HomeMy WebLinkAboutTB Minutes 2022-12-12MEETING OF THE ITHACA TOWN BOARD
December 12, 2022 5:30 p.m.
This meeting will be broadcast via ZOOM (ID 98910958241) and YouTube Link for your
convenience.
AGENDA
1) Call to Order and Pledge of Allegiance
2) Persons to be Heard and Board Comments
3) Public Hearings regarding a local law a local law revising Town of Ithaca Code Chapter 270,
(Zoning) by replacing Article XVIIIA (Limited Historic Commercial Zones) with a New
Article XVIIIA (Limited Historic Commercial Overlay District)
a. SEQR b. Consider adoption
4) Consider setting a public hearing regarding a proposed local law amending Town of Ithaca
Code Chapter 270, Zoning, Article XXVI, Special Regulations, to clarify regulations
associated with Cooperative Corporations and Article III, Terminology, to add the definition of
"Natural Person"
5) Consider authorization for the Town Supervisor to sign an agreement with Cornell University
regarding their Contract Colleges' Projects
6) Consider updates to Personnel Policies
7) Preliminary discussion of Key Priorities for 2023
8) Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
9) Report of Town Committees
10) Review of Correspondence
11) Adj ournment
MEETING OF THE ITHACA TOWN BOARD
December 12, 2022 5:30 p.m.
MINUTES
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo,
Pamela Bleiwas, Rob Rosen and Margaret Johnson Absent: Bill Goodman
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) Call to Order and Pledge of Allegiance
Mr. Howe called the meeting to order at 5:32 p.m.
2) Persons to be Heard and Board Comments — None
3) Public Hearings regarding a local law a local law revising Town of Ithaca Code Chapter
270, (Zoning) by replacing Article XVIIIA (Limited Historic Commercial Zones) with a
New Article XVIIIA (Limited Historic Commercial Overlay District)
Mr. Howe opened the public hearing at 5:36 p.m., there was no one wishing to address the Board
and the hearing was closed.
Mr. DePaolo asked about the language around "consideration" of applications and the
implication that an application could not be "considered.'
Discussion followed and it was noted that the Town Board has the discretion of whether to
consider a rezoning and does not have to give a reason. The terminology was chosen to also
emphasize that there are other approvals needed because not all uses are allowed as of right, and
other steps such as a Preservation Plan for inspection of the condition of the site/structure and
approval of the plan to preserve that.
Mr. DePaolo asked about the term "principal home," noting that it doesn't seem to appear
elsewhere in our Code and the more common term is "principal residence."
After a bit of searching and checking, the term was changed to "principal residence" as a friendly
amendment.
TB Resolution 2022 - 184: SEOR Regarding a Local Law revising Town of Ithaca Code
Chapter 270 (Zoning) by Replacing Article XVIIIA (Limited Historic Commercial Zones)
with a New Article XVIIIA (Limited Historic Commercial Overlay District)
TB 2022-12-12 (Filed 1/4) Pg. 1
Whereas, this action is the proposed enactment of a local law to revise Town of Ithaca Code
Chapter 270, Article XVIIIA (Limited Historic Commercial Zones) by replacing it with Article
XVIIIA (Limited Historic Commercial Overlay District); and
Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an
environmental review with respect to the enactment of said local law; and
Whereas, the Town Board, at its meeting held on December 12, 2022, has reviewed, and accepted
as adequate the Short 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: Pamela Bleiwas Seconded: Eric Levine
Vote: ayes — Bleiwas, Levine, DePaolo, Howe, Rosen and Johnson
TB Resolution 2022 - 185: Adoption of a Local Law Revising Town of Ithaca Code Chapter
270 (Zoning), By Replacing Article XVIIIA (Limited Historic Commercial Zones) With a
New Article XVIIIA (Limited Historic Commercial Overlay District)
Whereas, the Town Planning Committee upon reviewing the request for a LHCZ rezoning noted
several provisions that should be added to the LHCZ law, including more meaningful oversight
to assure preservation and upkeep of historical properties that are granted a rezoning request,
and
Whereas, the committee and staff took on the task of amending the law to add these provisions
and to update and provide other warranted improvements, and
Whereas, the Planning Committee reviewed and discussed the draft local law at numerous
meetings in 2022; and at its October 20, 2022, meeting, the Committee voted to recommend the
legislation to the Town Board for consideration of adoption, and
Whereas, at a meeting on November 14, 2022, the Town Board discussed the proposed local law
and set a public hearing for December 12, 2022, to hear all interested parties on the proposed law
entitled "A Local Law Revising Town of Ithaca Code Chapter 270 (Zoning) By Replacing
Article XVIIIA (Limited Historic Commercial Zones) With a New Article XVIIIA (Limited
Historic Commercial Overlay District), and
Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and
TB 2022-12-12 (Filed 1/4) Pg. 2
Whereas, said public hearing was duly held on said date and time at the Ithaca Town Hall and all
parties were permitted an opportunity to speak on behalf of or in opposition to said proposed
local law, or any part thereof, 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 an Unlisted
Action for which the Town Board of the Town of Ithaca, the lead agency in an environmental
review with respect to adoption of this local law, has, on December 12, 2022, made a negative
determination of environmental significance, after having reviewed and accepted as adequate the
Short Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that adoption of the Limited Historic Commercial Overlay
District furthers the health and welfare of the community and is in accordance with the Town of
Ithaca Comprehensive Plan; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. xx of 2022
entitled "A Local Law Revising Town of Ithaca Code Chapter 270 (Zoning) By Replacing
Article XVIIIA (Limited Historic Commercial Zones) With a New Article XVIIIA (Limited
Historic Commercial Overlay District)"; and it is further
Resolved, that the Town Clerk is hereby authorized to file said local law with the Secretary of
State as required by law.
Moved: Rich DePaolo Seconded: Margaret Johnson
Vote: ayes — DePaolo, Johnson, Rosen, Howe, Levine and Bleiwas
4) Consider setting a public hearing regarding a proposed local law amending Town of
Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, to clarify
regulations associated with Cooperative Corporations and Trusts and Operating Permits
Changes were made to the title for clarification.
TB Resolution 2022 -186: Setting a public hearing regarding a proposed local law
"Amending Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations,
ret!ardint! Short -Term Rental Use regulations associated with Cooperative Corporations,
Trusts, and Operating Permits."
Resolved that the Town Board will hold a public hearing at its meeting on December 28, 2022,
beginning at 11:00 a.m. at Town Hall, 215 N. Tioga St and broadcast via ZOOM, ID
98910958241, for the public's convenience, regarding a proposed local "Amending Town of
Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding Short -Term
Rental Use regulations associated with Cooperative Corporations, Trusts, and Operating Permits,
at which time all persons wishing to be heard regarding the adoption of the local law will be
heard.
TB 2022-12-12 (Filed 1/4) Pg. 3
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes — DePaolo, Howe, Levine, Johnson, Bleiwas and Rosen
5) Consider authorization for the Town Supervisor to sign an agreement with Cornell
University regarding their Contract Colleges' Projects
Ms. Brock gave an overview, saying that this gives a framework for working with Cornell when a
project is at one of the Statutory Contract Colleges and who has jurisdiction with things such as
building permits, inspections, stormwater control and inspections and similar.
Discussion followed on the threshold for saying a project is a "Contract College" and ways this
could be used to not have the Town have jurisdiction by shifting a little funding source around.
Ms. Brock discussed the State laws and State Codes this was based upon and felt the Town was
covered throughout with the ability to change with the State regulations and it clears up some of
the ambiguity that comes up every so often.
Discussion turned to when the agreement would become effective given the terminology
surrounding "beginning of construction" and "application submitted."
Ms. Brock responded that those types of timetables are clearly defined in State legislation and
there is a termination clause if either party wishes.
TB Resolution 2022 - 187: Authorization for the Supervisor to sign an Agreement with
Cornell University regarding their Contract Colleges' Projects
Whereas, Cornell is the State of New York land-grant university and includes four contract
colleges that are partially funded by the State of New York, and
Whereas, from time -to -time Cornell or New York State (through the State University
Construction Fund ("SUCF"), Dormitory Authority of the State of New York, or other state
agencies or public entities) constructs or modifies real estate developments within the Town of
Ithaca for the use of the contract colleges, or demolishes such real estate developments, and
Whereas, the Parties desire to clarify the application of the Town's zoning (including site plan
review), stormwater, public utility and Uniform Code requirements and jurisdiction to such
developments, now therefore be it
Resolved, that the Town Board approves and authorizes the Supervisor to sign an agreement
with Cornell University on behalf of the Town of Ithaca regarding their Contract Colleges'
Projects as submitted, subject to approval by the Attorney for the Town.
Moved: Pamela Bleiwas Seconded: Margaret Johnson
Vote: ayes — Bleiwas, Johnson, Levine, Howe, DePaolo and Rosen
TB 2022-12-12 (Filed 1/4) Pg. 4
6) Consider updates to Personnel Policies
Mr. Howe noted that these revisions come after a lot of discussion at the Personnel and
Organization and Employee Relations Committees as well as Union negotiations.
Minor changes were made.
TB Resolution 2022 - 088: Adoption of Revised Personnel Policies -several
Whereas, the Town has been negotiating with the Teamsters unit at Public Works Facility and
several policies have been discussed for changes and improvements, and
Whereas, the Employee Relations Committee and Personnel & Organization Committee have
reviewed the revised policies and recommend revising them for all staff of the Town, and
Whereas, the Teamsters Collective Bargaining agreement sets certain values for cell phone
reimbursement, safety toed shoe reimbursement and a uniform allowance which the Personnel
and Organization Committee recommends being the same values for any position in the Town
that also receives these benefits, now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca does hereby approve the revised policies
listed to replace the current policies in the Personnel Manual, and be it further
Resolved, that the Town Board approves extending the value established in the Teamsters
Agreement to those in positions that also receive cell phone reimbursement, safety toed shoe
reimbursement and a uniform allowance.
Revised Policies:
Termination of Employment, Holiday Policy, Other Employment Policy, Retiree Health
Insurance Policy, Call -in/ Call -Back Policy, Longevity, Pay Periods, Shift Differential, Health
Insurance, Short Term Disability, Parental Leave and Weather -Related Time Off Policy.
Moved: Pamela Bleiwas Seconded: Margaret Johnson
Vote: ayes — Bleiwas, Johnson, Howe, DePaolo, Rosen and Levine
7) Preliminary discussion of Key Priorities for 2023
Mr. Howe noted that he discussed the priorities the Board developed at their retreat with the
Management Staff, and this was an opportunity to just touch on that and at some point in the new
year, have a conversation about them with both Staff and Members. Many are continuations of
previous projects and goals, and we are also looking at our Mission and Vision Statement for
guidance.
Ms. Johnson said it would be good to keep them manageable and realistic.
8) Consider Consent Agenda
TB 2022-12-12 (Filed 1/4) Pg. 5
TB Resolution 2022 - 089: Consent Agenda
Resolved the Town Board approves/adopts the following:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — DePaolo, Bleiwas, Levine, Howe, Johnson and Rosen
TB Resolution 2022 - 089a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of August 22, 2022, with non- substantive
changes made if needed.
TB Resolution 2022 - 089b: Town of Ithaca Abstract No. 23 for FY-2022
Resolved that the governing Town Board hereby authorizes the payment of the following audited
numbered vouchers in total for the amounts indicated.
VOUCHER NOS. 1217 - 1383
General Fund Town Wide
21.1,078.97
General Fund Part -Town
41,467.62
Highway Fund Town Wide DA
8,137.48
Highway Fund Part Town DB
144,977.98
Water Fund
44,029.99
Sewer Fund
68,334.89
Fire Protection Fund
316,326.43
TOTAL
834,353.36
TB Resolution 2022 — 089c: Bolton Point Abstract
Resolved, that the governing Town Board authorizes the payment of the Southern Cayuga Lake
Intermunicipal Water Commission audited vouchers as listed:
Voucher Numbers: 517-573
Check Numbers: 201.3-20669
Capital Impr/Repl Project
Operating Fund
TOTAL
Less Prepaid
TOTAL
$ 6,425.51
$ 102,879.00
$ 109,304.51
$ 10,503.79
$ 98,800.72
TB 2022-12-12 (Filed 1/4) Pg. 6
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