HomeMy WebLinkAboutTB Minutes 2021-07-12 MEETING OF THE ITHACA TOWN BOARD
Monday, July 12, 2021
5:30 p.m.
Meetings are now open to the public at Town Hall and will also be broadcast via YouTubeLive
and ZOOM (ID 989 109 5241) for those wishing to speak.
12212h..e Link. Z.22.m L!E.k.,
AGENDA
1. Call to order and Pledge of Allegiance
2. Persons to be heard and Board Comments
3. Cayuga Height Fire Department Chief's Report
4. Public Hearing regarding Noise Permit applications for Agava and RaNic twice-weekly
music series:
a. Agava Consider permit
b. Ranic/Parrilla Consider permit
5. Public Hearing regarding a proposed local law to override the tax levy limit established in
General Municipal Law §3-c, for the fiscal year 2022
a. Consider Adoption
6. Public hearing regarding a proposed local law entitled"Amending Zoning Chapter 271 of
the Town of Ithaca Code, titled"Zoning: Special Land Use Districts", to modify and
expand the permitted uses in Planned Development Zone No. 12 (South Hill Business
Campus)"
a. SEQR
b. Consider Adoption
7. Discuss and consider authorization for the Supervisor to sign a stormwater maintenance
and operation agreement and related easements for Namgyal Monastery HHDL Library
Proj ect
8. Discuss and consider setting a public hearing regarding a public hearing for the acquisition
of real property/easements associate with the Forest Home Walkway Improvement project—
Subject to Permissive Referendum
9. Discuss and consider approval to apply for a grant for the Culver Road Preserve—
Babcock Ridge Trail and Site Enhancement Project
a. SEQR
b. Approval to apply
10. Discuss and consider authorization to sponsor, apply and pre-fund a grant for a Town
project on a Six Mile Creek tributary, through the Intermunicipal Watershed Organization
11. Discuss and consider participation in the Finger Lakes Energy Compact
12. Discuss and consider approval of a Town of Ithaca Fund Balance Policy
13. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Ratify appointment of Benefits Specialist—Consortium
14. Report of Town Officials
15. Review of Correspondence
16. Adjournment
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,Tompkins
County, New York; that the following notice has been duly posted on the sign board of the Town
Clerk of the Town of Ithaca and the notice has been duly published in the of newspaper,
Ithaca Journal:
NOTICE OF PUBLIC HEARING
• Noise Permit—Agava Town of Ithaca
Music Series Notice of Public Hearings
On Monday, July 12, 2021„
• Noise Permit - at h t :30 eir meetinge begIn thinning
at 5 P,m. de
RaNic/Parilla Music Boardroom at 215 N. Tioga
St, and also available via
Series Zoom and YouTube Live,
the Ithaca Town Board will
hold public hearings on
• Proposed LL— two noise permits and two
Override Tax Levy proposed local laws:
1. Agava MUSIC events
Limit twice a week - Details to
come prior to public hear-
• Proposed LL Amend Ing
2. RaNic/Parrlila - dinner,
Zoning Ch 271 Special music twice a week - Def"
i
tails to come prior to publio
hearing
Land Use Districts 3. Pr ip osed local la to
overrIcr. w the tax levy limit
established In General Mu,
mcipal Law§3-c for FY 2021
Location of Sign Board Used for Posting: 4. Proposed local law enti,
tied "Amending Zoning
Town Clerk's Office Chapter 271 of the Town of
Ithaca Code, titled ""Zoning:
215 North Tioga Street Special Land Use Districts",
to Madi�f and Expand the
Ithaca, NY 14850 Permitte Uses In Planned
Development Zone No. 12
(South Hill Business
campus)"
Town website at www,town.ithaca ny-us Details on both noise per
mits will be posted on the
town website under Quick
News and Public Notices no
Date of Pos g: July 3, 2021 later than July Gth.
to of ation: Jul rd,2021 Details on the proposed lo
cal laws will be posted on
the town website under
Public Notices no later than
July 2nd.
We encoura?e residents
I
aulette Rosa whop wo So uld I ke to address
Board 3rd but do not wish
Town Clerk to attend In person to via Zoom and then swi '"toch
to YouTubeUve after
STATE OF NEW YORK) speaking.
Comments can also e sent
COUNTY OF TOMPKINS) SS® to the Town Clerk atb townc
TOWN OF ITHACA) lerk*town'Ithaca.ny.us
Paulette Rosa
Town Clerk
Sworn to and subscribed before me this 6 Ih 7/3/2021
day of July 202 1.
*Notary 1%)ui
BECKY L. JORDAN
NOTARY PUBLIC-STATE OF NEW YORK
No, OIJ06166381
Qualified In Tompkins COU"tV
my commission Implies Apill 28, 202y5
MEETING OF THE ITHACA TOWN BOARD
Monday, July 12, 2021
Meetings are now open to the public at Town Hall and will also be broadcast via YouTubeLive
and ZOOM (ID 989 109 5241) for those wishing to speak.
Minutes
1. Call to order and Pledge of Allegiance
2. Persons to be heard and Board Comments
Andrew Molina spoke to the Board regarding 5G and looking into fiber optics as an alternative.
Mr. Howe responded that Codes and Ordinances is still working through changes to our
telecommunications law and they are aware of the concerns, but we are not considering fiber
optics.
3. Cayuga Height Fire Department Chief s Report—Chief Tamborelli
Chief Tamborelli gave an overview of the Station's activities saying last month was the busiest
month he has ever seen, mainly due to weather and split evenly between the Town and the
Village.
We have dealt well through the COVID pandemic and once vaccinations were available, we
become 100%vaccinated within months.
The Station has been pretty much closed due to the pandemic, but we look forward to having our
movie nights again next year.
The ladder truck is delayed, and we are looking at November for a delivery date. We are leasing
our truck that we had sold in anticipation of the new truck, at no cost to the town or village.
Some interaction with Town Staff, a fire in the town and a property maintenance issue as well as
Bolton Point and water supply/hydrants.
Been a crazy year, but we have worked through it all.
Mr. Howe asked if the bunker has always been successful.
Chief Tamborelli said it has always been successful. People trade a commitment of 3 days of
emergency services in exchange for rent. All participants are EMTS and/or Interior Firefighters
and they are the backbone of our response. He said we are very, very lucky to have them.
There were no questions from the Board and the Chief offered a tour at any time.
TB 2021-07-12 (filed 7/16) Pg. 1
4. Public Hearing regarding Noise Permit applications for Agava and RaNic twice-weekly
music series:
Agava Music Series
Mr. Howe Opened at the public hearing at 5:42 p.m. There was no one wishing to address the
Board and the hearing was closed.
Mr. DePaolo asked if the Board has authority to revoke a permit and how much notice needs to
be given etc.
Mr. Moseley responded that 184-12g allows for revocation of a noise permit and lists the
reasons. The Town Board, in its sole discretion, has the authority to revoke a permit.
TB Resolution 2021 —089: Noise permit for Agava Music Series
Whereas, the Town Board held a public hearing on July 12, 2021, regarding a noise permit
application for a Music Series received by Agava restaurant to hear all interested persons, and
Whereas the Board weighed such factors as: The intensity, duration, zoning district and time of
day of the proposed Music Series as well as the proximity of sleeping facilities and whether the
noise is usual or unusual in nature as detailed in Town Code, Chapter 184, now therefore be it
Resolved that the Town Board grants a noise permit to the Agava restaurant for the purpose of
entertaining guests at their location of 381 Pine Tree Rd. and adjacent field, on Tuesdays and
Fridays from 6:00 pm— 8:00 pm through September 2021, with the following
Conditions: None
And with the following
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music series is
necessary for a valid purpose, because music might not be able to conform at all times to the
requirements of Chapter 184, and the area is largely commercial, and
2. The waiver is the minimal intrusion needed, because the amplification is needed to provide
music to the area, and music is limited to 6 p.m. to 8 p.m., twice a week, which hours are within
"daytime hours" as defined by Town Code § 184-4; the entertainment is not unusual in nature as
or duration as it is standard for many hospitality-based businesses to provide musical
entertainment, and
3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the
surrounding neighbors to a peaceable and quiet environment, because the music is for a limited
TB 2021-07-12 (filed 7/16) Pg. 2
amount of time during the early evenings on the specified dates, with the above-listed limitations
in place to minimize the intrusion on the neighbors.
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes—DePaolo, Bleiwas, Hunter, Howe, Levine, and Leary
RaNic/Parrilla
Mr. Howe opened the public hearing at 5:47 p.m.
Bruce Levitt spoke thanking Mr. DePaolo about the revocation because the test date last week
happened inside, and we didn't hear it. So that begs the question of why it can't be inside all the
time and what is the attraction of twice a week.
Scott Witter spoke and said that he lives across the street and although he wasn't here on the 4th,
he did set up his measuring equipment.... Connection lost and moved on while waiting for him
to reconnect.
There was no one else wishing to speak, and Mr. Howe asked Ms. Taylor Brous to address the
earlier questions.
Ms. Taylor Brous responded that the events with music are geared toward outdoor activities such
as barbecuing, and she would be happy to give Mr. Levitt her cell phone number for him to
contact her in case of concerns.
She added that the focus is to get people who seem to be tired of being cooped up inside, outside
and in an atmosphere of community. Families and low key,bigger events would be held inside.
She said the fireworks most likely blew any equipment to measure noise, but that is not a regular
occurrence.
Board comments
Mr. Levine stated that he did attend and while it was well attended, people really wanted to be
outside and even though the band was great, people were not interested in being inside. That
said, even inside, the volume was not excessive, and he said he was able to carry on a
conversation with his group with ease.
Mr. DePaolo said the term"heavy in nature"is subjective and is not enforceable and should be
removed.
He also commented on the timing of events; he understands the applicant wants some flexibility,
but the neighbors don't have the information to comment if they don't know what days of the
week the music will he happening.
TB 2021-07-12 (filed 7/16) Pg. 3
Ms. Taylor Brous responded that she thought, normally the size of the events she is talking about
wouldn't even rise to the level of needing a noise permit and she is doing this for open
communication with the neighborhood, but the bands will depend on budget and who is passing
through the area at any given time. I want to do a family night on a Wednesday, and the Friday
would be more of a happy hour theme with Sunday being a brunch setting.
She said she didn't think the sound would go past the property lines.
Mr. Howe added that the days and times and bands will be on their website.
Ms. Taylor Brous agreed, adding that she is happy to join the neighborhood listsery as well.
Scott Witter rejoined and said that Ms. Taylor Brous just said it isn't going to trigger any
meters, but it is like having someone carry on a conversation in your home. Noise does not
contain itself to the property lines, and this is going to be twice a week. He thought it was
incorrect to say that it wouldn't carry beyond the boundary.
Mr. Witter stated that they are not good neighbors as they have stated because they start their
lawn maintenance at 5:45 a.m. so we hear all their equipment in the morning which gives us less
than 9 hours of sleep.
He thought the request is excessive, and two times a week is a big ask for the neighborhood. He
added that he would be happy to share his recordings with anyone who wants them.
Greg Albrecht and Victoria Zepellin spoke saying they still support the events, and they also
recorded the event on the 2nd and all you hear is birds and wind. He said he believes the request
is for dinner music and they fully support this type of community minded, neighborhood
accessible events.
Mr. Howe closed the public hearing at 6:02 p.m.
Mr. DePaolo spoke to the comments about recordings and decibel meters, saying that the
additive nature of sound is dependent on the noise floor to begin with, and a neighbor could have
someone start up a lawn mower and run it for an hour, hour and a half, and there is nothing they
can do about it. Residential areas have sounds at any number of times,banging on a roof, etc.,
and you may wish it wasn't happening, and in this case, the applicant has expressed a desire to
mitigate the sounds to the extent practicable and we have reserved the right to revisit the
application if it is warranted.
Ms. Leary said that she would like to leave the "heavy"in even though it is subjective,because it
gets to the idea of what we are aiming at.
TB 2021-07-12 (filed 7/16) Pg. 4
Mr. DePaolo proposed a friendly amendment to the draft resolution to remove the "heavy in
nature"which was accepted by the mover and seconder.
Ms. Leary said she does still have concerns because it is a highly residential area and many have
spoken against it. It was also described as community wide, and she asked how crowd control or
attendance will be controlled.
Ms. Taylor Brous responded that the July 2nd required an RSVP, to help with contact tracing, and
we were able to handle all cars in our lot and we had three security guards to monitor that. She
said they worked hard to control the crowd size and actually turned away about 200 cars because
we wanted to control crowd. Attendance is limited by food service for events.
Mr. Howe called the vote.
TB Resolution 2021 —090: Noise permit for Parrilla Music Series
Whereas, the Town Board held a public hearing on July 12, 2021, regarding a noise permit
application for a Music Series received by Parrilla restaurant to hear all interested persons, and
Whereas the Board weighed such factors as: the zoning district, intensity, duration, and time of
day and proximity of sleeping facilities of the proposed Music Series as well as whether the noise
is usual or unusual in nature as detailed in Town Code, Chapter 184, now therefore be it
Resolved that the Town Board grants a noise permit to the Parrilla restaurant for the purpose of a
Music Series to entertain guests at their location of 189 Pleasant Grove Rd., on Wednesday or
Friday evenings from 6 p.m. to 8 p.m. and Sundays I p.m. to 3p.m., not to exceed twice a week,
through September 2021, with the following
Conditions:
1. Speakers will be faced toward the golf course, and
2. Bands are intended to complement dining, not be a concert-type setting, and
with the following
Findings:
1. The waiver from the requirements of Town Code Chapter 184 for the above music
series is necessary for a valid purpose,because music might not be able to conform at all
times to the requirements of Chapter 184, and
2. The waiver is the minimal intrusion needed,because the amplification is needed to
provide music to the area, and music is limited to Wednesday or Friday evenings from 6
p.m. to 8 p.m. and Sundays 1p.m. to 3p.m. not to exceed twice a week, which hours are
within"daytime hours" as defined by Town Code § 184-4; the entertainment is not
unusual in nature or duration as it is standard for many hospitality-based businesses to
provide musical entertainment, and
3. On balance, the need for and benefits of the waiver outweigh the needs and rights of
the surrounding neighbors to a peaceable and quiet environment, because the music is for
TB 2021-07-12 (filed 7/16) Pg. 5
a limited amount of time during the early evenings on the specified dates, with the above-
listed limitations in place to minimize the intrusion on the neighbors, and although the
Board heard both support and opposition to the Series, the weighing of the factors and
common practices/expectations of a business such as Parrilla determined the basis of
allowing a season to provide information and feedback on any future requests.
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes—Levine, Bleiwas, Howe, Hunter and DePaolo nays—Leary
5. Public hearing regarding a proposed local law entitled "Amending Zoning Chapter 271
of the Town of Ithaca Code, titled "Zoning: Special Land Use Districts", to modify and
expand the permitted uses in Planned Development Zone No. 12 (South Hill Business
Campus)"
Mr. Howe opened the public hearing at 6:09 p.m. There was no one wishing to speak and the
hearing was closed.
SEQR
TB Resolution 2021- 091: SEAR: Proposed Local Law No. X of 2021 Amending Zoning
Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to
Modify and Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill
Business Campus)
Whereas, this action is the enactment of a local law amending Chapter 271 of the Town of Ithaca
Code, Titled Zoning: Special Land Use Districts, to modify and expand the permitted uses in
Planned Development Zone No. 12 (South Hill Business Campus); and
Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead
Agency in an environmental review with respect to the enactment of this local law; and
Whereas, the Town Board, at its regular meeting held on July 12, 2021 has reviewed and accepted
as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action,
prepared by the Town Planning staff, now, therefore be it
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law,
6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as
proposed,based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts
2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes—Levine, Bleiwas, Hunter, Howe, Leary and DePaolo
TB 2021-07-12 (filed 7/16) Pg. 6
Adoption
TB Resolution 2021- 092: Adoption of Local Law No. 10 of 2021 Amending Zoning Chapter
271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to Modify and
Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill Business
Campus)
Whereas, Planned Development Zone No. 12 of the Town of Ithaca Code was originally adopted
in 2005 to provide the South Hill Business Campus (SHBC) with a flexible framework to
accommodate a wide range of business activities and uses, and
Whereas, the Town Board in 2015 approved amendments to the PDZ to update the decades old
language and modify and expand the permitted uses at the facility, and
Whereas, the Town Planning Committee at its meeting on May 20, 2021 discussed modifying and
expanding several permitted uses at the SHBC, allowing the facility to continue to evolve and
provide a unique blend of business opportunities, and recommended the proposed PDZ
modifications to the Town Board, and
Whereas, at its meetings on June 14, 2021, the Ithaca Town Board reviewed and discussed the
proposed local law and scheduled a public hearing for July 12, 2021, at 5:30 p.m. to hear all
interested parties on the proposed local law entitled"A Local Law Amending Zoning Chapter 271
of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to_Modify and Expand the
Permitted Uses in Planned Development Zone No. 12 (South Hill Business Campus)"; and
Whereas, notice of said public hearing was duly advertised and the public hearing held on said
date and time and all parties were permitted an opportunity to speak on behalf of or in opposition
to said proposed local law, and
Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for
which the Ithaca Town Board, acting as lead agency, on July 12, 2021, made a negative
determination of environmental significance, and
Whereas, the Town Board finds that the amended and new uses proposed for the PDZ further the
health and welfare of the community and are in accordance with the Comprehensive Plan; now,
therefore, be it
Resolved,that the Town Board of the Town of Ithaca hereby adopts Local Law 10 of 2021 entitled
"A Local Law Amending Zoning Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special
Land Use Districts, To Modify and Expand the Permitted Uses in Planned Development Zone No.
12 (South Hill Business Campus).
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes—DePaolo, Levine, Howe, Leary, Bleiwas and Hunter
TB 2021-07-12 (filed 7/16) Pg. 7
6. Public Hearing regarding a proposed local law to override the tax levy limit established
in General Municipal Law §3-c, for the fiscal year 2022
Mr. Howe noted that this is to allow us the flexibility if needed, and his intent is to stay under the
tax cap.
Mr. Howe opened the public hearing at 6:13 p.m. There was no one wishing to speak and the
hearing was closed.
TB Resolution 2021 -093: Adopting Local Law 11 of 2021 to Override the Tax Levy Limit
Established in General Municipal Law �3-c
Whereas, municipalities of the State of New York are limited in the amount of real property taxes
that may be levied each year under the tax levy limit established in General Municipal Law §3-c,
and
Whereas, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to
override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent
(60%) of the governing body, and
Whereas, at its meeting on June 14, 2021, the Town Board of the Town of Ithaca reviewed and
discussed a proposed local law to override the tax levy limit and adopted a resolution for a public
hearing to be held by said Town on July 12, 2021 at 5:30 p.m. to hear all interested parties on the
proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT
ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C'; and
Whereas, notice of said public hearing was duly advertised, and the public hearing was held on
said date and time, 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
adoption of the proposed local law is a Type II action because it constitutes "routine or continuing
agency administration and management, not including new programs or major reordering of
priorities that may affect the environment," and thus this action is not subject to review under
SEQRA; now, therefore, be it
Resolved,that the Town Board of the Town of Ithaca hereby adopts Local Law 11 of 2021 entitled
"A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL
MUNICIPAL LAW §3-C."
Moved: Eric Levine Seconded: Pat Leary
Vote: ayes—Levine, Leary, DePaolo, Hunter, Howe and Bleiwas
TB 2021-07-12 (filed 7/16) Pg. 8
7. Discuss and consider authorization for the Supervisor to sign a stormwater
maintenance and operation agreement and related easements for Namgyal Monastery
HHDL Library Project
Mr. DePaolo had a question about#5 in the agreement regarding the ability to place a lien on the
property for any repairs we might have to make that the property owner doesn't reimburse us for
because the property is tax-exempt.
Some discussion followed and the phrase "subject to the approval by the attorney for the Town"
was added to the resolution and Ms. Bleiwas noted that the second half of that section gives the
Town authority to take legal action. The Board was satisfied the Town was covered.
TB Resolution 2021 -094: Authorization for Supervisor to sign the Stormwater Operation,
Maintenance, and Reporting Agreement and stormwater related easements associated with
the Final Site Plan Approval and Special Permit for the
Dalai Lama Library & Learning Center
Whereas the Dalai Lama Library& Learning Center Project includes stormwater management
and treatment facilities which necessitates a Stormwater Operation, Maintenance, and Reporting
Agreement, along with associated stormwater easements, between the Namgyal Monastery
Institute of Buddhist Studies and the Town of Ithaca, 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 of the proposed Operation, Maintenance and Reporting Agreement, and the
proposed Permanent Stormwater and Access Easements and Right-of-Way, is a Type lI action
because it constitutes "routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the environment," and
thus this action is not subject to review under SEQRA; now therefore be it
Resolved that the Town Board does hereby authorize the Town Supervisor to sign the
Stormwater Operation, Maintenance, and Reporting Agreement and stormwater easements
associated with the Dalai Lama Library & Learning Center Project, subject to the approval of the
Attorney for the Town.
Moved: Pamela Bleiwas Seconded: Tee-Ann Hunter
Vote: ayes—Bleiwas, Hunter, Howe, DePaolo, Leary and Levine
8. Discuss and consider setting a public hearing regarding a public hearing for the
acquisition of real property/easements associate with the Forest Home Walkway
Improvement project—Subject to Permissive Referendum
There were no questions from the Board.
TB 2021-07-12 (filed 7/16) Pg. 9
TB Resolution 2021 -095: Setting a public hearing regarding acceptance and authorization
to sign Forest Home Walkway easements between the Town of Ithaca and Cornell
University and 200 Forest Home Drive, property owned by William and Caroline Arms
Whereas the Town of Ithaca is considering accepting a trail easement from Cornell University
and William and Caroline Arms on property adjacent to the Forest Home Walkway to allow for
reconstruction and maintaining the current alignment of the Forest Home Walkway, connection
between Warren Road and Forest Home Drive, now therefore be it
Resolved that the Ithaca Town Board will hold a public hearing at their meeting on August 9,
2021,beginning at 5:30 p.m. at Town Hall, 215 North Tioga Street. At such time all person
wishing to speak concerning the approval and acceptance of trail easements as described will be
heard. Approval is subject to Permissive Referendum as required by General Municipal Law
Section 247.
Moved: Tee-Ann Hunter Seconded: Eric Levine
Vote: ayes—Hunter, Levine, Leary, DePaolo, Bleiwas, and Howe
9. Discuss and consider approval to apply for a grant for the Culver Road Preserve—
Babcock Ridge Trail and Site Enhancement Project
SEQR
TB Resolution 2021 -096: SEAR: Design and Construction of the Culver Road Preserve—
Babcock Ridge Trail and Site Enhancement Project
Whereas, this action is the design and construction of passive recreational facilities (parking,
trails, stormwater facilities, gazebo, picnic tables,benches, signage, etc.) on the Babcock Ridge
portion (Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4) of the Culver Road
Preserve, and
Whereas, the Town of Ithaca acquired these parcels (totaling approximately 74 acres) from the
Finger Lakes Land Trust in 2018 and 2019 using funding provided by the NYS Office of Parks,
Recreation and Historic Preservation's Environmental Protection Fund grant program, and
Whereas, the parcels are currently undeveloped and do not contain any amenities to allow the
public to enjoy them, and
Whereas, the Town of Ithaca is applying for funding from NYS Office of Parks, Recreation&
Historic Preservation(OPRHP)under the 2021 Environmental Protection Fund Grants Program
for Parks, Preservation and Heritage to assist in the design and construction costs (75% State
funds), and
Whereas, it has been determined that the above-described action is an Unlisted Action, pursuant
to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code,
TB 2021-07-12 (filed 7/16) Pg. 10
Chapter 148 —Environmental Quality Review, for which the Town of Ithaca Town Board is
acting as Lead Agency in an environmental review with respect to the design and construction
project, and
Whereas, the Town Board, on July 12, 2021,has reviewed and accepted as adequate the Short
Environmental Assessment Form, Parts 1, 2, and 3 prepared by Town staff for this action; now,
therefore, be it
Resolved, that the Ithaca Town Board hereby makes a negative determination of environmental
significance based on the information in the Short EAF Part 1 and for the reasons set forth in the
Short EAF Parts 2 and 3 in accordance with the New York State Environmental Quality Review
Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed
and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes—Levine, Bleiwas, Hunter, Howe, Leary, and DePaolo
Approval to apply
Mr. DePaolo asked about the estimated costs and Ms. Ritter responded that they asked
contractors for estimates for the design portion and Mr. Thaete added that they also used the
numbers from the Gateway trail as a base for the construction portion.
TB Resolution 2021 -097: Authorization to Apply for Funding through the 2021
Environmental Protection Fund Grants Program for Parks, Preservation and Heritage for
design and construction of the Culver Road Preserve—Babcock Ridge Trail and Site
Enhancement Proiect
Whereas, the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) has
announced the availability of funding under the 2021 Environmental Protection Fund Grants
Program for Parks, Preservation and Heritage, which includes categories for design and
construction under the Parks Program, and
Whereas, the maximum assistance allowed toward the cost of the project is $500,000, with a
25% local match required, and
Whereas, the Town of Ithaca is seeking to develop designs and construct passive recreational
facilities (parking, trails, stormwater facilities, gazebo,picnic tables,benches, signage, etc.) on
the Babcock Ridge portion (Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4) of the
Culver Road Preserve, and
Whereas, the Town of Ithaca estimates the total cost of this project to be approximately
$285,200,based on cost estimates provided by two qualified design consultants and the Town of
Ithaca's Engineering, Public Works, and Planning Departments, and
TB 2021-07-12 (filed 7/16) Pg. 11
Whereas, grant applications are due by July 30, 2021; now, therefore,be it
Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby
authorized and directed to file an application for design and construction costs for the Culver
Road Preserve—Babcock Ridge Trail and Site Enhancement project under the 2021
Environmental Protection Fund Grants Program for Parks, Preservation and Heritage in an
amount not to exceed $285,200 ($71,300 Town of Ithaca local share), and upon approval of said
request to enter into and execute a project agreement with OPRHP for such financial assistance
to the Town of Ithaca.
Moved: Eric Levine Seconded: Tee-Ann Hunter
Vote: ayes—Levine, Leary, Hunter, Howe, Bleiwas and DePaolo
10. Discuss and consider authorization to sponsor, apply and pre-fund a grant for a Town
project on a Six Mile Creek tributary, through the Intermunicipal Watershed
Organization
Mr. Howe said this is one of many projects we submitted to the IO for project ideas.
Ms. Hunter added that she wanted to thank Joe Slater and Public Works for submitting the
projects and this one will involve City and County personnel so it has a good intermunicipal
component, this is the planning and design portion,but it is a good beginning.
Mr. Howe thanked her for her work on this.
TB Resolution 2021—098:Authorization for the Town of Ithaca to sponsor a NYS DEC Non-
Agricultural Nonpoint Source Planning Grant Program for Six Mile Creek to be facilitated
by the CWIO Watershed Manager
Whereas the Town is a member of the Cayuga Lake Waterfront Intermunicipal Organization
(CWIO)whose purpose is to help protect and preserve water quality within the Cayuga Lake
watershed, and
Whereas the CWIO is prioritizing a list of 29 projects, which includes a project submitted by
Town of Ithaca personnel, for stormwater remediation and stream restoration work along an
unnamed tributary to Six Mile Creek which causes long-term maintenance challenges to the
Town, henceforth known as Project #6; and
Whereas the prioritization process will not be completed in time to develop a grant application
for the current round of New York State funding through the Consolidated Funding Application;
and
Whereas Ian Smith, CWIO Watershed Manager, is dedicating a portion of his time in 2021 to
assist with the implementation of projects and the development of grant applications; and
TB 2021-07-12 (filed 7/16) Pg. 12
Whereas after reviewing the list of 29 listed projects, Mr. Smith feels Project#6 is feasible and
the initial engineering work is fundable through the reimbursable New York State Department of
Environmental Conservation's Non-Agricultural Nonpoint Source Planning Grant program; and
Whereas CWIO has authorized Mr. Smith to expend time and effort equivalent to $3,000 to
execute and manage the project if awarded, which meets the 10% local match requirement of the
grant; and
Whereas CWIO is not an incorporated organization capable of being a sponsor for this grant or
executing associated contracts; and
Whereas due to the importance of this Project to the Town and the watershed, the Town has
agreed to fund up to $30,000 toward the project until such time as the Town can be reimbursed
through the grant funding process; now, therefore,be it
Resolved that the Town of Ithaca Board agrees to the Town serving as sponsor for the identified
grant application and authorizes the Supervisor to execute any documents necessary and
authorizes Mr. Smith to proceed with the development and submittal of an application for
funding of engineering work associated with Project#6 on behalf of the Town.
Moved: Tee-Ann Hunter Seconded: Rich DePaolo
Vote: ayes—Hunter, DePaolo, Leary, Levine, Bleiwas and Howe
11. Discuss and consider participation in the Finger Lakes Energy Compact
Mr. Howe noted that this doesn't obligate us to any funds spent,but indicates that we take our
Green New Deal seriously.
Mr. Goldsmith was present and added that it sounds like Ithaca College is also keen to join.
Mr. DePaolo asked if the major advantage to doing this is that it makes us more attractive to
potential funding sources?
Mr. Goldsmith agreed that that is the main thing.
Ms. Leary asked if this was the project that costs $213?
Mr. Goldsmith responded that this would help in going after grants for that but doesn't obligate
the town to spend any funds.
TB Resolution 2021 -099: Support of the Town of Ithaca Participating in the Finger Lakes
Energy Compact
TB 2021-07-12 (filed 7/16) Pg. 13
Whereas, the Town of Ithaca (Town) has demonstrated its desire and commitment to be a leader
in sustainability and social equity, as exemplified by adoption of the Ithaca Green New Deal
(GND) and the Energy Code Supplement; and
Whereas, to implement the GND, the Town will benefit from working with a variety of partners
locally, regionally, nationally, and beyond; and
Whereas, implementation of the GND will be costly, by some estimates requiring about$2
billion for Ithaca alone, requiring access to funding beyond state and federal grants; and
Whereas, the United Nations is encouraging subnational governments and non-governmental
stakeholders to increase ambition, as compared to national goals set to reach the Paris Agreement
on Climate Change; and
Whereas, one specific action being encouraged is to join multi-stakeholder energy compacts to
support energy-related goals such as Sustainable Development Goal 7: Ensure Access to
Affordable, Reliable, Sustainable and Modern Energy For All; and
Whereas, energy compacts recognized by the United Nations are used internationally, but there
are none yet in the United States; and
Whereas, the City of Ithaca initiated discussions about creating a local energy compact,
tentatively called the Finger Lakes Energy Compact, with Cornell University, Ithaca College,
Tompkins County, and the Town of Ithaca; and
Whereas, the Energy Compact will feature non-binding commitments, initiatives, and
partnerships focused on renewable energy and energy efficiency, with the objective of reducing
inequality and reducing GHG emissions by 2030, as adopted in the Ithaca GND; and
Whereas, creating the first U.S.-based Energy Compact is expected to produce benefits like
enhancing regional collaboration,bringing international exposure to the Ithaca area and
improving opportunities for technical assistance and funding from multilateral institutions such
as the World Bank and the Global Environment Facility; and
Whereas, the City of Ithaca and Cornell University, as early co-creators of the Energy Compact,
accepted the invitation of the United Nations to participate in a Ministerial Thematic Forum on
June 24, 2021, which was cohosted by 13 different countries, and this could lead to opportunities
for participation in future U.N.-sponsored events; now, therefore be it
Resolved, that the Town Board approves creation of the Finger Lakes Energy Compact and the
Town's leadership and participation in the implementation of the Compact; and,be it further
Resolved, that the Town will take part in building support among local public and private
institutions to participate in and implement the Finger Lakes Energy Compact.
Moved: Pamela Bleiwas Seconded: Tee-Ann Hunter
TB 2021-07-12 (filed 7/16) Pg. 14
Vote: ayes—Bleiwas, Hunter, Howe, Leary, Levine and DePaolo
12. Discuss and consider approval of a Town of Ithaca Fund Balance Policy
Mr. DePaolo said it seems we are saying we will operate between 30-40%, and asked if that
aligns with what the Comptroller recommends?
Mr. Howe responded that the Comptroller's Office doesn't offer a recommendation, and we
looked at several other municipal policies and ours is generous,but this will be a slow process to
get back within good percentages.
Mr. Levine added that while this may seem higher than others, but there are mechanisms in there
to allow transfer of funds where needed.
TB Resolution 2021 -100: Adoption of the Town of Ithaca Fund Balance Policy
Whereas the Budget Committee and the Personnel and Organization Committee have reviewed
and recommended the adoption of the Town of Ithaca Fund Balance Policy by the Board, now
therefore be it
Resolved that the Town Board does hereby approve and adopts the Fund Balance Policy as
submitted.
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes—Levine, Bleiwas, Hunter, Howe, Leary and DePaolo
13. Consider Consent Agenda
TB Resolution 2021 - 101: 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 Bolton Point Abstract
d. Ratify appointment of Benefits Specialist—Consortium
e. Approval of budget amendments
Moved: Tee-Ann Hunter Seconded: Eric Levine
Vote: ayes—Hunter, Levine, Howe, DePaolo, Leary and Bleiwas
TB Resolution 2021 - 101a: Approval of Town Board Minutes
TB 2021-07-12 (filed 7/16) Pg. 15
Resolved that the Town Board hereby approves the draft minutes of the meeting on June 14, and
28, 2021 as submitted, with non-substantial changes suggested by the Board made.
TB Resolution 2021 -101b: Town of Ithaca Abstract No. 13 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. 762 - 814
General Fund Town Wide 24,272.32
General Fund Part-Town 10,956.48
Highway Fund Town Wide DA 1,555.28
Highway Fund Part Town DB 317,921.46
Water Fund 4,628.74
Sewer Fund 308,876.42
Fire Protection Fund 68,991.88
Forest Home Lighting District 92.43
Glenside Lighting District 10.17
Renwick Heights Lighting District 16.97
Eastwood Commons Lighting District 23.81
Clover Lane Lighting District 3.18
Winner's Circle Lighting District 4.75
Burlei h Drive Lighting District 11.07
West Haven Road Lighting District 43.25
Coddin ton Road Lighting District 25.62
TOTAL 737,433.83
TB Resolution 2021- 101c: Bolton Point Abstract
Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water
Commission have been presented to the governing Town Board for approval of payment; and
Whereas, the said vouchers have been audited for payment by the said Town Board; now,
therefore, be it
Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers.
Voucher Numbers: 259-309
Check Numbers: 19694-19699, 19701-19745
TB 2021-07-12 (filed 7/16) Pg. 16
Capital Impr/Repl Project $ 4,812.34
Operating Fund $ 62,866.68
TOTAL $ 67,679.02
Less Prepaid $ 20,045.10
TOTAL $ 47,633.92
TB Resolution 2021 - 101d: Ratify Provisional Appointment of Benefits Specialist at
GTCMHIC.
Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance
Consortium(GTCMHIC) on July 7, 2021, approved the provisional appointment by the
Executive Director of Kylie Rodrigues to the title of Benefits Specialist, effective, June 28, 2021;
now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's appointment
of Kylie Rodrigues, Benefits Specialist, effective June 28, 2021, at the hourly wage of$28.00
with full time benefits.
14. Report of Town Officials
Mr. Howe reported that he and Ms. Shaw have been working on a letter to residents about the
Utility Moratorium which the Governor passed; if a case is made that financial hardship from
COVID resulted in falling behind, they can ask for a payment agreement and we would not
relevy on to their property taxes. The letter will go out in the newsletter and to those currently
behind. This does not relieve anyone of any obligation,just to work out a payment plan.
Mr. Howe noted that there will be a ribbon cutting at RaNic on July 22"d at 11:30 a.m. if anyone
is interested.
15. Review of Correspondence
Copy of the submitted comments on the TMDL draft for Cayuga Lake and Mr. Howe thanked
Mr. DePaolo and Ms. Hunter for their work on that.
There was a letter from concerned groups regarding the implementation of our Energy Code
Supplement which will be discussed at MTM.
Executive Session
Motion made by Mr. Howe to enter executive session to discuss the employment history of a
particular person, seconded by Mr. DePaolo. Unanimous.
Mr. Howe noted that no action will be taken.
TB 2021-07-12 (filed 7/16) Pg. 17
Reenter Open Session at 5:36 p.m. moved by Mr. Howe, seconded by Mr. DePaolo, unanimous.
16. Adjournment
Meeting adjourned at 5:37 p.m. upon motion by Mr. Howe, seconded by Mr. Levine, unanimous.
SubmitW by
Paulette Rosa, Town Clerk
TB 2021-07-12(filed TI16) P, . 1
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Town of Ithaca 7/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 6/1/2021 To: 6/30/2021
Cert. # Date Type Temp SBL Legal Address Inspector Status
2021-0214 6/1/2021 Cert of C X 17.-3-23 21 Renwick Heights Rd JHULL ISSUED
Permit Type: ELECTRICAL ONLY
2021-0249 6/1/2021 CC 68.-1-1.2 189 Pleasant Grove Rd MSTONIER ISSUED
Permit Type: TEMPORARY MEMBRANE STRU
2021-0248 6/1/2021 CC 68.-1-1.2 189 Pleasant Grove Rd MSTONIER ISSUED
Permit Type: TEMPORARY MEMBRANE STRU
2021-0247 6/1/2021 CC 68.-1-1.2 189 Pleasant Grove Rd MSTONIER ISSUED
Permit Type: TEMPORARY MEMBRANE STRU
2021-0239 6/2/2021 CC 45.-1-9 114 Ridgecrest Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0225 6/3/2021 CC 33.-2-6.21 704 Elmira Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0241 6/3/2021 CC 33.-2-6.22 702 Elmira Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0240 6/3/2021 CC 44.-2-8.1 171 King Rd E DMAGNUSO ISSUED
Permit Type: ELECTRICAL ONLY
2021-0268 6/7/2021 CC 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED
Permit Type: TEMPORARY MEMBRANE STRU
2020-0335 6/8/2021 CC 28.-2-1 185 Westhaven Rd DMAGNUSO ISSUED
Permit Type: POOL AND SPA
2020-0391 6/9/2021 CC 24.-3-2.412 201 Harris B Dates Dr MSTONIER ISSUED
Permit Type: HEATING AND COOLING UNIT
2020-0193 6/11/2021 CC 45.-1-10 116 Ridgecrest Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2019-0496 6/14/2021 CC 17.-3-31 18 Renwick Heights Rd MMOSELEY ISSUED
Permit Type: ROOFING
2021-0271 6/14/2021 CC 49.-1-23 696 Coddington Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0029 6/15/2021 CO 45.-1-30 12 Chase Ln DMAGNUSO ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
2020-0237 6/15/2021 CC 33.-2-1.22 132 McGee Rd DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0207 6/16/2021 CC 66.-3-21 101 Halcyon Hill Rd MSTONIER ISSUED
Permit Type: ROOFING
Page 1 of 3
Town of Ithaca 7/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 6/1/2021 To: 6/30/2021
Cert. # Date Type Temp SBL Legal Address Inspector Status
2020-0032 6/22/2021 CC 56.-3-13.25 9 JOHN STREET MKELLY ISSUED
Permit Type: HEATING AND COOLING UNIT
2020-0498 6/22/2021 CC 33.-2-1.22 162 Seven Mile Dr DMAGNUSO ISSUED
Permit Type: ROOFING
2020-0497 6/22/2021 CC 33.-2-1.22 128 Dickman Cir DMAGNUSO ISSUED
Permit Type: ROOFING
2021-0199 6/23/2021 CO 72.-1-1.118 318 Winthrop Dr MSTONIER ISSUED
Permit Type: DECK
2020-0101 6/24/2021 CO 66.-5-11.2 107 Forest Home Dr MSTONIER ISSUED
Permit Type: SINGLE FAMILY RESIDENCE AD
2020-0302 6/28/2021 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED
Permit Type: ELECTRICAL ONLY
2020-0070 6/28/2021 CO 33.-2-6.1 114 Seven Mile Dr DMAGNUSO ISSUED
Permit Type: COMMERCIAL ADDITION
2020-0198 6/29/2021 CO 24.-3-2.223 402 Harris B Dates Dr DMAGNUSO ISSUED
Permit Type: SINGLE FAMILY RENOVATION/A
Page 2of3
7/2/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificate Report
Totals by Type and Status
From: 6/1/2021 To: 6/30/2021
Certificate Type Certificate Status Count
CC 19
Cert of Compliance - Electrical Only 1
CO 5
Total: 25
ISSUED 25
Page 3 of 3
Town of Ithaca 7/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Complaints Received Report
From: 6/1/2021 To: 6/30/2021
Date Type Tax Parcel # Legal Address Disposition
6/3/2021 NOISE - Work HRS. 33.-2-6.1 114 Seven Mile Dr UNFOUNDED
Desc: Resident on Calkins Rd is hearing truck beeping (reverse) for hours on end and throughout the week.
This is the first time.
6/9/2021 NOISE - Work HRS. 63.-2-10.2 201 Maple Ave ABATED
Desc: Over Cornell graduation week there were loud parties in units that are next to the Belle Sherman
cottages. The homeowners association brought their concerns to the Maplewood Manager Kevin
Bargher several times. The loud gatherings continued until early Saturday morning May 29th.
6/17/2021 NYS Residental Code 151 West Hill Cir OPEN
Desc: Apartment#3 - Tenant is reporting on going issues with lack of hot water. States that problem is only
ever temporarily fixed.
6/29/2021 PROPERTY MAINTENANCE 56.-3-1.2 1512 Slaterville Rd OPEN
Desc: IFD reporting a ceiling collapse.
Page 1 of 2
7/2/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Report
From: 6/1/2021 To: 6/30/2021
Totals by Complaint Type & Status
ComplaintType Complaint Status Count
NOISE - Work HRS. 2
NYS Residental Code 1
PROPERTY MAINTENANCE 1
Total: 4
ABATED 1
OPEN 2
UNFOUNDED 1
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Town of Ithaca 7/2/2021
215 N. Tioga Street
Ithaca, NY 14850
Complaints Closed Report
From: 6/1/2021 To: 6/30/2021
Date Type Tax Parcel # Legal Address Disposition
6/3/2021 NOISE - Work HRS. 33.-2-6.1 114 Seven Mile Dr UNFOUNDED
Desc: Resident on Calkins Rd is hearing truck beeping (reverse) for hours on end and throughout the week.
This is the first time.
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7/2/2021
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Report
From: 6/1/2021 To: 6/30/2021
Totals by Complaint Type & Status
ComplaintType Complaint Status Count
NOISE - Work HRS. 1
Total: 1
UNFOUNDED 1
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