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HomeMy WebLinkAboutTB Minutes 2025-07-14TB 2025-07-14 (Filed 7/21) Pg. 1 MEETING OF THE ITHACA TOWN BOARD July 14, 2025 Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Pamela Bleiwas, Rob Rosen, Margaret Johnson and Susie Gutenberger Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa, Town Clerk; Joe Slater, Director of Public Works; and David O’Shea, Director of Engineering 1. Call to order and Pledge of Allegiance – 5:30 p.m. 2. Persons to be heard and Board Comments - None 3. Consider setting public hearings regarding proposed local laws amending Town of Ithaca Code Chapter 175, “Lock boxes”; Chapter 18, “Notification of defects” and Chapter 270, “Zoning” and regarding the Preliminary Southern Cayuga Lake Intermunicipal Water Commission’s 2026 budget Mr. Howe noted that the SCLIWC budget proposes a 5% increase in water/sewer rates. TB Resolution 2025 - 069: Set public hearings regarding proposed local laws amending Town of Ithaca Code Chapter 175 “Lock Boxes”, Chapter 18 “Notification of Defects” and Chapter 270 “Zoning” and regarding adoption of the preliminary 2026 Budget for SCLIWC Resolved, that the Town Board will hold public hearings at their meeting on Monday, August 11, 2025, beginning at 5:30 p.m. at Town Hall, 215 N. Tioga St., and broadcast live via the ZOOM platform (material and link available on the Town’s website), on the following actions: 1. Proposed adoption of local laws: a. Repealing Chapter 175, “Lock Boxes”, as repetitive, and b. Amending Chapter 18, “Notification of defects”, clarifying types of submissions and updating certain processes, and c. Amending Chapter 270, “Zoning”, Article XXVI, Special Regulations, regarding short-term rentals uses and regulations in the Conservation Zone, and 2. Proposed adoption of the preliminary 2026 Budget for Southern Cayuga Lake Intermunicipal Water Commission as the Final 2026 Budget All people wishing to be heard shall be heard. Comments may also be submitted up to 4p.m. on the day of the meeting by USPS or via email, and during the public hearing on the ZOOM platform. TB 2025-07-14 (Filed 7/21) Pg. 2 Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes – DePaolo, Bleiwas, Howe, Levine, Rosen, Gutenberger and Johnson 4. Introduction of a Proposed Local Law adding a Landmarks Preservation chapter to the Ithaca Town Code and associated Intermunicipal Agreement with the City of Ithaca regarding a Joint Ithaca Landmarks Preservation Commission Mr. Howe gave an overview of the status of initiating a Joint Ithaca Landmarks Preservation Commission with the City. This has been going on for about 3 years, and the intent is to do a lot of public outreach over the next month with Brian McCracken and then hold a public hearing in September. The draft contract is for two years, through December 2027, with either a two- or three-year renewal unless either party gives one year notice of nonrenewal. The cost will be $30k annually with a cost of living increase each year and includes support from the City’s Historic Preservation staff. Mr. DePaolo asked whether there would be an eventual accounting of Mr. McCracken’s time to determine whether the payment amount is appropriate. Mr. Howe responded that the first two years would be a straightforward dollar amount, and Mr. McCracken will keep track of his time and there are deliverables spelled out for his time. Mr. Rosen asked why the Town had only two seats to the City’s five seats. Mr. Howe responded that they are looking for expertise in those seat positions and the person does not have to live in either the City or the Town; this is a very specialized field, and the goal is to get as much knowledge about historical renovation and preservation as possible. Mr. Rosen was concerned about the City making decisions on Town properties, saying that he was in favor of the preservation efforts, but thought this could be done in-house by a town committee. Mr. Howe added that we would be looking at how it goes for the first two years and make any needed adjustments after that trial period. Mr. DePaolo added that unlike some of our other intermunicipal arrangements, this one does seem to have the Town and the City aligned with the same goals and using the same criteria and there are no financial implications that would make the difference in representation important. Ms. Johnson added that she likes the phrase “adaptive reuse” and suggested the word “deconstruction” be used more heavily than “demolition” in the documents. TB 2025-07-14 (Filed 7/21) Pg. 3 5. Consider approval and authorization to sign a Use and Occupancy Permit associated with the Inlet Valley Sewer Project No comments or questions. TB Resolution 2025 - 070: Authorization to Accept NYSDOT Use and Occupancy Permit Conditions and Designate the Highway Superintendent as an Authorized Representative Whereas, the Town of Ithaca is undertaking the 2024 Inlet Valley Sewer Improvements Project (Project), which consists of making improvements to the Wonderland and Waldorf Pump station, and Whereas, the Waldorf pump station is located adjacent to 855 Five Mile Drive within the New York State Department of Transportation (NYSDOT) Right of Way, which required the Town of Ithaca to obtain a Use and Occupancy (U&O) Permit for the Project, and Whereas, NYSDOT has issued a U&O Permit for the Project, which requires the Town of Ithaca Town Board to formally accept all conditions of the permit and authorize a representative(s) to execute any documentation associated with the permit, and Whereas, the Use and Occupancy permit conditions, attached herein, have been reviewed by the Town Engineer and the Highway Superintendent and now, therefore be it Resolved, that the Town Board of the Town of Ithaca hereby accepts all conditions of the NYSDOT Use and Occupancy Permit issued in connection with the 2024 Inlet Valley Sewer Improvements Project, and be it further Resolved, that the Highway Superintendent is hereby authorized as the Town’s representative to sign any and all documentation associated with said permit on behalf of the Town of Ithaca Town Board. Moved: Susie Gutenberger Seconded: Margaret Johnson Vote: ayes – Howe, Levine, DePaolo, Bleiwas, Rosen, Gutenberger, and Johnson 6. Consider approval and authorization for a SOMRA agreement and easement associated with the Maplewood II project There were no comments or questions. TB Resolution 2025 – 071: Authorization for Town Supervisor to Sign the Stormwater Operation, Maintenance, and Reporting Agreement and Stormwater Related Easements Associated with Maplewood II Development Whereas, the Town of Ithaca Planning Board has granted Final Site Plan approval with conditions for the Maplewood II Development, and TB 2025-07-14 (Filed 7/21) Pg. 4 Whereas the Maplewood II project includes the construction of stormwater management and treatment facilities in accordance with NYSDEC and Town stormwater regulations, and Whereas, such approval was granted conditionally upon the construction, maintenance and implementation of approved stormwater facilities and/or other stormwater management practices, submission of stormwater inspection reports, and an agreement with the Town regarding the same, and Whereas, the Town requires execution of a Stormwater Operation, Maintenance, and Reporting Agreement (SOMRA) and associated permanent stormwater and access easements to ensure long-term maintenance and inspection access to the stormwater facilities, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the Town Board has determined that execution of the proposed Stormwater Operation, Maintenance and Reporting Agreement, and the proposed Permanent Stormwater and Access Easements and Right-of-Way, is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus this action is not subject to review under SEQRA; now therefore be it Resolved that the Town Board authorizes the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and associated permanent stormwater easements associated with the Maplewood II Development project, subject to the review by the Attorney for the Town and approval of the Town Engineer. Moved: Rod howe Seconded: Margaret Johnson Vote: ayes – Howe, Johnson, Bleiwas, Levine, DePaolo, Rosen and Gutenberger 7. Consider Authorization to Apply for Funding through the 2025 Environmental Protection Fund Grants Program for Historic Preservation of Town Hall Mr. Howe referred to the memo from Hillary Swartwood. There were no questions. TB Resolution 2025 - 072: Authorization to Apply for Funding through the 2025 Environmental Protection Fund Grants Program for Historic Preservation of Town Hall Whereas, the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) has announced the availability of funding under the 2025 Environmental Protection Fund Grants Program for Parks, Recreation and Heritage, which includes a category for historic preservation, and Whereas, the maximum assistance allowed toward the cost of the project is $675,000, with a 25% local match required, and TB 2025-07-14 (Filed 7/21) Pg. 5 Whereas, the Town of Ithaca is seeking to restore and weatherize the historic Town Hall facility, excluding the post office, and includes insulating the exterior walls, replacing single pane glass with insulated glass within the historic windows, replacing exterior doors, air sealing, replacement of lighting fixtures with LED fixtures, installation of lighting controls, and other associated items, and Whereas, the Town estimates the total cost to be approximately $2 million to $3 million for the total weatherization upgrades, outlined further in the application for this historic preservation grant, and Whereas this is a Type II action, pursuant to 6 NYCRR Part 617.5(c)(2), as it would be a "replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes, unless such action meets or exceeds any of the thresholds in 617.4 of this Part." and Whereas, grant applications are due by July 31, 2025, now, therefore be it Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby authorized and directed to file an application for the historic preservation of the historic Town Hall under the 2025 Environmental Protection Fund Grants Program for Parks, Recreation and Heritage in an amount not to exceed $675,000, and upon approval of said request to enter into and execute a project agreement with OPRHP for such financial assistance to the Town of Ithaca. Moved: Rob Rosen Seconded: Margaret Johnson Vote: ayes – Howe, Johnson, Bleiwas, Levine, DePaolo, Rosen and Gutenberger 8. Consider approval of revised Fee Schedule Mr. Howe noted the one change was an increase in the escrow amount for Personal Wireless Service Facility applications, which was decreased from $5K to $3K a few years back, but it has been shown to need to be back to the original amount and we will track and review costs to determine if it needs to be raised any higher in the future. TB Resolution 2025 - 073: Approval of revised Fee Schedule Whereas the recommendation was made by Town Counsel to increase the amount for the initial escrow associated with Personal Wireless Service Facility, now, therefore be it Resolved, that the Town Board approves and adopts the revised Fee Schedule as submitted, effective July 15, 2025. Moved: Eric Levine Seconded: Rich DePaolo Vote: ayes -- Howe, Johnson, Bleiwas, Levine, DePaolo, Rosen and Gutenberger TB 2025-07-14 (Filed 7/21) Pg. 6 9. Consider Consent Agenda TB Resolution 2025 - 074: Adopt Consent Agenda a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of the Bolton Point Abstract d. Approval of a Water/Sewer High Consumption Refund Request e. Approval of permanent appointments – Engineering f. Approval of revised Director of Engineering job description g. Ratify appointment of Water Treatment Plant Operator – SCLIWC h. Acknowledge receipt of SCLIWC Independent Audit for FY 2024 i. Approval of an amendment to the 2025 Expenditure of Highway Monies Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes – DePaolo, Bleiwas, Levine, Howe, Rosen, Gutenberger and Johnson TB Resolution 2025 – 074a: Approval of Town Board Minutes Resolved that the draft minutes of June 23, 2025, are adopted as final with any non-substantive changes made. TB Resolution 2025 - 074b: Approval of Town of Ithaca Abstract No. 13 for FY-2025 Resolved that the Town Board authorizes payment of the following audited vouchers for the amounts indicated: VOUCHER NOS. 2025 574 - 644 General Fund Town Wide 77,507.17 General Fund Part-Town 22,589.72 Highway Fund Town Wide DA 3,112.09 Highway Fund Part Town DB 210,633.21 Water Fund 37,832.14 Sewer Fund 46,868.68 Capital Projects 14,132.25 Fire Protection Fund 2,425,971.31 TOTAL 2,838,646.57 TB Resolution 2025 – 074c: Approval of Bolton Point Abstract Resolved that the governing town board hereby authorizes the payment of the audited vouchers as listed: Voucher Numbers: 258-307 Check Numbers: 21278-21327 TB 2025-07-14 (Filed 7/21) Pg. 7 Capital Impr/Repl Project $ 21,032.75 Operating Fund $ 115,999.27 TOTAL $ 137,032.02 TB Resolution 2025 - 074d: Sewer Utility Use Refund - Tax Parcel 28.-1-28.7 Whereas, Tax Parcel 28.-1-28.7, Michael Olszewski and Susan Terwilliger, owners of the property at 622 Elm Street Extension, were billed for sewer usage over the last two year while building a new structure on the aforementioned address, and Whereas, Mr. Olszewski and Ms. Terwilliger requested a refund due to a delay in their construction process in which they hooked up the exterior sewer pipe but did not have plumbing fixtures installed inside for a considerable amount of time after the exterior connection , and Whereas, the Town’s Internal Review Panel conducted a review, talked to the building code official assigned to the project, and determined that the internal fixtures had not been installed for approximately 2 years, from 2023-2025, and Whereas, it was determined that the sewer resident should receive a partial refund of their request of $613.97 since their fixtures were utilized starting in May of 2025, now, therefore be it Resolved, that the Town Board approves and authorizes the refund of $526.26 to be paid from the sewer fund to the property owner. TB Resolution 2025 – 074e: Approve Permanent Appointments of Engineering Positions Whereas David O’Shea was provisionally appointed as the Director of Engineering, effective July 28, 2024, pending the next civil service exam; and Whereas Emily Rodgers, effective May 20, 2024, and Sam Harris, effective September 8, 2024, were provisionally appointed as Civil Engineers, pending the next civil service exam; and Whereas the Tompkins County Civil Service office has provided the certificate of eligible listing for the said titles and the staff were reachable candidates; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby approve the permanent appointments of David O’Shea to the position of Director of Engineering, and Emily Rodgers and Sam Harris to the position of Civil Engineer with no change in current compensation or benefits, retroactive to June 25, 2025. TB Resolution 2025 - 074f: Approval of Revised Director of Engineering Job Descriptions Whereas, the Personnel and Organization Committee reviewed the revisions made to the Director of Engineering job description to bring it up to date and recommend approving the revised job descriptions; now, therefore, be it TB 2025-07-14 (Filed 7/21) Pg. 8 Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description for Director of Engineering. TB Resolution 2025 - 074g: Ratify Permanent Appointment of Water Treatment Plant Operator at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on July 3, 2025, appointed Christopher McKane to the Water Treatment Plant Operator position- Permanent Status, retro-active to June 1, 2025; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s Permanent appointment Christopher McKane to the Water Treatment Plant Operator position, retro-active to June 1, 2025, at $30.32 per hour with no change to full-time benefits. TB Resolution 2025 - 074g: Acknowledge receipt of FY 2024 Independent Audit – SCLIWC Resolved that this Board acknowledges receipt of the Independent Audit for Fiscal Year 2024 submitted by Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point). TB Resolution 2025 – 074i: Approval of 2025 Agreement for Expenditure of Highway Monies – Revised to Include McIntyre Place Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2025: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: GENERAL REPAIRS. The sum of $300,000 shall be set aside to be expended for primary work and general repairs of town highways, including sluices, culverts, pavement markings, guiderails, surface treating and bridges having a span of less than five feet and walks or the renewals thereof. PERMANENT IMPROVEMENTS. The sum of $130,000 shall be set aside to be expended for the permanent improvement of town highways, such as paving and should repairs, that are not included in the capital project section below. 1. The sum of $54,000 shall be set aside to be expended for the permanent improvement of a portion of Forest Home Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.57 miles of road TB 2025-07-14 (Filed 7/21) Pg. 9 2. The sum of $52,000 shall be set aside to be expended for the permanent improvement of a portion of Judd Falls Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 1.57 miles of road 3. The sum of $82,000 shall be set aside to be expended for the permanent improvement of Drew Road to re- establish shoulders, mill asphalt, and install an asphalt overly on 0.98 miles of road 4. The sum of $39,000 shall be set aside to be expended for the permanent improvement of Longview Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.18 miles of road 5. The sum of $62,000 shall be set aside to be expended for the permanent improvement of Max’s Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.55 miles of road 6. The sum of $208,000 shall be set aside to be expended for the permanent improvement of Vera Circle to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.20 miles of road 7. The sum of $136,000 shall be set aside to be expended for the permanent improvement of Woodgate Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.72 miles of road 8. The sum of $363,000 shall be set aside to be expended for the permanent improvement of King Road West (from approximately #333 West King Road to Dany Road a.k.a. route 96B to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.72 miles of road 9. The sum of $95,000 shall be set aside to replace and / reset the various guard rails along the length of West King Road in its entirety. 10. The sum of $12,000 shall be set aside to be expended for the permanent improvement of McIntyre Place to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.09 miles of road 10. Reports from Town Officials Mr. Howe reported that there will be a formal open house for the new East Hill Fire Station in the Fall; the litigation regarding the cell tower is moving along, with a mediation meeting in Syracuse with certain members of the Zoning Board of Appeals; litigation regarding the Cornell Field Hockey artificial turf continues, with a hearing on improper service this week. MEETING OF THE ITHACA TOWN BOARD July 14, 2025 @ 5:30 p.m. 215 N. Tioga St YouTube Link Zoom Link AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and Board Comments 3. Consider setting public hearings regarding proposed local laws amending Town of Ithaca Code Chapter 175, “Lock boxes”; Chapter 18, “Notification of defects” and Chapter 270, “Zoning” and regarding the Preliminary Southern Cayuga Lake Intermunicipal Water Commission’s 2026 budget 4. Introduction of: a. Proposed Local Law adding a Landmarks Preservation chapter to the Ithaca Town Code and associated Intermunicipal Agreement with the City of Ithaca regarding a Joint Ithaca Landmarks Preservation Commission 5. Consider approval and authorization to sign a Use and Occupancy Permit associated with the Inlet Valley Serwer Project 6. Consider approval and authorization for a SOMRA agreement and easement associated with the Maplewood II project 7. Consider Authorization to Apply for Funding through the 2025 Environmental Protection Fund Grants Program for Historic Preservation of Town Hall 8. Consider approval of revised Fee Schedule 9. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of the Bolton Point Abstract d. Approval of a Water/Sewer High Consumption Refund Request e. Approval of permanent appointments – Engineering f. Approval of revised job description – Director of Engineering g. Ratify appointment of Water Treatment Plant Operator – SCLIWC h. Acknowledge receipt of SCLIWC Independent Audit – 2024 i. Approval of an amendment to the 2025 Expenditure of Highway Monies 10. Reports from Town Officials 11. Review of Correspondence Ms.Fitzgerald reported that she attended the Chamber of Commerce Round Table and the County is funding the Ithaca Airport by guaranteeing certain fees collected for a third incoming Delta flight and they talked a lot about ensuring that Air BnB’s and similar are paying the room tax and sales tax fees. Ms.Randall reminded the group that there will be a Public Forum on the new Flood Maps and the insurance implications here at Town Flail tomorrow night. 11.Review of Correspondence -None The meeting was adjourned upon a motion and a second,unanimous. Subrjiijted by Paulette Rosa,Town Clerk Pg.10TB2025-07-14 (Filed 7/21)