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HomeMy WebLinkAboutTB Packet 2018-09-10 Meeting of the Ithaca Town Board Monday, September 10, 2018 at 5:30 p.m. Agenda 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. 5:30 p.m. Public Hearings: a. 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas Consider Adoption b. Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Preliminary Budget Consider adoption 4. Discuss and consider approval of easement(s) and stormwater maintenance agreement associated with the Sleep Inn and authorize the Supervisor to sign same 5. Discuss and consider a refund of water charges to Cornell Unitversity 6. Discuss and consider approval of budget transfers for pump station maintenance 7. Presentation of Highway Superintendent's Equipment and Machinery Report 8. Discuss and consider approval of revised Records Access Procedure 9. Discuss and consider approval of revised Room Use Policy and associated form 10. Consider Consent Agenda Items a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Ratify appointment of Assistant Production Manager—BP e) Acknowledge SCLIWC 11. Report of Town Officials and Committees 12. Review of Correspondence 13. Adjournment MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution No. 2018- Adoption of the 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas for Tax Year 2019 WHEREAS, the Town Board of the Town of Ithaca held a properly advertised public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 10th day of September 2018, to consider the 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas for the Town of Ithaca for Tax Year 2019; now, therefore, be it RESOLVED, the governing Town Board of the Town of Ithaca hereby approves and adopts the 2018 Assessment Rolls for the Special Benefit Districts and Special Benefit Areas of the Town of Ithaca for Tax Year 2019 as follows: Fire Protection District: Assessed Value- $1,187,428,119. Forest Home Light District: Assessed Value - $41,457,100. Glenside Light District: Assessed Value - $4,665,100. Renwick Heights Light District: Assessed Value - $14,489,600. Eastwood Commons Light District: Assessed Value - $17,760,900. Clover Lane Light District: Assessed Value- $2,825,000. Winners Circle Light District: Assessed Value - $2,725,000. Burleigh Drive Light District: Based upon 3,971.1 lineal feet. Westhaven Road Light District: Based upon Road Frontage of 6,592.0 lineal feet. Coddington Road Light District: Based upon Road Frontage of 6,526.3 lineal feet. Water Improvement Benefit Area: Units Available & Connected- 8,293.81. Ad Valorem Water Improvement Benefit Area: Assessed Value - $437,810,816. Sewer Improvement Benefit Area: Units Available & Connected- 7,956.55. Ad Valorem Sewer Improvement Benefit Area: Assessed Value- $496,153,676. Town 520 Omitted Move Tax: Actual Amount- $3,179.35. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018 - : Adoption of the 2019 SCLIWC aka Bolton Point Budget Whereas the Town Board has properly advertised and held a public hearing regarding the preliminary 2019 Budget, now therefore be it Resolved that the Town Board hereby adopts the preliminary budget as the Final Budget for 2019 for SCLIWC aka Bolton Point. Moved: Seconded: Vote: MEETIGN OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018 - : Approval of and Authorization for the Supervisor to sign Stormwater Maintenance Agreement and associated easements Whereas the Town Board enters into stormwater maintenance and management agreements with associated easements as determined and recommended by the Town Engineer and/or Planning, now therefore be it Resolved that the Town Board approves the submitted stormwater maintenance agreement ad easements associated with the Sleep Inn and authorizes the Supervisor to sign same. Moved: Seconded: Vote: Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 OPERATION, MAINTENANCE,AND REPORTING AGREEMENT THIS AGREEMENT is effective this day of _, 2018, by and between the TOWN OF ITHACA,a municipal corporation with offices at 215 North Tioga Street,Ithaca,New York 14850 (the "Town"), and Ramji Hospitality,LLC, 635 Elmira Road Ithaca,New York 14850 (the "Owner"). WITNESSETH: WHEREAS,the Owner's agent received final site plan approval for the Sleep Inn Hotel(the "Approval")from the Town's Planning Board by resolution number 2017-020,dated March 7,2017 on tax parcel 35.-1-21 at 635 Elmira Road in the Town of Ithaca,Tompkins County,New York;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; NOW,THEREFORE,in consideration of the granting of the Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance,the parties agree as follows: 1. Construction of Facilities and Implementation of Practices. (a) The Owner agrees to construct all of the stormwater management facilities, erosion and sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: (i) The Bioretention Areas,Above/Below Ground Retention/Detention Facilities,and Spillways,which shall be located substantially as shown on the Grading,Drainage&Erosion Control Plan (2 of 2) of the Site Development Plans for Sleep Inn Hotel, 635 Elmira Road (NYS Route 13), Town of Ithaca, Tompkins County, State of New York, prepared by Marathon Engineering, Adam M. Fishel, Licensed Professional Engineer, dated March 31, 2016 and last revised April 3,2018,as shown on Exhibit A (referred to in this Agreement as the "Drawing"); and (ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage-related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawing; and (iii) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations. Page 1 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 (b) The Owner further agrees to implement, at its expense, all approved stormwater management practices ("Practices"), in addition to the Facilities, that are required as part of the Approval, and such future Practices as may be required by applicable laws, rules, or regulations. (c) All of the Facilities and Practices in subparagraphs(a)and(b)above shall be constructed and implemented as shown on the Drawing, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer. 2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for itself,its legal representatives, successors and assigns and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located, such agreement being expressly intended to run with the land and be binding forever, to operate, maintain and repair the Facilities and Practices to insure that they continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence,the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities and Practices which is part of the Approval and is set forth in the approved Site Development Plans, as well as the Stormwater Pollution Prevention Plan (SWPPP), prepared by Marathon Engineering (Adam M. Fishel, PE, CPESC). In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities and Practices as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices functioning in a good and workmanlike manner. 3. Town Inspections, Repair and other Activities. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit B. The Owner agrees the Town may enter upon the property described in Exhibit B or any portion thereof for the purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town, and to make repairs to and undertake other actions regarding the Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such inspections,the Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made and/or needed maintenance performed within the number of days set forth in such notice. If the Owner fails to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the required period,the Town reserves the right(but does not have the obligation)to have the repairs made and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same. Notwithstanding the foregoing,if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to and perform emergency maintenance on, and/or to alter,remove,replace,or change the size of,any portion of the Facilities or Practices in the event of a threat to the safety of the Facilities,Practices or properties adjacent to or downstream of Page 2 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 any portion of the Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility or Practice is located off-site or on the property of a third party,the Owner,at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and issues a demand for reimbursement, and the Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities, or cost, or both,is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the Town shall,within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Town Engineer and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk,who shall arrange for delivery of a copy of the resolution to the Owner,within five days after such filing,at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York,provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of said repairs/activities within 10 days after the demand for same,or,if contested by the proceedings set forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the Facilities or Practices are located. The Town may bring a legal action or proceeding to collect such costs, expenses,interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner,by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs,expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, Page 3 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit. Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a different timetable where required by the Approval or by law,rule or regulation. Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections,and a summary of any maintenance activities or corrective actions undertaken. Reports shall be signed by the Owner or other legally responsible party,and shall attest to the accuracy of the information provided in the report. Failure to submit the reports,or the submission of inaccurate reports,shall constitute a condition of non-compliance with the site plan Approval and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities or Practices except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plan approval. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. The parties agree to amend this Agreement as necessary to incorporate the requirements of any new or amended laws, ordinances or regulations. 9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for tax parcels 35.-1-21. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. 10. Binding Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located shall be bound by the terms of this Agreement. The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to, or an interest in, any portion of the properties on which any of the Facilities or Practices are located. (b)Failure to comply with any of the requirements of this Agreement shall,without limiting the remedies otherwise available to the Town, constitute a condition of non- compliance with the site plan Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town Law. Page 4 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 11. Representation as to Authority. Each of the persons executing this Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Agreement is fully bound by its terms. 12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act,under or pursuant to this Agreement,unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or,where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its elected officials, employees,agents,subcontractors and consultants for all damages,losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement,except this indemnification shall not extend to the proportion of damages,losses and claims caused by a reckless or intentional wrongful act of the Town or,where Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character,appearance,or welfare of the neighborhood and any watercourses,watersheds,or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship,provided that such hardship has not been self-imposed; and(5)the waiver is the minimum necessary degree of variation from the requirements of this Agreement. 14. Assignment. The Town may assign this Agreement and any of its rights, duties and obligations to any successor entity or governmental institution, or to any one or more drainage or other districts hereafter created by the Town. 15. Severability. In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. Page 5 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 TOWN OF ITHACA By: Date William D. Goodman, Supervisor RAMJI HOSPITALITY, LLC By: Date Pratik Ahir,President/CEO Page 6 of 7 Ramji Hospitality,LLC Stormwater Maintenance Agreement—09110118 STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20 before me, the undersigned, personally appeared William D. Goodman personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Page 7 of 7 G ao 60 scaF r �� MARATHON o,^ ENGINEERING 840 HANSHAW NE STE 12 IRD THACA, NY 14850 PHONE 607-241-2917 www.marathoneng.com w J y5� 0 Lu ILLz SITE LOCATIONa ,w Lu 0 O 4 H a LOCATION SKETCH J LU O N.T S I... Ice EROSION CONTROL ' O U 1.CERTIFICATION-THE STORM WATERPOLLUTION PREVENTION PLAN(SWPPP),WHICH INCLUDESTHE"GRADING W = z PLAN"."EROSION CONTROL PI AN"."EROSION CONTROLNOTES'ALONG WIITH THE"DRAINAGE REPORT'.DEFINES AND MEETSTHE REQUIREMENTS OF THE NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION(NVSDEC) � O PHASE II STORM WATER REGULATIONS. `� U 2.CONTRACTOR RESPONSIBILITY ALL CONTRACTORS AND STE CONTRACTORS SHALL CERTIFY WTHIN THE O G z S-PP THAT THEY WILL IMPLEMENT AND MAINTAIN STORM WATER MANAGEMENT PRACTICES LL Y 3.INSPECTION-EROSION CONTROL(EC)MEASURES INSTALLED AND MAINTAINED BY THE SITE WORK CONTRACTOR a d ARE SUBJECT TO THE REVI EW AND APPROVAL OF THE MUNICIPALITY DESIGN ENGINEER NVSDEC.AND OWNER'S J O REPRESENTATIVE.IMMEDIATE ACTION BY THE CONTRACTOR SHALL BE TAKEN IF ADDITIONAL OR CORRECTIVE MEASURES ARE REQUIRED BY ANYONE OF THESE CITED REVIEWERS.EROSION CONTROL MEASURES NOT uj Q SPECIFICALLv SHOWN ON CONTRACT DRAWINGS(I.E..ADDITIONAL SILT FENCE.COLLARS.FABRICS.ETC.)SHALL BE uj INSTALLED AS WARRANTED BY FIELD CON DI T ON S,ANL)AS DIRECTED BY THE AFOREMENTIONED REVIEWERS. ;: Lu4.NOTIFICATION-AS DESIGN ENGINEER OUR OFFICE HAS NOTIFIED THE OWNER OF THE INSPECTION REQUIREMENTS W UNDERGP-D-INDD2.DISTURBANCES OYSDACRE DEC UNDER SEATEREQUIRE THAT THE OWNER FILE A LonTE (CEDES) in L M INTENT ALOE AND A QWPPP WITH THE N REGULATIONS R QUITE POLLUTANT LI DISCLICENSED PROF ELIMINATION(NALCO COMPLYSTEMETE (—EKL _____ __ _ GENERAL PERM IT#GP-D-I5-DD2.THE REGULATIONS REQUIRE THATA LICENSED PROFESSIONAL COM PLETEA WEEKLY o<aW �1 W I I w INSPECTION(THROUGHOUTTHE PERIOD OF LAND DISTURBANCE). li m�T 5.PRE-CONSTRUCTION-THE APPROPRIATE EROSION CONTROL MEASURES AS DEFINED BY THE CONSTRUCTION W DOCUMENTS SHALL BE INSTALLED PRIORTO THE START OF ANY CONSTRUCTION ACTIVITIES.APRE-CONSTRUCTION P. "I"T MEETING WTH THE TOWN OF THACA SHALL OCCUR PRIOR TO THE START OF ANY CONSTRUCTION ACTIVITIES. — 4/C6.0 \ / 6.TOPSOIL-UPON COMPLETION OF THE STOCKPILE STRIPPING OPERATION,STOCKPILES SHALL BE STABILIZED IN U EA�E 'Y SPrLrAY / ACCORDANCETONVSDECREGULATIONS. Q se f�-4 RE.'DETA/L 7/C6.0 Ln S ].SLOPES-UPON COMPLETION OF GRADING.SLOPES WITH A GRADI ENT OF ONE FOOT VERTICAL TO THREE FEET M 444 �N - HORIZONTAL(1 ON E)OR GREATER SHALL BE'.TOPSOILED,SEEDED,FERT FRED AND STABILIZED WITH A ROLLED /(9 EROSION CONTROL BLANKET(ECB).ECB SHALL BE NORTH AMERICAN GREEN-SIONET PRODUCT#S15DBN OR Q —�� ---- IF APPROVED EQUAL. Z 6.DUST-T HE CONTRACTOR SHALL APPLY WATERAND/OR CALCIUM CHLORIDE AS CONDITIONS WARRANT TO CONTROL - ------q4, A VNND SORNEROSION.THIS MEASURE APPLES TO'.HAULROADS,CUT AND FILL OPERATIONS sue-BASEANDANV O ------- OTHER EXPOSED SURFACES. q3 Bc-445.00 - 9.OPERATION&MAINTENANCE-THROUGHOUT THE PERIOD OF CONSTRUCTION AND PRIOR TO ESTABLISHING FINAL GROUND COVER THE SITE CONTRACTOR IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF THE TEMPORARVEROSION CONTROLMEASURES.FOREXAMPLE.THESILTATION FACILITIES SHALL BE REEXCAVATED _ WHEN THE VOLUME(36DD CUBIC FEET/DISTURBED ACRE)IS REDUCED BY ONE ALF OR MORE OF ITS SPECIFIED OG-3 � CAPACITY AND/OR THE MATERIAL IS WITHIN ONE FOOT OF THE DISCHARGE POINT JOB NO: 0728-16 10.WORKSTOPPAGE-ALL DISTURBED AREAS NOT TO BE WORKED WITHIN 2I DAYS MUST BE SEEDED WITHIN SCALE: 1 MF 14 DAYSFROM THE LAST comsTRucnoL Acnwry w THAT AREA. _ H. szppE DRAWN: AMF HV 11.sEauENce-THECOTHERWISE SHALL INSTALLEROSIONEETTROLMEAsuRESIL THE FOLLOWING SEQUENCE DESIGNED: AMF ® uLLEss AUTHORIZED OTHERWISE ATPRE-coLSTRu cnoL MEEANG. - CONTRACT OR SHALL DENOTETHE LOCATION OF EQUIPMENT STORAGE/LAYDOWN,JOB TRAY LES,PORTA-POTTY,WASTE DATE: 03/31/16 9C=• .90 1461, µ g�X RECEPTACLES,ETC"ON THE CONSTRUCTION DRAWINGS PRIOR TO THE START OF WORK.CONTRACTOR SHALL LIMIT THE LOCAL ION OF ALL CO NST RUCT IQ N PARK]NO,HAYDOWN,STORAGE,STAGINO,ETC AREAS TO T HE SU BJ ECT P ROP E RTY"IF REVISIONS =j. OFFSITE AREAS ARE REQUIRED,THE CONTRACTOR IS RESPONSIBLE FOR SECURING APPROPRIATE EASEMENTS FROM Q �. RESP ECTIVE HAND OWNERS AND APPROVALS FROM THE TOWN OF ITHACAAND/OR NYSDOT PRIOR TOTHE USE OFTHESE DATE BY REVISION 446 - R OFFSITE AREAS" (R Cfi.S) - PROTECT EXISTING VEGETATION AND ENVIRONMENTAL FEATURES TO REMAIN. 209/17 AF vISEO PErzionnlcolnlnENT DA-3-1445 - INSTALL PERIMETER SEDIMENT PROTECT ROLEILLTVEGSIBHIZEDTALI CONSTRUCTION ENTRANCE 6/21/17 AF RE COMPLETE CLEARING N REMAIN. COMPLETE CLEARING AND GRUBBING. �• / dik^b0.^T LOCATION OF STOCKPILE(S)ON THE MEASURES NROUNDALLTOPSOILSTOCKPILES.CONTRACTOR TO DENOTE 1/10/18 AF RE ISEOPEaIFo cooTooT 0 0 4590 / M-3.1R - INSTALL ADDITIONAL EROSION ANDSEDIM ENT CONTROLS ACCORDING TO PIARE 0LT nlN. 3/01/18 AF 1.1 UT GRADE SITE, THE CONTRACTOR SHALL PROTECT THE FOOTPRINT OF THE TWO(2)OUNDERGROUNDTOOVER COMPACT DETENTION FACILITIES FROM HEAVY TRAFFIC TO THE MAXIMUM EXTENT PRACTICAL SQ TO NOT OVER-COMPACT THE FLOOR AND 4/03/18 AF c vISEO PEaimSN cortlrtl ElvT C OF ALL)�DA-SlA / REDUCE INFILTRATIVE EACHOCAPACITY UNDERGROUND DERGROUNDFACILITIES,THE ETER MANAGEMENT NOT ROUGH GRADE THE SITE WITHIN3'OF THE/ BJ43 P,/SLOE STAWBOTTOMREENU ED AREAS NDSTO STOCKPILES DSHIN 14D YS OF LAST ONSTRUCTILITIES. STABILIZEDENUDEDAREEWASH UT AREA(S), NTRACTOR FLASTCTE LOCATION OFACTIVITY IN CONCRETEEACH AREA. WASHOUT PWE OMAk7 MOIECDOA/ INSTHE CONST CONCRETE WASHOUT AREA(S).CONTRACTOR TO DENOTE LOCATION OF CONCRETE WASHOUT AREA(S) ON THE CONSTRUCTION DRAWINGS. /RE DELA/L 5/C6.0 - AP LY STONE TOUTILITIES,O - COMPLETE ETA ROADS ANDCONSTRUCTION COMPLETE GRADING AND CONSTRUCTION OF PERMANENT ED SUBGATER UNDERGROUND DETENTION FACILITIES, STABILIZE SIDE SLOPES,ETU FINAL EXCAVATION BEEN FINISHED PROTECT ELEVATION OF THE FACILITIES SHOULD BE COPYRIGHT©2018 MARATHON ENG. 'S'V 1I!I DEFEE U UNTIL ALL DISTURBED AREAS HAVE BEEN STABILIZED S,PROTECTED,IT IS CRITICAL DIVERT ADEQUATE INLET w m "4 PROTECTION BE PROVIDED AT ALL DRAINAGE INLETS,MANHOLES,ETC,WHICH COLLECT AND DIVERT RUNOFF TO THE pF NE UNDERGROUND DETENTION FACILITIES TO PREVENT SEDIMENT TEMPORARY SEDIMENT WITHIN THESE PRACTICES. THE UNDERGROUND DETENTION FACILITIES SHALL NOT BE USED ASTEMPORARY SEDIMENT TRAPPING DEVICES. ONCE ALL AREAS DRAINING TO BIORETENTION AREA(S) HAVE ACHIEVED FINAL STABILIZATION, CONSTRUCT 4~jF PlACE1lNJ O]F MOME GMET BIORETENTION AREA(S), PROIECIIAY BELOW�E - COMPLETE GRADING,REAPPLY TOPSOIL,AND PERFORM SOIL RESTORATION. .� THE CONTRACTOR S/fALL PLACE - IN STALL PERMANENT SEEDING,FERTILIZER AND MULCH. g STONE SUCH THAT THE TOP OF - COMPLETE FINAL PAVING" N0.OBd8�8 STONE IS AT THE SANE ORALE AS - REMOVE ACCUMULATED SEDIMENT FROM BIORETENTION AREA(S),STORMWATER DETENTION FACILITIES,STORM KD THE EX/ST/N6 SLOPE. THEREBY NOT SEWERS,STORM STRUCTURES,ETC" '�Of[55HONP a RESULT/N0/NF/LL PLACEMENT WITHIN - REMOVE ALLTEMPORARY SEDIMENT CONTROL PRODUCTS AFTER SOILSARE STABILIZED. SIE p//1)AR N TEC]KW FL000 PLAIN. CONTRACTOR SHALL PUCE STONE FROM THE TOP k ����////j .LOPE,DOWN TO THE BASE ALL SO/L O/STURBEO DISTURBANCE SUMMARY: "� ADAM M.FISHEL AB/U=W17H EROS/ON CONTROL BLANKETS(ECB) .k THIS PLAN THE S4ME DAY AS SOIL DISTURBANCES ONSITE DISTURBED.3 I.DD ACRES 'TRACTOR RESPONSIBLE FOR Mf"S ANO METHODS OFFSITE DISTURBED.._D.1GACRES REOU/REO. TOTAL DISTURBE-1.D ACRES F^ - TOTAL UNDISTURBED.D.4GACRES / \ TOTAL PROJECT AREA.2.E ACRES 7FALL LOCA DRAWING TITLE: I DRAINS TO FEDERALLY +Q EXISTING IMPERVIOUS.iD.6DACRES :T/ONAL WETLANDS LOCATED EXIQA NG PERVIOUS'.i 1.EDACRES Grading, Drainage THE SUBIE07 PROPERTY. .� PROPOSED IMPERVIOUS.11.2D ACRES VETLANDS THEN DRAIN TO L/CK PROPOSED PERVIOUS..D.ID ACRES WH/CH ULTIMA TEL Y D/SCHAROE5 .� &Erosion Control CA MrA LAKE INLET. ALONG NORTHERN,EASTERN AND o s'„„,1,-p Op.�,„E Plan 2 of if RN PRO/ECT LIMITS. '4 14"1 4 W.m.. L L Jt u� xa.n Sof 18 I ,w"" SHEET No'. C-3.1 FIHIR'N� YriC]TE.1....��r' PERMANENT STORMWATER AND ACCESS EASEMENTS AND RIGHTS-OF-WAY THIS INDENTURE is made this day of , 20 by and between Ramji Hospitality, LLC, a New York Corporation with its principal place of business 635 Elmira Road, Ithaca, New York 14850 ("Grantor"), and the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town'). The Grantor is the owner of a certain parcel of land of ±2.2 acres, identified as tax parcel number 35.4-21, located in the Town of Ithaca, Tompkins County, New York, commonly known as Sleep Inn Hotel (the "Premises"). NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant,remise, relinquish and release unto the Town, its successors and assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: The portions of the Premises containing the various stormwater facilities on the drawing attached hereto as Exhibit "A", plus 10 feet around each facility. FURTHER WITNESSETH: That the Grantor further hereby grants and releases unto the Town, its successors and assigns forever, an EASEMENT and RIGHT-OF- WAY for access by vehicles, persons and equipment over the Premises shown in Exhibit "A" (except building interiors), for the purpose of accessing the aforementioned stormwater easement areas. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference 1 the aforesaid permanent easements) shall be constructed within the aforesaid permanent easements and rights-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices. AND,Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements) shall be constructed or placed within the aforesaid permanent easements and rights-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of,inspect,maintain, alter,improve,repair, remove,replace or change the size of any stormwater, drainage and/or sediment control facilities, including ditches,ponds, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements, no trees or other plants will be planted or cultivated that may interfere with the said easements and rights-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements, it will not permit or conduct any mining, excavation, construction or blasting within said easements and rights-of-way. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee that explicitly reference the aforesaid permanent easements, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or 2 interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by these easements, or any rights therein: "Being the purpose of the said stormwater and access easements and rights-of way to convey rights to the Town of Ithaca for stormwater, drainage, sediment control and stormwater management purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below-described permanent easements and rights-of-way, and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in permanent easements and rights-of-way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed." AND FURTHER, Grantor and the Town acknowledge that the easements and rights-of-way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said rights-of-way and easements unto the Town, its successors and assigns forever, it being the intent of the Grantor to have these easements and all related rights-of-way herein expressed run with the land forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that Grantee will at all times, when it enters the Premises for any purpose related to the permanent easements as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry. IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. 3 RAMJI HOSPITALITY, LLC TOWN OF ITHACA By: By: Pratik Ahir William D. Goodman President & CEO Supervisor State of New York ) County of Tompkins ) ss.: On the day of in the year 20_ before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. Notary Public State of New York ) County of Tompkins ) ss.: On the day of in the year 20_ before me, the undersigned, personally appeared William D. Goodman personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. Notary Public 4 MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018- - Refund of Water Charles to Cornell University, Utility Billing Account No. A5814. Whereas, prior to the November 15, 2017 water usage reading for utility billing account no. A5814 for customer Cornell University, employees of the university replaced the water meter for this account where the new meter incorrectly read water usage in gallons instead of cubic feet as the account had been set-up for; and Whereas, the water usage reading taken from this water meter on November 15, 2017, recorded by the water meter in gallons, was incorrectly used as cubic feet in the calculation of the December 1, 2017 water bill, which produced a water bill in the amount of $44,119.10, an overbilling of$41,826.60; and Whereas, prior to the Bolton Point staff adjusting the amount due for this account, the customer made a payment to the Town of Ithaca on December 11, 2017 in the full amount due of $44,119.10, resulting in a credit balance on the account of $41,826.60 after adjustment of the account on February 21, 2018, and Whereas, after deducting the March 1, 2018 billing in the amount of$1,279.30, June 1, 2018 billing in the amount of $1,279.30 and September 1, 2018 billing in the amount of $1,279.30, there remains a credit balance in the amount of$37,988.70; and Whereas, customer Cornell University has requested a refund of this $37,988.70 credit balance, now, therefore, be it Resolved, the Town Board of the Town of Ithaca hereby authorizes a refund of $37,988.70 for water charges to be paid to Cornell University, Attn: Utilities Finance, 107 Humphreys Service Building, Ithaca, NY 14850. Moved: Seconded: Vote: Town of Ithaca Department of Public Works To: Ithaca Town Board From: James Weber, Highway Superintendent/Director of Public Works Re: Inventory of Highway Machinery and Equipment Date: September 10, 2018 As Part of the 2019 Budget request, I am proposing the following vehicle replacement and new equipment: • 2 Pickup Trucks w/Plow (468,69) $100,000 Highway/W/S/Park • "Tool cat"utility tractor (443) $80,000 Highway/Park/W/S • "Ventrac"utility tractor(45 1) $55,000 Highway/Park • Diesel Mower(452) $18,000 Park/Stormwater/W/S • 2 Medium Duty Dump Truck(48,20) $200,000 Highway/Park/W/S/Storm • Ford Escape(430) $33,000 Codes • 2 Trailers (4T11, T3) $22,000 Highway/Parks/W/S • N(..w Maintenance Vehicle"" $38,000 Highway/Maintenance/W/S • N(. One Ton Dump DBL Cab"" $75,000 Highway/Parks/W/S/Storm • N(..w Mini Excavator"" $120,000 Highway/Parks/W/S/Storm As Part of the 2019 Budget request, I have identified the following costs for vehicle and equipment maintenance: This represents an increased budget (*) compared to FY 2018 • Highway/Machinery* $105,000 • Parks $20,000 • Water $10,000 • Sewer $15,000 • Engineering $2,500 $152,500 MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018 - : Approval of revised Access to Public Records Procedures Whereas the Personnel and Organization Committee has reviewed and recommended changes to the Access to Public Record Procedures to incorporate the Committee on Open Governments written opinions on access to certain stamped records, to reiterate the Town's policy on digital records designated as the official record, and to reinforce the Town's focus on customer friendly processes, now therefore be it Resolved that the Town Board approves of the revised Access to Public Records Procedures as submitted. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018 - : Approval of revised Rules for Public Access and Uses of Town Meeting Rooms and associated changes to the Room Use Application Whereas the Personnel and Organization Committee has reviewed and recommended changes to the Rules for Public Access and Uses of Town Meeting Rooms and associated changes to the Room Use Application to clearly indicate that all uses of public meeting rooms must be open to the public, including media, with the sole exception of political caucus', now therefore be it Resolved that the Town Board approves of the revised Rules for Public Access and Uses of Town Meeting Rooms and associated Room Use Application as submitted. Moved: Seconded: Vote: Town Board Memo September 10, 2018 Access to Public Records Background—The Town has a policy that outlines how we fulfill FOIL requests and any request to look at records because at one point people were told to fill out forms for even simple and routine requests and in some cases it was a hassle. Now that our documents are digital, the procedure has changed significantly. Also, we used to consider engineer stamped plans or documents as not subject to FOIL but the Committee On Open Government (COOG)has strongly opined that these documents are not exempt and if there is an issue of copyright infringement or copying by another engineer of plans to save them time and money, that is a legal issue between the engineers, not for FOIL. Desired Outcome—The revisions are making it very clear that the official document is the digital document, that stamped documents are still public and to ask the Town Clerk before denying any request for access to any record. It also reiterates that no form is necessary; a call, email or in- person request must be fulfilled whenever possible and again, check with me when in any doubt. Changes to Room Use Form for Public Access to meetings or events at Town Facilities Background- Town Hall rooms are available to anyone as long as the use is open to the public. Rules should be posted and I couldn't find the"old" one and I used the template provided by COOG and slightly expanded it to include ALL uses of Town Hall rooms whether or not the use falls under Open Meetings Law to any use. For example, Ms. Lifton was having a Town Hall style meeting a few weeks ago and did not want reporters recording in any way. Technically, the use did not fall under Open Meetings Rules, but in using the room, it is the Town's rule that the use be open to the public like it does fall under OML. To make this completely clear, I would like to change the Room Use Form to include the Rules for Public Access to Meetings or Uses of Town Rooms which was fashioned after the template supplied by the COOG. I also would like to remove the section detailing specific groups or associations that would allow the use because it seems to not really exclude anyone and therefore is not really necessary. TB September 2018 Town of Ithaca Access to Public Records Procedure Goal: To make it as easy as possible for members of the public to access town records and to remove any obstacles that could be perceived as unnecessarily delaying access to open records. Intent: To encourage and facilitate openness in government and to ensure that requests for information are fulfilled in accordance with the New York State Freedom of Information Law(FOIL). Pursuant to FOIL, any person can request to view or have copies made of records. Re qu made verbally, either on the phone or in person, or in writing on any piece of paper,via email, or on Town uest for Access to Records form(the form is for convenience only and is not required). FOIL state people req ng records cannot be asked to give their names or why they want access to the record(s). cess ld be deme my based on the exceptions listed in FOIL. Persons openly stating they want information talicitat urposes ould be referred to the Town Clerk. If a request is vague, staff should make every empt t assist rsor detailing exactly what he or she is looking for. " Oh 4f When in doubt, staff should ask the Town Clerk. There are doe hat in it Jj,but if you feel something should be withheld,please consult with the Town C rk or the depart he 0 For example, a common misconception is that an engineer-stamped plan or document ca ased y on the professional stamp. This is not the case. If a request is large,vague or might be litigi w with the Town Clerk since retention periods and fulfillment criteria may have to P CEDURE � I PROPERTY FILES (Codes and Plan Public Reviewing of Files The digitized record is the offic' Jjj an Id be given to the requestor if available. If there is no digital copy,retrieve the hard copy. Requests for Active Recor Active records are held upstal d easily ac ssible. Every effort should be made to fulfill the request at the time it is made. No form n req necess Example: Re "U1 r pr erty files for a particular address. These files have been scanned into Municity,please check th�e�� t. ��re & safety operating permits may still be in the lateral files.) Req for I tive Inactive r re held in e archives vault or inactive storage room. If a request for inactive records is made verbally, s hould fill out a Request for Access to Records form detailing the request and tell the person approximate long it will take to fulfill. Staff should inform the person requesting access that personal information is o al but not required. If the person does not wish to identify him- or herself, staff should ask how he or she would]i e to be contacted when the request is fulfilled. Example: Request for planning file associated with a particular property. These are kept downstairs in the inactive room. Staff can reasonably state a time frame for retrieving the document(s) and ask for contact information. OTHER For other records such as financial reports, Town Board correspondence, specific topics of discussion, (Deer Report/Culling), etc.,requests should be directed to the Town Clerk for fulfillment. Town of Ithaca Access to Public Records Procedure Goal: To make it as easy as possible for members of the public to access town records and to remove any obstacles that could be perceived as unnecessarily delaying access to open records. Intent: To encourage and facilitate openness in government and to ensure that requests for information are fulfilled in accordance with the New York State Freedom of Informat' Law (FOIL), as discussed below. Pursuant to FOIL, any person can request to view or have copies made of rec ues� can be made verbally, either on the phone or in person, or in writing on any piece p r, a email, or on the Town's Request for Access to Records form (the form is for c hien o "'y and is not required). FOIL states that people requesting records cannot be a e t eir names or why they want access to the record(s). Access should be denied on per ns stating they want information for solicitation purposes; those individuals should r ,e : he Town Clerk, who will review their options with them. If a request is vagu s o IqU°"'make every attempt to assist the requestor in detailing exactly what he or she is I king Very few documents are exempt. One common exe do ' ng plans with an engineer's stamp—can be viewed by anyone, but can be co ie d sca ed only for the owner of the property. When in doubt, staff should ask the C Procedure I m� ........�I�Illlllllllllllll�m. Public Reviewing of Files Public reviewing of files for inforNtion urposes or in contemplation of requesting copies should be done in the prese n employee to protect against theft or illegal copying of proprietary information. or xalle, signed architect drawings are proprietary and must not be copied or photographe eI ionic devices now a norm, general supervision should be in place. Please refer 1 vi epartmental procedures. Requests fo c e �IIIIIIRIIIII rds Active rec s records held upstairs and easily accessible. Every effort should be made to fulfi he r���e" ethe time it is made. No form or written request is necessary. Ex ple: �IIIIIIRe I st for property files for a particular address. These files are kept in the PEZ area and rea ily available; they can be produced for inspection within minutes. Requests for Inactive Records Inactive records are those records held in the archives vault or inactive storage room. If a request for inactive records is made verbally, staff should fill out a Request for Access to Records form detailing the request and tell the person approximately how long it will take to fulfill. Staff should inform the person requesting access that personal information is optional but not required. If the person does not wish to identify him- or herself, staff should ask how he or she would like to be contacted when the request is fulfilled. Example: Request for building permits associated with a particular property. These are kept downstairs in the archives. Staff should look up the information held by the Town and ask whether the person requesting the information wants to see all permits for that property or a particular subset. Once the scope of the request is determined, staff should provide the person with an estimated timeframe for fulfillment and ask how he or she would like to be contacted when the documents are gathered. IIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII IIIIIIIIIIII I IIIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIIIIIII��� I IIIIIIIIII Illllllllllllllll�m. IIIIIIIII IIIIIIIIII IIIIIIIII IIVIIIIIIII flim°. IIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIII I��� TOWN OF ITHACA RECORDS MANAGEMENT POLICY RECORDS MANAGEMENT OFFICER AND PROGRAM Pursuant to Article 57-A of the Arts and Cultural Affairs Law of the State of New York there shall be a records management program established under the jurisdiction of the Ithaca Town Clerk as Records Management Officer (RMO). The Town Clerk or his/her designee is hereby given the responsibility and authority to assist departments, boards, and committees in the management and maintenance of active, inactive, and archival public records of the Town of Ithaca, and their storage in accordance with local, state, and federal laws and guidelines. General Policy Statement: It is the Policy of the Town of Ithaca to adhere to the State Archives and Records Administration's published State Records Retention and Disposition Schedule known as the SARA MU-1 Schedule. Digital records, when existing, are the official record of the Town and will supersede any remaining physical record. POWERS AND DUTIES The Records Management Officer, in conjunction with the Records Management Advisory Board (RMAB), shall assist in the efficient administration, determination of value, use, preservation, storage, and disposition of the public records kept, filed or received by the offices, departments, boards, and committees of the Town of Ithaca. The RMO shall: 1) Assist departments, boards, and committees in the continual survey and examination of public records for classification to determine the most suitable methods to be used for the maintaining, storing, and servicing of: a) Obsolete and unnecessary records that are subject to disposition according to New York State Records Retention and Disposition Schedules (MU1 Schedule). b) Records containing administrative,legal, fiscal, research,historical or educational value that warrants their permanent retention. c) Records not subject to disposition according to the MU1 Schedule: i) The MU-1 Schedule allows for the extension of retention schedules and the setting of new record series retention schedules provided they are reviewed, approved, recorded and evaluated periodically by the Records Management Advisory Board and/or the Town Board when applicable. 2) Record and conduct periodic review of instances where the MU1 Schedule retention periods are extended for relevance and efficiency. 3) Advise and assist Town departments,boards, and committees in the establishment of guidelines for proper records management in accordance with local, state, and federal laws and guidelines. Revised and Adopted November 7,2016 Pg 1 4) Advise and Assist Town departments, boards, and committees in the storage, processing, and servicing of all inactive and archival records. 5) Assist in the education and training opportunities for all Town employees in proper records management as defined by law. RECORDS MANAGEMENT ADVISORY BOARD The Records Management Advisory Board will work with and provide advice to the RMO. 1) The Board will meet at least twice yearly to: a) Provide advice to the RMO on the development and review of the records management program. b) Review the performance of the policy and associated procedures and propose changes and improvements when necessary. c) Review retention periods proposed by the RMO for new record series, for records not covered by the MUl Schedule, and for requests to extend retention periods. d) Review the listing of record series to identify those which should be archival. 2) The RMAB shall consist of: • the Town Clerk(RMO) • two Town Board members, one of which shall be the Town Supervisor and an additional Town Board member appointed by the Supervisor • the Town Network and Records Specialist • the Town Historian • support staff of the Planning, Zoning,Public Works Departments as needed. CUSTODY All records of the Town of Ithaca are considered to be owned by the Town of Ithaca as an entity regardless of what department or person originally created, received, or physically possesses them. Records are maintained by the town personnel for the benefit of the public and all levels of government. Physical records should not be removed from town property without the consent of the RMO and/or the RMAB. Physical records deemed historical will be kept onsite or delivered to the Historical Society after consultation with their Director and Town Board approval. Digital records, when existing, are the official record of the Town. 1) The RMO is the official custodian of all Town records and the person ultimately responsible for all archival records. 2) Original physical records should not be removed from the premises without the consent of the RMO and/or the RMAB. Revised and Adopted November 7,2016 Pg 2 3) Any new record series not listed in the MU1 Schedule for disposition on a continual basis requires authorization for disposition by the RMAB as well as the Town Board DEFINITIONS 1) Archives: those official records that have been determined by the MU-1 Schedule, the Records Management Officer, the Records Management Advisory Board, or the Town Board to have sufficient historical or other value to warrant their continued preservation by the Town of Ithaca. 2) Records: any documents, books,papers,photographs, sound recording, microfilms, or any other materials, regardless of physical form or characteristics, made, produced, executed or received, pursuant to law or ordinance or in connection with the transaction of official Town of Ithaca business. Records do not include library materials, extra copies of documents created only for convenience, and stocks of publications. 3) Records Management: the planning, controlling, directing, organizing, training,promotion, and other managerial use and records disposition, including, records preservation, records disposal, and records center or other storage facilities or preservation medium. 4) Records Disposition: the removal by the Town of Ithaca, in accordance with the SARA MU-1 Schedule, of records no longer necessary for conducting of business by such agency. 5) Records Management Center: a location maintained for the storage, servicing, security, and processing of records that must be preserved for varying periods of time and need not be retained in office equipment or space. This includes preservation mediums such as digital and cloud based storage applications. 6) Servicing: making information in records available to an agency for official use or to the public. Revised and Adopted November 7,2016 Pg 3 TB September 2018 TOWN OF ITHACA ROOM USE APPLICATION Today's Date: Approved: Date(s)Requested: Time Requested: start: end INFORMATION ABOUT YOUR GROUP & INTENDED USE Name of Organization or Group: Name of Event and/or Intended Use: ����i Name of the person designated to be responsible for event Mailing Address: Telephone: (Day) Specific Room being requested: Shirley Raffensperger Room (B rd urt Room)—no more than 90 persons Aurora Room—no more ne Tioga Room—no more than 16 persons Town Hall Lobby—fu*i a�tha 00 persons Public Works —no more than 25 persons Submission of an a is does not guarantee use of the room. After-hours use of a meeting room requires th e e ' ked up no later than 3:30 the day of the use or the Friday prior to a weekend use. Fi t-time rs will be given an orientation based on the attached rules. I� AGREE T The under e iuu ))21 years of age and has read this form and attached regulations and agrees to comply with the e ees to be responsible to the Town of Ithaca for the use and care of the facilities. The Organization li abo doe reby covenant and agree to defend, indemnify and hold harmless the Town of Ithaca and all its age kers, employees, and elected officials from and against any and all liability,loss,damages,claims, actions, suits a xpenses (including costs and reasonable attorneys fees) for bodily injury, sickness, disease or death and/or property IYnage, 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 Organization. Signature of Organization's Representative Print Name Please read the Room Use Policy& return form to townclerkLtown.ithaca.ny.us (2018) Page 1 of 5 TB September 2018 Town of Ithaca Room Use Policy for Outside Groups and Organizations Section 1: Availability The Town Hall meeting rooms, being principally the Shirley A. Raffensperger Room (Boardroom), Lobby, Aurora, and Tioga Conference Rooms, and the Public Works Facility Conference Room, may be used on an occasional basis not to exceed 12 times a year for each outside group or organization. Section 2: Rules Regarding Public Access and Recording �rl�� bio Any and all uses of meeting rooms by outside groups or organizations mu e en he public without restrictions, including but not limited to the media and reco »> type. The only exception to public access and recording will be when a public ping for the purpose of conducting public business, as defined by the NYS Ope eeti w(OML), is in executive session or other closed session as permitted by the O L. cept properly convened executive and closed sessions, all other portions o me line ether by a public body or any other type of group or organization) are consider der these Rules to be the public portion of a meeting. A) Recording and Broadcasting Public Portio0 Mee gs: � i. A public portion of any meeting ypho 1111 raphed, recorded, and/or broadcast. pIUUU1lk, ii. There is no privacy interes n s made during public portions of meetings. Distaste or embarrassment 011 not onstitute a basis for prohibiting or limiting the photographing, reco ng, b%9#0 asting of those present at a meeting. B) Rules for Recording do ng Public Portions of Meetings i. Operation e ent to photograph, record, or broadcast a meeting is permitted without for h ation unless it is disruptive or interferes with the deliberative process r the a ity�of those in attendance to observe or listen to the proceedings. The p �I b /us may designate certain areas of the room for equipment, as long as it is t li 'iting e reasonable capabilities of recording the proceedings. Se on Sc uling No use shall be permitted if the use conflicts with any use, program, or meeting of any governing body or agency of the Town of Ithaca. 2. Reasonable efforts will be made by the Town to schedule use of the Town meeting rooms by outside organizations. However, in the event of an emergency or other immediate need for the Town to use the meeting room, the Town reserves the right to preempt the planned use by any outside organization if the room is needed for the Town in the performance of a Town municipal function. (2018) Page 2 of 5 TB September 2018 Section 4 Permitted Uses 1. Use shall be limited to meetings and not for social events, dances, performances, or other activities involving significant physical movement. 2. No admission fees or similar charges shall be made by the organization using the meeting room. 3. No organization or entity using the meeting room shall exclude any person ing to attend the event by reason of such person's age, race, creed, color, on in, gender, disability, marital status, or sexual orientation. 4. No organization or entity using the meeting room shall restrict or prohi the media or the public from photographing or recording the event, except as o e ovided in Section 2. Section 5 Responsibilities of User ljj 1. User is responsible for ensuring that no damage occurs t e room or furnishings and for returning the room to its original confii� efore departing. Town staff is not responsible for providing or rearranging u . re or quipment. ilij 2. User is responsible for providing A o/v' "'al e pment for their use. Any and all Town equipment located in the resery o an Abe used. This includes, but is not limited to, amplification system, micr o qer AV equipment. 3. User is responsible for u�i tI "horseshoe" table and the Judge's bench area in the Boardroom are n used any reason. Sitting at, behind, or in either of these locations is prohi� �� 4. User is respo ib ensuring that no food or beverages shall be served or consumed at the Publi o �lity or Town Hall except in the Lobby, and then only with the express missio of the Town Clerk. Under no circumstances shall alcoholic beverages be , llo d on Town premises. n 5.jjjjjyy1 �r risible for ensuring that any entrances to the room and the building are s u upon leaving. 6. User is permitted to use only the room(s) they have reserved and shall not use any other 'rtion of the facility or enter the Town Hall office area for any reason. 7. Failure to adhere to these rules may result in a Town Board determination that the organization or person will be barred from using meeting rooms in the future. (2018) Page 3 of 5 TB September 2018 Section 6 Application Procedure Any organization seeking to use Town meeting rooms shall complete the Room Use Application. If the application is accepted and the use scheduled, an orientation with the Town Clerk's office will be held and the person designated as responsible for the use will sign an Orientation Checklist acknowledging familiarity with Section 2: Rules Regarding Use. (If reservation is outside normal hours, i.e. Sat/Sun or evenings, orientation should be scheduled during normal business hours closest to the event date to avoid conflicts with the availability of the key Section 7: Indemnity �lOUIJ Any group or individual using the premises pursuant to these policies sh ag aart of the application process, to defend, indemnify and hold the Town harmless fo UD1l iabilities, losses, damages, claims, actions, suits, and expenses (including a attorneys' fees) arising out of or in connection with the actual or proposed e of t p mises by such organization or individual. Section 8: Appeal to Town Supervisor Any person aggrieved by the decision of the Tow a deny or grant the use of any of the above-mentioned Town facilities, or by any oth r ision the Town staff related thereto, may appeal such decision to the Town Supervisor ovi th ppeal is made within 15 days of the decision of the Town staff from which a p J,is g taken. Any decision of the Town Supervisor may be reviewed pursuan 1 le of the Civil Practice Laws and Rules, provided an action seeking such revi is 1 within 30 days of the date the Supervisor rendered his or her decision. ��DyyJ ��flNNnf Section 9: Right to Revise � �10� The foregoing states t poli yes oie Town as of the date of adoption of these policies. The Town reserves the ri t y time to modify the policies relative to the use of Town facilities, including abroga ' g e , e he right to use same by outside entities, groups or individuals not employed by or sociate with the Town's own municipal functions. (2018) Page 4 of 5 TB September 2018 Description to be removed: 1. Governmental bodies such as county, town, city, or village government in Tompkins County including committees of Common Council of the City of Ithaca, committees of the Tompkins County Board of Representatives, intermunicipal meetings of governmental officials or governmental bodies, and similar groups 2. State governmental agencies or officers such as Workers' Compensation Board hearing examiners, Department of Motor Vehicles hearing officers, and similar entities or individuals rr��iooa 3. Neighborhood organizations organized at least in part to advise the Town of Ithaca 4. Organizations to which an employee or officer of the Town belongs, if the Town employee or officer has been appointed to represent the Town in an official capacity, or if the membership dues (or other membership fees) have been paid by the Town as part of the employment or professional responsibilities or education of the employee or officer. Examples of such organizations include Tompkins County Area Development; Tompkins County Council of Governments; associations of Town Clerks, Municipal Planners, Engineers, Code Enforcement Officers; or other governmental or professional groups. A %.. 5. Other clubs or organizations, some of whose members in attendance reside in the Town of Ithaca such as, but not limited to, political organizations or recreational, social, interest, study, or social action groups. ��DyyJ ��flNNn6 ,,o��IVIIIIIIV (2018) Page 5 of 5 Town of Ithaca ROOM USE APPLICATION FOR NON-PROFIT ORGANIZATIONS Today's Date: Approved: Date(s)Requested: Time Requested: start: end Room(s)Requested: INFORMATION ABOUT YOUR GROUP &INTENDED USE Name of Organization or Group: I Name of the person designated to be responsible for event Mailing Address: Telephone: (Day) (Eve) Agb. (C Name of Event and/or Intended Use: Ahb N;; Room being requested Shirley Raffensperger Room(Town Board Roo own C Room)—no more than 90 persons Aurora Room—no more than 25 person %0 Tioga Room—no more than 16 persons Town Hall Lobby—no more than Pers ns Public Works—no more than 25 persons Submission of an application d s aran use of the room. Please see Availability Section of the Instructions. The person d d be sponsible for the reservation must schedule a room use orientation with the Town C 's of a du ormal business hours, Monday through Friday, 8:00 a.m—4:00 p.m.,and at least 30 minute io rt of the event. (If reservation is outside normal hours, i.e. Sat/Sun or evenings, orientatio ;) ul schedu"""led during normal business hours closest to the event date to avoid conflicts with the av ' ilit f th ys) AGREEMENT The undersigned is r ears of age and has read this form and attached regulations and agrees to comply with them. He/ agrees be sponsible to the Town of Ithaca for the use and care of the facilities. The Organization listed above s here covenant and agree to defend, indemnify and hold harmless the Town of Ithaca and all its agen er , pl es, and elected officials from and against any and all liability, loss, damages, claims, or acti (includin nd attorneys fees)for bodily injury, sickness, disease or death and/or property damage,to the exte permissi by law, arising out of or in connection with the actual or proposed use of the Town of Ithaca's prop faciliti and/or services by Signature of Organization's Representative Print Name Address of signer Telephone Number PLEASE READ THE ATTACHED INSTRUCTIONS&FAX or MAIL THE COMPLETED APPLICATION TO: Town of Ithaca Town Clerk,215 North Tioga Street,Ithaca,NY 14850 (607)273-5854 (2010) Page 1 of 4 Town of Ithaca Room Use Policy Non-Profit Organizations Section 1: Availability The Town Hall facilities, being principally the Shirley A. Raffensperger Meeting Room (Boardroom), the Marble Lobby, the Aurora, the Tioga and the Public orks Facility Conference Rooms, may be used on an occasional basis by the follow groups or organizations: 1. Governmental bodies such as county, town, city or 01 e ment in Tompkins County including committees of Common C cil the y of Ithaca, committees of the Tompkins County Board of Re des v��«f�termunicipal meetings of governmental officials or government similar groups 2. State governmental agencies or officers sucas rker Compensation Board hearing examiners, Department of Motor hi s g officers, and similar entities or individuals 3. Neighborhood organizations org at least n part to advise the Town of Ithaca 4. Organizations to which an r officer of the Town belongs, if the Town employee or officer haiee pp o ed to represent the Town in an official capacity, or if the me 1:rs ip (or other membership fees) have been paid by the Town as R, he mployment or professional responsibilities or education of th y fficer. Examples of such organizations include Tompkins Cou A opment; Tompkins County Council of Governments; associatio Cler s, Municipal Planners, Engineers, Code Enforcement Officers; oth go nmental or professional groups. osier 5. Other - rofit clubs or organizations, some of whose members in at danc a Ode in the Town of Ithaca such as, but not limited to, political atio or recreational, social, interest, study, or social action groups. (2010) Page 2 of 4 Section 2: Rules Regarding Use The use of the Town facilities by outside organizations shall be subject to the following rules. Failure to adhere to these rules may result in the organization or person being barred from using meeting rooms in the future. Scheduling 1. No use shall be permitted if the use conflicts with any use, progra or meeting of any governing body or agency of the Town of Ithaca. For exam meetings shall not be scheduled to conflict with board or committee eeti r court proceedings of the Town. IMM 2. Reasonable efforts will be made by the Town to sc dul fuse the Town facilities by outside organizations. However, in the v «111111ergency or other immediate need for the Town to use the f I Town reserves the right to preempt the planned use by any outsi orga ati '`n if the facility is needed for the Town in the performance of a "w unici I function. k� 3. Organizations described in 1(e) shall not us 91wn facilities more than 12 times per year. Permitted Uses 1. Use shall be limited to meet t for social events, dances, performances, or other activities involvi 'sig "caysical movement. 2. No admission fees s chpiges shall be made by the organization using the facility. 3. No organi ntity using the facility shall exclude any person seeking to attend t ev t b ason of such person's age, race, creed, color, national originj, a Wity, marital status, or sexual orientation. Respon " ilitie f er 09101 User sponsible for ensuring that no damage occurs to the room or furni ,ings and for returning the room to its original configuration before ing. Town staff is not responsible for providing or rearranging furniture or equipment. 2. User is responsible for providing Audio/visual equipment for their use. Any and all Town equipment located in the reserved room cannot be used. This includes, but is not limited to; amplification system, microphones, and projectors. 3. User is responsible for ensuring that the "horseshoe" table and the Judge's bench area in the Boardroom are not used for any reason. Sitting at, behind, or on either of these locations is prohibited. (2010) Page 3 of 4 4. User is responsible for ensuring that no food or beverages shall be served or consumed at Town Hall except in the Marble Lobby, and then only with the express permission of the Town Clerk. Under no circumstances shall alcoholic beverages be served or allowed on Town premises. 5. User is responsible for ensuring that any entrances to the room and the building are secured upon leaving. Section 3: Application Procedure Any organization seeking to use Town meeting rooms shall compl o Use Application. If the application is accepted and the use sched ! n e tion with the Town Clerk's office will be held and the person designat as s o ible for the use will sign an Orientation Checklist acknowledging familI, ri tion 2: Rules Regarding Use. Orientation should be scheduled with Ierk's office during normal business hours, Monday through Friday, 8:00 a. — 4:0 p. `., and at least 30 minutes prior to the start of the event. (If reservatio � 0"ou e no I al hours, i.e. Sat/Sun or evenings, orientation should be scheduled durin nor I f ss hours closest to the event date to avoid conflicts with the availability of th s) Section 4: Indemnity Any group or individual using the prem s pu ant to these policies shall agree, as part of the application process, to i i 'J d hold the Town harmless for any and all losses, damages, claims, and "en (in ding reasonable attorneys' fees) incurred by the Town by reason of a 'viii which occur on or about the premises as a result of the use of the pre" is su�� organization or individual. Section 5: Appeal to w isor ooffiuN Any person ag ve by t decision of the Town staff to deny or grant the use of any of the abov INTpown facilities, or by any other decision of the Town staff related theret ppeal such decision to the Town Supervisor, provided the appeal is made thin 1 a of the decision of the Town staff from which an appeal is being taken ecis" of the Town Supervisor may be reviewed pursuant to Article 78 of the ivil Pr c aws and Rules, provided an action seeking such review is instituted wit 30 d s of the date the Supervisor rendered his or her decision. Section : Right to Revise The foregoing states the policies of the Town as of the date of adoption of these policies. The Town reserves the right at any time to modify the policies relative to the use of Town facilities including abrogating entirely the right to use same by outside entities, groups or individuals not employed by or associated with the Town's own municipal functions. (2010) Page 4 of 4 MODEL RULES PUBLIC ACCESS TO MEETINGS OF (Insert name ofpublic body) Section 1 Purpose and scope: (a) The people's right to witness and observe the governmental decision-making process in action is basic to our society. Access to public portions of meetings of public bodies must be protected and maintained. (b)We adopt these guidelines in order to provide direction concerning the procedures by which public meetings of this public body may be photographed,recorded and broadcast. Section 2 Recording and Broadcasting Public Portions of Meetings: (a) The public portion of any meeting of apublic body may be photographed,recorded and broadcast. (b)A public body may adopt reasonable rules governing the location of equipment and personnel used to photograph,record or broadcast the public portion of a meeting in order to ensure that the use of such equipment does not detract from or interfere with the deliberative process. (c) There is no privacy interest in statements made during public portions of meetings of public bodies. Distaste or embarrassment shall not constitute a basis for prohibiting or limiting the photographing,recording or broadcasting of those present at a meeting. Section 3 Rules for Recording and Broadcasting Public Portions of Meetings: (a) Operation of equipment to photograph,record or broadcast a meeting is permitted unless it is obtrusive, disruptive, or interferes with the deliberative process or the right of persons in attendance to observe or listen to the proceedings. (b)Use of equipment necessary to photograph,record or broadcast is permitted without notice to or express permission from the public body or those in attendance at the meeting. (c)Use of equipment necessary to photograph,record or broadcast is permitted in a supervised or unsupervised manner. (d)Use of special lighting or large equipment necessary to photograph,record or broadcast a meeting is permitted unless it is obtrusive or disruptive. (e)Personnel who operate equipment necessary to photograph,record and/or broadcast a meeting shall be permitted to move about the room, as long as such movement does not disrupt or interfere with the deliberative process. (f)Use of equipment necessary to photograph,record and/or broadcast a meeting shall not be limited to a location from which such equipment is not reasonably capable of photographing,recording and/or broadcasting. (g)Persons operating equipment necessary to photograph,record and/or broadcast shall be given a reasonable opportunity to modify their actions in order to avoid interference with the deliberative process. Section 4 Public notice: These rules governing the operation of equipment necessary to photograph,record or broadcast a meeting shall be posted in a designated location. Written copies of such rules shall be provided upon request, free of charge, to those in attendance at or who seek to attend a meeting. Section 5 Severability: If any provision of these guidelines or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances. §108. Exemptions. Nothing contained in this article shall be construed as extending the provisions hereof to: 1.judicial or quasi-judicial proceedings, except proceedings of the public service commission and zoning boards of appeals; 2. a. deliberations of political committees, conferences and caucuses. b. for purposes of this section, the deliberations of political committees, conferences and caucuses means a private meeting of members of the senate or assembly of the state of New York, or of the legislative body of a county, city, town or village, who are members or adherents of the same political party, without regard to (i) the subject matter under discussion, including discussions of public business, (ii) the majority or minority status of such political committees, conferences and caucuses or (iii)whether such political committees, conferences and caucuses invite staff or guests to participate in their deliberations; and 3. any matter made confidential by federal or state law. MEETING OF THE ITHACA TOWN BOARD Monday, September 10, 2018 TB Resolution 2018-113: 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 c) Approval of Bolton Point Abstract d) Ratify appointment of Assistant Production Manager—BP e) Acknowledge SCLIWC Audited Financial Report for 2017 Moved: Seconded: Vote: Ayes — TB Resolution 2018- a: Approval of Minutes of August 27, and September 5, 2018 Whereas the draft Minutes of the August 27, and September 5, 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 27 and September 5, 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. 1167 - 1223 General Fund Townwide 43,371.58 General Fund Part-Town 2,944.47 Highway Fund Town Wide DA 2,469.54 Highway Fund Part Town DB 108,048.13 Water Fund 546,948.05 Sewer Fund 4,956.08 Ellis Hollow Water Tank—H10 42,076.42 Risk Retention Fund 160.93 Trust and Agency 1,750.00 TOTAL 752,725.20 TB Resolution 2018 - d: Appointment of Assistant Production Manager at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on September 6, 2018,provisionally appointed James Bower, Water Treatment Plant Operator, as the Assistant Production Manager, effective August 5, 2018; now, therefore, be it Resolved, that the Town of Ithaca does hereby ratify the Commission's provisional appointment of James Bower, Water Treatment Plant Operator, as the Assistant Production Manager, effective August 5, 2018, at an hourly rate of$27.17, in Job Classification `7', with full time benefits; and, be it further Resolved, the said appointment is a provisional appointment pending a civil service exam for Assistant Production Manager. TB Resolution 2018 - e: Acknowledge receipt of the SCLIWC /Bolton Point Audited Financial Report for 2017 Whereas the Town Board has received copies of the Audited Financial Report of SCLIWC aka Bolton Point for the year ending 2017, now therefore be it Resolved that the Town Board acknowledges receipt of the financial audit. Meeting of the Ithaca Town Board Monday,August 27, 2018 at 5:30 p.m. MINUTES Board Members Present: Bill Goodman, Town Supervisor; Pamela Bleiwas, Tee-Ann Hunter, Eric Levine (arrived at 5:15), Rich DePaolo, and Rod Howe Staff Present: Jim Weber, Highway Superintendent, Bruce Bates, Director of Code Enforcement, Judy Drake, Director of Human Resources, Sue Ritter, Director of Planning, and Debra DeAugistine, Deputy Town Clerk 1. Discuss Green Building Policy Nick Goldsmith gave an update on the Green Building Policy (GBP). The GBP report was approved in May. He's been focusing on other projects, so there's not been a lot of progress. He got approval from the funders (Park and the Funders' Network) to extend the grant contract and reallocate about $12,000 of remaining grant funds and he obtained unofficial agreement from Stream Collaborative and Taitem to continue work this fall. He's working on a contract amendment. He conducted research into specific elements of the GBP point system and other local green building laws and performed additional work planning the scope of work and the process for writing the policy. There's been lots of talk regarding North Campus and getting the GBP in place faster. Ms. Hunter asked whether the things Mr. Goldsmith is working on will be folded into our zoning ordinance or be standalone pieces of legislation. Mr. Goldsmith responded that they'll be standalone. Ms. Hunter pointed to a letter from Joe Wilson in which he said that the state's environmental review law is stronger that the town's. He encouraged us to look at the state and let their law inform our own. She asked what the town's planning staff response is to that concern. Ms. Ritter responded that the town has an environmental quality review that goes along with the state SEQR. The only differences are when certain Unlisted actions are elevated to Type I actions, requiring a full EIS. For example, the state requires that 500 new parking spaces elevate things to a Type I, whereas in the town, 500 spaces would be huge; ours is set at 100. A handful of things like that have been changed to Type L From what she's heard, Mr. Wilson wants us to modify our environmental review to include the DEC's checklist, which we used during Maplewood. We wouldn't want to do this automatically for every project, but maybe for a certain threshold. We should look at what the DEC actually requires and determine whether we need to require the whole checklist or just portions of it. She's guessing he's saying there's nothing in the town's SEQR regulations that addresses greenhouse gas emissions as well as he thinks we ought to. Maybe that could be part of looking at green buildings. TB 2018-08-27 pg. 1 Mr. Goldsmith said this could be folded into the green building policy. We've approved green building recommendations, but the policy has no teeth. Once the green building policy goes into effect, some of Mr. Wilson's concerns might disappear. Ms. Bleiwas asked whether the city is working with the same consultant to develop their policy. Mr. Goldsmith said they are. Ms. Bleiwas said it would be good for the policies to be as consistent as possible to have uniform rules across our county. She asked whether other local municipalities have adopted the policy. The most important aspect is that we work with the city. Mr. Goldsmith said Caroline has adopted some new requirements for site plans. Mr. Goodman said we've never drafted a law with the city before, so we don't know the best way to handle the process; we're making it up as we go along. Mr. Goodman knows some of the activists in town are worried that it will take a long time to adopt these policies into code and become applicable to new building projects. They're hoping we can get something in place before new big projects come along. The latest we've heard from Cornell is that they're not rushing ahead on East Hill. Their main priority right now is North Campus housing. He noted that a couple of the buildings will straddle the town-city line; this means we need to come up with an agreement with the city about who gets the building permit fees, who does the inspections, etc. In talking about the complications, one idea he's suggested to the city is that they might be interested in annexing that part of the town. Right now it's just playing fields and since they'll be building dorms, the parcel will be off the tax rolls. As it is now, the city side would be covered by the city fire department, but the town's side is covered by the Cayuga Heights fire department. So the buildings would be under the jurisdiction of two different fire departments. The city is thinking about that. Cornell is hesitant because they're worried that the process of annexation would take a long time. They're concerned about getting all the approvals in place so they can move ahead quickly. The basic requirement of state law is that there's a vote of residents. Currently,there is one existing building that straddles the boundary, so technically those students might have a vote on that annexation. Mr. DePaolo asked how this might affect our consideration of sidewalk and other districts. Mr. Goodman said that assuming Cornell will have their own sidewalks there, like they do at the Hasbrouck apartments, we'll have to figure out whether to include them in the Forest Home sidewalk district. In terms of the green building policy, it's possible that if we decide to do something like that and the city is responsible for all those buildings, it would be the city law that applied. It's possible that we don't have any big projects coming up quickly in terms of trying to get the green building policy into law soon. Ms. Hunter asked what entity in the town would be assigned to look at the policy. TB 2018-08-27 pg. 2 Mr. Goodman responded that once we get draft language from the consultants, it will probably go to codes and ordinances. Mr. DePaolo noted that one of Mr. Wilson's other concerns is the heat pump vs. natural gas issue. Cornell is saying that because they have their cogeneration facility, they'll generate their own on energy campus, but that's only 85 percent. They'll be using 30 million kW hours that are generated by their facility. The co-generation facility is natural gas. Ms. Ritter said the planning board, as an involved agency, is going to be commenting. 2. Consider authorizing Supervisor to sign an MOU with Cal Ripken League for pick-up games/extended season TB Resolution 2018-111: 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 MOU with the Cal Ripkin League for an extended season. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote Ayes: Goodman, Howe, DePaolo, Hunter, Bleiwas 3. Discuss and consider Supplemental agreement with Randall West for form-based zoning professional services TB Resolution 2018-112: Supplemental 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 TB 2018-08-27 pg. 3 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: Rod Howe Seconded: Rich DePaolo Vote: Ayes: Goodman, Howe, DePaolo, Hunter, Bleiwas 4. Committee Reports Public Works: Mr. Howe said they talked about needing to increase the budget for water and sewer maintenance,primarily to rebuild and replace pumps and motors. Mr. Weber said we're also $13,000 over budget because the South Hill - West Hill water study wasn't completed in 2017. Since the final billings came in 2018, funds for that project were paid out of this year. We want to move some money in just to cover those line items. Mr. Howe said staff put together some language regarding easements to cover cases where people have allowed trees to grow on an easement. Joe Slater has been very concerned about this. The committee discussed putting this out in the newsletter. Ms. Hunter added that there was discussion regarding a printed newsletter. Mr. Goodman said he talked to Mr. Solvig about putting money into the budget for at least one town-wide mailing per year. Mr. Howe said the committee talked about whether to combine the tours. Mr. Weber is working on a list of where we might visit. Mr. Goodman said there was a request to split the farm tour from the public works tour so it wouldn't take up a full day. He suggested the afternoon of October 19th for the farm tour and the morning of the 26th for the public works tour. Mr. Howe said the city requested a detour for their sidewalk project on Route 79, which would involve using Coy Glen and Westhaven roads. None of us thought it was a good idea. Mr. Weber said there are other more appropriate roadways. We have some geometric issues, specifically the intersection of Westhaven and Elm, where there are significant sight-line issues, and then the corner of Coy Glen and 13A. He would suggest all-way stops at both of those and potentially entering into road use agreements because they would use significantly larger vehicles on those roads than what they were designed for. But the recommendation of the committee is to not go there. TB 2018-08-27 pg. 4 Mr. Goodman pointed out that they just closed one lane and used flaggers for the work they did on Route 79 this year. Mr. Weber said there's a question of whether this is an official request or if they're trolling for ideas. We're hearing that the traffic component associated with the project is far exceeding the budget, and they're looking for methods to save money. Mr. Weber gave an update on projects. The Ellis Hollow tank is online and operating. We still have paving and fencing work and the final restoration. We started paving Perry Lane today and should be ready to close it out in a couple of weeks. For Chase Lane, there was question regarding striping and whether to do centerline, fog line, both, or nothing. Mr. Howe said a section of guard rail on Forest Home Drive is gone between McIntyre and Judd Falls. Codes and Ordinances: Mr. Goodman reported that the committee reconvened in July and started talking about changes to the noise ordinance. We also talked about backyard campfires, which the committee had looked at a number of years ago after some complaints from a resident on South Hill. Those issues died down, so the committee never made a recommendation. After some discussion, we won't make a recommendation either. The committee previously looked at setbacks of campfires from property lines. Those regulations wouldn't affect the issue that has arisen now because the neighbor having the problem isn't on an adjoining property. His concern is with the general health of outdoor burning. The committee isn't interested in coming up with regulations to tackle that. Mr. DePaolo thought the neighbor indicated he has health issues, not that he's concerned with health issues in general. The neighbor said there's been burning on two properties, one which is adjacent to him. Mr. Goodman said he hadn't heard that, so Mr. DePaolo will forward the email to him. He said they're reviewed some of the calculations for the stream setback law. Ms. Ritter said it concerns when a plat requires a stream to be shown on it. The way the law is written, it requires any subdivision map that has a regulated stream on it to show the stream setback on the plat. In the cases where there's a larger stream and when there are slopes, you need to look very carefully because you have to know the high water mark and the location of the slopes, so you'd have to get it surveyed. We had two subdivisions before the planning board recently, one with over 50 acres and a huge stream on the property. They plan to sell most of the land to the state parks, so why should they go to the expense of having to show where the setbacks are when there's no proposed development anywhere near there? That's what we want to modify. Other or Intermunicipal Mr. Goodman said the short term rental committee met last Thursday and we focused on questions a Renwick Heights neighbor had on the draft law. We spent time talking about cases in which there are two units on a parcel, such as a primary residence and an accessory dwelling TB 2018-08-27 pg. 5 unit. Could the owners rent out both units when they go away? At this point, we're only developing regulations for unhosted rentals. Does each unit get to be rented out for the maximum of 29 days? That's the limit in the draft. The committee is interested in a total limit of 29 days for both. Susan Brock has looked at the draft and made comments. Ms. Drake gave an update on the health consortium. They approved bringing in the villages of Freeville and Lansing, so every municipality in Tompkins County has joined. We have the potential to bring in ten new members by January 1, one being Seneca County. We'll be up to 40 municipal members. Ms. Hunter said that Roxy Johnson of the city water department will be talking to Venetia Lannon, the deputy secretary of the environment out of the governor's office. We had an initial conversation in which she put forth the idea of a possible watershed governance pilot project, and whether Cayuga Lake would be a good fit for that project. The Seneca watershed has appointed someone to head the regional initiative out of Geneva. Mr. Goodman said the sidewalk committee looked at a possible Forest Home sidewalk district. Based on numbers from the Forest Home lighting district, if we wanted to raise $100,000 for a sidewalk project just from tax parcels in that district, the amount for a$300,000 home would be about $700 if done all in one year. If we expand the sidewalk district to include some Cornell parcels, what might the figures look like? The other option would be to collect the money from the sidewalk district parcels over time instead of all in one year. 5. Report of Town Officials Mr. Goodman noted that the codes department is working very hard to try and accommodate the Maplewood project. They now have the townhomes along Mitchell Street and two big apartment buildings behind them have temporary COs. Friday, another interior townhome got a TCO. They're putting many students up in hotels. Construction will probably continue for a few more months. Once Cornell realized how far behind they were, they stopped signing leases. He mentioned to Cornell reps recently that if Cornell is going to continue doing these big projects, they need to make contributions to the town for items other than fire protection. Currently, they pay the city $500,000 per year for impacts outside the fire department, but we don't get anything. 6. Consider Consent Agenda Items TB Resolution 2018-113: 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 TB 2018-08-27 pg. 6 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes —Goodman, Howe, DePaolo, Hunter, Bleiwas, Levine TB Resolution 2018-113a: Approval of Minutes of 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 2018-113b: 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—H10 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 Coddington Road Lighting District 118.86 TOTAL 620,802.90 TB 2018-08-27 pg-7 7. Public Hearings -Noise Permits for: a. Cayuga Medical Center Foundation fundraising event at the Country Club, 189 Pleasant Grove Rd., on September 8th from 5 to 10 p.m. Mr. Goodman opened the public hearing at 5:39 p.m.; hearing no one,he closed it at 5:39. Mr. DePaolo asked who typically gets the noise permit: the event organizer or the property owner. Mr. Goodman said he assumed it was the event sponsor. It's something the codes and ordinances committee can look at while revising the noise ordinance. Ms. Ritter said that for the planning board,the applicant has to provide an owner's certification to make sure that whoever is applying has the permission of the property owner. TB Resolution 2018-114: 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 8th from 5 to 10 p.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 approves 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 TB 2018-08-27 pg. 8 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: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes —Goodman, Howe, DePaolo, Hunter, Levine, Bleiwas b. Ithaca Beer - second half of its weekly dinner music on Wednesdays from 6 to 9 p.m. Mr. Goodman opened the public hearing at 5:43 p.m.;hearing no one,he closed it at 5:43. Mr. DePaolo said he was there a couple weeks ago, and it was totally reasonable. The hay bales seemed to have helped,but the volume itself, even without the mitigation,was reasonable. They had a quartet and a vocalist. Conversations could be had at a distance 60 or 70 feet. The regular Wednesday event seems to be low key. Mr. Goodman said Larry Salinger had submitted an email before the last public hearing,but we haven't heard anything since then from any of the neighbors. TB Resolution 2018-115: Approval of a Noise Permit for the second half of Ithaca Beer's dinner music series on Wednesdays from 5 to 8 p.m. Whereas, the Town Board issued a noise permit for the first half of the requested period for Wednesday dinner music series at Ithaca Beer, and Whereas, the Town Board has heard no complaints about the series and some good comments from neighbors who had requested an approval be divided into two series, therefore be it Resolved, that the Town Board grants a noise permit to Ithaca Beer the second half of their dinner music series held on Wednesday nights from 5 to 8 p.m. 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 is needed to provide dinner music to the area, and 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 intended to be and has proven to be background in nature and not overly intrusive; the amplification speakers must be located on the taproom lawn and face Route 13. TB 2018-08-27 pg. 9 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 music is for a limited amount of time during the early evenings on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. Moved: Rich DePaolo Seconded: Eric Levine Vote: Ayes —Goodman, Howe, DePaolo, Hunter, Levine, Bleiwas 8. Adjournment The meeting was adjourned at 5:48 p.m. Submitted by Debra DeAugistine, Deputy Town Clerk TB 2018-08-27 pg. 10 MEETING OF THE ITHACA TOWN BOARD Wednesday, September 5, 2018 @ Noon Minutes Board Members Present: Bill Goodman, Pat Leary, Pamela Bleiwas and Eric Levine; Paulette Rosa, Town Clerk Mr. Goodman opened the meeting at 12:02 p.m. 1. Discuss and consider approval of a change of date for the noise permit associated with the Hoptoberfest at Ithaca Beer Mr. Goodman explained that there was a scheduling and communication issue with the band and Ithaca Beer has requested that the date be changed to the week before. The original approval was for October 201' and the new date requested in October 131'. TB Resolution 2018 - 116: Approval of change of date for the noise permit associated with the Hoptoberfest at Ithaca Beer Whereas the Town Board approved a noise permit for Ithaca Beer to hold an event on October 201i with amplified music, and Whereas there has been a change in date for the event, now therefore be it Resolved that the Town Board approves the change of date for the Hotoberfest event from October 201i to October 131'with the condition that Ithaca Beer notify its immediate neighbors through their existing neighborhood distribution list and copy the Town Clerk on said notification. Moved: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes —Bleiwas, Levine, Goodman and Leary Meeting adjourned upon a motion and a second at 12:05 p.m. Submitted by Paulette Rosa, Town Clerk