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HomeMy WebLinkAboutTB Minutes 2019-12-30Year End Meeting of the Ithaca Town Board Monday, December 30, 2019 11:30 a.m. Minutes Board Members Present: Bill Goodman, Supervisor; Members Pamela Bleiwas, Pat Leary, Tee -Ann Hunter, Eric Levine, Rod Howe and Rich DePaolo Staff Present: Marry Mosely, Director of Code Enforcement; Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Dan Thaete, Director of Engineering Agenda Item 1: Call to order Mr. Goodman opened the meeting at 11:30 a.m. and noted that this would be his last as Town Supervisor. He thanked the members and staff for their help over the past four years. Agenda Item 2: Public Hearing regarding contract with City of Ithaca Fire Department Mr. Goodman opened the public hearing at 11:31 a.m.; there was no one present wishing to speak and the hearing was closed. Mr. Goodman made two friendly amendments to the draft contract as presented that were not substantive. Mr. DePaolo asked about the proposed waiving of the volunteer requirement for planned permanent positions and discussion followed. Members discussed the issues with getting volunteers both here and county -wide and Mr. Goodman noted that if the Fire Department wanted to add more than the four proposed, the Town would again have a chance to weigh in and approve the need and participation in the funding of any new hires. TB Resolution 2019 - 184: Approval of, and authorization for, the Town Supervisor to sign a contract with the City of Ithaca for Fire Protection Services by the City of Ithaca Fire Department Whereas, the Town of Ithaca has contracted with the City of Ithaca for Fire Protection Services for a number of years, and Whereas, negotiations for the proposed contract for 2020-2024 have been held, and Whereas, a duly publicized public hearing was held, and all persons interested in speaking on the subject were heard, and TB 2019-12-30 Pg. 1 Whereas, the proposed fire contract with the City of Ithaca is for the provision of fire protection services and emergency services for the Town except for the Village of Cayuga Heights pursuant to Town Law § 184 with the following substantive changes: Shifting coverage of the North Campus Residential Expansion buildings/properties from the Village of Cayuga Heights Fire Department to the City of Ithaca Fire Department, and 2. The waiving during the contract period of a requirement for five (5) volunteers per each additional paid firefighter position being added, and Whereas, the contract period is five (5) years with the payment structure remaining the same as in the past, which is based proportionately using the total taxable property assessments in the Town and the City. Town of Ithaca's payments are projected to be: 2020 $3,495,000 2021 $3,582,375 2022 $3,671,934 2023 $3,763,733 2024 $3,857,826 Now therefore be it Resolved, that the Town Board approves the contract as presented and described and authorizes the Town Supervisor to sign same, subject to the approval of the Attorney for the Town. Moved: Pamela Bleiwas Seconded: Rod Howe Vote: ayes — Bleiwas, Howe, Hunter, Leary, Levine, DePaolo and Goodman Agenda Item 3: Discuss and consider authorization and cost sharing for the purchase of a fire truck by the Village of Cayuga Heights Fire Department No discussion. TB Resolution 2019 — 185: Approval for the Purchase of a Fire Ladder Truck by the Village of Cayu2a Heights Volunteer Fire Department and any appropriate Budget Amendment Increasing Appropriations within the Fire Protection Fund Whereas, the Town of Ithaca entered into a Contract with the Village of Cayuga Heights for the provision of fire, hazardous material and emergency medical incident response by the Cayuga Heights Fire Department within the Fire Protection District of the Town of Ithaca; and TB 2019-12-30 Pg. 2 Whereas, the Contract for Fire Protection specifies that the Town of Ithaca shall pay a proportion of the Cayuga Heights Fire Department's capital expenses; and Whereas, the Village of Cayuga Heights is requesting approval of and funding for a new Ladder Truck which is estimated at approximately $869,279 with the Town's portion being approximately $264,000; and Whereas, the current ladder truck will be sold and proceeds from that sale will be put toward the total purchase price noted above; now, therefore, be it Resolved, that the Town Board approves the contributory payment in an amount not to exceed $285,000 for the new Ladder Truck and be it further Resolved, that the Town Board approves and authorizes any necessary budget amendments to meet this contribution. Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, Leary, Hunter, Goodman, DePaolo and Howe Agenda Item 4: Discuss and consider setting a public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 Mr. Goodman reported from the SJC, saying that there was only one bid for the work, and it was much higher than estimated. Discussion followed on recent engineering estimates, possible explanations and possible ways to get bid notices out more broadly. TB Resolution 2019 — 186: Order Setting a Public Hearing Re2ardin2 an Increase in the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 Present: Bill Goodman, Supervisor; Council Members Pat Leary, Eric Levine, Rich DePaolo, Tee -Ann Hunter, Rod Howe and Pamela Bleiwas Moved: Bill Goodman Seconded: Rod Howe Whereas, on December 10, 2018 the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement") and the establishment of the Town of Ithaca Grit Removal and Plant TB 2019-12-30 Pg. 3 Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility Sewer Improvement Area ("Sewer Improvement Area"), through TB Resolution 2018-150; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Sewer Improvement Area was $2,939,272 (Town portion), and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $2,939,272; and Whereas, bids were received and opened on November 26, 2019, which were considerably higher than the estimates for same from the Engineers; and Whereas, Ithaca Area Wastewater Facility Staff, in conjunction with the project's Consultant Engineers concluded that the bids received were responsive and reflective of today's reality, and Whereas, the Facility and Consultant Engineers have prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Sewer Improvement Area (Town portion) from $2,939,272 to $4,540,818; and Whereas, no other changes are proposed to any aspect of the Improvement or Sewer Improvement Area; and Whereas, it is now desired to call a public hearing for the purpose of considering the increase in the maximum amount to be expended by the Town of Ithaca from $2,939,272to $4,540,818, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the on the 131h day of January, 2020, at 5:30 o'clock P.M Prevailing Time, to consider the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. TB 2019-12-30 Pg. 4 The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows; Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Rich DePaolo, aye; Tee -Ann Hunter, aye; Rod Howe, aye and Pamela Bleiwas, aye. The Order was thereupon declared duly adopted. Agenda Item 5: Discuss and consider setting a public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Winston- Salem Road Water Main Replacement Water Improvement from $875,000 to $950,000 Mr. Thaete reported on the previous bid results and the need for this project, as there have been recent issues with the infrastructure in that area. TB Resolution 2019 — 187: Order Setting a Public Hearing Re2ardin2 an Increase in the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Water Main Replacement Water Improvement from $875,000 to $950,000 Present: Bill Goodman, Supervisor; Council Members Pat Leary, Eric Levine, Rich DePaolo, Tee -Ann Hunter, Rod Howe and Pamela Bleiwas Moved: Bill Goodman Seconded: Rod Howe Whereas, on April 8, 2019, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Winston-Salem Water Main Replacement Water Improvement (the "Improvement") and the establishment of the Winston- Salem Water Main Replacement Water Improvement Area ("Water Improvement Area"), through TB Resolution 2019-055; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $875,000, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $875,000; and Whereas, because of anticipated increased construction costs in 2020, the Town Engineer has prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $875,000 to $950,000; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, it is now desired to call a public hearing for the purpose of considering the increase in the maximum amount to be expended by the Town of Ithaca from $875,000 to $950,000, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; TB 2019-12-30 Pg. 5 Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 13th day of January, 2020, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with such Notice to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows; Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Rich DePaolo, aye; Tee -Ann Hunter, aye; Rod Howe, aye and Pamela Bleiwas, aye. The Order was thereupon declared duly adopted. Agenda Item 6: Discuss and consider approval of concept and location for water and sewer infrastructure — Alex Way subdivision Mr. Thaete explained the project. There were no questions from the Board. TB Resolution 2019 - 188: Acceptance of the Concent and Locations of the Proposed Public Utilities (water & sewer) to be dedicated to the Town in Coniunction with the Alex Way Subdivision Proiect Whereas, the Town of Ithaca Planning Board, on November 19, 2019, has granted Preliminary Site Plan Approval for the proposed for the proposed subdivision located at 11 Alex Way, 14 Alex Way, 15 Alex Way and 128 Honness Lane, Town of Ithaca Tax Parcel No.'s 60.-1-25.21, 60.-1-25.22, 60.-1-25.23 and 60.-1-21, Medium Density Residential Zone. The proposal involves subdividing the three existing lots on Alex Way to create six new residential lots, with Lot 1 containing the existing residence at 11 Alex Way. The proposal also involves subdividing a strip from the north edge of 128 Honness Lane which will become part of Lots 5 and 6. The project will also involve improving Alex Way, extension of water and sewer lines, and stormwater facilities. Giora and Limor Fix, Owners/Applicants; TB 2019-12-30 Pg. 6 Whereas, the applicant for the above -referenced project has proposed to dedicate to the Town of Ithaca the public utilities (water & sewer) as shown on the plans titled Sheet C103, Utility and Grading Plan, dated July 30, 2019, Revision 1, dated November 11, 2019, prepared by T.G. Miller, P.C. Engineers and Surveyors, and associated easement(s), and Whereas, the Town Engineer has reviewed the plans for the above -referenced improvements proposed for dedication to the Town, and have found them generally acceptable and recommended them to the Town Board for consideration, now therefore be it Resolved, that the Town of Ithaca Town Board hereby accepts the concept and locations of the above-described improvements. Moved: Rod Howe Seconded: Tee -Ann Hunter Vote: ayes — Howe, Hunter, Leary, Levine, Goodman, Bleiwas and DePaolo Agenda Item 7: Discuss and consider approval of application and submission of a Deer Management DEC Nuisance Permit Mr. Goodman gave an overview saying this is for a longer period and starting earlier as well as three additional sites from last year. He added that the City wanted to get involved by adding two of the new sites near Six Mile Creek. Mr. DePaolo had questions about whether firearms are going to be used in the rural locations and where might that be? Mr. Goodman responded that he thought the plan was just for archery, but Mr. DePaolo said the application says "we have the ability" to use firearms. Mr. Goodman said in speaking with Mr. Smith, for the general program firearms might be available but the plan is just archery. Mr. Goodman added that this is another trial run to see if the time expansion helps with hunter participation. TB Resolution 2019 - 189: Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation Whereas, in May 2017, the Town of Ithaca Conservation Board presented a report (titled "Deer Management: Recommended Actions for the Town of Ithaca") to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas, this report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car -deer collisions, NYSDEC Deer Management Focus Area), provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub- committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of TB 2019-12-30 Pg. 7 deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas, in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018; and Whereas, the Deer Management Committee held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions, has, on February 11, 2019 , made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town applied for and received a Deer Damage Permit from NYSDEC in February 2019 and conducted the program on three properties, resulting in the harvesting of one deer; Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to file a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2020, including any associated future documents, forms or reports. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes — Goodman, Levine, Leary, Hunter, Howe and Bleiwas nay — DePaolo Agenda Item 8: Discuss and consider appointments to the Planning Board and Zoning Board of Appeals Mr. Goodman noted that there are four new members for the Planning Board and Mr. Wilcox is stepping down as Chair. TB Resolution 2019-190: Appointment of Zoning Board of Appeals Members Whereas there is a vacancy on the ZBA for the full five-year term January 1, 2020 through December 31, 2024; and Whereas, Alternates David Squires and David Filiberto would like to be considered for the full membership or be reappointed as an Alternate; and TB 2019-12-30 Pg. 8 Whereas the interview committee interviewed four new candidates and recommends David Squires as a regular member for the term ending December 31, 2024, and David Filiberto and David Williams as Alternate Members for 2020; now, therefore, be it Resolved, that the Town Board hereby appoints David Squires as a Regular Member for a five- year term ending December 31, 2024, reappoints David Filiberto as Alternate member for the year 2020 and appoints David Williams of 212 Tudor Road as an Alternate member for the year 2020. Moved: Eric Levine Seconded: Rod Howe Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas TB Resolution 2020-191: Appointment of Planning Board Members Whereas, Joseph Haefeli has indicated he would not like to be reappointed as a Regular Member, since his term is ending December 31, 2019, which leaves a full seven-year term vacant; and Whereas, there are three additional open positions on the Planning Board with one term ending December 31, 2020 and one term ending December 31, 2022 and the 2020 Alternate position; and Whereas, the interview committee interviewed six candidates for the open positions and recommends appointing Christopher Biehn, 113 Larisa Lane, as a regular member for the full seven year term ending December 31, 2026, Gregory Lindquist, 166 Whitetail Drive, as a regular member completing a term ending December 31, 2022, Michael (Mick) LoPinto, 531 Elm Street, as a regular member completing a term ending December 31, 2020 and Ariel Casper, 429 Bostwick Road, as the Alternate member for 2020; now, therefore, be it Resolved, that the Town Board hereby appoints Christopher Biehn as a regular member for the full seven-year term ending December 31, 2026, Gregory Lindquist as a regular member completing a term ending December 31, 2022, Michael LoPinto as a regular member completing a term ending December 31, 2020 and recommends Ariel Casper as the Alternate member for 2020. Moved: Eric Levine Seconded: Rich DePaolo Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas TB Resolution 2020-192: Appointment of Planning Board Chair and Zoning Board of Appeals Chair Whereas the Planning Board members have recommended that Liebe Meir Swain be appointed as Chair for the year ending December 31, 2020, and Whereas the Zoning Board of Appeals members have recommended that Rob Rosen be reappointed as Chair for the year ending December 31, 2020, now, therefore, be it TB 2019-12-30 Pg. 9 Resolved that the Town Board of the Town of Ithaca does hereby appoint Liebe Meir Swain as Chair of the Planning Board for the year 2020; and be it further Resolved that the Town Board of the Town of Ithaca hereby reappoints Rob Rosen as Chair of the Zoning Board of Appeals for the year 2020. Moved: Eric Levine Seconded: Rich DePaolo Vote: ayes — Levine, DePaolo, Hunter, Howe, Leary, Goodman and Bleiwas Agenda Item 9: Town of Ithaca Abstract TB Resolution 2019 -193: Town of Ithaca Abstract No. 24 for FY -2019 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. 1616- 1739 General Fund Town Wide 161,972.95 General Fund Part -Town 90,200.04 Highway Fund Town Wide DA 12,024.19 Highway Fund Part Town DB 354,107.60 Water Fund 691,141.47 Sewer Fund 22,262.82 State Route 96b Sidewalk — H7 11,192.39 Risk Retention Fund 305.50 Fire Protection Fund 266,000.00 Forest Home Lighting District 215.32 Glenside Lighting District 80.60 Renwick Heights Lighting District 101.23 Eastwood Commons Lighting District 202.85 Clover Lane Lighting District 23.93 Winner's Circle Lighting District 73.76 Burleigh Drive Lighting District 81.85 West Haven Road Lighting District 259.83 Coddin ton Road Lighting District 153.90 TOTAL 1,610,400.23 TB 2019-12-30 Pg. 10 Moved: Tee -Ann Hunter Seconded: Pamela Bleiwas Vote: ayes — Hunter, Bleiwas, Goodman, DePaolo, Leary, Levine and Howe Added Item: Resolution of Appreciation for Supervisor Goodman TB Resolution 2019-194: Recognition of Town Supervisor William Goodman's Dedicated Years of Service to the Town Whereas, Bill Goodman started his service as Town Supervisor on January 1, 2016; and Whereas, before becoming Supervisor, Bill was elected to and served two terms on the Town Board, from 2007 through 2015, the last term of which he also served as Deputy Supervisor; and Whereas, Bill's tireless networking with other government entities, educational institutions, and organizations has enhanced intermunicipal cooperation and informed town policymaking; and Whereas, Bill's collaborative, thoughtful, and creative problem -solving management style has effectively utilized the talents of professional staff, improved employee morale, enhanced the working relationships of Town Board members and committees, and promoted more open, productive interaction with residents; and Whereas, Bill's leadership advanced major town initiatives, including: developing form -based zoning to implement the Comprehensive Plan; reducing the town's carbon footprint; moving forward on deer management; creating fiscally responsible budgets, fair labor agreements, and succession planning; promoting economic development; expanding the town's sidewalk infrastructure; overseeing the town's involvement in the Maplewood housing construction and ensuring adequate compensation for the project's costs to the town; and crafting short-term rental legislation to preserve and better utilize the town's housing stock while protecting neighborhood character; and Whereas, the Town of Ithaca has greatly benefited from Bill's devotion and desire to serve our community in order to make it a better place for us all to live; and Whereas, Bill has chosen to continue to provide the town with the benefit of his experience, legal expertise, and balanced perspective by continuing to serve as a Town Board member and Deputy Supervisor even after he completes his term as Supervisor on December 31, 2019; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca, on behalf of the Town and all its citizens, expresses its sincere appreciation, admiration, and gratitude to Bill Goodman for his distinguished and dedicated service to our community. Moved: Rod Howe Seconded: Eric Levine Vote: ayes — Howe, Levine, Leary, DePaolo, Hunter and Bleiwas TB 2019-12-30 Pg. 11 Abstained — Goodman Agenda Item 10: Swearing in of 2020 Elected Officials Ms. Rosa held the swearing in ceremony. Adjourn Meeting was adjourned upon a motion and a second, unanimous. TB 2019-12-30 Pg. 12