HomeMy WebLinkAboutTB Minutes 2024-06-24MEETING OF THE ITHACA TOWN BOARD
215 N. Tioga Street
June 24, 2024, 4:30 p.m.
ZOOM I INI Y.O Jr JBE L. NI
AGENDA
1. Public Hearing and consideration of — Ithaca Beer Noise Permit Application
2. Consider setting public hearings regarding proposed local laws amending the Town of
Ithaca Code, Chapter 270 entitled "Zoning," to:
a. add Electric Vehicle Charging Station Provisions
b. amend Accessory Dwelling Units Provisions
3. Consider authorization to sign a Stormwater Operation and Maintenance agreement and
related easements — Carrowmoor Solar Project
4. Consider authorization to sign an agreement for a Wireless Telecommunications
Consultant for a proposed facility at Wiedmaier Court
5. Reports from Committees
a) Budget
b) Personnel and Organization/ERC
c) Public Works
d) Planning
e) Codes & Ordinances
f) Parks & Trails
g) Economic Development
h) Other
6. Consent Agenda
a. Approval of Minutes
b. Town of Ithaca Abstract
7. Review of Correspondence/Board Member Comments
MEETING OF THE ITHACA TOWN BOARD
June 24, 2024
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo,
Pamela Bleiwas, Rob Rosen, and Margaret Johnson Absent: Susie Gutenberger
Staff Present: Judy Drake, Director of Human Resources; Marty Moseley, Director of Code
Enforcement; CJ Randall, Director of Planning; Ashley Colbert, Deputy Town Clerk; Donna
Shaw, Director of Finance; Chris Herbert, Finance Officer; Joe Slater, Director of Public Works;
and Dan Thaete, Director of Engineering
1. Public Hearing and Consideration of — Ithaca Beer Noise Permit Application
Mr. Codd, Events coordinator was present.
Mr. Howe opened the public hearing. There was no one wishing to speak, and the public hearing
was closed.
Mr. Howe noted that the draft resolution has the same conditions and findings used in previous
resolutions regarding Ithaca Beer Events Noise Permits.
Mr. DePaolo asked Mr. Codd if that, given the details in the application, the impacts would be
the like the Wednesday music series and these are to be characterized as on the same scale.
Mr. Codd responded they would.
TB Resolution 2024 — 063: Noise permit for Ithaca Beer Company's Special Events
Whereas, the Town Board held a public hearing on June 24, 2024, regarding a noise permit
application for Special Events by Ithaca Beer Co., and discussed the request, now therefore be it
Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of their
Special Events on June 29 h, July 27 h, August 31 st, and October 19'h for the purpose of entertaining
guests at their location of 122 Ithaca Beer Dr., with the following
Conditions:
1. Whenever safely feasible, amplification equipment used by the band for each event will be
kept lower than the hay bales placed behind them to mitigate sound; if the height of the
equipment exceeds the height of the hay bales for safety reasons, Ithaca Beer will notify
the Codes Department with details of the equipment's height and the safety concern(s), and
2. All amplification equipment will face Route 13 as a further mitigation, and with the
following
Findings:
TB 2024-06-24 (Filed 6/28) Pg. 1
1. The waiver from the requirements of Town Code Chapter 184 for the above music
events are necessary for a valid purpose, because music might not be able to conform at
all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development
Zone specifically allows for music events, subject to or upon the issuance of any permits
required (Town Code §271-15.1)(3), and
2. The waiver is the minimal intrusion needed, because the amplification is needed to hold
special larger events and are limited to once a month, no later than 8p.m., which hours are
within the "daytime hours" as defined by Town Code § 184-4; and
On balance, the need for and benefits of the waiver outweigh the needs and rights of the
surrounding neighbors to a peaceable and quiet environment, because the music is for a
limited amount of time on the specified dates, with the above -listed conditions in place to
mitigate some of the intrusion on the neighbors.
Moved: Rod Howe Seconded: Eric Levine
Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Johnson & Rosen
2. Consider setting public hearings regarding proposed local laws amending the Town of
Ithaca Code, Chapter 270 entitled "Zoning," to:
a. add Electric Vehicle Charging Station Provisions
b. amend Accessory Dwelling Units Provisions
Ms. Randall stated that electric vehicle charging stations is not defined in the Town's Code and
the intent is to add those definitions so they can be installed in more places.
Mr. Moseley stated that there had been a request to review the necessity of removing a kitchen to
turn a two -unit back to a single unit, whereas currently one must remove the kitchen or the
bathroom. The change is to include the option of removing a bedroom to be able to "downsize"
the residence. All other code requirements will still apply.
Mr. DePaolo asked for a bit more information on the impetus for this review and Mr. Rosen
stated that the request came from someone who does not use the ADU in their home for rental
purposes but does enjoy using the second kitchen for certain events or situations.
TB Resolution 2024 - 64: Set Public Hearings re amendments to Town of Ithaca Code,
Chapter 270, Zoning, Definitions, to add electric vehicle chmin stations as an accessory
use and modify Accessory dwellinz units and the definition of dwelling unit to permit a
secondary kitchen in certain circumstances
Resolved that the Town Board will hold public hearings at its meeting on July 8, 2024, beginning
at 5:30 p.m., at 215 N Tioga St and broadcast via the ZOOM platform to hear all persons wishing
TB 2024-06-24 (Filed 6/28) Pg. 2
to comment on proposed amendments to the Town of Ithaca Code, Chapter 270, Zoning, to
permit electrical vehicle charging stations as an accessory and principal use and to modify the
definition of dwelling unit and other amendments to permit secondary kitchens in certain
circumstances.
Full details of the proposed local laws and links to the ZOOM participation option are available
on the Town's website.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson & Rosen
3. Consider authorization to sign a Stormwater Operation and Maintenance agreement and
related easements — Carrowmoor Solar Project
Mr. Thaete gave an overview of the project, noting that this is the largest solar project in the
town so far, and this is our standard agreement to allow for overseeing the effectiveness and
maintenance of the stormwater operations.
Mr. Rosen asked how many of these agreements are in place and Mr. Thaete responded that he
thought there were around 30-40 of them throughout the town.
TB Resolution 2024 — 65: Authorization for Supervisor to sign the Stormwater Operation,
Maintenance, and Reporting Agreement and stormwater related easements associated with
the Final Site Plan Approval for the Carrowmoor Large -Scale Solar Energy System
Whereas the Carrowmoor Large -Scale Solar Energy System Project includes stormwater
management and treatment facilities which necessitates a Stormwater Operation, Maintenance,
and Reporting Agreement, along with associated stormwater easements, between Carrowmoor
Solar, LLC (the developer), John Rancich (a landowner), Rancich Family Limited Partnership (a
landowner), and the Town of Ithaca, 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 approval of the proposed Operation, Maintenance and Reporting Agreement, and the
proposed Permanent Stormwater and Access Easements and Right -of -Way, is a Type II action
because it constitutes "routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the environment," and
thus this action is not subject to review under SEQRA; now therefore be it
Resolved that the Town Board authorizes the Town Supervisor to sign the Stormwater
Operation, Maintenance, and Reporting Agreement and stormwater easements associated with
the Carrowmoor Large -Scale Solar Energy System Project, subject to the review by the Attorney
for the Town.
Moved: Rich DePaolo Seconded: Pamela Bleiwas
TB 2024-06-24 (Filed 6/28) Pg. 3
Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Johnson & Rosen
4. Consider authorization to sign an agreement for a Wireless Telecommunications
Consultant for a proposed facility at Wiedmaier Court
Ms. Randall gave a brief overview regarding the agreement. It would be to hire a consultant to
evaluate the technical documentation that the town planning and the town ethics board requires it
to be at the expense of the applicant and the recommendation is that we contract with William
Johnson, who we have contracted with in the past.
TB Resolution 2024- 66: Authorization to enter into Agreement with a Wireless
Telecommunications Consultant to evaluate the proposed Personal Wireless Service
Facility Tower at 111 Wiedmaier Ct S
Whereas, the Town of Ithaca wishes to retain the services of a wireless telecommunications
consultant to assist with the evaluation of the technical documentation provided to the Town of
Ithaca Planning Board by Verizon Wireless and to evaluate the radiofrequency data and other
data related to the installation and operation of the proposed Personal Wireless Service Facility
Tower located at 111 Wiedmaier Ct S, Town of Ithaca Tax Parcel No. 56.4-1.22, and
Whereas, Section 270-219 Q(1) of the Town of Ithaca Code authorizes the municipality, at the
expense of the applicant, to employ its own consultants to examine the application and related
documentation, and, among other matters, to make recommendations as to whether the criteria
for granting approvals and permits have been met, including whether the applicant's conclusions
regarding a significant gap in coverage, co -location, safety analysis, visual analysis, and
structural inspection are valid and supported by generally accepted and reliable engineering and
technical data and standards and whether the personal wireless service facility as constructed will
be in compliance with the approved plans and in accordance with generally accepted good
engineering practices and industry standards, and
Whereas, the Director of Planning recommends William P. Johnson and sub -consultant Steven
Ciccarelli as well -qualified and capable consultants, based on an assessment of expertise and
qualifications, proposed approach, experience with similar projects, cost estimates; now
therefore be it
Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute
an Agreement with William P. Johnson to conduct the requested services as described in the
Proposed Statement of Work and Engagement Agreement dated June 18, 2024, subject to review
by Attorney for the Town, and be it further
Resolved, the funds for this evaluation, which is anticipated to be conducted in July -December
2024, are to be provided at the expense of the Applicant, to be deposited in the escrow account
established for the project, per the requirements of the Town of Ithaca Code, Section 270-219 Q
(2).
TB 2024-06-24 (Filed 6/28) Pg. 4
Moved: Pamela Bleiwas Seconded: Rob Rosen
Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson & Rosen
5. Reports from Committees
a) Budget — Mr. Levine reported that they reviewed the draft Capital Improvement Plan and
maintenance for the next five years; the Fleet Replacement Schedule for 2025 at an
expected cost of around $655K after an estimated $130K coming in from the sale of
retired vehicles sent to auction.
Also discussed bringing Laserfiche inhouse with a presentation from John Little showing
the options that have been researched. Currently our data is hosted on the County's
server and bringing this inhouse will allow for greater functionality and access under our
control.
The committee also looked at sales tax receipts, which are down; interest earnings, which
are steady as the rates have not gone down, and the budget implications of both.
b) Personnel and Organization/ERC — Mrs. Bleiwas reported that they discussed staffing
plans for the next four years and changes include; a potential half-time position added to
Human Resources; an upward title change in Information Tech that could have a higher
salary, but overall, staffing looks to remain constant over the next year.
Discussed a change to the Sick Time Bank policy, adding a vacation time option for
donating and being on FMLA as a qualifying event.
Bringing Laserfiche inhouse was also discussed here. Paulette Rosa gave a brief history
on how it came to be hosted by the County and their eventual lack of responsiveness as
the years have gone by. She explained the benefits of bringing it inhouse in terms of
records management and ease of access.
Mr. Thaete announced that he has accepted a position at New York State Parks as their
regional engineer and he would be leaving the Town, with his last day being July 17'.
Mr. DePaolo had a question about the halftime HR position, if it would be a place holder
for now.
Mrs. Drake responded that she anticipates retiring at the end of 2026 or 2027 and there is
the possibility of Debby Kelly retiring around the same time. The hope is to get someone
in early to begin the transition of institutional knowledge and process before then.
Employee Relations Committee - met in May and discussed the employee picnic
scheduled for July 26 h. Employees have been taking the lead in planning
activities to make it more fun and engaging.
TB 2024-06-24 (Filed 6/28) Pg. 5
c) Public Works — Mr. Howe reported that they also reviewed the Capital Improvement and
Fleet Replacement Plans with no major questions raised;
Reviewed a stormwater piping request that was not recommended to move on to the
Town Board.
Discussed the Cradit Farm Drive and Pleasant Grove Road intersection. The suggestion
is to nullify the MOU as the studies have shown no reduction in traffic through Forest
Home. The County and the Town have met several times, and the next step is to send a
joint letter from the Town and County to Cornell relieving them of their responsibilities
in the MOU.
d) Planning — Mr. DePaolo reported they heard from a resident on Pearsall Place asking for
a zoning change for her property. Her house is adjacent to Therm and is zoned Light
Industrial and she would like it changed to High Density Residential.
Looked at the draft amendments to allow electric vehicle charging stations throughout the
town.
Had a presentation on the Maplewood 2 project from a large group of involved players.
Basically in favor of the concept and location and they will return next month with a
more refined plan to begin drafting the PDZ language.
e) Codes & Ordinances — Mr. Rosen reported that they continued review of the subdivision
regulations and discussed the density in relation to how much of the parcel is buildable
and how much must be set aside for non -buildable areas. There was some concern with
the language and review will continue.
f) Parks & Trails —Ms. Randall reported that the Town was awarded just over $1.1M
for the Transportation Alternatives Program which is for the section between Boynton
Middle School to James L Gibbs Drive.
Mr. Howe added that an application was submitted for a federal grant by the Town of
Caroline on behalf of all the Towns involved with the South Hill Trail Extension.
There was also a grant submitted for the black diamond trail.
g) Economic Development — Mr. Howe reported that the committee has not met, but
we did submit a grant application for the 919 Elmira Rd property development.
Mrs. Randall reported that South Works has applied for IDA tax incentives for the
whole project, not just Phase 1. There will be a public meeting July 10t' at 2 p.m. to
discuss the request.
h) CWIO — Ms. Johnson Reported that there is a presentation June 26t' from 2-4p.m.
with an expert to talk about the impact of the Cargill Salt mine on the lake.
TB 2024-06-24 (Filed 6/28) Pg. 6
i) Rec Partnership — Ms. Bleiwas reported that they have approved their 2025 budget
with a maintenance of effort plus 2% budget, which is an overall 8% increase in an
effort to reclaim some services that have been dropped.
6. Consent Agenda
TB Resolution 2024 - 67: Adopt Consent Agenda
Resolved that the Town Board approves the following consent agenda items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Johnson & Rosen
TB Resolution 2024 - 67a: Approval of Town Board Minutes
Resolved that the draft minutes of June10, 2024, are adopted as final with any non -substantive
changes made.
TB Resolution 2024 - 67b: Town of Ithaca Abstract No. 12 for FY-2024
Resolved that the Town Board approves the audited vouchers be paid in full in the amounts
indicated:
VOUCHER NOS. 488 - 557
General Fund Town Wide
33,492.65
General Fund Part -Town
1,660.28
Highway Fund Town Wide DA
671.72
Highway Fund Part Town DB
742,155.85
Water Fund
697,743.07
Sewer Fund
104,330.52
Trust and Agency
7,180.50
TOTAL
1,587,234.59
7. Review of Correspondence/Board Member Comments
Mr. Howe noted that we would be seeing a media release about Cornell's voluntary contribution
soon.
He also reported that it was Daniel Tompkins' 250'h birthday recently and the County had a
small presentation. He gave a bit of a history on Mr. Tompkins and noted that there is a small
plaque in their hall in his honor.
TB 2024-06-24 (Filed 6/28) Pg. 7
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Ashley Colbert
Deputy To Clerk
TB 2024-06-24 (Filed 6/28) Pg. 8
NOtm, MRAN01 N
1, Ashley Colbert, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County,
New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca
and the notice has been duly published in the official newspaper, Ithaca Journal:
ADVERTISEMENT/NOTICE
NOTICE, OF PUBLIC HEARING
NOTICE OF ESTOPPEL
NOTICE OF ADOPTION
D
Regarding a Noise Permit Application From
Ithaca Beer
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
117r"161
III= 2n)"im.
....... ...
Ashley Colbe
Deputy own Clerk
I I It
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'611WINWIM, W-MIN
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Sworn to and subscribed before me this 201h day of
June 2024.
ABBY L. HOMER
Notary Public - State of New York
No. 01HO6086105
Qualified in Cortland County
My Commission EjaiLes Jan. 13, 20
19"Iffliff SO=.
NE VAW6W
o6/20/2024
LS, 777F SaILUYVILA
July, August and October. All persons wishing to
be heard will have an opportunity to speak. The
meeting is broadcast via the ZOOM platform for
your convenience and comments can be sent via
email to the Town Clerk. Links are on
www.townithacany.gov
Paulette Rosa Town Clerk
Im"Up, WA74
10294867