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HomeMy WebLinkAboutSTR Packet 2024-09-09 Mailout at NOON MEETING OF THE ITHACA TOWN BOARD Town Hall, 215 N. Tioga St. September 9, 2024 g 5:30 p.m. YouTube Link Zoom Link AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Public hearings and consider adoption of a local law: a. Amending Chapter 270, Zoning, of the Town of Ithaca Code, exempting all Town of Ithaca-owned water and sewer infrastructure from zoning requirements a. SEQR b. Adoption b. To override the Tax Levy Limit established in General Municipal Law §3-c a. Adoption c. Amending Chapter 20, Compensation and Chapter 23, Consenution Board, of the Town of Ithaca Code to allow stipends for representatives of the Planning Board, Zoning Board of Appeals and Conservation Board appointed to the Codes and Ordinances Committee a. Adoption 4. Bolton Point— Steve Riddle,, General Manager—General Update 5. Consider Consent Agenda Items a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c.) Approval of Bolton Point Abstract d) Designate and authorize auction of surplus equipment e) Letter of support for a JCAP grant f) Appointment of Planning Board Member—Reynolds g) Provisional promotional appointment of Civil Engineer—Harris 6. Report of Town Officials and Committees 7. Review of Correspondence TOWN OF IT ACA NEW Y0RK DEPARTMENT OF ENGINEERING Stormwater,Sanitary Sewer,Potable Water,Roads,Parks,and Trails 114 Seven Mile Drive, Ithaca, N.Y. 14850 ENGINEERING@TOWNITHACANY.GOV PHONE: 607.273.1656 FAX: 607.272.6076 www.townithacany.gov DATE: 7/31/2024 TO: Planning Committee FROM: David O'Shea, P.E. Director of Engineering RE: Amendment of the Code of the Town of Ithaca Chapter 270-230.2 Per Chapter 270-230.2 of the Code of the Town of Ithaca, Town-of-Ithaca owned water infrastructure is not required to comply with certain provisions of the Zoning Chapter. This proposal is to amend the code to include Town-owned sewer infrastructure in Chapter 270-230.2. The amendment also proposes a modification of the code to make the other provisions of Chapter 270 not applicable to Town-of-Ithaca water and sewer infrastructure. The Town has a large amount of existing Town-owned water and sanitary sewer infrastructure in place. The various systems throughout the town have been designed and expanded as the need has arisen. This has created an interdependency between various system components. Structures and or (including but not limited to water tanks, pumping stations, above grade valve stations, buried valve vaults, generators, wetwell, etc.) are significantly constrained as to their locations, heights, and aesthetics. Sites are generally kept to the minimal size necessary while maintaining operation of the infrastructure. When these items require repair, modification, and/or replacement a review is conducted by the Code Enforcement Department. It Is often determined that a variance is required due to height, setbacks, lot coverage, or use. Newly created overlay districts may also have implications to a project in these zones. To proceed forward with the project, a variance is required from the Zoning Board of Appeals (ZBA . Past projects have also been required to submit a Site Plan review application and materials to the Planning Department. Approval by the Planning Board (PB) 'has been required to proceed with various projects. All water and sewer improvement projects must receive Town Board approval, conform to the Public Interest Order (PI O) requirements, and be approved and authorized by the board before a project can be bid on. The proposed amendment would remove the requirement to appear before the ZBA and PEA for zoning related items and to conform to Chapter 270 requirements. Proposed improvement projects would be/are discussed at Town Board meetings. These projects appear before the Town Board multiple times for various approval requirements. Existing Code: § 2 - 3 .2Town-orned water infrastructure. [Added 2-13-2017 by L.L. No. 4-2017] The provisions of this chapter regarding height, setbacks, buffers and lot coverage shall not apply to any Town-of-Ithaca-owned water infrastructure, including but not limited to tanks, mains, pump stations, pressure relief valves, associated structures and appurtenances. Proposed Code: § 270-230,.2Town-owned water and sewer infrastructure. I The provisions of this chapter re-narefina heinht sethanks h,iffers and Int anw1Q_rPC1dQ I zJ - Z1,1 '.' ) , 1 1-16 11 1-,1 11-4 ZI.11. shall not apply to any Town-of-Ithaca-owned water and sewer infrastructure including but not limited to tanks, mains, pump stations, pressure relief valves, generators, valve buildings and vaults, wet-wells, manholes, and associated structures and appurtenances. TOWN OF ITHACA LOCAL LAW NO. X OF THE YEAR 2024 A LOCAL LAW AMENDING CHAPTER 270 (ZONING) OF THE TOWN OF ITHACA CoDE EXEMPTING ALL TOWN OF ITHACA-OWNED WATER AND SEWER INFRASTRUCTURE FROM ZONING REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXV11 (General Provisions) of the Town of Ithaca Code is amended by deleting §270-230.2 (Town-owned water infrastructure) and adding a new §270-230.2 as follows: §27 -23 .2. Town-owned water and sewer infrastructure. The provisions of this chapter shall not apply to any Town of Ithaca-owned water or sewer infrastructure., including but not limited to tanks, mains, pump stations, pressure relief valves, generators, valve buildings and vaults, wet-wells, manholes, and associated structures and appurtenances. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon filing with the New York Secretary of State. Item 3a MEETING OF THE ITHACA TOWN BOARD Monday, September 9, 2024 TB Resolution 2024- SE -. Adoption of Local Law Amendiniz Chapter 270 Bonin iz) of the Town of Ithaca Code ex ern ptin E all Town of Ithaca-owned water and sewer infrastructure from zoning requirements Whereas, this action is the adoption of a local law amending Town of Ithaca Code Chapter 270,,entitled"Zoning,"which exempts Town of Ithaca-owned water or sewer infrastructure from all provisions in the Chapter; and Whereas, this is an Unlisted action for which the Town of Ithaca Town Board is acting as lead agency with respect to the enactment of the proposed local law; and Whereas, the Town Board, at a public hearing held on September 9, 2024, has reviewed and accepted as adequate a Short Environmental Assessment Form (SEAF) Parts 1, 2, and 3 for this action, along with other application materials; now, therefore, be it Resolved, that the Town of Ithaca Town Board her y makes a negative dctcnnination of environmental significance, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the SEAF Part I and for the reasons set forth in the SEAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Seconded: Vote- Short Environmental Assessment Form Part I - Prqiect In formation 14 Instructions for Complet Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Adoption of a Local Law Pr(�ject Location(describe,and attach a location rnap): Potential locations are within the Town's water or sewer service area where new,or modification of existing,water or sewer infrastructure is proposed. Brief Description of Proposed Action: Adoption of a local law amending Chapter 270 entitled"Zoning"that proposes to exempt Town of Ithaca-owned water and sewer infrastructure from the provisions in the chapter.This includes but is not limited to tanks, mains,pump stations, pressure relief valves,generators,valve building,and vaults wet-wells,manholes,and associated structures and appurtenances. Name of Applicant or Sponsor: Telephone: Town of Ithaca Town Board E-Mail: Address: 215 N.Tioga Street City/PO: State: Zip Codc: Ithaca NY 14850 1. Docs the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agen name and permit or approval: 3.a. Total acreage of the site of the pro d action? acres b.Total acreage to be physically disturbed. acres c. Total acreage(project site and any contiguous pr ies)owned or controlled by the applicant or project sponsor.? acres 4. Check all land uses that occur on,adjoining and near the proposed actio 0 Urban El Rural(non-agriculture) E]Industrial E]Commercia. Residential(suburban) El Forest ElAgriculture El Aquatic ElOther(specify): El Parkland Page I of 3 5. Is the proposed action, NO YES N/A a. A peri-nittcd use under the zoning regulations? El F-1 b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES 1:1 F1 b.Are public transportation service(s)available at or near the site of the proposed action? F-1 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? F� I 9. Does the proposed action meet or exceed the state energy code requirements.? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Wilt the proposed action connect to a Ong pu private water supply? NO YES If No,describe method for pro ng bl ter: M - A 11.Will the proposed action connect to existing W utiliti NO YES -IV If No,describe method for providing w w asteater tre nt: tn 12. a. Does the site contain a structure that is listed on either the State or I Ta onal Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency'.' b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: El Shoreline El Forest 0 Agricultural/grass lands ❑Early mid-successional El Wetland E]Urban F1 Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain`? NO YES El 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storin water discharges flow to adjacent properties? NO [:]YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 3 I S.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)" If Yes,explain purpose and size: Ah 19. Has the site of the proposed action or an adjo g p pert been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 4F 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: PRINT FORM Page 3 of 3 Agency Use Only [If applicable) Project. lAdoption of Local Law-Town Board Date: September 9,2024 S En viron m en tal A ssessm en t Form Part 2 -Impaet Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have any responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? RI 1:1 2. Will the proposed action result in a change in the use or intensity of use of land? 21 1:1 I Will the proposed action impair the character of quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walklXay? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities.? 7. Will the proposed action impact cxisting: a.public private water supplies? b. public private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater, air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Pagel of2 Agency Use Only[If applicable] Project: Adoption of Local Law-Town Bchi Date: ISeptember 9, 2024 Short Environmental Assessment or Part 3 Determination of Signs tcance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- terni,long-term and cumulative impacts. The proposed action will not result in a significant adverse environmental impact. Sewer&Water infrastructure projects will still require Town Board approval, funding, and oversight. SEQR analyses and determinations of significance will apply to all projects that are not Type 11 Actions (exempt from SEQR review). Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Town Board Name of Lead Agency Date Rod Howe Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Christine Balestral David O'Shea Signature of Responsible Officer in Lead Agency Signature of P rep are r(I f d 1 fferent from Officer) PRINT FORM Page 2 of 2 Item 3a MEETING OF THE ITHACA TOWN BOARD September 9, 2024 TB Resolution 2024- Adoption of Local Law Amending Chapter 270 (Zoninpjof the Town of Ithaca Code exemptinE! all Town of Ithaca-owned water and sewer infrastructure from zoninj! requirements Whereas, providing municipal water and sewer service is a vital part of the Town's function, and ensuring quality and reliable infrastructure is essential for the community's quality of life and wellbeing, and Town Whereas, the Town has a large amount of existing -owned water and sewer infrastructure in place, and the Town's options relative to the locations of new or modified Town-owned water and sewer infrastructure are significantly constrained because of the interconnections between, and interdependence of, the various water and sewer system components, and Whereas, current Town Code zoning requirements are silent as to whether they apply to Town- owned sewer infrastructure, which has resulted in the requirement for certain components of the sewer infrastructure to obtain variances from the Zoning Board of Appeals and/or site plan approvals from the Planning Board, and Whereas,, discussions concerning the possibility of exempting Town-owned utility infrastructure (specifically sewer) from approval processes were had by the Planning Committee during their regular meeting on August 15, 2024, and the conclusion by the Committee was to recommend changing the Town Code in accordance with the 7/31/2024 memorandum regarding amending Town Code Section 270-230.2 provided by Director of Engineering David O'Shea, and Whereas,, at its meeting on August 26, 2024, the Town Board of the Town of Ithaca discussed a proposal for exempting Town-owned water and sewer infrastructure projects from Town Zoning provisions and subsequently a local law regarding said proposal was scheduled for a public hearing to be held by the Town Board on Scptember 9, 2024 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code exempting all Town of Ithaca-owned water and sewer infrastructure from zoning requirements," and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were pe-rmitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and I Item 3a Whereas,, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said 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 September 9, 2024, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3, now, therefore, be it Rcsolvcd, that the Town Board adopts Local Law XX of 2024 entitled "A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code exempting all Town of Ithaca-owned water and sewer infrastructure from zoning requirements, and Moved: Seconded: Vote- 2 -t co Department of COMMISSIONER Planning Katherine Borgella DEPUTY COMMISSIONER Sustain ili M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 Phone: (607)274-5560 tompkinscountyny.gov/planning September 3, 2024 C.J. Randall, Director of.Planning Town of Ithaca 215 North Tioga St. Ithaca,NY 14850 Re: Review Pursuant to §239 -1,-m and -n of New York State General Municipal Law Proposed Action: Local Law Amending Chapter 270 (Zoning) Exempting Town Of Ithaca-Owned Water& Sewer Infrastructure Dear Ms. Randall: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. Item 3b MEETING OF THE ITHACA TOWN BOARD September 9, 2024 TB Resolution 2023 - Adopting Local Law of 2024 to Override the Tax Levy Limit established in General Municipal Law §3-c Whereas, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in. General Municipal Law §3-c, and Whereas, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and Whereas, a public hearing on the proposed local law entitled "A local law to override the tax levy limit established in General Municipal Law §3-C"; was duly advertised and held by the Town Board at its September 9, 2024, meeting, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617 1 it has been determined by the Town Board that adoption of the proposed local law is a Type 11 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 not subject to review under SEQRA- now, therefore,, be it Resolved,, that the Town Board adopts Local Law of 2024 entitled "A local law to override the Tax Levy Limit established in General Municipal Law §3-C." Moved: Seconded: Vote: ayes— Item 3b TOWN OF ITHACA LOCAL LAW NO. FOR THE YEAR 2024 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the ainount of real property taxes that may be levied by the Town of Ithaca, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ithaca, County of Tompkins to adopt a town budget for (a) town, purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1,2 02 5 and ending D ec emb er 31,2 02 5 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Ithaca, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2025 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause,, sentence., paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair,, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person,, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. Adopted Item 3c MEETING OF THE ITHACA TOWN BOARD September 9, 2024 TB Resolution 2024— Adoption of local laws amendina Town of Ithaca Code Ch 20 "Compensation" and Chapter 23 "',Conservation Board" to permit a stipend for appointed members of the Codes and Ordinance Committee Whereas, at their August 26t" meeting the Town Board discussed a request to pay a stipend to the Planning Board, Zoning Board of Appeals and Conservation Board members that are appointed to the Codes and Ordinances Committee and reviewed the draft local laws that would need to be adopted to allow such payments; and Whereas, on September 9t' the Town Board held a properly advertised public hearing regarding the two proposed local laws amending Town of Ithaca Code Chapter 20, Compensation (Planning Board and Zoning Board of Appeals) and Chapter 23, Conservation Board, authorizing compensation based upon a stipend per meeting attended by the appointed member of each board to the Codes and Ordinances Committee; and Whereas, the Town Board wishes to establish a per meeting stipend for appointed Planning Board., Zoning Board of Appeals and Conservation Board members on the Codcs and Ordinances Committee (not Town Board members), now therefore be it Resolved, that the Town Board adopts Local Law XX of 2024 amending Town of Ithaca Code, Chapter 20, "Compensation"" and Local Law XX of 2024 amending Chapter 23, "Conservation Board" to allow said stipends, and be it further Resolved,, that the Town Board hereby establishes the rate for the appointed Planning Board and Zoning Board of Appeals member be the same rate as their regular per meeting rate they receive for attending their respective meetings, with such payment to be included in their quarterly compensation; and be it further Resolved,, that the Town Board hereby establishes the rate for the appointed Conservation Board Member to be the same per meeting rate as the Planning and Zoning Board of Appeals members receive for attending their respective meetings, with such payment to be included in their annual payment. Moved: Seconded: Vote: TOWN of ITHAA LOCAL LAW NO, of THE YEAR 2024 LOCAL LAW AMENDING CHAPTER , COMPENSATION, of THE TOWN of ITHA A CODE To ALLOW STIPENDS FOR REPRESENTATIVES OF THE PLANNING BOARD AND ZONING BOARD of APPEALS APPOINTED T THE CODES AND ORDINANCES COMMITTEE Be it enacted by the Town Board of the Town of Ithaca as follows. Section 3. Chapter 2 (Compensation) of the Town of Ithaca Code, Article 'I, subsection 20- , "Compensation per meeting authorized'' is amended by adding "and representatives of the Planning Board and Zoning Board of Appeals appointed to the Codes and Ordinances Committee" to read- "Notwithstanding any provision of the Town Law (including 627, Subdivision 1) or any provision of any other general lava or local law, the Town Board of the Town of Ithaca is authorized to compensate the Town of Ithaca.Planning Board members, Zoning Board of Appeals members, and representatives of the Planning Board and Zoning Board of Appeals appointed to the Cedes and Ordinances Committee on the basis of a stipend per meeting attended y such members.' Section 4. In the evert that any portion of this la.w is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. This local law shall tale effect on December er 1, 2024. TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2024 A LOCAL LAW AMENDING CHAPTER 23, CONSERVATION BOARD., OF THE TOWN OF ITHACA CODE TO ALLOW STIPENDS FOR REPRESENTATIVES OF THE CONSERVATION BOARD APPOINTED TO THE CODES AND ORDINANCES COMMITTEE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 7. Chapter 23 (Conservation Board) of the Town of Ithaca Code, Article 1, subsection 23-7, "Compensation and Expenses" is amended by adding "and per meeting attended by such member appointed to the Codes and Ordinances Committee" to read: "The Town Board of the Town of Ithaca is authorized to compensate the Town of Ithaca Conservation Board members (but not associates) on the basis of a stipend per Conservation Board meeting attended by such members and per meeting attended by such member appointed to the Codes and Ordinances Committee." Section 4. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. This local law shall take effect on December 31, 2024. MEETING OF THE ITHACA TOWN BOARD September 9, 2024 TB Resolution 2024 - : Adopt Consent Agenda Items Resolved that the Town Board adopts the following consent items: a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract C) Approval cif Bolton Point Abstract d) Designate and authorize auction of surplus equipment e) Letter of support for a JCAP graDt f) Appointment of Planning Board Member—Reynolds g) Provisional promotional appointment of Civil Engineer—Harris Moved: Seconded: Vote- TB Resolution 2024 - a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of the August 26, 2024 as submitted with non-substantive changes made if necessary. TB Resolution 2024 - b: Approval of Town of Ithaca Abstract TB Resolution 2024 - c: Approval of Bolton Point Abstract TB Resolution 2024 - d : Sale of Surplus Items Whereas, the Town wishes to put the following surplus equipment in an online auction in September: e Various, unused, sign brackets 0 Transit Legs and Story Poles 0 Weed Wrenches 0 (1) 2015 Ford F-350 Light Duty Dump Truck 0 (2) Telephone Poles a (3) various sized used steel storm pipes Resolvcd, that the Town Board declares said above-described equipment to bc surplus and no longer needed by the Town and authorizes their sale in above mentioned auction. TB Resolution 2024 - e: Authorization to apply for a Justice Court Assistance Program (JAP Grant Resolved that the Board of the Town of Ithaca authorizes the Ithaca Town Court to apply for a JCAP grant in the 2024-25 grant cycle up to $30,000. TB Resolution 2024 - f: Appointment of Planning Board Member Whereas there is a vacant Regular Planning Board Member position due to a resignation, and the Selection Committee recommends appointing Sara Reynolds, 307 boat Street., to the position; now, therefore, be it Resolved that the Town Board of the Town of Ithaca hereby appoints Sara Reynolds as a regular Planning Board Mcmbcr filling out a term ending Deccmber 31, 2026. TB Resolution 2024 - g: Approve Provisional Promotional Appointment of Civil Engineer Whereas, there is a vacancy in the Senior Civil Engineer position but will be back-filling the position with a Civil Engineer position, and Whereas the Interview on interviewed one internal and five external candidates for the position; and Whereas the Committee has dctcrmincd that Samual Harris, Engineering Technician 1, possesses the necessary knowledge and skills to satisfactorily perform the duties of the position; and Whereas David O'Shea, Director of Engineering, appointed Sailival Harris as a Civil Engineer, effective September 8, 2024; now, therefore be it Resolved the Town Board approves the provisional promotional appointment of Samual Harris as a Civil Engineer, effective September 8, 2024; and be it further Resolved the position is at 40 hours per week, at the hourly wage of$36.75, which is an estimated annual salary of$7 6,440 from A 1440.100, in Job Classification"E" Step 1,with full time benefits; and be it further Resolved the said appointment is a provisional appointment pending the results from the next civil service exam for this position, and be it further Rcsolvcd, a minimum eight (8) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Engineering.