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HomeMy WebLinkAboutTB Minutes 2017-01-23 Meeting of the Ithaca Town Board Monday, January 23, 2017 at 4:30 p.m. Agenda 1. Call to Order 2. Pulled (already set) Consider setting a public hearing regarding a local law "Amend Town of Ithaca Code Chapter 239, entitled `Taxation' by adding a new Article VII entitled `Housing Trust Exemption' to partially exempt from Town taxation residential housing on land owned by housing trusts" 3. Discuss Maplewood project timelines and expectations 4. Discuss changes to the Maplewood Planned Development Zone (PDZ) 5. Pulled (already set) Consider setting a public hearing regarding the local law to amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood development between Maple Avenue and Mitchell Street 6. Consider setting a public hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements" 7. Continue discussion regarding moratorium on two-family dwellings and consider setting a public hearing to extend same 8. Discuss final draft of the Planning Department's "Recoding Ithaca: Zoning Review and Approach Report" 9. Continue discussion regarding the recent Housing Summit 10. Committee reports 11. Consider Consent Agenda items a. Approval of Town Board Minutes b. Town of Ithaca Abstract 12. Board Comments, Official's Reports and review of Correspondence 13. Consider executive session to discuss ongoing litigation—Badger Corporation 14. Adjournment Meeting of the Ithaca Town Board Monday, January 23, 2017 at 4:30 p.m. Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter (5:00 p.m.), Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources;Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Dan Tasman,Planner 1. Call to Order Meeting was called to order at 4:32 p.m. 2. Pulled Consider setting a public hearing regarding a local law "Amend Town of Ithaca Code Chapter 239, entitled `Taxation' by adding a new Article VII entitled `Housing Trust Exemption' to partially exempt from Town taxation residential housing on land owned by housing trusts" Mr. Goodman reported that this has been set for February 2nd at 5:30 p.m. He added that Mr. Franklin told him that the Town's assessment reduction would be approximately $50K per unit and there are 22 units for a total decrease $1.1M; he will report on the net effect at the meeting on the February 2nd 3. Discuss Maplewood project timelines and expectations Mr. Goodman stated that he wanted to get clarity from the Town Board regarding the plan to go ahead with an RFP process for the engineering services that would be needed to prepare drawings association with the new water tank and water lines for the project. Mr. Goodman asked Mr. Weber to report on the costs for the engineering in that RFP. Mr. Weber stated that he and Mr. Thaete went through the tank, the water line and other impacts during the installation of the water supply and he had originally estimated approximately $2.5M for the total project by making some general assumptions of 10% for design and 10% for construction administration would put the consultant services for the project around $500K. After reviewing it again, the total amount was slightly below the $2.5M and then adding the recent working with Aquastore and some real numbers from then, the cost would be between 10% and 15% of the total for the consultants resulting in approximately $320K to do the survey, plans and bid documents. He went on to say that the Town has been working with GHD for analysis on the tank site and we have contracted with them for around $SK and should have a report for the next Public Works Committee. Discussions also continue with Bolton Point regarding the control building and he is trying to set a meeting with the county to discuss their concerns related to the alignment of the water main because they plan on reconstructing Ellis Hollow Rd in the affected area as well as a drainage project. All of this affects what will be in the RFP for the design and construction administration services. TB 2017-01-23 pg 1 Mr. Goodman asked if that number is for both design and construction, some of those costs won't be incurred until 2018 and Mr. Weber responded that was correct. Mr. Goodman went on to say that there is also the issue of temporary water service for the project while the tank is being built and brought online because that won't happen in time for the desired move in date and TG Miller has presented some proposals for temporary services to Public Works and they are talking with Bolton Point about them. Mr. Goodman asked if the board was supportive of moving forward with the RFP and they were; Mr. Weber will put together the RFP and it will come back to the Board for authorization to award. Mr. DePaolo asked if it was a competitive process and Mr. Weber stated that we are not bound by the lowest response because these are consultant services with certain qualifications and knowledge being considered so there is some leeway to weigh companies that may be familiar with the area and stakeholders. Construction of the tank is a bid process strictly competitive on price. Mr. Bates reported that the demolition of the buildings has started and BDR has delivered the building plans already but he has not looked at them because they haven't finished the approval processes through Planning Board or Town Board so things may change. He added that he is working on the 911 addressing. Both Mr. Bates and Mr. Weber stated that it will be a tough two years coming up given the aggressive timeline of the project. Mr. Goodman stated that staff would appreciate the support of the board and any help we can give them as the project moves forward. 4. Discuss changes to the Maplewood Planned Development Zone(PDZ) Ms. Ritter noted that most of the changes dealt with the table showing setbacks and measurements and slight changes in the thresh holds to make sure it matches the site plan drawings. Mr. DePaolo asked why these changes were not discussed during the Planning Committee's review and Ms. Ritter responded that they are very small and found during the final detailed review of the finalized Site Plan documents. Mr. DePaolo asked if the underlying plans have changed and Mr. Tasman responded that they have not, these are changes to allow for a little flexibility in measurement and match the final site plan documents with the final PDZ language. The board asked for some minor clarifications and approved setting the public hearing. 5. Consider setting a public hearing regarding the local law to amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood development between Maple Avenue and Mitchell Street TB 2017-01-23 pg 2 TB Resolution 2017 - 015: Set a public hearinu reuardinu a proposed Local Law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Maplewood development between maple Avenue and Mitchell Street Resolved, the Ithaca Town Board will hold a public hearing at Town Hall, 215 N. Tioga St. on the 13th day of February 2017 at 5:30 p.m. for the purpose of considering a proposed Local Law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Maplewood development between maple Avenue and Mitchell Street. Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Howe, Hunter, Levine, Leary, Goodman, Bleiwas and DePaolo 6. Consider setting a public hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements" Mr. Goodman stated that the board had discussed this in the past when an issue arose with the timing of a water tank and the town can exempt itself from its own zoning especially in utility infrastructure. In those prior discussions, the board talked about wanting some review and public input, and Mr. Goodman stated that would happen at the Planning Board level during site plan process. Mr. Goodman would like to move forward with this exemption noting that the Public Works Committee also reviews these projects. Ms. Hunter asked if the Town Board would have any authority to change or refute any Planning Board decisions. Ms. Ritter responded that the Planning Board would be looking at the project through the SEQR process and they would have the authority to say it can't be that tall or must have this or that screening. Ms. Ritter thought the Planning Board would be looking at these types of project much more closely than the Town Board usually did. Mr. Weber would like the language expanded to include "appurtances"which would include other components of a water project. Mr. DePaolo stated that he did not think it looked good to exempt ourselves from those processes we hold our residents to. He asked what the purpose is, moving something through faster? But we are depriving the public of an opportunity to speak by removing one public hearing opportunity. He stated that he understands why we want to do it, but he also understands the person who may be in the shadow of the tank who might want the right to speak as many times as allowed. Ms. Ritter stated that she was asked to bring this topic to the Planning Committee over a year ago because of the problems with getting some things through the Comptroller's approval process and an issue came up a tank project and timing. She added that all neighbors within 500 feet of the project are notified of the public hearing by mail. Mr. DePaolo asked how often this was likely to happen and Mr. Goodman responded that since we have done most of them but Mr. TB 2017-01-23 pg 3 Weber added that there may be up to 5 or more with the buildout associated or identified by the Comprehensive Plan and in the future the tanks will be taller than the existing tanks to accommodate the town's needs. Mr. DePaolo said that might take 30 years. Ms. Bleiwas thought it was a narrowly defined use for public water so she was a little more comfortable given that. Mr. Goodman stated that he was actually comfortable not going to the Planning Board either but he would compromise on removing one and not both given that we can, by State Law, remove ourselves from a lot of approval processes and we are going to think these things through. Ms. Leary added that it saves staff time and by definition it is a public good so we would be asking ourselves in essence if this was ok. Mr. DePaolo stated that the Zoning Board routinely rules on requests that have local impact and that is why the neighbors or a variance request carry more weight than anyone else that may speak; if you are the direct neighbor, you can bring considerable weight to bear on the project and this would remove that opportunity. Mr. Goodman stated that this is to set the public hearing and we will have more time to discuss it at that time. TB Resolution 2017 - 016: Setting a Public Hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coveraee Requirements" Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on February 13, 2017 at 5:30 p.m. for the purpose of considering a public hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled"Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements, and be it further Resolved, that at such time and place all persons interested in said local law may be heard concerning the same, and it is further Resolved, that notice of this public hearing shall be published in the official newspaper of the Town and posted on the signboard of the Town of Ithaca, not less than 10 days and not more than 20 days prior to the hearing. Moved: Pat Leary Seconded: Tee-Ann Hunter Vote: Ayes—Leary, Hunter, Goodman, Howe, Bleiwas, Levine and DePaolo 7. Pulled Action Item—Discussion only Continue discussion regarding moratorium on two- family dwellings and consider setting a public hearing to extend same TB 2017-01-23 pg 4 Mr. Goodman noted that he has set the public hearing for a special meeting to be held on February 2, 2017 at 5:30 p.m. Mr. DePaolo reported that the Planning Committee is comfortable moving forward with a rental registry and some form of an owner occupancy requirement in certain zones and they suggested adding 6 month to the moratorium to allow the drafting of the legislation and enactment. Mr. Goodman stated that Ms. Brock suggested an exact end date and July 31, 2017 was used in the public hearing notice and draft local law for the public hearing on February 2nd Mr. DePaolo stated that we did exempt High Density Residential zones and owner-occupied residences from the moratorium so there is a fairly small group of people that may be affected by the extension. Mr. Goodman added that there is a financial hardship exemption process also. Mr. Bates said there have not been a lot of inquiries on it. Mr. DePaolo added that the Committee is also expecting existing properties to be grandfathered in and discussing allowing duplexes in certain areas which was something local developers wanted considered. Ms. Hunter asked about the thinking on owner occupancy requirements and Mr. DePaolo responded it is being discussed for new construction outside of high density zones. Mr. DePaolo stated that the Committee hopes to have draft legislation to discuss at the next meeting that will make it clear what is being proposed in the different areas and zones. 8. Discuss final draft of the Planning Department's `Recoding Ithaca: Zoning Review and Approach Report" Mr. Goodman noted that Mr. Tasman was here to answer questions and the Planning Committee went through this in detail and made some changes and he hoped to have this on the February meeting for acceptance. Mr. Tasman noted that minor changes are not called out while others are highlighted to indicate a change was made. Mr. Goodman added that there weren't many changes and the overall concept remains the same. Once this is accepted, a small working group will be formed to start drafting ordinance language for the new Form Based zoning. Mr. Goodman thanked the Planning Department, Planning Committee and Mr. Tasman for their work on this guide for the future. 9. Continue discussion regarding the recent Housing Summit Mr. Goodman started the conversation by noting one of the keynote speakers who talked about putting out an RFP for the type of development one would like to see and he thought that was more proactive than the usual reactive process that happens now. He thought it might be interesting to discuss that possibility and looking at what type of housing specifically we would like to see and where and put out an RFP for that. The South Hill intersection comes to mind and Mr. Monkemeyer has seemed interested in developing that area so it might be interesting to TB 2017-01-23 pg 5 look at ways we could encourage the type of development we would like to see. Discussion followed on the area's property owners and how to facilitate smart development in the area. 10. Committee reports a. Codes and Ordinances Mr. Goodman reported that the final changes have been drafted on the sign law and he needs to touch base with other board members about the mural law but hopes they can both come to the March Town Board meeting b. Personnel and Operations Ms. Bleiwas reported that a slight revision to the Noise ordinance and a new application form to address some recent questions about both is being drafted. The Domestic Violence and the Violence in the Workplace revised policy and procedures were reviewed and finalized for Board approval in February in preparation for training in March. c. Planning Mr. DePaolo reported that other than the moratorium extension and rental property oversight already discussed, the Committee also talked about drive-thru's upon request by the owner of the Dunkin Donuts at East Hill and the Committee decided that the law was arbitrarily drafted and we didn't feel that the character of the neighborhood would be adversely impacted if there was a drive-thru allowed so the language will be modified to allow that. d. Public Works Mr. Howe reported that Committee focusses on Maplewood and the water tank issues and Mr. Weber added that a report will be going out this week. e. Budget Mr. Levine reported that the first meeting was held and we set dates with priorities for discussion on each topic assigned to a meeting. There were no new topics or priorities suggested. They discussed the 2017 sales tax revenue which was down from 2015 and slightly below the budgeted amount. Mr. Goodman added that the Governor's latest idea is to require all Counties to come up with a tax savings plan and we won't know exactly what the process will look like until March, and the County Administrator has to put out a plan of some sort and then it will be on a ballot for residents to vote on. We again do not get any credit for existing shared services or savings. 11. Consider Consent Agenda Changes were made to the Town Board minutes of January 9, 2017. TB Resolution 2017 - 017: Adopt Consent Auenda 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 Moved: Tee-Ann Hunter Seconded: Eric Levine TB 2017-01-23 pg 6 Vote: Ayes—Hunter, Levine, Bleiwas, DePaolo, Goodman, Leary and Howe TB Resolution 2017 - 017a: Approval of Minutes of the December 12th and 29th, 2017 Whereas, the draft Minutes of the December 12th and 29th, 2016 and January 9, 2017 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved, that the Town Board hereby approves the submitted minutes, with corrections, as the final minutes of the meetings on December 12 and 29 h, 2016 and January 9, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 017b: Town of Ithaca Abstract 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. 34 - 107 General Fund Townwide 82,174.61 General Fund Part-Town 25,910.62 Highway Fund Part-Town 63,421.52 Water Fund 38,097.68 Sewer Fund 313,896.17 Fire Protection Fund 171.00 Trust and Agency 883.55 TOTAL 524,555.15 12. Board Comments, Official's Reports and review of Correspondence Mr. Goodman noted that the IDA is discussing PILOT agreements for solar farms and they will be presenting to TCOOG so he can report back then. 13. Consider executive session to discuss ongoing litigation —Badger Corporation Motion made by Mr. Goodman to enter executive session at 6:13p.m., seconded by Mr. Levine, unanimous. Motion made to reenter open session at 6:30 p.m., unanimous. TB 2017-01-23 pg 7 Meeting was adjourned at 6:31 p.m. Submi y AL� _. Paulette Rosa, Town Clerk TB 2017-01-23 pg 8