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HomeMy WebLinkAboutTB Packet 2019-09-23 Meeting of the Ithaca Town Board Monday, September 23, 2019 at 4:30 p.m. Agenda 1. Laserfische presentation a. Consider additional disposition list 2. Discuss Green New Deal —Nick Goldsmith 3. Presentation and discussion of Forest Home Walkway options 4. Discuss and consider approval for the supervisor to sign an agreement with Behan Planning and Design for new zoning and design standards for the Inlet Valley/Elmira Road corridor 5. Discuss and consider setting a PH for a draft local law adding Landscaping Service Provider and Tree-Care Service Provider provisions to Chapter 270, Zoning, of the Town or Ithaca Code 6. Discuss and consider authorization for the Town Supervisor to sign an amendment to the Agreement with HOLT Architects to revise and produce bid document for the Public Works Facility Renovation Project and go to bid 7. Discuss and consider approval of purchase of two vehicles and amend the 2019 General Part-Town Fund budget 8. Acknowledge receipt of the SCLIWC (Bolton Point)Independent Audit for 2018 9. Discuss and consider authorization for the abandonment of a section of Town Road— Winston Court, subject to permissive referendum 10. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 11. Report of Town Officials 12. Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Ratify promotional appointment of HEO —Munson 13. Adjourn Agc:ncl,i Item MEETING OF THE ITHACA TOWN BOARD Monday, September 23, 2019 TB Resolution 2019 - : Approval of disposition of hard copies of digitized records Whereas the Town Board adopted a revised Records Management Policy on November 7, 2016 declaring the digital document of a record the Official Town Record, and Whereas many record series have subsequently been digitized by being scanned and archived on the Laserfische program, and Whereas Local Government Records Law, Article S7-A, Arts & Cultural Affairs Law §57.29 Reproduction ofrecords and disposition ofthe originals states "Any local officer may reproduce any record in his custody by microphotography or other means that accurately and completely reproduces all the information in the record. Such official may then dispose of the original record even though it has not met the prescribed minimum legal retention period,provided that the process for reproduction and the provisions made for preserving and examining the copy meet requirements established by the commissioner of education. Such copy shall be deemed to be an original record for all purposes, including introduction as evidence in proceedings before all courts and administrative agencies.", and Whereas the Laserfische program meets all State guidelines for the digitizing of records, and Whereas the hard copies of these digital records remain in storage at Town Hall, and Whereas the Records Management Advisory Board met in July 2019 and recommended to the Town Board that after review by the appropriate Department Head, for example; building permits —Director of Codes,planning projects—Director of Planning etc., that any post-1950 hard copy back-up documents of the official record be disposed of as they are digitized, and Whereas the Town Board approved a partial disposition of documents at its August 12, 2019 meeting, and Whereas the Town Clerk presented the Laserfische program on September 23, 2019 illustrating its clarity and effectiveness in indexing and searchability, now therefore be it Resolved that the Town Board hereby approves of the disposition of post-1950 paper records as they become digitized after said review and approval by the Department Head. Moved: Seconded: Vote: ayes — Town of Ithaca Town Clerks' Department Records Management Procedure—Digitization Background The Town of Ithaca has adopted a Records Management Policy declaring the digital copy of a record the Official Town Record. The Town utilizes the Tompkins County Shared Services program with Laserfische, which has been accredited at the State and Federal level as adhering to all necessary guidelines for digital records retention. Procedure The Town Clerk as Records Management Officer (RMO)will assist each department in the development of their digital repository for the records supervised and generally used by each. Each record or record series will be evaluated,purged and scanned in-house or with a certified company providing such services. Each series digitized will be reviewed for accuracy by random selection of at least 10% of scanned records. Documents digitized by a contractor shall be reviewed by inhouse staff in addition to the protocols for quality control conducted by said contractor,prior to disposition. Each series after digitization and review by the appropriate Department Head and RMO shall be listed by the RMO and shredded or disposed of properly. 2019-09-19 1113artop.. ]-ogtiid ice September 13, 2019 Jim Weber, Highway Superintendent Town of Ithaca Public Works Facility 114 Seven Mile Dr. Ithaca, NY 14850 Re: Town of Ithaca— Forest Home Walkway Improvements Project Subj: Draft Concept Plans and Estimates of Probable Cost File: 2071.002.001 Dear Mr. Weber: Barton & Loguidice, D.P.C. (B&L) has prepared the attached Draft Concept Plans and Estimates of Probable Cost for the Forest Home Walkway Improvements Project.The following is a summary: • Concept A—Walkway improvements depicted on the existing alignment • Concept B—Walkway improvements and proposed alignment fully centered within the existing approximately 10-foot wide Town parcel • Concept C—Walkway improvements and proposed alignment depicted as a hybrid of concepts A and B • Concept D—Walkway improvements primarily depicted on the existing alignment,with the lower portion straightened up to accommodate a shallow drainage swale within the existing Town parcel limits. Concrete block steps are presented in this concept, however can be eliminated and substituted for the cost of a different material surface if so desired. Concepts A through C remain as originally presented and discussed at the Public Works Committee Meeting on August 201h for your reference in the upcoming presentation to the Town Board for their consideration. Concept D was developed as the proposed most feasible alternative that we believe achieves the goals of the Town to improve the walkability and stability of the Forest Home Walkway. The Estimate of Probable Cost provides a base cost developed from the surface materials shown in Concept D (stone dust walkway with concrete steps and sections of timber railing), however alternate surface material and railing options are provided at the bottom of the estimate for consideration, as discussed. Additionally, in response to the concern raised over the cost of the metal pipe railing,we have provided a unit cost based on recent bid prices we have received on other types of similar projects in upstate New York. However,we are also currently in contact with a railing manufacturer to determine if there is a The ti-°Xpe Rencle,[o . listen "s"F I�r rr<:arr�r F e;rE tnr�;y, n�!�rararal N .1"r08B� C'7 �r���°315457 5�00 a k 3154510052� Her rarr�;r�����.ra�p�r���r��!�.r��ra�rr�r K..dq�w�power��. � &L more a ccu rate cost factor forth is pa,rticularconstruiction a pplication and gain a better estimate for your use. lf so, this cost will, be updated in the final version of the estimate prior to the presentation to the Town Board, Upon review of the concepts and estimates, please feel free to contact us with any questi�ns. Sincerely, Keith F. Ewald, RLA, AICP Managing Landscape Architect AAM/kfe Attachments a'x w� m m W U m mmmmmm mC� mmo W c) �a p a 'fi' y' rp 64 Sly W p V � � G O G'' �� � J✓� ((��� ter_ n� f 0 _ b0 f115 � � / p ..... i / ba L68 .. .f;9 s�s Ot, w� 1 m, ¢ �� � g„ 16 48'9 W uul�uuuuuuw� pm �y„ I q MR Ill N Z ��� ,y✓I����/<��/ ��� �... } � 11111111111 `'w� ty, w�Y� 00 pqHim BE ✓if � � ��O �✓ z I; �,"� 199ra o I n0"rrs OskMR MEN a 8 m,��,��ra,mmmmm�,mmm,�m�,mmmm Prepared by: AAM Date: 9/12/2019 Checked by: Date: o� � '' i . " .* Town of Ithaca Forest Home Walkway Improvements Estimate of Probable Cost Concept A -Im rovements on Existina Alianment Item Description Unit Quantity Unit Price Total 1 Clearing and Grubbing LS 1 $ 1,500.00 $ 1,500.00 2 5'-0" wide Stone Dust Walkway' LF 430 $ 36.00 $ 15,480.00 Excavation, Subbase, Surface Redi-Rock Concrete Steps 3 (Excavation, Subbase, Steps) LF 135 $ 218.00 $ 29,430.00 4 Pipe Railing LF 535 $ 175.00 $ 93,625.00 5 Bicycle Dismount Signage EA 2 $ 250.00 $ 500.00 6 Drainage Improvements3 LS 1 $ 12,025.00 $ 12,025.00 7 Landscape Improvements LF 1 $ 3,750.00 $ 3,750.00 Construction Subtotal $ 156,310.00 Contingency (20%) $ 31,262.00 y Work Zone Traffic Control (7%) $ 10,941.70 E Survey Operations (2%) $ 3,126.20 Mobilization (4%) $ 6,252.40 Total $ 207,900.00 'Alternate Walkway Surface Options: Asphalt=$42/1-F, Concrete (Exposed Aggregate) _$78/1-F, Grass Pavers= $101/1-F 2Alternate Railing Option:Timber Railing=$100/1-F 3Drainage Improvements include : Cleaning, Grading, & Reshaping of Ex. Channels, Cleaning Ex. Culverts, Inlet/Outlet Protection, New Drainage Culvert, Granite Curb along Warren Rd 4Landscape Improvements include:Topsoil and Turf Restoration along Walkway, Landscape Plantings at Trailheads r O¢f C9 � a�mw 0 Lr Qt`� mila m ;m o oz- 16 ...� ........................... .....—� .. 90 esa 991,69q JQ 00988 a e 0 �� yQi`r r orl% w 00 t N{ ollm@mmmm �— ��� ,l WPM ON z Illo�llllllllll�i� m � p �V, ������ t%� � %jl� � I �o z �� ro Q4� � � ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��/� �Y t �/!4 i /��F m�Z p..�w✓v7 �C9999 ua I�. LU z ------------ s t wag �� o r P5G �� muullllllll t Zoo/ pLE.4sawT ctzvnr8 „w a �w Z p 8 1 o�.p�'U Prepared by: AAM Date: 9/12/2019 Checked by: Date: o� � '' i . " .* Town of Ithaca Forest Home Walkway Improvements Estimate of Probable Cost Conce t 8 -Alignment within Parcel Item Description Unit Quantity Unit Price Total 1 Clearing and Grubbing LS 1 $ 5,000.00 $ 5,000.00 2 5'-0" wide Stone Dust Walkway' LF 400 $ 36.00 $ 14,400.00 Excavation, Subbase, Surface Redi-Rock Concrete Steps 3 (Excavation, Subbase, Steps) LF 180 $ 218.00 $ 39,240.00 4 Pipe Railing LF 555 $ 175.00 $ 97,125.00 5 Bicycle Dismount Signage EA 2 $ 250.00 $ 500.00 6 Drainage Improvements3 LS 1 $ 12,025.00 $ 12,025.00 7 Landscape Improvements4 LS 1 $ 3,750.00 $ 3,750.00 8 Gravity Block Retaining Wall LF 125 $ 1,000.00 $ 125,000.00 9 Tree Removal EA 20 $ 600.00 $ 12,000.00 Construction Subtotal $ 309,040.00 Contingency (20%) $ 61,808.00 Work Zone Traffic Control (7%) $ 21,632.80 uuuuuuuuuuuuuuuuuuuuuuuuuumuuuuumuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuuuuuuuuuuuuuVlll Survey Operations (2%) $ 6,180.80 Mobilization (4%) $ 12,361.60 Tota 1 $ 411,100.00 'Alternate Walkway Surface Options: Asphalt=$42/1-F, Concrete (Exposed Aggregate) _$78/1-F, Grass Pavers= $101/1-F 2Alternate Railing Option:Timber Railing=$100/1-F 3Drainage Improvements include : Cleaning, Grading, & Reshaping of Ex. Channels, Cleaning Ex. Culverts, Inlet/Outlet Protection, New Drainage Culvert, Granite Curb along Warren Rd 4Landscape Improvements include:Topsoil and Turf Restoration along Walkway, Landscape Plantings at Trailheads _ P� M o o'W, w� �{Y6 url4. "r"bm' s- h 5� iK m`ww rFa vow mmm mm � gg W m zn�le g a Iv LOU b7 S16 N �t © }Q �� � ! �� Illllllllllll�llluuuuiill °_ ' � W o � s a= � Zt Ses �,t /% z�� '°s. 15.118 H �mmi / OCD Z ylllllll °CEW � � �IIIIIIIIIIIIIIIIIIIIIIIIIIIIII .. �r / ✓L I �.! J� � L` zoo ao 146 0. 1 � um� Z w? u z u DVIU 3 .r, 6llir /i� i �i, IIII�IIIIIIIIIIfiiu .. � iii �... �... �..,��...e... Lv a �rti Prepared by: AAM Date: 9/12/2019 Checked by: Date: o� � '' i . " .* Town of Ithaca Forest Home Walkway Improvements Estimate of Probable Cost Concept C-H brid Ali nment Item Description Unit Quantity Unit Price Total 1 Clearing and Grubbing LS 1 $ 2,500.00 $ 2,500.00 2 5'-0" wide Stone Dust Walkway' LF 470 $ 36.00 $ 16,920.00 Excavation, Subbase, Surface Redi-Rock Concrete Steps 3 (Excavation, Subbase, Steps) LF 120 $ 218.00 $ 26,160.00 4 Pipe Railing LF 515 $ 175.00 $ 90,125.00 5 Bicycle Dismount Signage EA 2 $ 250.00 $ 500.00 6 Drainage Improvements3 LS 1 $ 12,025.00 $ 12,025.00 7 Landscape Improvements LS 1 $ 3,750.00 $ 3,750.00 8 Gravity Block Retaining Wall LF 100 $ 1,000.00 $ 100,000.00 9 Tree Removal EA 1 $ 600.00 $ 600.00 Construction Subtotal $ 252,580.00 1111111111111111111111119Contingency (20%) $ 50,516.00 Work Zone Traffic Control (7%) $ 17,680.60 m° Survey Operations (2%) $ 5,051.60 Mobilization (4%) $ 10,103.20 Total $ 336,000.00 'Alternate Walkway Surface Options: Asphalt=$42/1-F, Concrete (Exposed Aggregate) _$78/1-F, Grass Pavers= $101/1-F 2Alternate Railing Option:Timber Railing=$100/1-F 3Drainage Improvements include : Cleaning, Grading, & Reshaping of Ex. Channels, Cleaning Ex. Culverts, Inlet/Outlet Protection, New Drainage Culvert, Granite Curb along Warren Rd 4Landscape Improvements include:Topsoil and Turf Restoration along Walkway, Landscape Plantings at Trailheads ryh r> r µ a a� gra16 69 T ra r 1 � W RE'FFiB ...- 49789 .. Z gym, J1 m puIIIIi W4 ❑ �j �I lui n IE o fiE'91g w �� �uNmh! b 14 z IMP ung III .: Ef G�✓fit .%��/� 0 a' cr ELFH6' ei agy � a large 8ME a r zavBe mqg f �'� x® f N ' 1£"F6e 01 y gy flz. Mpg P. � V iulllllgllll PA FL f f muuuumim a �iq m �'� % AFB st m mm mm. Icr Li e zd Y Prepared by: AAM Date: 9/12/2019 Checked by: Date: o� � '' i . " .* Town of Ithaca Forest Home Walkway Improvements Estimate of Probable Cost Concept D -Propose Im rovements on Ex.Ali nment With Steps) Item Description Unit Quantity Unit Price Total 1 Clearing and Grubbing LS 1 $ 1,300.00 $ 1,300.00 2 5'-0" wide Stone Dust Walkway' LF 425 $ 36.00 $ 15,300.00 Excavation, Subbase, Surface Redi-Rock Concrete Steps 3 (Excavation, Subbase, Steps) LF 110 $ 218.00 $ 23,980.00 4 Timber RailingZ LF 290 $ 100.00 $ 29,000.00 5 Bicycle Dismount Signage EA 2 $ 250.00 $ 500.00 6 Drainage Improvements3 LS 1 $ 14,975.00 $ 14,975.00 8 Landscape Improvements4 LS 1 $ 3,750.00 $ 3,750.00 Construction Subtotal $ 88,805.00 Contingency (20%) $ 17,761.00 y Work Zone Traffic Control (7%) $ 6,216.35 E Survey Operations (2%) $ 1,776.10 Mobilization (4%) $ 3,552.20 Base Construction Total $ 118,200.00 'Alternate Walkway Surface Options: Asphalt=$42/1-F, Concrete (Exposed Aggregate) _$78/1-F, Grass Pavers= $101/1-F 2Alternate Railing Option: Pipe Railing=$175/1-F 3Drainage Improvements include : Cleaning, Grading, & Reshaping of Ex. Channels, Cleaning Ex. Culverts, Earthwork for New Drainage Swale, Inlet/Outlet Protection, New Drainage Culverts, Granite Curb along Warren Rd 4Landscape Improvements include:Topsoil and Turf Restoration along Walkway, Landscape Plantings at Trailheads MEETING OF THE ITHACA TOWN BOARD Monday, September 23,2019 TB Resolution 2019 - Authorization to enter into contract with Behan Planning and Design to develop new zoning regulations and design standards for the Inlet Valley/Elmira Road corridor Whereas,Behan Planning and Design worked in association with ConsultEcon to conduct an economic development feasibility study and strategic plan for the Inlet Valley/Elmira Road corridor, starting in 2016, and Whereas,Behan Planning and Design continued to work in association with ConsultEcon,Inc. on subsequent efforts for developing new zoning and design standards for the Inlet Valley/Elmira Road corridor,with Behan Planning and Design being largely responsible for the initiation of ideas and proposals, and Whereas,Behan Planning and Design has the professional expertise to advance and complete work on developing zoning and design standards with oversight and coordination from the Town Economic Development Committee, therefore be it Resolved,that the Ithaca Town Board authorizes the Town Supervisor to execute a contract with Behan Planning and Design to provide professional services pertaining to the development of new zoning and design standards for the Inlet Valley/Elmira Road corridor in an amount not to exceed $25,000 (allocated from B8020.403), subject to approval by the Attorney for the Town, Moved: Seconded: Vote: �Nllllllll�l��� � °�YIIIpiu���,�i�i�mti�WV September 10, 2019 1011I�1 °°"°`�� pp' II y p'4 Ms. Susan Ritter, Town Planner Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Re: Town of Ithaca Inlet Valley Draft Zoning Amendment— Scope of Work Dear Sue: We have considered the town's comments and updated our proposal to provide continuing professional services to the town to advance the above-referenced project. We understand the overall goal is to prepare a draft zoning amendment to help advance the future land use recommendations of the economic development strategy developed for Inlet Valley. The zoning scope of work will include creation of an overlay district(s), modifications to the existing zoning ordinance for the subject areas in the Inlet Valley corridor including the permitted use schedule, dimensional requirements, special permit requirements and preparation of development design guidelines. A more detailed scope of work is attached. Please feel free to reach out to me any time. My cell is 518-339-3969. Thank you for the opportunity to be of continuing service to the town on this important project. Yours truly, John J. Behan, AICP Principal Attachment: Scope of Services and Fee Proposal 112 Sprhng' "uncl' :30S ,..kprhnf fv,,, ,Jc."W York 28(")(: Town of Ithaca Inlet Valley Draft Zoning Amendment–Scope of Work 9/10/2019 Page 1 Project Coordination, Communication and Client Meetings—Behan Planning and Design will coordinate these services and deliverables with the town planner. Project review meetings/conference calls will be conducted with the town economic development committee during the course of the project. It is expected that approximately 2-3 project coordination/review meetings/phone conferences will be required, at least one of which may be in person. (We have budgeted for presentation a town public meeting (task 5). Task 1 – Preparation of Zoning Overlay District Map. Behan Planning will develop a proposed overlay district map for the Inlet Valley Corridor, drawing from the prior work. The map will include up to two overlay districts and will utilize the town zoning district map as the base. Task 2—Draft modifications to permitted uses. Modifications to the permitted uses in the underlying zoning districts that would be subject to the overlay district will be prepared including uses allowed by right, special permit uses and consideration of potential uses permitted by incentive (amenity) zoning and prohibited uses (including clarification of uses in the underlying district which will be no longer permitted.). Zoning definitions will be reviewed and modifications including new definitions of terms will be drafted to accommodate the proposed uses and related zoning changes. Task 3—Dimensional/Area and Bulk Requirements. Modifications to area and bulk requirements will be drafted as appropriate including lot area, setbacks, building size and residential density. Task 4– Development Design Guidelines. Building upon its prior effort and work product developed to date, Behan Planning and Design will prepare illustrated development design guidelines to inform site and subdivision planning for the Inlet Valley. A preliminary outline for the guidelines includes: 1. Introduction and Purpose 2. Applicability 3. Site Analysis 4. General Principles for Site Plan Development in Inlet Valley a. Topography, Stormwater Management and Natural Systems b. Roadside Landscape Treatment and Access Management C. Site Design d. Architecture / Signs f. Country Laneway and connections to Black Diamond Trail The development design guidelines will be prepared using existing graphic and drawing references available from the graphic/photo library of Behan Planning and Design and, if needed, material available from public domain on the internet. One custom graphic in the form of a perspective sketch will be prepared illustrating selected design and development character recommendations as depicted in a potential development/redevelopment scenario in the Inlet Valley. Town of Ithaca Inlet Valley Draft Zoning Amendment—Scope of Work 9/10/2019 Page 2 It is expected that the design guidelines will be set up as a stand-alone document for attachment by reference to the zoning ordinance. Task 5 — Preliminary Draft Zoning Amendment and Design Guidelines and Public Presentation. Behan Planning and Design will compile and present the preliminary draft zoning ordinance amendment and development design guidelines at a public meeting. The presentation material will be made available for town posting on the town website. Feedback from this meeting including online and additional public input will be considered and collaboration with the town attorney and town planner in the development of the subsequent draft. Task 6 — Draft Zoning Amendment and Design Guidelines Behan Planning and Design will refine the preliminary draft zoning ordinance amendment and development design guidelines and town staff will present an overview of the proposed changes at the public hearing with the town board. The draft zoning and design guidelines will be made available for town posting on the town website. General Notes: • Behan Planning and Design will provide the town with electronic copies of all final deliverables including a final high-resolution PDF for printing and a lower-resolution PDF for online publishing along with a copy of the final, editable native files. The town will be responsible for any printing. • The town will coordinate the logistics of meetings, notices, SEQR review and coordination, communication, printing, and other technical and support requirements for the project. The town understands that Behan Planning and Design is not providing legal services. Town staff will revise and finalize the Inlet Valley Zoning Amendment and Development Design Guidelines for adoption by the Town of Ithaca as part of the town code. The town will be responsible for any required review or modification of the proposed zoning amendment for legality and form. Town of Ithaca Inlet Valley Draft Zoning Amendment—Scope of Work 9/10/2019 Page 3 Budget Estimate — Task Estimated Total Fee Hours Project Coordination, Communication and Client Meetings 20 2,600 Task 1 — Preparation of Zoning Overlay District Map. 8 1,040 Task 2 — Draft modifications to permitted uses. 12 1,560 Task 3—Dimensional/Area and Bulk Requirements. 12 1,560 Task 4 — Development Design Guidelines. 40 5,200 Task 5 — Preliminary Draft Zoning Amendment and Design 40 5,200 Guidelines and Public Presentation. Task 6 — Draft Zoning Amendment and Design Guidelines. 24 3,120 Total Hours 156 $20,280 Expenses: 720 Basic Services Subtotal $21,000 Allowance for Additional/Optional Services (if Required) 4,000 TOTAL $25,000 Behan Planning and Design will complete the basic services outlined above for a lump sum fee inclusive of expenses of $21,000. Additional/optional tasks include preparation of environmental assessment form, attendance at additional meetings/public hearings, final drafting of zoning amendment and design guidelines, etc. would be provided if requested by the town at an hourly basis plus expenses. (Lump sum fee estimate based on $130/hour. Professional staff billing rates range from $100 to $165/hour.) gencl,i IVB ai MEETING OF THE ITHACA TOWN BOARD Monday, September 23, 2019 TB Resolution 2019 - : setting a PH for a draft local law adding Landscaping Service Provider and Tree-Care Service Provider provisions to Chapter 270, Zoning, of the Town or Ithaca Code 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 21" day of October, 2019 at 5:30 p.m. for the purpose of considering a proposed local law adding Landscaping Service Provider and Tree- Care Service Provider provisions to Chapter 270, Zoning, of the Town or Ithaca Code, 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 2019 A LOCAL LAW ADDING LANDSCAPING SERVICE PROVIDER AND TREE-CARE SERVICE PROVIDER PROVISIONS TO CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, titled "Definitions," is amended by adding the following definitions: LANDSCAPING SERVICE PROVIDER-- An establishment that provides off-site lawn, garden, and landscape services , including lawn installation and mowing,planting and vegetation maintenance, and stone and hardscape installations that require the use of machinery, equipment, trucks and other appurtenances that are stored on the provider's premises, including outdoor landscaping supplies such as rock, stone, and mulch. TREE-CARE SERVICE PROVIDER-- An establishment that provides off-site tree care services, including tree pruning and tree removal, consultations and integrated pest management. The service involves the use of machinery, equipment, trucks and other appurtenances that are stored on the provider's premises, including storage of wood products removed from off-site operations. Section 2. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, Section 270-26, titled "Permitted principal use," is amended by adding a subsection O reading as follows: "O. Landscaping service provider and tree-care service provider,provided that adequate provision is made to prevent nuisance to adjoining residences and provided: (1) The minimum lot size is 10 acres; (2) There is a non-occupied buffer of at least 50 feet around the perimeter of the lot that cannot be used for the permitted use; (3) Outdoor material storage does not occupy more than 15% of the entire lot; (4) All outdoor storage must be screened or situated in such a way that it is not visible from the public right-of-way or adjacent residential properties; (5)No on-site sale of products is allowed; 1 (6) Vehicles and equipment used in the conduct of the business must be stored in enclosed buildings or be screened or situated such that when not actively being used they are not visible from the public right-of-way and adjacent residential properties; (7) Employee parking must be screened or situated in such a manner that is it not visible from the public right-of-way and adjacent residential properties; (8)Noise standards: (a) The exterior noise level must not exceed the following limits beyond the boundary of the lot: 65 dBa from 7:00 a.m. to 7:00 p.m. 55 dBa from 7:00 p.m. to 7:00 a.m. (b) The temporary use of equipment to maintain an on-site residence, including but not limited to power mowers, is exempt from the noise standards in this subsection 0(8); (9) All new buildings associated with the use shall be fully screened or situated such that they are not visible from any public right-of-way unless otherwise allowed by the Planning Board. Criteria for the Planning Board to consider in determining the need for visibility controls include whether the building has the following desirable characteristics: (a)the general size, shape, and scale will be architecturally compatible with other buildings visible along the right-of-way corridor; (b) the building will have a sloped roof, not less than 4 in 12; (c)the building facade facing any public right-of-way will have windows or entranceways rather than an uninterrupted blank wall; (d)the front yard area immediately adjacent to the building will be landscaped with lawn, shrubs or flowers; (e)the exterior cladding on the building facade facing any public right-of-way will be primarily composed of brick, siding (wood, fiber cement,polymer, vinyl, steel), stone, or stucco." Section 3. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, Section 270-55, titled "Principal uses authorized by special permit only," is amended by adding a subsection J reading as follows: "J. Landscaping service provider and tree-care service provider,provided that adequate provision is made to prevent nuisance to adjoining residences and provided: 2 (1) The minimum lot size is 10 acres; (2) There is a non-occupied buffer of at least 50 feet around the perimeter of the lot that cannot be used for the permitted use; (3) Outdoor material storage does not occupy more than 15% of the entire lot; (4) All outdoor storage must be screened or situated in such a way that it is not visible from the public right-of-way or adjacent residential properties; (5)No on-site sale of products is allowed; (6) Vehicles and equipment used in the conduct of the business must be stored in enclosed buildings or be screened or situated such that when not actively being used they are not visible from the public right-of-way and adjacent residential properties; (7) Employee parking must be screened or situated in such a manner that is it not visible from the public right-of-way and adjacent residential properties; (8)Noise standards: (a) The exterior noise level must not exceed the following limits beyond the boundary of the lot: 65 dBa from 7:00 a.m. to 7:00 p.m. 55 dBa from 7:00 p.m. to 7:00 a.m. (b) The temporary use of equipment to maintain an on-site residence, including but not limited to power mowers, is exempt from the noise standards in this subsection J(8); (9) All new buildings associated with the use shall be fully screened or situated such that they are not visible from any public right-of-way unless otherwise allowed by the Planning Board. Criteria for the Planning Board to consider in determining the need for visibility controls include whether the building has the following desirable characteristics: (a)the general size, shape, and scale will be architecturally compatible with other buildings visible along the right-of-way corridor; (b) the building will have a sloped roof, not less than 4 in 12; (c)the building facade facing any public right-of-way will have windows or entranceways rather than an uninterrupted blank wall; 3 (d)the front yard area immediately adjacent to the building will be landscaped with lawn, shrubs or flowers; (e)the exterior cladding on the building facade facing any public right-of-way will be primarily composed of brick, siding (wood, fiber cement,polymer, vinyl, steel), stone, or stucco. (10)Notwithstanding the provision in §270-226 prohibiting more than one principal building on a lot, one dwelling and one principal building for a landscaping service provider or a tree-care service provider may occupy the same lot." Section 4. 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 5. This local law shall take effect immediately upon its filing with the New York Secretary of State. 4 gencl,i IVB ai 0 Meeting of the Ithaca Town Board Monday, September 23, 2019 at 4:30 p.m. TB Resolution 2019 - : Authorization for the Supervisor to sign an amendment to the Agreement between the Town of Ithaca and HOLT to produce revised drawings and bid specifications for the Public Works Facility(PWF) Renovation and authorization to 20 to bid Whereas the Town Board entered into an agreement with HOLT Architects to design and produce bid documents for the PWF renovation project, and Whereas the bid results came in significantly overbudget, now therefore be it Resolved that the Town Board authorizes the Town Supervisor to sign an amendment to the Agreement for revised bid documents not to exceed subject to the approval of the Attorney for the Town, and be it further Resolved that the Town Board authorizes the Town to go to bid on the project. Moved: Seconded: Vote: Agenda li tern 6 MEETING OF THE ITHACA TOWN BOARD Monday, September 23, 2019 TB Resolution 2019-XXX: Approval to Purchase Two (2) Plug-In Hybrid Vehicles and Amend the 2019 General Part-Town Fund Budget Whereas, the Code Enforcement and Zoning Department submitted requests in the 2018 Ithaca Town Budget to purchase a new model year 2018 or 2019 plug-in hybrid vehicle at an estimated cost of $32,000, and in the 2019 Ithaca Town Budget to purchase a new model year 2019 or 2020 plug-in hybrid vehicle at an estimated cost of$33,000.00, and Whereas, as there was no state contract or other available cooperative purchasing agreement available for purchasing the recommended plug-in hybrid vehicles, the procurement process for said vehicles was managed by the NYS Office of General Services - Procurement Services, through the NYS Vehicle Marketplace Mini-Bid process (Mini-Bid No. 19090009), from which was received one (1) responsive and responsible bid from Northstar Mitsubishi, bidding on two (2) 2019 Mitsubishi Outlander PHEV/otev-h at the unit price of $37,889.25 plus $660.00 for delivery, for a total cost of $77,098.50; and Whereas, the Town Finance Officer recommends to this governing Board the approval of an amendment to the 2019 Ithaca Town Budget, increasing appropriations to the General Part-Town Fund, account B8020.270, in the amount of$44,098.50 to provide adequate funding for said purchase, with such increase to be funded from the fund balance of the General Part-Town Fund; now, therefore, be it Resolved, that the Town Board approves the purchase of Two (2) New 2019 Model Mitsubishi Outlander PHEV/otev-h for the total delivered amount of$77,098.50 from Lic Motor Group LLC, dba Northstar Mitsubishi, 46-05 Northern Blvd., Long Island City New York 11101, and be it further Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to record the appropriate budgetary amendment in the amount of $44,098.50 to provide adequate funding to meet this expense. Moved: Seconded: Vote: Ayes — Agencl,i IVcai 8 MEETING OF THE ITHACA TOWN BOARD Monday, September 23, 2019 TB Resolution 2019- : Acknowledtin2 receipt of SCLIWC (Bolton Point) Independent Audit for Year 2018 Resolved, that the Ithaca Town Board acknowledges receipt of the SCLIWC or Bolton Point Independent Audit for the year ending December 31, 2018. Moved: Seconded: Vote: Ayes - SunTrust Financial Centre JOHNSON 4oi East Jackson Street,Suite 3100 POPE Tampa,Florida 33602 Telephone(813)467-8900 � 1 �1 f�,`f' �;,, J Fax(8i3)223-7u8 J `� - Email:JCovelli@JPFirm.com E COUNSELORS AT LAW TAMPA uw CLEARWATER N ST. PETERSBURG September 13, 2019 VIA EMAIL AND FEDERAL EXPRESS Jim Weber Dir. Public Works Town of Ithaca 106 Seven Mile Drive Ithaca, NE 14850 Email: JWeber@town.ithaca.ny.us Re: Petition to the Town of Ithaca by Winston Square Apartments LLC, a New York limited liability company("Winston")for abandonment of the roads located adjacent to that certain apartment complex commonly known as Winston Square Apartments Dear Jim: We are legal counsel to Winston and are authorized to provide this letter on its behalf. This letter shall serve as the written petition by Winston pursuant to New York State Highway Law Section 207 for the Town of Ithaca (the "Town") to commence the process required to abandon those certain roads depicted on the Official Town Map attached hereto as Exhibit A and incorporated herein by reference (the "Roads") which are adjacent to that certain apartment complex owned by Winston and commonly referred to as Winston Square Apartment and to subsequently convey all right, title and interest in and to the Roads to Winston pursuant to a Quit Claim Deed. Specifically, based on the Official Town Map Winston is requesting that the following Roads be abandoned by the Town and all right, title and interest of the Town be conveyed pursuant to Quit Claim Deed to Winston: 1. Winston Drive from the intersection of Winston Court to the terminus at the intersection of Salem Drive; 2. Salem Drive from the intersection of Winston Court to the terminus at the intersection of Winston Drive; and 3. Winston Court from the intersection of its east-west portion and its north-south portion to Winston Court's termination at the intersection of Winston Drive. Winston supports the abandonment of the Roads by the Town and conveyance of the Roads to Winston;provided,however,this petition is subject to the conditions that(i)the Town shall be responsible for obtaining an abstract of title; (ii)the Roads shall be conveyed to Winston pursuant to a quit claim deed, free and clear of all liens and encumbrances, excluding customary easements for utilities; and (iii) in Cr JOHNSON POPE COUNSELORS AT LAW TAMPA ■ CLEARWATER ■ ST. PETERSBURG Jim Weber, Dir. Public Works Town of Ithaca September 13, 2019 Page 2 connection therewith, there shall be no obligations, commitment, conditions or liabilities placed upon Winston in connection with the abandonment of the Roads by the Town and the conveyance of the Roads to Winston, except those expressly agreed upon by Winston. Winston recognizes that abandonment of the terminuses and the conveyance to Winston will not create any loss or damages for Winston and;provided, that the Town conveys the terminuses to Winston, Winston agrees to waive its right to seek compensation under New York Highway Law Section 209. Except as otherwise stated herein,the parties shall otherwise be responsible for their own costs and expenses incurred in connection with the abandonment, including but not limited to legal fees. In the event that the abandonment and conveyance of the Road to Winston would require Winston to undertake any obligations, commitments or conditions or incur any liabilities (collectively, the "Conditions"), any agreement by Winston to accept a conveyance shall be subject to Winston's review and approval of any such Conditions and the negotiation and execution of such definitive legal documents as may be necessary to properly document the respective parties agreement to such Conditions prior to acceptance of any conveyance of the Roads. In this regard, we would look forward to receiving any further information to assist in our evaluation. In the meantime, should you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, ,...m ....�..............,�.�� Joseph P. Covelli JPC/gcs cc: Andrew Gordon Bob Hull 5633457 2 JOHNSON POPE Of B 0 K(-)R, 11,T � P & 13 U FZ,T,J S , L L P COUNSELORS AT LAW TAMPA ■ CLEARWATER ■ ST. PETERSBURG Jim Weber, Dir. Public Works Town of Ithaca September 13, 2019 Page 3 EXHIBIT A MAP OF ROADS See Attached 56334572 z a w IWO o � � a z K m za oma �4uj cc WINS1'ON DR g a �0ca D W J� d=e = aZ 3x O m m E V) II °G oc a Q Q Zo Uj Q O o � Q 1� N x rV' pp t O ON WINST z k 9 € U- 0 O .� Wr i = m B Y d Q DEERFIE D P 6 A c� G a a i ROSENI RD o= mz,Ki oW=W� .g U nz 5z: omgz; { p— W 8 4OWOi all 1 uWUI �mapi Agenda Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, September 23, 2019 TB Resolution 2019 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c) Ratify promotional appointment of HEO —Munson Moved: Seconded: Vote: ayes — TB Resolution 2019 - a: Approval of Minutes Whereas, the draft Minutes of the September 9, 2019 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, with changes, as the final minutes of the meetings on September 9, 2019 of the Town Board of the Town of Ithaca. TB Resolution 2019 - b: Town of Ithaca Abstract No. 18 for FY-2019 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. 1196 - 1253 General Fund Town Wide 105,559.17 General Fund Part-Town 2,829.23 Highway Fund Town Wide DA 2,011.19 Highway Fund Part Town DB 153,488.89 Water Fund 12,323.38 Sewer Fund 66,297.87 State Route 96b Sidewalk—H7 7,800.40 Fire Protection Fund 266,750.00 Forest Home Lighting District 35.47 Glenside Lighting District 10.62 Renwick Heights Lighting District 17.70 Eastwood Commons Lighting District 24.79 Agenda Item 12 Clover Lane Lighting District 3.27 Winner's Circle Lighting District 4.95 Burleigh Drive Lighting District 11.55 West Haven Road Lighting District 45.82 Coddin ton Road Lighting District 26.66 Debt Service 2,175.00 TOTAL 619,415.96 TB Resolution 2019 — c: Ratify Promotional Appointment to Heavy Equipment Operator Whereas,there is a vacant Heavy Equipment Operator position due to promotion; and Whereas, the Highway Superintendent has determined through interviews and evaluation that Jon Munson, Motor Equipment Operator,possess the necessary knowledge, skills and ability to satisfactorily perform the duties of the Heavy Equipment Operator position; and Whereas, the Highway Superintendent is promotionally appointing Jon Munson, to the Heavy Equipment Operator position, effective September 16, 2019; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's regular promotional appointment of Jon Munson, as full time Heavy Equipment Operator for the Public Works Department, effective September 16, 2019; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$27.05, which is an estimated annual salary of$56,264, in Job Classification "IV", with full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight(8)week probationary period there will be no further action required by the Town Board.