Tw"Un ge� Mr. Howe reported that we received four applications for the judge vacancy and will be N IRV I VAROMMU 0 ME I E-71 0 N It 130MME I I L%",JLV'A 11 N I i IN I I 0110101m, Motion made by Mr. Howe, seconded by Mr. Goodman, to enter executive session to discuss the possible acquisition of real property where disclosure could affect the price. Unanimous. Meeting adjourned upon motion by Mr. Howe, seconded by Mr. Depaolo, unanimous. Sub ' t Paulette Rosa, Town Clerk TB 2023-01-09 (1--iled 2.1 7) flg, 21, Code Enforcement Report to Town Board December 2022 "1,, 0 2, ffl= 107 Created I I * A "Record" is all the following: V All Building Permit Types V All Operating Permit Types V Complaints V Contractor Registrations V Fire Safety Inspection Request Forms V TCO Request Forms