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HomeMy WebLinkAboutTB Minutes 2017-07-24 Meeting of the Ithaca Town Board Monday,July 24, 2017 at 4:30 p.m. aro t� 215 North Tioga Street, Ithaca,NY 14850 Agenda 1. Public Hearing regarding a proposed local law extending the moratorium on new two- family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling, through October 31, 2017 a. Consider adoption 2. Discuss Rental Operating Permit Program 3. Discuss request for establishing an open development zone for 185 Kendall Avenue 4. Discuss and consider award of contract for the 2017 Manhole Rehabilitation Project 5. Committee Reports Budget Planning Public Works Personnel and Organization Other or Intermunicipal 6. Report of Town Officials 7. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, 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 official newspaper,Ithaca Journal: P,ADVERTISEMENT/NOTICE NOTICE OF PUBLIC HEARINGS ❑ NOTICE OF ESTOPPEL TOWN OF ITHACA CE OF❑ NOTICE OF ADOPTION OF PUBLIC INTEREST NOnHEARINGe1JC ORDER The Ithaca Town board will hold a public hearing at Its meeting on July cora held at Town Hall,1, Aurora Local Law Extendingthe moratorium on new two- Room. 215 N. Tioga St., Ithaca, NY beginning at familydwellings and on the addition of a second 4:30 p.m. for the following g proposed local law: Ex- dwelling unit to an existing one-family dwelling new'two-familyadwellingis, and on the addition of a through October 31, 2017 second dwelling unit to an existing one-family dwell- ing, through October 31, 2017" At such time and place all persons interested in the proposed local law may be heard. Information on the foundsat ed Iwwwltown ltha alaw can e Location of Sign Board Used for Posting: ny.us or by contacting the Town Clerk's Office 1721n Clerk's office at 273- ' Paulette Rosa 215 North Tioga Street 7o 4n Clerk 017 Ithaca, NY 14850 7/14/17 Town website at www.town.ithaca.ny.L�s Date of Posting: Date of Publication: 7/14/2017 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) ///� Sworn-t nd subscribed before me this 4 `Y ay of —__ ' 2017. 2 Notary Public - Debre DeAugistine Notary Public-State of New No.01 DE6148035 Oualified in Tompkins County My Commission Expires June 19,20 - Meeting of the Ithaca Town Board Monday,July 24, 2017 at 4:30 p.m. 215 North Tioga Street, Ithaca,NY 14850 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, Mike Solvig, Director of Finance; Paulette Rosa, Town Clerk and Jim Weber,Highway Superintendent Meeting was called to order at 4:32 p.m. 1. Public Hearing regarding a proposed local law extending the moratorium on new two- family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling,through October 31, 2017 Mr. Goodman opened the public hearing at 4:33p.m.; there was no one present and the hearing was closed. TB Resolution 2017-084: Adopt Local Law 11 of 2017 Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling, Through October 31, 2017 Whereas, the Town Board of the Town of Ithaca adopted Local Law 5 of 2016 entitled 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 Seventy(270) Days; and Whereas, on February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017,"which local law is set to expire on July 31, 2017; and Whereas, the Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings and discussed draft legislation at its meetings on June 10, and June 26, 2017; and Whereas, the Town Board anticipates that its review, study and consideration of this legislation, can be completed by October 31, 2017; and Whereas, the Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second TB 2017-07-24 Pg. 1 dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation; and Whereas, extension of the moratorium until October 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation; and Whereas, at its meeting on July 10, 2017, the Town Board discussed a local law to extend the moratorium until October 31, 2017, and set a public hearing for July 24, 2017 at 4:30 p.m. to receive public comments on it; and Whereas, a notice of public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held at the Town Hall of the Town of Ithaca and all parties in attendance 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, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "adoption of a moratorium on land development or construction" pursuant to 6 NYCRR § 617.5(c)(30), and thus adoption of the proposed local law is not subject to review under SEQRA; now therefore be it Resolved, that Local Law 11 of 2017 entitled Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling,through October 31,2017 is hereby adopted, and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Rich DePaolo Seconded: Pat Leary Vote: Ayes —DePaolo, Leary, Hunter, Goodman,Bleiwas, Levine and Howe 2. Discuss Rental Operating Permit Program Mr. DePaolo reported from the Planning Committee discussion saying that the major questions surround the timing and whether some parts would be active before others due to staffing issues and how to roll this out. Possibilities include phasing in the registering and the inspections. There will have to be some targeted mailing to listed rentals as well as the media etc. Mr. DePaolo added that the most substantive issue discussed with Ms. Brock at the Committee was whether the town wants to allow separate rental units and some restrictions around that such as within a certain distance of the primary structure so there isn't a little house stuck in the TB 2017-07-24 Pg. 2 middle of open space in a Conservation Zone. The Committee is also looking at size restrictions with the working number being 800 square feet. The other talking point is looking at the definition of"family" and the "boarder" component. Mr. Bates had suggested that a boarder be allowed to remain in the primary unit regardless of whether or not the accessory unit is rented. In the high density zones, allowing true duplexes is also on the table to be discussed. 3. Discuss request for establishing an open development zone for 185 Kendall Avenue Mr. Goodman gave the history of this request and noted that we have done this for two other lots that had existing buildings on them. There are other vacant lots and something will eventually happen with those, but this one has a house on it and can't have a building permit until the issue is resolved. Mr. DePaolo reported that the Planning Committee reviewed this and recommends moving forward with establishing an Open Development Zone for this one site because the house is already built. There was some concern about setting a precedent for the other lots, but those lots do not have houses on them already that have received building permits in the past, so there is no comparison and therefore no precedent. Ms. Ritter added that Ms. Brock stated that these types of zones can be conditioned heavily. Mr. Goodman moved the request to the Planning Board for review and comments with Mr. DePaolo seconding, unanimous. 4. Discuss and consider award of contract for the 2017 Manhole Rehabilitation Project TB Resolution 2017-085: Authorization to Award the Contract for the 2017 Manhole Rehabilitation Proiect Whereas: The adopted 2017 Ithaca Town Budget included $300,000 for Sanitary Sewer Rehabilitation, which includes Manholes; 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, construction and implementation of the 2017 Manhole Rehabilitation Project (the "Improvement" or "Project") are a Type 11 Action because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; and Whereas: On July 17, 2017, the Director of Public Works/Highway Superintendent (Director)received bids for the Project; and Whereas: The Director has reviewed the bids and qualifications of the bidders and has determined the lowest responsive bid in the amount of $121,442.90 was made by the lowest TB 2017-07-24 Pg. 3 responsible bidder, Kenyon Pipe Inspection, LLC., 22 Helen Drive, Queensbury, NY 12804; now therefore be it Resolved: That the Town Board hereby authorizes the award of the contract for the Town of Ithaca 2017 Manhole Rehabilitation Project to Kenyon Pipe Inspection LLC.; and be it further Resolved: that the Town Supervisor is authorized to execute such contract subject to approval of the final contract documents by the Town Engineer and Attorney for the Town; and be it further Resolved: that the Director is authorized to approve change orders to such contract upon receipt of appropriate justification provided the maximum amount of such change orders shall not in the aggregate exceed $12,100.00 without prior authorization of this Board, and provided further that the total project cost, including contract, engineering, legal, inspection, and other expenses, does not exceed the maximum authorized cost of$133,542.90 for the project. Moved: Rod Howe Seconded: Pam Bleiwas Vote: Ayes —Howe, Bleiwas, Hunter, Goodman, Leary, DePaolo and Levine 5. Committee Reports Budget Committee—Mr. Levine reported that they discussed the Capital budget and with the preliminary assessed value increase,the tax bill for a typical house in the Town of Ithaca, excluding the Village will be 1% or approximately $17. Some people have experienced a significant increase in their assessments this year so of course those bills will be up significantly for that reason. There will be two Highway Funds which will allow the Village to begin paying for a portion of the services they receive. The Committee looked at the Sustainability position and the fact that the grant funding is over and the City had been considering a dedicated full time position but decided against it this year. This will be a discussion at the P&O Committee also with recommendations forthcoming. The Committee talked about the 96B sidewalk grant and asking IC for a substantial contribution since the project benefits almost exclusively the college. Others such as SHBC and new development might, but right now it's really the college. Planning—Discussed above Public Works—Mr. Howe reported that the bus tour is scheduled for August 4s' leaving from Public Works. Ms. Salon was present and talked about her issues with the driveway and the ditch and a time was set to meet with her onsite. Reviewed the specifications for the engineering and design public interest order associated with the Ellis Hollow Tank and Watermain project; Public Works is still reviewing the RFPs that were submitted. TB 2017-07-24 Pg. 4 The Committee received a complaint about signage in and around Penny Lane which was referred to the Town Board. Mr. Goodman explained that the residents basically feel that the tickets and fines are being waived and he spoke with the judges and they are not waived but the number is down. The placement and spacing of the signs is also correct. Some may be willing to pay the fine and there is nothing we can do about that. There was also a petition regarding the ditches on Towerview and Mr. Weber reported that it would be a very expensive project and the location is on the tour route. Personnel and Organization —Ms. Bleiwas reported that the committee reviewed the Corrective Action Plan for the recommendations from the NYS Comptrollers audit and forwarded it to the Town Board. The committee also reviewed the personnel budget and the personnel manual. Other or Intermunicipal Ms. Bleiwas reported that the Rec Partnership adopted its 2018 Budget with a 2% increase and the revised agreement is going out to Susan Brock as attorney for three of the municipalities. Mr. Levine explained how it worked in that the Youth Bureau has become the provider of the programs when something falls out of the Rec Partnership due to budget constraints, the programs are still offered through the Youth Bureau,just without any discounts. Mr. Goodman reported that Tompkins County Animal Control contract is up for renewal with no increase. Mr. Goodman reported on the County's shared services ideas which now include changing over to LED streetlights county wide. In the Town's case, we lease our streetlights and we would need to look at the cost benefit for purchasing and maintaining our own LED streetlights. 6. Report of Town Officials Mr. Goodman reported that: New phone system is scheduled to be installed tomorrow with the switch over happening Thursday afternoon. Reminder that the Town Picnic is Friday and a special meeting on Monday 31 st at 11:15 for the PIO/Tank Reviewed draft agenda for next meeting and noted that the study session is scheduled for August 28th rather than August 21st Ms. Rosa reported on the status of the FOIL request regarding deer management discussions/documents. Ms. Rosa explained the reasoning behind the ability to withhold certain documents under inter-and intra-agency guidelines. The Board discussed the issue and thought TB 2017-07-24 Pg. 5 the documents in question should be withheld under those provisions. The assumption is that exchanges of emails are exempt unless there is a compelling reason to release them, otherwise there may be restraint in discussing issues amongst ourselves, staff and other agencies. Ms. Rosa thanked the Board for their thoughts and stated that she would begin responding that inter and intra-agency documents were reviewed for the portions that must be public under law and those portions included. Ms. Rosa took the opportunity to remind the Board to forward any correspondence between themselves and residents or the general public since those are public documents. 7. Consent Agenda TB Resolution 2017-086: 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 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes —Howe,Hunter, Goodman, Levine, Leary, Bleiwas and DePaolo TB Resolution 2017-086a: Approval of Town Board Minutes of July 17,2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on July 17, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017-086 b: 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. 890 - 963 General Fund Townwide 48,087.80 General Fund Part-Town 1,163.07 Highway Fund Part-Town 312,381.16 TB 2017-07-24 Pg. 6 Water Fund 119,675.38 Sewer Fund 2,831.55 Risk Retention Fund 69.95 Fire Protection Fund 282,183.74 TOTAL 766,392.65 Executive Session At 6:02 p.m., Mr. Goodman moved to enter executive session to discuss the possible acquisition of real property where disclosure may affect the price, seconded by Rod Howe, unanimous. Mr. Goodman moved to reenter open session at 6:21 p.m.; Ms. Hunter seconding, unanimous. Meeting was adjourned upon a motion and a second at 6:22 p.m. Submitted Paulette Rosa, Town Clerk TB 2017-07-24 Pg. 7