HomeMy WebLinkAboutTB Minutes 2022-11-28MEETING OF THE ITHACA TOWN BOARD
November 28, 2022 @ 4:30
AGENDA
This meeting will also be broadcast via ZOOM LINK YOUTUBE LINK for your convenience
1. New Neighborhood Code – South Hill TND Presentation
2. Public Hearing regarding a public interest order authorizing and establishing the proposed
Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement
& Area
3. Consider a resolution Authorizing the Issuance of $1,017,444 Serial Bonds of the Town of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Sewer Improvements to
Serve Forest Home Pump Station Sewer Improvement Area
4. Consider approval of:
a. Teamsters Contract 2023-2024
b. 2023 Office and Field Classification Wage Scales
c. 2023 Town Wages
5. Consider setting a public hearing regarding a local law to rescind and replace Town of Ithaca
Code Chapter 125, Building Construction, to reflect updates as required by New York State
law
6. Consider a Sewer exemption request for 1307 Trumansburg Rd
7. Consider approval of modification of a Water Easement and Grant of Access Easement to
Town of Ithaca at 26 Dove Drive
8. Consider a request for a reduction in fee for a building permit extension
9. Consent Agenda
a. Town Board Minutes
b. Town of Ithaca Abstract
c. Revised 284 Highway Agreement
10. Reports from Committees
a) Budget
b) Personnel and Organization/ERC
c) Public Works
d) Planning
e) Codes & Ordinances
f) Parks & Trails
Meeting will adjourn with Training to follow by Judy Drake
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:
ADVERTISEMENT/NOTICE
NOTICE OF PUBLIC HEARINGS
NOTICE OF ESTOPPEL
NOTICE OF ADOPTION OF PUBLIC
INTEREST ORDER
2023 CoddingtonlTroy Pump Station Backup
Generator &Water Improvement Area
Location of Sign Board Used for Posting:
Town Clerk’s Office
215 North Tioga Street
Ithaca,NY 14850
Town website at www.town.ithaca.ny.us
BECKY L.JORDAN
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01106186381
Qualified in Tompkins County
Commission Expires APRIL 28,20Z-#
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this I Sday
of WtV&7Lk2-€--’L ,
41/fjJ%dayc
I4otary Pub96
e Sithacajournal
Public Notice
Originally published at ithacajournal.com on 11/15/2022
Town of Ithaca Notice of Public Hearing TB Resolution 2022 167:Order Setting a Public Hearing Regarding a
Proposed Water Improvement for the Town of Ithaca,Tompkins County,New York,pursuant to Article 12-C of the Town
Law,to be known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement and
establishing the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area.
Present:Rod Howe,Supervisor;Members Rich DePaolo,Eric Levine,Pamela Bleiwas,Bill Goodman,Rob Rosen and
Margaret Johnson Moved:Rod Howe Seconded:Rich DePaolo Whereas,a map,plan and report,including an estimate
of cost,have been duly prepared in such manner and in such detail as has heretofore been determined by the Town
Board of the Town of Ithaca,Tompkins County,New York,relating to the establishment and construction,pursuant to
Article 12-C of the Town Law,of water system improvements to be known and identified as the Town of Ithaca 2023
Coddington/Troy Pump Station Backup Generator Water Improvement (the Improvement),to provide such Improvement
to the present Town water system to serve a benefitted area in said Town to be known as Town of Ithaca 2023
Coddington/Troy Pump Station Backup Generator Water Improvement Area (the Water Improvement Area);and
Whereas,the area of said Town determined to be benefited by said Water Improvement Area consists of the entire area
of said Town excepting therefrom the area contained within the Village of Cayuga Heights,and the Water Improvement
Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully
shown upon a map on file in the office of the Town Clerk,which map is available for inspection by any person or persons
interested in same during regular office hours at said office;and Whereas,said map,plan and report,including estimate
of cost,were prepared by a competent engineer,duly licensed by the State of New York and have been filed in the office
of the Town Clerk of said Town,where the same are available during regular office hours for examination by any person
or persons interested in the subject matter thereof;and Whereas,the Improvement proposed in connection with the
establishment of the Water Improvement Area consists of the installation of two (2)backup generators (one next to an
existing Town of Ithaca water pump station at 514 Coddington Road,and one next to an existing Town of Ithaca water
pump station at 156 Coddington Road)and associated automatic transfer switches as well as other ancillary and
incidental improvements and expenses in connection therewith,at a maximum estimated cost of $250,000;and
Whereas,said maximum estimated cost shall be authorized to be financed by the issuance by the Town of Ithaca of its
serial bonds with a maximum maturity not in excess of the forty-year period prescribed by the Local Finance Law;
provided,however,grants-in-aid may be received and utilized therefor;and Whereas,it is proposed that the cost of the
Improvement shall be borne by the real property in said Water Improvement Area by assessing,levying upon and
collecting from the several lots and parcels of land within such Water Improvement Area,outside of any villages,which
the Town Board shall determine and specify to be especially benefitted by the Improvement,an amount sufficient to pay
the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial
bonds,as the same become due and payable;and Whereas,said maximum estimated cost is not greater than one-
tenth of one per centum of the full valuation of the taxable real property in the area of the Town of Ithaca outside of any
villages and,therefore,in accordance with the provisions of subdivision 13(a)of Section 209-q of the Town Law,the
permission of the State Comptroller is not required for such Improvement and the establishment of said Water
Improvement Area;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 Improvement are a Type II Action because the Action constitutes purchase of equipment and
construction or expansion of a primary or accessory/appurtenant,non-residential structure or facility involving less than
4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local
land use controls,but not radio communication or microwave transmission facilities,and thus approval,construction and
implementation of the Improvement are not subject to review under SEQRA,and Whereas,it is now desired to call a
public hearing for the purpose of considering said map,plan and report,including estimate of cost,and the providing of
the Improvement,and to hear all persons interested in the subject thereof concerning the same,all in accordance with
the provisions of Section 209 q of the Town Law;now,therefore,be it Ordered,by the Town Board of the Town of
Ithaca,Tompkins County,New York,as follows:Section 1.A public hearing shall be held by the Town Board of the Town
of Ithaca,Tompkins County,New York,at the Town Hall,215 North Tioga Street,in Ithaca,New York,in said Town,on
November 28,2022,at 4:30 o’clock P.M.,Prevailing Time,to consider the aforesaid map,plan and report,including
estimate of cost,and the question of providing the Improvement,and to hear all persons interested in the subject thereof
authorized and directed to cause a copy of this Order to be published once in the official newspaper,and also to post a
copy thereof on the Town signboard maintained by the Town Clerk,not less than ten (10)nor more than twenty (20)
days before the day designated for the hearing as aforesaid,all in accordance with the provisions of Section 209 q of the
Town Law.Section 1 This Order shall take effect immediately.The question of the adoption of the foregoing Order was
duly put to a vote on roll call,which resulted as follows:Rod Howe,aye;Rich DePaolo,aye;Eric Levine,aye;Pamela
Bleiwas,aye;Bill Goodman,aye;Rob Rosen,aye;and Margaret Johnson aye.11/15/22
MEETING OF THE ITHACA TOWN BOARD
215 N.Tioga St.,Ithaca,NY Tompkins County
November 14,2022 at 5:30 p.m.
TB Resolution 2022 -167:Order Setting a Public Hearing Regarding a Proposed Water
Improvement for the Town of Ithaca.Tompkins County,New York,pursuant to Article 12-
C of the Town Law,to be known as the Town of Ithaca 2023 CoddingtonlTroy Pump Station
Backup Generator Water Improvement and establishing the Town of Ithaca 2023
Coddington)Troy Pump Station Backup Generator Water Improvement Area.
Present:Rod Howe,Supervisor;Members Rich DePaolo,Eric Levine,Pamela Bleiwas,Bill
Goodman,Rob Rosen and Margaret Johnson
Moved:Rod Howe Seconded:Rich DePaolo
Whereas,a map,plan and report,including an estimate of cost,have been duly prepared in
such manner and in such detail as has heretofore been determined by the Town Board of the Town
of Ithaca,Tompkins County,New York,relating to the establishment and construction,pursuant
to Article 12-C of the Town Law,of water system improvements to be known and identified as
the Town of Ithaca 2023 Coddington!Troy Pump Station Backup Generator Water Improvement
(the “Improvement”),to provide such Improvement to the present Town water system to serve a
benefitted area in said Town to be known as Town of Ithaca 2023 CoddingtonlTroy Pump Station
Backup Generator Water Improvement Area (the “Water Improvement Area”);and
Whereas,the area of said Town determined to be benefited by said Water Improvement
Area consists of the entire area of said Town excepting therefrom the area contained within the
Village of Cayuga Heights,and the Water Improvement Area boundaries shall consist of the entire
area of said Town outside of the Village of Cayuga Heights as more hilly shown upon a map on
file in the office of the Town Clerk,which map is available for inspection by any person or persons
interested in same during regular office hours at said office;and
Whereas,said map,plan and report,including estimate of cost,were prepared by a
competent engineer,duly licensed by the State of New York and have been filed in the office of
the Town Clerk of said Town,where the same are available during regular office hours for
examination by any person or persons interested in the subject matter thereof and
Whereas,the Improvement proposed in connection with the establishment of the Water
Improvement Area consists of the installation of two (2)backup generators (one next to an existing
Town of Ithaca water pump station at 514 Coddington Road,and one next to an existing Town of
Ithaca water pump station at 156 Coddington Road)and associated automatic transfer switches as
well as other ancillary and incidental improvements and expenses in connection therewith,at a
maximum estimated cost of $250,000;and
Whereas,said maximum estimated cost shall be authorized to be financed by the
expenditure of cun ent revenues and surplus hinds from water rates and charges from said Water
Improvement Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum
maturity not in excess of the forty year period prescribed by the Local Finance Law;provided,
however,grants-in-aid may be received and utilized therefor;and
1
Whereas,it is proposed that the cost of the Improvement shall be borne by the real property
in said Water Improvement Area by assessing,levying upon and collecting from the several lots
and parcels of land within such Water Improvement Area,outside of any villages,which the Town
Board shall determine and specify to be especially benefitted by the Improvement,an amount
sufficient to pay the cost or the principal and interest on serial bonds and bond anticipation notes
issued in anticipation of the issuance of serial bonds,as the same become due and payable;and
Whereas,said maximum estimated cost is not greater than one-tenth of one per centum of
the full valuation of the taxable real property in the area of the Town of Ithaca outside of any
villages and,therefore,in accordance with the provisions of subdivision 13(a)of Section 209-q of
the Town Law,the permission of the State Comptroller is not required for such Improvement and
the establishment of said Water Improvement Area;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 Jmprovement are a Type Ii Action because
the Action constitutes “purchase of...equipment”and “construction or expansion of a primary or
accessory/appurtenant,non-residential structure or facility involving less than 4,000 square feet of
gross floor area and not involving a change in zoning or a use variance and consistent with local
land use controls,but not radio communication or microwave transmission facilities,”and thus
approval,construction and implementation of the Improvement are not subject to review under
SEQRA,and
Whereas,it is now desired to call a public hearing for the purpose of considering said map,
plan and report,including estimate of cost,and the providing of the Improvement,and to hear all
persons interested in the subject thereof concerning the same,all in accordance with the provisions
of Section 209-q of the Town Law;now,therefore,be it
Ordered,by the Town Board of the Town of Ithaca,Tompkins County,New York,as
follows:
Section 1.A public hearing shall be held by the Town Board of the Town of Ithaca,
Tompkins County,New York,at the Town Hall,215 North Tioga Street,in Ithaca,New York,in
said Town,on November 28,2022,at 4:30 o’clock P.M.,Prevailing Time,to consider the aforesaid
map,plan and report,including estimate of cost,and the question of providing the Improvement,
and to hear all persons interested in the subject thereof concerning the same and to take such action
thereon as is required by law.
Section 2.The Town Clerk is hereby authorized and directed to cause a copy of this Order
to be published once in the official newspaper,and also to post a copy thereof on the Town
signboard maintained by the Town Clerk,not less than ten (10)nor more than twenty (20)days
before the day designated for the hearing as aforesaid,all in accordance with the provisions of
Section 209-q of the Town Law.
2
Section 3.This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,which
resulted as follows:Rod Howe,aye;Rich DePaolo,aye;Eric Levine,aye;Pamela Bleiwas,aye;
Bill Goodman,aye;Rob Rosen,aye;and Margaret Johnson aye.
The resolution was thereupon declared duly adopted.
STATE OF NEW YORK)
COUNTY OF TOMPKINS)SS:
TOWN OF ITHACA:
I,Paulette Rosa,Town Clerk of the Town of Ithaca,do hereby certify that the above resolution is
an exaci copy of the same adopted by the Ithaca Town Board at a meeting on the 14111 day of November
2022.
SEAL tteRos,wnIerk
3
TB 2022-11-28 (Filed 2/9) Pg. 1
MEETING OF THE ITHACA TOWN BOARD
November 28, 2022 @ 4:30
Minutes
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson
Present: Judy Drake, Marty Moseley, Sue Ritter, Paulette Rosa, Joe Slater, Donna Shaw, and
Dan Thaete
Mr. Howe opened the meeting at 4:30 p.m.
1. New Neighborhood Code – South Hill TND Presentation
Geoff Dyer went through his presentation (Attachment 1)
Ms. Ritter stated that the next step is for the Town to work with the consultants to set the final
deliverables and put together and application to start the regulating plan process, including the
SEQR process.
The Board asked about the alleyways and consideration for transit access and other modes of
transportation.
Mr. Dyer explained the alleyways are to link streets working with existing homes and go with
the space constraints of this particular node. Bus transit would be in the center, but that is
something that happens through the regulating plan for each specific site.
Mr. DePaolo asked if the plan would have been different without the input or
concerns/negotiations with the stakeholders.
Mr. Dyer responded that his initial concept was different, but this one is just as buildable and he
had to depend on staff and the stakeholders for what would work in this area as he is not from the
area. He said there were no major sticking points, and the end result is a good plan.
The Board was in favor of moving forward in the process.
2. Public Hearing regarding a public interest order authorizing and establishing the
proposed Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator
Water Improvement & Area
Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was
closed. No comments from the Board.
TB Resolution 2022 - 176: Public Interest Order - Water Improvement for the Town of
Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be
TB 2022-11-28 (Filed 2/9) Pg. 2
known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water
Improvement and establishing the Town of Ithaca 2023 Coddington/Troy Pump Station
Backup Generator Water Improvement Area
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York,
held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on November
28, 2022, at 4:30 o’clock p.m., Prevailing Time.
Present: Town Supervisor, Rod Howe; Members Rich DePaolo, Eric Levine, Bill Goodman,
Pamela Bleiwas, Rob Rosen and Margaret Johnson.
Moved: Rich DePaolo Seconded: Rod Howe
Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such
manner and in such detail as has heretofore been determined by the Town Board of the Town of
Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to
Article 12-C of the Town Law, of water system improvements to be known and identified as the
Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement (the
“Improvement”), to provide such Improvement to the present Town water system to serve a
benefitted area in said Town to be known as the Town of Ithaca 2023 Coddington/Troy Pump
Station Backup Generator Water Improvement Area (the “Water Improvement Area”); and
Whereas, the Improvement proposed in connection with the establishment of the Water
Improvement Area consists of the installation of two (2) backup generators (one next to an
existing Town of Ithaca water pump station at 514 Coddington Road, and one next to an existing
Town of Ithaca water pump station at 156 Coddington Road) and associated automatic transfer
switches as well as other ancillary and incidental improvements and expenses in connection
therewith, at a maximum estimated cost of to the Water Improvement Area of $250,000; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk
of said Town prior to the Town Board’s November 14, 2022, meeting, where the same were
available during regular office hours for examination by any person or persons interested in the
subject matter thereof; and
Whereas, the area of said Town determined to be benefited by said Improvement consists of the
entire area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and the Water Improvement Area boundaries shall consist of the entire area of said Town
outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of
the Town Clerk, which map is available for inspection by any person or persons interested in same
during regular office hours at said office; and
Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said
Water Improvement Area by assessing, levying upon and collecting from the several lots and
parcels of land within such Water Improvement Area, outside of any villages, which the Town
Board shall determine and specify to be especially benefitted by the Improvement, an amount
TB 2022-11-28 (Filed 2/9) Pg. 3
sufficient to pay the cost or the principal and interest on serial bonds and bond anticipation notes
issued in anticipation of the issuance of serial bonds, as the same become due and payable; and
Whereas, said maximum estimated cost shall be authorized to be financed by the expenditure of
current revenues and surplus funds from water rates and charges from said Water Improvement
Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in
excess of the forty-year period prescribed by the Local Finance Law; provided, however, grants-
in-aid may be received and utilized therefor; and
Whereas, on November 14, 2022, the Town Board of the Town of Ithaca duly adopted an Order
reciting the proposed Improvement, a description of the boundaries of the proposed benefited area,
the maximum amount proposed to be expended for the Improvement, the proposed method of
apportioning the costs of such Improvement, the proposed method of financing to be employed,
the fact that a map, plan and report describing the same are on file in the Town Clerk's office for
public inspection, and calling a public hearing upon said map, plan and report and the question of
providing the Improvement to serve the area to be known as the Town of Ithaca 2023
Coddington/Troy Pump Station Backup Generator Water Improvement Area, such public hearing
to be held on November 28, 2022, at 4:30 o’clock P.M., Prevailing Time, at the Town Hall, 215
North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested
in the subject thereof could be heard concerning the same; and
Whereas, notice of said public hearing was duly posted and published as required by law; and
Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons
interested in the subject thereof, who appeared at such time and place, were heard concerning the
same; 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 Improvement are a Type II Action because the
Action constitutes "purchase of … equipment” and “construction or expansion of a primary or
accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of
gross floor area and not involving a change in zoning or a use variance and consistent with local
land use controls, but not radio communication or microwave transmission facilities,” and thus
approval, construction and implementation of the Improvement are not subject to review under
SEQRA; and
Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve
the area to be known as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator
Water Improvement Area; now, therefore, be it
Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. It is hereby determined that it is in the public interest to establish said Town of
Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area and to
authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca
TB 2022-11-28 (Filed 2/9) Pg. 4
2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area is hereby
established and authorized at a maximum estimated cost to said Water Improvement Area of
$250,000. Said Water Improvement Area boundaries shall consist of the entire area of said Town
outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map,
plan and report presently on file in the office of the Town Clerk. The area hereby determined to
be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga
Heights. All of the property within said Water Improvement Area is benefited by the proposed
Improvement, and all of the property benefited is included within said Water Improvement Area.
Section 2. The proposed Improvement shall consist of the installation of two (2) backup
generators (one next to an existing Town of Ithaca water pump station at 514 Coddington Road,
and one next to an existing Town of Ithaca water pump station at 156 Coddington Road) and
associated automatic transfer switches as well as other ancillary and incidental improvements and
expenses in connection therewith, at a maximum estimated cost to said Water Improvement Area
of $250,000. The proposed method of apportioning the costs of the Improvement should not be
changed. The method of financing of said cost shall be by the expenditure of current revenues and
surplus funds from water rates and charges from said Water Improvement Area or by the issuance
by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year
period prescribed by the Local Finance Law; provided, however, grants-in-aid may be received
and utilized therefor.
Section 3. It is hereby determined that the estimated expense of the Improvement does not
exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said
Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13
of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required
for such Improvement.
Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is
hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the
office of the Clerk of the County of Tompkins, New York, within ten days of the date this
resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall be
presumptive evidence of the regularity of the proceedings and action taken by the Town Board in
relation to the Improvement.
Section 5. It is hereby further determined that all of the cost of the Improvement allocable to
the Town shall be borne by property within said Water Improvement Area constituting all of the
area of said Town outside of any villages, and therefore this resolution shall be subject to
permissive referendum.
Section 6. This resolution is adopted subject to permissive referendum in the manner provided
in Town Law Article 7 and Town Law Section 209-q.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Pamela Bleiwas, aye; Eric Levine,
aye; Bill Goodman, aye; Rob Rosen, aye; and Margaret Johnson, aye.
TB 2022-11-28 (Filed 2/9) Pg. 5
The resolution was thereupon declared duly adopted.
3. Consider a resolution Authorizing the Issuance of $1,017,444 Serial Bonds of the Town
of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Sewer
Improvements to Serve Forest Home Pump Station Sewer Improvement Area
There were no questions from the Board.
TB Resolution 2022 - 177: Resolution Authorizing the Issuance of $1,017,444 Serial
Bonds of the Town of Ithaca, Tompkins County, New York, to Pay the Cost of Certain
Sewer Improvements to Serve Forest Home Pump Station Sewer Improvement Area
in the Town of Ithaca, Tompkins County, New York.
Moved: Rod Howe Seconded: Pamela Bleiwas
Whereas, pursuant to the proceedings heretofore duly had and taken in accordance with the
provisions of Article 12-C of the Town Law, and more particularly a resolution dated March 14,
2022, said Town Board has determined it to be in the public interest to establish Forest Home
Pump Station Sewer Improvement Area at a maximum estimated cost of $1,017,444; and
Whereas, the capital project therefore, as hereinafter described has been determined to be a Type
II Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Quality Review Act, the
implementation of which as such will not result in a significant environmental effect; and
Whereas, it is now desired to provide funding for such project; now, therefore, be it
Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the sewer improvements for the
establishment of Forest Home Pump Station Sewer Improvement Area, consist of the cost of the
reconstruction of and improvements to the Forest Home Pump Station and reconstruction of related
force main and original equipment, machinery, apparatus, appurtenances, as well as other
incidental improvements and expenses in connection therewith, at a maximum estimated cost of
$1,017,444, which specific object or purpose is hereby authorized at said maximum estimated cost,
there are hereby authorized to be issued $1,017,444 serial bonds of said Town pursuant to the
provisions of the Local Finance Law; provided however, the amount of serial bonds ultimately to
be issued shall be reduced by any grants-in-aid received therefore.
Section 2. It is hereby determined that the plan for the financing of the improvements for the
establishment of Forest Home Pump Station Sewer Improvement Area is by the issuance of the
$1,017,444 serial bonds of said Town authorized to be issued pursuant to the provisions of this
bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the
TB 2022-11-28 (Filed 2/9) Pg. 6
Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds
herein authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the
chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such
manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local
Finance Law.
Section 5. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby
irrevocably pledged to the payment of the principal of and interest on such obligations as the same
respectively become due and payable. An annual appropriation shall be made in each year
sufficient to pay the principal of and interest on such obligations becoming due and payable in
such year. There shall be annually levied upon all the taxable real property deemed to be especially
benefitted thereby, in said Forest Home Pump Station Sewer Improvement Area, an amount
sufficient therefor, but to the extent not paid thereby, all the taxable real property within said Town
shall be subject to the levy of an ad volorem tax, without limitation as to rate or amount sufficient
to pay principal of and interest on such obligations.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for
the interests of said Town, including, but not limited to, the power to sell said bonds to the
New York State Environmental Facilities Corporation; provided, however, that in the exercise of
these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance
Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The
receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not
be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds, authorized herein, in one or more series having
substantially level or declining annual debt service and all matters related thereto, and the manner
of execution of the same, including the consolidation with other issues, and also the ability to issue
serial bonds with substantially level or declining annual debt service and all matters relating
thereto, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds
shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such recitals, in additions to those
required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent
with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, at the Supervisor’s sole discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Environmental Corporation and/or the New York State Environmental
Facilities Corporation, including amendments thereto, and including any instruments (or
amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of
TB 2022-11-28 (Filed 2/9) Pg. 7
the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or
note issue of said Town in the event of the sale of same to the New York State Environmental
Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities
corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the
Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said
Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute
those applications, agreements, instruments or to do any similar acts necessary to effect the
issuance of the aforesaid serial bonds and/or notes without resorting to further action of this Town
Board.
Section 11. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 12. This resolution, which takes effect immediately, shall be published in summary form
in the official newspaper, together with a notice of the Town Clerk in substantially the form
provided in Section 8l.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Pamela Bleiwas, aye; Eric Levine, aye;
Bill Goodman, aye; Rob Rosen, aye; and Margaret Johnson, aye.
The resolution was thereupon declared duly adopted.
4. Consider approval of:
Mr. Howe thanked Ms. Drake and Ms. Bleiwas for their help negotiating the contract.
Mr. DePaolo said the memo from Ms. Drake was very thorough, but, the term is 2 years, which
means we have little time before we are back in negotiations.
Mr. Howe responded that it depends; it started as a four-year contract but then went back and
forth. At this point, it probably depends on how stable things are and the consumer price index,
among other things.
TB 2022-11-28 (Filed 2/9) Pg. 8
TB Resolution 2022 – 178a: Approval of Collective Bargaining Agreement with Teamsters
Local 317 Public Works Department Unit for 2023-2024
Whereas, effective January 1, 2008, the Town Board recognized Teamsters Local 317 as the
exclusive representative for collective bargaining purposes of certain full-time probationary and
full-time post-probationary Department of Public Works employees; and
Whereas, the term of the expiring contract with Teamsters Local 317 was through December 31,
2022; and
Whereas, the Town’s negotiations team and Teamster’s negotiations team have come to a tentative
agreement on the changes to the collective bargaining contract for the term of January 1, 2023
through December 31, 2024; and
Whereas, the Personnel & Organization Committee reviewed the changes to the contract on
November 28, 2022, and recommend approving the collective bargaining agreement; and
Whereas, the employees in the collective bargaining unit are scheduled to meet on November 30,
2022, and are expected to have a majority affirmative vote to ratify the contract; now, therefore,
be it
Resolved, that the Town Board of the Town of Ithaca does hereby accept the recommendation of
the negotiation team and Personnel & Organization Committee and approves the signing of the
collective bargaining agreement effective January 1, 2023 through December 31, 2024, between
the Town of Ithaca and Teamsters Local 317.
Moved: Pamela Bleiwas Seconded: Rod Howe
Vote: ayes – Bleiwas, Howe, Goodman, DePaolo, Levine, Johnson and Rosen
TB Resolution 2022 – 178b: Approval of 2023 Employee Wages
Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for
the Town of Ithaca non-collective bargaining employees for the year 2023, utilizing the 4.0% wage
scales approved by the Town Board November 28, 2022; and
Whereas, the Town Board has reviewed the wages established by the collective bargaining
agreement with the Public Works unit represented by Teamsters Local 317which utilizes a 4.0%
wage scale increase for 2023; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the said wages for the non-
collective bargaining employees and collective bargaining employees for 2023, as filed in the
Human Resources Office.
Moved: Bill Goodman Seconded: Margaret Johnson
Vote: ayes – Bleiwas, Howe, Goodman, DePaolo, Levine, Johnson and Rosen
TB 2022-11-28 (Filed 2/9) Pg. 9
TB Resolution 2022 – 178c: Approval of 2023 Office and Field Classification Wage Scales
Whereas, the Town Board established a Wage Scale, which sets the Hiring Minimum and Job Rate
for each job classification, which may be increased each year based on a Cost-of-Living
Adjustment (COLA); and
Whereas, the Personnel Committee reviewed and discussed Consumer Price Index (CPI-W) as
well as other factors and recommends for the 2023 Wage Scales a 4.0% COLA on the Job Rate
for all classifications when establishing the 2023 Office Wage Scale and Class VI of the Field
Wage Scale; and
Whereas, the Class I-V of the Field Wage Scale are established through the collective bargaining
agreement at 4.0% for 2023 and 4.0% for 2024; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve a 4.0% COLA on the Job
Rate for all classifications when establishing the 2023 Office Wage Scale and Field Wage Scale
(see attached sheet).
Moved: Margaret Johnson Seconded: Eric Levine
Vote: ayes – Bleiwas, Howe, Goodman, DePaolo, Levine, Johnson and Rosen
5. Consider setting a public hearing regarding a local law to rescind and replace Town
of Ithaca Code Chapter 125, Building Construction, to reflect updates as required
by New York State law
Mr. Moseley explained that the State is requiring all municipalities to update their local laws on
Uniform Building and Fire Prevention to get in line with State regulations, some of which are
more types of operating permitting processes being required and some energy code inspections
and so forth.
TB Resolution 2022 - 179: Setting a public hearing regarding a proposed local law
Amending Chapter 125 of the Town of Ithaca Code, Titled “Building Construction and
Fire Prevention,” to Conform Chapter 125 With New York State Requirements for
Administration and Enforcement of New York State Fire Uniform Code and Energy Code
Resolved that the Town Board will hold a public hearing at it Year End meeting, held at 11:00
a.m. on December 28, 2022 at Town Hall, 215 N. Tioga St and broadcast via ZOOM for
residents’ convenience, regarding a proposed local law a proposed local law Amending Chapter
125 of the Town of Ithaca Code, Titled “Building Construction and Fire Prevention,” to Conform
Chapter 125 With New York State Requirements for Administration and Enforcement of New
York State Fire Uniform Code and Energy Code, at which time all persons wishing to be heard
regarding the adoption of the local law will be heard.
Moved: Rich DePaolo Seconded: Bill Goodman
Vote: ayes – DePaolo, Goodman, Howe, Bleiwas, Levine, Johnson and Rosen
TB 2022-11-28 (Filed 2/9) Pg. 10
6. Consider a Sewer exemption request for 1307 Trumansburg Rd
Mr. DePaolo noted that it is ironic that there is grant money to upgrade a failing system, but not
to cover costs to hook up to municipal services, which one would think would always be the
preferred outcome.
TB Resolution 2022 – 182: Approval of a Building Permit Extension Fee Reduction
Whereas the Director of Code Enforcement has received a request from the owners of 1478
Mecklenburg Rd, dated November 18, 2022, for a reduction in the fee associated with a third
building permit extension, from $300 to $150,
Whereas the Owners state that they have suffered financial difficulties due to the COVID 19
pandemic and associated decrease in income, supply shortages and worker shortages, and
Whereas the Owners have paid $150 for two previous building permit extensions, and
Whereas due to no work being begun on the project since 2019, there have been no additional
inspections or costs to the Town for the project, and
Whereas Town of Ithaca Code Section 153-2B (14) referencing Fees, states “The above fees may
be waived in whole or in part, or may be modified, by the Town Board for good cause shown.
Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for
all or a portion of the review fees, the benefit to the general community that would be provided
by the proposed project, or other unique or special circumstances which would warrant, in the
judgment of the Town Board, such a waiver.”, and
Whereas the Town Board discussed the request and determined the Covid shutdown and
pandemic-related impacts created a unique situation that negatively affected the applicant’s
ability to continue construction and that the Owner has shown good cause to receive a waiver of
the fee given the pandemic-related hardships suffered and there being no additional costs to the
Town, now, therefore be it
Resolved, that the Town Board of the Town of Ithaca finds good cause to grant the request of the
owners of 1478 Mecklenburg, for a one-time waiver of the building permit extension fee, due
August 2022 for Building Permit #2018-0600, from $300 to $150.
Moved: Rob Rosen Seconded: Rich DePaolo
Vote: ayes – Rosen, DePaolo, Howe, Goodman, Levine, Bleiwas and Johnson
7. Consider approval of modification of a Water Easement and Grant of Access
Easement to Town of Ithaca at 26 Dove Drive
TB 2022-11-28 (Filed 2/9) Pg. 11
Mr. Howe noted that this came about due to a change in ownership, when it was noticed that
there was no official easement, but a gentleman’s agreement.
TB Resolution 2022 - 181: Approval of Modification of Water Easement and Grant of
Access Easement to Town of Ithaca at 26 Dove Drive
Whereas, Mingqi Ge and Hui Wang (“Grantors”) own 26 Dove Drive in the Town of Ithaca (the
“Premises”), tax parcel 61.-1-8.39, on which the Town owns a 20-foot-wide water easement (the
“1972 Water Easement”) for an existing Town-owned water main located within the easement
area, and
Whereas, among other things, the 1972 Water Easement grants to the Town the right to construct
a roadway over the 20-foot-wide easement area for purposes related to the Town’s water main,
and
Whereas, Grantors have asked the Town to modify the 1972 Water Easement to remove the
Town’s right to construct a road on the Premises, and the Town does not foresee a need for such
a road on the Premises, and
Whereas, the Town wishes to further modify the 1972 Water Easement to include a water
easement to the Town for a previously installed Town water main that runs east-west across
Grantors’ Premises, and for a previously installed Town water line that runs adjacent to the 1972
Water Easement Area and supplies water to a fire hydrant adjacent to the southern Premises
boundary. The Town also wishes to formalize its ingress and egress rights across the western
portion of the Premises to access Town water infrastructure (water mains, the Hungerford Hill
water tank, and related facilities) located on and off the Premises, 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 Ithaca Town
Board that approval of the project 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 approval of the project is not subject to
review under SEQRA, now, therefore be it
Resolved, that the Town Board hereby approves the Modification of Water Easement and Grant
of Access Easement to the Town of Ithaca, and authorizes the Supervisor to execute said
document, subject to approval by the Attorney for the Town.
Moved: Margaret Johnson Seconded: Bill Goodman
Vote: ayes – Johnson, Goodman, Howe, DePaolo, Levine, Bleiwas and Rosen
8. Consider a request for a reduction in fee for a building permit extension
Mr. Howe noted that this is similar to requests for Water and Sewer Billing refund requests and
we are working on developing a similar policy and review structure for these types of requests.
TB 2022-11-28 (Filed 2/9) Pg. 12
The Board was in favor of the concept of developing a process and gathering the correct type of
information to use in determining a waiver, such as, if additional staff time is needed and the
type of hardship or delay that is beyond the applicant’s control.
TB Resolution 2022 – 182: Approval of a Building Permit Extension Fee Reduction
Whereas the Director of Code Enforcement has received a request from the owners of 1478
Mecklenburg Rd, dated November 18, 2022, for a reduction in the fee associated with a third
building permit extension, from $300 to $150,
Whereas the Owners state that they have suffered financial difficulties due to the COVID 19
pandemic and associated decrease in income, supply shortages and worker shortages, and
Whereas the Owners have paid $150 for two previous building permit extensions, and
Whereas due to no work being begun on the project since 2019, there have been no additional
inspections or costs to the Town for the project, and
Whereas Town of Ithaca Code Section 153-2B (14) referencing Fees, states “The above fees may
be waived in whole or in part, or may be modified, by the Town Board for good cause shown.
Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for
all or a portion of the review fees, the benefit to the general community that would be provided
by the proposed project, or other unique or special circumstances which would warrant, in the
judgment of the Town Board, such a waiver.”, and
Whereas the Town Board discussed the request and determined the Covid shutdown and
pandemic-related impacts created a unique situation that negatively affected the applicant’s
ability to continue construction and that the Owner has shown good cause to receive a waiver of
the fee given the pandemic-related hardships suffered and there being no additional costs to the
Town, now, therefore be it
Resolved, that the Town Board of the Town of Ithaca finds good cause to grant the request of the
owners of 1478 Mecklenburg, for a one-time waiver of the building permit extension fee, due
August 2022 for Building Permit #2018-0600, from $300 to $150.
Moved: Rob Rosen Seconded: Rich DePaolo
Vote: ayes – Rosen, DePaolo, Howe, Goodman, Levine, Bleiwas and Johnson
9. Consent Agenda
TB Resolution 2022 - 183: Consent Agenda
Resolved the Town Board approves/adopts the following:
TB 2022-11-28 (Filed 2/9) Pg. 13
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of revised Highway Expenditures 2022 Agreement
Moved: Eric Levine Seconded: Bill Goodman
Vote: ayes – Levine, Goodman, Howe, DePaolo, Bleiwas, Rosen and Johnson
TB Resolution 2022 - 183a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of September 12, 2022, with non-
substantive changes made if needed.
TB Resolution 2022 -183b: Town of Ithaca Abstract No. 22 for FY-2022
Resolved that the Town Board hereby authorizes the payment of the audited vouchers in total for
the amounts indicated:
VOUCHER NOS. 1281 - 1316
General Fund Town Wide 92,257.32
General Fund Part-Town 7,780.55
Highway Fund Town Wide DA 599.69
Highway Fund Part Town DB 5,924.45
Water Fund 9,291.49
Sewer Fund 12,101.42
Risk Retention Fund 274.79
Forest Home Lighting District 204.43
Glenside Lighting District 40.30
Renwick Heights Lighting District 62.98
Eastwood Commons Lighting District 66.01
Clover Lane Lighting District 9.17
Winner’s Circle Lighting District 13.20
Burleigh Drive Lighting District 41.06
West Haven Road Lighting District 144.28
Coddington Road Lighting District 86.86
TOTAL 128,898.00
TB Resolution 2022 - 183c: Approval of Revised 2022 Agreement for Expenditure of
Highway Monies
Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the
Highway Superintendent of the Town of Ithaca for 2022:
AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins
County, New York and the undersigned members of the Town Board.
TB 2022-11-28 (Filed 2/9) Pg. 14
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:
1. GENERAL REPAIRS. The sum of $150,000 shall be set aside to be expended for primary
work and general repairs upon 7 miles of town highways, including sluices, culverts, and
bridges having a span of less than five feet and walks or the renewals thereof.
2. PERMANENT IMPROVEMENTS. The sum of $200,000 shall be set aside to be
expended for the permanent improvement of town highways, including paving, guide rails,
etc.
The sum of $96,430.95 shall be set aside to be expended for the permanent improvement of
Sesame Street / Alison Drive to re-establish shoulders, mill asphalt, and install an asphalt
overly on 0.17 miles of road
The sum of $20,770.69 shall be set aside to be expended for the permanent improvement of
the Campbell Avenue / Hopkins Place to re-establish shoulders, mill asphalt, and install an
asphalt overly on 0.09 miles of road
The sum of $45,000 shall be set aside to be expended for the permanent improvement of
Eldridge Circle to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.22
miles of road
The sum of $182,854.94 shall be set aside to be expended for the permanent improvement of
Indian Creek / Happy Lane to re-establish shoulders, mill asphalt, and install an asphalt
overly on 0.48 miles of road
The sum of $70,045.99 shall be set aside to be expended for the permanent improvement of
Williams Glen Road to re-establish shoulders, mill asphalt, and install an asphalt overly on
0.16 miles of road
The sum of $46,002.92 shall be set aside to be expended for the permanent improvement of
Valley View Road to re-establish shoulders, mill asphalt, and install an asphalt overly on
0.12 miles of road
The sum of $64,023.61 shall be set aside to be expended for the permanent improvement of
Orchard Hill Road to re-establish shoulders, mill asphalt, and install an asphalt overly on
0.35 miles of road
The sum of $32,960.38 shall be set aside to be expended for the permanent improvement of
Evergreen Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.16
miles of road
The sum of S 127,488.47 shall be set aside to be expended for the permanent improvement of
Westhaven Road to re-establish shoulders,mill asphalt,and install an asphalt overly on 1.24
miles of road
The sum of SI 84,681.02 shall be set aside to be expended for the permanent improvement of
Hopkins Road to re-establish shoulders,drainage facilities,mill asphalt,and install an
asphalt on 0.52 miles of road
10.Reports from Committees
a)Budget —Ms.Shaw reported on current sates tax and mortgage tax revenue.
b)Personnel and Organization/ERC —Ms.Bleiwas reported they discussed policy
updates,many of which came from union negotiations,as well as began talking
about parental leave short term disability.
c)Public Works —Mr.Howe reported they discussed adding Forest Home to the
vehicle length restrictions recently passed;a possible crosswalk from IC to NYS
Parks land;possible land purchase next to PWF which it seems will not be
happening and got an update on the streetlight project.
d)Planning —Mr.DePaolo stated they started discussing modification to our solar
law as far as setbacks,allowable size or arrays and acreage in Ag Zones and
added protective measures for both operation and decommissioning to protect the
land as well as having the Planning Board weigh in with comments if it is prime
soil,
Also discussed and moved on to the Board a request to standardize height
limitations for ADU’s,garages and accessory buildings.There have been a lot of
variance applications and the modification will be coming soon.
e)Codes &Ordinances —Mr.Goodman reportcd they discussed the changes to the
Ithaca Energy Code Supplement and continue work on the telecommunications
law.
fl Parks &Trails —Mr.Howe reported that work continues on negotiating an
easement with NYSEG for the extension of the South Hill Trail
Meeting adjourned upon motion by Mr.Howe,seconded by Mr.DePaolo.unanimous.
Rosa.Town Clerk
TB 2022-11-28 (Filed 2/9)Pg.15