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HomeMy WebLinkAboutTB Packet 2018-01-29 Meeting of the Ithaca Town Board Monday, January 29,2018 at 4:30 p.m. Agenda 1. Call to Order 2. Presentation by Nick Goldsmith—Update on Green Building Policy Grant 3. Discuss NYSBRDA Grant options 4. Discuss Coddington Road Community Center request for park change 5. Discuss fee schedule for the Operating Permit Program 6. Committee Reports Budget P&O Planning Public Works Codes and Ordinances Other 7. Consider Consent Agenda items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Ratify permanent appointment of Maintenance Supervisor—Hulbert 8. Board Comments, Official's Reports and review of Correspondence 9. 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Tioga Street, Ithaca, NY 14850 F > 1921 Office of the Supervisor Nick Goldsmith, Sustainability Planner EW yOg, Email: ngoldsmith@town.ithaca.ny.us Phone: 607-273-1721 x136 To: Town Board From: Nick Goldsmith, Sustainability Planner Date: January 25, 2018 Re: NYSERDA Clean Energy Communities Grant Dear Town Board, This document provides information related to the NYSERDA Clean Energy Communities discussion that is on the agenda for your upcoming study session on January 29. The New York State Energy Research and Development Authority (NYSERDA) Clean Energy Communities (CEC) program provides grants to municipalities that earn the Clean Energy Community designation. Last week, the Town was designated a CEC for completing four of 10 "high-impact" actions: • Benchmarking: Adopt a policy to report the energy use of municipal buildings on an annual basis; • Solarize: Undertake a solarize campaign to increase the number of solar rooftops in the jurisdiction; • Climate Smart Communities Certification: Earn Climate Smart Community Certification through compliance with this robust, comprehensive rating system; and • Energy Code Enforcement Training: Train code compliance officers and other municipal officials in best practices in energy code enforcement through training, collaborative plans reviews, and joint onsite inspections of local construction projects. The Town now has three months to submit an application for $50,000 of project funding. This money is reserved for the Town, but our project proposal must score well enough to be approved. Many points are awarded for energy savings and greenhouse gas reductions. Other criteria include: collaboration and knowledge transfer; innovation and replicability; and economic development. A variety of potential projects ideas are provided by NYSERDA for guidance, such as: Installation of renewables (solar, wind, and ground source heat pump); Electric vehicles and charging stations; Community-focused campaigns; Advanced HVAC/combined heat and power; Wastewater and water treatment plant upgrades; Fleet fuel tracking; and LED streetlight conversion through utility buyback. There is an active local effort to address streetlights; more information is provided below. Cities nationwide have converted their streetlights to LED technology, resulting in major reductions in maintenance costs, electric costs, energy use, and carbon emissions, as well as improvements in lighting quality and perceived security.The City of Ithaca is leading a county-wide consortium to upgrade municipal streetlights to LED technology, and the Town has the option of joining several other local municipalities in this effort. The payback period, after accounting for the purchase of the lights from the utility and the purchase and installation of new LED lamps, has been 4 to 10 years for several cities nationwide. The City expects payback in less than 5 years for its 2,000 lights. NYSERDA CEC grants have been used by other municipalities for LED streetlight projects. The Town of Ithaca has nearly 300 lights that are currently leased from NYSEG, spread over 10 streetlighting districts. In addition to electricity costs, we pay a flat monthly lease fee for the lights, poles, and associated equipment, for an annual total of $50,000- 60,000. NYSEG maintains the lights. The proposal being discussed by Tompkins County municipalities is to buy back streetlights from NYSEG and convert them to LEDs (estimated annual savings of 50-70%). Another option could be to continue leasing from NYSEG, but switching to the new LED tariff (estimated annual savings of about 15%). Joining the local consortium opens the possibility for several shared services, which fall under the County's Shared Services Plan. Most of these items are opt-in, so if the Town decides to participate, it is not obligated to take part in all of them. • Each municipality could elect to negotiate the purchase of its existing streetlights from NYSEG on its own, or to use a consultant. The Town will soon receive a pricing proposal from NYSEG. • A GIS inventory of existing lights is planned to be a shared service. • The design of the new lighting system (number of lights, technical specifications, etc.) is planned to be a shared service. The City is in the process of engaging a design consultant. • The purchase of new LED lights could potentially take advantage of an existing bid and/or could pool the buying power of local municipalities. • The actual upgrade from existing lights to LED lights is planned to be a shared service. • The ongoing maintenance of the new LED lights is planned to be a shared service.The City of Ithaca is hiring additional staff to maintain its lights, and has made an offer to maintain the lights of other local munis at cost. On the following page is a rough financial estimate based on City of Ithaca analysis. This is intended to give a scale of the costs and benefits, and is by no means final. It shows a buyback and retrofit cost of about $200,000, annual savings of about $40,000, and a payback period of five years. I look forward to discussing these issues on the 201h, and I am happy to provide additional details before or after the meeting. Please feel free to contact me at your convenience. Rough Financial Analysis of LED Streetlight Retrofit ITEM AMOUNT NOTES Annual Operating Costs $57,422 RETROFIT COSTS Cost of Buyback from NYSEG $109,778 Timing: Late 2018. Based on City's proposal from NYSEG. LED retrofit cost $91,200 Timing: Late 2018 or 2019. Includes lamp cost and installation, but not rebates or grant funding TOTAL RETROFIT COST $200,978 ANNUAL OPERATIONAL COST SAVINGS Maintenance Savings $23,306 Energy Cost Savings $16,889 Reasonable. Could easily be more. TOTAL ANNUAL SAVINGS $40,195 70%savings from current costs SIMPLE PAYBACK PERIOD 5.0 �yu(IVYOGI Iry�� � I m , dinqtonlload 9ITY CENTER January 23,2o18 Town of Ithaca Planning Department 215 North Tloga Street Ithaca, NY 14850 Dear Supervisor Goodman, Bodrd of Directors Since 1949, when Coddington Incorporated,our goal has been to meet the needs of the South Hill area and greater Ithaca community. For nearly 70 years there have been potluck Paul Cognetra,President dinners,festivals and recreational events happening on our property. In 1986,the center began to grow as a child care center,expanding our offerings twice since that year and forming Clarissa Coombs,secretary partnerships with others that would allow us to better serve area residents.As I am sure you are Iaebe Meler-swvaln,Treasurer aware,one of our most Important collaborations has been with the Town of Ithaca. For many years,our designated 1.64 acre park space has been developed and maintained by the town Adam wheeler while we facilitated Its use. I am writing today to share our intent to begin the next chapter of Chr'Is 5avincw growth at Coddington. Our child care programs are flourishing as are our youth programs. In addition,a little Carrie 5cheibner over a year ago we added a community program coordinator who is dedicated to development and oversight of our neighborhood outreach. In keeping with our mission,we have continually sought input from the community as to their wants and needs related to family and youth programming and then we work to respond by adding or changing programming. In our next phase of growth we intend to Increase the size of our facility,including bathrooms accessible to the outside,so we can permanently house our expanding indoor and outdoor programs.We Executive Direalar also intend to Include flexible indoor space that can be used for and by the community In a variety of ways. Lastly,we are developing a trail system throughout our 12 acres of fields and Heather Mount woods that will enhance our existing programs and attract even more people to our property. cerate{8trrn rid.Community The first hurdle in this process relates to the park easement that currently exists.The sxo coddington road designated area includes our large ballfield and one pavillon that are located right at the front Ithaca,N.Y.148150 edge of our property line.In order to develop a construction plan that will include space for the (60'x):m'/7''4i%4 building,additional parking,an expanded septic system and updated play spaces,we are asking (60/)x7y-sa•yy(fax) the Town to consider allowing us to adjust the location of the current easement.With this Tax ID 16-V3395.3 flexibility we would then be able to formalize our plans,which would continue to Include ballfield and pavilion space,and move through the remainder of the planning and approval crcc.@c:oddirigtonread.org process. I have Included a site map which Indicates the space that we anticipate will be needed vvww.ceddingtonroad.or8 and also a proposed alternative park space. Throughout Coddin on's history we have shown our commitment to providing space and programming for the childcare and recreational needs of the community.Granting this request will improve our ability to continue doing so. I am happy to provide additional information as needed and/or to attend a meeting of your board. Sincerely, iN/'G� Da .. Feather Mount Executive Director a nonprofit organization dedicated to supporting families by providing children and youth with exceptional care In a warm,accepting,and safe environment.We are committed to providing enriching educational experiences In which children learn to carry out responsibilities,make decisions,express themselves creatively,and discover friendships. .. ., w. ........... �. I m......... ... ....... IIIof ISI a I tN I I " q a R111 -e „A � j%T $ 1i �� 3 pee \ � � r' Ilk A t _ W. W. oil 'k CH oil ILA Q J1, 5 � i� V In AW, 8 �� � w ............... ....... ............. i AS MXG" POLE" ON up m tr_t_t2 ,✓' �, "o 2-0'x< nur 4tN 0.0'. An aY16l In 000, 0 0 ! � ozw mom FOMUWDMW PILO m� W 'W W ar MIA we tale ar w�p+xa waive a i; aer 4 : i 1.. �. Mme, me E wu. t 7� �g 4Tje sono I I . � x,10' No r M. VA4-Q4A �+ HMOL hamoymms-401 mom I r ' ar awn 1"-"s OMWAVW lowI 1W. UPAYOFON-01 Lwor- j I st IM.rwx Imp • or twu I � u Tip 1 f / w , I III Y o � I co CL O CL N g i� r ul N CGCL Gd Io, w4) v Y. N cc w (� N rT� ➢ rn��,� � i (4) i I III I tau TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Paulette Rosa,Town Clerk Phone: (607)273-1721 Debra DeAugistine, Deputy Town Clerk prosa(@.town.ithaca.ny.us Fax: (607)273-5854 ddeaugistine@town.ithaca.ny.us NOISE PERMIT APPLICATION —$50 Multiple events in a 6 month period Application If'orcin irnu.uM Ih e rsu.ulkzirtniitted at Ilan a st 21 clays s Ikz0oire the hirM eveirut. Permit is limited to no more than two events in any given week(Sunday— Saturday) between the hours of 12 noon and 9 p.m. for no more than 4 hours on any given day. Effort should be made to keep noise at a reasonable level. NAME/ORGANIZATION: PERSON(S) RESPONSIBLE FOR EVENT: ADDRESS: PHONE NUMBER: ALTERNATE PHONE EMAIL: LOCATION OF EVENT: REASON/DESCRIPTION OF EVENT: PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example —amplified music or speakers, cheering, non-amplified instruments) NOISE ABATEMENT & CONTROL METHODS TO BE USED (Example: speakers will be faced a certain way): DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses amplification and cannot be heard sufficiently without it) SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS: OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION: Notification of the Public Hearing The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held to allow for comments. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. (Town Code, Chapter 184, Section 12, D). The Town, in its sole discretion, can revoke this permit at any time. The undersigned applicant affirms that the foregoing information is true, complete and correct: Signature of Applicant: Date of public hearing: Sheriff Notified: Permit issued on: Special conditions: TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Paulette Rosa,Town Clerk Phone: (607)273-1721 Debra DeAugistine, Deputy Town Clerk prosa(@.town.ithaca.ny.us Fax: (607)273-5854 ddeaugistine@town.ithaca.ny.us NOISE PERMIT APPLICATION —$50 Multiple events in a 6 month period Application If'orcin irtnu.uM Ih e rsu.ulkzirtniitted at Ilan a st 21 clays s Ikz0oire the hirM eveirut. Permit is limited to no more than two events in any given week(Sunday— Saturday) between the hours of 12 noon and 9 p.m. for no more than 4 hours on any given day. Effort should be made to keep noise at a reasonable level. NAME/ORGANIZATION: Ithaca Beer PERSON(S) RESPONSIBLE FOR EVENT: Paulette Rosa ADDRESS: 222 Ithaca Beer Drive PHONE NUMBER: 607-273-1721 ALTERNATE PHONE: 607-273-1783 EMAIL: getmusic(cDfun.com LOCATION OF EVENT: 22 Ithaca Beer Drive REASON/DESCRIPTION OF EVENT: Outdoor dinner music on Thursdays and Saturday entertainment with alternate days of the week possible due to scheduling and/or weather PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example —amplified music or speakers, cheering, non-amplified instruments) We envision small-scale entertainment on Thursdays, with light amplification. These bands are envisioned as light dinner music with the Saturday entertainment being a bit more dance-like and slightly louder than what is considered dinner music by most. NOISE ABATEMENT & CONTROL METHODS TO BE USED (Example: speakers will be faced a certain way): Bands will be limited in the amount of amplification allowed with speakers facing toward the intended audience area. DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses amplification and cannot be heard sufficiently without it) Musical entertainment routinely requires amplification. The noise ordinance essentially bans amplification and amplification is necessary for the majority of musical entertainment. SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS: OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION: I am aware of concerns of some neighbors and will make efforts to minimize the amount of noise heard beyond my boundary that are in my control. Musical entertainment is a normal and usual sound expected from a hospitality business but I continue to try and be a good neighbor. Notification of the Public Hearing The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held to allow for comments. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. (Town Code, Chapter 184, Section 12, D). The Town, in its sole discretion, can revoke this permit at any time. The undersigned applicant affirms that the foregoing information is true, complete and correct: Signature of Applicant: Date of public hearing: Sheriff Notified: Permit issued on: Special conditions: From: Bill Goodman To: Larry Cc: Paulette Rosa Subject: RE: Noise Ordinance Revisions Date: Friday,January 19,2018 2:55:42 PM Hi Larry, got your email and I'm copying the Town Clerk on this too. We'll share it with the rest of the Town Board so they can see your concerns before we discuss potential law changes at our Study Session on January 29. The Personnel & Organization Cmte will be making recommendations for the Board to consider at our regular February 12 meeting, at which time we may set up a public hearing on any law changes, to be held at our regular March 12 meeting. BIII BIII Goodman Ithaca Town Supervisor 215 North Toga Street Ithaca, NY 14850 607-273-1721 From: Larry [mailto:larryl4850@gmail.com] Sent: Friday, January 19, 2018 10:21 AM To: Bill Goodman Cc: sevenmile@yahoogroups.com Subject: Noise Ordinance Revisions Good morning Bill, I've been informed that the Town Board will soon be considering changes to the noise ordinance and that these changes may impact our neighborhood as they apply to the Ithaca Beer Co. and its ongoing outdoor entertainment activity. The intent of our noise ordinance is to protect the peace and tranquility of residents who may be affected by controllable noisy conditions. Changes to the ordinance that water down the stated intent will work to the disadvantage of those that the ordinance is intended to protect and must be resisted. Ithaca Beer Co. has proven itself to be uninterested in abiding by the current ordinance as evidenced by its failure to obtain permits for its outdoor performances last summer(except for the Octoberfest event) even though the summer before it did apply for and receive permits for similar activities. Ithaca Beer Co. resists any effort to mitigate the volume of music and, last summer, the performances were sited even closer to the Saponi Meadows subdivision than the previous summer and became progressively louder as the summer wore on.. Until there is some meaningful effort by Ithaca Beer Co. to recognize and mitigate the impacts of its activities on its neighbors, I urge the Town Board to refrain from initiating any changes to the noise ordinance that work against the rights and interests of affected parties or that subvert its original intent. Please acknowledge receipt of this email and share it with other members of the board. Respectfully, Larry Sallinger From: Bill Goodman To: Paulette Rosa Subject: FW: Can you read this and then i will send Date: Wednesday,January 24,2018 1:47:05 PM Bill Goodman Ithaca Town Supervisor 215 North Tioga Street Ithaca,NY 14850 607-273-1721 -----Original Message----- From:Marie V fmailto:mariecv24na vahoo_com] Sent:Monday,January 22,2018 11:36 AM To:Bill Goodman Subject:Fwd:Can you read this and then i will send >Good Morning, >Wanted to connect because we are concerned that the Town Board will soon be considering changes to the noise ordinance and that these changes may have a direct impact on our neighborhood. >In the the past few years Ithaca Beer has grown into a larger physical presence in the community and that has affected the tranquility that we moved here for.Although we are thankful for a successful business that brings folks to our special Ithaca area it is important to note the realistic impact on us as residents. >We live off of r Road and Seven Mile Dr.,not too close to Ithaca Beer Company.My husband is a musician,so we do enjoy music.However,it is now apparent that throughout the nicer weather we frequently hear the LOUD music that is being played/perfonned at Ithaca Beer for hours on end. >It became very apparent that Ithaca Beer entertainment was negatively IMPACTING the peace and quiet that drew us to this neighborhood last year. >As a taxpayer and a family that lives in this area we are VERY concerned that any changes to the nice variance given to Ithaca Beer Company will even further the NOICE issue we are dealing with It impacts all of us in this neighborhood and it is our hope OUR NEEDS can be met as well. >I agree with our neighbors that there should be an effort to mitigate the affect LOUD MUSIC has on our lives. Again,we are that maybe there needs to be a natural sound barrier or a relocation of the perfonnances so as not to create such an impact on our neighborhood. >Please acknowledge your receipt of this letter and please share it among those that will be making these decisions. >Thank you, >Marie Vimcci > Sent from my iPad From: Bill Goodman To: Paulette Rosa Subject: FW: Noise ordinance and Ithaca Beer's seeming lack of compliance Date: Wednesday,January 24,2018 1:45:54 PM BIII Goodman Ithaca Town Supervisor 215 North Togs Street Ithaca, NY 14850 607-273-1721 From: Kris Schneider [mailto:891schneider@gmail.com] Sent: Friday, January 19, 2018 4:55 PM To: Bill Goodman Cc: Seven Mile Group Subject: Noise ordinance and Ithaca Beer's seeming lack of compliance Bill, My husband and I live on Amber Lane just off Seven Mile Drive. When we purchased the home 12 years ago ,one of the things that I loved about it was the peace and quiet. We had moved from Long Island so this are was idyllic. We are concerned that the Town Board will soon be considering changes to the noise ordinance and that these changes may have a direct impact on our neighborhood . Over the past few years Ithaca Beer has established a much larger physical presence in the community and that has affected the tranquility that we moved here for. Our home is probably about the furthest away from Ithaca Beer in my development but yet over the summers we frequently hear the music that is being played/performed there. It became very apparent during their Octoberfest last year. I actually called the sheriffs office and was told they have a special variance so basically just to deal with it. Just because a variance gets issued I don't think that their performances should so impact our enjoyment of our day. My concern is that there are times when there is not a special event going on and the music still permeates our outdoor experience. There needs to be an effort on their part to mitigate their affect on our lives. Whether that be to create natural sound barriers or to redirect and or relocate the performances so as not to create such an impact on our neighborhood. Please acknowledge your receipt of this letter and please share it among those that will be making these decisions. Thank you, Kris and Jeff Schneider From: Bill Goodman To: Paulette Rosa Subject: FW: Noise Ordinance Revisions Date: Wednesday,January 24,2018 1:48:53 PM BIII Goodman Ithaca Town Supervisor 215 North Togs Street Ithaca, NY 14850 607-273-1721 From: Rob G. [mailto:suvarob@gmail.com] Sent: Monday, January 22, 2018 11:37 AM To: Bill Goodman Subject: Noise Ordinance Revisions Dear Mr. Goodman, It has come to our attention that the Town is considering modifications to the Town noise ordinances. In your consideration, we'd like to express some concerns we have with respect to the outdoor concerts Ithaca Beer(IB)promoted on Wednesday evenings last summer. We were under the impression that IB received a permit for one concert. However, this must have been inaccurate, for the concerts persisted for the entire summer season. We live at the end of Peachtree Lane, immediately adjacent to the IB property. Every Wednesday evening, we were "treated" to an unsolicited, unwanted and definitely unpleasant musical onslaught. We chose to spend the money to live in a single family home because, among other reasons, we don't care to hear an adjacent resident's stereo. Last summer. every Wednesday evening, we found that we were once again living in an apartment with an obnoxious neighbor blaring their musical choices. Our deck became unusable for the prime, evening hours. Retreating inside only resulted in listening to the relentless, bass thump, thump, thump of that neighbor's racket, resonating throughout the house. There was no escape. And, to be clear, these weren't the strains of the Mozart Concerto for Flute and Harp (K. 299/297c). This was just loud and obnoxious noise. It has always struck us as unreasonable for residents who have moved to a neighborhood adjacent to an airport to complain of aircraft noise. What did they expect?Moving into a noisy neighborhood is a choice the homeowner made. To later complain is not a sustainable position. In our case, however, we were here first, before the concerts became a regular occurrence. This disturbance in the quiet enjoyment of our property has been imposed upon us, after the fact. Our choices have simply been foreclosed. Should the concerts be allowed to continue at the current level, our options are to either"lump it'' or move. If the modifications of the noise ordinance are designed to loosen or ease the requirements, and if this would allow IB a less onerous option to impose its musical choices on us, we'd ask that the Town Board approach this decision in the full knowledge that there are those of us who don't appreciate having our peace and tranquility disturbed. Indeed, we'd ask that the Town strictly enforce any existing ordinances, so there is no repeat of last summer's incursions. Should there be a need for modification, however, a few alternatives might be to: a) limit the number of occurrences to just a few (perhaps no more than 3)per "outdoor season (May through October?)'; b) erect sound barriers that would prevent the noise from escaping the property, especially in the direction of residential neighborhoods or c) lowering the volume of the music to a level that is audible to on-site attendees or participants, but that does not allow the energy to permeate beyond property boundaries at anything more than, say, 30 dB. There's absolutely no reason for music to be so loud that it can be heard distinctly at a distance measured in, not feet, but miles. We appreciate your consideration of this matter We hope you will share our concerns with the Board and that we will hear from you in the near future. Thank you. Sincerely, Robert and Joan Geiszler 13 Peachtree Lane From: Bill Goodman To: Paulette Rosa Subject: FW: Noise Ordinance Revisions Date: Wednesday,January 24,2018 1:49:35 PM Bill Goodman Ithaca Town Supervisor 215 North Tioga Street Ithaca,NY 14850 607-273-1721 -----Original Message----- From:Dawn Fonnan[mailto:dmforrnanna fastmail_com] Sent:Monday,January 22,2018 8:30 PM To:Bill Goodman Subject:Noise Ordinance Revisions Dear Mr. Goodman, I own a home and live at 6 Apple Blossom Lane in the Inlet Valley section of the town of Ithaca. We have lived here for a year and a half and are very concerned about any changes that may take place to the Noise Ordinance Laws currently in the books for the Inlet Valley Area,which we live in. We live a stones throw from Ithaca Beer Company,and while we don't usually mind the music that we hear in our homes from Ithaca Beer Company,I would hate for it to be any louder or go on any longer or later than we currently have it. We can already hear the music with our windows closed many times throughout the summer. We chose this area of Ithaca,because it was quiet and out of the hustle and bustle of the City of Ithaca,and having a change in the Noise Ordinance Laws could have a negative effect on our property values as well as our quality of life in our homes. When Ithaca Beer Company is having outdoor music,it makes using our property extremely difficult because the music is very loud,even after the windows are closed. The music at Ithaca Beer Company is loud and appeared to be much louder this past surnmer(2017)than the surnmer of(2016). There were several times where the music was so loud and annoying that we had to close our windows and could still hear the music even with our windows closed. We do not live the closest to Ithaca Beer Company's property and still have issues with the noise levels. On more than one occasion last surnmer,my husband chose to go to the office,rather than work from home,because the noise from the music at Ithaca Beer Company was just too much to get his work done,even after closing the home windows. Forget entertaining outside when Ithaca Beer Company has music playing. It turns our peaceful community,into one where guests and homeowners are left wondering why this is pennitted to happen in a place like Ithaca. Any changes to the Noise Ordinances would have a very negative impact on our neighborhood and the homes in this community. Changes to increasing noise levels and allowing noise levels to go later or longer are not in our community's best interest and only serve Ithaca Beer Company's best interests. They ignore the great community and homeowners in the area. The current Noise Ordinance allows Ithaca Beer Company to have music outdoors,but also cuts the music off at a reasonable time. Allowing the music to be louder and go on longer would be a great disservice to the Inlet Valley Community. We are a mixed use area of industrial,and family homes. We can all live together,when ALL people are listened to and considered. Any changes would have a great negative impact on the family homes and would do a disservice to those living in the Inlet Valley and call it home. Please acknowledge this email and share it with other members of the board. Also please let me know when this issue will be taken up in meetings where the public can make comments. Thank you. DawnFonnan Dawn Fonnan chnfonnan@fastxnail.com From: Bill Goodman To: Paulette Rosa Subject: FW: Noise ordinance Date: Wednesday,January 24,2018 1:46:30 PM BIII Goodman Ithaca Town Supervisor 215 North Togs Street Ithaca, NY 14850 607-273-1721 From: Rima Grunes [mailto:rgrunes@gmail.com] Sent: Sunday, January 21, 2018 8:13 AM To: Bill Goodman Subject: Noise ordinance Dear Mr. Goodman: When the Town Board discusses possible changes to the Town of Ithaca noise ordinance, I urge you to consider the ongoing problem with the Ithaca Beer Company and the Saponi Meadows subdivision. The music from their outdoor performances in the summer times is so loud that it sometimes reaches all the way to the last houses on Seven Mile Drive (I live on one end), and it really blasts out the neighbors who live closer, for instance, along Peach Tree Lane, where many of us like to go for a"quiet'walk in the evenings. The summer of 2017 brought us an even louder noise volume than the summer of 2016, and it was truly disturbing to the neighborhood. Sincerely, Rima Grunes 165 Seven Mile Drive Ithaca Chapter 184. Noise [HISTORY: Adopted by the Town Board of the Town of Ithaca 8-7-1989; amended in its entirety 5-8-2006 by L.L. No.8-2006. Subsequent amendments noted where applicable.] GENERAL REFERENCES Animals-See Ch. 105. Fees-See Ch. 153. Parks and recreation areas-See Ch. 200. Article I.General Provisions § 184-t.Title. This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance" whether adopted as an ordinance or local law. Hereinafter,this law is sometimes referred to as "this chapter.* § 184-2.Applicability. This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights. § 184-3. Purpose. The purpose of this chapter is to preserve the public health, peace,comfort, repose,welfare, safety and good order by suppressing the making, creation,or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, and use or which are detrimental to the environment. § 184-4. Definitions. Unless the context otherwise clearly indicates,the words and phrases used in this chapter are defined as follows: ADULT PERSON A person who is at least 16years old. DAYTIME HOURS The hours beginning at 7:00 a.m. local time on any day and ending at 9:00 p.m. local time. EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity,or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity,with an abrupt onset and rapid decay. MOTOR VEHICLES Includes, but is not limited to, automobiles,trucks, buses, mopeds, minibikes,and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, asi be amended from time to time. NIGHTTIME HOURS The hours beginning at 9:01p.m. local time on any day and ending at 6:59 a.m. local time on the following day. 2 of PERSON Includes the singular and plural and also any individual, any property owner and/or lessee,any firm, corporation, political subdivision, government agency,association or organization, including but not limited to officers, directors,employees, agents and/or independent contractors thereof,or any legal entity whatsoever. RESIDENTIAL ZONE A Conservation, Agricultural, Lakefront Residential, Low-Density Residential, Medium-Density Residential, High-Density Residential, Mobile Home Park, Multiple Residence, Neighborhood Commercial,or Community Commercial Zone,as defined in the Town of Ithaca Zoning Ordinance.[11" Residential Zone" also includes any special land use district or planned development zone defined by such ordinance where in one of the principal land users is residential. Should such ordinance be amended or replaced and by so doing adds additional zones or differently denominated zones, "'residence zones" shall mean those zones determined under such ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural. SOUND-AMPLIFYING EQUIPMENT Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter,sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes,or authorized fire horns or other authorized emergency alarms. TOWN All of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights. UNREASONABLE NOISE Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business. [1] Editor's Note: See Ch. 270,Zoning. § 184-5. Unreasonable noise prohibited. No person shall intentionally cause public inconvenience, annoyance,or alarm, or recklessly create a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made. For the purpose of implementing and enforcing the standard set forth in this section,factors to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, any or all of the following: 1. The intensity of the noise. 2. The duration of the noise. 3 of Town of Ithaca,NY 3. The intensity of the background noise, if any. 4. The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound. 5. The time of the day or night the noise occurs. 6. The proximity of the noise to sleeping facilities. 7. Whether the noise is continuous or impulsive. 8. The existence of complaints concerning the noise from one or more persons who are affected by the noise. 9. Whether the nature of the noise is usual or unusual. 10. Whether the noise is due to a natural or a human-made activity. Article II. Unlawful Noise Sources § 184-6. Purpose of Article II. The provisions of Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. § 184-7. Radios,television sets and other sound-producing or -amplifying devices. A It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone,to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud,annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any building or, outside of a building,at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. "Person* defined. For the purposes of this section: For an offense that occurs on any public property where permission was obtained to use that public property, a "person* shall include the person or persons who obtained permission to utilize that property for that event. For an offense that occurs on private property,a "person* shall include any adult person or persons who live in or on the property that is involved in the offense. For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. 6 of Town of Ithaca,NY § 184-8. Construction and other machinery. A During the nighttime hours as defined in Article I, § 184-4 herein, it shall be unlawful for any person within a Residential Zone,or within 500 feet of a Residential Zone, to operate or cause to be operated any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric d rill,front- loaded garbage collection vehicles performing commercial pickups,or other commercial industrial equipment,except to perform emergency work. If any domestic power or hand tool, including, but not limited to, mechanically powered saws, sanders, grinders, and lawn and garden tools,or air conditioner, is operated during nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or,outside of a building,at 25 feet or more from the source of the sound. Side-and rear-loaded garbage collection vehicles, and garbage collection vehicles that do not have compactors, may be operated for residential pickup beginning at 6:00 a.m. local time as long as they do not create noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or,outside of a building, at 25 feet or more from the source of the sound. The provisions of this section shall not apply to lawful farm operations on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. § 184-9. Parties and other social or fund-raising events or gatherings. A It shall be unlawful for any person in charge of a party or other social or fund-raising event or gathering that occurs on any private or public property to allow that event to produce noise in a loud, annoying, or offensive manner, or recklessly create the risk thereof,such that noise from the event interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound. It shall also be unlawful for any participant in that event to contribute to such noise. For the purposes of this section, a *person in charge of a party or other social or fund-raising event or gathering": That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. 7 of Town of Ithaca,NY § 184-10. Animals. Any person who owns, harbors, or is the custodian of a dog in the Town of Ithaca is subject to the noise and other requirements in Chapter 112 of the Town of Ithaca Code,titled *Animals and upon violation thereof shall be subject to the penalties set forth in that chapter. Article III. Permits § 184-11. Authorization for permit. Where the enforcement of this chapter would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose,that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. § 184-12. Permit procedure; fee. An application for such a permit shall be filed with the Town Clerk no less than 21 days before the anticipated need and shall provide the following information: [Amended 11-18-2013 by LL. No.9-201);4-10-2017 by LL. No.8-2017] (1) The name of the applicant. (2)The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. (3) The reasons for such usage. (4) Plans and specifications of the use. (5) Noise abatement and control methods to be used. (6) Time schedule. Demonstration why the applicant cannot conform to this chapter. Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. The Town Board may in its sole discretion waive the application filing requirement of 21days upon good cause shown or for other unique, special or extenuating circumstances. At the time of the filing of the permit application or applications,the applicant shall pay the Town a nonrefundable fee as set from time to time by Town Board resolution. Applications may be submitted simultaneously by a single entity, representative or agent thereof for events occurring at a single address within a consecutive six-month period. Events of a similar scope and size may be listed on one application.All applications shall be reviewed, and determinations shall be rendered on each application.The Town Board may make different decisions and impose different 8 of Town of Ithaca,NY conditions on individual events contained within an application for multiple events. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper.The issuance of permits shall be discretionary.The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. Any permit issued shall state that the permit only applies to this chapter,and that § 240.20,Subdivision 2,of the Penal Law of the State of New York, Disorderly Conduct, provides that "A person is guilty of disorderly conduct when,with intent to cause public inconvenience,annoyance or alarm,or recklessly creating a risk thereof: ... he makes unreasonable noise." If a permit is issued, a copy of the permit stipulating any and all conditions imposed by the Town Board shall be furnished to the Tompkins County Sheriffs Department by the Town Clerk, simultaneously upon the issuance of the permit to the applicant. F. The Town Board may, in its sole discretion, waive the holding of a public hearing upon good cause shown or for other unique, special or extenuating circumstances. [Added 11-18-2013 by LL. No. 9-2013] Article IV. Violation and Penalty § 184-13. Enforcement of violations. Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident of the Town to a Town Code Enforcement Officer or county or other law enforcement officer. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with any violation of this chapter. § 184-14. Penalties for violations. A A violation of this chapter is hereby declared to be an offense, with conviction of a first offense punishable by a fine of up to $500 or imprisonment not to exceed 15 days,or both. For conviction of a second or subsequent offense which was committed within a period of five years from the commission of the prior offense, a violator shall be subject to a fine of up to $1,000 or imprisonment not to exceed 15 days,or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. B. In addition, persons who violate this chapter shall be liable for a civil penalty of$500 for a first violation and $1,000 for a second or subsequent violation which was committed within a period of five years from the commission of the prior violation. With respect to continuous emissions of sound,each day of such emission shall constitute a separate violation.The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties,together with costs, disbu rsements and recoverable attorneys' fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. § 184-15. Liability of owner. The owner of any real property (except public highways, and other pu blicly owned facilities) from which sounds prohibited by this chapter emanate shall be guilty of a violation of this chapter,whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. 9 of ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 8,2018 Draft Minutes 1. Call to Order and Pledge of Allegiance—Mr. Goodman opened the meeting at 5:32 p.m. 2. Swearing in of re-elected Town Board Members—Ms. Rosa administered the oath of office to Ms. Tee-Ann Hunter, Ms.Patricia Leary and Mr. Rich DePaolo. 3. Persons to be Heard —No one 4. Discuss and consider Town Official Appointments; Deputy Town Supervisor, Town Clerk, Town Highway Superintendent, Deputy Highway Superintendent, Town Engineer, Town Receiver of Taxes and Deputy Receiver of Taxes TB Resolution 2018- 001: Acknowledue appointment of Pamela Bleiwas as Deputy Town Supervisor Resolved that the Town Board acknowledges the appointment of Pamela Bleiwas as Deputy Town Supervisor made by William Goodman as Town Supervisor for a term continuing until the Organizational meeting in January next succeeding the next biennial Town election to wit, January 2020. Moved: Rod Howe Seconded: Pat Leary Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 002: Reappointment of Paulette Rosa as Town Clerk of the Town of Ithaca Be it resolved the Town Board re-appoints Paulette Rosa as Town Clerk of the Town of Ithaca for a term continuing until the Is'day of January next succeeding the next biennial Town election to wit, January 1, 2020. Moved: Pamela Bleiwas Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 003: Reappointment of James Weber as HiEhway Superintendent for the Town of Ithaca Resolved that the Town Board hereby re-appoints James Weber as Highway Superintendent, for a term continuing until the Is`day of January next succeeding the next biennial Town election to wit, January 1, 2020, and be it further Resolved that the Highway Superintendent also serves at the Director of Public Works. TB 2018-01-08 pg. 1 Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 004: Designate Daniel Thaete, Senior Civil Engineer, as the Town Engineer for the Town of Ithaca Resolved,that the Town Board hereby designates Daniel Thaete, P.B., Senior Civil Engineer as the Town Engineer for purposes of Town Law §20 for a term continuing until the Is` day of January next succeeding the next biennial Town election to wit, January 1, 2020. Moved: Tee-Ann Hunter Seconded: Eric Levine Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 005: Reappointment of Deborah Kelley as Receiver of Taxes for the Town of Ithaca Resolved the Town Board re-appoints Deborah Kelley as Receiver of Taxes for the Town of Ithaca for a term continuing until the Is`day of January next succeeding the next biennial Town election to wit, January 1, 2020. Moved: Pamela Bleiwas Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 006: Reappointment of Paulette Rosa as Deputv Receiver of Taxes for the Town of Ithaca Resolved the Town Board hereby re-appoints Paulette Rosa as Deputy Receiver of Taxes for the Town of Ithaca for a term continuing until the Is'day of January next succeeding the next biennial Town election to wit, January 1, 2020. Moved: Eric Levine Seconded: Pat Leary Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 007: Reappointment of David George as Town Historian Resolved, that the Town Board of the Town of Ithaca does hereby reappoint David George as Town Historian. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 008: Reappoint William D. Goodman and Paulette Rosa as Marriage Officers for the Town of Ithaca Whereas New York State Domestic Relations Law Article 3, Section 11-C authorizes the governing body of a town to appoint one or more Marriage Officers to solemnize marriages within TB 2018-01-08 pg. 2 the territory of the town, provided they are at least 18 years old and reside in the town and Whereas William D. Goodman and Paulette Rosa, who meet all the qualifications required by the Domestic Relations Law, have requested that the Town Board appoint them as Marriage Officers, therefore, be it Resolved that the Town Board of the Town of Ithaca hereby appoints William D. Goodman and Paulette Rosa as Marriage Officers for the Town of Ithaca, for which there will be no salary or wage, from the date hereof until January 1, 2020. Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 5. Discuss and consider Membership and/or Chair Appointment(s) to the: TB Resolution 2018-009: Re-Appointment of Zoning Board of Appeals Members and Chair Whereas the Zoning Board of Appeals members have recommended that Rob Rosen be reappointed as Chair for the year ending December 31,2018, and Whereas the William Highland and Caren Rubin have indicated they would like to be reappointed as Alternate Members and Rob Rosen has indicated he would like to be reappointed as a Regular Member,now therefore be it Resolved that the Town Board of the Town of Ithaca hereby reappoints Rob Rosen as Chair for the year 2018 and as a Regular Member for a five year term and reappoints William Highland and Caren Rubin as Alternate members for the year 2018. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018-010: Re-Appointment of Planninu Board Members and Chair Whereas the Planning Board members have recommended that Fred Wilcox be reappointed as Chair for the year ending December 31, 2018, and Whereas the Linda Robinson-Collins and Melissa Hill have indicated they would like to be reappointed as Regular and Alternate Members respectively, and Fred Wilcox has indicated he would like to be reappointed as a Chair, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby reappoints Fred Wilcox as Chair for the year 2018 and Linda Robinson-Collins as a Regular Member for a seven year term ending December 31, 2024 and reappoints Melissa Hill as Alternate members for the year 2018. Moved: Rich DePaolo Seconded: Rod Howe TB 2018-01-08 pg. 3 Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB Resolution 2018 - 011: Re-Appointments of Conservation Board Members and Chair Resolved, that the Town Board hereby reappoints the following individuals to the Conservation Board for a 2-year term of January 1, 2018 to December 31, 2019: Lindsay Dombroskie Vladimir Micic Michael Roberts Carrie Simon William VanDyke And be it further Resolved, that the Town Board hereby reappoints Jonathan Meigs as an Associate Member of the Conservation Board for the term of January 1,2018 to December 31,2018, and be it further Resolved, that the Town Board hereby appoints Michael Roberts as Conservation Board Chair for 2018. Moved: Tee-Ann Hunter Seconded: Pat Leary Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 6. Discuss and consider approval of Town Board Meeting Schedule for 2018 TB Resolution 2018 -012: Set Dates for 2018 Meetinus of the Town Board Whereas the Town Board of the Town of Ithaca meets on the first Monday following the first Tuesday of each month at 5:30 p.m. and Whereas the Town Board also sets aside the fourth Monday of each month for an additional meeting. These second meetings are commonly called study sessions which begin at 4:30 and are held in a smaller meeting room. These study sessions focus on reports from committees and presentations to the board with action items added only when necessary and Whereas the Town Board also sets aside the first Thursday in October for a meeting whose sole focus is the review and discussion of the Tentative Town of Ithaca Budget, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby approves the following schedule: January 8th and 29th Second meeting moved due to holiday and conflict February 12th and 26th March 12th and 26th April 9t' and 23rd TB 2018-01-08 pg. 4 May 7th and 21s` June 11th and 25th July 9thand 23rd August 13th and 27th September 10th and 24th October 4`h Thursday—Budget Meeting October 15th and 29th November 19`h No second meeting due to holiday December 10`h December 28th Year end meeting if needed Special time 11:30 a.m. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 7. Acknowledge Supervisor's Town Board Committee Appointments and consider Town Board Appointments for Citizen Advisory Committees and Intermunicipal Organizations TB Resolution 2017-013: Acknowledge Supervisor's Town Board Committee Appointments and Confirm Citizen and Intermunicipal Committee Membership Appointments and Recommendations to the City as Noted Resolved, that the Town Board of the Town of Ithaca ratifies the following Town Supervisor's Town Board Committee appointments for a term beginning January 1, 2018 through December 31, 2018 and be it further Resolved, that the Town Board of the Town of Ithaca makes the following Citizen Committee, Staff Committee and Intermunicipal Organization appointments for a term beginning January 1, 2018 through December 31, 2018 unless otherwise noted. TOWN BOARD COMMITTEES Budget Eric Levine, Chair Pat Leary Pam Bleiwas Personnel and Organization Pam Bleiwas, Chair Pat Leary Rod Howe Planning Rich DePaolo, Chair Rod Howe TB 2018-01-08 pg. 5 Pat Leary Public Works Rod Howe, Chair Rich DePaolo Tee-Ann Hunter TOWN BOARD AD HOC COMMITTEES Economic Development Rod Howe, Chair Rich DePaolo Pam Bleiwas STAFF COMMITTEES Employee Relations Pam Bleiwas—Chair Pat Leary Bill Goodman *Staff representatives are appointed by fellow staff Records Management Tee-Ann Hunter Paulette Rosa—Chair Eric Levine Lisa Carrier-Titti Bill Goodman CITIZEN COMMITTEES Agriculture Bill Goodman (Liaison) A.J. Teeter Farm (Debbie Teeter)—Chair Steep Hollow Farm (Christianise M. White) Tree Gate Farm (Sharon Tregaskis) Sweyolakan Farm (Jamie Baker) Laughing Goat Fiber Farm (Lisa Ferguson) Forest Family Farm (Claire Forest) Ithaca Equestrian Center (Russ Wedemeyer) Casper's Farm (Michael Casper) Associate Members: Lance Ebel Codes and Ordinances Bill Goodman—Chair Yvonne Fogarty—Planning Board Pat Leary Eva Hoffmann—Conservation Board Eric Levine Bill King—Zoning Board of Appeals TB 2018-01-08 pg. 6 INTERMUNICIPAL Cayuga Lake Watershed Intermunicipal Organization Tee-Ann Hunter Rich DePaolo (Alternate) Cayuga Medical Center Bill Goodman Ithaca-Tompkins County Transportation Council(ITCTC) Policy Bill Goodman Pam Bleiwas (Alternate) Ithaca College Community Work Group Rich DePaolo Joint Youth Commission Rich DePaolo Eric Levine (Alternate) Christianne White (two year term,2017 and 2018) Lorraine Moran (two year term, 2017 and 2018) Sandra Grooms (two year term, 2017 and 2018) Evelyn Karnes (two year term, 2017 and 2018) Cable Access Oversight Committee(Recommendation to the City Council) Rich DePaolo Recreation Partnership Eric Levine Pam Bleiwas Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Bill Goodman Pam Bleiwas Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Bill Goodman Tee-Ann Hunter Rich DePaolo Tompkins County Council of Governments Bill Goodman Pam Bleiwas (alternate) Tompkins County Municipal Health Consortium Judy Drake TB 2018-01-08 pg-7 Bill Goodman (alternate) Subcommittee -- Joint Committee on Plan Design Judy Drake Bill Goodman (alternate) Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 8. Discuss and consider 2018 Association of Towns' Resolutions and consider designation of 2018 Official Delegate and Alternate Delegate for the New York State Association of Towns 2018 Annual Meeting TB Resolution 2018-014: Naminu of Official DeleEate and Alternate for the Year 2018 to the New York State Association of Towns Annual Meetinu and Support/Non Support for Reported Resolutions Whereas, the NYS Association of Towns Annual Meeting is held in New York City and Whereas, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting and Whereas, it is necessary for the Town Board to appoint an Official Delegate and Alternate who will have voting rights on behalf of the Town of Ithaca at the said meeting and Whereas, the Town Board has reviewed the Reported Resolutions from the Association of Towns of the State of New York dated received January 2, 2018, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby appoints Tee-Ann Hunter as the Official Delegate and Pamela Bleiwas as the Alternate Official Delegate on behalf of the Town of Ithaca at the 2018 NYS Association of Towns Annual Meeting; and be it further Resolved, that the Town Board of the Town of Ithaca does hereby support Reported Resolutions submitted by the Association of Towns. Moved: Rod Howe Seconded: Pat Leary Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 9. Discuss and consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town TB Resolution 2018-015: Approval and Authorization for the Town Supervisor to Execute Annual Contracts TB 2018-01-08 pg-8 Resolved, that the Ithaca Town Board hereby approves and authorizes the Town Supervisor to execute annual contracts, which amounts were included as part of the 2018 Town Budget, with the following service provider(s): a. Legal Services—Susan H. Brock, Guy Krogh and Lorraine Moynihan Schmitt b. Tompkins County Public Library ($10,000) c. Recreation Partnership ($70,505) d. Gadabout($12,000) e. Lifelong ($9,000) f Human Services Coalition ($5,000) g. Community Science Institute (CSI) Water Quality Monitoring ($20,690) h. Ithaca Babe Ruth League MOU Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 10. Discuss and approval of the Highway Expenditures Agreement TB Resolution 2018-016: Approve the 2018 Agreement for the Expenditure of Hiuhwav Monies Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2018: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: 1. GENERAL REPAIRS. The sum of$185,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The sum of$185,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The sum of$150,000 shall be set aside to be expended for the permanent improvement of LaGrand Court to re-establish shoulders and install an asphalt overlay on 0.16 miles of road The sum of$250,000 shall be set aside to be expended for the permanent improvement of Chase Lane to re-establish shoulders and install an asphalt overly on 0.38 miles of road TB 2018-01-08 pg. 9 The sum of$650,000 shall be set aside to be expended for the permanent improvement of Perry Lane to re-establish shoulders, gutters, drainage facilities, replacement of gravels and asphalt on 0.20 miles of road Executed in triplicate this 8th day of January, 2018 (signatures on file on separate Agreement) Moved: Rod Howe Seconded: Rich DePaolo Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 11. Discuss and consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval TB Resolution 2018-017: Authorizing Certain Expenditures by the Superintendent of Highways without Prior Town Board Approval Whereas, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes the Town Board to adopt a resolution permitting the Town Superintendent of Highways to purchase equipment, tools and implements without prior approval of the Town Board in an amount or amounts to be fixed by it from time to time; and Whereas, the Town Board adopted a 2018 Ithaca Town Budget which included monies for the purchase of vehicles, tools and equipment; and Whereas, it is determined by this Board to be reasonable and proper and in the best interests of the efficient functioning of the Public Works Department that the Town Superintendent of Highways be granted permission to purchase such items without its prior approval in amounts not to exceed the approved respective budgeted amounts; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby authorize the Town Superintendent of Highways to spend amounts, not to exceed what is identified within the adopted 2018 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2018 of vehicles, tools and equipment to be used for highway maintenance, construction, reconstruction, and/or snow removal; except when the lowest responsive and responsible bidder is not selected and be it further Resolved, that the authorization hereinabove granted shall be construed as meaning that the total amount spent on each item purchased by the Town Highway Superintendent during fiscal year 2018 shall not exceed the respective budgeted amount for that item in the adopted 2018 Town of Ithaca budget. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter TB 2018-01-08 pg. 10 12. Discuss and consider annual approval of the Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual Mr. Goodman noted that the Personnel and Organization Committee is working on an extensive review of the Emergency Management Response Plan focused on information technology recovery, but for now, it is what it is. TB Resolution 2018-018: Annual Approval of Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual Whereas the Town Board reviews certain policies and procedures at its Organizational Meeting as required by the Town Code, and Whereas the Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual have been reviewed, now therefore be it Resolved, the Town Board of the Town of Ithaca does hereby accept, approve and affirm the above listed policies, procedures and forms as required for the year 2018. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine,DePaolo and Hunter 13. Discuss and consider approval and authorization to sign the UAW Contract for Bolton Point employees Mr. DePaolo had a few minor questions. Ms. Drake noted that this will be retroactive to January 1, 2018. TB Resolution 2018-019: Approval of Collective Bargaining Agreement with the United Auto Workers for Southern Cavuga Lake Intermunicipal Water Commission's Employees for 2018-2020 Whereas, the Southern Cayuga Lake Intermunicipal Water Commission, in good faith, entered into contract negotiations with the United Auto Workers union for a renewed collective bargaining agreement for the contract that expired on December 31, 2017; and Whereas, on December 18, 2017, the Commission's negotiating team reached tentative agreement with the union's negotiating team; and Whereas, on December 20, 2017, the employees in the union bargaining unit ratified the tentative contract; and TB 2018-01-08 pg. 11 Whereas, the Commission reviewed and approved the tentative contract at the January 4, 2018, Commission meeting; and Whereas, the Town of Ithaca Town Board has reviewed the tentative agreement and determined it to be acceptable as required by the contract and the Public Employees Relation Board; now, therefore, be it Resolved, the Town of Ithaca Town Board does hereby approve the tentative collective bargaining agreement between the Commission and UAW unit; and, be it further Resolved, the Town of Ithaca Town Board authorizes the Commission's negotiating team to sign said contract as presented. Moved: Bill Goodman Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 14. Discuss and consider approval of wage scale and wages for UAW personnel at Bolton Point TB Resolution 2018-020: Ratifv Wages for Bolton Point Employees Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages retroactive for January 1,2018 due to the approved collective bargaining agreement; and Whereas, said wages have been approved by the Commission at their January 4, 2018 meeting; now, therefore, be it Resolved, the governing Town Board of the Town of Ithaca does hereby ratify approval of the said wages for the Commission's employees retroactive for January 1, 2018, and directs them to be filed in the Human Resources Office. Moved: Bill Goodman Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Leary, Goodman, Bleiwas, Levine, DePaolo and Hunter 15. Discuss and consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for its parks TB Resolution 2018 -021: Setting a public hearing regarding a proposed local law entitled "Authorizing a Monetary Gift to the Citv of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on February 12, 2018 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" TB 2018-01-08 pg. 12 Moved: Tee-Ann Hunter Seconded: Eric Levine Vote: Ayes —Hunter, Levine, Leary, DePaolo, Bleiwas, Goodman and Howe 16. Discuss and consider setting a public hearing regarding a proposed local law regarding changes to the Noise Ordinance to clarify permits for multiple events Lengthy discussion on the ability to measure or quantify sound as well as the perception of being able to reduce noise by limiting the number or musicians. Three musicians with big speakers can make significant amounts of noise, so the working premise of setting parameters around size of entertainment didn't really work. Decibel machines were discussed but some issues were identified with that also; the problem is to allow some flexibility in scheduling and allow what a reasonable person would expect to be small-scale entertainment. The philosophy of allowing a business in the town to be able to have dinner type music and smaller entertainment bookings seemed to be agreed upon; the issue is how to legislate that and remove some of the barriers for businesses while still being able to quantify it legally. The issue was sent back to the P&O Committee for further review. 17. Discuss the Interceptor Agreement with the City of Ithaca Mr. Goodman noted that this was discussed at the study session, but two members were not there and he wanted to get their input. He explained that the Agreement with the City outlines the process for any overages and for our involvement in the planning stages of interceptor projects. There is a history of the City not doing either and we have received a bill for a 50% increase to the approved cost of the Renzetti project. Although it isn't a high figure,roughly $15K, the approved amount was $15K and the bill is for $30K so double the price and they again did not notify the town or come in for approval. In addition to that, they are already into the planning process for the next and last project, State Street interceptor and we may want that diameter larger than what they are thinking to allow for our growth based on the Comp Plan. Mr. Goodman noted that Ms. Rosa sent out historical correspondence showing this is not the first time the City has done this and Mr. Engman had tried working with the City regarding another large overage they didn't follow procedure for and the town decided not to pay that overage and notified the city of that. The city continues to bill us for that project done over 10 years ago. Withholding payment hasn't seemed to make an impact on the city to follow the agreement. Discussion followed with the Board weighing the continuing relationship with the City and how to balance our needs with their actions. The overage may have been justified but the process was not followed. The Board was comfortable with paying the amount originally agreed upon with Mr. Goodman doing a cover letter asking them to meet with him or the board about the outstanding amount they want to bill and how to avoid this in the future and more importantly, about being TB 2018-01-08 pg. 13 involved in the planning of the State Street project before it goes further. 18. Discuss the acquisition of real property The property on Culver Road has been bought by the Finger Lakes Land Trust and the Town had indicated it would be willing to purchase most of it for our conservation efforts. The property will add to the town's land on West Hill with a long term plan of joining other municipal trails from Treman to the hospital area. Some discussion followed and the Board agreed that the next step is to have a purchase offer drawn up for board approval. Ms. Ritter noted this is a critical environmental area and the property in question abuts the gorge property that Cornell owns which is not developable; a portion of the Babcock property down the hill will be sold as a single buildable lot for only one house. 19. Consider Consent Agenda TB Resolution 2018 - 022: Adopt Consent Auenda 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 December 28th 2017 b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Reserve Account h. Ratify Appointment of Laborers Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Hunter, Levine, Leary, DePaolo, Bleiwas, Goodman and Howe TB Resolution 2018 - 022a: Approval of Minutes of December 28,2017 Whereas, the draft Minutes of the December 28, 2017 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 December 28, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2018 - 022 b: 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 TB 2018-01-08 pg. 14 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. 1 -37 General Fund Townwide 35,336.07 General Fund Part-Town 8,609.72 Highway Fund Part-Town 13,111.87 Water Fund 8,158.21 Sewer Fund 3,482.56 TOTAL 68,698.43 TB Resolution 2018-022c: Bolton Point Abstract 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: 540-581, 1-7 Check Numbers: 17471-17513 #013 #001 Capital Impr/Repl Project $ 1,308.14 0 Operating Fund $ 93,816.39 $49,576.64 TOTAL $ 95,124.53 $49,576.64 Less Prepaid 41 S Q TOTAL $ 95,124.53 $49,576.64 TB Resolution 2018 - 022d: Designation of Official Depository of Town Funds Resolved, that the Town Board hereby designates Tompkins Trust Company as the official depository for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2018; and, be it further TB Resolution 2018—022e: Designation of Official Newspaper Resolved, that the Town Board hereby designates the Ithaca Journal as its Official Newspaper for legal notices to the public. TB 2018-01-08 pg. 15 TB Resolution 2018 - 022f: Official Bonds for Town Officers and Employees Resolved, by the Town Board of the Town of Ithaca, that the Faithful Performance Bonds for the Town Officials and Employees for the year 2018 are approved as follows: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Finance Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, David Klein $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 TB Resolution 2018 -022g: Increase Open Space Plan account Whereas the Parks and Open Space Plan account was created by the Ithaca Town Board in 1997 for the future development of parks,preservation of open space, and acquisition of development rights, now therefore be it Resolved that the Town Board hereby authorizes the transfer of$100,000 from the General Townwide Fund to the Parks and Open Space Plan account TB Resolution 2018—022h: Ratification of Highway Superintendent's Appointment of Laborer (4) Whereas, there is four vacancies in the full time position of Laborer for the Public Works Department, due to promotions and the creation of one additional position; and Whereas, the Interview Committee interviewed sixteen candidates from an open recruitment; and Whereas, the Committee has determined that Ethan Burnette, Christian Brill, Samantha Fish and Anthony Inman possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and Whereas, Jim Weber, Highway Superintendent/Director of Public Works, appointed Ethan Burnette as Laborer, effective January 2, 2018 and appointed Christian Brill, Samantha Fish and Anthony Inman as Laborer, effective January 22, 2018; 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 Ethan Burnette as Laborer, effective January 2, 2018 and appointed Christian Brill, Samantha Fish and Anthony Inman as Laborer, effective January 22, 2018; and be it further TB 2018-01-08 pg. 16 Resolved, this is a 40 hours a week positions, at the hourly wage of$19.28, which is an estimated annual salary of$40,102 from Public Works account numbers, in Job Classification "P', 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. 20. Report of Town Officials, Committees and review of Correspondence Mr. Goodman noted that the Inlet Valley Consultants will be giving a presentation after the study session. The Short Term Rental Committee meeting is postponed and Ms. Hunter reported on the progress of the IO grant and contract. 21. Consider adjournment Meeting was adjourned upon motion and a second at 7:45 p.m. Submitted by Paulette Rosa, Town Clerk TB 2018-01-08 pg. 17 MFFTING OF THE ITHACA TOWN BOARD January 29, 2018 TB Resolution 2018 - : Adopt Consent Auenda 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 8, 2018 and November 13, 2017 b. Town of Ithaca Abstract c. Ratify Appointment of permanent Maintenance Supervisor—Hulbert Moved: Seconded: Vote: Ayes— TB Resolution 2018 — a: Approval of Minutes of November 13, 2017 and January 8, 2018 Whereas, the draft Minutes of the November 13, 2017 and January 8, 2018 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 November 13, 2017 and January 8, 2018 of the Town Board of the Town of Ithaca. TB Resolution 2018 - b: 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. 38 - 168 General Fund Townwide 104,664.45 General Fund Part-Town 18,234.05 Highway Fund Part-Town 109,545.85 Water Fund 125,515.01 Sewer Fund 355,698.10 Risk Retention Fund 652.24 Fire Protection Fund 255,000.00 ForestHome Lighting District 242.21 Glenside Lighting District 83.89 Renwick Heights Lighting District 106.20 Eastwood Commons Lighting District 209.67 Clover Lane Lighting District 25.04 Winner's Circle Lighting District 73.63 Burleigh Drive Lighting District 85.62 West Haven Road Lighting District 277.23 Coddington Road Lighting District 164.14 TOTAL 970,577.33 TB Resolution 2018— c: Ratification of Highway Superintendent's Permanent Appointment of Maintenance Supervisor Whereas, Jim Weber, Highway Superintendent/Director of Public Works, provisionally promoted Joseph Hulbert as Maintenance Supervisor, effective December 25, 2016; and Whereas, Joseph Hulbert is a reachable candidate from the civil service exam for said title; and Whereas, Jim Weber, Highway Superintendent/Director of Public Works, permanently appointed Joseph Hulbert as Maintenance Supervisor, effective January 14, 2018, 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 Joseph Hulbert as Maintenance Supervisor, effective January 14, 2018; and be it further Resolved, there is no further action needed by the Town Board if there is successful completion of the probationary period as determined by the Highway Superintendent/Director of Public Works. Meeting of the Ithaca Town Board Monday, November 13, 2017 at 5:30 p.m. �yaF� 215 North Tioga Street, Ithaca, NY 14850 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 called the meeting to order at 5:34p.m. 2) Board of Fire Commissioner's Quarterly Report(Attachment 1) Mr. Gilligan reviewed his submitted report noting that the City did get approval from the voters to consolidate boards and committees and the Board of Fire Commissioners will be sending recommendations to the new committee they are being folded into as well as to the town on how to move forward and continue certain aspects of their duties and information out to the public. Mr. Goodman asked whether the firefighters hired through the grant will replace retirees and Mr. Gilligan said the expectation is they would but this will be moved to the next year budget process. Mr. Goodman thanked Mr. Gilligan for all his volunteer work with the Board of Fire Commissioners. 3) Persons to be Heard and Board Comments Brian Eden addressed the Board regarding the Cargill Mine permit and the request for a full environmental review. (Attachment 2) George Patte addressed the Board also, speaking in favor of the resolution the board is considering to join the Article 78 proceedings. Louise Buck addressed the Board also in favor of the resolution saying that she works at Cornell in Natural Resources and she knows that the DEC is under staffed and under stress and only looking at emergencies or "tires" as they come up and through the grapevine, the DEC is happy that municipalities are taking these actions to allow them to focus on issues. Mr. DePaolo asked about discovery documents and Mr. Eden responded that they hope to get more information through the Article 78 proceedings. TB 2017-11-13 Pg. l Ms. Gilbert addressed the Board regarding short term rental regulations saying that she has been a host for AirBNB for a year or so and she is a 5 star host. She is on board with any kind of health and safety inspections for the rentals but she has issues with the restraints that are being proposed by the Village of Cayuga Heights and any restrictions the town may be considering. Ms. Gilbert stated that she enjoys this type of renting to the regular landlord type because it gives her the flexibility to use her unit for herself when she needs it. She thinks complaints should be investigated on each basis and not broad rules affecting good hosts. (Attachment 3) 4) Discuss and consider resolution regarding Cargill Salt Mine Mr. Goodman noted that the draft resolution is based on the resolution other municipalities have been considering and passing. He noted that in the first resolved he has added a provision that there is no cost to the town. Ms. Bleiwas asked if other municipalities are contributing to the cost of the effort and if not,how is it being paid for? Mr. Eden responded that it is being funded by private money. Ms. Brock asked if the DEC has issued the permit for the shaft and Mr. Eden responded that they have, on August 15,2017 and we are working on the petition within the time period allowed. Mr. DePaolo stated that he generally supports this resolution, but it is hyperbolic as written and as a board we should maybe not make statements about things that we have not reviewed. Given that, Mr. DePaolo proposed eliminating the 3'd, 5`s and 8s'whereas' and insert the words "potential impacts"in the new 4`s whereas because we do not know whether the impacts are significant, that is the purpose of the review. Discussion followed and some more wordsmithing happened to the draft resolution. TB Resolution 2017 - 129: Authorization to ioin an Article 78 Proceeding against the New York State Department of Environmental Conservation to require Environmental Review fo the Cargill Salt Mine Expansion Whereas, the Town of Ithaca obtains drinking water from Cayuga Lake via the Southern Cayuga Lake Intermunicipal Water Commission, and Whereas, the NYS Department of Environmental Conservation (DEC) has issued the Cargill Salt Mine a permit to construct Shaft#4 which will connect to Cargill's ongoing salt mining operations under Cayuga Lake, with such permit issuance being based on a potentially improper"segmented" environmental review which treats shaft construction and ongoing salt mining as independent, unrelated activities; and Whereas, both the shaft construction and the ongoing salt mining have potential significant adverse impacts that have not been properly reviewed under the NYS State Environmental Quality Review Act(SEQRA); and TB 2017-11-13 Pg.2 Whereas, many of these unreviewed potential significant adverse impacts involve local water resources, including the waters of Cayuga Lake; and Whereas, some of the unreviewed potential significant adverse impacts involve gradual sagging or other loss of mechanical integrity of rock layers above the mine; and Whereas, the 1994 collapse of the Retsof Salt Mine in Livingston County provides an example of various significant adverse impacts and some of the factors implicated in a major salt mine collapse; and Whereas, these and other potential significant adverse impacts on the environment should be subject to an environmental impact statement process under SBQRA; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca agrees to join in an Article 78 proceeding to require an environmental impact statement process under SBQRA, provided there is no cost to the Town to do so; and be it further Resolved, that a copy of this resolution be forwarded by the Ithaca Town Clerk to Governor Andrew Cuomo, NYS DEC Commissioner Basil Seggos, State Senator Thomas O'Mara and Assemblywoman Barbara Lifton. Moved: Tee-Ann Hunter Seconded: Rod Howe Vote: Ayes —Hunter, Howe, Leary, Levine, DePaolo, Bleiwas and Goodman 5) Continue discussion on draft legislation regarding changes to requirements for Accessory Dwelling Units and establishing a Rental Registry Program Mr. Goodman started the topic by noting that the Planning Committee met just prior to this meeting and reviewed the issues and outcome so far. Some of the changes that have been made regard the compliance timelines and the penalties and articulating a list of items or things that will be inspected during the process. The 30 day compliance period is gone and it will be a"reasonable"time line established by Codes. The broker's responsibility to report is removed. The imprisonment verbiage was removed from the fines and penalties section and we left off at whether there should be mandatory fines or judicial discretion regarding what constitutes a recurring violation within an offense. The discussion centered on whether we need to leave the possibility of plea bargaining and judicial discretion while one side is we need teeth in the law and the other is that we are dragging law-abiding citizens into court and imposing draconian fines and people getting caught in a legal dragnet that is intended for the worst offenders. TB 2017-11-13 Pg. 3 Mr. Goodman added that they discussed the language around the inspection and what the Code Officers will be looking for, basically removing the word "any"violation so they would be looking at a health and safety list rather than wide open. A specific issue to address is whether an operating permit has to be applied for when a unit is not being rented and what would happen if the operating permit was not ready in time for a rental. Mr. Goodman wanted to make sure all the issues are out on the table for discussion so they can be discussed tonight and at the study session so the board knows exactly what is left to work on. Mr. Goodman asked for thoughts on whether the board wants people to have to get operating permits for people currently not renting the units out. He thought we had been thinking that we did although he was comfortable with the scenario of an owner-occupied residence where a family member was using the unit not having to get an operating permit. He turned to the draft legislation which he interpreted as not requiring an operating permit. Discussion followed and the current draft is that an operating permit is not required for non- rented units. The two drafts seem to contradict themselves. Ms. Brock thought the law as presented now does require an operating permit for an ADU if it exists when it isn't an owner-occupied unit vacant or used by family. Mr. Bates stated that it would be impossible to track and enforce if the town had to determine whether the unit was being used by "family" or not. All units should have to register and have an operating permit. Mr. Bates—with the operating permit there is an inspection, if you have a unit, whether rented or not, you have to register. When you rent it, you have to have the operating permit. The registry is the first part with the operating permit following if you rent it. Ms. Ritter asked what would happen if you then find an ADU that there is no record of, would you inspect it then? Mr. Bates responded that you would, it would not be a violation of this legislation but of our existing code by building without a permit. That is a lot of the issue that he has heard; there are a lot of people out there that know they have illegal rental units and this is going to capture some of those. The question is whether to require an operating a permit for ADU's of an owner-occupied building when the ADU is not rented. Mr. DePaolo moved to enter closed session to seek the advice of counsel, seconded by Mr. Howe, unanimous. 7:00 p.m. Mr. DePaolo moved to reenter open session at 7:08 p.m., seconded by Mr. Howe, unanimous. Mr. Goodman asked the board if they wanted an operating permit for rental units if and when they are rented/occupied without regard to owner-occupancy. Discussion followed. Mr. DePaolo thought this approach was messier and harder to enforce. The board agreed that an operating permit is not needed if an ADU is not rented/occupied. TB 2017-11-13 Pg. 4 Mr. Goodman asked the board if they felt the legislation was ready to move forward in time for the December 30`s deadline and noted that the revised legislation will be available at the study session. Mr. DePaolo said he would like a meeting before the study session to go through it one more time. He thought the major issues have been cleared but there is some detail work that needs to be done to make sure it's ready for the board. Mr. Goodman asked if there were any other issues that needed to be discussed and Ms. Bleiwas thought the size limitation of 800' square feet should be discussed at the additional meeting. 6) Discuss and consider IAWWTP agreement for payment to DEC Mr. Goodman explained that the IAW WTP had a violation and met with the DEC and this resolution outlines that agreement and payment by the three co-owners of the facility. Mr. DePaolo had a change to the drafted resolution to note that the SJC discussed preventative measures. Approved. TB Resolution 2017-130: Approving the proposed Consent Order and Authorizing the Citv of Ithaca to execute the Consent Order Whereas, the Ithaca Area Wastewater Treatment Facility ("IAWTF") is owned and operated by the City of Ithaca, Town of Ithaca, and Town of Dryden ("Municipal Owners"), with oversight provided through the Special Joint Committee ("SJC") composed of representatives from the three Municipal Owners; and Whereas, as a result of the New York State Department of Environmental Conservation's (`DEC's") August 31, 2017 inspection of the IAWTF, the DEC identified certain aboveground storage tank violations and proposed a Consent Order, which includes a $9,800 payable penalty and a$2,500 suspended penalty; and Whereas, counsel for the IAWTF and the City of Ithaca have reviewed the Consent Order, and the SJC at its meeting on November 8, 2017 consulted with IAWTF staff regarding future preventative measures, and passed a resolution recommending that the Municipal Owners approve the execution of the same; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca approves the proposed Consent Order and authorizes the City of Ithaca to execute the Consent Order through its designated signatory on behalf of the Municipal Owners. Moved: Bill Goodman Seconded: Tee-Ann Hunter Vote: Ayes —Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe 7) Discuss and consider authorization to sign the Rec Partnership Agreement—Pulled TB 2017-11-13 Pg. 5 8) Acknowledge Town of Ithaca Independent Audit for Fiscal Year Ending December 31, 2016 TB Resolution 2017 - 131: Acknowledge Receipt of the Independent Financial Statements for the Fiscal Year ended December 31, 2016 Whereas Sciarabba Walker & Co., LLP has conducted an independent audit of the financial records of the Town of Ithaca for the Fiscal Year ended December 31, 2016 and submitted their report of findings, now therefore be it Resolved, that the Town Board hereby acknowledges receipt of the Financial Statements from Sciarabba Walker& Co., LLP. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes —Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe 9) Discuss and consider creation of positions on Civil Service Roster TB Resolution 2017— 132: Creation of Additional Positions under Civil Service. Whereas, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and Whereas, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; and Whereas, the Town has determined the need to create a Senior Heavy Equipment Mechanic position, Civil Engineer position and an Administrative Assistant I position; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: L The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: 1-(One)—Senior Heavy Equipment Mechanic 1-(One)—Civil Engineer 1-(One)—Administrative Assistant I And be it further Resolved, the Town Board does hereby approve the job descriptions for the said position as created and monitored by Tompkins County Civil Service. Moved: Rod Howe Seconded: Tee-Ann Hunter TB 2017-11-13 Pg. 6 Vote: Ayes —Howe, Hunter, Leary, DePaolo, Bleiwas, Levine and Goodman 10)Discuss and consider authorization for the Supervisor to sign an MOU with the Teamsters Union creating Senior Highway Mechanic title TB Resolution 2017— 133: Authorization to sign a MOU Agreement with Teamsters Local 317 Resolved, that the Town Board of the Town of Ithaca does hereby accept the recommendation of the Personnel Committee to authorize the Town Supervisor and Human Resources Manager to sign the Memorandum of Understanding agreement between the Town of Ithaca and Teamsters Local 317 regarding the addition of a Senior Heavy Equipment Mechanic position. Moved: Bill Goodman Seconded: Tee-Ann Hunter Vote: Ayes—Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe 11) Discuss and consider approval of 2017 Water and Sewer re-Levy of Delinquent 2016/2017 Water and Sewer Rents TB Resolution 2017-134: Authorization for 2017 Water & Sewer Re-levv Delinquent 2016/2017 Water& Sewer Rents TOWN OF ITHACA Reconciliation of Receivables ITEM# DESCRIPTION WATER SEWER TOTALS 1 Delinquent Re-levies $ 151,604.00 $ 82,099.95 $233,703.95 2 Carry Over Bills $ 00.00 $ 00.00 $ 00.00 3 Billing Credits $ (8,995.19) $ 1,727.78 $ (7,267.41) Account Receivable Balance: $ 142,608.81 $ 83,827.73 $226,436.54 Whereas, (Item No. 1 above) $233,703.95 of delinquent water and sewer charges inclusive of penalties and related surcharges for the billing period 12/1/16, 3/1/17, 6/1/17, and 9/1/17 remain unpaid and due to the Town as of October 16, 2017 to be re-levied onto the 2018 Town and County Tax Bills; and Whereas, (Item No. 2 above) $ 00.00 of delinquent water and sewer charges to be carried over to the December 2017 billing; and Whereas, Town Code Chapter 261 and Town Code Chapter 210 provides for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a re-levy; now therefore be it U3 2017-11-13 Pg.7 Resolved, that this governing Town Board approves the list of delinquent water and sewer charges of $ 151,604.00 and $ 82,099.95, respectively, for re-levy to the 2018 Town and County Tax Roll; and therefore be it further Resolved, that a certified copy of this resolution along with a listing of those re-levied water and sewer charges are to be delivered to Tompkins County Assessment Department by the Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2018 Town and County Tax Roll, the Finance Officer for accounting purposes, and to the Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes. Moved: Tee-Ann Hunter Seconded: Eric Levine Vote: Ayes —Levine, Hunter, Goodman, Leary, DePaolo, Bleiwas, and Howe 12) Consider Consent Agenda Items TB Resolution 2017-135: Adopt Consent Auenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of Floating Holiday e. Set records management day for December 8`s from 8am to 1pm f. Ratify appointment of Deputy Highway Superintendent Moved: Rod Howe Seconded: Eric Levine Vote: Ayes— Howe, Levine, Leary, DePaolo, Hunter, Bleiwas and Goodman TB Resolution 2017- 137a: Approval of Town Board Minutes of October 30,2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on October 30, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 137: 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. TB 2017-11-13 Pg. 8 VOUCHER NOS. 1426 - 1476 General Fund Townwide 19,663.59 General Fund Part-Town 983.96 Highway Fund Part-Town 25,237.59 Water Fund 114,158.22 Sewer Fund 2,274.64 Forest Home Lighting District 43.97 Glenside Lighting District 13.11 Renwick Heights Lighting District 22.68 Eastwood Commons Lighting District 30.75 Clover Lane Lighting District 4.11 Winner's Circle Lighting District 6.12 Burleigh Drive Lighting District 14.30 West Haven Road Lighting District 56.82 Coddin ton Road Lighting District 33.01 TOTAL 162,542.87 TB Resolution 2017- 137c: Bolton Point Abstract 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: 449-492 Check Numbers: 17379-17422 Capital Impr/Repl Project $306,134.13 Operating Fund $ 82,972.18 TOTAL $389,106.31 Less Prepaid S- 271,418.6 TOTAL $ 361,997.63 TB Resolution 2017- 137d: Approval of Floating Holidays for 2018. Whereas, there is an annual poll conducted of all town and SCLIWC employees to determine their preference for the next year's floating holiday for each location; now, therefore, be it U3 2017-11-13 Pg. 9 Resolved, the Town Board of the Town of Ithaca does hereby approve the Floating Holiday for 2018 for Town Hall staff as Wednesday, December 26, 2018 as requested by the majority of the employees of Town Hall; and be it further Resolved, the Town Board does hereby approve the Floating Holiday for 2018 for Public Works staff as Friday, May 25, 2018 as requested by the majority of the employees of Public Works; and be it further Resolved, the Town Board does hereby approve the Floating Holiday for 2018 for SCLIWC staff as Friday, August 31, 2018 as requested by the majority of the employees of SCLIWC. TB Resolution 2017- 137e: Set Records Management Half Day Whereas, the Records Management Officer & the Records Management Advisory Board have found it beneficial to hold an annual Records Management Day in order to cycle records into storage and prepare records for year-end disposition; now, therefore,be it Resolved, that the Town of Ithaca Town Board hereby approves closing Town Hall on Friday, December 8, 2017 from 8:00 a.m. to 1:00 p.m.for Records Management Day. TB Resolution 2017 - 137f: Ratification of Appointment of Deputy Highway Superintendent Whereas, there is a planned vacant Deputy Highway Superintendent due to a retirement by March 31, 2018; and Whereas, the Highway Superintendent with an selection committee has determined through interviews and evaluation that Richard TenKate, Working Supervisor, possess the necessary knowledge, skills and ability to perform the duties of Deputy Highway Superintendent; and Whereas, the Highway Superintendent promotionally appointed Richard TenKate to the Deputy Highway Superintendent position, effective December 24, 2017; and Whereas, Rich will remain in the title of Working Supervisor under Civil Service until Eugene Redman, Deputy Highway Superintendent officially retires; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's promotional appointment of Richard TenKate to the Deputy Highway Superintendent position, effective December 24, 2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$33.84, which is an estimated annual salary of$70,387, in Job Classification "VP', with full time benefits; and be it further TB 2017-11-13 Pg. 10 Resolved, if the said successfully complete the mandatory twenty six (26)week probationary period there will be no further action required by the Town Board. 13)Report of Town Officials Mr. Goodman reported that Mr. Mareana, the County Administrator is out on medical leave, effectively moving his retirement up to now. Mr. DePaolo reported that Tom Knipe is leaving the County Planning Department to become the Economic Development Director for the City of Ithaca. 14) Report of Town Committees/Intermunicipal Organizations— None 15) Review of Correspondence— None 16) Consider Adjournment Meeting was adjourned at 7:45p.m. upon motion and a second. Submitted by Paulette Rosa, Town Clerk TB 2017-11-13 Pg. 11