HomeMy WebLinkAboutTB Minutes 2022-09-26MEETING OF THE ITHACA TOWN BOARD
September 26, 2022 at 4:30 p.m.
AGENDA
1. Public hearings regarding:
a. Proposed local law amending Chapter 59, Public Works Department, of the Town
of Ithaca Code
i. Consider adoption
ii. Approval of Job Description and Acknowledge Appointment
b. Proposed local law adding a Vehicle Length Limits Article to Chapter 250, `Vehicles and
Traffic", of the Town of Ithaca Code
i. Consider adoption
c. Proposed increase to the Ridgecrest Water Improvement Project (Public Interest
Order)
i. Consider adoption
ii. Consider award of contract
2. Consider setting public hearings regarding:
a. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective
January 1, 2023
b. Assessment Rolls for the Town of Ithaca's Special Benefit Districts and
Special Benefit Areas
3. Consider authorization to sign Snow & Ice Agreement with Tompkins County
4. Consider authorization to sign a contract with Vonage for telephone services
5. Committee Reports
a. Budget
b. COC
c. Personnel and Organization.
d. Planning
e. Public Works
f. Ad Hoc/Other Committees
6. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
pulled
7. Report of Town Officials
a. Discussion on correspondence protocols and related actions
TOWN OF ITHACA
1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New Yorl,
that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notic
has been duly published in the official newspaper, Ithaca.lournal:
• Proposed LL Adding Vehicle Length
Limits to Chapter 250
• Proposed LL Amending Chapter 59 to
Clarify Duties & Responsibilities of
Deputies
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
1-0411j, 12
Sworn to and subsc
of September 2022.
N6-tary Publi
before me this 13"' day
BECKY L. JORDAN
NOTARY PUBLIC I STATE Of NEW YORK
Registration No. DI 306186381
Qualified in Tompkins County
C ruission Expires APRIL 28,20.,
0 =
Town of Ithaca Notice of Public Hearings
The Town Board will hold public hearings at their
meeting to be held virtually on September 26, 2022, on
the ZOOM audio/visual platform and broadcast live on
the Town of Ithaca You Tube Live Meetings site, links
are available at www.townofithaca.com, beginning at
4:30 pm. regarding: a. A proposed local law adding a
Vehicle Length Limits Article to Chapter 250, 'Vehicles
and Traffic, of the Town of Ithaca Code b. A proposed
local law amending Chapter 59 Public Works
Department to clarify duties and responsibilities of
deputies At such time, all persons interested in
addressing the Board on the above proposed local laws
will be heard. Comments may be submitted via email or
USPS to Town Clerk, 215 N. Tioga St., Ithaca, NY
14850 or clerks@town.ithaea.ny.us.
Paulette Rosa Town Clerk 9/13/2022
a 111010111 V
0 Proposed Increase in the Maximum
Amount to be Expended Ridgecrest
Road Water Improvement project
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
ONE I
Jo n
To erk
STATE OF NEW YORK)
•
Sworn to and subscribed before me this 131" day
of September 2022.
...........
i Notary , blic
ABBY L HOMER
Notary Public - State of New York
W 01HO6086105
Qualified in Cortland County
My Commission EVires Jan, 13,20
to hear all persons interested in the subject thereof concerning the
same, all in accordance with the provisions of Section 209-q of the
Town Law; Now, therefore, it is hereby ordered, by the Town Board
of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. A public hearing shall be held by the Town Board of the
Town of Ithaca, Tompkins County, New York, at the Town Hall, 215
North Tioga Street, in Ithaca, New York, in said Town, on the 26th
day of September, 2022, at 4:30 o'clock P.M., Prevailing Time, to
consider the aforesaid increase in the maximum amount to be
expended by the Town of Ithaca on the Improvement, with funding
for the entire Improvement to come frorn grants-in-aid, and to hear
all persons interested in the sulrject thereof concerning the same and
to take such action thereon as is required by law. Section 2. The
Town Clerk is hereby authorized and directed to publish a Notice of
Public Hearing regarding the aforesaid increase in the maximum
amount to be expended, with funding for the entire Improvement to
come from grants-in-aid, with such Notice to be published once in
the official newspaper, and also to post a copy thereof on the town
signboard maintained by the Town Clerk, not less than ten (10) nor
more than twenty (20) days before the day designated for the hearing
as aforesaid, all in accordance with the provisions of Section 209-q
of the Town Law, Section 3. This Order shall take effect
immediately.
M
Paulette Rosa, Town Clerk 9:' 13/2022
MEETING OF THE ITHACA TOWN BOARD
September 26, 2022
Under NYS Laws of 2022, Chapter 56, this meeting was held in a hybrid fashion, with in person
attendance permitted and some staff members attending virtually.
Minutes
Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Margaret
Johnson, Bill Goodman, and Rob Rosen. Absent: Pamela Bleiwas
Staff Present: Judy Drake, Donna Shaw, Dan Thaete, Susan Ritter, Marty Moseley, John Little, Joe
Talbut, and Becky Jordan
1. Mr. Howe called the meeting to order at 4:31 p.m.
Mr. Howe welcomed the Town Board back to the Board room for the first in person meeting in a
long time. He stated that although everything is functional, there may be some sound glitches until
we receive better sound/speaker equipment. Reminder that the Budget meeting is October 6`I' at 5:30
p.m. and the second October meeting is October 17"' at 5:30 p.m.
2. Public hearings regarding:
a. Proposed local law amending Chapter 59, Public Works Department, of the Town of
Ithaca Code
i. Consider adoption
ii. Approval of Job Description and Acknowledge Appointment
Mr. Howe stated that this entails revising administrative title and clarifying duties and
responsibilities of deputies.
Mr. Howe opened the public hearing at 4:32 p.m. There was no one wishing to address the board and
the public hearing was closed.
TB Resolution 2022 —143: Adoption of Local Law 16 of 2022 Amending Town of Ithaca Code
Chapter 59, Public Works Department, to revise administrative titles and to clarify duties and
responsibilities of deputies
Whereas the Personnel and Organization Committee, the Public Works Committee and the Town
Board have discussed the need for revisions to the administrative titles and duties in the Public
Works Department, and
Whereas a public hearing on the proposed local law amending Town of Ithaca Code Chapter 59,
Public Works Department, to revise administrative titles and clarify duties and responsibilities of
deputies was duly advertised and held, and
Whereas, pursuant to 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 said local law is a Type II action as it constitutes "routine or continuing agency
administration and management, not including new programs or major reordering of priorities that may
affect the environment"; and further constitutes "adoption of regulations, policies, procedures and local
legislative decisions in connection with any action on the" Type II list, and thus, adoption of this local
law is not subject to review under SEQRA, now therefore be it
Resolved that the Town Board hereby adopts Local Law 16 of 2022, entitled "A local law to amend
Chapter 59, Public Works Department, of the Town of Ithaca Code3 to revise administrative titles and
to clarify duties and responsibilities of deputies."
Moved: Bill Goodman Seconded: Rich DePaolo
Vote: ayes - Howe, Johnson, DePaolo, Goodman, Levine, and Rosen
TB Resolution 2022 —144: Creation of Acting Director of Public Works Role, Authorize Stipend,
and Acknowledte the Appointment of
Whereas, there are times when the Director of Public Works/ Highway Superintendent is out of the
office for vacation, medical and other reasons, and desires to establish a second in command role
without creating an additional position by appointing the additional role to a current employee in the
position of Deputy Highway Superintendent, Parks Maintenance Manager or Water and Sewer
Maintenance Supervisor, pursuant to Local Law Chapter 59; and
Whereas, the Personnel & Organization committee reviewed the responsibilities of the Acting
Director of Public Works role and responsibilities and recommends the creation of the Acting
Director of Public Works designation and recommends a $75 bi-weekly stipend; and
Whereas, the Director of Public Works has designated Joseph Talbut, Parks Maintenance Manager,
as the Acting Director of Public Works, effective September 26, 2022; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby create the Acting Director of Public
Works role, and establishes a biweekly stipend for the extra responsibility in the amount of $75 for
physical years 2022 and 2023; and be it further
Resolved, the Town Board acknowledges the appointment of Joseph Talbut as the Acting Director of
Public Works, effective September 26, 2022.
Moved: Rich DePaolo Seconded: Rob Rosen
Vote: ayes — Howe, DePaolo, Goodman, Johnson, Levine, and Rosen
b. Proposed local law adding a Vehicle Length Limits Article to Chapter 250, `Vehicles and
Traffic", of the Town of Ithaca Code
i. Consider adoption
Mr. Howe opened the public hearing at 4:35 p.m.
Mr. Engman spoke in his role as the Forest Home Improvement Association, commenting that he
was astounded that Forest Home was not included in this. The problem they have with tractor trailers
in Forest Home is not weight but length that causes problems. The Forest Home Improvement
Association has been asking for this law for over 10 years and now that it's come the community is
left out. We don't understand nor do we accept it. Forest Home must be included in this law.
Mr. Brittain commented that there are tight intersections and curves in Forest Home. Finally, the
Town comes through with the legislation and at the last-minute Forest Home is failed. It is thought
that we don't need a length limit because we have a weight limit. This Is not true. Countless trucks
get stuck at intersections at the tight curves. Please include Forest Home.
Mr. Howe shared that the first resolution did mistakenly read hamlet of Forest Home. Our Public
Works Committee talked about this at great length and for a variety of reasons decided there are
other things in place to address Forest Home. Based on conversations with legal counsel we decided
to move forward just with Sand Bank Road.
Mr. DePaolo shared that there were some conversations with counsel that are creating potential
extenuating circumstances. It is not as simple as we are ignoring the request of Forest Home.
Mr. Goodman inquired whether residents of Forest Home were aware of the Public Works
Committee discussions on this topic.
Mr. Howe stated that yes, he knows members of the Forest Home community do pay attention the to
agenda.
TB Resolution 2022 -145: Adoption of a local law Adding a Vehicle Length Limits Article to
Chapter 250 (Vehicles and Traffic) of the Town of Ithaca Code
Whereas the Town's Highway Superintendent has received numerous comments and complaints about
vehicle traffic issues on Sandbank Road, and
Whereas the Town's Public Works Committee and Town Board have discussed the issue(s) and
determined the best course of action is to revise the Town of Ithaca Code Chapter 250, "Vehicles &
Traffic" to address a variety of issues, and
Whereas, the Town Board finds that the proposed local law will further the health and welfare of the
community, and
Whereas, pursuant to 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 said local law is a Type II action as it constitutes "routine or continuing agency
administration and management, not including new programs or major reordering of priorities that may
affect the environment"; and further constitutes "adoption of regulations, policies, procedures and local
legislative decisions in connection with any action on the" Type II list, and thus, adoption of this local
law is not subject to review under SEQRA, now therefore be it
Resolved, that the Town Board adopts Local Law 17 of 2022, entitled Adding a Vehicle Length
Limits Article to Chapter 250 (Vehicles and Traffic) of the Town of Ithaca Code.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes - Howe, DePaolo, Levine, Goodman, and Rosen. Abstained - Johnson
c. Proposed increase to the Ridgecrest Water Improvement Project (Public Interest Order)
i. Consider adoption
ii. Consider award of contract
Mr. Howe opened the public hearing at 4:45 p.m. There was no one wishing to address the board and
the public hearing was closed.
TB Resolution 2022 —146: Order Increasing the Maximum Amount to be Expended for the
Town of Ithaca Ridgecrest Road Water Improvements Project from $1,096,365 to $1,261,700,
with the Entire Proiect Funded by Grants -in -Aid
Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Bill Goodman, Rob Rosen
and Margaret Johnson
Moved: Rod Howe Seconded: Rich DePaolo
Whereas, on March 14, 2022, the Ithaca Town Board held a public hearing and subsequently
adopted a Public Interest Order authorizing the Ridgecrest Road water improvements project (the
"Improvement") and the establishment of the Ridgecrest Road Water Improvement Area ("Water
Improvement Area"), through TB Resolution 2022-031; and
Whereas, the notice of public hearing stated that the initially determined maximum estimated
cost to said Water Improvement Area was $1,096,365, and the adopted Public Interest Order stated
that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is
$1,096,365; and
Whereas, because of anticipated increased material and construction costs in 2022, the Town
Engineer has prepared a new estimate of cost in a memo that amends the map, plan and report for the
Improvement by increasing the maximum estimated cost to the Water Improvement Area from
$1,096,365 to $1,261,700; and
Whereas, TB Resolution 2022-031 states the method of financing the Improvement would be
by the issuance of serial bonds issued by the Town; the Town has now determined that grants-in-aid
are sufficient to fund the entire Improvement; and
Whereas, no other changes are proposed to any aspect of the Improvement or Water
Improvement Area, and
Whereas the Town Board now desires to authorize the increase in the maximum amount to be
expended on the Improvement in the maximum amount to be expended by the Town of Ithaca from
$1,096,365 to $1,261,700, with funding for the entire Improvement to come from grants-in-aid; now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca, Tompkins County, New York, does
hereby authorize the increase in the maximum amount to be expended by the Town of Ithaca from
$1,096,365 to $1,261,700, with funding for the entire Improvement to come from grants-in-aid.
The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted
as follows: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Bill Goodman, aye; Rob Rosen,
aye and Margaret Johnson, aye.
The order was thereupon declared duly adopted.
Award of contract overlooked.
3. Consider setting public hearings regarding:
a. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective
January 1, 2023
b. Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special
Benefit Areas
TB Resolution 2022 —148: Setting_public hearings for October 17, 2022
Resolved that the Town Board will hold public hearings at its October 17, 2022, meeting beginning at
5:30 p.m., regarding the following:
a. Approval of the 2022 Assessment Rolls for the Town of Ithaca's Special Benefit
Districts and Special Benefit Areas
b. Approval of the Proposed Increases to Town of Ithaca Water Rates and Sewer Rents
Effective January 1, 2023
at which time the public may be heard concerning the same. Information on the above items is available
from the Town Clerk's Office and online at www.town.ithaca.ny.us
Moved: Eric Levine Seconded: Rob Rosen
Vote: ayes — Howe, DePaolo, Goodman, Levine, Rosen and Johnson
4. Consider authorization to sign Snow & Ice Agreement with Tompkins County
Mr. Howe stated this comes up every 3 years and would go into effect October I" through September
30, 2025.
Mr. DePaolo asked for clarification on who pays who. If we are responsible for clearing over 9 miles
of county road and the county is responsible for clearing 3.5 miles of town road, it would appear that
we would come out ahead in that arrangement, yet the resolution authorizes an expenditure. What is
the give and take?
Mr. Talbut stated he understands it as the county pays us.
Mr. Howe suggested a change in wording after the last resolve.
TB Resolution 2022 - 149: Approval of and authorization to sign, a three-year Snow and Ice
Agreement with Tompkins County
Whereas, the Town of Ithaca and Tompkins County have contracted with each other for removal of
snow and ice from County and Town roads since October 2002; and
Whereas, the current contract will expire on September 30, 2022; and
Whereas, the agreement has been submitted for renewal of a 3-year term, from October 1, 2022,
through September 30, 2025; and
Whereas, the Town Board reviewed the Agreement as submitted at its September 26, 2022, meeting,
now, therefore, be it
Resolved, that the Town Board authorizes the Town Supervisor to execute the Snow & Ice Agreement
with Tompkins County as submitted.
Moved: Eric Levine Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Goodman, Levine, Rosen and Johnson
5. Consider authorization to sign a contract with Vonage for telephone services
Mr. Howe stated that we interviewed four companies and John Little and staff felt that Vonage was
our best option. It will be a cost savings to the town of approximately $1500 per month.
TB Resolution 2022 - 150: Approval of, and authorization to sign, a contract with Vonnee
Business Communications
Whereas the Director of Information Technology (Director) began exploring options for web -based
communication services in 2021, and
Whereas the Director interviewed four companies and hosted three demonstrations for Town
Management Team and all Town Staff, and
Whereas the Director and Staff felt that Vonage Business Communications was the best value and
the best fit for the Town, and
Whereas the contract with Vonage is for a 5-year term, saving the Town approximately $1,500 a
month versus the current provider, now therefore be it
Resolved that the Town Board hereby approves of the contract with Vonage Business
Communications as submitted and authorizes the Town Supervisor to execute same on behalf of the
Town.
Moved: Margaret Johnson Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Johnson, Levine, Rosen and Goodman
6. Committee Reports
a. Budget
Mr. Levine's report was not picked up on audio
b. COC
Mr. Goodman reported that COC met twice since the last meeting. Continue work on
telecommunications law, revisions and updates. At the September meeting I opened it up for public
comment and we heard from community members on their concerns about 5G. Many comments were
in regard to the setback distance of small cell facilities from homes, schools, nursing facilities and
other such facilities. We're still looking at all other sections of the law. While revising our
telecommunications law, it will not just deal with 5G but include cell towers. The main impetus for
the change in the law is to update it based upon new federal guidelines to incorporate. We're looking
at what other municipalities have done and recent laws they have adopted to see if there are
provisions we would want to include. At the next meeting, possibly the first Wednesday of
November, we will take a break from telecommunications to discuss changes to the Ithaca Energy
Code supplement to encourage more green building in the town based on feedback we've gotten
from the state.
c. Personnel and Organization
Ms. Drake reported that they next meet Monday.
d. Planning
Mr. DePaolo reported that discussion continued on modification to the limited historical commercial
zone language. As most of you know we're proposing to allow certain uses there that will enable
property owners to maintain those properties in a way that is in keeping with their historic
designation. One of the proposals is to eliminate the reporting requirement associated with short-term
rental uses. There is no limit on the number of days, so they are more or less in line with our hosted
rentals. The presumption is that they will be subject to property inspections in conjunction with
whatever preservation plan is devised in accordance with their historic designation with their historic
commercial property. We looked at modifying the solar law to create a category for larger facilities
to be installed in our ag zones. Attention is being paid to try to prevent clear cutting for the purpose
of installing solar. Currently the largest proposed tier allows up to 35 acres of solar. We're also
investigating the use of Agri voltaic which would allow certain cover crops to be grown but also
require that the collectors to be raised sufficiently to allow for machinery and sunlight.
e. Public Works
Mr. Howe reported that 80-85% of streetlights have been converted to LED. Public Works wants to
come up with a policy to help address when we would be willing to add/change streetlights. We will
have to budget to make additional changes to our streetlights. Still working on the technology to
allow us to dim the streetlights.
£ Ad Hoc/Other Committees
Mr. Goodman reported they are trying to set up a meeting with NYSEG regarding the draft easement
to secure use of their old railroad bed property to extend the South Hill trail. Once there is final
language in the agreement it will be brought to the town board for a public hearing. The town along
with Caroline, Danby, and Dryden applied for the county tourism grant to try to get funds for a
feasibility study to look at how we would implement creating a trail along the stretch through
different areas. There are areas that will need some work done such as shielding from neighbors with
concerns about having the trail near their property.
7. Consent Agenda
a. Approval of Town Board Minutes - None
b. Approval of Town of Ithaca Abstract
c. Approval of eBid Policy — pulled
TB Resolution 2022 - 151: Consider Consent Agenda Items
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
Moved: Eric Levine Seconded: Margaret Johnson
Vote: ayes — Howe, DePaolo, Johnson, Goodman, Levine, and Rosen
TB Resolution 2022 - 151a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of July 11, 2022, with non- substantive changes
made if needed.
TB Resolution 2022 - 151b: Town of Ithaca Abstract No. 18 for FY-2022
Resolved that the Town Board hereby authorizes payment of the following audited vouchers
in total for the amounts indicated:
VOUCHER NOS. 1047 - 1103
General Fund Town Wide
175,775.15
General Fund Part -Town
23,364.17
Highway Fund Town Wide DA
256,133.42
Highway Fund Part Town DB
8,827.68
Water Fund
189,869.40
Sewer Fund
76,886.26
Fire Protection Fund
290,000.00
Trust and Agency
7,442.54
TOTAL
1,028,295.62
8. Report of Town Officials
a. Discussion on correspondence protocols and related actions
Mr. DePaolo reported that there seems to be a potential loophole in the language of our short term
rental law that exempts cooperatives. I think the exemption was included under the assumption that
cooperatives are largely the principal residences of the occupants but there is an unforeseen
consequence that allows for a cooperative to be formed without any limitation as to the number of
units that can be included in the cooperative and without any limitation as to the number of permits
the cooperative can subsequently obtain. To potentially close that loophole, I propose adding a
principal residency of an active proprietary lease requirement. Essentially, they are afforded the same
benefits as Hosted rentals having the added benefit of not being subject to inspections and reporting
requirements under the assumption that the cooperative corporation has some sort of internal
oversight. One of the primary reasons for the law was to prevent corporations from buying unlimited
properties, getting unlimited permits and having unlimited days. In order to get the benefit of the
exemption the requirement is that the property must be the owner's principal residence. That means
that the owner has to live there, they have to sleep there for at least 180 days of the year.
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some sort of internal oversight. One of the primary reasons for the law was to prevent
corporations from buying unlimited properties, getting unlimited pen -nits and having unlimited
owner's principal residence. That means that the owner has to live there, they have to sleep there
for at least 180 days of the year.
Mr. Howe reported that it came to Codes attention that private parking really isn't allowed on
The Byway in Forest Home. Some residents with properties there don't have a choice. It's a
private road that has been there for over 100 years. He asked the board if they were A with his
writing a letter on behalf of the board to the state variance board. The state variance board meets
on October 10. Each individual Byway property owner that wants a variance for parking has
had to submit for a variance,
Ms. Ritter announced her target retirement date of January 27 1h
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Submitted by
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TB 2022-09-26 (Filed 1 Odq 2) Pg,,'9