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TB Packet 2017-03-13
Meeting of the Ithaca Town Board Monday,March 13, 2017 Agenda I. Gall to Order and Pledge of Allegiance 2. 5.30 p.m. Public hearing regarding a proposed Local Law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities Consider adoption 3. 5:30 p.m. Public hearing regarding a proposed local law entitled "Amending the Town of Ithaca Code, Chapter 270 titled "Zoning," to allow historic barns as principal buildings on non-faun lots in the Conservation and Low Density residential zones." Consider SEAR Consider Adoption 4. 5:30 p.m. Public hearing regarding a request for a, waiver from the Moratorium on two- family dwellings for a parcel on Coddington Rd Consider approval 5. Discuss and consider setting a public hearing to adopt a proposed local law entitled "Amending Chapter 184 of the Town of Ithaca code, titled "Noise," regarding Noise Permit Applications" &. Discuss and consider authorization for the Supervisor to sign the settlement agreement with Badger 7. 'Supervisor's year-end report and Management Team reports 8. Reports from the Association of Towns Meeting. 9.. Review and approve 2016 year-end budget transfers. 10. Consider Consent,Agenda Items a. Approval of Town Board Meeting Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify permanent appointment of Production Manager—Bolton Point e. Ratify permanent appointment of Water Treatment Production Officer—Bolton Point 11. Review of Correspondence 12. Report of Town.Officials 13. Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: Cl OVERTISEMENT/NOTICE ONOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL F1 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Waiver for Coddington Rd property from the requirements of the moratorium on 2-family additions Location of Sign Board Used for Posting: t yaw Town Clerk*s Office 'The 11hoa,T*Wq'0oa(dWM hotd a 'OLA5116 'h6arfng on 215 North Tioga Street Mardi 13_2017 b0tilnrtho al� 5�30p,urr, Y, 4t *roWn,,,�,gt, IthacaNY 14850 jt6oalst" ro4a, , a 6s,roposed sfvatvor froriy,jbo r" uPxerrvehts of kj,we mpen- #rsrr uffn ' on 'thFr6400,0� dw)MOngs corrantly Town website at www.town.ithacauny.us for 4 0iir6.t at -Ul eaddiri wh Road, ptwht4b ltriui alP Int6resferl pk/00 hidbe board th�,x,Orhe. Date of Posting: 3/1/2017 PaWfeute Ko%tk Date of fica *on:' 7 rxrxaa /VI�IVOW 7 Paulette Rosav Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 1'/--4--1day of 2017. NotA�LPpblic Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Ouillfiod in Tcjrripkin<,county My Commission Expires June 19,20 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: 0 VERTISEMENT/NOTICE OTICE OF PUBLIC HEARINGS 1:-1 NOTICE OF ESTOPPEL 0 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER LL for gift to the City of Ithaca for Parks Location of Sign Board Used for Posting: Town Clerk's Office T'nwer+af ttPtackr 215 North Tloga Street Notice f.Pno,, Hearing Ithaca, NY 14850 ill holdtta public TownBoardon , p March 13, 2017 beginnin+ � at 5'30 p.m, at Town: Hats, 1215 N Tlog a St., regardirtt� Town website at www.town.lthaca.ny.us -a ''A proposed local taw em"?, [lad "Authorizing a'vlane� 9 txaty Gift to-the City Of utter^ ca to support, Gass Park and Stewart Park Recreational.: a°acXlXties" at which time a1X,'. Date of Posting: 3/1/201intorested parties may he hoord concerning that sanne Date of Pu 'caa tion: % p4wratte Rosa Town star, Pau ette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this <_ '"' day of 2017. l a .e �� . Notar .P�tbltc --- ,1 Debra DeAugistine Notary PuNic-Stato of New York No.01 DE6148035 Qualified in Tompkins County My Commission Expires June 19,20 1A TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: ❑ ADVERTISEMENT/NOTICE 60 OTIC.E OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDFsR LL for Barns on non-farm lots in Conservation and Low Density Zones Location of Sign Board Used for Posting: " tat Of f"'Ve c 'Town Clerk's Office 8 S XNI�Or ITHACA 215 North Tioga Street ctbw utpe a Town Board WI0 Wt Ithaca, NY 14850 Tows a pU215bllc hearing to � t, hold n Mati, 2M15:N.Tiringg st,. itha(a, NY on the '13tNs clay of Mamb9 2017 at 5;30 (,'m for,the purpose or acuxwJSt^ Town website at www.town.ithaca.ny.us "'Or'v� o Proposed local law T40tPbP9aq Of ITHA.'CA r eCrI.%°,r. 1TO ALLOW 0HAWP'' zyo TITLE Date of Posting: 3/1/2017 FACCIPABUILDINGS'IN ' HCOW $0 1614 AND LOW LMBE OEM- Date Of I l atlon: /Y / Ask sJu5Iq ;yrne and gs6mca all , plersp.�is interested i0 ilia hssr'{ioos'ed local law may lid, �.�.4 wwy,Ao Iawhbsa,ny.uslc or / wxnaiown H .ittaeca.ny.r.+s Asr. atTown Mall. ' Paulette Rosa Pi,dette Roo Td lart Town Clerk 33rxab? � STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this c?/f -- day of' � 2017. ,✓ j r' J No�ry Public— ) Debra DeAugistine Notary Public-Slate of New York plo.01 DEG I-MO35 puallfiell'in'roinpkin:a Lnlairy r-;y My commission Expires June 19,20 f MEETING OF THE ITHACA TOWN BOARD April 11,2017 TB Resolution 2017 - Adopt Local Law of 2017 entitled "Authorizing a Monetary Gift to the Citv of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Whereas, the Town Board discussed the need for monetary support for the Cass Park and Stewart Park Recreational Facilities during its budget process, and Whereas,the Town Board adopted a budget for 2017 including an amount of$50,000.00 for a contribution towards City Parks, of which approximately$ 38,000 would result in a special benefit to Town residents,but the remainder would be considered a gift., and Whereas,pursuant to the Town's New York State Municipal Home Rule powers, a local law may be adopted to authorize the Town to make a gift to another municipality where the gift furthers a public purpose of the Town, Whereas, at its meeting on February 13, 2017, the Town Board of the Town of Ithaca reviewed and discussed the proposed local law and adopted aresolution for apublic hearing to be held by said Town Board on March 13, 2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities", and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus approval of the local law is not subject to review under SEQRA, now therefore be it Resolved, that the Town Board hereby adopts Local Law of 2017 entitled "AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES," and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: Ayes— TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Authorization. This local law is adopted pursuant to New York Municipal Home Rule Law §10(1)(1), which grants local ernments the power to adopt local laws not inconsistent with the New York State Co ion or any general law, relating to their property, affairs or government. Th York State Constitution, Article VIII, §1 does not prohibit municipalities f gifts to or in aid of public entities for public purposes. ������������������������ Section 2. Purpose. The pu f this local law is thorize the Town of Ithaca to make a gift to the City of Ithaca to ort the 'ty's Cass pool and skating rink, and the City's recreational facilities at St P he Town o ca intends to give the City of Ithaca Fifty Tho Dollars ($ 0) in 2017 to su brt these facilities, which are used by Tow resident serve a Town of Ithaca public purpose. In exchange, the City of I a fer To 'Ithaca residents a discount on recreation programs that is anticipate save of It esidents approximately Thirty-Eight Thousa ($38,00 This oriz e Town of Ithaca to make a gift to the f Ith the ex ow ments to the City exceed the monetary benefit o iscoun eceived own residents. S G����� ca n execution of a Memorandum of Under g e the of Ith City of Ithaca, the Town of Ithaca is autho to make a the of Ithac , ursuant to the Memorandum of Underst s terms, i amo nd for the purposes described in Section 2 above. Secti "' Partia validi . In the event that any portion of this law is declared invalid ourt o petent jurisdiction, the validity of the remaining portions shall not be ct such declaration of invalidity. Section 5. E ctive Date. This local law shall take effect immediately upon its tiling with the New York Secretary of State. MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2017 TB Resolution 2017 - : SEAR: Proposed Local Law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Historic Barns as Principal Buildings on Non- Farm Lots in the Conservation and Low Densitv Residential Zones Whereas, this action is the enactment of a local law amending the Town of Ithaca Code, Chapter 270 titled "Zoning,"to allow historic barns as principal buildings on non-farm lots in the Conservation and Low Density Residential Zones; and Whereas, this is a Type I Action for which the Town Board of the Town of Ithaca is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on March 13, 2017, has reviewed and accepted as adequate the Full Environmental Assessment Form (FEAT), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAT Part 1 and for the reasons set forth in the EAT Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor, and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Amending Town Code,Ch. 270 titled"Zoning",to allow historic barns as principal buildings on non-farm lots in Conservation and Low Density Res. Zones Project Location(describe,and attach a general location map): Conservation and Low Density Residential Zoned land in the Town of Ithaca Brief Description of Proposed Action(include purpose or need): The proposed action would amend the Town Code, Chapter 270, titled 'Zoning", to allow barn buildings that are at least 50 years old to be principal buildings on a lot that is not used as a farm in the Conservation and Low Density Residential Zones. Town Code section 270-226 prohibits more than one principal building on a lot, and the proposed amendment would allow a building permit to be issued for construction of another principal building on the lot provided that the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance. Name of Applicant/Sponsor: Telephone:607-273-1747 Town of Ithaca E-Mail: Address: 215 North Tioga Street City/PO: Ithaca State: NY Zip Code:14850 Project Contact(if not same as sponsor, give name and title/role): Telephone:607-273-1747 ext.120 Susan Ritter, Director of Planning E-Mail: sritter@town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 Property Owner (if not same as sponsor): Telephone: N/A E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council,Town Board, ®Yes❑No Ithaca Town Board March 13,2017 scheduled public hearing or Village Board of Trustees b. City,Town or Village ❑Yes®No Planning Board or Commission c. City Council,Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes®No e. County agencies ❑Yes❑No County Planning GML 239-I, -m, -n review rpmurpmpnt not An off r.Al Annrn\/Al f Regional agencies ❑Yes❑No g. State agencies ❑Yes❑No h.Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes®No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning Cl.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county) comprehensive land use plan(s) include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b. Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA), designated State or Federal heritage area,watershed management plan, or other?) If Yes,identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Town of Ithaca Park, Recreation and Open Space Plan (1997) Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Conservation and Low Density Residential Zones b. Is the use permitted or allowed by a special or conditional use permit? N/A; action involves amending zoning ❑yes❑No c. Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, i. What is the proposed new zoning for the site? The action will not result in new zoning;it will change permitted buildings in an existing zone. CA.Existing community services. a. In what school district is the project site located? Ithaca City School District b.What police or other public protection forces serve the project site? Tompkins County Sheriff Department c.Which fire protection and emergency medical services serve the project site? Ithaca City Fire Department d.What parks serve the project site? There are numerous Town parks preserves and trails serving the community in the Conservation and Low Density Residential Zones. In addition there are two State Parks, Buttermilk Falls S.P. and Robert H.Treman S.P.,located within the Conservation Zone. D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational, if mixed,include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed9 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ❑Yes❑No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d. Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No If Yes, i. Purpose or type of subdivision? (e.g.,residential,industrial,commercial, if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No in. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes❑No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. Name: in. Brief description of attributes on which listing is based: f Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): in. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 6669 If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 6669 ❑Yes❑No R.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Ithaca, William D. Goodman Date Signature Title Town Supervisor PRINT FORM Page 13 of 13 Full Environmental Assessment Form Part 2-Identification qf Potential Project Impacts Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAT Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes" to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a-i. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ a The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g. The proposed action is,or may be,located within a Coastal Erosion hazard area. B li ❑ ❑ h. Other impacts: The proposal applies to existing barn structures only and will not result in any ❑ ❑ new development/construction. Page 1 of 10 RESET FORM 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes", answer questions a- c. I "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. Identify the specific land form(s)attached: E2g ❑ ❑ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies (e.g., streams,rivers,ponds or lakes). (See Part 1. D.2, E.2.h) I "Yes", answer questions a- 1. I `No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b,Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 RESET FORM 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or W]NO [:]YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c, D.2.d, D.2.p,D.2.q,D.2.t) If"Yes", answer questions a- h. If No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c. The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ sewer services. d. The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. W]NO ❑YES (See Part 1. E.2) I "Yes", answer questions a-g, I "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d. The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2',E2k f If there is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 RESET FORM g. Other impacts: El El 6. Impacts on Air The proposed action may include a state regulated air emission source. W]NO YES (See Part 1.D.2.£,D,2,h,D.2.g) If"Yes", answer questions a-f If`No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO,) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF,) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50%of any of the thresholds in"a" through"c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) ®NO EJYES I "Yes", answer questions a-j. I "No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by Ego ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c. The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 RESET FORM e. The proposed action may diminish the capacity of a registered National Natural ER ❑ ❑ Landmark to support the biological community it was established to protect. f The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g. The proposed action may substantially interfere with nesting/breeding,foraging,or E2m El Elover-wintering habitat for the predominant species that occupy or use the project site. h. The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j. Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]NO YES I "Yes", answer questions a- h. I No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2q D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 RESET FORM 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.l.a, E.l.b, E.31.) If"Yes", answer questions a-g. If No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b. The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g.,screened by summer foliage,butvisible during other seasons) ❑ ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities Etc ❑ ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dlg 0-1/2 mile h-3 mile 3-5 mile 5+ mile g. Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO ❑YES resource. (Part 1. E.3.e,f. and g.) If"Yes", answer questions a- e. If`No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may occur wholly or partially within,or substantially contiguous De ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b. The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c. The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 RESET FORM d. Other impacts:The proposal would potentially protect historic barn structures by allowin j them ❑ ❑ to remain on a subdivided lof as a principal structure rather than being forced, y curre it provisions, o be removed or demonshed. e. If any of the above(a-d)are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or De,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which De,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a FVINO FIYES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes", answer questions a- e. I "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2 b. The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c. The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q d. The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑YES environmental area (CEA). (See Part 1. E.3.d) 1 "Yes", answer questions a- c. 1 "No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 RESET FORM 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ZNO DYES (See Part 1.D.2.j) If"Yes", answer questions a-g. If No", go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. NO YES (See Part 1.D.21) If"Yes", answer questions a- e. If`No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new,or an upgrade to an existin ,substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. ©NO YES (See Part 1. D.2.m., n., and o.) I "Yes", answer questions a-f. I "No", go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 RESET FORM d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO [:]YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes", answer questions a- m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center, group home,nursimt home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c. There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m. Other impacts: Page 9 of 10 RESET FORM 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO DYES (See Part 1. C.1, C.2. and C.3.) If"Yes", answer questions a- h. If No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b. The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. a The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d. The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e. The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h. Other: The proposal is consistent with the Comprehensive Plan's goals with preserving ❑ ❑ historic resources. 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. F,-/]NO nYES (See Part 1. C.2, C.3, D.2, E.3) I "Yes", answer questions a-g, I No", proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities,structures,or areas De,E3f,E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) a The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. Dlg,Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2R,E2h g. Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 RESET FULL FORM Agency Use Only [IfApplicable] Project: Date Full Environmental Assessment Fornx Part 3-Evaluation of the Magnitude and Importance of Project Inipacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. The proposal involves amending the zoning chapter of Town Code to allow barn buildings that are at least 50 years old to become principal buildings on lots that are not used as farms in the Conservation and Low Density Residential (LDR)Zones. Such barn buildings could then be used for any of the permitted principal uses that are specified for the Conservation and LDR Zones. It would also allow a building permit to be issued for construction of another principal building on the lot, provided that the barn building becomes an accessory building (and subject to accessory use requirements) to the new principal structure upon issuance of a certificate of compliance. Current Town Code considers barns, not used for farm purposes, as an accessory building. An accessory building is required to be subordinate and incidental to a principal building on the same lot. On occasion, this creates a problem for a property owner who submits an application to divide their land (subdivide)such that an existing barn would be located on a parcel separate from the principal house parcel. Usually it is the property owner's intention to construct a new house (a principal structure)on the parcel containing the barn, but given Town requirements, no building permit can be issued because the barn (an accessory building) by itself on the parcel is in non-compliance with Town Code. The only remedy is for the barn to be moved or demolished. Obtaining a use variance for the barn to remain as (for example)a principal storage building pending construction of the house is generally not an option because the subdivision request itself causes the situation to be a self-created hardship. The proposed local law would allow barn buildings to be considered as principal structures in the Conservation and LDR Zones. The proposal applies only to barns that are 50 years of age and older.These barns are often remnants of an earlier era when farming was a predominant activity throughout the Town. Amending the Town Code to allow these potentially historic buildings (50 years is the general minimum age for resources to be considered for listing on the National Register of Historic Places) to legally exist on their own parcel would enhance protection for these visual reminders of Ithaca's past and work towards meeting the Comprehensive Plan's goals of preserving, enhancing, and promoting the Town's historic resources. Wbile the law may result in a few additional buildings (such as an historic barn on the same lot as a new house), the additional buildings are the existing potentially historic barns that will not have to be demolished or moved. Consequently,any negative effects on the environment are negligible. Determination of Significance- Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAT completed for this Project: ©Part 1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAE,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Amending Town Code to allow historic barns as principal buildings on non-farm lots in Conservation and LDR Zones. Name of Lead Agency: Town of Ithaca Name of Responsible Officer in Lead Agency: William D. Goodman Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Susan Ritter Address: 215 N.Tioga Street, Ithaca, NY 14850 Telephone Number: E-mail: For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: Mtn: www.dec.nv.eov/enb/enb.html PRINT FULL FORM Page 2 of MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2017 TB Resolution 2017 - Adoption of Local Law No. of 2017 Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Historic Barns as Principal Buildings on Non-Farm Lots in the Conservation and Low Density Residential Zones Whereas, historic barn buildings (greater than 50 years old) on non-farm lots in the Conservation and Low Density Residential Zones are permitted only as accessory buildings, and must be subordinate to the principal building (i.e. house) on the same lot, and Whereas, on occasion,property owners in the Town have sought to subdivide their property in a manner that would necessitate creating a separate house (principal building) lot and a separate barn (accessory building)lot, often with the intent of eventually constructing a new house (principal building) on the barn building lot, but are prohibited from doing so due to Town regulations, with the only recourse being to move or demolish the structure in order to comply with Town Code, and Whereas, the Town Comprehensive Plan encourages the Town to take necessary actions to preserve, enhance and promote the Town's historic resources, and Whereas, at its meeting on February 27, 2017, the Town Board of the Town of Ithaca discussed the concept for the proposed local law and a public hearing was scheduled for March 13, 2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Historic Barns as Principal Buildings on Non-Farm Lots in the Conservation and Low Density Residential Zones", and Whereas,notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas,pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on March 13, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3, and Whereas, the Town Board finds that the amendments proposed for the Conservation Zone and the Low Density Residential Zone further the health and welfare of the community and are in accordance with the Comprehensive Plan; 1 Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. of 2017 entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Historic Barns as Principal Buildings on Non-Farm Lots in the Conservation and Low Density Residential Zones", and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: 2 Public Hearing Date: March 13, 2017 NEEW Meeting Date: March 13, 2017 Il�iofohr�sllgll�rcrrhQm,rtl7�rrll1mlg',At��'�Rrc�rml Meeting Packet March $ 207 � rr�ml mlll ml Distribution Date: Project Name': Zoning Code Change Referring Agency: Town of Ithaca- Town Board Municipality: Town of Ithaca Staff Name: Address/Tax Parcel#(s): Town Code Staff Contact Email: ptenvilliger@town.ithaca.ny.us Landowner's Name: N/A Staff Contact Phone: 273-1721 Applicant/Agent Name: Town Board Type of Action' Please check which State Low requirement(s) apply to referred action;it is within 500 feet of: ❑ A municipal boundary; ❑ The boundary of any existing or proposed county or state park or any other recreation area; ❑ The right-of-way of any existing or proposed county or state road; ❑ The existing or proposed right-of-way of any stream or drainage channel owned by the county; ❑ The existing or proposed boundary of any county/state owned land with public building; or ❑ The boundary of a farm operation located within an agricultural district. Please check appropriate box of action being referred Comprehensive Plan Zoning Ordinance or Local Law Special Use Permit Site Plan Use Variance Area Variance/Sign Variance Subdivision Other authorizations or local law Additional Information: - Is site currently served by public water?: Select One Public sewer?: Select One - #of Proposed Housing Units?: 0 #of Proposed Parking Spaces?: - Amount of Proposed Building Square Footage?:0 - Is any of the proposal located within the 100-year floodplain?: Select One - Is any of the proposal located within 100'of an intermittent or perennial stream or wetland?: Select One - Is any of the proposal within a Unique Natural Area (UNA)3?: Select One Additional Notes on Proposed Project: In processing subdivisions, it has been a problem when an older barn is left as a primary structure. We are changing the Code Chapter to allow an older barn to be left as a primary structure in the Conservation and Low Density Residential zones so they do not have to be torn down or otherwise hold up the process. 'Please first upload application materials to the Tompkins County Development Review FTP site-http./Lgisweb.tompkins-co.ore/htcomnet/ utilizing the username'developmentftp'and password 'ftpdevelopment',then submit this form to gml239@tompkins-co.org. Please contact Tompkins County Planning at 274-5560 with any questions. 2 Please submit all materials that your municipality requires for a complete application, including a completed environmental assessment form and any supplemental information that the municipal board will consider in its review,to the Tompkins County Planning Department no later than 30 days prior to the board meeting date. For larger or more complex projects preliminary information,such as sketch plans, may be submitted as early in the review process as possible to allow for preliminary comments on likely County recommendations. Providing this information earlier in the project development process may allow us to provide preliminary comments to municipalities as they complete submission materials. 3 The Tompkins County Natural Resource Inventory-http://Reo.tompkins-co.orgZ5L/Viewer.html?Viewer=NaturalResources-can assist with identifying UNAs and other natural features on the property. TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 TITLED "ZONING," TO ALLOW HISTORIC BARNS AS PRINCIPAL BUILDINGS ON NON-FARM LOTS IN THE CONSERVATION AND LOW DENSITY RESIDENTIAL ZONES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article V (Conservation Zones), of the Town of Ithaca Code, Section 270-11, titled "Permitted principal uses,"is amended by adding a new subsection H reading as follows: "H. In addition to the uses of barns as principal buildings on farm lots pursuant to subsection C, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm. Any such building may be used for any of the permitted principal uses in the Conservation Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in § 270-226 against more than one principal building on a lot, a building permit may be issued for construction of another principal building on the lot, provided the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter." Section 2. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones), of the Town of Ithaca Code, Section 270-54, titled "Permitted principal uses,"is amended by adding a new subsection J reading as follows: "J. In addition to the uses of barns as principal buildings on farm lots or for farm purposes pursuant to subsections C or H, respectively, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm, or that is not used for farm purposes pursuant to subsection H. Any such barn building may be used for any of the permitted principal uses in the Low Density Residential Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in § 270-226 against more than one principal building on a lot, a building permit may be issued for construction of another principal building on the lot, provided the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter. A barn building that becomes an accessory building pursuant to this provision may exceed or contribute to the exceedance of the cumulative 1 square footage limit for accessory buildings in § 270-56.C, provided that no expansion of the barn building or other accessory buildings is allowed once the cumulative square footage limit is met." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State. 2 MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2017 TB Resolution 2017 - : Waver from the requirements of Local Law 5 of 2016 providing for a Moratorium on new two-family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling,for a period of two hundred seventy days Whereas the Town Board enacted 1-1-5 of 2016 enacting a moratorium on new 2-family dwellings which provided a waiver process for applicants to request relief from the restrictions with Town Board approval, and Whereas the applicants have submitted sufficient information to support their request for a waiver from the requirements of said law which was reviewed and discussed at the Town Board meeting on March 13, 2017, now therefore be it Resolved that the Town Board of the Town of Ithaca Grants/Denies the application for a waiver from the restrictions imposed by Local Law 5 of 2016 which were extending by the adoption of Local Law 2 of 2017, with the following conditions (if any) Moved: Seconded: Vote: (``;E IA' . 4 . °"err 406 Coddington Road Ithaca, NY 14850 February 22, 2017 Mr. Bill Goodman, Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 RE: PETITION TO T H TOWN BOARD OFT HE TOWN OF ITHACA FOR A WAIVER UNDER THE LOCAL LAW 5 OF 2016 TO AL,L,OW AN ACCESSORY APARTMENT AT 403 CODDINGTON ROAD Dear Mr, Goodman; REQUEST Owners of 403 Coddington Road, Bill and Susan Lesser, are seeking a waiver from the temporary moratorium on the construction of accessory apartments so that an accessory apartment may be created from two existing structures on the site. BASIS OF THE REQUEST The waver is requested under Section 4 of Local Law 5 of 2016, and particularly A (2) which in part allows for "opportunities the project provides to protect historic resources". The petitioners also identify A (1) which references "unnecessary hardship to the petitioner". BACKGROUND We purchased 403 Coddington Road, which lies directly across the road from our long-tern residence at 406 Coddington Rd. in 2014. In large part this purchase was to prevent the construction of student rental housing on the property, an intent expressed by one of the bidders. The 403 property is nearly an acre in size (.911 acre) and currently contains a small dwelling unit, a single story of approximately 650 square feet including a single car garage. (225 sq. ft.). Subsequently we have been considering how to enhance the property so as better to recover our investment while retaining the neighborhood character. In the fall 2016 a notice appeared offering the structure at 341 Coddington Road free for anyone who would relocate it. We appreciate that the Town Board was instrumental in arranging with this option rather than demolition. The structure is in the Greek Revival style,about 1840-45, which matches our house at 406 Coddington Road. Indeed it is one of three original farm houses on the stretch of Coddington, The idea of moving it to our under-utilized property at 403 occurred to us immediately. Our commitment was strengthened when we learned that house moves in today's environment rarely exceed several blocks due to the complexity and costs. If we did not move it, demolition of this historic farmhouse was virtually assured. It took three months to make the necessary arrangements. Required were a house mover, legal advice, architectural and structural engineering services, arrangements with three utilities (NYSEG,Time-Warner and Verizon)to relocate their wires during the move, along with securing permits from the Town and the County Highway Department. A porch was removed to allow the building to pass between the telephone poles lining both sides of the road. Due to Mr. Iocavelli's interest in clearing his lot quickly,we focused entirely on the move arrangements, and succeeded in the moving of the structure to 403 in November 2016 where it remains on cribs until the foundation is completed. We are in the process of planning the alterations and so are initiating this request to the Town Board for authorization to connect the relocated building to the existing structure to create two dwelling units. JUSTIFICATION We are excited about preserving this historic structure and attaching it to the small existing dwelling unit on the site. However, the costs involved in the move(approximately $ 70„000), and the anticipated costs for alterations and foundation(house is currently gutted with roof in poor condition and needs everything)are in the$ 125,000-$1,75,000 range. Those costs, and considering the original purchase price of 403 Coddington, has made the option of a creating an accessory apartment extremely attractive. It is agreed by real estate and design professionals that an accessory apartment is the best option for the property making the property most desirable while maintaining the character of Coddington Rd. The proposed structure would meet the square footage criteria and code related criteria were the moratorium not in place. Therefore we request waiver relief from the current,moratorium recognizing the historic structure. A waiver will permit us to move in a straight line toward a building permit as soon as possible, and necessarily no longer than 6 months from our November 2016 move date. We believe our circumstances fit solidly within Section 4 of Local Law 5 of 2016, and particularly A(2)which in part allows for"opportunities the project provides to protect historic resources under just these circumstances, PLANS Current plans are to renovate the historic house of 2,,200 sq. ft. (2 story) to create three bedrooms, 2 baths connected to the existing one car garage. The existing dwelling unit 650 sq. ft. one story)with one bedroom and bath,will be updated and be suitable for a one or two occupants. A preliminary plan is attached for your information. The plans exceed all minimum.set back requirements. Indeed the front yard will be 75+ feet deep and the rear, as at present, 150 feet. Lot coverage will be only seven percent„well below the allowed 20 percent maximum in the Medium Density zone. As such the plans conform easily with the existing neighborhood character. With the granting,of our requested variance we will be able to put all the pieces of the project together pragmatically yet authentically. Thank you for your consideration. We look forward to the opportunity to restore the `yellow house' to its rightful place in the community. Sinc ly yours (7 -�-- 1 Bill &Susan Lesser„ Owners and.Petitioners CC: Paulette Rosa, Ithaca Town Clerk Claudia Brenner,Architect �i�iii�l L m ;' U i II����� �� uuuuuuuuu uuuuu;° °°�I�m °°" "°°°°""°Y�'� �,__ a vvv 4u u o Y. #; r i F� f �� /yAI 1/l � uummilllVuuuuuuuuuuuuuuuuuuuuuuuuuuuuuVllVuuuuuuum�VV VV � � ...IJ I�1Iy� ?; ��E�.J ��� . ..._ ..._.. r �.�.. i ������� ll � ������ ��� i uuuuuuuuuu'uu'u'u''uuuuuuuuuuuuuuuuuuuuiuuuuuuujy'�iu r� r rr. uuumumYuuuuuui'i� VIII IIIIIIIIIIII ��u �u�u�u�u�u�u u�u�u�u�u�u� / ��� ���� 411111111111111 � i� 1....... .1�11T1�1Tri1 �������� ����uuuu �'' ,�� 111 _j...j j �l I � 1 �, �.n.rr�irrr . ' ,. MORIMMI mssal 11!8 Pun uesnsr,1©RuadwdXN.eOe�cialT.�fa arhetirrtttt, g P)om a L441 o U GVMas lr ue aaanv�a 0L.u0g AHLUBA OPUIS 01 u0I1¢PP b =- -------- rq -—— a �I 11 v � q __ : F BI II IY 0 µ TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 TITLED "ZONING," TO ALLOW HISTORIC BARNS AS PRINCIPAL BUILDINGS ON NON-FARM LOTS IN THE CONSERVATION AND LOW DENSITY RESIDENTIAL ZONES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article V (Conservation Zones), of the Town of Ithaca Code, Section 270-11, titled "Permitted principal uses,"is amended by adding a new subsection H reading as follows: "H. In addition to the uses of barns as principal buildings on farm lots pursuant to subsection C, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm. Any such building may be used for any of the permitted principal uses in the Conservation Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in § 270-226 against more than one principal building on a lot, a building permit may be issued for construction of another principal building on the lot, provided the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter." Section 2. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones), of the Town of Ithaca Code, Section 270-54, titled "Permitted principal uses,"is amended by adding a new subsection J reading as follows: "J. In addition to the uses of barns as principal buildings on farm lots or for farm purposes pursuant to subsections C or H, respectively, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm, or that is not used for farm purposes pursuant to subsection H. Any such barn building may be used for any of the permitted principal uses in the Low Density Residential Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in § 270-226 against more than one principal building on a lot, a building permit may be issued for construction of another principal building on the lot, provided the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter. A barn building that becomes an accessory building pursuant to this provision may exceed or contribute to the exceedance of the cumulative 1 square footage limit for accessory buildings in § 270-56.C, provided that no expansion of the barn building or other accessory buildings is allowed once the cumulative square footage limit is met." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State. 2 MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2017 TB Resolution 2017 - : Setting a public hearing regarding a proposed local laws: "Amending Chapter 184 of the Town of Ithaca Code, titled "Noise," regarding Noise Permit Applications Be It Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 10th day of April, 2017 at 5:30 p.m. for the purpose of considering a proposed local law "Amending Chapter 184 of the Town of Ithaca Code, titled "Noise,"regarding Noise Permit Applications, and be it further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Seconded: Vote: Ayes— TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING CHAPTER 184 OF THE TOWN OF ITHACA CODE, TITLED "NOISE," REGARDING NOISE PERMIT APPLICATIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 184 of the Town of Ithaca Code (Noise), Article III (Permits), Section 184-12, titled "Permit procedure; fee", subsections A and B are amended by changing the permit application tiling requirement from "45 days"to "21 days." Section 2. Chapter 184 of the Town of Ithaca Code (Noise), Article III (Permits), Section 184-12, titled "Permit procedure; fee", is amended by deleting subsection D and replacing it with a new subsection D reading as follows: "D. Applications may be submitted simultaneously by a single entity, representative or agent thereof for events occurring at a single address within a consecutive six-month period. Events of a similar scope and size may be listed on one application. All applications shall be reviewed, and determinations shall be rendered, on each application. The Town Board may make different decisions and impose different conditions on individual events contained within an application for multiple events." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect upon its tiling with the New York Secretary of State. Memo Following the last noise permit application and public hearing from Ithaca Beer, the Noise Law and Application were reviewed and discussed at the P&O Committee with continents from Susan Brock. The following changes are suggested to minimize issues that have come up over the ,past few years with applications. The decrease in lead time was suggested because I have found many people do not apply for a permit 'because they know they won't mala the timeframe which keeps me from learning about events and stopping those I can. (500 students on Troy Rd one time) The other changes are suggested atter the resident opposed the Ithaca Beer application and stated that the application was not complete which was not the applicants fault, but mine. Changes to Noise Law and Application (highlighted) Law Article III — Permits 184-12; Permit procedures; fee A� An application for such a permit shall be filed with the Town Clerk no less than 21 days before the anticipated need and shall provide the following information cable: B. ....filing requirement of 21 days.... D. Applications may be submitted simultaneously by a single entity, representative or agent thereof for event's occurring at a single address within a consecutive six-month period. Events of a similar scope and size may be submitted on one application. All applications shall be reviewed, and determinations shall be rendered on each (delete: on an individual basis). Add - The Town Board may make different decisions and impose different conditions on individual events contained within an application for multiple events. Application I have listed the criteria and information needed to more closely match the actual law. (attached) TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www,town.ithaca.ny,us Paulette Rosa,Town Clerk Phone: (607)273-1721 Debra DeAugistine, Deputy Town Clerk prosaatown.ithaca.ny.us Fax: (607)273-5854 ddeauqist1ne@townJthaca,ny.us NOISE PERMIT APPLICATION This form must be subry0ed to the Town Clerk's Office,with $50 payment, 21 days In advance of the event NAME/ORGANIZATION: PERSON(S) RESPONSIBLE FOR EVENT: ADDRESS: PHONE NUMBER: ALTERNATE PHONE EMAIL: LOCATION OF EVENT: DATE/TIME/DURATION OF EVENT: ESTIMATED ATTENDANCE: REASON/DESCRIPTION OF EVENT: PLANS & SPECIFICATIONS OF THE USE/DESCRIPTION OF NOISE EXPECTED (for example—amplified music or speakers, cheering, non-amplified instruments) NOISE ABATEMENT & CONTROL METHODS TO BE USED (Example: speakers will be faced a certain way): DEMONSTRATION WHY APPLICANT CANNOT CONFORM TO NOISE ORDINANCE (Example: Band uses amplification and cannot be heard sufficiently without it) SUCH OTHER INFORMATION REQUESTED BY TOWN OFFICIALS: Draft revisions 2017 OTHER COMMENTS THAT SHOULD BE CONSIDERED DURING REVIEW OF APPLICATION: IF USE OF A TENT IS ANTICIPATED, PLEASE LIST NUMBER AND SIZE(S): (a separate permit may be required) Notification of the Public Hearing The Town will notify neighbors within a 500 foot radius of the event that a public hearing will be held. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. (Town Code, Chapter 184, Section 12, D) The undersigned applicant affirms that the foregoing information is true, complete and correct: Signature of Applicant: Date of public hearing: Sheriff Notified: Permit issued on: Special conditions: Draft revisions 2017 § 184-1 NOISE § 184-4 ARTICLE I General Provisions § 184-1. Title. This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance"'whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this chapter." § 184-2. Applicability. This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights. § 184-3. Purpose. The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and good order by suppressing the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time,place,and use or which are detrimental to the environment. § 1844. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: ADULT PERSON—A person who is at least 16 years old,. DAYTIME HOURS —The hours beginning at 7:00 a.m. local time on any day and ending at 9:00 p.m. locai time. EMERGENCY WORK — Work made necessary to restore property to a safe condition following a public calamity, or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE 'SOUND —A sound of short duration, usually less than one second, and of high intensity,with an abrupt onset and rapid decay. MOTOR VEHICLES — Includes, but is not limited to, automobiles, trucks, buses, mopeds, minibikes,and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOUR'S—The hours beginning at 9:01 p.m. local time on any day and ending,at 6:59 a.m, local time on the following day. PERSON — Includes the singular and plural and also any individual, any property owner and/or lessee, any farm, corporation, political subdivision, government agency, association or organization, including but not limited to officers, directors, employees„ agents and/or independent contractors thereof, or any legal entity whatsoever. RESIDENTIAL ZONE — A Conservation, Agricultural, Lakefront Residential, Low-Density Residential, Medium-Density Residential, High-Density Residential, Mobile Home Park, Multiple Residence, Neighborhood Commercial, or Community Commercial Zone, as defined in the Town of Ithaca zoning Ordinance.' "Residential Zone"'also includes any special land use 1. Editor's Nate:See Ch.270,Zoning. 1843 § 1844 ITHACA CODE § 184-5 district or planned development zone defined by such ordinance wherein one of the principal land users is residential. Should such ordinance be amended or replaced and by so doing adds additional zones or differently denominated zones, "residence zones" shall mean those zones determined under such ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural. SOUND-AMPLIFYING EQUIPMENT— Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter, sound-amplifying equipment shall not include warning, devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, or authorized fire hams or other authorized emergency alarms. TOWN—All of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights. UNREASONABLE NOISE — Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose,health,peace or safety of a reasonable person of normal sensitivities,or which causes injury to animal life or damages to property or business. § 184-5. Unreasonable noise prohibited,. A. No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in this section, factors to be considered in determining whether unreasonable noise exists in a given situation include,but are not limited to,any or all of the following. (1) The intensity of the noise. (2) The duration of the noise. (3) The intensity of the background noise, if any. (4) The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound. (5) 'The time of the day or night the noise occurs. (6) The proximity of the noise to sleeping facilities. (7) Whether the noise is continuous or impulsive. (8) The existence of complaints concerning the noise from one or more persons who are affected by the noise. (9) Whether the nature of the noise is usual or unusual. (10) Whether the noise is due to a natural or a human-made activity. 1'84:4 § 184-6 NOISE § I84-8 ARTICLE II Unlawful Noise Sources § 184-6. Purpose of Article 11. The provisions of Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. § 184-7. Radios,television sets and other sound-producing or-amplifying devices. A, It shall be unlawful for any person within any Residential Zone, or within 500 feet of a Residential Zone, to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. B. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property„ a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter,a"person"" shall include the person or persons who are listed on the permit. § 184-8. Construction and other machinery. A. 'During the nighttime hours as defined in Article I, § 1844 herein, it shall be unlawful for any person within a Residential Zone, or within 500 feet of a Residential Zone, to operate or cause to be operated any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric drill, front-loaded garbage collection vehicles performing commercial pickups, or other commercial industrial equipment, except to perform emergency work. B, If any domestic power or hand tool, including, but not limited to, mechanically powered saws, sanders, grinders, and lawn and garden tools, or air conditioner, is operated during nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or,outside of building,at 2.5 feet or more from the source of the sound. Side-and rear-loaded garbage collection vehicles, and garbage collection vehicles that do not have compactors, may be operated for residential pickup beginning at 6.00 a.m. local time as long as they do not create noise within a residential building or across a residential real property boundary where such noise interferes with the comfort,repose,health or safety of 1845 § 1.64-6 ITHACA COBE § 184-10 members of the public within any building or,outside of a building,at 25 feet or more from the source of the sound. C. The provisions of this section shall not apply to lawful farm operations on lands the principal use of which is as a farm and which are located within a county agricultural. district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. § 164-9. Parties and other social or fund-raising events or gatherings. A. It shall be unlawful for any person in charge of a party or other social or fund-raising event or gathering that occurs on any private or public property to allow that event to produce noise in a loud, annoying, or offensive manner, or recklessly create the risk thereof, such. that noise from the event interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of 2.5 feet or more from the source of such sound. It shall also be unlawful for any participant in that event to contribute to such noise. B. For the purposes of this section, a "person in charge of a party or other social or fund- raising event or gathering": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is lusted on a permit granted pursuant to Article lB of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises,the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 1.64-III. Animals. Any person who owns,harbors,or is the custodian of a dog in the "Town of Ithaca is subject to the noise and other requirements in Chapter 112 of the Town of Ithaca Code, titled "Animals," and upon violation thereof shall be subject to the penalties set forth in that chapter. 164:6 § 184-11 NOISE § 184-12 ARTICLE III Permits § 184-11. Authorization for permit. Where the enforcement of this chapter would create an unnecessary hardship,the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this chapter. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that on balance the need for and benefits of the waiver outweigh the needs and sights of the surrounding neighbors to a peaceable and quiet environment. § 184-12. Permit procedure; fee. A. An application for such a permit shall be filed with the Town Clerk no less than 45 days before the anticipated need and,shall provide the following information: (1) The name of the applicant. (2) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. (3) The reasons for such usage. (4) Plans and specifications of the use. (5) Noise abatement and control methods to be used. (b) Time schedule. (7) Demonstration why the applicant cannot conform to this chapter. (8) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request.2 B. The Town Board may in its sole discretion waive the application filing requirement of 45 days upon good cause shown or for other unique, special or extenuating circumstances. [Added 10-20-2008 by L.L.No. 15-2008'1 C. At the time of the filing of the permit application or applications, the applicant shall pay the Town a nonrefundable fee as set from time to time by Town Board resolution. (Added 10-20-2008 by L.L. No. 15-2008; amended 2-9-2009 by L.L.No.5-2004; 12-7-2009 by L.L.No.21-2009'1 D. Applications may be submitted simultaneously by a single entity, representative or agent thereof for events occurring at a single address within a consecutive six-month period. 2. Editor's Note:Former subsection A(9)regarding proof of notification of the application for the permit,which. Immediately followed,was repealed 11-18.201.3 by L.L.No.9-2013. 3. Editor's Note:This local law also redesignated former t absection.flas Subsection D. 4. Editor's Note:This local low also provided,for an effective date of 1-1-2010. 184:7 § 184-12 ITHACA CODE § 184-12 All applications shall be reviewed, and,determinations shall be rendered,on an individual basis. [Added 12-7-2009 by L.L. No. 21-200951 E. A public hearing before the 'Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of pemrits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. Any permit issued shall state that the permit only applies to this chapter, and. that §240.24„ Subdivision 2, of the Penal Law of the State of New York,Disorderly Conduct,provides that "A person is guilty of disorderly conduct when,with intent to cause public inconvenience,annoyance or alarm, or recklessly creating a risk,thereof ... he makes unreasonable noise."If a permit is issued, a copy of the permit stipulating any and all conditions imposed by the Town Board shall be furnished to the Tompkins County Sheriffs Department by the Town Clerk,simultaneously upon the issuance of the permit to the applicant. F. The Town Board may, in its sole discretion, waive the holding of a public hearing upon good cause shown or for other unique, special or extenuating circumstances. [Added. 11-18-2013 by L.L.No.9-20131 5. Editor's Note:This local low also redesignated fomoer Subsection D As Subsection E,said local law also provided for an effective date of 1-1-2014.. 134:8 § 184-13 NOISE § 184-15 ARTICLE IV Violation and Penalty § 184-13. Enforcement of violations. Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident of the 'Town to a Town Code Enforcement Officer or county or other law enforcement officer. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with any violation of this chapter, § 184-14. Penalties for violations.. A. A violation of this chapter is hereby declared to be an offense, with conviction of a first offense punishable by a fine of up to $500 or imprisonment not to exceed 15 days,or both. For conviction of a second or subsequent offense which was committed within a period of five years from the commission of the prior offense, a violator shall be subject to a fine of up to $1,000 or imprisonment not to exceed 15 days, or both. With respect to continuous emissions of sound,each day of such emission shall constitute a separate violation. B. In addition, persons who violate this chapter shall be liable for a civil penalty of$500 for a first violation and $1,000 for a second or subsequent violation which was committed within a period of five years from, the commission of the prior violation. With respect to continuous emissions of sound, each day of such, emission shall constitute a separate violation. The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys" fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. § 184-15. Liability of owner. The owner of any real property (except public highways, and other publicly owned facilities) from which sounds prohibited by this chapter emanate shall be guilty of a violation of Us chapter, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. 184:9 Town Clerk's Office 2016 Year End Report and 2017 Goals As I attempt to compose a list of quantifiable accomplishments for my department I am stymied. There are not many categories for which I have quantitative numbers for what we do. Yes, we issued 116 marriage licenses, over 1,100 dog licenses and almost 200 handicap permits but what we really do, day in and day out, is help everyone. It seems that every department is helped in some way by my department so although I cannot list planning projects, building permits, capital improvements or other numbers I can say we had a part in almost all of them whether it was simply taking in money and printing receipts or organizing and handing out bid documents or tiling and tracking public interest orders or scanning and tiling the final paperwork associated with each. The most important thing we do is interface with the public and our residents and project a friendly, open and helpful atmosphere. This is the first year since the redesign of the front area and it has increased the cooperation and shared workload to some extent and I hope this will continue and grow. 2016 Laserfische/Municity Hired a project manager for Laserfische scanning and organization of existing scanned documents as well as the integration of Laserfische with Municity. We began designating digital copies of record series as the official copy of Town records. Continue to spearhead the move to digital records (with considerable support from Lori) and streamlining of processes through using Laserfische and Municity 2017 Goals and Plans Integration This year we will continue with the actual integration of Laserfische and Municity, scheduled for early April with help from the City of Ithaca and Tompkins County. Training Attend the annual Laserfische Conference in Los Angeles as I believe we will finally be ready to fully appreciate and learn from the extensive hands-on classes offered at the conference. I attended once 4 years ago and it was amazing, but we weren't ready for it; we are now. The quality of the training is like nothing I have seen at any other conference I have attended since beginning at the Town of Ithaca. Planning Meet with other department heads and develop a plan for their needs regarding Laserfische and what it can do for them. TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us CODE ENFORCEMENT- BRUCE W. BATES, DIRECTOR Phone (607) 273-1783 ■ Fax (607) 273-1704 cod es@town A(IaSqn .us CODE ENFORCEMENT/ZONING 2016 YEAR END REPORT The Town of Ithaca Code Enforcement Department's task is to enforce The Code of the Town of Ithaca and The New York State Fire and Building Code, which includes the 9 series of Codes: building, residential, fire, existing, plumbing, mechanical, fuel gas, energy conservation and property maintenance code. We are also responsible for assigning 911 addresses and investigating complaints within the Town of Ithaca (excluding the Village of Cayuga Heights). Our current budgeted staff consists of(1) 37.5 hrs. /wk. Administration Assistant, (Lori Kofoid); (2) 40 lirs./wk. Code Enforcement Officer/Electrical inspectors, Dana Magnuson and Martin Kelly. (1) 40 hrs./wk, Code Enforcement Officer (Steven Williams); (1) Director of Code Enforcement and Zoning (Bruce W. Bates); Former Code Enforcement Officer/ Electrical inspector (Charles Bruner); retired as of Feb 20" 2016. Current plans are to hire 2 new Code Officers to assist in the upcoming Cornell Maplewood project. BUILDING PERMITS There were a total of 610 permits issued. Midway through last year we changed how we apply electrical permits associated with building permits, they are no longer a separate permit- Of the 610 permit 95 were associated with a building permit. Monthly reports were given to the Town Board at their regular Town. Board meetings. Currently there are 212 open permits. Reported Construction value of the 2016 permits was $67,129,421 per Our records in Our Municity database. PERMIT' RENEWALS There were a total of 33 permits renewed in 2015. CONSTRUCTION INSPECTIONS We have been averaging 18 inspections per permit, some as low as 2 per permit and some as high as 35+ for some major commercial and residential permits. COMPLAINTS There were 130 complaints file in 2016 of those 100 were closed out. FIRE/SAFETY/OPERATING PERMITS INSPECTIONS Fire Safety and Operating Permit inspections are being done by both Code Staff and the Ithaca Fire Department (IFD), in the area of the town for which they are contracted to provide fire protection services. Due to the increased time of tracking and billing these inspections, involving Ithaca College and Cornell University,at the later part of 2015„ Personnel and Operations Committee had asked that the Director look into ways to reduce this time which could involve the Office of Fire Prevention and Control (OFPC) at the State level. Unfortunately with the demand on our time and the refusal of OFPC to release these records,we will have to continue these efforts into the next year. Operating Permits are issued,per section 125.8 of The Code of The Town of Ithaca; mandated by Part 1208 Rules and,Regulations of NYS. Operating Permits are good for three years and are renewable upon passing a current fire safety inspection. The total Operating Permits issued for 2016 was 55. 911 The Codes Office is assigned the responsibility of monitoring changes and assigning addresses for the 91 lEmergency Response System. We are still running into old addressing problems. We gave up our budgeted summer work person who we had planned on using to assist us with updating our address within the town, so we could have an extra staff person in the clerk's office. We were told we would have the help we needed to continue with this project, however that has not worked out like we anticipated. So we have been working on it like we did before,when a problem arises we deal with it then. One of the biggest problems we are running into is Google. When an address is corrected we send notice to 911 dispatch, the fire department, the post office and several other crucial people. However, constituents complain because there address cannot be found for delivery or other purposes. When I checked into this further it is because the delivery companies and others use google as a reference to find the address and Google is not an official address site. ZONING BOARD The Zoning Board heard a total of 24 requests. 12 were granted, 7 withdrawn, 3 pending further action by the applicant, and 2 were denied. The Zoning Board consists of five full members who are appointed by the Town Board and they serve five year staged terms; Rob Rosen whose term expired 2016 was re-appointed and also appointed chair (term expires 2021 ). Other members of the Zoning Board are: Bill Icing(term expires 2020), is acting representative to the Codes and Ordinance Committee,Chris Jung(term expires 2018), Christine Decker (term expires 2019), George Vignaux was appointed a frill member replacing John DeRosa who resigned in 2015, Caren Rubin (term expires 2017)and William Highland (term expires 2017)are the alternates. STATE MANDATED,REPORT(see appendix) OBJECTIVES/GOALS Last year's Objectives and,Goals are listed below. I have included the progress we have made toward reaching our goals. 2017 objectives/goals; + Continue to pursue the co-operation of NY 'State Office of Fire prevention and control in providing us with copies of their inspection of Cornell and,Ithaca College., Possible implantation of a contractor registration (operating permit). • Implementation of Maplewood development. 2 Current ongoing developments and Major projects • Cayuga Medical Center-expansion of surgical unit • Clare Bridge—Senior Care • Cayuga Meadows—Senior housing • Therm-Manufacturing • St. Catherine's —parish Canter • Birds Bye view-development • Southwoods —development • West View-development Anticipated major projects • Maplewood—Cornell's 27 apartment and townhouse buildings, consisting of 500 units with 900 beds- graduate and professional Housing • Cayuga Medical Center- addition of 2"d story to east wing. CONCLUSION The Town of Ithaca Code Enforcement and Zoning department, the year 2016 enacted several changes: the fee schedule was changed to reflect more of the cost of our inspection time. Code Officers hours were increased to 40 hours. Many large and continuing projects, as well as a historical building were handled. A record number of complaints were investigated and resolved. We continued to explore the features of Municity„or data base system. We worked with the Town Clerk to start the integration of the Laserfche records management system. All of this was done while training a new officer and preparing for the coming Maplewood project. Respectfully Submitted Bruce W. Bates, Director Code Enforcement and Zoning Department / v W Appendix- NYS report 3 314=7 Uniform Code Adminl*don wW IEr =ement Report(Repcxdng Year:2016) Uniform Code Administration and Enforcement Report (Reporting Year: 20116) ntgpsJree.kcowsoWbox.oe&WQrQ 1l"23 394029117Uniform Code Administration and Enforoement.Report(Reprxnng Year:2016) General Information We recommend using Google Chrome to fill out this form lMe strongly recommend chat you use Google Chrome web browser to submityour form online.Although you can also submit the form edectronically using the latest versions of Internet Explorer ar 1lozdllarefaa we have teamed that khe farm wild not print prorly do wither ofthose programs for you to retain!n your own records.ffyacr must use lnterrret E plover ar Mardfla Fl fox because Google Chromeis not avaldable in Your workplace,you mayrequest a PDF copy afyour eiactrontc submission to tae sent back M you by smelling Michael.Saafdriv�dos.nygay.Please do not request such a PDFcopy ent!l you have completed yxaur elsctrondc submdsslon. Instructions Use one form per munrahk The Vgporting Year the calendar psarUanuary through December)for which the reported data have been collected, The"Code p cial"is the ohFcal enforcing the New York State Uniform Fire Prevention and Builth code(Uniform code) do the municipally lfyou sdil have questions after reviewing this form and instructdon4 please contact Division afBuilding Standards and codesat(59' )4 4 a Type of Municipality Please note.*dfyou refect"Town"or"'Village"It may take some time(up to one minute on odder systems)for the selection to register. 0 city 0 County U Town 0 Village Name of Municipality 0 WWilna 0 Wilson 0 Winton 0 Windham 0 Windsor 0 Winfield 0 Wirt 0 Wolcott 0 Woodbury 0 Woodhull 0 Woodstock 0 Worcester 0 Worth 0 Wright 0 Yates 0 York 0 Yorkshire 0 Yorktown Address 215 N. Tiog a St f Zip Code 14650 Mapss9iea.ka1ooWd1oxor{yxrtldYQrQ 2d23 3W2617 U dform Code Administration end Entarcemerd Report(Reporting Year:2016) Submitting Official Name Bruce W.Bates Phone Proeida business phone number with area code. 607-273-1783 Email bbates@town.ithaca,ny.us Title and Department Spedryyourtitle and department Director,Code Enforcement and Zoning Functions Specify the municipaicode enforcement functions you are able to report on behalf of Town of Ithaca.Mark all that apply. 2 Building and Other Permits MFire Safety Inspectlons Cottle Enforcement Are third-party contracted services used to meet:the requirements of 19 NYCRR Part 1209? 0 Yes regolreai a' No Does the third party meet the education requirements of 1263,2(e)(1)? 0 res 01 No Does the fire department perform fire safety Inspections? Yes 0 No Who is responsible for fire safety inspections? ht1ps:fwAd3 todbox.orgt4WQrQ; 3123 314=17 Uniform Code Admidstration WW Erdorcement RepDrt(Reporfing Year:2016) Legislative Authorization Please list the local law,ordinance or other appropriate regulation that provides for the administration and enforcement of the NYS'Uniform Fire Prevention and Building Code and Energy Conservation Construction Code In this municipality: Enter the name and number of the local law,ordinance,and/or regulation that provides for the Minialstrotlon and enforcement of the Uniform Code in the municipality(example.,Local Law#72 o€21AfNS) Chapter 125 of the Code of the Tow of Ithaca Building Permits Instructions for this section Enter the number o€building permits issued for each occupancy type fisted. New One-or TWo-family dwellings 11 New Commercial€industrial buildings 14 New Hazardous(H)occupancies 0 New Residential(R)occupancies(excluding One.and Two-Family) 1 Additions,alterations,or repairs on existing dwellings and residential buildings or occupancies 71 Additions,alterations,or repairs on existing commercial, industrial,or hazardous buildings 45 All other permits(pools,sheds,decks,plumbing,HVAC,etc.) This number should Include ail building permits not Included In figures reported above. 362 Certificates of Occupancy or Compliance issued for all occupancies Enter the number of certifelates of occupancy andlor compliance issued Here. 468 httsIleekobatWbox.orgt4wOrq 4123 34017 Urilform Code Admirdstration end Enlbrcemerd ReW(Reporting Year;2016) Stop Work Orders Number of stop Work Orders issued In reporting year Enter the number ofstop tworkorders issued IfnonehavebeenIssued enter 0. 38 Notification of Fire or Explosion Have procedures been established for notification by the thief of your fire departments)regarding fire or exp losinon involving any structural damage,fuel burning appliaince. chimney,or gas vent? IM Yes 0 No Unsafe Structures and Equipment Have procedures been established for identifying and addressing unsafe structures and equipment? Yes 0 No h4sJPeekobc& bDx.angi'k#YQrQ SM 314 017 uniform Cods Administration end EnktoomemReport(Reporting Year.2D16) Operating Permits Are operating permits required by the municipality? kw Yes 0 No Manufacturing,storing,or handling hazardous materials in quantities exceeding those listed In Tables 2703.1.1(1.1)of the Fire Code of New York State(see 19 NYCRR Part 1225): 0 Hazardous processes and activities,including but not limted to,commercial and Industrial operations which produce combustible dust as a by product,fruit and crop ripening,and waste handling: 5 Use of pyrotechnic devices in assembly occupancies: 0 Buildings containing one or more areas of public assembly with an occupant load of 100 or more persons: 27 Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety,as determined by the government or agency charged with or accountable for administration wind enforement of the Uniform Code: a tt Other operating permits issued Report any other categories of operating permits Issued and number of permits Issuer/for each such category:Use plus(+)button to add as many as needed, Describe operating permit category Heaith Care Facility and Child and Adult Day Care Centers Number of permits issued 4 Mpelfoo.kototoo'lbox.org✓d#YQrCi 60 3W2017 Udform Code Adrnidistra®on and IFr b cemer l Report(Reporting Yew:2016) Fire Safety and Property Maintenance Inspections Are any of the numbers reported in this section estimates? Ansawer"Yes'ifany of the numbers of occupancies or inspections reported were estimated rather than tabulated from electronic records or manual counting of records. "+,.i' Yes WrrftN No Please describe briefly which figures are estimated and how estimates were calculated. d. »Areas of public Assembly(with occupant load of 50 or more and not an accessory use) Numberof occupancies 24 Number of occupancies inspected 18 as Multiple Dwellings(exclude dormitories) Numberof buildings containing3 or more drivelling units in this municipality: 174 Numberof dwelling units in buildings containing 3 or more dwelling units in this municipality- 1987 Numberof multiple dwelling buildings inspected 99 ar Commercial/industrial Occupancies(not included above) Number of occupancies'in this municipality 3 Number of occupancies Inspected In this municipality Q h*sl/ee.Nrot-ctap box,orghttlkY" T23 314017 preform Code Adminlslratlun and Erdoroonord Repon(Repwfing Year:2516) Special inspections Instructions for this section Answer questions 1n this section in reference to special inspections as defined in Section 1702 of the Building Code of New York State. Does the municipality require special inspections? Yes 0 No Does the municipality retain special inspection reports? Yes 0 No Does the municipality require a statement of special inspections required as part of a condition for permit Issuance? V Yes 01 No Does the municpiality require special inspection reports to be submitted prior to issuance of certificates of compliance or completion? V Yes 0 No hLtpsJ1eo.kobdodtlw c"gW#YQra 8M 314QD17 Uniform Code Administraflon and Enforcement Repon(Reporting Year:2116) Compliance Hasyour municipality adopted more restrictive local standards(requirements)to the Uniform Fire Prevention and Building Code? 0 Yes,residential and commercial 0 Yes,residential only M) Yes,commercial only 0 No Hasyour municipality filed a petition with State Fire prevention and Building Code Council per Executive Law Article 18, Section 3797 U Yes 0 No 0 Unknown Has your municipality adopted more restrictive local standards(requirements)to the State Energy Conservation Construction Code('Energy Code)? 0 Yes,residential and commercial 0 Yes,residential only 0 Yes,commercial only T1 No Has the more restrictive local standard(requirements) for the Energy Code been filed with the.Code Council per Energy Law Article 11,Section 149? 0 Yes 0 No 0 Unknown Has the municipality adopted Green or Sustainable Building Standards for construction? 0 Yes,residential and commercial 0 Yes,residential only 0 Yes,commercial only No Please identify all procedures used by the municipality to ensure compliance with the Uniform Code. Field Inspections Plan Reviews W Software Report or printout W] Compliance Checklist ® Other h1tp9J/ee:kcitntnn bDx.org.7cWC1r l Wn 81412017 Uniform Coco Admtnistratirm aril FExftoorowd Report(Reporting Year;2019) Please specify other strategy to ensure compliance with the!Uniform Code, Use plus(+)button to add as many as needed. Please'identify all procedures used by the municipality to ensure complaInce with the Energy Code, Iv Field Inspections ® plan Reviews ® Software Report or printout Compliance Checklist ® Other Please specify other strategy to ensure compliance with the Energy Code: Use plus(+)button to add as many as needed. On average,how many site inspections are conducted for Uniform Code compliance for each new residential building? 19 on average,how many site inspections are conducted for Uniform Code compliance for each new commercial building? 29 On,average,how many site Inspections are conducted for Energy Code compliance for each new residential building? 4 On average,how many site inspections are conducted for Energy Code compliance for each new commercial building? 6 hVpsltee*obdWdbox.ar0/x WQrp 100 31M&t17 Unirarm.CodoAdministrallon and EMorcemert Report(Reporting Year:2016) Energy Cade The State Energy Conservation Construction Code(Energy Code)was amended and updated in its entirety,effective October 3,2016.The amended and updated version of the Energy Code includes specific requirements relating to construction documents,applications for building permits,approvals of applications for building permits, and inspections and tests to be performed during construction.The questions in this section of this Report relate to the Municipality's familiarity with, and ability to enforce,these new provisiorts.tn this section of this Report,the term"20115 IECC'means the 2015 edition of the Intemational Energy Conservation Code(Second printing, May 2015),the term"2016 Energy Code Supplement"means the publication entitled 02016 Supplement to the New York State Energy Conservation Construction Code(Revised August 2016)," the term"residentialbuilding"is as defined In the 2016 Energy Code Supplement,and the term"commercial building"means any building that is not a residential building.The term"residential building"includes:(1)detached)one-family dwellings having not more than three stories above grade plane,.(2)detached two-family dwellings having,not more than three stories above grade plane;(3)buildings that(1)consist of three or more attached townhouse units and(ii)have not more than three stories above grade plane (4)buildings that(1)are classified in accordance with Chapter 3 of the 2015 International Building Code(as amended)in Group R-2, R-3 or R-4 and(ii)have not more than three stories above grade plane:(S)factory manufactured homes(as defined in section 372(8)of the New York State Executive Law);and(6)mobile homes(as defined in section 372(13) of the New York State Executive Law)..For the purposes of this definition of the term""residential buiili ing,"the term "townhouse unit'means a single-family dwelling unit constructed lin a group of three or more attached units in which each unit(1)extends from the foundation to roof and(ii)has open space on at least two sides. hftpsJJee.kobotadbox.org/w"# QrQ 11123 374=17 U rdform Code Adminia1reti+x wW Enkircement Report(Reportlrg Yew:2016) Does the Municipality require that construction documents submitted as part of an application for a building permit show the following data and features of the building,In sufficient detail to allow the Municipality to determine whether the building does or does not comply with the Energy Code; Yes No Representation of building's thermal envelope? tit 0 Insulation materials and their R-values? / Fenestration 1.1-factor and solar heat gain coefficient(SHGC')? i Area-weighted tf-factor calculations and SHGC 1ik ` values(where applicable)? %W 0,1 Mechanical system design criteria(Manual""J" fah and Manual"S"for residential buildings)? J 0 Mechanical and service water heating system r r" and equipment types,sizes,and efficiencies? J ' J Economizer description(In the case of a /r r ti commercial building)? wJ 0 Equipment and system controls(in the case of ✓: r 1 a commercial building)? Fan motor horsepower(hp)and controls(in the / 1 t case of a commercial building)? "'`.✓ Duct sealing,duct and pipe Insulation and 1 location? Lighting fixture schedule with wattage and control narrative(in the case of commercial ��• building)? Location of daylight zones on floor plans(in the I "� case of a commercial building)? �✓ "�-'/ Air sealing details? rr^, Where the construction documents are required to be prepared by a New York state registered architect or licensed professional en�)neer,does the Municipality require that the documents bear the seal or stamp and signature of such registered architector licensed professinnal engineer and Include,immediliately alcove the signature,a statement sulsstantiallyrsimilar to the following:'ra the best of the knowledge,belieQ and professional judgment of ties undersignraed[registered architect or litensed professional engineer],the plans and sfiprecificatrons depicted an these dwings are in compliance with the applicable provisions of the Naw York State alnilarm Flue prevention and Building Code andthe New York Stato Energy Conservation,Construction Cade, as currently in effec t."? 0 Yes * No rftpsJlee&olsoWbcx.or®&WQrU 12M8 31411017llnftm Code Adinirdstration and EMorcern�ert Report(ReperUngYew:2316) When the Municipality determines the construction documents to be in Compliance with the applicable requirements of the Ener Cade and accept the documents,does the Municipality stamp the construction documents"Reviewed for Energy Code Compliance"and endorse the documents in writing? 0 Yes fio Wj P Are Inspections completed for each of the following(where applicable): Inspections of footings and foundations to verify compliance with the Energy Code as to R-valluie,location,thickness, depth of burial and protection of insulation as required by the Energy Code ands approved plans and specifications? kpj Yes 0 No Inspections at framing and rouggh-ln, made before application of interior fiinNsh and to verify compliance with the Energy Code as to typpes of insulatian and corresponding R-values and theiw correct location and proper Installatlan, fenestration properties(tI•factorand sHGC and, in the ease of a Commercial building 417,and ppropew iinstallatiian and air leakage components as required by the Energy CZQX ode and approved pliers and specifications? iYes 0 No Inspections at,plumbing rough-Nn to verify compliance as required by the Energy Code and approved)plans and) specifications as to types of insulation and corresponding R-values and protection,required controls,and required heat traps on potable water heaters? Yes 0 No Inspections at mechanical rouggh.-in to verNfy camplianCe as required by the Energy Code and approved plans and specifications as to installed FIArAC equipment type and size,required controls,system insulation,and corresponding R- valua;syystem and damper alr leakage(In the case of a commerelal bulil'dingg)or system air leakage cantroi din the case afa residentlal building);and required energy recovery and economizers(fn the caro of a commerelal)building)or programmable thermostats, dampers,whole-house ventilation,and minimum fan efficiency(In the Dasa of a residential building)? Yes 0 No Inspections at electrical rough-in to verify compliance as required by the Energgyy Code and approved plans and specifications as to installed lighting systems, components and controls and, I►ap;plicablle,Installation,of an electric meter for each dwelling unit? kw Yes 0 No A final Inspection that verifies,in the case of a commercial building,the installation and proper operation of all building controls required by the Energy Code,the receipt of documentation verifying that activities associated with building commissioninngg required ii�y the Energy Code have been conducted and that findings of noncompliance corrected,and the receipt of the H4 AC system certification required byr the Energy Code;and the final)Insppection shall vera In the case of a residential buildin the installation of all)building systems,equipment,and controlls required by the nergy Cods and their groper operation and the Installation of the number of high-efficacy lamps and fixtures required by the Energy Code? Yes 0 No »in the case of residential buildings: hUpsJlee kotdr dhox.or9bdWMrQ 130 3I4=7 Nmlform Codo AdmWirtration arxi Enforcement Report(Reporting Year:2016) Does the Municipality require that a permanent certificate listing theredominant R-values of insulation Installed be completed by the budder or registered design professional and poste?:an a wall In the space where the furnace is located? Yes 0 No Does the Municipality require that buildin envelo a values be confirmed as code compliant lby at least one of the following methods?prescriptive,Trade-off&methodp(RESCheck),Energy Rating index(2015 IECC Section R406) 01-11 M Yes 0 No 0 Other Specify other. in the case of detached one-and two-family dwellings,townhouses,and multiple family dwellings of three stories or less,does the Municipality require that an air leakage test(the"ACH 50 test"or"blower door test")be performed on the completed building envelope? UYes "+..1 No Does the Municipality require that the ACH 50 test verify 3 air changes or less per hour? Yes 0 No Does the Municipallty require that written report of the results of the ACH'50 test be signed by the party conducting the test and provided to the Municipality? Yes 0 No Ina case where any part of the HVAC duct system locatedoutside of the building envelope,does the Municipality require that a duct tightness test be performed? Yes 0 No Does the code official receive a written report of the results of the test signed by the party conducting the test? T) Yes 0 No m In the case of commercial buildings: hWj/cG*dx*0dbox.or9WffYQrQ 14123 314=7 Urdfarm Kole Admidetration and Entorcemerd Repot(Repo firg Year:21118) (Does the Municipality require the demonstration of compliance with one of the following compliance paths?*ASklRAE Complfaraeel°a compliance witlh he requirements of SHRA190.1(.2013,as amended by the 2096 Energy code Supplenient*laresrript ve CompLianee Parlr Cam (lance with the raqulremants of(1)Sections e402 through C44S of the 2095 lECC,as amended by the 2016 Energy Code Supplement (2y Section 0406 of the 20151ECC,as amended by the 2016 Energy Code Supplement,and j3)in the case of tenant spaces, Section 0406.1.9 of the 2015 (ECC',as amended by the 2016 Energy code upelement.*Peeormance Comppllanca Patfr Domppliance with the requirements of Sections 0402.5,0403.2,0404, C40TMa.2,6+105.3,C40S.5, 0405,6,and'C4DT of tiro 2015 (ECC,as amended b the 2016 Ener cads Supplement,with building energy cost to be equal to or less than g5 percent of the standard reference desig building.. Uw Yes O No Does the Municipality require construction documents to cleVr Indicate proviisions for commissioning and completion requirements in accordance with Section 0406 of the 2015 IECISN G? Yes 0 No Project Compliance For each of the following project categories,provide the total number of projects lin each category that were completed during the year covered by this report and the number of such completed projects that compiled with ninety percent(90%)or more of the applicable requirements of the Energy Code: New commercial building construction projects completed C Completed new commercial'building construction projects that are at(least 90%compliant 0 New residential building construction projects completed 0 Completed new residential building construction projects that are at least 90%compliant 0 Existing commercial building construction projects completed 0 Completed existing commercial building construction projects that are at least 90%compliant 6 Existing residential building construction projects completed 0 Ihttpslfee.koboWbox.or9W#YQrQ Ism 314017 Urdfonm Code Admirdstratioa and Ertdbreemort Report(ltep orbrng Yew;2016) Completed existing residential building construction projects that are at least 99%compliant 0 With respect to the response to previous question,provide a description of the methods used to verify such compliance with the Energy Code. Most buildings that were issued Certificates of Occupancies were started under the old Energy Code and we have no way to judge what percentage of completion current permits are in. i Complaints Are any of the numbers reported in this section estimates? Answar'Yes'lfany of the numbers of occupancies or Inspections reported were estimated rather than tabulated from electronic records or manual counting ofrecords. 0 Yes No Please describe briefly which figures are estimated and how estimates were calcuillated. i Total number of all registered Uniform Code related complaints received for reporting year. 97 Total number of all registered Uniform Code related complaints acted)upon for reporting year: 97 Total number of all registered Energy Code related complaints received for reporting year; 0 Total number of all registered Energy Code related complaints acted upon for reporting year: 0 Record Keeping Nltrsdl'ee*drdo box org(XW" 160 3/4W7 UrdformCode AdministrAonandEnforcement Report(Reporting Yew:2016) Has a system of records of the features and activities specified in 19 NYCRR 1203.3(a-1)been established and maintained? Yes 0 Na JkeAdxtooIbou.argdzf#YtlrPg '67P23 314017 Uniform Code Adminlstrabon and Enforcemem4 Report(Reporting Year.2016) Personnel Instructions for this section Identi all Code Enforcement Officials and Sulldln Safety Inspectors enforcin the Uniform Code within your municipality Do not include individuals who are limited to zoning and ar planning functions.Use plus(+]'button to add as manyas needed,. 1 ' Name Bruce W.Bates Title Director of Code Enforcement and Zoning E.Mall Address bbates@ tow n,i th a ca.ny.us DOS Code Enforcement Officer Certification Plumber Leave blank Iflndividualls notyet certified 0004426 DOS Code Enforcement Officer Expected Certification Date On1v reporr ifno certification number Is available for the lnd+vidual t Hours Worked Per Week s0 2 `Name Steven Williams Title CEO E-mail Address swillBalms@town Jthaca.ny.us hI4AJPeoXdx oobox.orglzil QrQ. 18r2;# 31412017 Uniform CcdeftnWnislraliaaand IErdarcern tRgxxt(ReperdngMean: 16) DOS Code Enforcement Officer Certification Number Leave blank if individual is notyet certified 01404-7298B DOS Code Enforcement Officer Expected Certification Date Only report if no certlt7cadon number is available for the individual * Hours Worked Per Week 40 3 `Name Chas Bruner Title Electrical Inspector/CECT E-Mail Address cbruner@town.ithaca.ny.us DOS Code Enforcement Officer Certification Number leave blank if individual is not yet cert✓fled 1210-7278 DOS Code Enforcement Officer Expected Certification Date only report ifno certification number is available for the individual Hours Worked Per Week 30 4 `Name Martin Kelly hYtpallee.kadwtrwlt .erg MQrf] IBM 34 017 UniformCodoAdministrationand EnforcementReport(RepodnIik'ear:2016) Vitae Electrical I n s p eato r/C E 0 E-Mail Address mkelly@town.ithaica.ny.us DOS Code Enforcement Officer Certification Number Leave blank IFIndividual Isnotyetcertlfled 06110-012 DOS Code Enforcement.Officer Expected Certification Date Only report it certification number Is available for the Individual Hours Worked Per Week 44 5 " Name Dana Magnuson Title Electrical Inspector/CEO E-Mail Address dnnagnuson@town.ithaca.ny.us DOS Code Enforcement Officer Certification Number Leave blank if individual is not yetcerblied 1000571 DOS code Enforcement Officer Expected Certification Date Only report if no cerftfication number Is available for rhe individual hWY/eekobo Wlwx.orqh,WQrQ 200 31412017 Uniform Code AdmiMsteation and Enforcement Report(Reporting Year:2015) " Hours Worked Per Week 40 ' Name lloe Slater Title Water/Sewer Maintenance Supervisor E-Mail Address jsfaterem town.ithaca.ny.us DDS diode Enforcement Officer certification Number Leave blank If Individual is notyer cerfiffed 0116-0069 DOS Code Enforcement Officer Expected Certification Date Only report If no certification number is available for the Individual 'Hours Worked Per Week 40 7 " Name Steve Riddle Title Water Distribution Manager E-Mail Address sriddle@boltonpoint.org Maps 11ee*oboiodbox.orOrzI7FYCC1t4 21f23 3/412017 Uodiorm Gude Admirdstration and Entorcerrent Report(Reporting Year,2016) DOS Code Enforcement Officer Certification Number Leave blank if individual is notyet certified NYO048510 DOS Code Enforcement Officer Expected Certification Date Only report if no certification number is available for the individual *Hours Worked Per Week 37.5 Name Gregg Weatherby Title Assistant Distrtbution Manager E-Mail Address gregg0bolton poi nt.o rg DOS Code Enforcement Officer Certification Number Leave blank If Individual Is not yet cern'fred CE1000419 DOS Cade Enforcement Officer Expected Certification Date Only report If no certification number Is available for the individual Hours Worked Per Week 37.5 9 `Name Jeff Hall fit":0lw.koboWboX.orgi,r,WQr J 220 3IM2017 Udform Code Aft nustrallon and Enforcement Report(Reporting Year:2616) Title Distribution Operator E-Mail Address jhall@boltonpofnt.org DOS Code Enforcement Officer Certification Number Leave blank if individual Is not yer certified NY©362598 DOS Cade Enforcement Officer Expected Certification Date Only report If no certification number is available for the individual t Hours worked Per week 37.5 Additional Information Please provide any additional information or comments Provide any addidonal information or comments that mayprove helpful inAprecessing the form and interpredniryour response. Provide feedback on any data that were difficult to obtain and any concerns that m7ght Influence the accuracy,completeness,orprecislon of information you provided. Once again, I question what this report is used for,The level of enforcement varies between municipalities and whomever makes up these questions needs to explain why you need this information, "How many of blank are 90% done?" How much of your work is 90% done? Hard to answer isn't it? Complete Your Submission *If you are usingg Gaggle Chrome to subrnPt you may navy print year ap Iicatian.Ploase click the PRIIIIT button (image of a Anter)an the upper rit It of this screen beforeyou hit suirmlG This wrlll allaw you to print your completed harm ars w it to a PDF le ff your computer supports that.You velli not be ablle to retrieve he farm once you submit It,Acknowledge that you have considered printing your farm before you submit. 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 2/1/2017 To: 2/28/2017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2016-0600 2/2/2017 CO 46.-1-7.1 702 Coddington Rd MKELLY ISSUED 2016-0170 2/3/2017 TCO X 71.-1-10 309 Siena Dr DMAGNUSO ISSUED 2015-0571 2/6/2017 CC 45.-1-14 138 RIDGECREST RD DMAGNUSO ISSUED 2017-0010 2/8/2017 CC 53.-1-15.6 319 Coddington Rd DMAGNUSO ISSUED 2016-0535 2/8/2017 CO 59.-2-20.11 118 Homestead Cir DMAGNUSO ISSUED 2016-0013 2/9/2017 CO 44.-1-55 391 TETON COURT MKELLY ISSUED 2017-0018 2/13/2017 CC 39.-1-1.22 950 Danby Rd SWILLIAMS ISSUED 2017-0036 2/14/2017 CO 29.-3-3.4 109 Valley View Rd DMAGNUSO ISSUED 2016-0428 2/21/2017 CC 64.-1-1 275 PALM ROAD-Grounds O MKELLY ISSUED 2017-0069 2/22/2017 CC 58.1-1-34 34 Penny Ln MKELLY ISSUED 2017-0047 2/22/2017 CC 47.-2-3 915 Coddington Rd DMAGNUSO ISSUED 2017-0004 2/27/2017 CO 46.-1-15.39 109 Southwoods Dr DMAGNUSO ISSUED 2017-0055 2/28/2017 CC 62.-2-13.7 1020 B Ellis Hollow Rd DMAGNUSO ISSUED Page 1 of 2 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 2/1/2017 To: 2/28/2017 Certificate Type Certificate Status Count CC 7 CO 5 TCO 1 Total: 13 ISSUED 13 Page 2 of 2 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 2/1/2017 To: 2/28/2017 Date Type Tax Parcel # Legal Address Disposition 2/1/2017 GARBAGE 825 Danby Rd OPEN Desc: Tompkins Health Department received a complaint that the Rogan's Corner was accumulating garbage and didn't have it properly stored. They also observed a large number of garbage bags in an open trailer behind a locked fence. They have until February 15, 2017 to clean this up. 2/2/2017 PROPERTY MAINTENANCE 25.-2-38 829 Taughannock Blvd UNFOUNDED Desc: Deborah was away over weekend and came back to see there was materials/bags/rubbish left in her driveway. Must have happened sometime between Sunday night & Monday morning, came back Monday and noticed metal tubing, etc (could have fallen off a truck hauling construction material). What can be done, don't have the means of getting rid of it. 2/3/2017 NYS Residental Code 28.-1-34.30 120 Drew Rd CLOSED Desc: Realtor stated that house is for sale and it appears that work has started to add a third dwelling unit or additional living area in the basement. NO permits have been issued to allow this work. 2/10/2017 PROPERTY MAINTENANCE 24.4-14.24 311-361 West Hill Cir OPEN Desc: Elizabeth called to complain about the snow removal and having rock salt put down for the sidewalks. She fell the other night, sidewalks all ice. She said there has been no snow plowing around the fire hydrant, the kids have been walking in the road to get to the bus stop. She has reported this to Angie Helms who is in the management office and has no response. Also, she thinks there's water leaking from somewhere that is flowing across the sidewalk. She feels the management is not answering the phones to solve this problem. 2/21/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Apartment 232. Pull cord location too close to light switch. Language barrier with occupants. Multiple false alarms from this location. 2/21/2017 NYS BUILDING CODE 46.-1-15.12 201 Eldridge Cir OPEN Desc: Voice mail from neighbor Bill saying that they put in the driveway over the corner of the property. They moved the property line stakes to do it. 2/22/2017 PROPERTY MAINTENANCE 1028 Ellis Hollow Rd OPEN Desc: Upstair apartment 232 has had water overflowed either from the toilet, bath or kitchen 3 times this month (Feb 11, 19, 21). Tenant below in Apt 132 is concerned about mold, the vinyl floor, dry wall, ceiling and the rug being saturated in Apt 232. Tenant in Apt. 132 has a stained ceiling and hall/entry way problem. Management has been notified but seems to be deliberating on what to do next and is taking time to fix. Tenant in 132 is concerned about ceiling falling in. 2/25/2017 FIRE SAFETY VIOLATIONS 200 Conifer Dr OPEN Desc: Ongoing issue of one PERS medical alarm causing multiple alarms to be transmitted in multiple locations. Incident 17-0702 Medical alarm activation by resident of 2012 (PERS alarm) Subsequent activations hallway outside of 2012, hallway outside of 3013, and one other transmitted to West Fire Monitoring Agency with no known location. 906 investigated all areas, reset system and O'Halloran called West Fire on 2/24/17 at 4:00 hours and had a service ticket written for West Fire to service the Page 1 of 3 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 2/1/2017 To: 2/28/2017 Date Type Tax Parcel # Legal Address Disposition system on 2/24/17. West Fire has been advised to call IFD when they work on the system and that IFD Codes division would be following up. 2/27/2017 REPORT OF FIRE 1150 Danby Rd OPEN Desc: Fire reported in the chimney of the hotel. Chimney in front reception area. All chimneys need inspecting as they run up through the building next to each other. 2/28/2017 LACK OF HEAT 54.-5-43 231 Pennsylvania Ave CLOSED Desc: Parent of IC student calling because they have not been able to reach owners of this property. Their daughter doesn't have any heat or hot water and their fridge seal has been broken for a while. Their daughter has had to tape it up just to keep it shut. They've tried to reach owners multiple times with not success. When they were able to finally reach them on Monday, owners sent someone over who said he couldn't fix it, walked out and hasn't returned. They still don;t have heat and hot water. They are at their wits end, please call when you get a chance at 630-936-0535. Thank you so much. Page 2 of 3 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 2/1/2017 To: 2/28/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count FIRE SAFETY VIOLATIONS 2 GARBAGE 1 LACK OF HEAT 1 NYS BUILDING CODE 1 NYS Residental Code 1 PROPERTY MAINTENANCE 3 REPORT OF FIRE 1 Total: 10 CLOSED 3 OPEN 6 UNFOUNDED 1 Page 3 of 3 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 2/1/2017 To: 2/28/2017 Date Type Tax Parcel # Legal Address Disposition 2/2/2017 PROPERTY MAINTENANCE 25.-2-38 829 Taughannock Blvd UNFOUNDED Desc: Deborah was away over weekend and came back to see there was materials/bags/rubbish left in her driveway. Must have happened sometime between Sunday night & Monday morning, came back Monday and noticed metal tubing, etc (could have fallen off a truck hauling construction material). What can be done, don't have the means of getting rid of it. 2/3/2017 NYS Residental Code 28.-1-34.30 120 Drew Rd CLOSED Desc: Realtor stated that house is for sale and it appears that work has started to add a third dwelling unit or additional living area in the basement. NO permits have been issued to allow this work. 2/21/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Apartment 232. Pull cord location too close to light switch. Language barrier with occupants. Multiple false alarms from this location. 2/28/2017 LACK OF HEAT 54.-5-43 231 Pennsylvania Ave CLOSED Desc: Parent of IC student calling because they have not been able to reach owners of this property. Their daughter doesn't have any heat or hot water and their fridge seal has been broken for a while. Their daughter has had to tape it up just to keep it shut. They've tried to reach owners multiple times with not success. When they were able to finally reach them on Monday, owners sent someone over who said he couldn't fix it, walked out and hasn't returned. They still don;t have heat and hot water. They are at their wits end, please call when you get a chance at 630-936-0535. Thank you so much. Page 1 of 2 3/4/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 2/1/2017 To: 2/28/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count FIRE SAFETY VIOLATIONS 1 LACK OF HEAT 1 NYS Residental Code 1 PROPERTY MAINTENANCE 1 Total: 4 CLOSED 3 UNFOUNDED 1 Page 2 of 2 Meeting of the Ithaca Town Board Monday, March 13, 2017 TB Resolution 2017- Approval of Final Budget Transfers, Amendments and Modifications for the Fiscal Year Ending December 31,2016. Whereas, in preparation of closing the budgetary and accounting records of the Town of Ithaca, the Town Finance Officer has reviewed all budgetary revenue and appropriation accounts for the fiscal year ending December 31, 2016, and Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications needed to close the budgetary and accounting records of the Town of Ithaca for the fiscal year ending December 31, 2016, and Whereas, these findings are summarized below showing the net impact on the Fund Balance in each operating fund or fund group: General Townwide Fund Beginning Fund Balance at 1/01/16 $ 3,495,445.19 ADD: Total Revenues 4,461,753.36 LESS: Total Expenditures 4,232,919.22 Ending Fund Balance at 12/31/16 $ 3,724,279.33 Net Increase to Fund Balance from 2016 Operations: $ 228,834.14 General Part-Town Fund Beginning Fund Balance at 1/01/16 $ 870,593.56 ADD: Total Revenues 1,433,344.04 LESS: Total Expenditures 1,350,370.54 Ending Fund Balance at 12/31/16 $ 953,567.06 Net Increase to Fund Balance from 2016 Operations: $ 82,973.50 Highway Part-Town Fund Beginning Fund Balance at 1/01/16 $ 1,825,218.94 ADD: Total Revenues 3,356,080.89 LESS: Total Expenditures 3,353,972.42 Ending Fund Balance at 12/31/16 $ 1,827,327.41 Net Increase to Fund Balance from 2016 Operations: $ 2,108.47 Water Fund Beginning Fund Balance at 1/01/16 $ 2,404,041.24 ADD: Total Revenues 4,254,103.85 LESS: Total Expenditures 4,010,306.81 Ending Fund Balance at 12/31/16 $ 2,647,838.28 Net Increase to Fund Balance from 2016 Operations: $ 243,797.04 Sewer Fund Beginning Fund Balance at 1/01/16 $ 2,749,401.21 ADD: Total Revenues 2,713,467.04 LESS: Total Expenditures 2,647,352.97 Ending Fund Balance at 12/31/16 $ 2,815,515.28 Net Increase to Fund Balance from 2016 Operations: $ 66,114.07 Capital Proiect Funds Group Beginning Fund Balance at 1/01/16 $ 1,007,264.84 ADD: Total Revenues 74,482.65 LESS: Total Expenditures 1,643,558.91 Ending Fund Balance at 12/31/16 $ (561,811.32) Net Decrease to Fund Balance from 2016 Operations: $ (1,569,076.16) Risk Retention Fund Beginning Fund Balance at 1/01/16 $ 160,316.50 ADD: Total Revenues 20,125.85 LESS: Total Expenditures 13,534.83 Ending Fund Balance at 12/31/16 $ 166,907.52 Net Increase to Fund Balance from 2016 Operations: $ 6,591.02 Fire Protection Fund Beginning Fund Balance at 1/01/16 $ 1,272,590.75 ADD: Total Revenues 3,580,837.77 LESS: Total Expenditures 3,195,714.78 Ending Fund Balance at 12/31/16 $ 1,657,713.74 Net Increase to Fund Balance from 2016 Operations: $ 385,122.99 Lighting District Funds Group Beginning Fund Balance at 1/01/16 $ 5,062.97 ADD: Total Revenues 17,009.75 LESS: Total Expenditures 16,224.79 Ending Fund Balance at 12/31/16 $ 5,847.93 Net Increase to Fund Balance from 2016 Operations: $ 784.96 Inlet Valley Cemetery Expendable Trust Fund Beginning Fund Balance at 1/01/16 $ 9,082.76 ADD: Total Revenues 4.33 LESS: Total Expenditures 4,670.00 Ending Fund Balance at 12/31/16 $ 4,417.09 Net Decrease to Fund Balance from 2016 Operations: $ (4,665.67) Debt Service Fund Beginning Fund Balance at 1/01/16 $ 276,201.69 ADD: Total Revenues 1,548,664.18 LESS: Total Expenditures 1,394,956.26 Ending Fund Balance at 12/31/16 $ 429,909.61 Net Increase to Fund Balance from 2016 Operations: $ 153,707.92 Now, therefore, be it Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all year end budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary, to close the financial records for the Town of Ithaca for the fiscal year ending December 31, 2016. MEETING OF THE ITHACA TOWN BOARD Monday, February 27, 2017 TB Resolution 2017 - 035: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 195 - 250 General Fund Townwide 33,656.21 General Fund Part-Town 9,077.26 Highway Fund Part-Town 14,666.38 Water Fund 8,900.68 Sewer Fund 19,864.62 Risk Retention Fund 81.00 Forest Home Lighting District 184.16 Glenside Lighting District 65.02 Renwick Heights Lighting District 75.44 Eastwood Commons Lighting District 165.10 Clover Lane Lighting District 19.26 Winner's Circle Lighting District 63.31 Burleigh Drive Lighting District 65.39 West Haven Road Lighting District 199.79 Coddington Road Lighting District 118.98 TOTAL 87,202.60 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Howe, Hunter, Leary, Levine, Goodman, DePaolo and Bleiwas MEETING OF THE ITHACA TOWN BOARD Monday, February 13, 2017 Draft Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to Order and Pledge of Allegiance—Mr. Goodman opened the meeting at 5:36 p.m. 2. Persons to be Heard and Board Comments a. Board of Fire Commissioners' (Attachment 1) -- Bill Gilligan The total number of calls were down slightly from the previous 2 years. The year-end numbers have not been finalized but there might be a slight surplus. The Chief has asked the Commission to approve the renumbering of the stations to clear up how many stations the department has as well as the vehicle numbers to avoid confusion. The board had no questions but Mr. Goodman reported that Larry Sallinger has expressed interest in serving on the Commission for the Town and that TCCOG is looking at emergency service providers and possible shared services or options because many of the municipalities are struggling with providing emergency services. b. Town Historian (Attachment 2)—David George—Mr. George reviewed his written report. Mr. DePaolo asked about the Sullivan Campaign marker and Mr. George read the inscription. 3. 5:30 p.m. Public hearing regarding a proposed resolution for the Alteration of Boundaries of Town of Ithaca Fire Protection District by Exclusion of Territory Owned by Ithaca College Mr. Goodman noted that the public hearings have been properly advertised and opened the public hearing at 6:00 p.m. He noted that he is not envisioning taking any action on this, but he would like to know if there is additional information the town board would like to have in order to make a decision about this in the future. Dave Maley, 305 Tareyton Dr. Mr. Maley stated that he was a volunteer firefighter with the Village of Cayuga Heights which serves the Town of Ithaca so he has an understanding of what it takes to provide these critical emergency services. He stated that in his professional job he works at Ithaca College and works with the media and frequently serves as the spokesperson on behalf of the College. He said he has done so at times with regards to this very issue of the public hearing. Town Board February 13, 2017 Pg. 1 Mr. Maley stated that he comes here tonight not on behalf of his fire department and not on behalf of the college, but on a personal note as a town resident who is a tax payer and homeowner who is also an employee of the College and who has a daughter who attends Ithaca College. He stated that the reason he has heard the Town is seeking to remove Ithaca College from its fire protection district is ostensibly because of the high costs of contracting with the Ithaca Fire Department to provide fire protection coverage for the College. He said that he has not yet seen any documentation from the Town regarding what the specific cost is to provide fire protection for Ithaca College alone and more important, as it relates to costs, what taxpayers would save by the Town cutting the College out of its fire protection district. Mr. Maley stated that because the College entered into a PILOT or payment in lieu of taxes agreement with the College Circle property, he understood that the Town is not looking to cut or exclude the apartments from the fire protection service and that makes sense because taxes are specifically paid on the property the apartments are on, yet for the past two years,the majority of the fire alarm calls to the Ithaca College that the fire department has responded to have been to the College Circle apartments, therefore, cutting the rest of the College from the fire protection district would not greatly reduce the number of calls that the IFD responds to. Mr. Maley stated that if the Town intends to take such a drastic action and such and unprecedented step, it would help to hear what the Town thinks the savings from this would be to its residents such as himself. Mr. Maley went on to say that as an employee of the College whose work place would be removed from fire protection, as the father of a student whose classroom and lab would be removed from fire protection, and as a town taxpayer who has been told that paying for fire protection for the College is expensive,but who has not been told how he as a resident how he would benefit from that protection being removed from a nonprofit institution who otherwise provides great economic benefit to the town and the region, he asked that the Board reject this proposal. Brody Smith, Bond, Schoeneck& King, Attorney for Ithaca College (Attachment 3) Mr. Smith read from his submitted letter, highlighting the three main points: Article XVI Taxation, Equal Protection Clause of the NYS Constitution and finally the contributions made by Ithaca College. Mr. Smith stated that the language of Article XVI is unambiguous and has been interpreted by the courts consistently and the courts strike down any attempts by municipalities to circumvent the tax exempt status of nonprofit institutions. In the case of Ithaca College, this exemption has been recognized since the 1960's when they relocated to South Hill and this year on the Wholly Exempt portion of the final tax roll. Mr. Smith stated that there has been no question that the College had been tax exempt for all this time and the first moment when this was questioned was when, in writing, the demand was sent to Ithaca College from the Town demanding that a payment be made "voluntarily." When that Town Board February 13, 2017 Pg. 2 payment was not made, again, in writing, it was stated that Ithaca College would be removed from the fire protection district if that money was not paid. Taking the two ideas together, the constitution does not provide for workarounds and the courts are rather hostile to them, and he asserted that due to the unambiguous nature of the language of the Constitution and the unambiguous communications written to Ithaca College with the condition being set to pay a fee or be written out of this district, he thought it was clear that if the Board were to vote for this resolution, they would be violating the NYS Constitution. Mr. Smith then stated that under the NYS Constitution and the United States Constitution, there is an equal protection clause which states that any governmental action must be rationally related to a legitimate government interest and if the government discriminates irrationally, that would violate the equal protection clause. Mr. Smith stated that under the real property tax law, there are a number of entities in the Town that are exempt from paying real property tax, including churches,hospitals, charities,nature conservancies and theaters. Mr. Smith stated that no reason has been articulated by the Town as to why the not-for-profit he represents is any different than the other not for profits and other entities he may not have mentioned in the town so why should the educational institute be singled out and not the hospital and the churches and the charities. Mr. Smith asserted that no rational reasoning could be articulated by the Town Board and therefore, that if the Ithaca College were to be written out of the fire protection district, it would also violate both the NYS and the United States Constitutions Equal Protection Clauses. Mr. Smith stated that the third thing he wanted to talk about, which he thought was very important, is the contributions that Ithaca College makes to the community. He said that it has been stated before that it provides education to young people,jobs to local residents and provides a more educated work force to the region to the benefit of the region's economy. Mr. Smith added that in an odd twist of irony, Ithaca College donated the land that the fire department was built on and Ithaca College has, although not required to do so, left a number of properties on the tax rolls and does pay taxes on multiple parcels of property which it probably doesn't have to do, including the arrangement alluded to before with regards to PILOT agreements. Mr. Smith stated that Ithaca College would like to see an amicable resolution to this disagreement, but it has no choice but to defend its tax-exempt status. No not-for-profit can concede that and continue to operate so it must defend this in this instance and he encouraged the board to reject the resolution because it violates the NYS and Federal constitutions and he was sure the Board has been counseled by its attorney and he was here to share the College's view and thanked the Board for their time. Mr. Goodman asked for any other speakers and there being no one, he closed the public hearing at 6:10 p.m. and brought the topic back to the Town Board. Town Board February 13, 2017 Pg. 3 The Board had no questions, saying they would seek a closed session to seek the advice of counsel at some point rather than speak now. 4. 5:30 p.m. Public hearing regarding a local law amending the Town of Ithaca Code, Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements Mr. Goodman opened the public hearing at 6:12p.m. There was no one wishing to address the Board and the hearing was closed. Mr. Goodman explained that this would remove the necessity of going before the Zoning Board for our own projects, but they would still go before the Planning Board for site plan approval. He added that this had been talked about before when a certain tank project needed comptroller approval and the timing for the ZBA didn't tit well and it would have been expedient to not have the requirement. This only applies to water improvement projects and would be through a number of discussions at Committee levels also and the Town is allowed, by law to exempt itself from even the Planning Board review but that will give an opportunity for public comment. Ms. Hunter asked about the process and whether we would be or could be tied to a Planning Board condition and Mr. Goodman responded that we would, but it is our project and we could therefore change the project or not do the project at all if we wanted to do that. The Town Board would have a number of times to reevaluate the project after Planning Board review and a number of options at any given point. Ms. Hunter stated that the Planning Board is very autonomous and wanted to make sure there was aprocess for the Town Board to reconsider projects if we got resident feedback and Mr. Goodman responded that we absolutely would have recourse options. TB Resolution 2017-020: SEQR: Adoption of Local Law Amending Town of Ithaca Code, Chapter 270 Entitled "Zoninu", Exemptinu Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coveraue Requirements Whereas, this action is the adoption of a local law amending Town of Ithaca Code Chapter 270, entitled "Zoning", which exempts Town of Ithaca-owned water infrastructure from height, setback, buffer and lot coverage requirements; and Whereas, this is an Unlisted action for which the Town of Ithaca Town Board is acting as lead agency with respect to the enactment of the proposed local law; and Whereas, the Town Board, at a public hearing held on February 13, 2017, has reviewed and accepted as adequate a Short Environmental Assessment Form (SEAT)Parts 1, 2, and 3 for this action, along with other application materials; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in accordance with the New York State Environmental Quality Town Board February 13, 2017 Pg. 4 Review Act for the above referenced action as proposed based on the information in the SEAT Part 1 and for the reasons set forth in the SEAT Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes—Howe, Bleiwas, Goodman, Levine, Leary, Hunter and DePaolo Mr. Goodman turned to the resolution of adoption which was moved and seconded for discussion. Mr. DePaolo stated that he thought we were endeavoring to solve a problem that doesn't exist and he thought that in doing so we are removing a mechanism by which residents can speak out and potentially get relief and he was not comfortable with putting ourselves or even creating the appearance of putting ourselves as circumventing the process that other residents of the town would be subject to so he could not support the resolution. Ms. Leary asked how much time this would save in the process and Mr. Goodman responded that it could be as much as 45 days; she did not foresee a lot of objections to these types of projects and agreed with the resolution. TB Resolution 2017- 021: Adoption of Local Law Amending Town of Ithaca Code, Chapter 270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements Whereas,providing municipal water service is a vital part of the Town's function, and insuring quality and reliable water service and infrastructure is essential for the community's quality of life and wellbeing, and Whereas, the Town has a large amount of existing Town-owned water infrastructure in place, and the Town's options as to the locations and heights of new or modified Town-owned water infrastructure are significantly constrained because of the interconnections between, and interdependence of, the various water system components, and Whereas, current Town Code zoning requirements are silent as to whether they apply to Town-owned water infrastructure, which has resulted in the requirement for certain components of the water infrastructure (such as water tank installations and replacements) to obtain height variances from the Zoning Board of Appeals, and Whereas, discussions concerning the possibility of exempting Town-owned utility infrastructure (specifically water tanks) from certain approval processes were discussed by the Planning Committee at meetings on April 15, 2015 and May 21, 2015, and the conclusion by the Committee was to recommend changing the Town Code to eliminate the need for height variances from the Zoning Board of Appeals, while maintaining site plan (Planning Board) approval requirements in order to maintain a public participation process, and Town Board February 13, 2017 Pg. 5 Whereas, the current proposal also includes exempting Town-owned water infrastructure from height, setback, buffer, and lot coverage requirements to include, but not be limited to, water tanks,pump stations, pressure relief valves, and associated structures and appurtenances, and Whereas, at its meeting on January 23, 2017, the Town Board of the Town of Ithaca discussed aproposal for exempting Town-owned water infrastructure projects from certain Town Code provisions and subsequently a local law regarding said proposal was scheduled for a public hearing to be held by the Town Board on February 13, 2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending Town of Ithaca Code, Chapter 270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements", and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on February 13, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1,2 and 3, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law XX of 2017 entitled "Local Law Amending Town of Ithaca Code, Chapter 270 Entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements, and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes —Howe, Levine, Goodman, Hunter, Leary and Bleiwas Nays —DePaolo 5. 5:30 p.m. Public hearing regarding a proposed local law amending Zoning Chapters 270 & 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood Development between Maple Avenue and Mitchell Street Mr. Goodman opened the public hearing at 6:23p.m. There was no one wishing to address the Board and the hearing was closed. Town Board February 13, 2017 Pg. 6 TB Resolution 2016 -022: Adopt Local Law 5 of 2017 Amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Maplewood Development Between Maple Avenue and Mitchell Street Whereas, EdR Trust, in association with Cornell University, is proposing to redevelop the Maplewood Apartments into a mix of townhomes, stacked flats, and multi-family apartments buildings they would own and manage, on a+/- 17 acre site located between Maple Avenue and Mitchell Street(Town of Ithaca Tax Parcel No. 63.-2-10.2) that Cornell University would continue to own, and Whereas, the Maplewood Graduate and Professional Student Housing Redevelopment Project is consistent with the Town Comprehensive Plan, which includes the Maplewood site in the "TND High Density" category, intending the area for a mix of higher density housing types, "built to create an intentional neighborhood with linkages and proximity to services, employment, public transit, and recreational areas", and Whereas,the Town Board at its meeting on February 8, 2016,referred the project to the Planning Committee for development of a Planned Development Zone (PDZ), and Whereas, the Planning Committee reviewed draft PDZ language,prepared by staff and utilizing a form-based code approach, at their meetings on April 21,2016 and May 19, 2016 and referred the draft to the Town Board for referral to the Planning Board, and Whereas, the Town Board at their meeting on June 13, 2016 referred the draft PDZ language to the Planning Board for review and a recommendation, and on November 1,2016 the Planning Board discussed and gave preliminary consideration to the PDZ language, and Whereas, the Planning Committee revised the draft law at their meeting on November 17, 2016, addressing the remaining thresholds and language issues subsequent to the Planning Board's discussion of the project's Final Environmental Impact Statement on November 15th, and Whereas, the Planning Board reviewed the final draft Maplewood PDZ local law at their meeting on December 6, 2016 and recommended that the Ithaca Town Board enact the proposed local law, and Whereas, notice was duly advertised in the Ithaca Journal for a public hearing to be held by the Town Board on February 13, 2017, at 5:30 p.m. to hear all interested parties on a proposed local law entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Maplewood Development Between Maple Avenue and Mitchell Street", and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Town Board February 13, 2017 Pg. 7 Whereas,pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Planning Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to the project, made a positive determination of environmental significance on May 24, 2016 and required that a Draft Environmental Impact Statement(DEIS)be prepared, and subsequently accepted the DEIS as complete and adequate for public review on September 20, 2016, and accepted the Final Environmental Impact Statement on November 22, 2016, and Whereas, the Town Board, as an Involved Agency, has on December 21, 2016, adopted a Findings Statement for the Maplewood Development project, having considered the DEIS and FEIS and the relevant documents incorporated therein, and Whereas, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; now, therefore, be it Resolved,that the Town Board of the Town of Ithaca hereby adopts Local Law No. of 2017 entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone (PDZ) for the Maplewood Development Between Maple Avenue and Mitchell Street", and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Rich DePaolo Seconded: Tee-Ann Hunter Vote: Ayes—DePaolo, Hunter, Levine, Leary, Goodman,Howe and Bleiwas 6. Discuss and consider acceptance of Concept and Location of Sewer Infrastructure associated with Maplewood Project TB Resolution 2017 - 023 : Acceptance of the Concept and Locations of the Proposed Public Utilities (sewer) to be dedicated to the Town in Conjunction with the Maplewood Graduate and Professional Student Housing Redevelopment Proiect Whereas, the Town of Ithaca Planning Board, on December 20, 2016 has granted Preliminary Site Plan Approval for the proposed Maplewood Graduate and Professional Student Housing Redevelopment Project located between Maple Avenue and Mitchell Street, Town of Ithaca Tax Parcel No. 63.-2-10.2, Planned Development Zone No 15. The project involves demolishing the existing Maplewood Apartments housing complex and redeveloping the +/- 17 acre site with up to 500 residential units (studios and 1-4 bedroom units)in a mix of townhomes, stacked flats, and multi-family apartment buildings. The project will also include some small retail, new interior streets,parking areas,pedestrian facilities, open spaces, storm water facilities, and a community center. Cornell University, Owner/Applicant; EdR Trust, Applicant; Scott Whitham, Whitham Planning & Design, LLC, Agent, and Town Board February 13, 2017 Pg. ❑ Whereas, the applicant for the above-referenced project has proposed to dedicate to the Town of Ithaca the public utilities (sewer) as shown on the plans titled "Utility Plan: North" (sheet C115), "Utility Plan: Center" (sheet C116), and "Utility Plan: South (sheet C117) dated 1/24/17,prepared by T.G. Miller, P.C. Engineers and Surveyors, and a sewer easement, and Whereas, the Town of Ithaca Public Works Committee has reviewed the plans for the above-referenced improvements proposed for dedication to the Town, and have found them generally acceptable and recommended them to the Town Board for consideration, now therefore be it Resolved, that the Town of Ithaca Town Board hereby accepts the concept and locations of the above-described improvements, subject to the following conditions: 1. Written documentation from the City of Ithaca indicating approval of the location of the portion of the sewer line that will be constructed within the City right of way, and 2. That Final Site Plan Approval be granted by the Town of Ithaca Planning Board,prior to the Town Board accepting the conveyance of said improvements; and 3. That the specific surveyed locations, deeds, and abstracts showing good and marketable title for the proposed improvements and easement be submitted in a form acceptable to the Attorney for the Town, the Director of Public Works, and the Director of Planning, prior to dedication and acceptance of the improvements by the Town Board, and 4. Completion of proposed utility lines to the satisfaction of the Town of Ithaca Director of Public Works,prior to the acceptance of said improvements by the Town Board, and 5. Acceptance by the Town Board of the proposed utilities and easement to be dedicated to the Town. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes —Howe, Bleiwas, Hunter, Levine, Leary, Goodman and DePaolo 7. Discuss and consider authorization for the Town Supervisor to sign necessary easements and Stormwater Operation and Maintenance Agreements associated with the Maplewood Project TB Resolution 2017 - 024 : Authorization for Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater related easements associated with the Maplewood Graduate and Professional Student Housing Redevelopment Project Town Board February 13, 2017 Pg. ❑ Whereas the Maplewood Redevelopment Project includes stormwater management and treatment facilities which necessitates entering into an Stormwater Operation, Maintenance, and Reporting Agreement, along with stormwater easement agreements, among Cornell University, EdR Trust, and the Town of Ithaca, for the property located between Maple Avenue and Mitchell Street on tax parcel no. 63.-2-10.2, now therefore be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater easements associated with the Maplewood Graduate and Professional Student Housing Redevelopment Proj ect. Moved: Tee-Ann Hunter Seconded: Eric Levine Vote: Ayes—Hunter, Levine, Leary, DePaolo, Goodman, Howe and Bleiwas 8. Consider setting a Public hearing regarding a proposed local law "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" TB Resolution 2017 - 025: Setting a public hearing regard a proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Whereas, at its meeting on February 13,2017, the Town Board of the Town of Ithaca reviewed and discussed the proposed local law,now therefore be it Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on March 13,2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Moved: Bill Goodman Seconded: Rod Howe Vote: ayes—Goodman, Howe, Hunter, DePaolo, Leary, Bleiwas and Levine 9. Consider bond resolution for Sapsucker Woods Water Main Replacement Water Improvement Project TB Resolution 2017 - 026: Bond Resolution Authorizing the Issuance of an Additional $154,598 Bond to Pav Part of the Cost of a Water Svstem Improvement—Town of Sapsucker Woods Road Water Main Water Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 N. Tioga Street, in Ithaca, New York, in said Town, on the 13s' day of February, 2017, at 5:30 o'clock P.M., Prevailing Time. Town Board February 13, 2017 Pg. 10 The meeting was called to order by Bill Goodman, Supervisor, and upon roll being called, the following were present: Bill Goodman, Eric Levine, Rich DePaolo, Tee-Ann Hunter, Pat Leary, Rod Howe and Pamela Bleiwas. The following resolution was offered by Councilman Rod Howe, who moved its adoption, seconded by Councilwoman Tee-Ann Hunter, to-wit: BOND RESOLUTION DATED FEBRUARY 13, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $154,598 BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA SAPSUCKER WOODS ROAD WATER MAIN WATER IMPROVEMENT AREA, IN AND FOR SAID TOWN. Whereas, the capital project hereinafter described, as proposed, has been determined to be a Type 11 Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have any adverse significant effect on the environment; and Whereas, the Town Board of the Town of Ithaca, Tompkins County, New York, on April 11, 2016, duly adopted a bond resolution authorizing the issuance of $425,000 serial bonds of said Town to pay the cost of water system improvements for the Town of Ithaca Sapsucker Woods Road Water Main Water Improvement Area, consisting of the replacement of approximately 2,400 L.F. of an existing 8" water main with a new 8" water main in the same alignment on Sapsucker Woods Road, beginning in the area of the intersection of Sapsucker Woods roadlHanshaw Road and ending approximately 500 feet north of the intersection of Sapsucker Woods Road and Sanctuary Drive, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, and Whereas, it has now been determined that the maximum estimated cost of such specific object or purpose is $579,598, an increase of$154,598 over that previously authorized; and Whereas, pursuant to provisions heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an Order dated November 7, 2016, said Town Board has determined it to be in the public interest to improve the facilities of the Sapsucker Woods Road Water Main Water Improvement Area, in the Town of Ithaca, Tompkins County, New York (the "Improvement Area"), at a revised maximum estimated cost of$579,598, and Whereas, it is now desired to authorize the issuance of an additional $154,598 bonds of said Town for such specific object or purpose to pay a portion of the cost thereof, now, therefore, be it Town Board February 13, 2017 Pg. 11 Resolved, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of water system improvements for the Town of Ithaca Sapsucker Woods Road Water Main Water Improvement Area, consisting of the replacement of approximately 2,400 L.F. of an existing 8" water main with a new 8" water main in the same alignment on Sapsucker Woods Road, beginning in the area of the intersection of Sapsucker Woods road/Hanshaw Road and ending approximately 500 feet north of the intersection of Sapsucker Woods Road and Sanctuary Drive, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $154,598 bonds of the Town of Ithaca, Tompkins County, New York,pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $579,598, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is as follows: a) by the issuance of the $425,000 bonds of said Town authorized to be issued pursuant to bond resolution dated and duly adopted April 11, 2016; and b) by the issuance of the additional $154,598 bonds of said Town authorized to be issued pursuant to the provisions of this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations for said specific object or purpose. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid from monies raised from said Improvement Area as applicable in the manner provided by law, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Town Board February 13, 2017 Pg. 12 Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the dale, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, in such officer's discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies Town Board February 13, 2017 Pg. 13 are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Bill Goodman, aye; Eric Levine, aye; Rich DePaolo, aye; Tee- Ann Hunter, aye; Pat Leary, aye; Rod Howe, aye and Pamela Bleiwas, aye. The resolution was thereupon declared duly adopted. 10. Consider bond resolution for Christopher Circle Water Main Replacement Water Improvement Project TB Resolution 2017 - 027: Bond Resolution Authorizing The Issuance of an Additional $97,319 Bond to Pay Part of the Cost of a Water System Improvements —Town Of Ithaca Christopher Circle Watermain Water Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 N. Tioga Street, in Ithaca, New York, in said Town, on the 13s' day of February, 2017, at 5:30 o'clock P.M.,Prevailing Time. The meeting was called to order by Bill Goodman, Supervisor, and upon roll being called, the following were present: Bill Goodman, Eric Levine, Rich DePaolo, Tee-Ann Hunter, Pat Leary, Rod Howe and Pamela Bleiwas. The following resolution was offered by Councilman Rod Howe, who moved its adoption, seconded by Councilman Eric Levine, to-wit: BOND RESOLUTION DATED FEBRUARY 13, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $97,319 BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA CHRISTOPHER CIRCLE WATER MAIN WATER IMPROVEMENT AREA, IN AND FOR SAID TOWN. Whereas, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have any adverse significant effect on the environment; and Town Board February 13, 2017 Pg. 1 ❑ Whereas, the Town Board of the Town of Ithaca, Tompkins County, New York, on April 11, 2016, duly adopted a bond resolution authorizing the issuance of $325,000 serial bonds of said Town to pay the cost of water system improvements for the Town of Ithaca Christopher Circle Water Main Water Improvement Area, consisting of the replacement of approximately 1,300 L.F. of existing 8" water main with a new 8" water main in the same alignment on Christopher Circle from the west side of the intersection of Christopher Circle/Christopher Lane to approximately 120 feet east of the east side of the intersection of Christopher Circle/Christopher Lane, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, and Whereas, it has now been determined that the maximum estimated cost of such specific object or purpose is $422,319, an increase of$97,319 over that previously authorized; and Whereas, pursuant to provisions heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an Order dated November 7, 2016, said Town Board has determined it to be in the public interest to improve the facilities of the Christopher Circle Water Main Water Improvement Area, in the Town of Ithaca, Tompkins County, New York (the "Improvement Area'), at a revised maximum estimated cost of $422,319, and Whereas, it is now desired to authorize the issuance of an additional $97,319 bonds of said Town for such specific object or purpose to pay a portion of the cost thereof, now, therefore, be it Resolved, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Ithaca, Tompkins County,New York, as follows: Section 1. For the specific object or purpose of paying additional costs of water system improvements for the Town of Ithaca Christopher Circle Water Main Water Improvement Area, consisting of the replacement of approximately 1,300 L.F. of existing 8" water main with anew 8" water main in the same alignment on Christopher Circle from the west side of the intersection of Christopher Circle/Christopher Lane to approximately 120 feet east of the east side of the intersection of Christopher Circle/Christopher Lane, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $97,319 bonds of the Town of Ithaca, Tompkins County, New York,pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $422,319, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is as follows: a) by the issuance of the $325,000 bonds of said Town authorized to be issued pursuant to bond resolution dated and duly adopted April 11, 2016; and b) by the issuance of the additional $97,319 bonds of said Town authorized to be issued pursuant to the provisions of this bond resolution. Town Board February 13, 2017 Pg. 1 ❑ Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations for said specific object or purpose. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid from monies raised from said Improvement Area as applicable in the manner provided by law, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the dale, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, in such officer's discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or Town Board February 13, 2017 Pg. 1 ❑ purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Bill Goodman, aye; Eric Levine, aye; Rich DePaolo, aye; Tee- Ann Hunter, aye; Pat Leary, aye; Rod Howe, aye and Pamela Bleiwas, aye. The resolution was thereupon declared duly adopted. 11. Consider acceptance of the Recoding Ithaca: Zoning Review and Approach Report Mr. DePaola had a slight change to the terminology. Approved by the Board. TB Resolution 2017 - 028: Acceptance of Recoding Ithaca - Zoning Review and Approach Report for Town of Ithaca Whereas, the Town of Ithaca adopted a Comprehensive Plan in September 2014 which included numerous goals and recommendations aimed at improving the Town's land use regulations, and Whereas, in order to convey a clear understanding of the needed improvements in the Town's land use regulations and of proposed strategies for implementing the Comprehensive Town Board February 13, 2017 Pg. 17 Plan's directives, the Planning Department prepared the Zoning Review and Approach Report, a document that analyzes the Town's existing land use regulations and procedures, describes their attributes related to the Plan's goals, and provides recommended implementation solutions and strategies, and Whereas, the Zoning Review and Approach Report is organized around several broad areas of proposed changes, including making land use regulations easier to understand and apply, with clearer language, tables and illustrations; introducing new planning and zoning tools such as form-based code and traditional neighborhood development and;improving and clarifying procedures and administrative aspects associated with development review, and Whereas, the Planning Committee reviewed and discussed the Zoning Review and Approach Report and provided detailed comments and edits during numerous meetings in 2016, concluding their review on October 20, 2016, at which time they recommended the revised report be forwarded to the Town Board for consideration of acceptance, and Whereas,the Town Board discussed the report at a special meeting held on October 25, 2016 and discussed the Planning Committee's recommended revised report at their meeting on January 23, 2017 and found it to be acceptable, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby accepts the Zoning Review and Approach Report as finalized at the January 23, 2017 meeting. Moved: Rich DePaolo Seconded: Eric Levine Vote: Ayes—DePaolo, Levine, Leary,Hunter, Howe, Goodman and Bleiwas 12. Discuss and consider authorization to apply for the NYSDEC 2016 Urban and Community Forestry Grant Program TB Resolution 2017 — 029: Authorization to Apply for Funding through the New York State Department of Environmental Conservation's 2016 Urban and Community Forestry Grant Program to Develop a Community Forest Management Plan Whereas, the New York State Department of Environmental Conservation (NYSDEC) has announced the availability of funding under the 2016 Urban and Community Forestry Grant Program, which includes a category for Community Forest Management Plans, and Whereas, the maximum assistance allowed toward the cost of the project is $50,000 for Community Grants, with Community Forest Management Plans not requiring any local match, and Whereas, the Town of Ithaca Conservation Board, on February 2, 2017, expressed their support for this grant application and the Community Forest Management Plan project as an important step to promote the long term health of the Town's trees; and Town Board February 13, 2017 Pg. 1 ❑ Whereas, the Town estimates the total cost to be $50,000 to develop a Community Forest Management Plan, outlined further in the application for this Community Forest management Plan; and Whereas, grant applications are due by March 1, 2017; now, therefore, be it Resolved, that William Goodman, as Supervisor of the Town of Ithaca, is hereby authorized and directed to file an application for a Community Forest Management Plan under NYSDEC's 2016 Urban and Community Forestry Grant Program in an amount not to exceed $50,000, and upon approval of said request to enter into and execute a project agreement the NYSDEC for such financial assistance to the Town of Ithaca for a Community Forest Management Plan. Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Hunter, Howe, Levine, Leary, DePaolo, Bleiwas and Goodman 13. Report of Town Officials Mr. Goodman reported on the settlement agreement reached with the Badger Corporation and the authorization to sign it will be at the next meeting. Executive Session Mr. Goodman moved to enter executive session to discuss the history of a particular employee; seconded by Mr. DePaolo,unanimous. 6:47 p.m. Mr. Howe reported that the Economic Development Committee interviewed three consultants and they have asked for a full proposal form one which will come to the Town Board in March hopefully. Mr. Goodman moved to reenter open session at 7:00 p.m., seconded by Ms. Leary, unanimous. 14. Consider Consent Agenda TB Resolution 2017 - 030: 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 of January 23rd and February 2nd b. Approval of Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of Laborer—Thomas e. Approval of revised job description—Senior Code Enforcement Officer f. Provisional appointment of a Senior Code Enforcement Officer—Mosely g. Provisional appointment of an Electrical and Code Enforcement Officer—Stonier h. Recommendation to Tompkins County for EMC member—Micic Town Board February 13, 2017 Pg. 1 ❑ Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: ayes —Hunter, Bleiwas, Howe, Levine, Leary Goodman and DePaolo TB Resolution 2017 - 030a: Approval of Minutes of January 23`d and February 2°d Whereas, the draft Minutes of the January 23 d and February 2nd meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved, that the Town Board hereby approves the submitted minutes as the final minutes of the meetings on January 23rd and February 2nd , 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 030b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 108 - 194 General Fund Townwide 133,091.42 General Fund Part-Town 7,197.05 Highway Fund Part-Town 203,044.15 Water Fund 60,527.37 Sewer Fund 36,124.82 Fire Protection Fund 44,296.40 Forest Home Lighting District 187.71 Glenside Lighting District 65.91 Renwick Heights Lighting District 76.86 Eastwood Commons Lighting District 166.47 Clover Lane Lighting District 19.53 Winner's Circle Lighting District 63.11 Burleigh Drive Lighting District 66.31 West Haven Road Lighting District 203.38 Coddington Road Lighting District 121.09 Trust and Agency 258.50 TOTAL 485,510.08 TB Resolution 2017-030: Bolton Point Abstract Town Board February 13, 2017 Pg. 20 Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing 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. Voucher Numbers: 9-63 Check Numbers: 16936-16990 Capital Impr/Repl Project $ 1,252.50 Operating Fund $ 90,266.97 TOTAL $ 91,519.47 Less Prepaid s 32,,N_63.00 TOTAL $ 59,056.47 TB Resolution 2017—030d: Ratification of Highway Superintendent's Appointment of Laborer Whereas, there is a vacancy in the full time position of Laborer for the Public Works Department; and Whereas, the Interview Committee interviewed five candidates from an open recruitment; and Whereas, the Committee has determined that Dustin Thomas possesses the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and Whereas, Jim Weber, Highway Superintendent/Director of Public Works, appointed Dustin Thomas as Laborer, effective January 30, 2017; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Highway Superintendent/Director of Public Works, of Dustin Thomas as Laborer, effective January 30, 2017; and be it further Resolved, this is a 40 hours a week positions, at the hourly wage of$18.88, which is an estimated annual salary of$39,270 from Public Works account numbers, in Job Classification "I", with full time benefits; and be it further Resolved, a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Highway Superintendent/Director of Public Works. Town Board February 13, 2017 Pg. 21 TB Resolution 2017- 030e: Approval of Revisions to Job Description — Senior Code Enforcement Officer Whereas, the Code Enforcement Hiring Committee reviewed revisions to the Senior Code Enforcement Officer Job description to update and better describe the duties of the position; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the submitted revised job description for the Senior Code Enforcement Officer position. TB Resolution 2017—030 f: Provisional Appointment of Senior Code Enforcement Officer Whereas, due to the Maplewood project the 2017 budget includes tilling an additional Code Enforcement position at full time 40 hours per week; and Whereas, the Director of Code Enforcement, Town Supervisor and Human Resources Manager interviewed 7 candidates from the open recruitment for the position; and Whereas,this would be a provisional appointment that requires the appointee to be one of the top three reachable candidates from the next civil service exam for the said position; and Whereas, the committee has determined that Martin Moseley possesses the necessary knowledge and skills to satisfactorily perform the duties of the position and recommend appointment effective March 6, 2017; now, therefore be it Resolved,the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Martin Moseley as Senior Code Enforcement Officer, effective March 6,2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$32.41, which is an estimated annual salary of$67,413, from account number B8010.100, in Job Classification "I"', with full time benefits; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for this position. TB Resolution 2017—030g: Provisional Appointment of Electrical& Code Enforcement Officer Whereas, due to the Maplewood project the 2017 budget includes tilling an additional Code Enforcement position at full time 40 hours per week; and Whereas, the Director of Code Enforcement, Town Supervisor and Human Resources Manager interviewed 7 candidates from the open recruitment for the position; and Town Board February 13, 2017 Pg. 22 Whereas, this would be a provisional appointment that requires the appointee to be one of the top three reachable candidates from the next civil service exam for the said position; and Whereas, the committee has determined that Mark Stonier possesses the necessary knowledge and skills to satisfactorily perform the duties of the position and recommend appointment effective February 27, 2017; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Mark Stonier as Electrical & Code Enforcement Officer, effective February 27, 2017; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$29.30, which is an estimated annual salary of$60,944, from account number B8010.100, in Job Classification "E", with full time benefits; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for this position. TB Resolution 2017 - 030 h: Recommendation to Tompkins County Legislature for Re- Appointment to the Environmental Management Council—Vladimir Micic Be it resolved, that the Town Board of the Town of Ithaca hereby recommends and requests that the Tompkins County Legislature re-appoint Vladimir Micic for the term January 1, 2017 through December 31, 2018 to serve as a Town of Ithaca Conservation Board Representative on the Tompkins County Environmental Management Council. 15. Review of Correspondence Ms. Hunter asked for an update on the South Hill Trail in response to the considerable correspondence. Mr. Goodman stated that there is a meeting on February 27th and he will report at the meeting but it does seem like the neighbors opposed to this are gathering themselves together and it will depend on what the Town of Caroline is going to do in great part. Ms. Hunter reiterated the invitation to the Community Garden dinner on Saturday. 16. Consider Adjournment Meeting adjourned upon a motion and a second. Submitted by Paulette Rosa, Town Clerk Town Board February 13, 2017 Pg. 23 Meeting of the Ithaca Town Board Monday, February 27, 2017 at 4:30 p.m. Draft Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary (5:00 p.m.) Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Judy Drake, Director of Human Resources; and Paulette Rosa, Town Clerk 1. Call to Order—Meeting called to order at 4:32 p.m. 2. Maplewood monthly update—Mr. Goodman reported that the SWPPP has been submitted and found acceptable by the Town Engineer and a special Planning Board meeting has been called for tomorrow to consider final site plan approval. Building permits have been submitted and Codes have begun their review. A meeting on the water tank issue was held today with Bolton Point and the other stakeholders. A temporary water supply may be needed and different scenarios for both drawing up the plans and paying for those services are continuing. The issue is timing and Bolton Point would have to agree to allow the temporary process because it would affect operations by tapping into a transmission main. 3. Discuss and consider authorization for the Supervisor to sign an agreement for traffic calming monetary contribution associated with Maplewood project Ms. Ritter noted that these mitigations are required through the Planning Board process and exact details won't be known until further in the development of the project and the City of Ithaca might be doing most of the design and work on these. TB Resolution 2017 - 031: Authorization for Supervisor to sign an Agreement with EdR Trust for the Town to hold in escrow a $30,0000 financial contribution for installation of traffic calming measures associated with the Maplewood Graduate and Professional Student Housing Redevelopment Proiect Whereas, approval of the Maplewood Graduate and Professional Student Housing Redevelopment Project was granted conditionally upon, among other things, submission of a financial contribution of$30,000 towards the installation of traffic calming measures on the 700 block of Mitchell Street and other areas determined by the Town, and the installation of signage on Mitchell Street to alert motorist of the need for reduced speed entering the Maplewood project area, and TB 2017[02[27 Page 1 o19 Whereas, the contribution is subject to an agreement between the Town of Ithaca and EdR Trust specifying that the contribution will be held by the Town in escrow, that funds will be used as specified in the SEQR and site plan approval process, and other terms and conditions, now, therefore, be it Resolved, that the Town Board does hereby authorize the Town Supervisor to sign the agreement with EdR Trust for the Town to hold in escrow a$30,000 financial contribution for installation of traffic calming measures associated with the Maplewood Graduate and Professional Student Housing Redevelopment Project, subject to the approval of the Town Attorney. Moved: Bill Goodman Seconded: Pamela Bleiwas Vote: Ayes Goodman, Bleiwas, Hunter, Levine, Leary and Howe 4. Continue discussion regarding short-term rentals such as Air B&Bs Mr. Goodman asked for any comments from the Association of Towns presentation on this. Ms. Bleiwas said that it was not quite on point with where the Town is going; the presenter, Brody Smith, talked about strategies on how neighbors can basically sue each other to combat non-owner rentals. She said her takeaway is that we really should have a law because this is happening all over and we need to make sure our residents don't have to resort to that. It is not necessarily a bad thing if we can set the policy and protect both the person renting the rooms and the neighbors. Mr. DePaolo added that the presenter highlighted the definitions of single-family residence, family and transient occupancy for what to use in a lawsuit and several areas of law that seemed to say that less than a 30 day stay is a short-term rental and there are multiple sections of law and some case law saying that. Mr. DePaolo asked Mr. Smith what the penalty was and he said $350 but he said zoning could be zone specific and the easiest way to determine whether a house is being used against code is to set up a scam by renting the house; Mr. DePaolo thought that was a little extreme but there are some possibilities out there to draft something that is defensible as long as we keep our definitions in line with existing cases. Discussion followed on where the Board wanted to go with this; owner-occupied, by zone, a mixture. Mr. Goodman stated that he doesn't really care until there is a problem and Mr. DePaolo stated that it is not fair to have someone able to essentially run a business by buying up property and renting it out like a B&B without going through the rules and regulations a legitimate B&B goes through along with the associated taxes and fees a legitimate short-term rental provider pays. Ms. Bleiwas added that this is not limited to Air B&B but however the listing or rental is garnered, it is the rental itself we need to regulate. TB 2017[02[27 Page 2 o19 The legal process that the Town has encountered was detailed and many times by the time it gets to court, the "rental"is over and the case is dismissed without penalty. Enforcement is a significant problem both in the time consumed and the way perpetrators can get around it. Mr. Goodman added that some other municipalities may not have the added problem of graduation weekends that are common here and Mr. DePaolo stated that how would one track that and it would be a nightmare for staff. Discussion continued on with Ms. Bleiwas saying that if one does a search on Air B&B there are dozens in the Town so if everyone is doing this illegally, we need to figure out if we want it to continue to be illegal or how we want to regulate it because otherwise, we are arbitrarily enforcing the rules. She thought it should go to a committee to hash out the policy parameters. Mr. Levine stated that he thought we should allow Air B&B type short term rentals for owner- occupied primary residences because the implication is that a person has one primary residence and wouldn't start running a hotel business there. If it isn't your primary residence, you shouldn't be allowed to have short-term rentals because there are other options to earn income on additional properties. Mr. DePaolo stated that he would like to continue looking at this through the Planning Committee and then forward something to Code and Ordinances when we reach that point. Ms. Hunter thought it would be a very good idea to solicit information and input from those who do this right now and we should also talk to the County about the taxes collected on Air B&Bs. Mr. Bates said he asked that and the taxes have to go toward tourism only. 5. Discuss and consider adoption of Domestic Violence and the Workplace policy and revised Violence in the Workplace Prevention policy and procedures Ms. Drake gave an overview of policies and noted that we are having training for all staff this month on them. The Domestic Violence in the workplace follows our resolution supporting victims of domestic violence being a protected class and we are required to have them and do periodic trainings on them. The review process also helped us develop an incident reporting form which we have already. We have more concerns with external incidents than internal. Ms. Bleiwas added that many people have reviewed this through the ERC and P&O Committees as well as Bolton Point and there were a lot of good comments and suggestions throughout the process. Mr. DePaolo had a few changes, especially some wording under the management responsibilities section regarding how someone is taken off the property. Mr. DePaolo thought"will be removed"implies that an employee can or will remove an employee or person. After much discussion, the wording was changed to "should be removed"because this is under the management responsibilities and guides them to have the person removed using their best judgement based on the training and the situation at hand. TB 2017[02027 Page 3 o19 TB Resolution 2017-032: Adoption of Domestic Violence and the Workplace Policy and Revised Workplace Violence Prevention Policy and Procedures Whereas, the Personnel & Organization Committee has reviewed the Domestic Violence and the Workplace Policy and the revised Workplace Violence Prevention Policy and Procedures as the policies needed updating to include new requirements; and Whereas, the Personnel & Organization Committee has reviewed and recommends the Domestic Violence and the Workplace Policy and the revised Workplace Violence Prevention Policy and Procedures; therefore, be it Resolved, the Town Board of the Town of Ithaca hereby approves of the recommended the Domestic Violence and the Workplace Policy and the revised Workplace Violence Prevention Policy and Procedures; and be it Resolved, the Human Resources Manager is directed to update the policy in the Personnel Manual and Safety Manual. Moved: Pamela Bleiwas Seconded: Rod Howe Vote: Ayes—Bleiwas, Howe, Levine, Goodman, DePaolo and Hunter 6. Consider award of bid for the Christopher Circle Water Main Replacement Project TB Resolution 2017 - 033: Authorization to Award Contract for Construction of the Town of Ithaca Christopher Circle Water Main Replacement Water Improvement Proiect Whereas on February 17, 2017, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Christopher Circle Water Main Replacement Water Improvement(the "Improvement'), for the replacement of 1,300 feet of existing ductile iron main with new 8"water main made of Polywrapped Ductile Iron pipe, new valves, hydrant connections and related ancillary facilities, and Whereas the Director of Public Works has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of$359,807.00 for the total project was made by the lowest responsible bidder, R. B. Robinson Contracting, Inc. PO Box 121, 535 Ithaca Road, Candor, NY 13743, and Whereas at the November 7, 2016 Town Board meeting, the Town Board adopted a Public Interest Order (Resolution No. 2016-152) authorizing the maximum amount of $422,319.00 be expended by the Town of Ithaca for this Improvement, now therefore be it Resolved that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Christopher Circle Water Main Replacement Water Improvement project to R. B. Robinson Contracting, Inc., subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, and be it further TB 2017[02[27 Page 4 o19 Resolved that the Town Supervisor is authorized to execute such contract upon such approval; and be it further Resolved that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $35,980.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project, and be it further Resolved that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions, and transfer $359,807.00 bid amount plus a $35,980 contingency to the construction account, and $6,400 for ancillary project costs for a total capital project fund budget of$402,187.00. Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Howe, Hunter, DePaolo, Levine, Leary, Goodman and Bleiwas 7. Consider award of bid for the Sapsucker Woods Water Main Replacement Project TB Resolution 2017-034: Authorization to Award Contract for Construction of the Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement Project Whereas on February 17, 2017, the Town of Ithaca Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement(the "Improvement'), for the replacement of 2,400 feet of existing ductile iron main with new 8"water main made of Polywrapped Ductile Iron pipe, new valves, hydrant connections and related ancillary facilities, and Whereas the Director of Public Works has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of$454,665.00 for the total project was made by the lowest responsible bidder, D. E. Tarolli, Inc., 6602 Herman Road, Warners, NY 13164, and Whereas at the November 7, 2016 Town Board meeting, the Town Board adopted a Public Interest Order (Resolution No. 2016-151) authorizing the maximum amount of$579,578 to be expended by the Town of Ithaca for this Improvement, now therefore be it Resolved that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement project to D. E. Tarolli, Inc., subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, and be it further TB 2017[02[27 Page 5 o19 Resolved that the Town Supervisor is authorized to execute such contract upon such approval; and be it further Resolved that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $45,466.00 without prior authorization of this Board, and provided further that the total project cost, including the contract, engineering, legal and other expenses does not exceed the maximum authorized cost of the project, and be it further Resolved that the Town Finance Officer is directed and authorized to record all necessary and appropriate budgetary and cash transactions, and transfer $454,665.00 bid amount plus a $45,466.00 contingency to the construction account, and $8,700 for ancillary project costs for a total capital project fund budget of$508,831.00. Moved: Tee-Ann Hunter Seconded: Eric Levine Vote: Ayes—Hunter, Levine, DePaolo, Bleiwas, Leary, Goodman and Howe 8. Consider Consent Agenda items TB Resolution 2017 - 035: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 195 - 250 General Fund Townwide 33,656.21 General Fund Part-Town 9,077.26 Highway Fund Part-Town 14,666.38 Water Fund 8,900.68 Sewer Fund 19,864.62 Risk Retention Fund 81.00 Forest Home Lighting District 184.16 Glenside Lighting District 65.02 Renwick Heights Lighting District 75.44 Eastwood Commons Lighting District 165.10 Clover Lane Lighting District 19.26 Winner's Circle Lighting District 63.31 TB 2017[02[27 Page 6 o19 Burleigh Drive Lighting District 65.39 West Haven Road Lighting District 199.79 Coddington Road Lighting District 118.98 TOTAL 87,202.60 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes—Howe, Hunter, Leary, Levine, Goodman, DePaolo and Bleiwas 9. Annual Reports of Town Management Team Mr. Goodman noted that there were some submitted but some members are absent and he moved the topic to the next meeting. 10. Committee Reports a. COC—Mr. Goodman reported that the committee is now meeting quarterly which and he would like to finalize the sign and mural laws at the April meeting and will be touching base with those board members who had questions and comments last time they were discussed. b. P&O —Ms. Bleiwas Pam—P&O didn't meet in February but ERC did and discussed the recent employee survey results. We were no worse than neutral on any given question and had a 97%return rate. We will continue to look at the results in different configurations and brainstorm about ways to improve. c. Planning— Mr. DePaolo reported that the committee looked at the drive-thru criteria for East Hill's Neighborhood Commercial zone and agreed that we wanted to allow for restaurant drive-thrus under certain conditions in that zone and staff will present a draft at the next meeting. He stated that the committee also looked at accessory apartment and draft language and the big takeaway is that we already have a provision in our building code that requires operating permits for certain uses which would allow periodic inspections and the types of things we would want to see in an oversight environment and may help streamline what we would like to do. d. Public Works—Mr. Howe reported that the committee didn't meet and the next meeting is canceled. e. Budget—Mr. Levine reported that they had Jay Franklin from County Assessment as a guest who talked about the infrastructure exemption which the Town can adopt and would allow developers to apply for an exemption from being taxes on an increase in assessment based on the installation of infrastructure on a subdivision. It is a three year exemption that is voided if the property is sold. So if a developer subdivides a property and install a sewer and roads and whatever else, that would increase the value of the land but they would not be taxed on that increased value until either the three years expires or as each parcel is sold those would be full taxable value. This would only be the Town tax, not County, School or Fire taxes. Mr. Levine stated that the committee felt inclined to allow this because we wouldn't be losing any money since the vacant unimproved land is the current taxable and it would encourage development potentially. TB 2017[02[27 Page 7 o19 Ms. Hunter asked if the infrastructure was something that would be turned over to us and therefore we would be incurring costs there. Mr. Goodman didn't think the State law differentiates from the two. Discussion followed using the example of the Holochuck project and why this would be a good thing if we were accepting the infrastructure and the associated costs. Mr. Goodman thought it was not a significant amount, given that the Town tax is a small portion of the overall taxes paid. Dryden is the only municipality he is aware of that has passed this. The question is if there is interest in pursuing this and Ms. Leary said it sounded good to her as a way to encourage development and affordable housing, especially given the closed period it has. The rest of the Board was interested in pursuing the exemption and Mr. Goodman will draft the legislation. Mr. Levine continued with the report of the committee and stated that they also discussed changing the way we tax for highway expenditures. About nine years ago we did not have a separate highway tax, it was taxed on a town-wide basis through the General Fund and mostly funded by the sales tax, then around 2008 we established a Highway Tax because the sales tax revenue was not enough to cover the highway costs and in order to raise more money and to show residents where that extra money was going to, we established the Highway Tax line item on the tax bill. The problem is that excluded the Village of Cayuga Heights because it is a part- town tax. Mr. Solvig has found that the correct way to do it when you have a village is that some of the highway expenses should be part-time but some should be on a town-wide basis; maintenance of roads should be on a part-time basis such as building roads outside of the village, but they should be paying for snow removal, including machinery and employee benefits associated with that. Mr. Solvig determined that that was about 23% of the expenses of Highway excluding capital projects. The idea is to tax 23% less on Highway in the part-town wide fund and get that from the General Fund which would mean that the Village of Cayuga Heights would be paying some of that. The effect would be that it would lower outside-the-village tax bill by about$13.62 and raise the tax of the village property by $58,partly because of the Village's higher assessed values. Ms. Leary asked for the comparison using the same assessed value instead of what the average assessed value is in each location given their disparity. Mr. Levine will ask Mr. Solvig for that number. Sidewalk Committee—Mr. Goodman reported that the committee had sketched out the Forest Home area has been sketched out and he showed a map detailing the area. If a sidewalk district were to be created, the frontages would be about 50150 Cornell and town properties which would mean Cornell would end up paying for half of it. The Committee also talked about an expanded district on each hill but those discussions and research will continue and wait for more details to bring to the board. Mr. DePaolo stated that it has occurred to him that the cost of putting in a sidewalk is based on linear foot so the cost would be proportionately greater to some that have lower assessed value. People who own real estate or frontage on West Hill probably have greater frontage because it costs less there than say in Forest Home so the burden is not equal. Mr. Goodman stated that the City has a flat charge for a residential lot and higher for commercial lots. The other factor is whether the town would cover some of the costs also. TB 2017[02[27 Page 8 o19 Mr. Goodman added that the next area to look at would be the Route 96B corridor if we do not get the grant we have applied for. Economic Development Committee—Mr. Howe reported that the committee is reviewing the scope of services submitted by the firm selected and more details to follow. 11. Review of Correspondence— Mr. Goodman reported that a zoning issue has come up through the Zoning and Planning Board processes regarding older barns not being allowed alone on subdivided properties. There was one subdivision last week and other next month that will result in stand-alone barns and the suggestion is to change the zoning code to allow pre-existing structures older than 50 years to be a principal use on parcels in the Low Density Residential and Conservation Zones when that occurs due to a subdivision. There is a time issue here to move this forward quickly and he asked board members to try and think of any unintended consequences and let him know as soon as possible since the hope is to hold the public hearing at the March meeting and pass the law. This would not allow people to build a barn or storage structure before the house, but would not force people to tear down existing older bams or structures. Ms. Brock will also add verbiage to not allow commercial storage when this happens. Mr. DePaolo was concerned about the age of 50 years being labeled "historic" and Ms. Ritter responded that our Historic Inventory uses that timeframe. She also added that these parcels are going through the subdivision process and review so some unintended consequences will be looked at through that process as some form of protection. Mr. DePaolo asked if it was proposed at town-wide or just certain zones and after some discussion it was suggested that it would be in Ag, Conservation and Low Density where these bigger parcels are likely to be. Mr. Goodman moved to enter Executive Session at 6:38 p.m. to discuss the acquisition of property where disclosure could affect the price, seconded by Mr. DePaolo, unanimous. Ms. Leary moved to reenter open session at 6:47 p.m., unanimous. 12. Adjournment—Ms. Hunter moved to adjourn at 6:48 p.m., seconded by Ms. Bleiwas, unanimous. Submitted by Paulette Rosa, Town Clerk TB 2017[02027 Page 9 o19