HomeMy WebLinkAboutTB Minutes 2017-02-13 MEETING OF THE ITHACA TOWN BOARD
Monday, February 13, 2017
AGENDA
1. Call to Order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
3. 5:30 p.m. Public hearing regarding a proposed resolution for the Alteration of Boundaries of
Town of Ithaca Fire Protection District by Exclusion of Territory Owned by Ithaca College
4. 5:30 p.m. Public hearing regarding a local law amending the Town of Ithaca Code, Chapter
270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from
Height, Setback, Buffer and Lot Coverage Requirements
a. SEQR b. Consider adoption
5. 5:30 p.m. Public hearing regarding a proposed local law amending Zoning Chapters 270 &
271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood
Development between Maple Avenue and Mitchell Street
a. Consider adoption
6. Discuss and consider acceptance of Concept and Location of Sewer Infrastructure associated
with Maplewood Project
7. Discuss and consider authorization for the Town Supervisor to sign necessary easements and
Stormwater Operation and Maintenance Agreements associated with the Maplewood Project
8. Consider setting a Public hearing regarding a proposed local law "Authorizing a Monetary
Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities"
9. Consider bond resolution for Sapsucker Woods Water Main Replacement Water
Improvement Project
10. Consider bond resolution for Christopher Circle Water Main Replacement Water
Improvement Project
11. Consider acceptance of the ReCoding Ithaca: Zoning Review and Approach Report
12. Discuss and consider authorization to apply for the NYSDEC 2016 Urban and Community
Forestry Grant Program
13. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Bolton Point Abstract
1
d. Ratify appointment of Laborer—Thomas
e. Approval of revised job description— Senior Code Enforcement Officer
f. Provisional Appointment— Senior Code Enforcement Officer
g. Provisional Appointment—Electrical and Code Enforcement Officer
h. Recommendation to County—Re-appoint TC EMC Representative —Micic
14. Report of Town Officials
15. Review of Correspondence
16. Consider Adjournment
2
Town of Ithaca
Notice of and Public Hearing
The Ithaca Town Board will hold public hearings on Monday, February 13, 2017 at Town Hall,
215 N. Tioga St at 5:30 p.m. for the purpose of considering the following:
A proposed resolution for the Alteration of Boundaries of Town of Ithaca Fire Protection District
by Exclusion of Territory Owned by Ithaca College, and
a proposed Local Law to amend Chapters 270 and 271 of the Town of Ithaca Code,to provide a
Planned Development Zone for the Maplewood development between maple Avenue and
Mitchell Street, and
a proposed a local law amending the Town of Ithaca Code, Chapter 270, entitled "Zoning",
Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot
Coverage Requirements
at which time all persons interested in the above topics may be heard on the same. Copies of the
draft local laws are available on the Town website at www.town.ithaca.ny.us.
Paulette Rosa
Town Clerk
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, being duly sworn, say that I am the 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 HEARINGS
❑ NOTICE OF ESTOPPEL
❑ NOTICE OF ADOPTION OF PUBLIC INTEREST
ORDER
PH for Maplewood PDZ
Town Exemption from Certain Zoning Regulations
Ithaca Fire Protection District Boundaries
Location of Sign Board Used for Posting:
Town Clerk's Office Town of Ithaca
215 North Tioga Street Notice of and Public Hearing
AO The Ithaca Town Board will hold public hearings
Tioga 9ntont
Ithaca, NY 14050 day, February 13, 2017 at Town Hall, a
5:30 p.m.for the purpose of considering the following:
1, A proposed resolution for the Alteration of Ba
oundries -
Town website at www.town.ithaca.nv.us Town of Ithaca Fire Protection District by Exclusion of Ter
ritory owned by Ithaca College,
a proposed Local Law to amend chapters 270 and 271 of
the Town of Ithaca Gode,leWOrovidevel opment bevoween
l-P- I
ment Zone for the Map
Date of Posting: February 4, 2017 maple Avenue and Mitchell Street, and
a proposed a local law amending the Town of Ithaca
Date of u Geation: February' 2, 2017 code, chapter 270, entitled 'Zoning", Exempting Town
i
/ of Ithaca-Owned Water Infrastructure from Height, 1
back,whirl,
time
and Lot Coverage Requirements
at which time all persons interested in the above topics
copies
may be heard on the same. Copies of the draft local laws
are available on the Town website at
www.town.ith a ca.ny.us.
Paulette
Paulette Terwilliger
Town Clerk
Town Clerk - 2/42017 o„olsiao+ s
STATE OF NEW YORK
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this-' day of
its 2017.
14Qtafy Public — �
Debra DeAugistine
Notary Public-State of New York
No.01DE6148035
Qualified in Tompkins County
My Commission Expires June 19,20
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, being duly sworn, say that I am the 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:
0 ADVERTISEMENT/NOTICE
0 NOTICE OF PUBLIC HEARINGS
0 NOTICE OF ESTOPPEL
0 NOTICE OF ADOPTION OF PUBLIC INTEREST
ORDER
PH for Maplewood PDZ s t
Town of Ithaca
Notice of and
Location of Sign Board Used for Posting: Public Hearing
�; The Ithaca Town Board will
Town Clerks Office hold a public hearing on
Monday, February 13,2017
215 North Tioga Street Sat t at 5:30 p.lm.for 15 N.
pur
Ithaca, NY 14850 pose of considering: a pro-
posed Local Law to amend
Chapters 270 and 271 of
Town website at www.town.ithaca.ny.us
Date of Posting: January 25, 2017
Date of P ication: January 28,2017
the Tov¢dj.of Ithaca Code,
to meatPI-Yrde n Planned Devel
Plewoo Zone for the Ma-
plewood development be-
Paulette Terwil i er Mitchtwe. maple Avenue and
g Mitchell Street,
Town Clerk At which time all.persons
interested in the above
proppused local law may be
1. "'C$pre's of the drat
local law are available oh
the Town website at
STATE OF NEW YORK) wwN/tOwn.ithaca ny„s:
COUNTY OF TOMPKINS) SS: I Paulette Terwilliger
Town Clerk
TOWN OF ITHACA) 128/2017
Sworn to and subscribed before me this 5i day of
— ) , 2017.
c
Nkary Public
Debra DeAugistine
Notary Pubic-State of New York
Na.OIDE6148035
oualifled in Tompkins County
My commission Expires June 19,20, .
MEETING OF THE ITHACA TOWN BOARD
Monday, February 13, 2017
Minutes
Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor;
Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas
Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement;
Mike Solvig,Director of Finance, Judy Drake, Director of Human Resources; Paulette Rosa,
Town Clerk; Jim Weber, Highway Superintendent and Susan Brock,Attorney for the Town
1. Call to Order and Pledge of Allegiance—Mr. Goodman opened the meeting at 5:36 p.m.
2. Persons to be Heard and Board Comments
a. Board of Fire Commissioners' (Attachment 1) -- Bill Gilligan
The total number of calls were down slightly from the previous 2 years. The year-end
numbers have not been finalized but there might be a slight surplus. The Chief has asked
the Commission to approve the renumbering of the stations to clear up how many stations
the department has as well as the vehicle numbers to avoid confusion.
The board had no questions but Mr. Goodman reported that Larry Sallinger has expressed
interest in serving on the Commission for the Town and that TCCOG is looking at
emergency service providers and possible shared services or options because many of the
municipalities are struggling with providing emergency services.
b. Town Historian (Attachment 2)—David George —Mr. George reviewed his written
report. Mr. DePaolo asked about the Sullivan Campaign marker and Mr. George read
the inscription.
3. 5:30 p.m. Public hearing regarding a proposed resolution for the Alteration of
Boundaries of Town of Ithaca Fire Protection District by Exclusion of Territory Owned by
Ithaca College
Mr. Goodman noted that the public hearings have been properly advertised and opened the
public hearing at 6:00 p.m. He noted that he is not envisioning taking any action on this,but he
would like to know if there is additional information the town board would like to have in order
to make a decision about this in the future.
Dave Maley, 305 Tareyton Dr. Mr. Maley stated that he was a volunteer firefighter with the
Village of Cayuga Heights which serves the Town of Ithaca so he has an understanding of what
it takes to provide these critical emergency services. He stated that in his professional job he
works at Ithaca College and works with the media and frequently serves as the spokesperson on
behalf of the College. He said he has done so at times with regards to this very issue of the
public hearing.
Town Board February 13, 2017 Pg. 1
Mr. Maley stated that he comes here tonight not on behalf of his fire department and not on
behalf of the college,but on a personal note as a town resident who is a tax payer and
homeowner who is also an employee of the College and who has a daughter who attends Ithaca
College.
He stated that the reason he has heard the Town is seeking to remove Ithaca College from its fire
protection district is ostensibly because of the high costs of contracting with the Ithaca Fire
Department to provide fire protection coverage for the College. He said that he has not yet seen
any documentation from the Town regarding what the specific cost is to provide fire protection
for Ithaca College alone and more important, as it relates to costs, what taxpayers would save by
the Town cutting the College out of its fire protection district.
Mr. Maley stated that because the College entered into a PILOT or payment in lieu of taxes
agreement with the College Circle property, he understood that the Town is not looking to cut or
exclude the apartments from the fire protection service and that makes sense because taxes are
specifically paid on the property the apartments are on, yet for the past two years, the majority of
the fire alarm calls to the Ithaca College that the fire department has responded to have been to
the College Circle apartments,therefore, cutting the rest of the College from the fire protection
district would not greatly reduce the number of calls that the IFD responds to.
Mr. Maley stated that if the Town intends to take such a drastic action and such and
unprecedented step, it would help to hear what the Town thinks the savings from this would be to
its residents such as himself.
Mr. Maley went on to say that as an employee of the College whose work place would be
removed from fire protection, as the father of a student whose classroom and lab would be
removed from fire protection, and as a town taxpayer who has been told that paying for fire
protection for the College is expensive,but who has not been told how he as a resident how he
would benefit from that protection being removed from a nonprofit institution who otherwise
provides great economic benefit to the town and the region, he asked that the Board reject this
proposal.
Brody Smith, Bond, Schoeneck & King, Attorney for Ithaca College (Attachment 3)
Mr. Smith read from his submitted letter, highlighting the three main points: Article XVI
Taxation, Equal Protection Clause of the NYS Constitution and finally the contributions made by
Ithaca College.
Mr. Smith stated that the language of Article XVI is unambiguous and has been interpreted by
the courts consistently and the courts strike down any attempts by municipalities to circumvent
the tax exempt status of nonprofit institutions. In the case of Ithaca College,this exemption has
been recognized since the 1960's when they relocated to South Hill and this year on the Wholly
Exempt portion of the final tax roll.
Mr. Smith stated that there has been no question that the College had been tax exempt for all this
time and the fust moment when this was questioned was when, in writing,the demand was sent
to Ithaca College from the Town demanding that a payment be made "voluntarily." When that
Town Board February 13, 2017 Pg. 2
payment was not made, again, in writing, it was stated that Ithaca College would be removed
from the fire protection district if that money was not paid.
Taking the two ideas together, the constitution does not provide for workarounds and the courts
are rather hostile to them, and he asserted that due to the unambiguous nature of the language of
the Constitution and the unambiguous communications written to Ithaca College with the
condition being set to pay a fee or be written out of this district, he thought it was clear that if the
Board were to vote for this resolution,they would be violating the NYS Constitution.
Mr. Smith then stated that under the NYS Constitution and the United States Constitution,there
is an equal protection clause which states that any governmental action must be rationally related
to a legitimate government interest and if the government discriminates irrationally,that would
violate the equal protection clause.
Mr. Smith stated that under the real property tax law, there are a number of entities in the Town
that are exempt from paying real property tax, including churches, hospitals, charities, nature
conservancies and theaters.
Mr. Smith stated that no reason has been articulated by the Town as to why the not-for-profit he
represents is any different than the other not for profits and other entities he may not have
mentioned in the town so why should the educational institute be singled out and not the hospital
and the churches and the charities. Mr. Smith asserted that no rational reasoning could be
articulated by the Town Board and therefore, that if the Ithaca College were to be written out of
the fire protection district, it would also violate both the NYS and the United States Constitutions
Equal Protection Clauses.
Mr. Smith stated that the third thing he wanted to talk about, which he thought was very
important, is the contributions that Ithaca College makes to the community. He said that it has
been stated before that it provides education to young people,jobs to local residents and provides
a more educated work force to the region to the benefit of the region's economy.
Mr. Smith added that in an odd twist of irony, Ithaca College donated the land that the fire
department was built on and Ithaca College has, although not required to do so, left a number of
properties on the tax rolls and does pay taxes on multiple parcels of property which it probably
doesn't have to do, including the arrangement alluded to before with regards to PILOT
agreements.
Mr. Smith stated that Ithaca College would like to see an amicable resolution to this
disagreement, but it has no choice but to defend its tax-exempt status. No not-for-profit can
concede that and continue to operate so it must defend this in this instance and he encouraged the
board to reject the resolution because it violates the NYS and Federal constitutions and he was
sure the Board has been counseled by its attorney and he was here to share the College's view
and thanked the Board for their time.
Mr. Goodman asked for any other speakers and there being no one, he closed the public hearing
at 6:10 p.m. and brought the topic back to the Town Board.
Town Board February 13, 2017 Pg. 3
The Board had no questions, saying they would seek a closed session to seek the advice of
counsel at some point rather than speak now.
4. 5:30 p.m. Public hearing regarding a local law amending the Town of Ithaca Code,
Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water
Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements
Mr. Goodman opened the public hearing at 6:12p.m. There was no one wishing to address the
Board and the hearing was closed.
Mr. Goodman explained that this would remove the necessity of going before the Zoning Board
for our own projects, but they would still go before the Planning Board for site plan approval.
He added that this had been talked about before when a certain tank project needed comptroller
approval and the timing for the ZBA didn't fit well and it would have been expedient to not have
the requirement. This only applies to water improvement projects and would be through a
number of discussions at Committee levels also and the Town is allowed,by law to exempt itself
from even the Planning Board review but that will give an opportunity for public comment.
Ms. Hunter asked about the process and whether we would be or could be tied to a Planning
Board condition and Mr. Goodman responded that we would,but it is our project and we could
therefore change the project or not do the project at all if we wanted to do that. The Town Board
would have a number of times to reevaluate the project after Planning Board review and a
number of options at any given point. Ms. Hunter stated that the Planning Board is very
autonomous and wanted to make sure there was a process for the Town Board to reconsider
projects if we got resident feedback and Mr. Goodman responded that we absolutely would have
recourse options.
TB Resolution 2017-020: SEOR: Adoption of Local Law Amending Town of Ithaca Code,
Chapter 270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure
from Height, Setback, Buffer and Lot Coverage 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 infrastructure from
height, setback,buffer and lot coverage requirements; 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 February 13, 2017, has reviewed
and accepted as adequate a Short Environmental Assessment Form (SEAT) 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 hereby makes a negative determination of
environmental significance, in accordance with the New York State Environmental Quality
Town Board February 13, 2017 Pg. 4
Review Act for the above referenced action as proposed based on the information in the SEAF
Part 1 and for the reasons set forth in the SEAF Parts 2 and 3, and,therefore, an Environmental
Impact Statement will not be required.
Moved: Rod Howe Seconded: Pamela Bleiwas
Vote: Ayes —Howe,Bleiwas, Goodman, Levine, Leary,Hunter and DePaolo
Mr. Goodman turned to the resolution of adoption which was moved and seconded for
discussion.
Mr. DePaolo stated that he thought we were endeavoring to solve a problem that doesn't exist
and he thought that in doing so we are removing a mechanism by which residents can speak out
and potentially get relief and he was not comfortable with putting ourselves or even creating the
appearance of putting ourselves as circumventing the process that other residents of the town
would be subject to so he could not support the resolution.
Ms. Leary asked how much time this would save in the process and Mr. Goodman responded
that it could be as much as 45 days; she did not foresee a lot of objections to these types of
projects and agreed with the resolution.
TB Resolution 2017- 021: Adoption of Local Law Amending Town of Ithaca Code, Chapter
270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from
Height, Setback, Buffer and Lot Coverage Requirements
Whereas, providing municipal water service is a vital part of the Town's function, and
insuring quality and reliable water service and infrastructure is essential for the community's
quality of life and wellbeing, and
Whereas, the Town has a large amount of existing Town-owned water infrastructure in
place, and the Town's options as to the locations and heights of new or modified Town-owned
water infrastructure are significantly constrained because of the interconnections between, and
interdependence of, the various water system components, and
Whereas, current Town Code zoning requirements are silent as to whether they apply to
Town-owned water infrastructure, which has resulted in the requirement for certain components
of the water infrastructure (such as water tank installations and replacements)to obtain height
variances from the Zoning Board of Appeals, and
Whereas, discussions concerning the possibility of exempting Town-owned utility
infrastructure (specifically water tanks) from certain approval processes were discussed by the
Planning Committee at meetings on April 15,2015 and May 21, 2015, and the conclusion by the
Committee was to recommend changing the Town Code to eliminate the need for height
variances from the Zoning Board of Appeals,while maintaining site plan (Planning Board)
approval requirements in order to maintain a public participation process, and
Town Board February 13, 2017 Pg. 5
Whereas, the current proposal also includes exempting Town-owned water infrastructure
from height, setback,buffer, and lot coverage requirements to include, but not be limited to,
water tanks, pump stations,pressure relief valves, and associated structures and appurtenances,
and
Whereas, at its meeting on January 23,2017, the Town Board of the Town of Ithaca
discussed a proposal for exempting Town-owned water infrastructure projects from certain Town
Code provisions and subsequently a local law regarding said proposal was scheduled for a public
hearing to be held by the Town Board on February 13, 2017 at 5:30 p.m. to hear all interested
parties on the proposed local law entitled "A Local Law Amending Town of Ithaca Code,
Chapter 270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure
from Height, Setback, Buffer and Lot Coverage 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 permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof, and
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 February 13, 2017,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
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law XX of
2017 entitled "Local Law Amending Town of Ithaca Code, Chapter 270 Entitled "Zoning",
Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and
Lot Coverage Requirements,and it is further
Resolved, that the Town Clerk is hereby authorized and directed to file said local law
with the Secretary of State as required by law.
Moved: Rod Howe Seconded: Eric Levine
Vote: Ayes —Howe, Levine, Goodman, Hunter, Leary and Bleiwas Nays —DePaolo
5. 5:30 p.m. Public hearing regarding a proposed local law amending Zoning Chapters
270 & 271 of the Town of Ithaca Code to provide a Planned Development Zone for the
Maplewood Development between Maple Avenue and Mitchell Street
Mr. Goodman opened the public hearing at 6:23p.m. There was no one wishing to address the
Board and the hearing was closed.
Town Board February 13, 2017 Pg. 6
TB Resolution 2016 -022: Adopt Local Law 5 of 2017 Amending Zoning Chapters 270 and
271 of the Town of Ithaca Code to Provide a Planned Development Zone for the
Maplewood Development Between Maple Avenue and Mitchell Street
Whereas, EdR Trust, in association with Cornell University, is proposing to redevelop the
Maplewood Apartments into a mix of townhomes, stacked flats, and multi-family apartments
buildings they would own and manage, on a+/- 17 acre site located between Maple Avenue and
Mitchell Street(Town of Ithaca Tax Parcel No. 63.-2-10.2) that Cornell University would
continue to own, and
Whereas, the Maplewood Graduate and Professional Student Housing Redevelopment
Project is consistent with the Town Comprehensive Plan,which includes the Maplewood site in
the "TND High Density" category, intending the area for a mix of higher density housing types,
"built to create an intentional neighborhood with linkages and proximity to services,
employment, public transit, and recreational areas", and
Whereas, the Town Board at its meeting on February 8,2016, referred the project to the
Planning Committee for development of a Planned Development Zone (PDZ), and
Whereas, the Planning Committee reviewed draft PDZ language, prepared by staff and
utilizing a form-based code approach, at their meetings on April 21,2016 and May 19, 2016 and
referred the draft to the Town Board for referral to the Planning Board, and
Whereas, the Town Board at their meeting on June 13, 2016 referred the draft PDZ
language to the Planning Board for review and a recommendation, and on November 1, 2016 the
Planning Board discussed and gave preliminary consideration to the PDZ language, and
Whereas, the Planning Committee revised the draft law at their meeting on November 17,
2016, addressing the remaining thresholds and language issues subsequent to the Planning
Board's discussion of the project's Final Environmental Impact Statement on November 15th,
and
Whereas, the Planning Board reviewed the final draft Maplewood PDZ local law at their
meeting on December 6, 2016 and recommended that the Ithaca Town Board enact the proposed
local law, and
Whereas, notice was duly advertised in the Ithaca Journal for a public hearing to be held
by the Town Board on February 13,2017, at 5:30 p.m. to hear all interested parties on a
proposed local law entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town
of Ithaca Code to Provide a Planned Development Zone for the Maplewood Development
Between Maple Avenue and Mitchell Street", 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 permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof, and
Town Board February 13, 2017 Pg. 7
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
a Type I Action for which the Planning Board of the Town of Ithaca, acting as lead agency in an
environmental review with respect to the project, made a positive determination of
environmental significance on May 24, 2016 and required that a Draft Environmental Impact
Statement (DEIS)be prepared, and subsequently accepted the DEIS as complete and adequate
for public review on September 20, 2016, and accepted the Final Environmental Impact
Statement on November 22,2016, and
Whereas, the Town Board, as an Involved Agency,has on December 21, 2016, adopted a
Findings Statement for the Maplewood Development project, having considered the DEIS and
FEIS and the relevant documents incorporated therein, and
Whereas, the Town Board finds it is in the best interests of the Town and its citizens to
adopt the local law; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. of
2017 entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code
to Provide a Planned Development Zone (PDZ) for the Maplewood Development Between
Maple Avenue and Mitchell Street", and it is further
Resolved, that the Town Clerk is hereby authorized and directed to file said local law
with the Secretary of State as required by law.
Moved: Rich DePaolo Seconded: Tee-Ann Hunter
Vote: Ayes —DePaolo, Hunter, Levine, Leary, Goodman,Howe and Bleiwas
6. Discuss and consider acceptance of Concept and Location of Sewer Infrastructure
associated with Maplewood Project
TB Resolution 2017 - 023 : Acceptance of the Concept and Locations of the Proposed
Public Utilities (sewer) to be dedicated to the Town in Coniunction with the Maplewood
Graduate and Professional Student Housing Redevelopment Proiect
Whereas, the Town of Ithaca Planning Board, on December 20, 2016 has granted
Preliminary Site Plan Approval for the proposed Maplewood Graduate and Professional Student
Housing Redevelopment Project located between Maple Avenue and Mitchell Street, Town of
Ithaca Tax Parcel No. 63.-2-10.2, Planned Development Zone No 15. The project involves
demolishing the existing Maplewood Apartments housing complex and redeveloping the +/- 17
acre site with up to 500 residential units (studios and 1-4 bedroom units) in a mix of townhomes,
stacked flats, and multi-family apartment buildings. The project will also include some small
retail, new interior streets,parking areas, pedestrian facilities, open spaces, storm water facilities,
and a community center. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott
Whitham, Whitham Planning& Design, LLC,Agent, and
Town Board February 13, 2017 Pg. 8
Whereas, the applicant for the above-referenced project has proposed to dedicate to the
Town of Ithaca the public utilities (sewer) as shown on the plans titled "Utility Plan: North"
(sheet C115), "Utility Plan: Center" (sheet C116), and "Utility Plan: South (sheet C117) dated
1/24/17, prepared by T.G. Miller, P.C. Engineers and Surveyors, and a sewer easement, and
Whereas, the Town of Ithaca Public Works Committee has reviewed the plans for the
above-referenced improvements proposed for dedication to the Town, and have found them
generally acceptable and recommended them to the Town Board for consideration, now therefore
be it
Resolved, that the Town of Ithaca Town Board hereby accepts the concept and locations
of the above-described improvements, subject to the following conditions:
1. Written documentation from the City of Ithaca indicating approval of the location of
the portion of the sewer line that will be constructed within the City right of way, and
2. That Final Site Plan Approval be granted by the Town of Ithaca Planning Board,prior
to the Town Board accepting the conveyance of said improvements; and
3. That the specific surveyed locations, deeds, and abstracts showing good and
marketable title for the proposed improvements and easement be submitted in a form
acceptable to the Attorney for the Town,the Director of Public Works, and the
Director of Planning,prior to dedication and acceptance of the improvements by the
Town Board, and
4. Completion of proposed utility lines to the satisfaction of the Town of Ithaca Director
of Public Works,prior to the acceptance of said improvements by the Town Board,
and
5. Acceptance by the Town Board of the proposed utilities and easement to be dedicated
to the Town.
Moved: Rod Howe Seconded: Pamela Bleiwas
Vote: Ayes —Howe,Bleiwas,Hunter, Levine, Leary, Goodman and DePaolo
7. Discuss and consider authorization for the Town Supervisor to sign necessary
easements and Stormwater Operation and Maintenance Agreements associated with
the Maplewood Project
TB Resolution 2017 - 024 : Authorization for Supervisor to sign the Stormwater
Operation, Maintenance, and Reporting Agreement and stormwater related easements
associated with the Maplewood Graduate and Professional Student Housing
Redevelopment Proiect
Town Board February 13, 2017 Pg. 9
Whereas the Maplewood Redevelopment Project includes stormwater management and
treatment facilities which necessitates entering into an Stormwater Operation, Maintenance, and
Reporting Agreement, along with stormwater easement agreements, among Cornell University,
EdR Trust, and the Town of Ithaca, for the property located between Maple Avenue and Mitchell
Street on tax parcel no. 63.-2-10.2, now therefore be it
Resolved that the Town Board does hereby authorize the Town Supervisor to sign the
Stormwater Operation, Maintenance, and Reporting Agreement and stormwater easements
associated with the Maplewood Graduate and Professional Student Housing Redevelopment
Proj ect.
Moved: Tee-Ann Hunter Seconded: Eric Levine
Vote: Ayes —Hunter, Levine, Leary, DePaolo, Goodman,Howe and Bleiwas
8. Consider setting a Public hearing regarding a proposed local law "Authorizing a
Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park
Recreational Facilities"
TB Resolution 2017 - 025: Setting a public hearinu reward a proposed local law entitled
"Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park
Recreational Facilities"
Whereas, at its meeting on February 13, 2017,the Town Board of the Town of Ithaca
reviewed and discussed the proposed local law,now therefore be it
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on
March 13, 2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled
"Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park
Recreational Facilities"
Moved: Bill Goodman Seconded: Rod Howe
Vote: ayes —Goodman, Howe,Hunter, DePaolo, Leary, Bleiwas and Levine
9. Consider bond resolution for Sapsucker Woods Water Main Replacement Water
Improvement Project
TB Resolution 2017 - 026: Bond Resolution Authorizing the Issuance of an Additional
$154,598 Bond to Pay Part of the Cost of a Water System Improvement—Town of
Sapsucker Woods Road Water Main Water Improvement Area
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at the Town Hall, 215 N. Tioga Street, in Ithaca, New York, in said Town, on
the 13a' day of February, 2017, at 5:30 o'clock P.M., Prevailing Time.
Town Board February 13, 2017 Pg. 10
The meeting was called to order by Bill Goodman, Supervisor, and upon roll being
called, the following were present: Bill Goodman, Eric Levine, Rich DePaolo, Tee-Ann Hunter,
Pat Leary, Rod Howe and Pamela Bleiwas.
The following resolution was offered by Councilman Rod Howe, who moved its
adoption, seconded by Councilwoman Tee-Ann Hunter, to-wit:
BOND RESOLUTION DATED FEBRUARY 13, 2017.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$154,598 BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY,
NEW YORK, TO PAY PART OF THE COST OF WATER SYSTEM
IMPROVEMENTS FOR THE TOWN OF ITHACA SAPSUCKER WOODS
ROAD WATER MAIN WATER IMPROVEMENT AREA, IN AND FOR SAID
TOWN.
Whereas, the capital project hereinafter described, as proposed, has been determined to
be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, which regulations state that Type II Actions will not have any adverse significant effect on
the environment; and
Whereas, the Town Board of the Town of Ithaca, Tompkins County, New York, on April
11, 2016, duly adopted a bond resolution authorizing the issuance of $425,000 serial bonds of
said Town to pay the cost of water system improvements for the Town of Ithaca Sapsucker
Woods Road Water Main Water Improvement Area, consisting of the replacement of
approximately 2,400 L.F. of an existing 8" water main with a new 8" water main in the same
alignment on Sapsucker Woods Road, beginning in the area of the intersection of Sapsucker
Woods road/Hanshaw Road and ending approximately 500 feet north of the intersection of
Sapsucker Woods Road and Sanctuary Drive, together with related ancillary facilities, as well as
other original equipment, machinery, apparatus, appurtenances, furnishings, incidental
improvements and expenses in connection therewith, and
Whereas, it has now been determined that the maximum estimated cost of such specific
object or purpose is $579,598, an increase of$154,598 over that previously authorized; and
Whereas, pursuant to provisions heretofore duly had and taken in accordance with the
provisions of Article 12-C of the Town Law, and more particularly an Order dated November 7,
2016, said Town Board has determined it to be in the public interest to improve the facilities of
the Sapsucker Woods Road Water Main Water Improvement Area, in the Town of Ithaca,
Tompkins County, New York (the "Improvement Area"), at a revised maximum estimated cost
of$579,598, and
Whereas, it is now desired to authorize the issuance of an additional $154,598 bonds of
said Town for such specific object or purpose to pay a portion of the cost thereof, now, therefore,
be it
Town Board February 13, 2017 Pg. 11
Resolved, by the affirmative vote of not less than two-thirds of the total voting strength of
the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying additional costs of water
system improvements for the Town of Ithaca Sapsucker Woods Road Water Main Water
Improvement Area, consisting of the replacement of approximately 2,400 L.F. of an existing 8"
water main with a new 8" water main in the same alignment on Sapsucker Woods Road,
beginning in the area of the intersection of Sapsucker Woods road/Hanshaw Road and ending
approximately 500 feet north of the intersection of Sapsucker Woods Road and Sanctuary Drive,
together with related ancillary facilities, as well as other original equipment, machinery,
apparatus, appurtenances, furnishings, incidental improvements and expenses in connection
therewith, there are hereby authorized to be issued an additional $154,598 bonds of the Town of
Ithaca, Tompkins County,New York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific
object or purpose is now determined to be $579,598, which specific object or purpose is hereby
authorized at said maximum estimated cost, and that the plan for the financing thereof is as
follows:
a) by the issuance of the $425,000 bonds of said Town authorized to be issued
pursuant to bond resolution dated and duly adopted April 11, 2016; and
b) by the issuance of the additional $154,598 bonds of said Town authorized to be
issued pursuant to the provisions of this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law, calculated from the date of issuance of the fust
obligations for said specific object or purpose.
Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such obligations becoming due and
payable in such year. To the extent not paid from monies raised from said Improvement Area as
applicable in the manner provided by law, there shall annually be levied on all the taxable real
property in said Town a tax sufficient to pay the principal of and interest on such obligations as
the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes, is hereby delegated to the
Supervisor. Such notes shall be of such terms, form and contents, and shall be sold in such
manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local
Finance Law.
Town Board February 13, 2017 Pg. 12
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for
the interests of said Town; including, but not limited to, the power to sell said bonds to the
New York State Environmental Facilities Corporation; provided, however, that in the exercise of
these delegated powers, he shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt
of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds
herein authorized including the dale, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, in such officer's discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Health and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing or refinancing of the specific object or
purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said
Town in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated
to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by
said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies
Town Board February 13, 2017 Pg. 13
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows: Bill Goodman, aye; Eric Levine, aye; Rich DePaolo, aye; Tee-
Ann Hunter, aye; Pat Leary, aye; Rod Howe, aye and Pamela Bleiwas, aye.
The resolution was thereupon declared duly adopted.
10. Consider bond resolution for Christopher Circle Water Main Replacement Water
Improvement Project
TB Resolution 2017 - 027: Bond Resolution Authorizing The Issuance of an Additional
$97,319 Bond to Pay Part of the Cost of a Water System Improvements—Town Of Ithaca
Christopher Circle Watermain Water Improvement Area
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at the Town Hall, 215 N. Tioga Street, in Ithaca, New York, in said Town, on
the 13th day of February, 2017, at 5:30 o'clock P.M.,Prevailing Time.
The meeting was called to order by Bill Goodman, Supervisor, and upon roll being
called, the following were present: Bill Goodman, Eric Levine, Rich DePaolo, Tee-Ann Hunter,
Pat Leary, Rod Howe and Pamela Bleiwas.
The following resolution was offered by Councilman Rod Howe, who moved its
adoption, seconded by Councilman Eric Levine,to-wit:
BOND RESOLUTION DATED FEBRUARY 13, 2017.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$97,319 BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY,
NEW YORK, TO PAY PART OF THE COST OF WATER SYSTEM
IMPROVEMENTS FOR THE TOWN OF ITHACA CHRISTOPHER CIRCLE
WATER MAIN WATER IMPROVEMENT AREA, IN AND FOR SAID
TOWN.
Whereas, the capital project hereinafter described, as proposed, has been determined to
be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, which regulations state that Type II Actions will not have any adverse significant effect on
the environment; and
Town Board February 13, 2017 Pg. 14
Whereas, the Town Board of the Town of Ithaca, Tompkins County, New York, on April
11, 2016, duly adopted a bond resolution authorizing the issuance of $325,000 serial bonds of
said Town to pay the cost of water system improvements for the Town of Ithaca Christopher
Circle Water Main Water Improvement Area, consisting of the replacement of approximately
1,300 L.F. of existing 8" water main with a new 8" water main in the same alignment on
Christopher Circle from the west side of the intersection of Christopher Circle/Christopher Lane
to approximately 120 feet east of the east side of the intersection of Christopher
Circle/Christopher Lane, together with related ancillary facilities, as well as other original
equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and
expenses in connection therewith, and
Whereas, it has now been determined that the maximum estimated cost of such specific
object or purpose is $422,319, an increase of$97,319 over that previously authorized; and
Whereas, pursuant to provisions heretofore duly had and taken in accordance with the
provisions of Article 12-C of the Town Law, and more particularly an Order dated November 7,
2016, said Town Board has determined it to be in the public interest to improve the facilities of
the Christopher Circle Water Main Water Improvement Area, in the Town of Ithaca, Tompkins
County, New York (the "Improvement Area"), at a revised maximum estimated cost of
$422,319, and
Whereas, it is now desired to authorize the issuance of an additional $97,319 bonds of
said Town for such specific object or purpose to pay a portion of the cost thereof, now, therefore,
be it
Resolved, by the affirmative vote of not less than two-thirds of the total voting strength of
the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying additional costs of water
system improvements for the Town of Ithaca Christopher Circle Water Main Water
Improvement Area, consisting of the replacement of approximately 1,300 L.F. of existing 8"
water main with anew 8" water main in the same alignment on Christopher Circle from the west
side of the intersection of Christopher Circle/Christopher Lane to approximately 120 feet east of
the east side of the intersection of Christopher Circle/Christopher Lane, together with related
ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances,
furnishings, incidental improvements and expenses in connection therewith, there are hereby
authorized to be issued an additional $97,319 bonds of the Town of Ithaca, Tompkins County,
New York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific
object or purpose is now determined to be $422,319, which specific object or purpose is hereby
authorized at said maximum estimated cost, and that the plan for the financing thereof is as
follows:
a) by the issuance of the $325,000 bonds of said Town authorized to be issued
pursuant to bond resolution dated and duly adopted April 11, 2016; and
b) by the issuance of the additional $97,319 bonds of said Town authorized to be
issued pursuant to the provisions of this bond resolution.
Town Board February 13, 2017 Pg. 15
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first
obligations for said specific object or purpose.
Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such obligations becoming due and
payable in such year. To the extent not paid from monies raised from said Improvement Area as
applicable in the manner provided by law, there shall annually be levied on all the taxable real
property in said Town a tax sufficient to pay the principal of and interest on such obligations as
the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes, is hereby delegated to the
Supervisor. Such notes shall be of such terms, form and contents, and shall be sold in such
manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local
Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for
the interests of said Town; including, but not limited to, the power to sell said bonds to the
New York State Environmental Facilities Corporation; provided, however, that in the exercise of
these delegated powers, he shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt
of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds
herein authorized including the dale, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, in such officer's discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Health and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing or refinancing of the specific object or
Town Board February 13, 2017 Pg. 16
purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said
Town in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated
to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by
said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows: Bill Goodman, aye; Eric Levine, aye; Rich DePaolo, aye; Tee-
Ann Hunter, aye; Pat Leary, aye; Rod Howe, aye and Pamela Bleiwas, aye.
The resolution was thereupon declared duly adopted.
11. Consider acceptance of the ReCoding Ithaca: Zoning Review and Approach Report
Mr. DePaola had a slight change to the terminology. Approved by the Board.
TB Resolution 2017 - 028: Acceptance of Recoding Ithaca - Zoning Review and Approach
Report for Town of Ithaca
Whereas, the Town of Ithaca adopted a Comprehensive Plan in September 2014 which
included numerous goals and recommendations aimed at improving the Town's land use
regulations, and
Whereas, in order to convey a clear understanding of the needed improvements in the
Town's land use regulations and of proposed strategies for implementing the Comprehensive
Town Board February 13, 2017 Pg. 17
Plan's directives, the Planning Department prepared the Zoning Review and Approach Report, a
document that analyzes the Town's existing land use regulations and procedures, describes their
attributes related to the Plan's goals, and provides recommended implementation solutions and
strategies, and
Whereas, the Zoning Review and Approach Report is organized around several broad
areas of proposed changes, including making land use regulations easier to understand and apply,
with clearer language,tables and illustrations; introducing new planning and zoning tools such as
form-based code and traditional neighborhood development and; improving and clarifying
procedures and administrative aspects associated with development review, and
Whereas, the Planning Committee reviewed and discussed the Zoning Review and
Approach Report and provided detailed comments and edits during numerous meetings in 2016,
concluding their review on October 20, 2016, at which time they recommended the revised
report be forwarded to the Town Board for consideration of acceptance, and
Whereas, the Town Board discussed the report at a special meeting held on October 25,
2016 and discussed the Planning Committee's recommended revised report at their meeting on
January 23, 2017 and found it to be acceptable, now therefore be it
Resolved, that the Town Board of the Town of Ithaca hereby accepts the Zoning Review
and Approach Report as finalized at the January 23,2017 meeting.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: Ayes —DePaolo, Levine, Leary, Hunter, Howe, Goodman and Bleiwas
12. Discuss and consider authorization to apply for the NYSDEC 2016 Urban and
Community Forestry Grant Program
TB Resolution 2017 — 029: Authorization to Apply for Funding through the New York
State Department of Environmental Conservation's 2016 Urban and Communitv Forestry
Grant Program to Develop a Community Forest Management Plan
Whereas, the New York State Department of Environmental Conservation (NYSDEC)
has announced the availability of funding under the 2016 Urban and Community Forestry Grant
Program,which includes a category for Community Forest Management Plans, and
Whereas, the maximum assistance allowed toward the cost of the project is $50,000 for
Community Grants, with Community Forest Management Plans not requiring any local match,
and
Whereas, the Town of Ithaca Conservation Board, on February 2, 2017, expressed their
support for this grant application and the Community Forest Management Plan project as an
important step to promote the long term health of the Town's trees; and
Town Board February 13, 2017 Pg. 18
Whereas, the Town estimates the total cost to be $50,000 to develop a Community Forest
Management Plan, outlined further in the application for this Community Forest management
Plan; and
Whereas, grant applications are due by March 1, 2017; now,therefore, be it
Resolved, that William Goodman, as Supervisor of the Town of Ithaca, is hereby
authorized and directed to file an application for a Community Forest Management Plan under
NYSDEC's 2016 Urban and Community Forestry Grant Program in an amount not to exceed
$50,000, and upon approval of said request to enter into and execute a project agreement the
NYSDEC for such financial assistance to the Town of Ithaca for a Community Forest
Management Plan.
Moved: Rod Howe Seconded: Tee-Ann Hunter
Vote: Ayes —Hunter, Howe, Levine, Leary, DePaolo, Bleiwas and Goodman
13. Report of Town Officials
Mr. Goodman reported on the settlement agreement reached with the Badger Corporation and the
authorization to sign it will be at the next meeting.
Executive Session
Mr. Goodman moved to enter executive session to discuss the history of a particular employee;
seconded by Mr. DePaolo, unanimous. 6:47 p.m.
Mr. Howe reported that the Economic Development Committee interviewed three consultants
and they have asked for a full proposal form one which will come to the Town Board in March
hopefully.
Mr. Goodman moved to reenter open session at 7:00 p.m., seconded by Ms. Leary,unanimous.
14. Consider Consent Agenda
TB Resolution 2017 - 030: 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 of January 23rd and February 2nd
b. Approval of Town of Ithaca Abstract
c. Bolton Point Abstract
d. Ratify appointment of Laborer—Thomas
e. Approval of revised job description— Senior Code Enforcement Officer
f. Provisional appointment of a Senior Code Enforcement Officer—Mosely
g. Provisional appointment of an Electrical and Code Enforcement Officer— Stonier
h. Recommendation to Tompkins County for EMC member—Micic
Town Board February 13, 2017 Pg. 19
Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas
Vote: ayes —Hunter,Bleiwas,Howe, Levine, Leary Goodman and DePaolo
TB Resolution 2017 - 030a: Approval of Minutes of January 23rd and February 2nd
Whereas, the draft Minutes of the January 23rd and February 2nd meetings of the Town Board
have been submitted for review and approval, now therefore be it
Resolved, that the Town Board hereby approves the submitted minutes as the final minutes of the
meetings on January 23rd and February 2n , 2017 of the Town Board of the Town of Ithaca.
TB Resolution 2017 - 030b: Town of Ithaca Abstract
Whereas the following numbered vouchers have been presented to the Ithaca Town
Board for approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said
vouchers in total for the amounts indicated.
VOUCHER NOS. 108 - 194
General Fund Townwide 133,091.42
General Fund Part-Town 7,197.05
Highway Fund Part-Town 203,044.15
Water Fund 60,527.37
Sewer Fund 36,124.82
Fire Protection Fund 44,296.40
Forest Home Lighting District 187.71
Glenside Lighting District 65.91
Renwick Heights Lighting District 76.86
Eastwood Commons Lighting District 166.47
Clover Lane Lighting District 19.53
Winner's Circle Lighting District 63.11
Burleigh Drive Lighting District 66.31
West Haven Road Lighting District 203.38
Coddin ton Road Lighting District 121.09
Trust and Agency 258.50
TOTAL 485,510.08
TB Resolution 2017-030: Bolton Point Abstract
Town Board February 13, 2017 Pg. 20
Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal
Water Commission have been presented to the governing Town Board for approval of payment;
and
Whereas, the said vouchers have been audited for payment by the said Town Board; now,
therefore, be it
Resolved, that the governing Town Board hereby authorizes the payment of the said
vouchers.
Voucher Numbers: 9-63
Check Numbers: 16936-16990
Capital Impr/ReplProject $ 1,252.50
Operating Fund $ 90 266.97
TOTAL $ 91,519.47
Less Prepaid $ 32 463.00
TOTAL $ 59,056.47
TB Resolution 2017—030d: Ratification of Highway Superintendent's Appointment of
Laborer
Whereas, there is a vacancy in the full time position of Laborer for the Public Works
Department; and
Whereas, the Interview Committee interviewed five candidates from an open recruitment;
and
Whereas, the Committee has determined that Dustin Thomas possesses the necessary
knowledge and skills to satisfactorily perform the duties of Laborer; and
Whereas, Jim Weber,Highway Superintendent/Director of Public Works, appointed
Dustin Thomas as Laborer, effective January 30, 2017; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify the appointment
made by the Highway Superintendent/Director of Public Works, of Dustin Thomas as Laborer,
effective January 30, 2017; and be it further
Resolved, this is a 40 hours a week positions, at the hourly wage of$18.88, which is an
estimated annual salary of$39,270 from Public Works account numbers, in Job Classification
"I", with full time benefits; and be it further
Resolved, a mandatory twenty-six (26)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 Highway Superintendent/Director of Public Works.
Town Board February 13, 2017 Pg. 21
TB Resolution 2017- 030e: Approval of Revisions to Job Description — Senior Code
Enforcement Officer
Whereas, the Code Enforcement Hiring Committee reviewed revisions to the Senior
Code Enforcement Officer Job description to update and better describe the duties of the
position; now,therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the submitted
revised job description for the Senior Code Enforcement Officer position.
TB Resolution 2017—030 f: Provisional Appointment of Senior Code Enforcement Officer
Whereas, due to the Maplewood project the 2017 budget includes filling an additional
Code Enforcement position at full time 40 hours per week; and
Whereas, the Director of Code Enforcement, Town Supervisor and Human Resources
Manager interviewed 7 candidates from the open recruitment for the position; and
Whereas, this would be a provisional appointment that requires the appointee to be one of
the top three reachable candidates from the next civil service exam for the said position; and
Whereas, the committee has determined that Martin Moseley possesses the necessary
knowledge and skills to satisfactorily perform the duties of the position and recommend
appointment effective March 6,2017; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Martin Moseley as Senior Code Enforcement Officer, effective March 6, 2017;
and be it further
Resolved, this is a 40 hours a week position, at the hourly wage of$32.41, which is an
estimated annual salary of$67,413,from account number B8010.100, in Job Classification "F",
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.
TB Resolution 2017—030g: Provisional Appointment of Electrical & Code Enforcement
Officer
Whereas, due to the Maplewood project the 2017 budget includes filling an additional
Code Enforcement position at full time 40 hours per week; and
Whereas, the Director of Code Enforcement, Town Supervisor and Human Resources
Manager interviewed 7 candidates from the open recruitment for the position; and
Town Board February 13, 2017 Pg. 22
Whereas,this would be a provisional appointment that requires the appointee to be one of
the top three reachable candidates from the next civil service exam for the said position; and
Whereas,the committee has determined that Mark Stonier possesses the necessary
knowledge and skills to satisfactorily perform the duties of the position and recommend
appointment effective February 27, 2017; now,therefore be it
Resolved,the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Mark Stonier as Electrical & Code Enforcement Officer, effective February 27,
2017; and be it further
Resolved,this is a 40 hours a week position, at the hourly wage of$29.30, which is an
estimated annual salary of$60,944, from account number B8010.100, in Job Classification"E",
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.
TB Resolution 2017-030 h: Recommendation to Tompkins County Legislature for Re-
Appointment to the Environmental Management Council—Vladimir Micic
Be it resolved, that the Town Board of the Town of Ithaca hereby recommends and
requests that the Tompkins County Legislature re-appoint Vladimir Micic for the term January 1,
2017 through December 31, 2018 to serve as a Town of Ithaca Conservation Board
Representative on the Tompkins County Environmental Management Council.
15. Review of Correspondence
Ms. Hunter asked for an update on the South Hill Trail in response to the considerable
correspondence. Mr. Goodman stated that there is a meeting on February 27h and he will report
at the meeting but it does seem like the neighbors opposed to this are gathering themselves
together and it will depend on what the Town of Caroline is going to do in great part.
Ms. Hunter reiterated the invitation to the Community Garden dinner on Saturday.
16. Consider Adjournment
Meeting adjourned upon a motion and a second.
Submitte
Paulette Rosa, Town Clerk
Town Board February 13, 2017 Pg. 23
Short Environmental Assessment Form
Part I - Project Information
Instructions for Completing
Part 1- 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 1 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
Project Location(describe,and attach a location map):
Potential locations are within the Town's water service area where new,or modification of existing,water 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 infrastructure from
height,setback, buffer and lot coverage requirements. The provisions would apply to any Town-owned infrastructure,including but not limited
to tanks,mains, pump stations,and pressure reliefvalves,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 Code:
Ithaca NY 14850
1.Does 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 El z
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 agency(s)name and permit or approval: El
3.a Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban El Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban)
❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ❑ ❑ ❑
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
❑ ❑
b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑
9.Does the proposed action meet or exceed the state energy code requirements? NO ITS
If the proposed action will exceed requirements,describe design features and technologies: El El
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ❑
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑ ❑
12. a.Does the site contain a structure that is listed on either the State or National 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 ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑Urban F-1 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
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a El ElWill storm water discharges flow to adjacent properties? E]NO YES
b.Will storm water discharges be directed to established conveyance systems runoff and storm drains)?
If Yes,briefly describe: EJNO EDYES
Page 2 of 3
18.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: El El
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: ❑ ❑
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: ❑ El
I AFFIRM THAT THE NFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
i
Applicant/sponsor e: Date: Z4 x)k1i
Signature:
PRINT FORM Page 3 of 3
Agency Use Only [If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 2 -Impact 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 1 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 my 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?
2. Will the proposed action result in a change in the use or intensity of use of land? ❑
3. Will the proposed action impair the character or 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 walkway?
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 existing:
a.public/private water supplies?
F-1-
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, F-1waterbodies,groundwater, air quality,flora and fauna)?
EZI 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage F-1problems?
11. Will the proposed action create a hazard to environmental resources or human health?
PRINT FORM Page 1 of
Agency Use Only[If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 3 Determination of Significance
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-
term,long-term and cumulative impacts.
The proposed action will not result in a significant adverse environmental impact. Water infrastructure projects will
still require Town Board approval, funding, and oversight, and SEQR analyses and determinations of significance
will apply to all projects that are not Type II (exempt from SEQR review). Projects that involve certain water
infrastructure, such as water tanks (when not a replacement in-kind or other Type II action)will also still be subject
to site plan approval by the Planning Board.
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.
I '�'<")no, z / e�I'�
Name of Agency Date
Print or Type Name of s�bleOffi in ad Agency a nsib a Off
Signature of Responsible Officer in Lead Agency Signature of Preparer rif different from Resp ible Officer)
PRINT FORM Page 2 of
CITY OF ITHACA
t4l 310 West Green Street Ithaca, New York 14850-5497
OFFICE OF THE FIRE CHIEF
Telephone: 607272.1234 Fax: 607272.2793
MEMORANDUM
To: Board of Fire Commissioners
From: Tom Parsons, Fire Chief
Date: January I O'h, 2017
Re: Fire Chief s Monthly Report to the Board of Fire Commissioners
ADMINISTRATIVE DIVISION
Administration
1) Career Personnel Report
PERSONNEL STAFFING LEVELS
1 Chief
1 Deputy Chief(per diem)
6 Assistant Chiefs
8 Lieutenants
46 Fire Fighters
62 Uniform Personnel
1 Administrative Coordinator
Total employees as of December 31 st, 2016—63
a) Vacancies
• One firefighter position due to the retirement of Assistant Chief Schnurle
b) Retirements:
c) Hiring/Promotions
• Effective December 110, 2016, Lt Brian Weinstein has been promoted to
Assistant Fire Chiet and Firefighter Greg Stilwell has been promoted to Fre
Lieutenant.
Page 3 of 5 - Fire Chiefs Monthly Report January 10"', 2016
LIFE SAFETY DIVISION
Fire Prevention Bureau
1) Code Enforcement Division: The following is a list of Activities for December 2016:
Complaints Received 14
Referred to the City Building Division 8
Referred to the Town of Ithaca 1
Investigated by the Fire Prevention Bureau 5
Inspections: 86
City Fire Safety & Property Maintenance 39
City- Permit Required City Fire Safety 32
Town Fire Safety& Property l
City- Sprinkler Inspections 7
City-Alternative Fire Protection Systems l
City- Fire Alarm Inspection 2
City— Standpipe Hydrostatic Test 0
City- Standpipe Flow Test 0
City— Fire Pump Flow Test 0
City—Elevator 4
Permits or Certificates: 10
Operating Permit—Assembly Occupancy 10
Operating Permit—Hazardous Occupancy 0
Operating Permit—Lumber Yard 0
Operating Permit—Elevator 9
Operating Permit—Fireworks 0
Certificate of Compliance—Occupancy 0
Certificate of Compliance— School 0
Certificate of Compliance-Fire Alarm 0
Certificate of Compliance - Fire Sprinkler 0
Certificate of Compliance - Fire Pump 0
Certificate of Compliance—Fire Standpipe 0
Occupancy Posting Certificate 0
Certificate of Compliance- Alternative Suppression 0
2) Fire Investigation Unit:
Page 5 of 5 - Fire Chiers Monthly Report January 10`h, 2016
Hazardous Conditions: 0
Service Calls: 0
Good Intent: 3
Alarms/No Fires: 0
Severe Weather: 0
Simultaneous Incidents: 65 Incidents (16.05%)
3) Emergency Management:
No Report.
4) Mutual Aid Calls: Quarterly Report
Support
I) Training
Quarterly Report
2) Training Center
Quarterly Report
Volunteer Recruitment and Retention
1) Summaries of Service Hours: Quarterly Report
2) There are currently 12 Active Volunteer Firefighters and Fire Police
3) There are no applications pending review by the interview committee and Company 9.
Ithaca FD
Incident Type Period Comparisons
Alarm Date Between (01/01/2016) and 112/31/20161
cident Type 01/01/2016 01/01/2015 01/01/2014 01/01/2013
to to to to
12/31/2016 12/31/2015 12/31/2014 12/31/2013
)0 Fire, Other 9 10 13 6
.1 Building fire 37 49 38 32
.2 Fires in structure other than in a building 0 1 2 1
3 Cooking fire, confined to container 17 25 23 24
.4 Chimney or flue fire, confined to chimney or 0 3 5 1.
.6 Fuel burner/boiler malfunction, fire confined 1 1 0 1
.8 Trash or rubbish fire, contained 3 1 4 5
U Fire in mobile home used as fixed residence 1 0 0 0
10 Mobile property (vehicle) fire, Other 1 1 1 2
11 Passenger vehicle fire 12 14 14 14
S2 Road freight or transport vehicle fire 0 1 2 2
14 Water vehicle fire 0 1 0 1
18 Off-road vehicle or heavy equipment fire 0 0 2 0
0 Natural vegetation fire, Other 14 4 4 2
:2 Brush or brush-and-grass mixture fire 6 2 2 2
3 Grass fire 5 2 1 0
i0 Outside rubbish fire, Other 6 3 5 6
it Outside rubbish, trash or waste fire 8 8 12 8
A Dumpster or other outside trash receptacle fire 5 3 5 4
i0 Special outside fire, Other 4 6 0 6
it Outside storage fire 0 0 1 1
i2 Outside equipment fire 0 0 0 1
'0 Cultivated vegetation, crap fire, Other 2 0 1 1
10 Overpressure rupture, explosion, overheat other 0 1 0 0
2 Overpressure rupture of steam boiler 0 0 0 1
'1 Overpressure rupture of air or gas pipe/pipeline 1 0 0 0
11 Chemical reaction rupture of process vessel 1 0 0 1
0 Explosion (no fire) , Other 0 0 1 1
l Excessive heat, scorch burns with no ignition 2 6 3 0
10 Rescue, EMS incident, other 6 14 11 15
iOlGorge Rescue, EMS incident, Ground Evacuation 3 2 1 1
102Gorge Rescue, EMS incident, Low Angle Rope 0 0 2 1
1 Medical assist, assist EMS crew 29 24 21 24
'0 Emergency medical service, other 87 61 66 47
'1 EMS call, excluding vehicle accident with injury 1959 2050 2057 1940
'2 Motor vehicle accident with injuries 85 74 101 102
3 Motor vehicle/pedestrian accident (MV Ped) 17 17 16 23
4 Motor Vehicle Accident with no injuries 42 31 34 39
11 Lock-in (if lock out , use 511 ) 2 4 0 1
i11Lock-in / Knox Box Access Required 4 1 1 0
;12Lock-in / Force Entry Required 1 3 0 1
1 Search for person on land 0 0 0 1
)1/09/2017 15:05 Page 1
Ithaca FD
Incident Type Period Comparisons
Alarm Date Between 101/01/20161 and (12/31/2016)
icident Type 01/01/2016 01/01/2015 01/01/2014 01/01/2013
to to to to
12/31/2016 12/31/2015 12/31/2014 12/31/2013
31 Smoke or odor removal 10 8 5 8
40 Animal problem, Other 1 2 1 0
41 Animal problem 1 1 1 0
42 Animal rescue 2 1 2 1
50 Public service assistance, Other 7 19 15 16
51 Assist police or other governmental agency 22 16 24 22
52 Police matter 6 7 7 3
53 Public service 11 8 9 5
54 Assist invalid 7 13 7 16
55 Defective elevator, no occupants 0 1 1 1
61 Unauthorized burning 8 12 8 12
71 Cover assignment, standby, moveup 4 3 2 i
00 Good intent call, Other 74 60 65 72
11 Dispatched & cancelled en route 9 8 7 5
111Dispatched & cancelled en route - By Dispatcher 20 12 19 8
112Dispatched & cancelled en route - By Bangs 304 261 218 218
113Dispatched & cancelled en route - By CUEMS 40 66 67 70
114Dispatched & cancelled en route - By CU EH&S 193 180 139 111
115Dispatched & cancelled en route - By IC Safety 109 102 70 69
117Dispatched & cancelled en route - By MA Dept 18 5 10 4
118Dispatched & cancelled en route - By IPD 15 12 9 17
119Dispatched & cancelled en route - By Other 3 1 2 0
21 Wrong location 0 4 2 1
22 No Incident found on arrival at dispatch address 41 41 33 31
31 Authorized controlled burning 1 0 2. 4
91 Vicinity alarm (incident in other location) 0 1 1 1
50 Steam, Other gas mistaken for smoke, Other 1 1 1 0
51 Smoke scare, odor of smoke 18 16 10 15
52 Steam, vapor, fog or dust thought to be smoke 4 5 3 5
53 Smoke from barbecue, tar kettle 1 0 1 2
51 EMS call, party transported by non-fire agency 1 1 2 1
71 BazMat release investigation w/no HazMat 47 47 46 24
l0 False alarm or false call, Other 38 24 13 8
)OIFalse alarm or false call, Other - Medical Alarm 74 82 64 47
LO Malicious, mischievous false call, Other 5 13 5 14
Ll Municipal alarm system, malicious false alarm 3 2 0 4
L2 Direct tie to FD, malicious false alarm 0 0 1 0
L3 Telephone, malicious false alarm 0 2 1 1
L4 Central station, malicious false alarm 34 35 40 49
L5 Local alarm system, malicious false alarm 3 4 4 3
?1 Bomb scare - no bomb 0 1 1 0
30 System malfunction, Other 41 25 23 26
01/09/2017 15:05 Page 3
Ithaca FD
IFD Mutual Aid Responses by Department (Summary)
Alarm Date Between {01/01/2016) And (12/31/20161
,pe of Aid Count Type of Aid Count
i001 Brooktondale Fire Department 55018 Trumansburg Fire Department
.teal aid given 2 Mutual aid received 1
2 Mutual aid given 11
Automatic aid given 1
i002 Cayuga Heights Fire Department 13
tual aid received 8
tual aid given 3 55019 Varna Fire Department
tomatic aid given 3 Mutual aid given 4
14 4
X004 Danby Fire Department
tual aid received 1
tual aid given 7
8
006 Enfield Fire Department
tual aid received 1
tual aid given 3
4
007 Freeville Fire Department
tual aid given 1
1
011 Lansing Fire Department
tual aid received 4
tual aid given 3
7
013 Newfield Fire Department
tual aid received 9
tual aid given 1
10
315 Slaterville Fire Department
=ual aid given 2
2
)18 Trumansburg Fire Department
/10/2017 15:06 Page 1
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Board of Fire Commissioners
Report to Ithaca Town Board
February 13,2017
The following is a summary of the Board of Fire Commissioners quarterly report to the Ithaca
Town Board for the fourth quarter of 2016.
Included with this report are:
• The Fire Chief's Report given at the January 10, 2017 BFC meeting. This includes the
Fire Marshal's Report & Fire Prevention Bureau activity.
• The department call activity reports for January 1- December 31. 2016. Total calls were
5,132 (slightly lower than prior 2 years—5,149 & 5,164).
• The financial operations summary through December 31,2016.
Fire Department Operational Staffing (December 31, 2016).
As of December 31, 2016 the active Uniformed staff totaled 62 (1 Chief, 6 Assistant
Chiefs, 8 lieutenants, &46 Fire Fighters plus 1 Deputy Chief on per diem). In addition
there is 1 Administrative Coordinator for a total of 63 personnel.
• As of December 3151, there was one vacant firefighter position created by the retirement
of Asst. Chief Mike Schnurle in October. This position was filled by recruit firefighter
Alexandra Gresov in January 2017.
• Brian Weinstein was promoted to Assistant Chief and Greg Stillwell to Lieutenant in
December 2016 to fill the openings created by Asst. Chief Schnurle's retirement.
2016 Budget—The total 2016 approved operating budget (excluding benefits and debt service) is
$6,119,063. Expenditures as of December 31, 2016 were $5,877,122. This is
approximately 96%of the department's operating budget, leaving a balance of
approximately 4% for the final quarter with some additional expenditures/adjustments to be
recorded when the City Controller's office finalizes its year end activity. A small budget
surplus is expected at the end of the year.
2017 Budget The 2017 Ithaca City budget was approved by Common Council in November
2016. The Ithaca Fire Department's budget increased by slightly less than 2%,to $10,060,747
including debt service and employee benefits. The 2017 budget includes funding for a full time
deputy chief position beginning in December of 2017.
Station 9 (Collegetown)—Currently there is no specific alternate site under consideration for
relocation of Station 9, but the future of this station is still an open issue. The BFC will be
including this issue in its discussion of developing a strategic plan for the Ithaca Fire
Department. (next item)
Strategic Plan for Fire Department - The Mayor has asked the Board of Fire Commissioners
to take the lead in developing a strategic plan for the Fire Department. The Board began
discussions of what the planning process would entail at its January meeting. Subsequent to the
January discussion, a meeting was held with the Mayor to clarify the scope of this effort and the
potential resources available to support the effort.
Apparatus - The two new pumper engines ordered from Seagrave Fire Apparatus, LLC were
delivered in January 2017. They have been placed into service and orientation on their operation
has been conducted over the last few weeks.
Board of Fire Commissioners
Report to Ithaca Town Board
February 13,2017
There is an additional company member who completed the formal interior course in December
and is receiving departmental training to allow him to also serve as an interior fire fighter. This
will bring the number of interior volunteers to 5.
An ad hoc committee consisting of 2 members of the Board (Commissioners Gilligan &
Guttridge), Chief Parsons, Assistant Chief/Training Officer Weinstein,plus a member from
Company 9 will continue working to address various volunteer issues including training,
recruitment, and retention.
Other Items & Items in progress
1 There has been an improvement in the on-going issue with the CAD (computer aided
dispatch) system used by the 911 Center. It appears that software and hardware updates
made by the dispatch center as well as quality control training have improved the
Center's protocol for dispatching a Fire Engine to certain lower risk EMS calls. This will
potentially allow a reduction in the number of EMS calls requiring a response from the
Department.
2 The Board is holding information sessions regarding departmental operations prior to the
beginning of the formal BFC meetings. The Board had a tour of central station and the
apparatus maintained there prior to its October meeting. These sessions provide an
opportunity to learn more about specific areas of department operations such as
organization of department into shifts, protocols for dispatching apparatus based on
criteria established with County 911 center, EMS call response protocols, Hazmat
operations,Code division work, Rope rescue operations, water rescue, equipment and
vehicles used by the department, etc. In conjunction with these sessions, the Board is
also discussing with the Chief the possibility of scheduling an annual or semi-annual
session at the training center that would provide an opportunity to provide a live
demonstration of the responses required by the department to emergency incidents.
3 Charter Review-the Board is continuing its discussion of the role of BFC. We anticipate
working with the Board's Common Council Liaison Gearhart, the Common Council, and
Town Board to develop recommendations for clarifying and updating the role of the
BFC. The Board has responded to a survey requested by the Common Council's
Working Group looking into ways of making City Boards and Committees more
effective and efficient.
4 Resource recovery/False Alarm Policy—Currently on hold pending review with the City
Attorney.
5 County Fire-Disaster—EMS Advisory Board—no new action on this issue.
6 Training Center Facility Project—no construction has been authorized due to the training
site being located on land designated as City Park land. The Training facility will be
included in the strategic planning process.
Respectfully Submitted, Bill Gilligan, Chair, Board of Fire Commissioners
--rs ►317
2017 Town of Ithaca Historian Report
In the past year, my activities have included the following:
1) Attendance at and participation in monthly meetings of the Municipal
Historians of Tompkins County, including the October 1, 2016 meeting
which included a talk by Devin Lander,the new NYS Historian.
2) Participated in preparation and proofreading of new Town history
brochure. The brochures are in the final stage of preparation.
3) Spoke at the Grave Marker Dedication Ceremony for American
Revolutionary War Soldier Zacheus Salyer on October 2, 2016 at Kings
Cemetery, Ithaca. The event was sponsored by the Finger Lakes Chapter of
the Empire State Society of the Sons of the American Revolution (SAR). I
received valuable assistance from Town of Newfield Historian Alan Chaffee
in researching the history of the cemetery which includes other veterans of
the Revolutionary War.
4) Responding to new public inquiries:
A) The Cornell Residential Club Fire of April 5, 1967
In the spring I received an inquiry about the Cornell Residential Club fire of
April 5, 1967 from a Cornell alumnus conducting an independent
investigation. 1 assisted by researching history of the deeds of the property
located at 111 Country Club Road in Ithaca, by interviewing current and
former government officials, by obtaining a copy of the official report on
the fire, looking into memorial recognition of the professor who died in the
fire while trying to save students trapped in the building, and by conducting
searches for court, police and fire records related to the investigation.
B) Sullivan Campaign marker
In the summer, I received a request to try to locate an old historical marker
that was not listed in the Town of Ithaca's 175`h Anniversary Historical
Markers publication dated November 1, 1996. The missing marker was part
of a series of 29 monuments put up in 1929 marking the "Routes of the
armies of General John Sullivan and General James Clinton." The marker
was mentioned in a 1973 U.S. Department of Transportation manuscript on
highway improvement. Also mentioned were the remains of the village of
Coreorgonel described as consisting "mostly of scattered cabin sites." I
talked to other historians and looked around the area of the intersection,
but 1 did not find it. Then I contacted Rich Schoch of the Town of Ithaca
Public Works Department. He not only knew of the marker, but he went
out and photographed it. I passed the photos to the person who had
inquired and who had feared the monument had disappeared.
C) Directed a law office investigating a liability case to the correct jurisdiction:
The City of Ithaca.
D) Notified the City of Ithaca Historian of a new historical marker located in
her jurisdiction.
5) Following up on an earlier case:
Attended meeting of the Town of Ithaca Public Works Department in the
summer in which I presented information about the Bostwick Road
Cemetery, NYS Town Law, and previous Town investigations into the
cemetery. It was decided that the Town would resume mowing the
cemetery. I would recommend that the cemetery be mowed 3 times per
year: before Memorial Day,July 4 and Veterans Day.
Respectfully submitted, February 13, 2017,
David George
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BOND & KINGNECI<
One Lincoln Center I Syracuse,NY 13202-1355 1 bsk.com
BRODY D.SMITH,ESQ.
bsmith@bsk.com
P:315.218.8225
F:315.218.8925
February 13, 2017
VIA HAND DELIVERY
Ithaca Town Board
The Town of Ithaca
215 North Tioga St
Ithaca, NY 14850
Re: A Proposed Resolution to Alter the Boundaries of the Town of Ithaca Fire
Protection District to Exclude Property Owned By Ithaca College
Dear Members of the Town Board:
We represent Ithaca College regarding the above-referenced matter and submit this
letter in opposition to the proposed resolution to exclude property owned by Ithaca
College from the Town of Ithaca (the "Town") Fire Protection District(the "Fire
Protection District"). The proposed resolution should be rejected by the Town Board
because its passage would violate the United States Constitution, the New York State
Constitution and because it ignores the contributions Ithaca College makes to the
community.
The Proposed Resolution Would Violate New York Constitution Article XVI 4 1
New York State Constitution Article XVI § 1 states that real property used for religious,
educational or charitable purposes are exempt from taxation and that a municipality
may not alter or repeal those real property tax exemptions. The United States Supreme
Court held that Article XVI § 1 was specifically crafted to protect certain non-profit
organizations from the burdens of real property tax. Attempts to circumvent Article XVI
§ 1 and mitigate the cost of local services through fees, charges, `special taxes' or other
creative mechanisms have been consistently struck down.
The Town has long recognized Ithaca College as a tax exempt organization protected
by New York State Constitution Article XVI § 1. Since relocating to South Hill in the
1960s, Ithaca College and its students have relied on the Town for fire protection
services. The Town's obligation to provide such fire protection services was never
questioned by the Town or the community. The Town reaffirmed Ithaca College's tax
exempt status by placing the Ithaca College Campus on the "Wholly Exempt" section of
the Town's 2016 final tax assessment roll.
2843665.2
Attorneys At Law i A Professional Limited Liability Company
Ithaca Town Board
February 13, 2017
Page 2
The Town Board now seeks to circumvent the tax exempt status conferred upon Ithaca
College by the New York State Constitution. The Town first demanded "voluntary" tax
payments. This first demand was followed by the unambiguous threat that failure to
make such "voluntary" tax payments would result in the Ithaca College being excluded
from the Fire Protection District. In light of the Town's admissions that such exclusion is
designed to extract tax payments from Ithaca College for fire protection services, if
passed, a court challenge would seem inevitable, as would a negative outcome for the
Town.
The Proposed Resolution Would Violate the Equal Protection Clause of the New
York State Constitution and the United States Constitution
Both the State and Federal Constitution prohibit municipalities from denying any person
the equal protection of the laws. Pursuant to these constitutional provisions, all
legislation must be rationally related to a legitimate governmental purpose. Thus, the
Town Board may not irrationally discriminate against similarly situated non-profit
entities.
The Town Board's attempt to exclude Ithaca College from the Fire Protection District is
an unconstitutional denial of equal protection of the laws because it discriminates
between non-profit entities. There are numerous properties within the Town that
received the RPTL § 420-a exemption, including churches, hospitals, charitable
organizations, nature conservancies and other educational institutions. However, the
Town has leveled threats against and demanded "voluntary" payments from only one
tax exempt organization, Ithaca College. The Town's failure to equally apply the law to
all non-profit organizations is unjust, unfair and unconstitutional. Such action also
creates a dangerous precedent by which the Town would have the authority and legal
obligation to demand payments from every other non-profit in our community, including
medical centers, theaters, nature conservancies, and houses of worship.
The Proposed Resolution Ignores Ithaca College's Contribution to the Town, the
Fire Protection District and the Community
When reviewing the proposed resolution, the Town Board should not overlook Ithaca
College's substantial contributions to this community. As an initial matter, Ithaca
College brings enormous economic benefits to the community, including stable jobs and
the promotion of a well-educated local work force. In addition to these important
contributions, Ithaca College also has a long history of supporting the fire department,
which includes the donation of the land on which the existing fire department is built.
Finally, as the Town Board acknowledged at its January 9, 2017 meeting, Ithaca
College also already contributes to the community through the payment of voluntary tax.
Specifically, Ithaca College already makes substantial tax payments to the Town and
2843665.2
Ithaca Town Board
February 13, 2017
Page 3
Fire Protection District via a Payment in Lieu of Taxes Agreement and Ithaca College's
voluntary decision to leave some of its properties on the tax rolls. If the Town persists
with its unconstitutional demands and threats, Ithaca College may have no choice but to
reconsider these existing voluntary tax payments in the future.
For the foregoing reasons, we respectfully request that the proposed resolution be
rejected. Thank you for your consideration in this matter.
Sincerely,
BOND, SCHOENECK & KING, PLLC
7)--V- Al,�
Brody D. Smith, Esq.
2643665.2