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HomeMy WebLinkAboutTB Minutes 2017-03-27 Study Session of the Ithaca Town Board Monday, March 27, 2017 5:00 p.m. AGENDA 1. Update on IO Grant and Program 2. Discuss and consider granting a waiver from the Moratorium on two-family dwellings for a parcel on Coddington Rd 3. Committee Reports a. COC b. P&O c. Planning d. Public Works e. Budget 4. Consent Agenda a. Approval of Town Board Meeting Minutes b. Approval of Town of Ithaca Abstract 5. Review of Correspondence 6. Executive session to discuss the employment history of a particular person 7. Adjournment Study Session of the Ithaca Town Board Monday, March 27, 2017 at 5:00 p.m. Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, 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 Susan Brock, Attorney for the Town Mr. Goodman opened the meeting at 4:52 p.m. **No audio for this meeting; minutes done by memory and notes taken. 1. Update on IO Grant and Program (Attachment 1) Cayuga Lake Watershed Restoration and Protection Plan Ms. Hunter gave a brief overview of the history of the grant and the progress of the draft plan. Ms. Lambert then went through table of contents for the Plan. Ms. Lambert noted that there are 45 municipalities in the watershed which makes coordination difficult but it is happening and there seems to be more awareness and buy-in than ever before so this is a good time for this effort. 2. Discuss and consider granting a waiver from the Moratorium on two-family dwellings for a parcel on Coddington Rd There was a brief discussion on the layout of the house and the view from the road as it relates to a statement in the resolution regarding impacting and fitting in the neighborhood. The Board decided that the view was mainly of the historic house and there were no issues with it. TB Resolution 2017 - 045: Granting of a waiver from Town of Ithaca Local Law No. 5 of 2016 providing for a moratorium on new two-family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling, for a period of two hundred and seventy days. Whereas the Town Board adopted Local Law No. 5 of 2016, which was subsequently extended by adopting Local Law 2 of 2017, providing for a moratorium on two-family dwellings but providing for the granting of a waiver by the Town Board, and Whereas an application for a waiver was received and a public hearing held on March 13, 2017 at which time the public had an opportunity to speak in favor or against said waiver and the Town Board discussed the application, now therefore be it Resolved that the Town Board of the Town of Ithaca does hereby grant a waiver to Bill and Susan Lesser, owners, for 403 Coddington Rd, to be allowed to have a two-family on the TBS 2017-3-27 Page 1 of 4 property consisting of the existing structure and the historical house they moved to the property with the following findings based on the factors to be considered in the moratorium, section 4: 1. Unnecessary hardship to the petitioner, which hardship is substantially greater than any harm to the general public welfare that would result from the granting of the waiver (for the purposes of this local law, unnecessary hardship shall not be the mere delay in receiving an approval, the granting of which is otherwise stayed, during the period imposed by this local law). FINDING: The hardship to the petitioner is substantially greater given that the roof was damaged during the move of the historic house to its new location and cannot or should not be repaired before its final move and adjustment on its new foundation. Any delay in the repair or replacement of the roof leaves the structure open to deterioration and decay and the petitioners are required to rent the blocks and staging used during the move and in anticipation of the final move at a cost of$150 a month. Any delay in the final moving of the house may cause logistical problems with scheduling the movers during a busier season for them as well as the time to develop and produce drawings for a building permit. 2. The project's harmony(or lack thereof)with the existing character of the community as a whole and the area of the community in which the property is located, including but not limited to opportunities the project provides to protect historic resources. FINDING: The character of the neighborhood will not be impacted given that the historic house existed in the general area until recently and the proposed placement of the new combined structure is such that from the road, the main view is of the historic house and given that there are other two-family houses in the area and one is immediately next door. 3. Whether the application for which the relief is requested is consistent with any interim data, recommendations, or conclusions which may be drawn at the time of the public hearing from the aforementioned Town Board review and study. FINDNG: The Town continues to review and draft legislation associated with the goals of the moratorium but finds that the historic nature of the house and the timing of the moving of it outweighs any concerns on the final outcome of those deliberations. 4. Whether the application for which the relief is requested is consistent with proposed new or amended laws, ordinances or regulations, if and as such may exist at the time of the public hearing. FINDINGS: As stated in three above, the Board feels this is consistent with their desire to support the preservation of this historic house which meets the existing laws and ordinances, and be it further Resolved, that the Town Board appreciates the petitioner's efforts to preserve this particular historic house and work to develop it in such a way as to have a minimum impact in the neighborhood. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes DePaolo, Howe, Hunter, Leary, Levine, Goodman and Bleiwas TBS 2017-3-27 Page 2 of 4 3. Committee Reports a. COC—Mr. Goodman stated that there was no meeting this month but he would like to meet with Ms. Hunter and Mr. DePaolo prior to the April meeting regarding their concerns about the mural and sign laws. b. P&O—Ms. Bleiwas reported that they reviewed the IT procedures and suggestions from the Comptrollers regarding same. c. Planning—Mr. DePaolo reported that they reviewed the final draft legislation allowing drivethru's in residential commercial and moved it to the Board for action. Continued discussion on rental properties and Mr. Bates presented a way to track the properties through Municity and the existing Operating Permit procedures. More to come. Continued discussion on short-term rentals and the concerns from Renwick Heights. Mr. DePaolo and Mr. Bates are working on a letter for residents and owners of that neighborhood outlining the current regulations. d. Public Works—Mr. Howe reported thath they reviewed the GHD design of options for the Ellis Hollow Water Main project which is a 12" inch water main. The CIP schedule was discussed and items moved two years down due to Maplewood work load. Mr. Simkin came to the committee and presented his options for sewer service for his development which were not well received by the committee. He was not happy with that answer and we expect more communications to follow. e. Budget—Mr. Levine reported that they discussed long term debt projections and the proposal to set up a separate Town Wide Highway Fund for Cayuga Heights. Discussed having a joint meeting with PW to discuss maintaining roads to the level and costs budgeted rather than bonding for them. f Economic Development Committee —Mr. Howe reported that the contract for the study is just waiting for approval from counsel. 4. Consent Agenda—Items pulled to vote individually TB Resolution 2017 - 046: 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. 328 - 381 TBS 2017-3-27 Page 3 of 4 General Fund Townwide 92,383.15 General Fund Part-Town 16,530.64 Highway Fund Part-Town 16,675.40 Water Fund 11,261.70 Sewer Fund 5,716.10 Fire Protection Fund 255,000.00 Forest Home Lighting District 210.53 Glenside Lighting District 75.29 Renwick Heights Lighting District 93.12 Eastwood Commons Lighting District 189.01 Clover Lane Lighting District 22.49 Winner's Circle Lighting District 68.12 Burleigh Drive Lighting District 76.56 West Haven Road Lighting District 244.12 Coddington Road Lighting District 144.76 TOTAL_ 398,690.99 Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes—DePaolo, Howe, Hunter, Leary, Levine, Goodman and Bleiwas TB Resolution 2016 - 047: Approve Town Board Minutes of March 13, 201.7 Whereas, the draft Minutes of the March 13, 2017 meeting 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 as the final minutes of the meeting on March 13, 2017 of the Town Board of the Town of Ithaca. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes—DePaolo, Howe, Hunter, Leary, Levine, Goodman and Bleiwas 5. Review of Correspondence–None 6. Executive session to discuss the employment history of a particular person Motion made by Mr. Goodman, seconded by Mr. DePaolo at 5:59 p.m. Motion made to reenter open session and adjourn. 7. Adjournment Submitte by Paulette Rosa, Town Clerk TBS 2017-3-20 Page 4 of 4 �F(, / /1,,/%�1Rb�r�'���� r✓r // /ir/�d/r�i� ✓�d/lyt� I / ( i'/ yfp�✓�fl%iri l i✓ '/i f✓r/ //�xlt✓i/ l mP of 1 %///rr/i,✓f�/�// /f /r/4i/( �1^ ���(���� gm Cayuga Lake Watershed Restoration and Protection Plan 2017 Prepared for the Cayuga Lake Watershed Intermunicipal Organization by the Cayuga Lake Watershed Network March 2017 This document was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund. Cayuga Lake Watershed Restoration and Protection Plan 2017 Update D - nnn.al to be submitted to NYS DOS 3/30/1.7 Table of Contents Acknowledgements 2 Preface 6 I. Introduction 9 A. The 2017 Plan Update, Built on the 2001 Plan B. The Cayuga Lake Watershed: Brief Geographic Summary C. Vision and Goals of the Cayuga Lake Watershed Restoration and Protection Plan D. Purpose and Charge of the Cayuga Lake Watershed Intermunicipal Organization I1. Recommendations for Action 14 A. Top IO Priority Recommendations for Action B. Public Priority Recommendations for Action C. Expert Priority Recommendations for Action III. Water Quality Status and Water Quality Issues, including Geographic Areas of Concern 16 A. Water Quality Status 16 B. Water Quality Issues and Emerging Concerns 21 C. Recommended Actions to Implement Improvements in Water Quality Status, Water Quality Issues, and Geographic Areas of Concern 35 IV. Action Categories for Watershed Protection 36 With Background, Accomplishments, Goals and Recommendations A. Public participation p. 36/Recommendations, p.47 B. Watershed coordination, collaboration and partnerships --/49 C. Public watershed and water quality education 51/54 D. Agricultural practices and prospects 55/71 E. Stormwater management and erosion control 72/79 F. Wastewater systems 80/90 G. Hazardous waste management 91/99 H. Monitoring and assessment 100/106 1. Wetland and riparian corridor management 109/120 J. Forestry and silviculture management 122/128 K. Regulatory management 129/146 V. Appendices 148 1 Preface Continuity, change, and protection of our water resources It is a challenge to unify the administratively complex Cayuga Lake watershed for restoration, conservation and protection. This 785-square mile watershed includes: • Three counties on the lakeshore (Cayuga, Seneca and Tompkins) — and smaller upland portions of three additional counties (Cortland, Tioga, and Schuyler). • 45 municipalities (cities, towns and villages), full list: http://www.cayu awatershed•or /Cayuga`%>20Lake/RPY/caymun.htm ). • Numerous regional, state and federal agencies. • Development pressures that draw the south end of the lake to focus on the Southern Tier and New York City, and pull the north end of the lake to focus on Syracuse, Rochester, and Lake Ontario. Watershed unifiers include (among others) the Intermunicipal Organization of the Cayuga Lake Watershed (IO), the Cayuga Lake Watershed Network, and this updated Restoration c`% Protection Plan (2017). The IO and Plan enable the sharing of information, communication and resources across administrative boundaries, to protect the lake and water resources at the center of our lives. The surface water resources of the Cayuga Lake Watershed include wetlands, streams, springs, waterfalls, creeks and the lake itself. The area is also rich in groundwater resources. These waters are used for drinking water, farming, wine-making, cheeses, beers, liquors; recreation; industrial uses and wastewater treatment; home and business uses; natural habitat for plants and animals; to replenish depletion due to pollution, drought and overuse; ecosystem functions, and other uses. All watershed residents, visitors, businesses, and municipalities share and benefit from these water resources. All share the responsibility of protecting them. New watershed challenges have arisen since 2001 Since the first Plan was issued in 2001, new challenges have arisen that negatively affect water quality and quantity and the seemingly modest goal of a sustainable, healthy watershed. These challenges include climate change and extreme weather, resulting in the need for farmers and other producers to adapt; shifting patterns and seasons for wildlife, birds, tree species, other plants and biota; and shifting political and economic priorities that can quickly affect our ability to protect natural resources. These changes affect human use and enjoyment of land and water, and are introducing new hazards, including invasive species, large-scale energy development, drought, and emerging pollutants to the 2001 Plan list of concerns that were focused around sources of polluting runoff to the lake. We enhance the economic vitality of the region while protecting the environment by working together, via the Intermunicipal Organization (IO) and its many allied groups in local communities, and at county, state and federal levels. The IO and allies first developed a collaborative management plan and planning process for the Cayuga Lake watershed in the late 1990s. The original Restoration & Protection Plan was issued in 2001, and can be viewed here: httrs://www.cayu�awa.tershed.or�z/ . The accompanying 2 encyclopedic Watershed Characterization document can be viewed here: http,://www.cayugawatershed,org/ch,iracterization/ Updating the plan: A public process, 2015-2017 In 2015-2017, the IO and Cayuga Lake Watershed Network joined forces to update the plan under the fiscal sponsorship of the Town of Ithaca, with a grant from the NYS Department of State. The process drew in hundreds of people, dozens of agencies, and numerous experts to update the plan and recommendations for action to better protect our water resources. The central 2017 goals of the Cayuga Lake Watershed Restoration and Protection Plan (RPP) are: to inspire, to prioritize actions and strategies, and to bring about legislative change vital to protecting and preserving Cayuga Lake and its watershed. By supporting this plan, the Intermunicipal Organization (10), municipalities,farmers, residents, private and public partners, and watershed stakeholder nonprofit organizations can build a productive economy which sustains a healthy watershed. (See full RPP Goals statement, p. 11) Top priorities for next-steps action Water protection and improvement strategies that address public concerns, expert recommendations, and municipal needs have been listed and prioritized: • The Top Priority IO Action Recommendations are found in Section II, pp.14-15. • Public Priority Recommendations for Action are found in Section II, pp.14-15. • Expert Priority Recommendations for Action are found at the end of each of the Action Category chapters in Section IV, beginning on page 36. These water quality and quantity improvements and protections cannot happen overnight. Not all municipalities will see the benefits of implementation at the same time. Implementation of the plan will occur on a project-by-project basis, focused on the prioritized water quality threats and issues identified in the Plan. What is the bottom line for this plan to work? Cooperation between municipalities and active citizen participation are the critical components for the success of the Cayuga Lake Watershed Restoration and Protection Plan, and for the future good health of our lake, creeks, streams, springs, waterfalls, and wetlands. As stated in the IO's 2017 Purpose and Charge: The purpose of the Intermunicipal Organization is to bring the watershed municipalities together to work collectively and collaboratively on monitoring, protecting, and restoring the health of the watershed. (See full IO Purpose and Charge, p. 14) 3 Recommendations for Action A. Top IO Priority Recommendations for Action The Cayuga Lake Watershed Intermunicipal Organization (1O)'s top priority recommendations for action are drawn from the 2017 Plan's individual chapters and the work of water quality experts who contributed their time and expertise to the update. Additional input was provided by municipal staff and officials, non-profit organizations working on water quality issues, and engaged and interested citizens. Work on the update has coincided with New York State's phosphorous reduction project, the Whole Lake Phosphorus TMDL (Total Maximum Daily Load), necessitated by the listing of Cayuga Lake's southern shelf on the Federal Clean Water Act Section 303(d) list of impaired water bodies for both phosphorous and sediment. The TMDL, while yet to be finalized, has affirmed a regional understanding that the majority of phosphorous entering the lake comes from non-point sources. This, along with a verified understanding that the circulation of waters within the lake provides the possibility for events happening at one end of the lake to impact the waters of the other end, helped focus our recommendations. And finally, a 2016 grant awarded through the NYS Department of State Local Waterfront Revitalization Program (LWRP) provides funding to turn plan update recommendations into implementation projects. Fulfillment of the tasks outlined in the grant's plan of work has been factored into our recommendations. The IO has identified the following priorities. It is our intention to move these recommendations forward over the next 3 years. Upon completion of the upcoming LWRP project, the IO will revisit and update these recommendations. MONITORING Consistent monitoring of the lake and its tributaries is necessary for the restoration and protection of the watershed. 1. Develop and implement a monitoring plan for the entire watershed that is based on the 2008 Monitoring Plan for the South Basin of Cayuga Lake and the 2001 Framework for a Cayuga Lake Monitoring Plan. 2. Work with partners to ensure funding is established for long-term lake and tributary monitoring, expanding monitoring to include all tributaries draining into the lake. 3. Increase the frequency and regularity of monitoring in the lake. 4. Investigate the sources of phosphorus and E. coli in streams and ditches draining agricultural areas. 5. Implement phosphorus and chlorophyll monitoring, targeting areas near the mouths of streams that load large amounts of phosphorus to the lake that may be at risk of harmful algal blooms (HABs). 4 a , 6. Continue an aggressive hydrilla identification and eradication program. 7. Broaden monitoring efforts to include pesticides and emerging contaminants such as pharmaceuticals and microplastic particles. STORMWATER MANAGEMENT & EROSION CONTROL Stormwater runoff carries with it pollutants and sediment that threaten the health of the watershed. Efforts to understand and manage the watershed's stormwater drainage system are essential to maintaining water quality. 1. Design and develop a watershed-wide stormwater management strategy, modeled on the Stormwater Coalition of Tompkins County. 2. Create a GIS-based "asset" inventory of roadside ditches for the purpose of identifying best ditch management practices and developing a watershed-wide ditch management program. 3. Work with county Soil and Water Conservation District offices and local municipalities to promote the creation and restoration of stream and lakeside buffers. 4. Work with county Water Quality Coordinating Committees on development and promotion of wetland protection legislation. 5. Create an inventory of industrial and commercial water users, and document water export from the watershed. COLLABORATION AND COORDINATION There are 6 counties, 34 towns, 9 villages, and 1 city in the Cayuga Lake Watershed. Effective watershed restoration and protection efforts necessitate intermunicipal collaboration and cooperation. 1. Support relationships between county Soil and Water Conservation District offices and local municipalities around water quality improvement projects, including help identifying projects, project partners, and sources of funding. 2. Work with county Soil and Water Conservation District offices to foster relationships and communication with the agricultural community, including providing support for funding requests for water quality-related projects. 3. Work with county Planning Departments to recommend and distribute model legislation to local municipalities and for help in identifying and protecting critical resource areas. 5 4. Work with county Health Departments to establish and implement watershed- wide septic system inspections and regulations. 5. Work with state, county, and local highway departments to establish and implement a ditch management maintenance program. 6. Support local governments in their efforts to upgrade aging water and sewer infrastructure. PUBLIC EDUCATION AND ENGAGEMENT Cayuga Lake and its watershed are the defining features of our area, beloved by residents and visitors alike. Preserving, protecting, and restoring this natural and economic resource requires an engaged and committed public. 1. Work closely with the Cayuga Lake Watershed Network to strengthen relationships with existing and emerging community groups. 2. Support the educational efforts of the Cayuga Lake Floating Classroom and the Cayuga Lake Watershed Network. 3. Support the work of the Finger Lakes Land Trust in identifying and preserving critical resource areas. 4. Encourage state and local efforts to provide public access to the lake and its tributaries. 5. Support efforts to create and provide educational opportunities for area school children, focused on Cayuga Lake and its watershed. These priority recommendations for action were approved by the Cayuga Lake Watershed Intermunicipal Organization on March 22, 2017. 6