HomeMy WebLinkAboutTB Minutes 2023-09-25MEETING OF THE ITHACA TOWN BOARD
September 25, 2023 at 4:30 p.m.
AGENDA
Town of Ithaca Public Meetings - YouTube
ZOOM ID 87962750564 Ph. 929 436 2866
1. Consider setting a public hearing regarding a proposed local law amending Chapter
270 "Zoning" and the Town's Zoning Map for superimposing a Limited Historic
Commercial Overlay District on TP 24.4-2 (Hayts Chapel)
2. Consider approval and authorization to sign an easement on Water Tower Rd
3. Consider approval 2024 Office and Field Classification Wage Scales
4. Consider establishment of a Reserve Fund — Bonded Indebtedness — PWF
5. Consider approval of requirements for contracts for Payments in Lieu of Taxes for
certain solar and wind energy systems
6. Consider approval of Recommendation(s) to Tompkins County legislature and the
Farmland Protection Board regarding removing parcels from Ag District No.2
7. Committee Reports
a. Budget
b. COC
c. Personnel and Organization
d. Planning
e. Public Works
f. Ad Hoc/Other Committees
8. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of reclassification — Network Specialist
d. Denial of a Fee Reduction Request — 983 Taughannock Blvd
e. Acknowledge appointment of Information Aide — PW
9. Report of Town Officials
MEETING OF THE ITHACA TOWN BOARD
September 25, 2023
Minutes
Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Rob
Rosen, and Bill Goodman Absent — Pamela Bleiwas and Margaret Johnson
Present: CJ Randall, Dan Thaete, Ashley Colbert, Joe Slater, Judy Drake, Donna Shaw
Mr. Howe opened the meeting at 4:33 p.m.
1. Consider setting a public hearing regarding a proposed local law amending Chapter
270 "Zoning" and the Town's Zoning Map for superimposing a Limited Historic
Commercial Overlay District on TP 24.4-2 (Hayts Chapel)
Mr. Howe noted that they were just going to be setting the date for the public hearing for the
proposed Local Law.
There were no questions or comments from the Board.
TB Resolution 2023 -154: Setting a public hearing regarding a proposed local law
amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning
Map to rezone Tax Parcel 24.4-2, located at 1296-1298 Trumansburg Road by
superimposing a Limited Historic Commercial Overlay District over the Base Medium
Density Residential District
Resolved that the Ithaca Town Board will hold a public hearing at its October 16, 2023, meeting
which begins at 5:30 p.m. at Town Hall, 215 N Tioga St., and broadcast live via Zoom and
YouTubeLive for convenience of the public regarding a proposed local law amending Chapter
270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning Map to rezone Tax Parcel
#24.4-2, Located at 1296-1298 Trumansburg Road by superimposing a Limited Historic
Commercial Overlay District over the base Medium Density Residential District.
At which time, all persons wishing to address the Board in favor or opposed to the proposed
local law shall be heard. Links and the draft local law are available from the Town Clerk or on
the Town's website. www.,. o.w..p::l1h c..,11u Lus
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: ayes — Howe, DePaolo, Levine, Rosen & Goodman
2. Consider approval and authorization to sign an easement on Watertower Rd
Mr. DePaolo asked who owned the parcel needing access.
TB 2023-09-25 (Filed 10/17) Pg. 1
Mr. Thaete responded that he was not sure, but the owner was looking to build a single-family
home on the parcel.
TB Resolution 2023-155 : Approval of and authorization to execute a Permanent Water and
Access Easement and ROW associated with water service for TP 42-1-9.63
Whereas, the owner of a vacant parcel known as tax parcel 42-1-9.63 (an unaddressed parcel
located southerly of Watertower Rd) seeks to install a potable water service to the parcel, and
Whereas, an existing Town of Ithaca water main is installed beneath Watertower Rd, a private road
located on property owned by Ithaca College, and
Whereas, the water main is located within an existing easement that is not of sufficient width to
provide access to the water main from the vacant parcel, and
Whereas, the potable water service and associated easement is shown on the drawing titled
"Easement Map, Showing Proposed Easement for, Sanitary Sewer and Water Services, Watertower
Rd", dated 2/1/2023, prepared by Darrin Brock, L.S., of T.G Miller, P.C., and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
execution of the easement is a Type II Action because the Action constitutes "extension of utility
distribution facilities, including gas, electric, telephone, cable, water and sewer connections to
render service in approved subdivisions," and thus approval, construction and implementation of
the Improvement are not subject to review under SEQRA, and
Whereas, the Engineering Department has reviewed the plan for the above improvement that is
proposed to be dedicated to the Town, and have found them generally acceptable, and request the
easement be executed by the Town Board, now therefore be it
Resolved, that the Town Board approves the Permanent Water and Access Easement and
Right -of Way from Ithaca College to Town of Ithaca, and authorizes the Town Supervisor to
execute the easement, subject to review by the Attorney for the Town.
Moved: Eric Levine Seconded: Rod Howe
Vote: ayes- Howe, DePaolo, Levine, Rosen & Goodman
3. Consider approval 2024 Office and Field Classification Wage Scales
There were no questions or comments from the Board.
TB Resolution 2023-156: Approval of 2024 Office and Field Classification Wage Scales
Whereas, the Town Board established a Wage Scale, which sets the Hiring Minimum and Job Rate
for each job classification, which may be increased each year based on a Cost of Living Adjustment
(COLA); and
TB 2023-09-25 (Filed 10/17) Pg. 2
Whereas, the collective bargaining agreement with the Public Works unit represented by Teamsters
Local 317 established a 4.0% cost of living adjustment for 2024; and
Whereas, after evaluating the Consumer Price Index (CPI-W) as well as other factors, the Town
Supervisor and Human Resources Manager in preparation for the 2024 tentative budget
recommended to the Personnel and Budget Committees a 4.0% Cost of Living Adjustment
(COLA) to the Job Rate for all classifications when establishing the 2024 Office and Field Wage
Scales; and
Whereas, the Personnel Committee and Budget Committee reviewed and discussed the
recommendation and recommends for the 2024 Wage Scales a 4.0% COLA on the Job Rate for all
classifications in the Office and Field Wage Scales; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve a 4.0% Cost of Living
Adjustment on the Job Rate for all classifications for the 2024 Office and Field Wage Scales.
Moved: Eric Levine Seconded: Rich DePaolo
Vote: ayes- Howe, DePaolo, Levine, Rosen & Goodman
4. Consider establishment of a Reserve Fund — Bonded Indebtedness — PWF
There were no questions or comments from the Board.
TB Resolution 2023 -1.57: Establishing a Reserve Fund for Payment of Bonded
Indebtedness for the Public Works Facility Office Expansion and Transferring $300,000
into the Reserve Fund from the General Fund
Resolved that pursuant to Section 6-h of the New York General Municipal Law, there is hereby
established a reserve fund for payment of bonded indebtedness for the Town of Ithaca's Public
Works Facility Office Expansion project to be known as the "Public Works Facility Office
Expansion — 2020-A Bond Payment Reserve Fund" (hereinafter "Reserve Fund"). The purpose
of this Reserve Fund is to accumulate money to pay the principal and interest related to the
Public Works Facility Office Expansion included in the Series 2020-A Bond Issue. The Town
Board further authorizes the initial transfer and deposit into this Reserve Fund of $300,000 from
the unreserved fund balance in the General Fund, which will cover three years of principal and
interest payments. The Town Board may authorize future payments into the Reserve Fund from
unreserved fund balance and/or through budget appropriations, now, therefore be it
Resolved that the Town Supervisor is hereby directed to deposit and secure the moneys of this
Reserve Fund in the manner provided by Section 1.0 of the New York General Municipal Law.
The Town Supervisor may invest the money in the Reserve Fund in the manner provided by
Section 11 of the New York General Municipal Law, and consistent with the investment policy of
the Town of Ithaca. Any interest earned or capital gains realized on the moneys so deposited or
invested shall accrue to and become part of the Reserve Fund. The Town Supervisor shall
account for the Reserve Fund in a manner which maintains the separate identity of the Reserve
TB 2023-09-25 (Filed 10/17) Pg. 3
Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund,
capital gains or losses resulting from the sale of investments of the fund, the amount and date of
each withdrawal from the fund and the total assets of the fund, showing cash balance and a
schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed
report of the operation and condition of the Reserve Fund, and be it further
Resolved that except as otherwise provided by law, expenditures from this Reserve Fund shall be
made only for the purpose for which the Reserve Fund is established. No expenditure shall be
made from this Reserve Fund without the approval of the Ithaca Town Board and such additional
actions or proceedings as may be required by Section 6-h of the New York General Municipal
Law and any other law.
Moved: Eric Levine Seconded: Bill Goodman
Vote: Howe, DePaolo, Levine, Rosen & Goodman
5. Consider approval of requirements for contracts for Payments in Lieu of Taxes for
certain solar and wind energy systems
Mr. Howe explained that this would mean the town would be requiring pilot agreements on
systems meeting the threshold of 500 kilowatts and that relieves the solar companies from having
to notify the Town of their intent to request one.
Mr. Goodman asked why the Town is doing this rather than passing legislation that would
exempt them.
Mr. Howe responded that Jay Franklin from Assessment and Ms. Brock have advised going this
route and doing so would allow the Industrial Development Agency to negotiate the pilot terms
for solar farms of this scale.
TB Resolution 2023 - 158: Requirement for Contracts for Payments in Lieu of Taxes for
Certain Solar and Wind Energy Systems
Whereas, New York State Real Property Tax Law §487(2) states that real property which
includes certain solar or wind energy systems (as defined in § 487) "shall be exempt from
taxation to the extent of any increase in the value thereof by reason of the inclusion of such solar
or wind energy system" for a period of fifteen (15) years, and
Whereas, Real Property Tax Law §487(8)(a) states a municipality may adopt a local law
providing said exemption is not applicable to qualifying solar and wind energy systems within its
jurisdiction, but the Ithaca Town Board has elected not to adopt such a local law, and
Whereas, Real Property Tax Law §487(9)(a) permits municipalities that have not removed the
exemption to require the owner or developer of a property which includes a qualifying solar or
wind energy system to enter into a contract for payments in lieu of taxes ("PILOT contract"),
TB 2023-09-25 (Filed 10/17) Pg. 4
with the PILOT contract amounts up to the amount of taxes that would be paid if the property
were subject to full taxation absent the 15-year exemption, and
Whereas, pursuant to Real Property Tax Law §487(9)(a), the Town of Ithaca currently has to
provide written notification to an owner or developer of the Town's intent to require a PILOT
contract; in order to require a PILOT contract, the Town must make such notification within sixty
(60) days of the Town's receipt of the owner's or developer's proper written notification of its
intent to construct a solar or wind energy system, and
Whereas, Real Property Tax Law §487(9)(b) provides an alternate notification provision that
allows the Town to adopt a resolution indicating the Town's "ongoing intent to require a contract
for payments in lieu of taxes for such systems, such... resolution shall be considered notification
to owners or developers and no further action is required on the part of the" Town to provide
notification, and
Whereas, with adoption of this resolution, the Town will no longer have provide individual
notification to an owner or developer within sixty (60) days of receipt of a notification of intent
to construct a solar or wind energy system, now therefor it be
Resolved, that effective September 26, 2023, and continuing unless and until this resolution is
revoked, the Town of Ithaca will require PILOT contracts for solar and wind energy systems
greater than 500kW in size that qualify for the 15-year exemption, and be it further
Resolved, that the PILOT contract amounts shall be equal to the amount of taxes that would be
paid if the property were subject to full taxation absent the 15-year exemption.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: Howe, DePaolo, Levine, Rosen & Goodman
6. Consider approval of Recommendation(s) to Tompkins County legislature and the
Farmland Protection Board regarding removing parcels from Ag District No.2
Mr. Howe noted that these are all residential parcels that will not see any agricultural use based
on their current development. The West Haven subdivision and the West Haven Preserve are two
examples of parcels being removed. The effect of removing the AG District designation just
means that if the property changes hands, the new owner does not have to notify the County that
farming activities will be happening on them.
TB Resolution 2023 - 159 : Recommendation to the Tompkins County Legislature and the
Agriculture and Farmland Protection Board regarding removing parcels from Tompkins
County Agricultural District No. 2
Whereas, the Tompkins County Legislature along with the Tompkins County Agriculture and
Farmland Protection Board (AFPB) are reviewing Tompkins County Agricultural District No. 2
as part of the regular 8-year review; and
TB 2023-09-25 (Filed 10/17) Pg. 5
Whereas, a portion of Agricultural District No. 2 is located on the western side of the Town of
Ithaca; and
Whereas, the AFPB has asked the Town of Ithaca if there are any issues with the existing
boundaries that relate to town plans and if any modifications to the district should be made; and
Whereas, the Town of Ithaca Planning Committee on September 21, 2023 discussed and
reviewed a map prepared by planning staff that identified 1.2 parcels for possible removal from
the district due to the unlikelihood that they would ever be used for agriculture and forwarded
that recommendation to the full Town Board for consideration; now therefore be it
Resolved, that the Town Board hereby recommends to the AFPB that the 1.2 parcels (Tax Parcel
No.'s 28.-1-28.226, 28.-1-26.1, 28.-1-26.5, 28.-1-26.23, 28.-1-26.221, 28-1-26.223, 28.-1-
26.224, 28.-1-26.225, 28.-1-26.226, 28.-1-26.227, 28.-1-26.228, and 28.-1-26.229) identified on
the map titled "Tompkins County Agricultural District # 2 — Town of Ithaca — 8-Year review —
September 19, 2023" be removed from the district.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: Howe, DePaolo, Levine, Rosen & Goodman
7. Committee Reports
a. Budget
At their September I Ith meeting the budget committee discussed that some
investments and sales tax collections are over budget, so they will offset the
decrease under budget of mortgage tax income. This was expected due to the
decrease in interest rates.
The Town has adopted a reserve fund policy and some of the reserve funds are
exceeding the Limit or the ceiling of those funds, so they need to be moved out of
certain reserve funds. Therefore, we're creating a new reserve fund to move the
funds into.
They will discuss the tentative 2024 budget at their next meeting October5, 2023.
As a quick overview we are under the tax cap and the typical tax bill for a
property owner in the Town of Ithaca would decrease by $129.35 or 6.8% for a
house that has a $300,000 assessment value if this budget is adopted.
b. COC
The Code and Ordinances Committee did not meet this month to allow the staff
more time to prepare for the presentation. The COC was tasked with redoing the
subdivision regulations. The Town wants to make sure that developers don't have
bad infrastructure and low first costs, and make sure we have complete streets and
TB 2023-09-25 (Filed 10/17) Pg. 6
walkable neighborhoods. The COC would like to get that done before
development happens.
Comments were received on the public engagement plan, and they are ow
working on the draft.
c. Personnel and Organization
They did not have a meeting this month and had nothing new to report.
d. Planning
The East Shore Dr Bicycle and Pedestrian Projects are now up on the website,
where you can view the map of the area that is in consideration and progress
happening. There is a feasibility study being done to look at improving the safety
of that area between Boynton Middle School and Ithaca City School District.
For the safe streets for all initiative, it is a county wide look at the transportation
network. The City is the lead applicant for the group which includes 10
municipalities as well as New York State DOT and the County Highway. The
contract is currently legal with the City. There will be more updates to come on
that.
The Country Club property is currently for sale and that was proposed as the
Ranic Plan Development Zone, which is currently in a waiting period. There is
also property on Arrowwood Dr, which is currently for sale by Cornell University
real estate.
e. Public Works
This month's meeting there was a presentation about complete safety software.
The software would involve cameras, being able to track where equipment is, and
being able to change the routes for snow removal. The town is doing a pilot that
involves some vehicles, which Public Works has been experimenting with the
software. Another presentation was from cartograph, an asset management
software that is coupled with Open Gov. and they are waiting to do some follow
up questions.
The Town Hall weatherization project there have been some questions and to
bring it back to the Board. The October meeting will go more into depth on the
streetlight policy. A tour with Public Works was also talked about for 2024, so
board members can get out and look at the infrastructure and see where updates
may need to happen.
L Ad Hoc/Other Committees
TB 2023-09-25 (Filed 10/17) Pg. 7
CWIO - Six Mile Creek Project is waiting on a final report. They received some
results from the consultant and there will be a presentation on some of their initial
findings on September 28th. The next phase for CWIO will be getting staffed
again and looking for monies to implement.
8. Consent Agenda
TB Resolution 2023 - 160 : Adopt Consent Agenda
b. Approval of Town of Ithaca Abstract
c. Approval of reclassification - Network Specialist
d. Denial of a Fee Reduction Request - 983 Taughannock Blvd - Pulled
Procedural question on why the action was under consent.
Moved: Rich DePaolo Seconded: Eric Levine Vote: unanimous
e. Acknowledge appointment of Information Aide - PW
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes - Howe, DePaolo, Levine, Rosen & Goodman
TB Resolution 2023 - 160b: Town of Ithaca Abstract No. 18 for FY 2023
Resolved that the Town Board authorizes payment of the following audited vouchers in total for
the amounts indicated:
VOUC:'I]Fl� NOS. 791 - 824
__ _...._ __._........... _....__.... ................. __
General I`und °1 own Wide
__... _..__..__.._.._.._ ._...._
_.
_ ....... _... _....... ........
17,819.70
_..... ........ -
General Fund Part -Town
9.658.67
1 Ir hw r 1 and ..� crwn Wide D k
_.'_._... , . _..._.._.. _._...
_._ 2,579.40
lJ ghc y I'rrnd Part rown D113
� 6 '73 984
Water l'r.rnd _.................
.
1 1,485.47
_,.._ ..__....._ ._.
Sever I and
84,776.42
_C at�r1 1'rojeets
8,199 ()0
— . .......__.. ...
Risk Detention l Lind
104.70
Fire Protection 1""Wid.
-...
1 orest ]lcamc 1 rglitin District
__ .,_
Glen,rde l,,fighting Distr„is......... _..................._.
1.Ze.nwick heights 1 iglitrng District _
____.._...._. _.
1 _astwood Corr mores L_lghtrrig District
Clover I aiie Liglatin l.7rstrret
1-1 Wrr7ner�s C."rrelc 1 rg:lrtrng Distarc�
13rrr2.... lerglr.....irr arc 1„,g,.lrtrng District
.w_
.. ....... .,��
¢„rr�r��� District
Wem 1 liar en ! arid. � t ....
........ �...,._ ... ... ..,.. ,� �..��
_..�
q��q1
l . 1 .r.g..irtwrrg lrstrret
C oddrr� �tcarr l.caacl ..
................a.. _..
Tryst a d Agency......_ ....... ........
�t)C) 00
Debt. Service
TOTAL AI
11] 197 4
=i
TB Resolution 2023 -160c: Reclassify Network Specialist position and approve modified
job description
Whereas, the Town of Ithaca accordance with applicable Civil Service laws, rules and regulations
maintain appropriate titles, positions and job descriptions and the following recommended changes
have been approved by Tompkins County Civil Service; and
Whereas, the Town Supervisor and Human Resources Manager recommend a modified job
description for the Network Specialist position which better matches the position and needs of the
Town and recommends reclassifying the position from "F" grade to "H" grade of the Office Job
Classification; and
Whereas, the Personnel & Organization Committee discussed the recommendations for the
Network Specialist job description and reclassification and concurs with all the recommendations;
now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca does hereby approve of the Network
Specialist modified job description and approve reclassifying the position to the "H" Office Job
Classification grade in the 2024 Wage Scale.
TB Resolution 2023 - 160d: Denial of a Fee Reduction Request — 983 Taughannock Blvd
Whereas a Fee Reduction Request was submitted by Carolyn Lee for one of two required
Operating Permits associated with two structures on a single parcel for short & long-term rental
permits, and
Whereas the Review Committee is recommending denial of the request as the applicant did not
identify how this fee reduction request would be unique to their situation and would not apply to
a majority of other Town applicants, now, therefore be it
Resolved that the Town Board denies the request for a Fee Reduction for the reasons stated
above.
TB Resolution 2023-160e: Acknowledgement of Appointment of Account Clerk Typist -PWD
Whereas, there will be a vacancy in the position of Administrative Assistant I due to a retirement
on. September 30, 2023, which can be filled by an Administrative Assistant 1, Account Clerk
Typist or Information Aide; and
Whereas, the Highway Superintendent with a selection committee has determined through
interviews and evaluation that Rebecca Wright, Account Clerk Typist — Bolton Point, possesses
the necessary knowledge, skills and ability to perform the duties of Account Clerk Typist; and
Whereas, the Highway Superintendent has chosen to appoint Rebecca Wright to the Account
Clerk Typist position, effective September 18, 2023; now, therefore, be it
TB 2023-09-25 (Filed 10/17) Pg. 9
Resolved, the Town Board of the Town cif` ltl°auaca does hereby acknowledge the flit hway
Superintendent's appointment of Rebecca Wright to the Account Clerk- Typist position, effective
September 18, 2023; and be it further
Resolved, this is a 40 hours a week position, hourly wage of $22.39, estimated annual salary of
$46,571, in Job Classification "A" hire rate, with full tirne benefits; and be it farther
Resolved, if the said successfully complete the, mandatory InituraLIM twenty -sip (26) week
probationary period there will be no ftirther action required by the Town Board.
9. Report of Town Officials
Mr. Howe noted that we will possibly be cancelling the October Study Session,
'17he Comptroller's audit came back and the Town's fiscal stress score is Zero. "That sounds bad,
but the range is 0 - 100 with 100 being the worst; in 2021 our score was zero and in 2020 it was
6,74.
There will be litigation related to the streetlights that has been talked about in the past.
Meeting was adjourned at 5:08 pm. upon a motion made by Mr. Flowe, seconded by Mr.
Depaolo, unanimous.
Submitted by
Ashley Colbert, 13 ;putyTown Clerk
'1713 2023-09-25 (1,'iled 10/ 17) pg. 10