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HomeMy WebLinkAboutTB Packet 2018-08-27 Meeting of the Ithaca Town Board Monday,August 27, 2018 at 4:30 p.m. Agenda 1. Discuss Green Building Policy 2. Consider authorizing Supervisor to sign an MOU with Cal Ripken League for pick-up games/extended season 3. Discuss and consider supplemental agreement with Randall +West for form-based zoning professional services 4. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 5. Report of Town Officials 6. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract 7. Public Hearings—Noise Permits for: a. Ithaca Beer—second half of its weekly dinner music on Wednesdays from 6-9pm Consider approval b. Cayuga Medical Center Foundation fundraising event at the Country Club, 189 Pleasant Grove Rd., on September 8`h from 5-10p.m. Consider approval Meeting of the Ithaca Town Board Monday, August 27, 2018 at 4:30 p.m. TB Resolution 2018- : Authorizing the Supervisor to sign an MOU with Cal Ripkin League for extended season Whereas the town has received a request from the league to use Tutelo Park Ballfield for pick-up league games through October, now therefore be it Resolved that the Town Board authorizes the Supervisor to sign an MOUn with the Cal Ripkin League for an extended season. Moved: Seconded: Vote: Memorandum of Understanding This Memorandum of Understanding is between the Ithaca Babe Ruth League, Inc., which sponsors a Fall pickup series, and the Town of Ithaca, New York. Time Period This agreement covers the time period from on or about August 261h to on or about November 11th of 2018, for the use of the Valentino Field by the League on Sunday afternoons, excepting September 91h. If reservations have been accepted by the Town for other persons, those reservations shall not be removed to accommodate an extension; however, efforts will be made to assist the league in finding an alternate time. The Town of Ithaca Agrees to: • Mow the field. This service is provided by the Town of Ithaca Public Works Department. Ithaca Babe Ruth League, Inc. Agrees to: • Plan, coordinate, and implement the fall pickup series. • Provide required routine field maintenance including, but not limited to, lining of field, removal of debris (including spectator areas), and raking of skinned areas. • Monitor comfort station/bathroom and ensure facilities are working properly and locked at end of the game. Notify Town of any issues. (Bathrooms are open only when the group is scheduled for field use.) • Complete and submit the Town's Park/Trail Permit Application and Comfort Station Key Security Agreement along with advance payment for the entire season in accordance with the following schedule: o Field reservation fee: $12/game o Comfort station key security deposit: $100/key o Facility use security deposit. $100 o Cleaning Services $200 * There are no refunds for missed games. • Provide Town of Ithaca Public Works Department with a final copy of the season game schedule prior to the start of the season. • Provide a certificate of insurance to the Town of Ithaca Public Works Department based on the attached insurance certificate requirements. CONTACTS The Ithaca Babe Ruth League, Inc. for the Cal Ripken League program will be: President, Ithaca Babe Ruth League: Tony Caudill Phone: 607-379-0638; email: tony-caudill@hotmail.com 1 Vice President, Ithaca Babe Ruth League: Jake Brenner Phone: 607-793-5736; e-mail: jcbrenner@gmaii.com Registrar/Secretary, Cal Ripken: Paul Rhudy Phone: 279-9949 Head Coach Majors: Jake Brenner Phone: 793-5736 The Town of Ithaca contact(s): Rich Schoch: 273-1656 or rschoch _town.ithaca.ny.us Joe Talbut: 273-1656 or italbut@town.ithaca.ny.us Jim Weber: 273-1656 or jweber@town.ithaca.ny.us Paulette Rosa: 273-1721 or prosa@town.ithaca.ny.us Agreement The Ithaca Babe Ruth League, Inc. agrees to comply with the requirements above and agrees to be responsible to the Town of Ithaca for the use and care of the facilities. The Ithaca Babe Ruth League, Inc. does hereby covenant and agree to defend, indemnify, and hold harmless the Town of Ithaca and all its agents, officers, employees, and elected officials from and against any and all liability, loss, damages, claims, or actions (including costs and attorneys fees) for bodily injury, illness, sickness, or death and/or property damage, to the extent permissible by law, arising out of or in connection with the actual or proposed use of the Town of Ithaca's property, facilities, and/or services by the Ithaca Babe Ruth League, Inc. (including its Cal Ripken League program). Signed: ITHACA BABE RUTH LEAGUE, INC. TOWN OF ITHACA, NEW YORK President/Vice President Supervisor Date Date 2 INSURANCE CERTIFICATE REQUIREMENTS Prior to the granting of authority to use the facilities, by outside organizations,the applicant shall provide, with the application form, proof of insurance under the following guidelines. Commercial Users: A. The user hereby agrees to effectuate the naming of the Town of Ithaca as an unrestricted additional insured on the users policy, by enclosing a copy of the endorsement providing additional insured status. B. The policy naming the municipality as an additional insured shall: • Contain a 30 day notice of cancellation; • State that the organization's coverage shall be primary coverage for the Municipality, its Board,employees and volunteers; and • Additional insured status shall be provided with ISO endorsement CG 2026 or its equivalent. C. The user agrees to indemnify the municipality for any applicable deductibles. D. Required Insurance level: • Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 aggregate. User acknowledges that failure to obtain such insurance on behalf of the municipality constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the municipality. The user is to provide the municipality with a certificate of insurance, evidencing the above requirements have been met. The failure of the municipality to object to the contents of the certificate or the absence of it shall not be deemed a waiver of any and all rights held by the municipality. Individuals: Homeowners Insurance Section Two—Liability: $100,000 limit of liability. Policy shall not exclude the off-premises activities of the insured. 3 MEETING OF THE ITHACA TOWN BOARD Monday,August 27, 2018 TB Resolution 2018- : SupplementaI agreement with Randall+ West to continue providing professional service in support of new form-based zoning Whereas, on June 12, 2017 the Town Board authorized the Town Supervisor to execute a contract with Randall + West, in partnership with Better Cities and Towns and STREAM Collaborative, to assist the town in the development of form-base zoning and related efforts, in an amount not to exceed$20,000, and Whereas, while work on the new zoning over the last twelve months has been productive, there is still a need for outside professional assistance to complete the effort, including finalizing the draft zoning language, developing graphics, contributing recommendations on the East Hill Village concept, along with related outreach activities, and Whereas, up to $18,000 of assistance may be needed over the next six to twelve months, therefore be it Resolved, that the Town Board approves, authorizes and directs the Town Supervisor to execute a supplemental agreement with Randall + West, in partnership with Better Cities and Towns, and STREAM Collaborative, to extend the contract and allocate an additional $18,000 (from account B8020.403) for continued professional services in support of the new zoning. Moved: Seconded: Vote: PWC discussion Utilizing Easements Water and sewer easements are utilized in a number of ways for maintenance purposes,including the following reasons: • For access of equipment(excavators, loaders, backhoes,trucks and trailers), materials(pipe, gravels,valves),and manpower to repair, replace and maintain infrastructure,etc. • For cleaning of sanitary sewer mains and manholes • For flushing of water mains and operations of valves • For inspections of infrastructure(manholes, PRV pits,control buildings, pump stations),which may require the cutting or removal of tall grass brush and trees Maintenance of these easements is the key to preventing crisis situations when problems arise with the utility. In maintaining these utilities, providers could avoid bigger problems of accessibility during the night,environmental impacts,and mass outages of vital utilities. Items or conditions not allowed within an easements: • Permanent structures or improvements, including foundations retaining walls,fences,garages, sheds play equipment/structures, decks,trees or large shrubs or other features that impede vehicle access along easement, • Private electrical services, buried irrigation systems, • Placement of fill or regrading of property that increases/decreases the cover over the pipes or buries/exposes manholes,valves or cleanouts. Items or conditions allowed within an easement; • Semi-permanent improvements, including landscaping/gardens,decorative walls,walkways. These items should be easily and quickly removable; however they may be damaged during access for maintenance, inspection or repairs. MEETING OF THE ITHACA TOWN BOARD ` Monday,August 27,2018 TB Resolution 2018— : 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: Seconded: Vote: Ayes— TB Resolution 2018 - a: Approval of Minutes of d August 13,2018 Whereas the draft Minutes of the August 13, 2018 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved that the Board approves the draft minutes, with changes, of the August 13, 2018 meetings of the Town Board. TB Resolution 2018 - b: Town of Ithaca Abstract No. 14 for FY-2018 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. 1100 - 1166 General Fund Townwide 38,728.16 General Fund Part-Town 436.12 Highway Fund Town Wide DA 4,735.20 Highway Fund Part Town DB 263,219.23 Water Fund 8,366.97 Sewer Fund 14,025.64 State Route 96b Sidewalk—H7 9,322.15 Ellis Hollow Water Tank—H 10 2,564.34 Fire Protection Fund 278,455.88 Forest Home Lighting District 163.83 Glenside Lighting District 66.67 Renwick Heights Lighting District 76.98 Eastwood Commons Lighting District 170.24 Clover Lane Lighting District 19.60 Winner's Circle Lighting District 67.24 Burleigh Drive Lighting District 66.65 West Haven Road Lighting District 199.14 Coddin ton Road Lighting District 118.86 TOTAL 620,802.90 l�. MEETING OF THE ITHACA TOWN BOARD August 27, 2018 TB Resolution 2018- : Approval of a Noise Permit for Ithaca Beer second half of season weekly music Whereas, the Town Board had discussed the initial application for a full season of weekly music and granted a permit through Labor Day to allow for additional evaluation and comments about its effect on the neighborhood, and Whereas the town has held an additional public hearing for the remainder of the season, now therefore be it Resolved, that the Town Board a noise permit to Ithaca Beer for the remaining dates for its Wednesday evening dinner music series with some amplification through October 315`, With the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music events are necessary for a valid purpose,because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required (Town Code §271- 15.D(3)). 2. The waiver is the minimal intrusion needed, because the amplification will provide music for the events with the following limits: music is limited to 5 p.m. to 8 p.m., which hours are within "daytime hours" as defined by Town Code § 184-4; the entertainment is described as dinner music with amplification conducive to conversation amongst diners, and the amplification speakers must be located on the taproom lawn and face Route 13. 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the events with music are for a limited amount of time during the late afternoon and early evening on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. Moved: Seconded: Vote: Ayes— MEETING OF THE ITHACA TOWN BOARD August 27,2018 TB Resolution 2018 - : Approval of a Noise Permit for CMC Foundation Whereas,the Town Board discussed the application for a noise permit for an event to be held at the County Club-of Ithaca on Saturday, September 8`"from 5-10p.m. and Whereas the town held a public hearing to solicit comments from the neighborhood for or against the event, now therefore be it Resolved, that the Town Board a noise permit to CMC Foundation for date and time listed above With the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required(Town Code §271- 15.1)(3)). 2. The waiver is the minimal intrusion needed,because the amplification will provide music for the event with the following limits: music is limited to 5 p.m. to 10 p.m. which are mostly within "daytime hours as defined by Town Code § 184-4; the event is a singular event with amplification necessary for the type of activities anticipated dancing and auctioning; the speakers will be placed facing the golf course greens away from most of the residential homes. 3. On balance,the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment,because the events with music are for a limited amount of time during the late afternoon and early evening on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. Moved: Seconded: Vote: Ayes— TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us 6-VVUC Paulette Rosa,Town Clerk Phone:(607)273-1721 Debra DeAugistine,Deputy Town Clerk pmq;;6Z1nyjn_ithaca_ny us Fax: (607)273-5854 ddeaugistine@town.ithaca.ny.us NOISE PERMIT APPLICATION Form must be subi-nitted to the Town Clerk's Office,with$50 payment,at least 21 days In advance of the event. NAME/ORGANIZATION: Cayuga Medical Center Fauridatoon_ PERSON(S) RESPONSIBLE FOR EVENT Stephen Sayage. Executive Dir ADDRESS: Cayuga Medical Center, 101 Harris B Dates Dr. Ithaca. NY 14850 PHONE NUMBER: 481-8792 ALTERNATE PHONE EMAIL: ssavaoe a0cayugamed.org LOCATION OF EVENT: Coco, ntry Club of Ithaca. 189 Pleasant Grove Rd. Ithaca. NY 14850 DATE/TIME/DURATION OF EVENT: ,September 8. 2018: 5:0012m - 10:00 pm ESTIMATED ATTENDANCE: 3550 REASON/DESCRIPTION OF EVENT: Annual fund raising event for the Foundation: auction. dinner. dancing PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example—amplified music or speakers, cheering, non-amplified instruments) Live music with amplified instruments and voice sound system NOISE ABATEMENT& CONTROL METHODS TO BE USED (Example: speakers will be faced a certain way): Band will be inside large, enclosed, tent and speakers will be faced towards the golf course and away from residential areas. DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses amplification and cannot be heard sufficiently without it) Band does not use acoustic instruments and relies on amplification to reach the full audience space. SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS: OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION: Rev April 2017 IF USE OFATENT IS ANTICIPATED, PLEASE LIST NUMBER AND SIZE(S): One 60'X 160'tent will be erected on site. Permit has been applied for. (a separate permit may be required) Notification of the Public Hearing The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. (Town Code. Chapter 184, Section-1 2,D) The undersigned applicant affirms that the foregoing information is true, complete and correct: Signature of Applicant: Date of public hearing: Sheriff Notified: Permit issued on: Special conditions: Rev April 2017