HomeMy WebLinkAboutTB Packet 2021-05-04Study Session of the Ithaca Town Board
Monday, May 24, 2021 4:30 pm
AGENDA
This meeting will be held via video conferencing due to the extension of the NYS Governor's
Executive Order(s) associated with health and safety precautions for COVID-19
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1. Review of IECS and consider setting a public hearing
2. Consider approval of and authorization to execute a contract with National Water
Main Cleaning Co. for the 2021 Sanitary Sewer Rehabilitation Project
3. Deer Program Update
4. Cannabis legislation update
5. American Rescue Plan Act
6. Consider setting a Public Hearing regarding a noise permit application for
Ithaca Beer Co.'s summer music series
7. Committee Reports
a) Budget
b) Codes & Ordinances
c) Personnel and Organization/ERC
d) Planning
e) Public Works
f) Others
o Short Term Rental
o Economic Development
o Sidewalks
o Parks, Trails, Preserves & Recreation
8. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Revised Covid Response Policy
d. Promotional Appointment Admin Asst.11— Codes
e. Promotional Appointment Working Supervisor - PW
9. Review of Correspondence - None
MEETING OF THE ITHACA TOWN BOARD
Monday, May 24, 2021
TB Resolution 2021 - : Setting a public hearing regarding proposed local laws adding the
Ithaca Energy Code Supplement to the Ithaca Town Code, and adding Ithaca Energy Code
Supplement References to Chapter 125, `Building Construction and Fire Prevention,"
Chapter 207, "Rental Property," and Chapter 270, "Zoning"
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at 5:30 p.m. at
the Town Hall, 215 North Tioga Street, Ithaca, New York on the 14th day of June, 2021 and via
the ZOOM video and audio conferencing platform per Governor Cuomo's Executive Order(s)
and Extension(s) regarding safety efforts associated with COVID-19 and in -person attendance at
public meetings, for the purpose of considering the following proposed local laws:
1. A Local Law adding Chapter , Titled "Ithaca Energy Code Supplement," to the Town
of Ithaca Code
2. A Local Law Amending Chapter 125, "Building Construction and Fire Prevention," to
Add Ithaca Energy Code References to the Town of Ithaca Code
3. A Local Law Amending Chapter 207 "Rental Property," to Add Ithaca Energy Code
References to the Town of Ithaca Code
4. A Local Law Amending Chapter 270, "Zoning," to Add Ithaca Energy Code References
to the Town of Ithaca Code
and be it further
Resolved, that at such time and place all persons interested in the proposed local law will be
heard concerning the same.
Moved: Seconded:
Vote:
Item 1
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development — 607-274-6550 Community Development/IURA — 607-274-6565
E-Mail: dgrunder@cityofithaca.org
For additional information contact:
Nick Goldsmith, Sustainability Coordinator
ngoldsmith@cityofithaca.org
607-274-6550
For Immediate Release
Date 05-07-21
City of Ithaca Adopts Energy Code Supplement, Requires Net -Zero Construction by 2026
Ithaca, NY - At the May 5 meeting of Common Council, the City of Ithaca adopted the Ithaca Energy
Code Supplement (IECS), code requirements for new buildings and major renovations that will
substantially reduce greenhouse gas emissions while emphasizing affordability. Ithaca Mayor Svante
Myrick called Wednesday's unanimous vote "history -making," and lauded the "enormous and impressive
accomplishment."
The new law marks the end of a long process guided by an extraordinary level of community input. Over
the last four years, City staff worked with a consultant team and internal and external stakeholder groups
to create regulations that are achievable, affordable, and impactful. The project was a joint venture with
the Town of Ithaca, which plans to discuss adoption of the IECS in early June. Nick Goldsmith, IECS
project manager and Sustainability Coordinator for both the City and the Town, said, "Collaboration was
an integral part of this project. The regulations will cover both the City and the Town, practically
doubling the impact, and providing consistency for builders who work across municipal boundaries. We
hope to inspire other communities to take strong legislative action to reduce GHG emissions."
The rules, which will go into effect on August 4, 2021, require that all new buildings be constructed to
produce 40% fewer greenhouse gas (GHG) emissions than those built to NYS code. The IECS will
become more stringent in 2023, requiring an 80% reduction in emissions. Starting in 2026, net -zero
buildings that do not use fossil fuels will be required (with exceptions for cooking and process energy).
Partly due to broad community support and the increasing urgency of global climate change, Common
Council voted to accelerate the implementation timeline from the originally proposed step-up dates of
2025 and 2030.
The IECS offers the flexibility for builders to comply using the prescriptive Easy Path, which is a
customized point -based system, or using the performance -based Whole Building Path. Using the Easy
Path, GHG reductions are achieved from electrification of space and water heating (e.g., heat pumps),
renewable energy (e.g., community solar), and affordability improvements which reduce construction
costs (e.g., efficient building shape).
"The emphasis on social justice and affordability will result in affordable buildings with lower energy
costs that are passed on to tenants. The buildings will be more durable, have lower maintenance costs,
will last longer, and have eliminated risk of gas explosions and carbon monoxide poisoning," asserts Ian
Shapiro from Taitem Engineering, a member of the consultant team led by STREAM Collaborative. "This
is a win for building occupants, a win for building owners, and a win for our environment."
The IECS is an overlay to the state energy code, not a replacement. All other applicable code
requirements must still be met. The Building Division will oversee implementation and enforcement of
the IECS, as they do with state energy and building codes. JoAnn Cornish, Director of the Department of
Planning and Development, which includes the Building Division, states "This is a significant
advancement. I am so proud knowing that this endeavor was part of the Planning Department's efforts to
build a greener more sustainable city for our residents."
The Ithaca Energy Code Supplement is a major piece of the City's Green New Deal (GND), which aims
to achieve an equitable transition to carbon -neutrality community -wide by 2030. With the IECS now
written into law, the City will soon be discussing other GND components, like the monumental task of
shifting the entire community building stock, including all existing buildings, to become net -zero.
Luis Aguirre -Torres, the City's new Director of Sustainability, affirms, "We will continue to lead by
example, demonstrating our commitment to a just transition, through a series of follow up actions and
policies centered on accelerating the transition to a carbon -free economy by 2030."
More information about the Ithaca Energy Code Supplement is available at
www.ithacagreenbuilding.com. Additional information will be posted on the City website.
Item 1 con't
Ithaca Energy Code Supplement
Responses to public comments received on IECS 01-28-21 draft
Updated 03-26-21
Below are responses addressing many of the comments that were received during the public comment period
for the 01-28-21 draft of the Ithaca Energy Code Supplement. This document has been updated; additional
comments from the public and Town/City boards have been addressed, and additional information has been
provided for some of the previously addressed topics. Comments and responses are posted at
u Ay. .. th_ cagreenbuildin .com. Many commenters had similar recommendations, and some comments were
signed by over 100 people/organizations. I have attempted to capture the spirit of all comments while in places
combining several comments.
Comment: Many individuals and organizations sent comments or signed on to group comments saying: I support
the passage of the IECS, but the 2025 code standards (12 points through the Prescriptive Compliance Path/Easy
Path) should be adopted now, and the 2030 standards (net -zero buildings with no fossil fuels) should be
adopted in 2025. A variation on this comment suggests accelerating the timeline by starting with 6 points in
2021 (as written in IECS), increasing to 12 points in 2022, and increasing to net -zero with no fossil fuels in 2024.
One commenter urged that any such change reflect careful and fully vetted analysis of the implications of such
an action and the impact to development.
Response: The IECS Working Group was not previously comfortable with a faster transition to the more
stringent standards. That being said, it is acknowledged that climate change science and climate action are in a
different place than they were four years — or even one year — ago. The Town of Ithaca Codes and Ordinances
Committee (COC) and the City of Ithaca Planning and Economic Development Committee have both expressed
interest in the idea of speeding up the timeline for future requirements; the COC will discuss this idea again at its
April meeting.
To make the requirements more stringent, adjusting the 2025/2030 dates (e.g., adopt 2025 standards in 2023
and 2030 standards in 2026) seems to be a good balance of reacting to the latest climate change science and
staying true to the original intent of the Green Building Policy. There are multiple nuances to discuss, but for
starters, here are a few:
1) Several local projects, especially mixed -use or multifamily buildings, have been built (or are in the
planning stage but have been designed) to comply with the 2021 IECS requirements (6 points) or even
2025 IECS requirements (12 points). Some of these projects have received TCIDA tax abatements using
the Enhanced Energy Incentive, which currently offers additional funding for projects meeting 2025 IECS
requirements.
2) The IECS is a complex set of requirements. It would be helpful to have the opportunity to work with the
base version of the new policy before ramping up to the next level. This will allow City/Town staff to get
used to the IECS, assess intended and unintended impacts, refine as necessary, and build support for the
more stringent requirements. One City employee drew a parallel between the IECS and another
complicated public policy — K-12 Common Core standards — that was rolled out too quickly without
adequate vetting that resulted in undermining support for the entire initiative and its eventual repeal.
3) We have promoted the IECS as affordable, but going to 12 points immediately will reduce affordability.
The cost of technologies like heat pumps, LED lighting, and solar PV are all coming down quickly, but the
shorter the timeline, the less cost will be reduced. Further discussion of affordability is below.
Page 1 of 11
Comment: Several comments related to walkability. Many suggest eliminating points for walkability. Some
suggest the IECS should instead offer a point for mixed -use developments, and that future rezoning should be
done to increase the number of parcels available for mixed commercial -residential use. Reasons given: This
point is too easy; the City is already walkable in areas where development is likely; walkability is already
desirable in the current market so no points need be given.
Some commenters disagreed with removing the walkability point, saying we as a community have adopted and
embraced the importance of dense nodal development in walkable and transit served areas. Eliminating the
point under the rationale that it is a "given" or an "easy" point sends the wrong message to developers and the
Community.
Some advocated for making the walkability point stronger by adding additional requirements such as preparing
a Transportation Demand Management plan, installing covered bike parking, or locating on a complete street.
Response: No change recommended. Walkability and density have been elements of the IECS from the 1st draft
and are goals of the City and the Town. The IECS supports these concepts. Through the Prescriptive Path/Easy
Path, a point can be earned for walkability, which requires proximity to a variety of services and pedestrian
infrastructure. This will encourage mixed -use buildings. In the Town, the walkability point also requires that the
building be located in a Town development priority area. A separate point is also offered for density.
Neither the Town of City Planning departments are supportive of adding requirements to the walkability
requirements. At the City, some of the suggested additional requirements are already considered as part of site
plan review, or are in discussion to incorporate into site plan review. At the Town it was noted that most
projects will have a hard time achieving the walkability point as currently written.
Comment: For all "Custom Energy Improvement" points (OP6), include a prerequisite that there be no fossil
fuels in the building. A few commenters suggested this only for commercial buildings.
Response: This issue is worth revisiting given the number of public comments received and the apparent
willingness of Town/City decision makers to strengthen the IECS immediately. The effects of reinstating the
original prerequisite would be 1) provide extra incentive for electrification of space heating, water heating, and
cooking, and 2) provide fewer options for buildings using natural gas to use the Easy Path. These buildings could
still receive credit for the same improvements under the Whole Building Path.
We received a few comments to the last IECS draft (08-08-19) to remove the "no fossil fuels" pre -requisite for
the point OP 6, Custom Energy Improvement, which we followed. The IECS allows natural gas to be used (more
discussion of this later). On the one hand, improving heating equipment, even if gas -fired, has tangible emissions
reductions that we want to promote. On the other hand, the IECS highly promotes electrification of space and
water heating. Allowing gas -fired equipment to earn points under OP6 does remove some of the incentive
towards electrification.
Comment: Several comments related to affordability, for example "is there an assumption that there is a linear
relationship between the construction of higher energy performing buildings and their overall cost. If so, request
more empirical data to confirm your assumption," and "the proposal fails to discuss or estimate the costs of
compliance with the new code."
Response: Through the four-year development of the IECS, we have determined that the 2021 requirements will
have minimal impacts on construction cost. There is discussion of cost in the 2018 Green Building Policy report
Page 2 of 11
(pp. 12-13, 22-28), and technology costs have come down since then. Unfortunately, we do not have the
resources to pursue the kind of comprehensive cost analysis performed for many international codes.
Much of the cost question depends on design flexibility. The Affordability Improvements section of the Easy Path
offers up to six points (full compliance in 2021) for improvements that reduce construction cost as well as
reducing ongoing utility costs.
Our IECS development work indicates that the 2021 requirements will not result in additional construction costs
for residential buildings, including multifamily. Commercial buildings — depending on several details — could see
a cost increase up to a few percentage points for 2021 requirements. Looking to future requirements, in the
2018 Green Building Policy Report, it is estimated that zero energy buildings (2030 requirements) cost 10-15%
more than conventional buildings. Rocky Mountain Institute did Ithaca -specific analysis in 2019 showing that
zero energy homes would result in an incremental cost of 7.5%. Technology costs for heat pumps, solar PV, and
LED lighting have dropped since these analyses were done, and the base NYS code has been strengthened a
small amount, indicating that cost differentials should now be smaller than originally estimated.
Comment: Include some narrative on the climate crisis and additional justice/equity framing. Some commenters
stated, "I support Sunrise's proposed language," but language was not included. Another commenter noted that
the priorities of "electrification, renewable energy, and affordability" would be greatly complemented by the
addition of health and resilience; achieving the goals of both environmental health and resource affordability
would ultimately be in service to the public health.
Response: Although it won't change the regulations, there is no apparent downside to including additional facts
about these issues in one or both documents. There is language in the ordinance addressing reducing GHG
emissions, but not specifically the climate crisis, justice, equity or public health. One of the main goals of the
IECS is to maintain affordability, but there is no narrative around this. Language on pages 11-12 of the Green
Building Policy report may be appropriate.
Comment: Shorten or eliminate the 6-month grace period for adoption, so that the IECS goes into effect sooner.
Response: The grace period as written is 3 months, which according to our Code officials is in line with the NY
State implementation of the last energy code. Note that a previous version of the Ordinance (where the grace
period is mentioned) erroneously stated the IECS would go into effect immediately.
Comment: Require an independent third -party review of all documentation/reports. One commenter considers
if this should only apply to larger buildings. Can you discuss the issues with third party enforcement?
Response: The City Planning Division has indicated there is precedent for third -party review at the expense of
the applicant, and this strategy may be appropriate in some or all cases with the IECS. Additionally, making
particular application elements public could allay some concerns by providing additional transparency. For
example, the energy model input and output reports used for some IECS compliance paths could be included as
part of the design packet so that the public could review.
To give additional background on the issues, we have received several comments, on this IECS draft and the last,
that suggest third party review, mostly with regard to the Greenhouse Gas Emissions Calculation -based
Compliance (IECS section C403.4). For example: "Require All Data Variables used in [this compliance path] be
Publicly Vetted and Verified by Independent Third -Party Experts." This commenter cited a project where "the
Page 3 of 11
accuracy, reliability, and credibility of [the developer's GHG reduction] data" "were authoritatively and
vigorously disputed by independent, experienced and highly competent experts." Additional discussion can be
found in "IECS Comments and Responses to 08-08-19 Draft," available at w.�,rrw:ith_ cggreenbLailc n .com.
Comment: If we rush to electrification, before the power grid is sufficiently green, we could inadvertently
increase our carbon emissions.
Response: Thanks to upstate NY's relatively low-GHG emission electric grid (the cleanest in the nation, according
to one source), electrification makes sense today. Switching to technologies such as heat pumps and electric
vehicles provides significant GHG reduction today, and the benefit will grow as the grid moves towards the NYS
2040 goal of zero emission electricity production. The graphic below shows the sources for electricity generation
in upstate New York over the last several years, comparing them to state goals. Thank you to the Ithaca 2030
District for providing this graphic.
Nota. "RenewabGes"° includes Hydro„ Momass, wind, Solar and GeotherrnaL "Non-CombusVon"
includes Nuclear, Hydro, Mnd, Solar and Geofherrnal. Data S"ourcc EPA eG D - avwvv.epa.gov/egdd
Comment: Require every new building to meet the standards of the NYStretch Energy code. Some also
suggested removing the IECS Easy Path points allocated for using NYStretch.
Page 4 of 11
Response: No change is recommended. The NYStretch Energy Code is a useful tool that will improve buildings,
and we want to support this state initiative, but compliance should remain optional. Requiring it will add
construction cost (NYSERDA estimates a 4.1 year/10.5 year payback for Low-rise Residential/Other buildings)
and take away flexibility, contrary to two goals of the IECS. The overall impact, by NYSERDA estimates, is a 26.2%
reduction in energy use for low-rise residential buildings and 7.4% average reduction in energy use for other
buildings. All this being said, the IECS will work as designed, whether the Stretch Code is an option or a
requirement, and whether points are awarded for it or not. Some adjustment might be needed to avoid double
counting of savings achieved by the Stretch Code and by, for example, certain points in the Easy Path.
Comment: Don't allow fossil fuels to be used in new construction projects (immediately, or starting in 2025,
depending on the commenter). If the goal is for Ithaca to reach zero emissions by 2030, then it makes no sense
to allow new buildings to include fossil fuel infrastructure that would have to be replaced in less than 10 years.
For projects with fossil fuels involved, there should be a code provision to require these projects to be
developed in such a way as to easily transition to an all -electric energy system when such systems are mandated
to avoid more costly retrofits later.
Response: This was also a frequent comment in the last round of comments (for the 08-08-19 draft), and the
issue is intertwined with the idea of accelerating the 2025 and 2030 requirements (see first comment). This is
indicative of the attention being placed on the topic of electrification of space and water heating. Policy is
changing very quickly in this area.
We agree that it is crucial that natural gas use be reduced as quickly as feasible, because the global warming
potential of methane in the short term is about 85 times higher than that of carbon dioxide. There is intense
interest in exploring the idea of banning natural gas across the state and the country.
If natural gas were to be banned in new construction in Ithaca, the IECS would still work as designed, with little
need for adjustment. Many buildings would receive several points from the Easy Path's Efficient Electrification
section, and in some cases, this would be enough to comply with the IECS. A similar statement can be made for
the performance -based path.
However, while about 40 municipalities in California have banned natural gas in new construction, there are
specific legal hurdles in New York State to banning natural gas, and no municipality in NYS has yet tried it. (New
York City has stated its intention to ban natural gas in new construction by 2030.) Due to this uncertainty, the
IECS Working Group has not expressed willingness to ban fossil fuels before 2030.
Before fossil fuels are disallowed in the IECS (nine years as written), it is likely that (A) the City/Town can get
more comfortable with authority to ban gas under existing laws and/or (B) State law will change to allow
meeting the goals of the CLCPA.
If the Town Board and/or Common Council are interested in exploring the feasibility of a gas ban, we believe it
to be in line with the goals of the IECS and the Green New Deal. However, because of the scale of this issue, we
recommend that a gas ban be looked at as a separate Town/City policy, and not as part of this phase of the IECS.
Finally, the suggestion to include specific provisions to mandate that construction of fossil fuel -heated buildings
include infrastructure to transition to all -electric at a future time will likely be impossible unless the City/Town
make changes to the building code, which is a more difficult process. The IECS as written only makes the state
energy code more stringent, which is an easier process.
Page 5 of 11
Comment: Delete RE2 — biomass systems for space heating. Variation: Eliminate points for biomass power
generation. Reasons given: alleged benefits of biomass are outweighed by its negative health and environmental
consequences. One major concern cited is indoor (and outdoor) air quality issues. Two Common Council
members voiced support for the biomass point, referencing wood stoves.
Response: No change recommended to IECS. It is recommended to add language to IECS Reference Manual as
detailed in the second -to -last paragraph of this response. First, to clarify, Easy Path point RE2 is for biomass
space heating systems only; no credit is given under the IECS for biomass power generation. There has been a
lot of discussion on the biomass points over the last few years. We are aware that some people would prefer not
to see biomass promoted for space heating. However, our sources indicate that space heating with biomass,
when using the right equipment, is efficient, produces low emissions (e.g. particulates), and has a low carbon
footprint (low net GHG emissions).
It is important to consider pollutants, especially particulate matter, which we have addressed by aligning with
NYSERDA's Renewable Heat NY program requirements for biomass technology. Please note that wood stoves
are not allowed by this program, which authorizes only biomass boilers and residential pellet stoves. Like most
fossil fuel heating systems, the biomass equipment allowed by NYSERDA requires electricity to run, and would
not work during a power outage. The pellet stoves do have battery backup options that would keep the heat
running in an outage.
To partially address concerns with biomass, we recommend encouraging (we can't realistically require) that
biomass be sourced regionally (e.g. from within a certain radius) and from production with sustainable
harvesting practices. Language to this effect should be added to the IECS Reference Manual.
Further discussion of biomass can be found in the Green Building Policy report (p. 29) and on the Cornell
Cooperative Extension of Tompkins County website.
Comment: Add a specific requirement for electric vehicle charging stations in a ratio based on total number of
parking places in the project.
Response: Due to comments on the previous draft supporting electric vehicle charging infrastructure, a point
was added to this effect (OP3 Electric Vehicle Parking Spaces). A requirement based on parking spaces could be
considered, although parking needs and requirements vary considerably by project. This option would also
remove flexibility from the IECS.
Comment: The IECS itself cannot fully address the goals cemented in the Ithaca Green New Deal. Principally,
additional policy is needed to ensure that the buildings covered under the GBP also are required to have strong
labor protections, preference for local workers, and community consent in development.
Response: Noted. Additional conversation is needed in this area.
Comment: Include makeup air for kitchen hoods in the definition of Process Energy, with the intent of allowing
it where fossil fuels are otherwise not allowed. Commercial cooking is already exempt.
Reply: The energy and GHG emission impacts of this suggestion vary by building but are potentially high. For this
reason, makeup air for any purpose, including kitchen and lab hoods, was intentionally excluded from the
Page 6 of 11
definition of process load. Where this issue is a barrier to receiving certain points, it is possible that either the
Custom Energy Improvement point (OP6) or the Whole Building Path could be used.
Comment: Cornell and the community should be provided at least thirty days to review and comment on the
proposed final code language before PEDC considers sending the IECS to Council for adoption.
Response: To be discussed by the Town and the City. The current comment period lasts from January 28t" to
February 17t". Hundreds of comments have been received over the past years, which have guided the
development of the IECS.
Comment: Agenda materials do not detail the City's plan for which City staff will be tasked with assisting project
sponsors in understanding and complying with the IECS during project planning and the resources that will be
made available in support of both that effort and review and enforcement by the Building Division. Who in the
City will educate builders and property owners about the Code and enforce it? What will that cost us?
Response: Implementation is in discussion at the Town and the City. Interface with Planning and Code staff will
remain as it is now. An IECS Reference Manual will provide additional assistance to applicants and code officers
in understanding and using the IECS. The directors of code enforcement at the Town and the City have been
involved with the IECS development from the beginning and have indicated there will not be significant
additions to current review times to enforce the IECS.
Comment: Energy Storage is vitally important, due to all the days that the sun's rays don't touch down in
upstate NY.
Response: Agreed that energy storage is important and has the potential for GHG reduction in new buildings. It
is possible that an applicant could use OP 6 (Custom Energy Improvement) or the Whole Building compliance
path to earn credit for energy storage systems. This also could be considered for inclusion as a specific point in
the Easy Path, but given the complexity of estimating precise GHG reduction estimates, it's not feasible to
include it in the current phase.
Comment: Development is hugely dependent on the financial community and investors. Have organizations
such as Tompkins Trust and CFCU been engaged? Are they willing to encourage and finance such development?
Response: We have engaged directly with Tompkins County Area Development, Ithaca Urban Renewal Agency,
several developers, and the Park Foundation, but we have not engaged directly with financial institutions and
investors.
Comment: Acknowledgment of the difference between new, large, commercial construction and individual
homeowners adding additions to their homes. Should not unfairly burden small scale construction outfits.
Response: All different types of construction projects were considered in the development of the IECS. The Easy
Path is meant to be an easy to understand, easy to use option for projects of all sizes. The IECS Reference
Manual will provide information on intent and language that is easier to understand than the code language of
the IECS. Relating to additions, the IECS features three different ways to comply.
Page 7 of 11
Comment: What do buildings that earn the winclow-to-wall ratio point look
Response: There are several examples oflocal buildings that have a window to
mmU ratio less than 20%. Included here is a conceptual example and pictures of
asingle family home, anapartment building, and a university building.
Hemsin House, Perry City Road, Window to wall ratio 15%
Breckenridge Place, West Seneca Street, Window towall ratio about 17Y6
White Hall, Central Avenue, WWR about 14%
Page ovfzz
Comment: What are the penalties for non-compliance?
Response: A building will not receive its certificate of occupancy. In the renewable energy section, there are
some requirements for annual reporting. Enforcement has not been finalized; noncompliance with these
requirements could result in a fine.
Comment: What is the rationale for giving a point for re -using a building for a new purpose, but not for the
original purpose? Doesn't renovating an older home to keep as a home prevent a lot of waste?
Response: This issue relating to the Adaptive ReUse point (section C402.5.4) also got a lot of comments in 2019.
At that point, after long discussion, the Working Group did not feel comfortable removing the change -of -use
requirement of this point. One implication of removing it would be that every major renovation would score a
free point, which we wanted to avoid. There were also other potential unintended consequences that the group
wanted to avoid. A nuance was brought up that perhaps points should only be offered if a building is near the
maximum height allowed by zoning.
Comment: No mention of insulation? I don't recall reading about points for "Smart" systems, zone/room
heating, and on -demand water heating systems. Aren't they also valuable components of a comprehensive
energy saving plan?
Response: The IECS Prescriptive Compliance Path/Easy Path focuses on electrification of space and water
heating, affordable construction, and renewable energy. Also, the system is calibrated so that each point
reduces GHG emissions by 6-10%. Many additional technologies were proposed to receive credit, but were not
added due to a higher incremental cost (e.g., insulation) or GHG reduction that doesn't meet the threshold.
However, these technologies could potentially receive credit through the Custom Energy Improvement point
(OP6, C402.5.6) or through the Performance -based Compliance Path/Whole Building Path.
Comment: Why would we award points to encourage developers to build smaller rooms? They will do it, for
sure, in a heartbeat. And then we get cramped, tiny living spaces, even more unsuitable for families than what
we are getting now.
Response: Easy Path point All offers up to two points for smaller building/room size. All buildings must comply
with all NYS codes, which include rules about room size. We are not proposing smaller rooms than are currently
allowed. In general, home sizes in America are much bigger than they used to be and much bigger than other
countries. This point attempts to move the needle the other way.
Comment: How much natural gas does cooking use in comparison to heating?
Response: Comparatively, gas used for cooking is a very small amount compared to gas for heating. In all homes
(including apartments) in the Middle Atlantic region, less than 4% of natural gas is used for cooking. Over 95% is
used for space heating (73%) and water heating (23%) (Source: Energy Information Administration's Residential
Energy Consumption Survey 2015). I was not able to find this data for food service establishments.
Page 9 of 11
Comment: "In MAJOR RENOVATIONS, the whole building, including space outside of the work area, shall comply
will all applicable requirements." Is this meant to mean work on systems that are not within the actual work
area but would be required by the Existing Building Code Alternation - Level 3 work classification? Wouldn't this
already be implied with general Code compliance?
Reply: What is meant is that the entire building must be used to show compliance, as opposed to showing
compliance with only the renovated portion of the building. This language does not require work outside of the
work area. The threshold for "major renovation" is purposefully quite high, but once it is reached, it is
appropriate that the entire building must meet the same level of GHG reduction as new construction.
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MEETING OF THE ITHACA TOWN BOARD
Monday, May 24, 2021
TB Resolution 2021 - : Authorization to Award Contract for the 2021 Sanitary Sewer
Rehabilitation Project
Whereas, the 2021 Ithaca Town Budget included $300,000 for the rehabilitation of Sanitary
Sewers and Manholes; and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board
that approval, construction and implementation of the Sanitary Sewer Rehabilitation Project
2021 (the "Improvement" or "Project") are a Type II Action because the Action constitutes
"replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site,"
and thus approval, construction and implementation of the Improvement are not subject to
review under SEQRA; and
Whereas, on May 19, 2021, the Director of Engineering (Director) received bids for the Project;
and
Whereas, the Director reviewed the bids and qualifications received and has determined the
lowest responsive bid in the amount of $265,075.00 was made by the lowest responsible bidder,
National Water Main Cleaning Co.; 25 Marshall Street, Canton MA 02021; and
Whereas, the lowest responsive bid was under the estimate by $34,925 and an additional 4%
contingency is customary and recommended in the amount of $10,600 for a total of $275,675;
now therefore be it
Resolved, that the Town Board hereby authorizes the award of the contract for the Town of
Ithaca 2021 Sanitary Sewer Rehabilitation Project to National Water Main Cleaning Co.; and be
it further
Resolved, that the Town Supervisor is authorized to execute such contract subject to approval of
the final contract documents by the Town Engineer and Attorney for the Town; and be it further
Resolved, that the Director is authorized to approve change orders to such contract upon receipt
of appropriate justification provided the maximum amount of such change orders shall not in the
aggregate exceed $10,600 without prior authorization of this Board, and provided further that the
total project cost, including contract, engineering, legal, inspection, and other expenses, does not
exceed the maximum authorized cost of $275,675 for the project.
Moved: Seconded:
Vote:
Item 3
UWA-0101110[e174T1CiI k114011 I1lPl
TO: TOWN BOARD MEMBERS
FROM: MICHAEL SMITH, SENIOR PLANNER
DATE: MAY 18, 2021
RE: DEER MANAGEMENT PROGRAM
- SUMMARY OF 2021 PROGRAM
Background: In May 2017, the Town of Ithaca Conservation Board presented a report ("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. In February 2019 the
Town Board established the Town of Ithaca's Deer Management Program and authorized the first
Deer Damage Permit (DDP) application through the NYS Department of Environmental
Conservation. The DDP allows taking deer of either sex using archery, crossbows or firearms,
with shooting over bait during a 24-hour period. As a pilot program for the first year (2019), the
program operated on three properties and resulted with one deer killed.
In 2020, the Town expanded the deer reduction efforts to six properties through a new DDP. The
Town's program operated from February 15t through March 31, 2020 and the participants were
successful in removing 20 deer.
2021: In 2021, the Town dropped two properties used in the past, but added 5 new locations for
a total of nine locations as part of a new DDP. The Town's program operated from February 15t
through March 315t and the participants were successful in killing 42 deer (30 female, 9 male, 3
not recovered). 2021 saw a significant increase in the number of properties used, the number of
trips by the participants, and the number of deer killed.
The Town did not receive any complaints from the public or have any significant issues during the
two -month active period. The only minor issue was damage done to one of the tree stands and
we were able to quickly order and install replacement parts. The local NYSDEC Environmental
Conservation Officer reported to me that he did not receive any public calls or reports.
Out of the 42 deer killed this year, 12 of the deer were donated by the participants. Eight of the
deer were donated through the Venison Donation Coalition (http://venisondonation.com/) and
will go to the local food bank. A couple of the participants also donated four deer to soldiers at
Fort Drum. I am hoping to receive the exact amount of meat donated this year soon and will let
the Board know that total.
Properties and Deer Killed in the Town of Ithaca
Tax Parcel / Location
# Deer Killed
2019
# Deer Killed
2020
# Deer Killed
2021
16.-2-5 (Lake View Cemetery)
1
0
X
28.-2-6.302 (Mecklenburg Rd)
0
1
1
28.-1-20.2 (Mecklenburg Rd)
0
0
X
55.-1-1 (City — Coddington)
X
2
0
55.4-1 (City —Juniper)
X
12
9
31.4-3.12 (Coy Glen Rd)
X
5
2
55.4-1 (City — Slaterville)
X
X
5
35.4-5.1 (Sweedler Preserve)
X
X
1
24.-4-14.25 (Conifer —Overlook)
X
X
1
27.-1-13.122 (Conifer— Linderman)
X
X
5
51.4-3.1 (Coddington Rd)
X
X
18
Total
1
20
42
Future Recommendations: It is anticipated that the Town will operate the program in 2022 and
continue to slowly expand it to more properties. It is recommended that the Town stop using
one of the properties (Mecklenburg Rd / 28.-2-6.302) that has not been very active over the past
three years. It is also anticipated that the feeders and tree stands be shifted on a couple of the
properties based on the deer activity and participants observations this year. The Town should
seek a couple additional properties for the 2022 program in areas of Town that do not currently
have a location.
May 24t": I can provide a quick recap of the 2021 Town deer management season and answer
question at the May 241" meeting. We have also invited Michael Roberts (Town Conservation
Board member and manager of Cornell Botanic Gardens deer management program) and Bernd
Blossey (Cornell researcher and manages several of the other local deer management programs)
to answer questions about the programs they manage or about deer management in general.
The following page shows examples of the deer at feeders at four of the locations used this year.
Attached is a copy of the map showing the properties we used this year and the number of deer
killed at each location.
City - Juniper Location
Conifer— Linderman Location
City - Slaterville Location
Coddington Rd Location
NYSDEC Deer Damage Permit Application
Parcels where Activities will Occur - 2021
Town of Ithaca
April 1, 2021
N
`y OF IT
Miles o�
W 0 0.5 1 2
y��e V p4y.
Deer Management Area Boundary (+/- 1.5 Miles from the City Boundary)
Deer Management Parcels for 2021
Map Prepared by Town of Ithaca Planning Department
Data from Tompkins County GIS Division and Town of Ithaca Planning Department
Aerial Image Taken Spring 2018
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Item 4 con't
Sample Local Opting out of Adult Use Cannabis Retail Dispensaries and On -Site
Consumption Sites
Local Law No of the year 2021
Town of , County of
A local law to opt out of allowing cannabis retail dispensaries and on -site consumption sites
as authorized under Cannabis Law Article 4
Section 1. Legislative Intent
It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on -site cannabis
consumption sites in the Town of that would otherwise be allowed under Cannabis Law
Article 4.
[add more justifications if you like]
Section 2. Authority
This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town board
to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on -site consumption licenses within the jurisdiction of the town
and is subject to a permissive referendum, the procedure of which is governed by Municipal Home
Rule Law § 24.
Section 3. Local Opt -Out
The Town Board of the Town of hereby opts out of allowing cannabis retail
dispensaries and on -site cannabis consumption sites from being established and operated within the
town's jurisdiction.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to
any person, firm or corporation, or circumstance, shall be adjusted by any court of competent
jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm
or corporation or circumstance, directly involved in the controversy in which such judgment or order
shall be rendered.
Section 5. Permissive Referendum/Referendum on Petition
This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the
procedure outlined in Municipal Home Rule Law � 24.
Section 5. Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
TB Resolution 2021 — : Set a public hearing retarding a noise permit for weekly
entertainment events at Ithaca Beer Co. through September 2021
Whereas Ithaca Beer submitted a noise permit application for their weekly music series held on
Wednesdays evenings beginning in June and running through September, from 6pm-8pm, now
therefore be it
Resolved, that the Town Board will hold a public hearing on at their meeting on Monday, June
14, 2021 which begins at 5:30 p.m. to hear all interested parties regarding issuing a noise permit
to Ithaca Beer Co. for the summer music series.
Moved: Seconded:
Vote: ayes —
TOWN OF ITHACA
1.15 N. Tioga Street, Ithaca, N.Y. 14850
www. town. ithaca. ny. us
"aulette Rosa, Town Clerk Phone: (607) 273A721
j)rosa6.town.ithaca.ny,us Fax: (607) 273-5854 Nemd
For must be submitted to the Town Clerk's Office, vvith $50 payrnent, at least 21 days in advance of the event.
NAME/ORGANIZATION- P ......... ......... -""
PERSON(S) RESPONSIBLE FOR EVENT:
PHONE NUMBER: '0'111
ALTERNATE PHONE 14 708
........... . . . ...................
EMAIL: w i, usei'. 1 Cr F5 6-"Z5PZ C, 0AA
LOCATION OF EVENT:
DATE/TIME/DURATION OF EVENT: ft#4%0AL�t') 0
ESTIMATED ATTENDANCE:
REASON/DESCRIPTION OF EVENT: Q_C)6�
U A
PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example — amplified
music or speakers, cheering, non -amplified instruments)
AMDL420 l"AOSiL :E(]OiA LIVE �2Mdl%
q
Jill �, 1111 Jill I iiiiiiiii illill
DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses
amplification and cannot be heard sufficiently without it) 2Z,,�01 use-5
I— I
SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS:
F19RUPTAKM
• niac iii i iiiii 11, r
21
3utAm-cr- ;(- S e- 6-, es ( r bc _JlAz.- -5-1-r-oc,4,urt. CIS
0(e ve-or'.s iloere 0412ro VcOej/.
IF USE OF A TENT IS ANTICIPATED,
PLEASE LIST NUMBER AND SIZE(S): K)o 4-e-04-
(a separate permit may be, required)
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.
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, Q)
The undersigned applicant affirms that the foregoing information is true, complete and correct:
Signature of Ap
Date of public hearing:
Permit issued on:
Sheriff Notified:
Special conditions:
Rev April 2017
Ithaca Beer Co.
Summer Music Series 2021
Day of Week
Wednesday
Wednesdav
Wednesday
Wedn esday
JE
Wednesday_
.6 . U.
MEMO
Wednesday
Wednesda
Wednesday
Wednesday
Wednesday
Mkif wf�-
Wednesday
— ---------- Wednesday ----------
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out
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MEETING OF THE ITHACA TOWN BOARD
Monday, May 24, 2021
TB Resolution 2021— Oxx: Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following
Consent Agenda items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Revised Covid Response Policy
d. Approval of Promotional Appointment Admin Asst. II - Codes
e. Approval of Promotional Appointment Working Supervisor - PW
Moved: Seconded:
Vote: ayes —
TB Resolution 2021 - a: Approval of Minutes
TB Resolution No. 2021 - b: Town of Ithaca Abstract No. 10 for FY-2021
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. 574 - 640
General Fund Town Wide
21,672.03
General Fund Part -Town
7,504.03
Highway Fund Town Wide DA
2,239.41
Highway Fund Part Town DB
18,895.99
Water Fund
21,953.03
Sewer Fund
7,597.48
Gateway Trail — H8
PWF Renovations Project — H22
Risk Retention Fund
81.00
Fire Protection Fund
280,000.00
Forest Home Lighting District
43.87
Glenside Lighting District
13.12
Renwick Heights Lighting District
21.86
Eastwood Commons Lighting District
30.66
Clover Lane Lighting District
4.09
Winner's Circle Lighting District
6.13
Burlei h Drive Lighting District
14.31
West Haven Road Lighting District
55.75
Coddin ton Road Lighting District
32.99
Trust and Agency
Debt Service
TOTAL
360,165.75
TB Resolution 2021- c: Approval of Revised COVID Response Policy
Whereas, the Town Board on November 20, 2021 approved the COVID Response Policy; and
Whereas, effective May 19, 2021 NYS modified mask requirements for those vaccinated; and
Whereas, the Personnel and Organization committee reviewed the Revised COVID Response
Policy and recommends the Town Board adopts the Revised COVID Response Policy; now,
therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the Revised COVID
Response Policy.
TB Resolution 2021— d: Promotional Appointment to Administrative Assistant 11
Whereas, Christopher Torres has taken the Administrative Assistant II promotional exam and is a
reachable candidate; and
Whereas, the Director of Code Enforcement recommends promoting Christopher Torres, to the
Administrative Assistant H position, effective May 10, 2021; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby promotionally appoint Christopher
Torres, to the Administrative Assistant II position, effective May 10, 2021; and be it further
Resolved, this is a 37.5 hour a week position, at the hourly wage of $25.39, in Job Classification
"B", with no change in benefits; and be it further
Resolved, if the said successfully complete the minimum eight (8) week probationary period there
will be no further action required by the Town Board.
TB Resolution 2021 — e: Ratify Promotional Appointment to Working Supervisor
Whereas, there is a vacant Working Supervisor position due to a retirement; and
Whereas, the Director of Public Works / Highway Superintendent has determined through
interviews and evaluation that Equipment Operator, possess the
necessary knowledge, skills and ability to satisfactorily perform the duties of the Working
Supervisor position; and
Whereas, the C Highway Superintendent is promotionally appointing , to
the Working Supervisor position, effective ; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify the Director of Public Works /
Highway Superintendent's regular promotional appointment of , as full time
Working Supervisor for the Public Works Department, effective ; and be it
further
Resolved, this is a 40 hour a week position, at the hourly wage of $30.97, which is an estimated
annual salary of $64,417, in Job Classification "V", with full time benefits; and be it further
Resolved, if the said successfully complete the mandatory eight (8) week probationary period there
will be no further action required by the Town Board.
MEETING OF THE ITHACA TOWN BOARD
Monday, April 12, 2021
Due to the Governor's Executive Orders suspending certain aspects of the Open Meetings Law
to protect health and safety, the meeting was held via video conferencing
MINUTES
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Tee -Ann Hunter, Pat Leary and Pamela Bleiwas
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources;
Marty Moseley, Director of Code Enforcement; Susan Ritter, Director of Planning; Paulette
Rosa, Town Clerk; Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and
Dan Thaete, Director of Engineering
1. Special Bicentennial Reenactment of Historical Town Board Meeting — YouTube Live
Began regular board meeting via Zoom with full participation available at 6:09 p.m.
2. Persons to be heard and Board Comments — There was no one wishing to address the
Board.
3. Consider authorization for the Supervisor to sign an agreement with Planeteria Media
for website design and maintenance
Mr. Howe gave an overview of the process taken to solicit, review and interview companies.
Mr. DePaolo asked for the proposal from Planetaria.
TB Resolution 2021- 042: Authorization for the Supervisor to sign an agreement with
Planetaria Media for website design, development, and initial hosting
Whereas the Town developed and advertised a Request for Proposals (RFP) for the design,
development and initial hosting of our current website and received over 30 responses, and
Whereas the Management Team interviewed six proposals and reinterviewed three finalists, and
Whereas the Management Team and Town Supervisor discussed the presentations and
determined that Planetaria Media best suited the Town's goals and needs for a new website, and
Whereas the Supervisor and Information Technology Department negotiated a contract based on
the deliverables in the RFP, and
Whereas Management Team hereby recommends the approval of the contract to the Town
TB 2021-04-12 Pg. 1
Board, now therefore be it
Resolved that the Town Board hereby authorizes the Supervisor to execute the contract with
Planetaria Media for the design, development, and initial hosting of the Town of Ithaca Website,
subject to approval by the Attorney for the Town.
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes — Levine, Bleiwas, Goodman, Leary, DePaolo and
4. Consider authorization for the Supervisor to sign an agreement with the United States
Postal Service for rental of space
Mr. Howe reported that the lease is for an initial 5-year term with the option for two addition 5-
year terms. He added that he is very happy to have gotten this done and our ability to negotiate
and keep the Post Office downtown.
TB Resolution 2021 - 043: Authorization for Supervisor to sign a Lease Agreement with
the United States Postal Service on behalf of the Town of Ithaca
Whereas, the Lease between the Town of Ithaca and the USPS dated September 28, 1998 expired
on June 29, 2019; and
Whereas an extension of terms was agreed upon and signed in June 2019 and will expire in June
2021, and
Whereas the Town, its Counsel and the USPS have negotiated, reviewed and agreed upon terms
for a new lease which will be filed with the Town Clerk's Office, now therefore be it
Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Lease
Agreement on behalf of the Town of Ithaca with the United States Postal Service for its
Downtown Station located at 213 Tioga Street, Ithaca, NY.
Moved: Eric Levine Seconded: Rod Howe
Vote: ayes — Levine, Howe, DePaolo, Leary, Goodman and Bleiwas
5. Consider setting a public hearing regarding a local law amending Chapter 271 of the
Town of Ithaca Code title "Zoning: Special Land Use Districts" to revises uses and
other requirements in the Chamber of Commerce Planned Development Zone
Mr. Howe noted that this has gone through the Planning Committee and has been recommended
to the Board to move forward.
TB Resolution 2021 - 044: Setting a public hearing regarding "A Local Law Amending
Chapter 271 of the Town of Ithaca Code Titled "Zoning: Special Land Use Districts" To
Revise Uses and Other Requirements in Chamber of Commerce Planned Development
Zone"
TB 2021-04-12 Pg. 2
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May 10, 2021
at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law
Amending Chapter 271 of the Town of Ithaca Code Titled "Zoning: Special Land Use Districts"
To Revise Uses and Other Requirements in Chamber of Commerce Planned Development Zone"
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — DePaolo, Bleiwas, Howe, Goodman, Levine and Leary
6. Consider setting a public hearing regarding a proposed local law authorizing the Town
to enter into an agreement with Tompkins County regarding participating in the
Community Housing Development Fund Program and associated funding
Mr. Howe noted that the final contract is under review by counsel but will be available shortly.
TB Resolution 2021 - 045: Setting a public hearing regarding a local law entitled "A Local
Law to execute with Tompkins County an Agency Agreement to implement the
Community Housing Development Fund Program and to make a payment into the
Community Housing Development Fund"
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May10, 2021
at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law to
execute with Tompkins County an Agency Agreement to implement the Community Housing
Development Fund Program and to make a payment into the Community Housing Development
Fund" at which time all persons interested in the proposed local law shall be heard.
Moved: Pat Leary Seconded: Rod Howe
Vote: ayes — Leary, Howe, Goodman, DePaolo, Bleiwas and Levine
7. Consider setting a public hearing regarding a noise permit application for Firelight
Camps seasonal events
There were no comments from the Board.
TB Resolution 2021 - 046: Setting a public hearing regarding a proposed Noise Permit for
LaTourelle and Firelight Camps seasonal events
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on May10, 2021
at 5:30 p.m. to hear all interested parties on the request for a Noise Permit submitted by
LaTourelle and Firelight Camps for Seasonal Events.
Moved: Pamela Bleiwas Seconded: Pat Leary
Vote: ayes — Bleiwas, Leary, Levine, DePaolo, Goodman and Howe
8. Consider authorization for the Supervisor to sign easements associated with the King
Rd E Water Main Extension Project
TB 2021-04-12 Pg. 3
Mr. Howe noted that this is the last item needed to complete the pre -work to go out to bid on this
project.
TB Resolution 2021- 048: Approval of and authorization to execute water easements
associated with the Kind Road East Water Main Extension Water Improvement Project
Whereas, pursuant to a resolution dated February 8, 2021, The Town of Ithaca Town Board has
determined it to be in the public interest to establish the Town of Ithaca King Road East Water
Main Extension Water Improvement Project, and
Whereas, the Town of Ithaca owns and maintains and plans to install municipal water
infrastructure, as part of the improvement project, on portions of property located along King
Road East, Troy Road, and Eldridge Circle that serves or facilitates the provision of municipal
water, and
Whereas, the proposed municipal water easements generally lie within the rights -of -way along
King Road East, Troy Road, and Eldridge Circle, now therefore be it
Resolved, that the Town Board of the Town of Ithaca approves the proposed Permanent Water
Easements and Rights -of -Way and authorizes the Town Supervisor to execute these documents,
subject to the approval of the Attorney for the Town.
Moved: Pamela Bleiwas Seconded: Pat Leary
Vote: ayes — Bleiwas, Leary, DePaolo, Goodman, Howe and Levine
9. Consider adoption of a bond resolution for the King Road East Water Main Extension
Water Improvement Area Improvements
TB Resolution 2021 - 047: BOND RESOLUTION - In the Matter of the Town of Ithaca
King Road East Water Main Extension Water Improvement Area Improvements, in the
Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local
Finance Law.
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held
at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 12th day of April
2021, at 5:30 o'clock P.M., Prevailing Time.
The meeting was called to order by Supervisor Rod Howe, and upon roll being called, there were
Present: Rod Howe, Supervisor; Members Rich DePaolo, Pat Leary, Pamela Bleiwas, Eric Levine
and Bill Goodman. ABSENT: Tee -Ann Hunter
Moved by Pat Leary, seconded by Rich DePaolo.
BOND RESOLUTION:
A RESOLUTION AUTHORIZING $1,050,000 IN SERIAL BONDS TO BE ISSUED
BY THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE
TB 2021-04-12 Pg. 4
COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA
KING ROAD EAST WATER MAIN EXTENSION WATER IMPROVEMENT
AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK.
WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the
provisions of Article 12-C of the Town Law, and more particularly a resolution dated February
8, 2021, said Town Board has determined it to be in the public interest to establish the Town of
Ithaca King Road East Water Main Extension Water Improvement Area (the "Area") and to
make certain improvements (the "Improvement") therefore at a maximum estimated cost of
$1,050,000; and
WHEREAS, said improvements have been determined to be an Unlisted Action pursuant to the
regulations of the New York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act, which it has been determined will not
result in any significant adverse environmental effects; and
WHEREAS, it is now desired to provide funding for such improvements for said Area; now
therefore be it
RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying the cost of water system
improvements, for the Town of Ithaca King Road East Water Main Extension Water
Improvement Area consisting of the construction of approximately 2,175 LF of 8" and 10"
ductile iron water main and installation of two (2) pressure reducing valves and precast
structure(s) along King Road East, construction of approximately 1,610 LF of 8" ductile iron
water main along Troy Road, and associated appurtenances and other related ancillary
facilities, furnishings, incidental improvements and expenses in connection therewith, at a
maximum estimated cost of $1,050,000 there are hereby authorized to be issued $1,050,000
serial bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum cost of said specific object or purpose
is $1,050,000, with the plan for the financing of said specific object or purpose is by the
issuance of the $1,050,000 serial bonds of said Town authorized to be issued to this bond
resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section
11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity
of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged to the payment of the principal of and interest on such bonds as
the same respectively become due and payable. There shall be annually apportioned and
assessed upon the several lots and parcels of land within said Town of Ithaca King Road East
TB 2021-04-12 Pg. 5
Water Main Extension Water Improvement Area which the Town Board shall determine and
specify to be especially benefited by the improvements, an amount sufficient to pay the
principal and interest on said bonds as the same become due, but if not paid from such
source, all the taxable real property in said Town shall be subject to the levy of ad valorem
taxes without limitation as to rate or amount sufficient to pay the principal of and interest on
said bonds as the same shall become due.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes, is hereby delegated to the
Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best
for the interests of said Town, including, but not limited to the power to sell said bonds to the
New York State Environmental Facilities Corporation; provided, however, that in the
exercise of these delegated powers, he or she shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such
bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual debt
service and all matter related thereto, prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the recording of ownership of said
bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in the name of the Town by the
facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal
agent or of a designated official of the Town), the date, denominations, maturities and
interest payment dates, place or places of payment, and also including the consolidation with
other issues, shall be determined by the Supervisor. It is hereby determined that it is to the
financial advantage of the Town not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local
Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall
contain substantially the recital of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such recitals in addition to
those required by section 52.00 of the Local Finance Law, as the Town shall determine.
Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to
execute an application, a project financing and/or loan agreement, and any other agreements
with the New York State Department of Health/or the New York State Environmental
Facilities Corporation, including amendments thereto, and including any instruments (or
TB 2021-04-12 Pg. 6
amendments thereto) in the effectuation thereof, in order to effect the financing or
refinancing of the specific object or purpose described in Section 1 hereof, or a portion
thereof, by a serial bond or note issue of said Town in the event of the sale of same to the
New York State Environmental Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities
Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the
Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed
by said Town Supervisor consistent with the provisions of the Local Finance Law
Section 10. The intent of this resolution is to give the Supervisor sufficient authority to
execute those agreements, instruments or to do any similar acts necessary to effect the
issuance of the aforesaid serial bonds or notes without resorting to further action of this
Town Board.
Section 11. The validity of such bonds and bond anticipation notes may be contested only i£
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 12. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 13. This resolution which takes effect immediately shall be published in summary
form in the official newspaper, together with a notice of the Town Clerk in substantially the
form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows: Levine, aye; Bleiwas, aye; Howe, aye; Goodman, aye; DePaolo, aye;
and Leary, aye.
The resolution was thereupon declared duly adopted.
10. Consider Consent Agenda
TB Resolution 2021 - 049: Adopt Consent Agenda
TB 2021-04-12 Pg. 7
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. Approval of Town of Ithaca Abstract
c. Bolton Point Abstract
d. NYS Work Hours for Elected Officials - Klein
e. Ratify appointment — Consortium
f. Ratify Public Works promotional appointment of a Heavy Equipment Operator
g. Appointment — Ag Committee
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes — Levine, Bleiwas, Howe, Goodman, DePaolo and Leary
TB Resolution 2021 - 049a: Approval of Minutes
Resolved, that the Town Board hereby approves the minutes of March 8 and 22, 2021 with any
non -substantial corrections suggested by the Board having been made.
TB Resolution 2021 - 049b: Town of Ithaca Abstract No. 7 for FY-2021
Whereas the following numbered vouchers have been presented to the Ithaca Town Board for
audit and approval of payment; now therefore be it
Resolved that the Town Board hereby authorizes payment of said vouchers for the amounts
indicated:
VOUCHER NOS. 357 - 446
General Fund Town Wide
59,658.37
General Fund Part -Town
66,652.23
Highway Fund Town Wide DA
4,884.88
Highway Fund Part Town DB
24,369.17
Water Fund
28,635.88
Sewer Fund
317,999.71
Gateway Trail — H8
1,535.83
PWF Renovations Project — H22
2,727.88
Risk Retention Fund
1,529.81
Fire Protection Fund
320,801.30
Forest Home Lighting District
563.34
Glenside Lighting District
70.99
Renwick Heights Lighting District
84.02
Eastwood Commons Lighting District
180.77
Clover Lane Lighting District
20.99
Winner's Circle Lighting District
70.56
Burlei h Drive Lighting District
71.14
TB 2021-04-12 Pg. 8
West Haven Road Lighting District
213.77
Coddin ton Road Lighting District
127.93
Trust and Agency
30,436.00
Debt Service
284.46
TOTAL
860,919.03
TB Resolution 2021- 049c: Bolton Point Abstract
Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water
Commission were presented and audited by the governing Town Board for payment; now,
therefore, be it
Resolved, that the governing Town Board hereby authorizes the payment of said vouchers.
Voucher Numbers: 107-159
Check Numbers: 19541-19593
Capital Impr/Repl Project
Operating Fund
TOTAL
Less Prepaid
TOTAL
$ 177,240.66
$ 58,864.21
$ 236,104.87
$ 26,669.65
$ 209,435.22
TB Resolution 2021- 049d: Establishment of NY State and Local Retirement Systems
Standard Workday
Whereas, New York State and Local Retirement Systems requires municipalities to set a
standard workday to report all employees participating in the New York Retirement System; and
Whereas, the Town last updated the list to the retirement system was in May 2020; now,
therefore, be it
Resolved, the Town Board of the Town of Ithaca, location code 30222, does hereby set the
following standard workday for the following classifications as required by the NY State and
Local Employees' Retirement System for the Town of Ithaca based on a time keeping system
or records of activity maintained and submitted by these members:
Five days a week, six hours a day:
Town Supervisor Members of Planning Board
Councilperson Members of Zoning Board of Appeals
Justices
Crossing Guards.
7.5 hours per day, 5 days a week
8 hours per day, 5 days a week
Network/Records Specialist
Highway Superintendent
Senior Planner
Director of Planning
TB 2021-04-12 Pg. 9
Environmental Planner
Director of Code Enforcement
Planner
Director of Engineering
Deputy Finance Officer
Finance Officer
First Deputy Town Clerk
Town Clerk
Principal Account Clerk Typist
Human Resources Manager
Bookkeeper to the Supervisor
Senior Civil Engineer
Court Clerk
Civil Engineer
Secretary
Senior En ineering Technician
Senior Account Clerk Typist
En ineering Technician I
Deputy Town Clerk
ighway Superintendent
Senior Typist
Parks Maintenance Manager
Keyboard Specialist
Water/Sewer Maintenance Supervisor
Typist
WorkingSu ervisor
Account Clerk Typist
Senior Heavy Equipment Mechanic
Administrative Assistant I (TH)
Heavy E ui ment Mechanic
Administrative Assistant II TH
Heavy E ui ment Operator
Administrative Assistant III (TH)
Maintenance Worker
Administrative Assistant IV (TH)
Motor Equipment Operator
Project Assistant
Automotive Mechanic Assistant
Planning Intern
Laborer
Information Aide TH
Sr. Code Enforcement Officer
Code Enforcement Officer
Electrical / Code Enforcement Officer
Ke board Specialist (PWF)
Account Clerk Typist (PWF)
Administrative Assistant I (PWF)
Administrative Assistant II (PWF)
Administrative Assistant III PWF
Administrative Assistant IV (PWF)
GIS Analyst
Network Specialist
Resolved, that the Town Board of the Town of Ithaca does hereby set the following standard
work day for the following classifications as required by the NY State and Local Retirement
System for Southern Cayuga Lake Intermunicipal Water Commission:
Five days a week, eight hours a day:
General Manager
Finance Manager
Assistant Production Manager
Production Manager
Assistant Distribution Manager
Distribution Manager
Water Treatment Plant Operator Assistant
Water Treatment Plant Operator
Electrical & Mechanical Technician
Sr. Water Maintenance Specialist
Distribution Operator
Water Maintenance Specialist
Distribution Operator Assistant
GIS/IT Specialist
Principal Account Clerk Typist
Account Clerk Typist
TB 2021-04-12 Pg. 10
Administrative Assistant I, II, III and IV Senior Account Clerk Typist
Resolved, that the Town Board of the Town of Ithaca does hereby set the following standard
workday for the following classifications as required by the NY State and Local Retirement
System for Greater Tompkins County Municipal Health Insurance Consortium:
Executive Director
Clerk of the Board
Five days a week, eight hours a day:
Finance Manager
Five days a week, seven- and one-half hours a day:
Administrative/Computer Assistant Benefits Specialist
TB Resolution 2021 - 049e: Ratify Provisional Appointment of Finance Manager at
GTCMHIC.
Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance
Consortium (GTCMHIC), approved the provisional appointment by the Executive Director of
Teri Apalovich to the title of Finance Manager, effective, March 29, 2021; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's appointment
of Teri Apalovich to the title of Finance Manager, effective, March 29, 2021, at the annual salary
of $70,000 with full time benefits.
TB Resolution 2021— 049f. Ratify Promotional Appointment to Heavy Equipment Operator
Whereas, there is a vacant Heavy Equipment Operator position due to promotion; and
Whereas, the Highway Superintendent has determined through interviews and evaluation that
Anthony Inman, Motor Equipment Operator, possess the necessary knowledge, skills, and ability
to satisfactorily perform the duties of the Heavy Equipment Operator position; and
Whereas, the Highway Superintendent is promotionally appointing Anthony Inman, to the Heavy
Equipment Operator position, effective March 28, 2021; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway
Superintendent's regular promotional appointment of Anthony Inman, as full time Heavy
Equipment Operator for the Public Works Department, effective March 28, 2021; and be it
further
Resolved, this is a 40-hours a week position, at the hourly wage of $28.67, which is an estimated
annual salary of $59,634, in Job Classification "IV", with full time benefits; and be it further
Resolved, if the said successfully complete the mandatory eight (8) week probationary period
there will be no further action required by the Town Board.
TB 2021-04-12 Pg. 11
TB Resolution 2021- 049g: Appointments of the Agriculture Committee Chair and Vice -
Chair for 2021
Resolved, that the Town Board hereby appoints Matthew Stalker (A.J. Teeter Farm) as
Agriculture Committee Chair for 2021;
Resolved, that the Town Board hereby appoints Ariel Casper (Casper's Farm) as Agriculture
Committee Vice -Chair for 2021.
11. Report of Town Officials and Committees
Lengthy discussion on basketball hoops that were put back up in some town parks after
consultation with the Supervisor and the TC Health Department. Some members though it
should have been discussed at the full Board level. The discussion will continue at the Public
Works Committee and the majority of the members present stated they should remain.
Mr. Howe thanked Bill Goodman for the Reenactment and all the work he did.
12. Review of Correspondence
Mr. Goodman noted that he received correspondence from attendees of the Short Term Rental
Committee requesting a full, town -wide survey similar to the one done for the Lakefront
residential.
He reported that the Committee is not in favor of doing this and they think we have heard from a
mix of people on the topic, and it would delay the process. The Board agreed that no additional
survey is needed.
Executive Session
Motion made at 6:27 p.m. by Bill Goodman to enter executive session to discuss the personnel
history of a particular person, seconded by Rd Howe, unanimous.
Motion made at 6:39 p.m. to reenter open session by Eric Levine, seconded by Rich DePaolo,
unanimous.
Adjournment
Meeting was adjourned upon a motion by Mr. Howe, seconded by Mr. Goodman at 6:40 p.m.;
unanimous.
Submitted by
Paulette Rosa, Town Clerk
TB 2021-04-12 Pg. 12
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