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TB Packet 2019-10-21
Meeting of the Ithaca Town Board Monday, October 21, 2019 at 5:30 p.m. AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and board comments 3. Public hearings regarding: a. A local law adding Landscaping Service Provider and Tree-Care Service Provider provisions to Chapter 270, Zoning, of the Town or Ithaca Code i. Consider SEQR ii. Consider adoption b. Proposed local law removing engineering functions and responsibilities from Public Works Department in Chapter 59 of the Town of Ithaca Code: i. Discuss and consider approval of re-establishing the Engineering Department ii. Consider adoption of the local law iii. Approval of the creation of the Director of Engineering position and job description iv. Approval of the revised Director of Public Works/Highway Superintendent job description v. Discuss and consider appointment of Director of Engineering c. A proposed increase to the Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2020 i. Consider adoption d. Town of Ithaca 2020 Preliminary Budget 4. Discuss and consider approval of wages effective January 1, 2020 for: a. Town of Ithaca b. Bolton Point(SCLIWC) 5. Discuss and consider any amendments to the Town of Ithaca 2020 Budget a. Consider adoption 6. Discuss and consider a request by Cornell Botanical Gardens for a 3-year extension of an existing variance for access to Cornell Botanical Gardens hunting program participants through the Culver Rd Preserve 7. Discuss and acknowledge receipt of inspection reports of the Ferguson (Laughing Goat) and Cummins (Indian Creek Farm) Agricultural Easements 8. Discuss and consider approval of an authorization for the Supervisor to sign an agreement between the Town of Ithaca and the Town of Dryden regarding the maintenance, management, use and control of the Apple Orchard PRV and NYS Route 366 water main. 9. Discuss and consider approval to waive the Town's portion of the marriage license fee for active duty military members 10. Discuss and consider referral of a school speed limit request on Christopher Lane to the County 11. Discuss and consider naming the park off King Rd W Saunders Park 12. Discuss and consider approval of and authorization for the Supervisor to sign easements between Parker Family LLP-Iacovelli and the Town for water and sewer service laterals to 0 Troy Road, TP 49.-1-26.4 13. Establish interview committees for the Planning Board and Zoning Board of Appeals 14. Resolution of appreciation for John Beach, Town of Ithaca Planning Board member 15. Consider Consent Agenda Items: a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Provisional Appointment Electrical & Code Enforcement Officer e. Ratify Appointment of Distribution Operator-SCLIWC f. Ratify Appointment of Working Supervisor g. Ratify Appointment of Heavy Equipment Mechanic h. Ratify Appointment of Laborers 16. Report of Town Officials 17. Report of Town Committees/Intermunicipal Organizations 18. Review of Correspondence 19. Consider Adjournment 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 applicant or project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: A local law adding landscaping service provider and tree-care service provider provisions to Town Code Chapter 270,Zoning. Project Location(describe,and attach a general location map): Locations in the Town of Ithaca zoned as Low Density Residential and Agricultural. Brief Description of Proposed Action(include purpose or need): The proposed action adds language to Town Code,Chapter 270,to allow landscaping service provider and tree-care service provider as a permitted principal use authorized by special permit in the town's Low Density Residential Zone and as a permitted principal use in the Agricultural Zone. The proposed action includes criteria that is intended to prevent any nuisance associated with the use to adjoining residences.The criteria includes a minimum lot size(10 acres),buffer requirements around the perimeter of the lot(50 ft.), maximum outdoor storage area(15%of the lot),screening requirements, prohibition of on-site sales,noise standards,and design criteria for new buildings associated with the use that would be visible from the public right-of-way. Name of Applicant/Sponsor: Telephone:607-273-1721 Town of Ithaca E-Mail: Address: 215 N.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 Susan Ritter E-Mail: sritter@town.ithaca.ny.us Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 FEAF 2019 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 Counsel,Town Board, ®Yes❑No Ithaca Town Board 10/21/19 anticipated public hearing or Village Board of Trustees b. City,Town or Village ❑Yes❑No Planning Board or Commission c. City, Town or ❑Yes❑No Village Zoning Board of Appeals d. Other local agencies ❑Yes❑No e.County agencies ®Yes❑NO Tompkins County GML 239 Review; no official approval 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? ❑YesmNo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? m Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑YesmNo C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the mYes❑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 ❑YesmNo would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; mYes❑No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): Cayuga Lake Watershed Management Plan c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, mYes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Town of Ithaca Park, Recreation and Open Space Plan(1997) Town of Ithaca Agricultural and Farmland Protection Plan(2011) 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. m Yes[-]No If Yes,what is the zoning classification(s)including any applicable overlay district? Low Density Residential and Agricultural b. Is the use permitted or allowed by a special or conditional use permit? N/A;action involves changing allowable usEO Yes❑No c.Is a zoning change requested as part of the proposed action? m Yes[--]No If Yes, i. What is the proposed new zoning for the site? The action will not result in new zoning;it involves changes in allowable uses in existing zones 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,Cornell University Public Safety c.Which fire protection and emergency medical services serve the project site? Ithaca Fire Department, Cayuga Heights Fire Depar d.What parks serve the project site? The Low Density Residential Zone includes a number of town parks,and portions of multi-use trails. D.Project Details D.1.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 disturbed? 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 iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the 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 the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii. Name: iii. 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.): iii. 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 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.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 Goodman Date Signature Title Town Supervisor Note: Per answer to C.1. (action is enactment of a local law only), pages 4-12 were not required to be completed. PRINT FORM Page 13 of 13 Full Environmental Assessment Form Project Agency Use Only[If applicable] Part 2 -Identification of Potential Project Impacts Date: 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 EAF 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 "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 ® ❑ c.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. Bli ® ❑ h. Other impacts:The new uses allowed by the action could result in construction of new buildings ® ❑ and outside material storage that may impact the land.Where required by town's stormwater law,certain new buildings and other development activities would require an erosion and sedimentation control plan or SWPPP. The local law includes limitations on the area of the property that contains outside storage of material.The types of materials and their storage on the land surface,will not necessitate excavation and are not anticipated to create erosion or impacts to water resources. Page 1 of 10 FEAF 2019 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. ff"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.21) 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 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or ©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 Dl a,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. ❑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, El e ® ❑ or upgrade? Page 3 of 10 g. Other impacts: New building construction resulting from the action will require town review to determine if erosion control or stormwater management measures are necessary. 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO ❑YES (See Part 1. D.2.f., 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(CO2) 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(SF6) 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 ❑YES I "Yes'; answer questions a- 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 E2o ❑ ❑ 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 E2o ❑ ❑ 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 e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ 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 Elm ❑ ❑ over-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.) [:]NO W]YES I "Yes'; answer questions a-h. ff`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 El a,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. 132c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ® ❑ Protection Plan. h. Other impacts:The action will result in the uses being allowed in the town's Ag Zone. Neither of ® ❑ the uses are anticipated to negatively impact agricultural resources or conflict in any way.The proposed uses do not necessarily require a large amount of space and could even co-exist with farming activities on the same property. Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ❑NO W]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.) I "Yes'; answer questions a-g. ff`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,but visible 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 Elc 0 11 ® 11 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 '/2-3 mile 3-5 mile 5+ mile g. Other impacts:The nrnnnced 1 ices ce ni 11d rci ilt in ni ltdnnr ae ni tnranof materials eiinment and ® 11vehicles. Criteria in the local law specifically aims to minimize potential aesthetic impacts to neighboring ro erties and the public right of way. 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological QNO ❑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 m r r a. The proposed action may occur wholly or partially within,or substantially contiguous to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State 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 d. Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e. occur",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 E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E31r, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a F-/�NO ❑YES 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. ff"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 E21r, 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,Elc, ❑ ❑ 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) I "Yes"; answer questions a-c. ff"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 EM ❑ ❑ 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 EM ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. W]NO ❑YES (See Part 1. D.2 j) I "Yes'; answer questions a-,f I "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) I "Yes'; answer questions a-e. I "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 existing,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. E01her 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 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 132n,Ela ® ❑ area conditions. f. Other impacts:The proposed uses could potentially result in noise from the use of equipment ® ❑ and vehicles. Criteria in the local law specifically aims to minimize noise impacts o neqhborinq propeffies. 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,nursing 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 132r,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 132s,Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. W]NO YES (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%. c.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: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. E]NO AYES (See Part 1. C.2, C.3, D.2, E.3) I "Yes'; answer questions a-g. ff"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 E3e,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) c.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 The proposed uses will be allowed in the Low Density Residential Zone, but only E2g,E2h g. Other impacts:with special permit.The Planning Board will be able to determine on a case by ® ❑ case basis if the proposed use is compatible with the surrounding area.A minimum lot size of 10 acres is required to ensure adequate screening/buffering. Additionally,site-specific SEAR reviews may be required where applicable for the establishment or modification of the service provider's facilities. Page 10 of 10 PRINT FULL FORM Agency Use Only [IfApplicable] Project Date: Full Environmental Assessment Form Part 3 -Evaluation of the Magnitude and Importance of Project Impacts 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. SEE ATTACHMENT Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type l ❑Unlisted Identify portions of EAF completed for this Project: 0 Part I 0 Part 2 0 Part 3 FEAF 2019 Upon review of the information recorded on this EAF,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 617.7(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: A local law adding landscaping service provider and tree-care service provider provisions to Town Code Chapter 270,Zoning. Name of Lead Agency: Town of Ithaca Name of Responsible Officer in Lead Agency: William 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 Telephone Number: 607-882-2683 E-mail: sritter@town.ithaca.ny.us 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: http://www.dec.M.gov/enb/enb.htrnl PRINT FULL FORM Page 2 of 2 Part 3— Full Environmental Assessment Form —Attachment Evaluation of Magnitude and Importance of Project Impacts A local law adding landscaping service provider and tree-care service provider provisions to Town Code Chapter 270, Zoning. The proposed action is adoption by the Ithaca Town Board of "A Local Law Adding Landscaping Service Provider and Tree-care Service Provider Provisions to Chapter 270, Zoning, of the Town of Ithaca Code." The purpose of the action is to allow establishments for providers of landscaping services and tree-care services to be located in the Low Density Residential Zone (LDR) and Agricultural Zone (AG). Currently these establishments are not allowed anywhere in the Town of Ithaca, yet many town residents, businesses, and institutions benefit from their services. The services themselves are conducted elsewhere, off-premise, with the on-site establishments serving as a location to house/store service-related equipment, vehicles, and materials and for employees to convene and park their personal vehicles. Materials processing (such as wood chipping) may also occur at the service provider's establishment. The proposed local law would add these uses to the LDR and AG zones only. These zones tend to be rural, but both zones contain residential properties, and especially in the LDR zone, clusters of neighborhood residential areas exist. To address this, and to minimize any potential nuisances or impacts to adjacent residential properties, the local law contains several provisions. The provisions include the following requirements and criteria applicable to the service provider: • special permit from the Planning Board is required for service providers that want to locate in an LDR zone; no special permit is required in the Agricultural Zone because the activities and impacts of landscaping/tree-care service providers' establishments are similar to those of other permitted uses in the Agricultural Zone; • a minimum lot size of 10 acres is required; • a non-occupied buffer of at least 50 feet around the perimeter of the service provider's lot that cannot be used for the permitted use; • outdoor storage of materials cannot occupy more than 15% of the entire lot; • all outdoor storage must be screened or situated such that it is not visible from the public right-of-way or adjacent residential properties; • the on-site sale of products is not allowed; • vehicles and equipment used in the conduct of the business must be stored in buildings or concealed from the adjacent properties and the public right-of-way when not being actively used; • employee parking must be screened or situated such that they are not visible from the public right-of-way or adjacent residential properties; • noise standards are included that contain limits that must not exceeded from the boundary of the lot (65 dBa from 7am-7pm and 55 dBa from 7pm-7am); Part 3—Full Environmental Assessment Form-Attachment Evaluation of Magnitude and Importance of Project Impacts • all new buildings associated with the use must be screened or otherwise not visible from the public right of way, unless otherwise allowed by the Planning Board. A list of aesthetic criteria for the Planning Board to consider is provided. In addition, where the establishment or modification of a service provider's facilities triggers the need for a special permit, site plan or variance, the Planning Board and/or Zoning Board of Appeals will perform a site-specific SEAR review on the requested action unless it falls under the Type II class of actions that are not subject to review under SEAR. Given the above requirements and criteria, and the fact that SEAR review will be required on a site-specific basis where applicable for the establishment or modification of a service provider's facilities, adoption of the local law is not anticipated to result in any significant adverse environmental impacts. MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019- : Adoption of Local Law No. of 2019 Adding Landscaping Service Provider and Tree-Care Service Provider Provisions to Chapter 270, Zoning, of the Town of Ithaca Code Whereas, the Ithaca Town Code does not currently permit landscaping service provider or tree- care provider as a use in any zone within the town, and Whereas, the Town Planning Committee, at meetings on July 18, 2019 and August 15, 2019, discussed and reviewed draft language, including criteria to prevent nuisance to adjoining residences, to allow landscaping service provider and tree-care service provider as a permitted use in the Agricultural Zone and as a principal use authorized by special permit in the Low Density Residential, and Whereas, at its meeting on September 23, 2019, the Town Board reviewed and discussed the proposed law and adopted a resolution for a public hearing to be held by said Town Board on October 21, 2019 at 5:30 p.m, to hear all interested parties on the proposed local law entitled "A Local Law Adding Landscaping Service Provider and Tree-Care Service Provider Provisions to Chapter 270, Zoning, of the Town of Ithaca", 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 October 21, 2019, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts 1, 2 and 3, and Whereas, the Town Board finds that the new uses proposed for the LDR and AG Zones further the health and welfare of the community and are in accordance with the Comprehensive Plan, Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 5 of 2018 entitled "A Local Law Adding Landscaping Service Provider and Tree-Care Service Provider Provisions to Chapter 270, Zoning, of the Town of Ithaca"; 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. 1 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 MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019-xx: SEQR: A Local Law Adding Landscaping Service Provider and Tree-Care Service Provider Provisions to Chapter 270, Zoning, of the Town of Ithaca Code Whereas, this action is the adoption of a local law adding provisions to the Town of Ithaca Code, Chapter 270 entitled "Zoning", to add landscaping service provider and tree-care service provider provisions; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board 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 meeting held on October 21, 2019 has reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board 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 EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Vote Ayes: Item 03b Combined resolutions on one document regarding the re-establishment of the Engineering Department MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Approval to Re-establish Engineering Department Whereas, the Town of Ithaca in 2009 incorporated the Engineering Department under the Public Works Department and under the direction of Director of Public Works/Highway Superintendent; and Whereas, the Personnel and Organization Committee has reviewed the concerns raised about engineering's lack of direct coordination and communication with the Town Board and has met with staff to discuss opportunities to make improvements; and Whereas, the Personnel Committee passed a resolution recommending that the Town Board re- establish the Engineering Department by removing it from under the Public Works Department; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby re-establish the Engineering Department as a standalone department effective December 22, 2019, with the office location of the department remaining at the Public Works Facility; and be it further Resolved, the Town Board approves transferring all civil engineering and engineering technician positions and employees of the Public Works Department to the Engineering Department under the direction of the Director of Engineering. TB Resolution 2019 - : Adoption of Local Law of 2019 removinp-the enp-ineerinp_ functions and responsibilities from Public Works Department in Chapter 59 of the Town of Ithaca Code Whereas the Town Board held a duly advertised public hearing regarding the proposed local law and various committees and the board have discussed the separation of the Engineering functions and responsibilities from Public Works and reestablishing the Engineering Department, now therefore be it Resolved that the Town Board adopts LL of 2019 removing the engineering functions and responsibilities from Public Works Department in Chapter 59 of the Town of Ithaca Code, and further Resolved that this local law shall take effect December 21, 2019. Item 03b TB Resolution 2019 - : Creation of Director of Enpaineerinp-Position under Civil Service Whereas, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and Whereas, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: 1. The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: 1-(One) - Director of Engineering And be it further Resolved, the Town Board does hereby approve the job descriptions for the said position as created and monitored by Tompkins County Civil Service; and be it further Resolved, the position will be placed in class I of the Office Job Classification System. TB Resolution 2019 - : Approval of Revised Director of Public Works/Highway Superintendent Job Description Whereas, the Personnel and Organization Committee reviewed the revisions made and recommend approving the revised job descriptions for Director of Public Works/ Highway Superintendent due to the re-establishment of the Engineering Department, effective December 22, 2019; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description for Director of Public Works/ Highway Superintendent. TB Resolution 2019 - : Provisional Appointment of Director of Enp-ineerin Whereas, effective January 1, 2020, the Engineering Department will be re-established as a standalone department, but still located at the Public Works Facility; and Whereas, Daniel Thaete was appointed Senior Civil Engineer and Town Engineer, and has been managing the Engineering Division since June 2016; and Item 03b Whereas, the interview committee comprised of Town Councilpersons Rod Howe, Pat Leary and Pamela Bleiwas interviewed and then determined that Daniel Thaete possess the necessary knowledge and skills to satisfactorily perform the duties of the Director of Engineering and make the recommendation of appointment; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby appoint Daniel Thaete as Director of Engineering, effective December 22, 2019; and be it further Resolved, that this will be a full-time salaried position based on 40 hours per week, at an annual salary of$96,033, in Job Classification "S", with full time benefits from account A1440.100; and be it further Resolved, there will be no change to Mr. Thaete's current salary and benefits during the training time period between the date of this resolution and the December 22, 2019, appointment date; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for the position; and be it further Resolved, Mr. Thaete will be required to complete a twenty-six (26) week probationary period associated with this title, with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Supervisor. Item 03c MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019- : Increasing Sewer Rents in the Town of Ithaca Sewer Improvement Area Effective January 1, 2020 Whereas, the Town Board of the Town of Ithaca wishes to revise the sewer rent schedules for the Town of Ithaca Sewer Improvement Area; and Whereas, a public hearing, duly advertised and posted as required by law, was held at 215 North Tioga Street, Ithaca, New York on the 21st day of October 2019, and the public was permitted an opportunity to be heard on the proposed increase; 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 adoption of the proposed resolution 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 this action is not subject to review under SEQRA; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby establishes and imposes the following: (1) Effective January 1, 2020 there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at a rate of$5.16 per 1,000 gallons of water consumed. In addition, and notwithstanding the foregoing rate structure, there shall be a minimum base charge for regular quarterly bills sent on or after January 1, 2019 in the amount of$25.80, which minimum charge is based on 5,000 gallons of usage, regardless of whether that amount is actually used. Multiple housing and mobile home parks of over two dwelling units, using a master water meter, will be computed as follows: The quarterly master water meter reading will be divided by the number of dwelling units and the sewer rent charge will be figured on this number as if the unit was individually metered. The sewer rent will then be multiplied by the number of units on the master water meter and this will be the billing rendered and the amount payable. If the calculation of the water consumed per dwelling unit is less than the amount that would be permitted before exceeding the minimum sewer rent set forth above, then the billing will be calculated by multiplying the number of units served by the master water meter times the minimum sewer rent set forth above. The charges set forth above shall be effective with respect to bills rendered on or after the effective dates set forth above, even if the measurement is for consumption prior to the above effective dates (i.e., any bill rendered on or after January 1, 2020, shall be calculated at the 2020 rate even if the sewer use occurred prior to January 1, 2020). 3 Item OR In the event a property is connected to public sewer, but is not connected to a water meter, the sewer rent shall be based upon estimated water consumption as reasonably determined by the Director of Public Works based upon recognized methods of estimating typical consumption for the type of facility involved (e.g., gallons per day per bedroom). Moved: Seconded: Vote: Aye - 3 Item 03cc MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019- Increasing Water Rates Chargeable to Consumers of Water in the Town of Ithaca Effective January 1, 2020 Whereas, the Town Board of the Town of Ithaca wishes to revise water rate schedules for the Town of Ithaca Water Improvement Area; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed resolution 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 this action is not subject to review under SEQRA; Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby establishes a water rate of$7.97 per 1,000 gallons of water consumed with the following water rate schedule: WATER RATE SCHEDULE Effective January 1,2020 The rate charged for water consumption shall be $7.97 per 1,000 gallons of water consumed. The foregoing rate will be the rate charged for all regular quarterly bills sent on or after January 1, 2020. Actual or base consumption may occur prior to January 1, 2020. Notwithstanding the foregoing rates, the following minimum base charges shall be applicable to the meter size indicated below for regular quarterly bills issued on or after January 1,2020. The table below also shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: METER SIZE BASE MINIMUM (INCHES) CONSUMPTION CHARGE (in Gallons) 3/4 5,000 $ 39.85 1 15,000 $ 119.55 1-1/2 22,500 $ 179.33 2 45,000 $ 358.65 3 70,000 $ 557.90 4 100,000 $ 797.00 6 175,000 $ 1,394.75 1 Item 03cc Multiple Housing and mobile home parks of over 2 dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum charge for a three-quarter inch meter. The water application fee for each new application for water service shall be the charges for new water connections charged by the Southern Cayuga Lake Intermunicipal Water Commission including application fees, meter charges, service tap fees, inspection fees, accessory materials, installation costs, and any other fee or cost charged by the Southern Cayuga Lake Intermunicipal Water Commission for connecting new water services. An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year. The annual charge for this service shall be $20.00 per diameter inch of the pipe supplying the fire suppression system or such other amount as is charged by the Southern Cayuga Lake Intermunicipal Water Commission for such systems. The pipe supplying the fire suppression system is the pipe needed to supply the fire suppression system, installed downstream of the system control valve. In addition to any other charges due to the Southern Cayuga Lake Intermunicipal Water Commission or the Town, there shall also be a charge of $151.00 for disconnecting and reconnecting water service where water service has been disconnected pursuant to Town Code § 261-4 for failure to pay water rates or other charges. Moved: Seconded: Vote: Aye — 2 Item 04a MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Approval of 2020 Employee Wages Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for the Town of Ithaca non-collective bargaining employees for the year 2020, utilizing the 3%wage scales approved by the Town Board August 12, 2019; and Whereas, the Town Board has reviewed the wages established by the collective bargaining agreement with the Public Works unit represented by Teamsters Local 317; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the said wages for the non-collective bargaining employees and collective bargaining employees for 2020, as filed in the Human Resources Office. Moved: Seconded: Vote: Ayes: Town of Ithaca 2020 Budget 3.0%budget 26 pays i N:iAlli"'"'N" '1011 Ci f°I!019 103,,,00,,dd, „„a t tE with PW&Codes 75 hours x 26 *80 hours x department 01/01/20 pays => 1950 116 pays => 2080 changes-current Town of Ithaca 2020 Budget 10/13/2019 TB:2019- NON-CLASSED EMPLOYEES DRAFT Approved%: 103.0%W/certain position changes EMPLOYEE 2019 Budget 2020 Budget %increase Town Justices (Paid bi weekly) Salk,James $ 24,450.001 $ 25,184.00 3.00% Klein,David $ 24,450.00” $ 25 184.00`: 3.00% 1combined 2019 combined 2020 Town Super $ 57,396.00 $ 58,019.50 Deputy TS $ 14,725.00 $ 40,032.50 Total $ 72,121.00 $ 98,052.00 Town Board Per member for year $ 14,725.00 $ 15,167.00 3.00% 35.95% Elected Officials (6 members Paid 4x year) $ 88,350.00 $ 91,002.00 $ 82,885.00 new amount for TS Town Supervisor/Fiscal Officer(bgt=40%of full amount) $ 23,100.00 $ 33,154.00 43.52% $ 58,019.50 70%for TS Administrator function for Town(bgt=60%of full amount) $ 34,296.00': $ 24,865.50 -27.50% $ 24,865.50 30%for DTS Deputy Town Supervisor (30%of total or 50%of Admin function $ - $ 24,865.50' 100.00% Total Town Super&Deputy $ 57,396.00 $ 82,885.00 44.41% Receiver of Taxes to get cola each yr $ 5,738.20: $ 5,91035 3.00% per meeting rates change on even yrs Planning Board Members Per Meeting: $ 88.00 $ 90.00 2.27% Per meeting x 24 meetingsx 6 members+1 alt $ 14,784.00 $ 15,120.00 Per Meeting: $ 94.00 $ 96.00 2.13% Planning Chairman (24meetings) $ 2,256.00 $ 2,304.00 Zoning Board Members Per Meeting: $ 88.00 $ 90.00 2.27% Per meeting x 12 meetings x 5 members&2 Alt. $ 7,392.00 $ 7,560.00 Total Non-Classified: $ 224,816.20 $ 255,149.35 13.49% Actual 2019 Budget per 2020 Budget/by person not account person Difference %CHANGE Personnel w/long. $ 224,816.20 $ 255,149.35 $ 30,333.15 13.49% includes longevity $ 3,792,553.25 $ 4,043,727.23 $ 251,173.98 6.62% TOTAL $ 4,017,369.45 $ 4,298,876.58 $ 281,507.13 7.01% $ (20,473.58) people vs.budget Adopted Budget Salary Budgets for for.100&.101&.103&.110 %bdgt increase $Increase 2020 $ 4,278,403.00 5.98% $ 241,510.05 GIS,DFO,Apprentice,Town Super,Sustainability 2019 $ 4,036,892.95 1.40% $ 55,647.95 code AN f/t+PWAA1f/t 2018 $ 3,981,245.00 11.10% $ 403,472.95 +civ eng+work super+labor+inters-2retirement replac 2017 $ 3,633,420.00 9.05% $ 301,414.50 +maintsuper+deputytc,+2ECEO+differentials 2016 $ 3,332,005.50 0.46% $ 15,350.50 PWF and Codes changes 10/16/2019 20203.0%draft2020 bdgt-3.0%w ins at 5%eng changes rrepa by—yua- Town of Ithaca 2020 Budget 3.0%budget 2e pays 11 111-11 'r uu"E,," 103 with PW&cedes III 'va. 75 hogs. 25 -8o hogs;: dep.I-I olrolao pays-1 1950 25 pays- 2080 aL.Hges- ,kHt 2014 hourly 2014 dmss fpr 242P hourly 2024 C,ssfnr 2cGial Gross wage Acwalhrlyriss Gross$ Ef FILIYEE TITLE date of H're, ors 5uo. wage "y66wuly pays wage 26blrekly pays $change %change' Nov-2o pay Il Cho Office System Classification 2080 2080 1 Ritter Susan* Director of Planning 01/12/98 2198 $ 4604 $ 9576320 $ 4]42 $ 98,633.60 $ 2,8]040 300% $ 900.00 $ 3]9360 M oso ley,Marty* Dirof Code Enforcement 1/1/20 03/06/17 2.82 $ 4604 $ 957 6320 9%//� a 96,033.60 $ 2]040 028% Hire rate Weber James* DirPW/Highway Super(23,3vk.;) 10/14/09 1022 $ 4604 $ 95]63 20 $ 4742 $ 49316.80 $ 895].60 300% $ 145.83 retire 5/30/20 DirPW/Highway Super(2-) "' 55,404.00 $ - Hre rate Thaete,Dan* Director of ELgLeer Lg 08/29/11 83511A,fj$ 96,033.60 $ 96,033.60 $ Hire rate H Drake,Judith* Human Resources Manager 12/04/96 23.09 $ 46]0 $ 84,656.00 $ 4i 92 $ 8],193.60 $ 253].60 300% $ 1,000.00 $ 335300 So, Mike' Ei Lance Officer(14 at 40 hrs salary) 12/28/10 9.02 $ 46]0 $ 84,656.00 $ 4i 92 $ 8],193.60 $ 253].60 300% $ 200.00 Rosa,Paulette* Town Clerk 08/14/06 1339 $ 40]0 $ 84,656.00 $ 4192 $ 8],193.60 $ 253].60 3 00% $ 500.00 G �A/,,�,�,. rant Sr Civil Eng w/PE 08/29/11 835 if/a/���ib'x $ ]9,85120 $ - $ (]9,85120) $ - F Carrier-Titti,Lisa rds8pedallsf@40wks 09/14/98 2131 $ 35.19 $ 68,62050 $ 3625 $ 543]5.00 $ 54,00450 301% $ 6]5.00 retie920 itpostm vane @zowks /QA' $ sazso00 Tasman,Dan Senior Plan ner 01/03/11 9.00 $ 35.19 $ 68,62050 $ 3625 $ ]0,68]50 $ 2,06].00 301% _ Smith,Mi chael Senior Pl anner 06/0]/99 2058 $ 35.19 $ 68,62050 $ 3625 $ ]0,68]50 $ 2,06].00 301% $ 850.00 vacant* GIS/Analyst@40 ��/� Q: ]28000' $ 72,800.00 aoarn DepHy Finance offcerpato ft /�%� � $ ns4a ao �` �$. 64 225 00! $ 511]620 promo avail Sr.Code Entrant Off.a 40 $ 3394 $ - $ 35.00 $ promo avail Sr.Civil Engineer w/o P.E.@40 1$ 3394 $ 3500 $ 4 308 00 1 E Camal,Christine Planner 01/29/01 2051 $ 3194 $ 62283.00 $ 3290 $ 64,155.00 $ 1,8]2.00 301% $ 850.00 Goldsmith,Nick Sustai Lability Planner ]/16/2012 ]4] $ 2].11 $ 56388.80 ////1/$ 66,8]2.00 $ 10.48320 1859% 9%///////�////G� Kelly,Martin* Electrical/Co de Entrant Off.a 40 04/30/12 ].68 $ 3194 $ 66,43520 $ 3290 $ 68,432.00 $ 1996.80 3.01% M agnuson,Dana* Elect/cal/Code Entrcm[Off.a40 01/28/16 393 ] VI 4Z$ 6643520 $ 3290 $ 68,432.00 $ 1996.80 3.01% Stoner,Mark* Electrcal/Code Emcmt Off @40 02/2]/1] 284 /r $ 6591520',$ 2, $ 68,432.00 $ 2516.80 3.82 Hull Jess ca Electrcal/Code Em cmt Off.@40 10/15/19 0 21 e��/� $ 63 824 80 /$ 66,8]2.00 $ 3,04]20 4 77%/' / 0 Shea,Dal Civil Eng neer pmmo e/2r5 01/12/15 4 97 A;SIj$ 66,43520 $ 3290 $ 68,432.00 $ 1996.80 3.011 McNeal Justn* Civil En new 2018 02/20/18 186 y9�� �Vi$ 64,8]520 ,' $ 6]912.00 $ 3,036.80 4.68% FROA WIN D Kofoid,Lori Administrative Assistant IV-Codes 08/06/12 ]41 $ 28 76 $ 56982.00 $ 29.62 $ 57]59.00 $ 1,6]].00 299% _ Kelley,Deborah Bookkeeperto the Supervisor 03/18/96 23.81 $ 28 7 6 $ 56,082.00 $ 29.62 $ 5]]59.00 $ 1,6]].00 299% $ 1,000.00 Vacant-not using II I r.d l:lmp�..tlr'I",snin Glmrla $ 28 76 $ 56982.00 $ - $ - $ (56,082.00) -100.00% Grant,Penny Court Clerk(sa/dry a Jl.S hrs) 02/24/14 5.85 $ 28 76 $ 56,082.00 $ 29.62 $ 5]]59.00 $ 1,6]].00 299% $ 2�L1J0 Sanzi,Shannon Court Clerk(sa/aryaJl.S hrs) 02/24/14 5.85 $ 28]6 $ 56982.00 $ 29.62 $ 5]]59.00 $ 1,6]].00 299% $ 2�L1J0 Pastore Laura* Adm nistratve Pssstant lV_PW 04/25/11 8.69 $ 28 76 $ 59,820.80 $ 29.62 $ 61,609.60 $ 1]88.80 299% c VT(TI Administrative Assistant III $ 24125.00 $ 24125.00 3.141 B Polce,Sandra Senior Typist-Planning 04/12/99 20]4 $ 25.1] $ 49,08150 $ 2593 $ 2]22650 $ (21,855.00) 3.02% 900 retire U20 Cubero Jasmin Deputy Town Clerk 05/31/16 359 „//// ,f!$ 49,08150 $ 2593 $ 5016350 $ 1,482.00 3.02% A Shurtleff,Lor Admnstra[ve Ass[I PWF. 5/31/2016 359011111111139a� $ 435/6.00 $ 2/15y/8 $ 44,88640 $ 131040 301% Torres,Chns Admnistratve Asst l CODES 4/16/2018 171 ��/ $ 39390.00 $ 4119350 $ 2 203 50 559% ! ,/ mew s stem Classification VI TeLKate,Rchard' DeputyHghway Super Efft3/18 07/06/93 2651 �'����/ $ ]429]60',,$' vf�j$ ]],064.00 $ 2 7664 3]2% $ 1,150.00 par'1;Jo6 viii Slater Jose ph* Water/Sawa r Ant Supero Yf 11r5 08/20/01 1838 2$+,9;;' $ ]481]60 $ 3]05 $ ]],064.00 $ 224640 300% $ ]50.00 TaINH Joseph* Parks Maintenance Manager 05/21/18 162 /��� $ ]325]60 $ ]6144.00 $ 328640 449% WA W/ V Vacant not filling Senior Engi neenng Techni aan $ $ - $ $ - $ - 0.00% $ - Morse,Bemie* Sr.Heavy Equipment Mech 8/19 04/15/02 1].]3 ////////// $ 60700 ,]]].60 % %/$ 63,689.60 $ 2,912.00 400 4.]9% $ 80.00r� Beach,Michael* Sr.Heavy Equipment Mech 8/19 04/12/99 20 74 Hulbert,Jeffrey* Working Supervisor 04/18/95 24]2 $ 299] $ 6233].60 $ 30.8] $ 64209.60 $ 1,8]2.00 300% $ 1,050.00 Shepard son,John* Working Supervisor 04/08/96 23]5 $ 299] $ 6233].60 $ 30.8] $ 64209.60 $ 1,8]2.00 300% $ 1,000.00 B oyes,David* Working Supervisor 07/01/96 2352 YY,�$������� 29 97 $ 6233].60 �,$ 33000887 a 64209.60 $ 1,8]2.00 300% $ 1,000.00 Martinez,Sam* Working Supervisor pmmo ra1e/15 4/1/2014 5 74 UW/1/V/999��f,HFA$ 60]]].60 Uy///A/1,Al w;N/n$ 63,689.60 $ 2912.00 4 79% $ - mM5/M+RYMANJN//V/ Hulbert,Joseph* Maintenance Supervisor 1/1/17 06/25/01 1853 $ 29 97 $ 6233].60 $ 30.8] $ 64209.60 $ 1,8]2.00 300% $ ]50.00 IV Larrs S Eng ee g T h n 05/23/16 0 00 fir 10$ 5],824.00 $ 28.63 $ 5915040 $ 1]2640 299% Pashow,Taran* Engineer ng Techn cant 11/14/16 313fl����J J�11�i$ 5],824.00 $ 28.63 $ 5915040 $ 1]2 640 299% Barnes,Pat* Maintenance Worker 2/1]/2009 10.88 $ 2].80 $ 5],824.00 $ 28.63 $ 5915040 $ 1]2640 299% $ 350.00 Dean,Jeffrey* Heavy Equipment Operator 12/20/93 26.05 $ 2].80 $ 5],824.00 $ 28.63 $ 5915040 $ 1]2640 299% $ 1,150.00 Griffin,Eric* Heavy Equipment O perator 0]/29/96 2344 $ 2].80y0 $ 5],824.00 �$ 28.63 $ 5915040 $ 1]2640 299% $ 1,000.00 mtson JW Heavy 19 010 40 a 2 76640 4 92 Mhomas,Dustin* Heavy Eg9ipm ant Operator 1/31/2014 292ll/yl�.$ 56264.00 M% $ 59,030.40 $ 2,]66.40 4.92% $ 600.00 III yl������ �; AthonY. E.. .�.�. ......... ......... .M'.:Y1.�I(1���0!(r...�., 00...MEM .$�. 56638,40 $ 2]68,40 514/0....... .........WIM � Motor,Egrp tOp 538]2,,,, rato /A I 1/22/2018 1 94 .... .............. .............. ....... ........... �Mncoln MatthewA* ry Motor Equ p ment O perator 06/0]/99 2058 $ 2531 $ 52644.80 $ 26 0] $ 54225.60 $ 15 Doe 9722'0 $ 1580.80 300/ $ 950 X00 80.80 300% $ 850.00 Mills,Travis* Motor Equip ment Op erator 11/9/2015 4.15 $ 2531 $ 52,644.80 $ 26.0] $ 54225.60 $ 1180.80 300% Brill Christian* Motor Equ pmant Op erator 1/222018 194 ������` $ 51,084.80 //� ..��$ 53]05.60 $ 2,620.80 513% vI/ Motor Equ pment Operator> d ff tal ''�A��/J j�$ 8,112.00 / Motor Equpment Operator> dff tial �$ 8,112.00 M otor Equpment Operator> differential $ 8,112.00 r II N/A Laborerw/COIL-2yrs w/town w/CDL $ 2256 $ 2332 1 $ 21.04 $ 21.6] B tt Ethan' Laborer 1/2/20 2.00 , $ 4220320 e/$ 44153.60 $ 235040 55]°0 F h,S Samantha' Lb r(CDL$/31/19>Il 621) 1/22/2018 194 $ 4220320 �$ 44153.60 $ 235040 55% D nick k Lb r(CDL$/31/19>II621) 9/30/2018 125 $ 42 203 20 �$ 44553.60 $ 235040 SS]R F II C It L b r 2/4/2019 091 $ 41,16320 $ 43113.60 $ 235040 5]1% SII,J Laborer 2/4/2019 091 -$ 41,16320 $ 43113.60 $ 235040 5]1% S b g ,Jon* Laborer(CDL 10/29/19>II 11/21) 10/28/2 0.18 $ 41,163.20 $ 43113.60 $ 235040 5]1% Bennedum,Nck' Laborer 11/4/2019 0.16 /$ 43,513.60 $ 235040 5.]1% Vacantposition Laborer(tem p)(25w ks@40hrs) $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.61% Vacan[posi[ion Laborer(tem p)(25w ks@40hrs) $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.65% Vacantposition Laborer(tem p)(25wks@40hrs) $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.65% Vacan[posin. Laborer(tem p)(25w ks@40 hrs) $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.65% Vacantposition Laborer(temp)(25wks@40hrs) $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.65% Vacantposition Laborer(tem p)(25wks@4 Ohrs) designated to par d $ 1530 $ 15300.00 $ 1540 $ 15,400.00 $ 100.00 0.61% V. 1, Laborer(tem p)(25w ks@4 Ohrs) des gnated to par $ 1525 15250.00 $ 1540 $ 1540000 $ 150.00 098% Vacant positron PW Apprentice(40wks@40hrs) $ 15.00 24,000.00 $ 1525 $ 2449000. $ 400.00 1.6]% Vacant positron PW Apprentice(40w1¢@40hrs) ,,. $ 1525 $; 2440000 $ 24,400.00 $ $ 1 0 00 0 V'=P* Planning lHem(15 wks@i3]5hrs-9375 hrs)(' 1 $ 1530 $ 1090125 $ 1540 $ 109]250 $ ]125 0.61% Vacantposr[ron Project Assistant-Eng.(5' @40hrs);Q $ 1530 $ 1],136.00 $ 1540 $ 1]248.00 $ 112.00 0.65% Vacantposition Proj ect Assistant-Comts(300hrs)-records project $ 1530 $ 4,43].00 $ 1540 $ 4,466.00 $ 29.00 0.65% Vacant positron Project Ass stant l T (f ,rs@3]5hrs--1125 hrs)help desk skills $ 1530 $ 1]21250 $ 1540 $ 1]325.00 $ 11250 0.65% Cross ing Guand $/crossing x9/day for 5 days/wk for42 weeks $ 1530 $ 2891].00 $ 1540 $ 29,106.00 $ 189.00 0.65% DAVID GEORGE Town Historian(Stipend paid out Quarterly) $ 1,00000 $ 1,000.00 $ Totals: 2019 Actual Budgeted Salary NOTinduding longevity= $ 3]]1,60325 Total: $4,02415640 $ 296]6955 $ 19,1]0.83 2019 Actual Budgeted Salary including longevity= $ 3]9215325Total+Lg: $4,043]2]23 $ 251.11190 21/19 vv 2020 ��Jr'4ylG4�Y,2��//lV/ f I o", Total%ncr.19 gross vs.20 gross 6]% rzepresenrs i Total i incr 19 gross vs 20 gross(long)- 6.61 $ r774 0-24-55-6 4-01112020 0e - aoereeaeeareo s as �ll��/ l of S /gd/t 6% Normal Ht 515.40 52% line,pos ton 0% 100 00% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of of V (O I�N O N N N N N N V o(p (�j o pj pj o � o r o �vj o iyj o iyj o iyj o r o(p N N (O N N 6 N N fA fA fA fA fA fA fA fA fA fA fA fA ON WN ONI� M(NO OO O M O M O 0 06 O( m M m Op W W VO N N N I� ry N 0 N O H O M O O m M C W c C K (NO (fl N N N 0 V co a` Lo a` N W W (O N (O W W V V m > N r N > N N N r O M W O V W W Q N C m V M M Q N C M N N(NO 00 N- N N N U d Q O V U d Q V m N C W I N N C (m0 N N N N V V K N f K N (»(» (»(» (»(» (»(» (»(» (»(» (»(» NJ o N M 0 N N o 0 0 W� N N W O W� N 0 W I� > V V(O M N I- M N > M N O 0 M O �M O I� o(fl N r O C V V M O M O C M W I�O V V I� V O I� O N T.- NO N Q N NO N a N N O N N O N N O N N m N 0 (fl N O O O M N �fA fA fA fA fA � fA fA fA fA fA fA fA fA fA fA fA fA fA fA y V (O m Oy N 0 0� V V V N(O (O N N N m (fl(fl (fl V N m 00 O M N K O 0 M M N 00 W N V0 M m 0 N N N N N m N O N N N N z v co (+I = -- (»- -- (»(» (»(» (»(» (»(» z r r w ON O M mM r 0(VO OO o(O(O m OV 0 O a WV ON ryN00 ryO OI� WN 0 N O N M 0 O0 M O pp W O N �H 0 a H O M O ppNI� M O N N V M a` Lo a` > N N N 0(�O W(�O > N (00 r O N N N 0 W W V M - O.QC M V N M N M(OHO Q O.Q M N N N N N N ON m Q o. a a e» e»e» e»e» e»e» e»e» e»e» e»e» M V I (fl \ a > V N N I� r M / a10 > N M M W c C Mco co N(00 N M N N N(NO O N W N N Q N W V N N 0 Q W (O W N T. y N N N V 00 w 0 0 O W O M N N M N N 0 N(O (O N O (O I� r K m m 0 m 0 V N O N N N 0 W I� M W M N M N N M N 0 N 0 N W N O 0 0 0 � N N � C7 m 0 0 M N � I� 2 (»(» (»(» (»(» 3 ¢ 3 Li O m O O m to o = o = o = o = o = o = o = x x x } WOV OV OV U) F z r � Q II, LL O N QO 0T�_ J1,V O m ~ a• a•U) N UNI +• ~ Q.0 C7 W '�,,.�V C7 W m y C N N !Z U U z J u'.u,. U) z J ✓,u g m N .Q U U)¢ m ml F H II F H o o `o U.N m F.m m N `0 in in rn (/)m J W IIVO C U J W II U g.v lN yO0Q> UN Q°� � m ON..mu• Ym z U N p Iu �Io > auao 2 Q > o 0O NN < 2 O 0 O T .yim aW m m mo m2 co m O Q m°n� 3sE Qd s d O'� t a o U) > m o in 7 U) > clumi umi O m 2 in a a min a Vz ¢ v c� ao i U ¢ v ¢¢ c� =oa`¢ ¢ n¢ n �o ¢¢ a J y 00 U CO U Item 04b MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Approval of Southern Cayup-a Lake Intermunicipal Water Commission Wap-e Scale and Employee Wap-es for 2020 Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wage scale and wages for Southern Cayuga Lake Intermunicipal Water Commission's (Commission) non- bargaining employees for the year 2020 and bargaining employees as based on the UAW contract at the 2.75% cost of living adjustment; and Whereas, the Commission approved of the employee wage scale and wages for 2020 at their October 17, 2019 meeting; now, therefore, be it Resolved, the governing Town Board of the Town of Ithaca does hereby approve the SCLIWC 2020 wage scale and wages as detailed on the attached sheet. Moved: Seconded Vote: 5, Tifl o L 10 10 oo oo 0 o �° � o � 4 ey IAS 8 s s s 1 s 4'o rqS.omd0.', 1 wo o6OO RN4lol t o Nw X, IM 11 Im OW N � o W m U U U O � a � � T Cro ro N m ro D � J > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 bL ooe O R s o o >. oo o o u�N5 h a o 4.o. 4 6 o P'o R -m o _ q. _ '.0 N G� N N vi v CI M 45.m 0 0\ Z N 1 sA U3 T.sA U3 Ff3 sA U3 w U3 Ff3 Ff3 sA U3 Ff3 sA W LL V ti cV O� O� ti ti � O p ro a < Z N v3 EH: «3 v3 EH:v3 v3 v v3 EH v3 Ffl'v3 / bp P L C H R p 0U ro ro N � J > en 0 0 0 0 0 0 0 0 0 0 0 0 0 77 e O R s co O t O O " 0 0 � Q N O O ll � h G O o E e m a ro A 0 mm i� 0 N N R y F O � O 0 � W R N i--i D Z I-� p Cq 3 a y S N o o OW bL c R U s H w w 3 �o R o H ama m m oN N a R W O N N �D V V OW R O N � N � N O R 0 Q\ a Z N W LL V m "I N N N 'C Z p 0 SG ro N en 0 0 0 0 0 e O R s O v d G Co C lo o oN C7.w ON p N W O O N . Q O M p y W G G R v R a o h a C ro a ro �rob3 0 � A9 O MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019-133: Adoption of the Town of Ithaca 2020 Budget Whereas the Town Board held a public hearing on Monday, October 21, 2019 to hear comments regarding the Preliminary Budget, and Whereas the Town Board discussed the preliminary budget and made the following changes: General Fund - Town-Wide Preliminary Adopted Highway Fund -Part-Town Preliminary Adopted Now therefore be it Resolved that the Town Board of the Town of Ithaca adopts the 2020 Budget with the changes indicated above as the final 2020 Budget. Moved: Seconded: Vote: Ayes - llttr, f y�;II �,f� (Q. fIry � '1�f IUB' 0 Ni. 4 � I'. IllusIf 1 I J,'�I D ((I 11"' "I" � �„� ,���J off-; 1d .Ik 1 !J ,�*”' �trrlutlr"tr��Vurl IViha�, r�r�[1,�71 .'7,1� F: habCuanoc¢;awra Ce.r,.uuunsslll.F Juw September 16, 2019 Dr. Christopher Dunn E.N. Wilds Director of Cornell Botanic Gardens 607.255.6139, cpd55@cornell Mr. William Goodman, Town Supervisor Town of Ithaca Town Board 215 N. Tioga St. Ithaca, NY 14850 Dear Supervisor Goodman and Town Board Members, Cornell greatly appreciated the Town Board's unanimous decision last year at its October 15, 2018 meeting to grant Cornell a five-month-long variance from the application of certain hunting and park use laws, as well as use of an unimproved lane owned by the Town, to allow Cornell's deer management program to operate within the southwest portion of the Coy Glen Natural Area. Building on the successful outcomes from the past year, we are returning to request a 3-year variance extension. Such an agreement will continue to enable hunters in our program to better access the preserve, minimize impacts to neighboring properties, streamline the Town's administrative time and effort, and help the Town further reduce impacts from an overabundant deer population. We take our role as a good neighbor seriously, and we are very pleased to report that our program logged zero complaints from neighbors at Coy Glen last season. In fact, there were zero complaints from the public regarding any activities conducted under the University's 5,200-acre deer management program in 2018-2019. For the portion of the natural area that was made easier to access by the variance, ten hunters accessed the property a total of 22 times, spending 67 hours in the field, and harvesting two antlerless deer. We request that the Town again grant Cornell Botanic Gardens permission to use the unimproved lane, as well as a variance from selected provisions of Town Code §§ 200-3 General regulations and 200-5 Prohibited activities. Our underlying rationale for the request remains the same as last year: like few other Cornell Natural Areas, access to Coy Glen is challenged by extreme topography, and we would like to retain the expanded ingress/egress options to this site. At the October 2018 meeting, Supervisor Goodman stated that the variance was granted for a single season to determine whether any issues with the use arose. Given the administrative work needed to pursue these requests and the success of last year's season, we request that the Town Board grant a three-year term for this use and variance. Cornell's Deer Management Program (https://cornellbotanicgardens.org/deer/) will be operating under the same guidelines as last year. For additional details concerning the request, please see the letter submitted last year, as well as the minutes of the Town Board's discussion of Cornell's previous request, copies of which are enclosed. Thank you for supporting our efforts to protect and preserve Coy Glen by considering our request for access for general purposes and for three-year variances of the relevant Town Code provisions that would facilitate selective access by the hunters who are vital to our safe and effective deer management program at Coy Glen. If you have any questions or wish to discuss this further, we hope you will contact Mike Roberts, Natural Areas Project Manager, ! . ... ::.: .::.'..�..�..:..."..:j.. ., (845) 905-5872. Sincerely, Christopher P. Dunn, PhD The Elizabeth Newman Wilds Executive Director Cornell Botanic Gardens + � 11 +� } l� i un rY✓e d 'iii i B (D t"4I C b 1uro h t n i fruk f 'ft ,iii ' �"�' o uro urrbl'16z�i i�nrrvn+rroi'�;ro`.+'rr,t E: l)otan icgardeins@carraell.edLI September 6, 2018 Dr. Christopher Dunn E.N. Wilds Director of Cornell Botanic Gardens 607.255.6139, cpd55@cornell Mr. William Goodman, Town Supervisor Town of Ithaca Town Board 215 N. Tioga St. Ithaca, NY 14850 Dear Supervisor Goodman and Town Board Members, Cornell Botanic Gardens was pleased to learn of the Town's impending acquisition of a portion of Coy Glen abutting land the Town already owns on Culver Road to establish a Town Preserve. Cornell Botanic Gardens has a long history of caring for the portion of Coy Glen that was gifted to Cornell by the late John Babcock as a natural area in 1996. We believe the Town's and Cornell's stewardship goals for Coy Glen's protection will be in close alignment and that our cooperation in certain programs and areas may prove mutually beneficial. Like at many of the Cornell Natural Areas, access to Coy Glen is challenged by extreme topography, and when necessary we have worked to secure agreements with neighbors to expand our ingress/egress options. It is to this end that we are contacting you. Our request is two-fold. First, we would like your permission to use the currently unimproved lane approximately shown in red on the attached aerial map. This route would give Cornell Botanic Gardens improved access to portions of Coy Glen for purposes of education and research including but not limited to class field trips, the study of rare botanicals and investigations into Hemlock Wooly Adelgid treatment efficacy. Second, if such access permission is granted, we would like to be able to allow hunters, whom we selectively permit to hunt deer at Coy Glen through our deer management program, also to use this lane under our management, as described below. For such access we request variances from selected provisions of Town Code §§ 200-3 General regulations and 200-5 Prohibited activities. As you probably know, managing the deer population can be critical to ecological stewardship of natural areas, and for preserving the unique educational and research opportunities this site affords. This is most definitely the case at Coy Glen. Cornell Botanic Gardens has managed and overseen a deer hunter program on 5,300 acres of land for the University, including Coy Glen, always putting public safety first. Relevant to this request, hunting at Coy Glen has been safely and effectively implemented there since 2009. The program is open to the members of the public who meet our rigorous standards. We perform background checks, ask applicants to read and agree in writing to a comprehensive set of rules, regulations and a code of conduct, on which they must subsequently pass a test before being admitted to our program. All of this information, as well as an overview of the University's Deer Management Program, is available on our webpage (https://www.cornellbotanicgardens.org/our-gardens/natural- areas/stewardship/deer), which we invite and encourage you to review. For your convenience we have attached a paper copy of the most relevant extracts from the webpage. You may know that Cornell Botanic Gardens has an existing right-of-way on the extreme western end of the Town property (shown in green on the attached aerial map). However, the topography makes this single access point insufficient for the purposes of educational and stewardship activities as well as hunting across our site. We are aware that Town Code §200-5.E. prohibits the possession of firearms on Town property designated as a park, trail or recreational facility. If our request for general access is granted, then we request that the Town Board grant us a variance allowing vetted participants in the Cornell hunting program to transport their unloaded firearms (including archery equipment, shotguns and muzzleloaders) over this lane for the purpose of reaching and hunting in selected areas of Cornell's portion of the Coy Glen. We are also aware that access to public parks is limited to those times in between % hour before sunrise, and % hour after sunset (Town Code §200-3.A.). Given the importance for hunters to access their stands well before sunrise, and as deer hunting-related activities (but not actual shooting) may keep a hunter in the field well beyond the allowed evening time, we also request a variance from this provision. As described below, we believe the requested variances meet the criteria set forth for variances at Town Code §200-9 Variance, for approval by the Town Board and respectfully request that this letter serve as our application for the same. Granting the variances requested will benefit the Town. The benefits of a safely managed deer population reduction program at Coy Glen extend beyond the boundaries of our property and support the Town's intention, as we've been given to understand it, to manage deer within its bounds by reducing the negative effects of deer over-population on the landscape, and by providing proof of concept for institutions and municipalities who wish to establish their own management programs. Safe and responsible management of deer herds in the Town, as performed on Cornell University-owned lands, is compatible and complementary to the Town's goals for managing deer. In addition, it has a spill-over benefit to citizens' privately-owned parcels of land and their driving safety. We do not believe there is any detriment to the community. Adequate numbers of deer are always left for repopulation and for the deer-watching enjoyment of the community. Indeed, not granting the variance would be more likely to cause a detriment to the community due to over-browsing of ornamental plantings, greater risk of car-deer collisions, even health risks to the herd itself from over-population, than granting it would. Additionally, Coy Glen is a Tompkins County Unique Natural Area due to its significant floral, faunal and geologic features. It has also been designated by the State of New York as a Critical Environmental Area for these same features. As such, we feel it warrants the requested variance in order to provide this prescribed stewardship. The variance requested is limited to a single location, for use by a strictly limited number of pre-qualified individuals. The variance itself would not allow hunting to occur on the Town's property. Cornell Botanic Gardens only requests a variance for this narrow access lane. Our management program carefully limits the number of users at a site by restricting reservations for discrete time periods. To the managed, Cornell-owned portion of Coy Glen that is the subject of this variance request, only two hunters will be allowed on site at any given time. Thank you for supporting our efforts to protect and preserve Coy Glen by considering our request for access for general purposes and for variances of the relevant Town Code provisions that would facilitate selective access by the hunters who are vital to our safe and effective deer management program at Coy Glen. If you have any questions or wish to discuss this further, we hope you will contact Mike Roberts, Natural Areas Project Manager, rn..6.��5( �„ „ �� II„ � , (845) 905-5872. Sincerely, Dr. Christopher Dunn Extracts from Cornell University's Deer Management Program Webpage Cornell University is addressing chronic deer overpopulation on its lands through an Integrated Deer Research and Management Program (IDRM). The program is designed to reduce unacceptable damage to University resources and plant collections, promote the teaching and research mission of the University, and to reduce associated human-health and safety risks such as Lyme disease and deer-vehicle collisions. To successfully implement the IDRM program, Cornell relies on the assistance of dedicated volunteers, stewards, neighbors, and other conservation partners to participate and support our highly managed hunting program. Rules and Regulations All hunters are expected to follow all Cornell University Lands Hunting Program Rules and Regulations, and to conduct themselves in a safe and ethical manner. Hunters that meet these criteria will remain eligible for annual renewals. In addition to these general Cornell University Deer Hunting Program Rules and Regulations, all hunting activities must be conducted in accordance with the conditions stated on the approved permit and for program and hunting zone specific rules and regulations. Permits& Licenses • A Cornell University issued permit is required to legally hunt on University-owned lands. Hunters must possess a valid NYSDEC big game license before applying for a Cornell University Hunting Permit. • The Cornell University Hunting Permit is specific to the hunter, and may not be used by or assigned to any other individual.The permit must be presented upon demand to any Cornell official or Law Enforcement officer.The University reserves the right to revoke this permit at any time. • Online permit applications will be accepted in mid to late August through October 15. Applications will not be accepted after this date.To apply, hunters must agree to a Cornell University Police criminal background check. • Hunters shall comply with all state and local laws and ordinances governing hunting activities. Access • Note that many archery sites remain open to the public during hunting season, but firearm sites are closed to the public during respective firearm seasons. Please be aware of hiking trails, do not hunt within 30 yards of trails, and be courteous to other users. • Hunters must visibly wear their Cornell hunting program identification tag (supplied with permit) on their person, and display their parking permit in their vehicle dashboard at all times while hunting. • Use of vehicles on University owned lands is prohibited. Hunters must hike into and out of all hunting areas from designated parking areas. Hunters who possess a NYSDEC Non- Ambulatory Hunter Permit should refer to program websites for exceptions. • To keep on good terms with our neighbors, do not enter a neighbor's property to track deer without their permission. • Hunters are required to wear 250 square inches of solid or patterned blaze orange or fluorescent pink hat and/or vest at all times while deer hunting during firearms seasons in areas where firearms are permitted. Archery only areas are exempt from this rule. Hunting Activities • Only white-tailed deer may be hunted. • It is the hunter's responsibility to know the hunting seasons and legal hunting implements for New York State and for each Cornell Deer Management Program site. Firearm use is prohibited in bow and crossbow management zones. • A hunter may be accompanied by no more than one non-hunter (e.g., spouse, child, friend,etc.).The non-hunter 1) must stay with the hunter at all times, 2) may not carry a weapon, and 3) may not trade roles with the hunter while in the field. The hunter agrees to take full responsibility for a child, to keep the child within sight and reach, and to directly supervise the child at all times. • Tree stands and ground blinds are allowed. All tree stands and ground blinds must be legibly marked with owner's first and last name and phone number. Any tree stand or ground blind that pierces the bark on a tree is PROHIBITTED. No permanent tree stands or screw-in tree steps may be used. Cornell is not responsible for stolen tree stands or ground blinds. Small tree limbs (< 1 inch diameter) may be trimmed to set up the tree stand or ground blind, but not for clearing shooting lanes. Only commercial ground blinds may be used.To preserve Cornell lands, hunters may not collect and use surrounding wood, brush, or vegetation to further blend in their commercial blind. Hunters may install temporary tree stands and ground blinds two weeks before archery season and must remove them no later than one week following the conclusion of the hunting season. To cover the cost of removing stands that do not comply with these regulations, hunters will reimburse Cornell Botanic Gardens$75. • Hunters must make reservations through the deer hunting reservation system to hunt. Reservations must be removed if hunters are not able to hunt on the reserved day. Repeated failure to remove unused reservations will result in the hunting permit being revoked. • Hunting and harvest activity must be reported within 3 days of hunting. You will not be able to make additional reservations until reporting activity is completed. Completing hunting activity and harvest reports for unfilled/non-hunted reservations is also required. • All participants are expected to initiate proactive communications with the University deer management program administrator should problems arise in the course of their activities at cudeerhunting@cornell.edu. • Rifle hunting is prohibited. • If you harvest an antlered deer, you will be required to harvest an antlerless deer within two years to maintain eligibility in the program for future years. • No fires, camping, or littering. • Use of drugs and alcohol will not be tolerated. Failure to comply with any of the above rules will result in a warning or immediate termination of hunting privileges. Blatant disregard for Deer Hunting Rules and Regulations will result in permanent loss of hunting privileges on Cornell University lands. 7 1 i9 �r cz cu cu r �/jig iii j� r� t i iY �,a Meeting of the Ithaca Town Board Monday, September 24, 2018 at 4:30 p.m. Agenda 1. Laserfische Municity presentation 2. Discuss request from Cornell Botanical Gardens for a variance/access license through the Town's Culver Rd property for various activities 3. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 4. Report of Town Officials 5. Consent Agenda a. Town of Ithaca Abstract 6. Executive Session—to discuss the possible acquisition of real property where open discussion may affect the price Meeting of the Ithaca Town Board Monday, September 24, 2018 at 4:30 p.m. Minutes Board Members Present: Bill Goodman, Supervisor; Pamela Bleiwas, Pat Leary, Eric Levine, and Rich DePaolo Absent: Rod Howe and Tee-Ann Hunter Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Paulette Rosa, Town Clerk, and Jasmin Cubero, Deputy Town Clerk L Laserfische Municity presentation— Ms. Rosa and Ms. Cubero gave a brief presentation and answered questions from the Board. Ms. Rosa stated that this is still a work in progress but the time savings has been incredible for research purposes by replacing the clunky green folders that were stored downstairs. Mr. DePaolo asked about the search capabilities and Ms. Rosa demonstrated on his address. The more information you know about your desired document, the faster it will get there, but there are multiple ways to search; tax parcel, address, type, building permit number etc. Mr. DePaolo asked where the servers reside and Ms. Rosa responded that Laserfische is located at the County and Municity is here at Town Hall; the County is updating their server and the Town just updated our server. Ms. Hunter asked about scanning and if we can apply for a grant to get further documents scanned and Ms. Rosa responded that the County Shared Services Group is the only avenue for grants in this area but they are adding more and more municipalities and whenever she is able to she adds our documents to the plan. Ms. Rosa reminded the Board that the plan is to go to public access through the TSSER website portal which allows research but no changes or additions to documents. The desktop Laserfische allows us to make changes and additions whenever they are needed which is very useful when a tax parcel number changes or an address and the documents are linked to Municity so when a change occurs, everything follows. Ms. Cubero added that staff can access Laserfiche through the portal now with our own password for research out in the field or at home. 2. Discuss request from Cornell Botanical Gardens for a variance/access license through the Town's Culver Rd property for various activities —Mark Roberts (Attachment 1 — memo) TBS 2018-09-24 Pg. 1 Mr. Roberts gave an overview of the request and answered questions from the Board. The Board was mainly concerned with allowing firearms on the preserve and Mr. Roberts noted that the hunters allowed on the Cornell lands they are seeking access to are thoroughly vetted and can access through an existing easement through the preserve to the West and this is simply a request for access through a more accessible lane. Ms. Rosa noted that the west access is along her property line and her dogs do bark at them and probably scare their intended deer away and she is in favor of deer culling so she is in favor of alternate access and/or multiple access points. Mr. DePaolo asked about hunting seasons and how active the program is and Mr. Roberts explained the different seasons and that only two hunters are allowed on each section of their land and both are very large. Hunters usually enter pre-dawn and exist after dusk. Mr. Levine would like to see this allowed but narrowly drawn up out of concern for similar requests in other preserves so it should be very specific to the Cornell land. Ms. Hunter was concerned about the closeness of hunting to the preserve but Ms. Rosa reminded her that access is still possible through the current right-of-way near her house. Mr. DePaolo was concerned about October when people may still be in the area and he was in favor of granting the license for a limited"trial" type of basis to allow for changes if issues arise. Mr. Roberts noted that more than hunters may be accessing this point of entry but Mr. Goodman responded that anyone can be in the public land for the passive activities allowed so that would cover the students or educational purposes unless they wanted access outside of the stated hours of a town park. Mr. Goodman summed it up by saying that the Board seems to be generally in favor and he will move the item to a future meeting when a draft is ready. Mr. DePaolo noted that the memo implies that the Town "has an intention to control deer" and that hasn't come through committee yet or been implemented, so the statement is a little misleading. 3. Committee Reports Budget—Mr. Levine reported that the tentative budget was discussed and he called out the excellent highlights before each section. They also discussed a typical tax for a property will go up $6.11 of.44%which is quite low, however we will not be within the tax cap because of the water and sewer increase. Sales taxes are up a 107% from last year. TBS 2018-09-24 Pg. 2 Meeting of the Ithaca Town Board Monday, October 15, 2018 at 5:30 p.m. AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and board comments 3. 5:30 p.m. Public Hearings: a. Proposed increase to the Town of Ithaca sewer rents effective January 1, 2019 i. Consider Approval b. Town of Ithaca 2019 Preliminary Budget 4. Discuss and consider the Southern Cayuga Lake Intermunicipal Water Commission's increase of the Water Rate Charges Effective January 1, 2019 5. Discuss and consider amendments to the Town of Ithaca 2019 Budget a. Consider adoption of the 2019 Town of Ithaca Budget 6. Discuss and consider a request from Cornell Botanical Garden for a variance from Town of Ithaca Code Chapter 200, 3-A"Regulations" and 5-E "Prohibited Activities"to allow for access to their property through the Culver Rd Preserve by program hunters 7. Discuss and consider Town acceptance of Aster Lane 8. Acknowledge receipt of inspection reports of the Ferguson (Laughing Goat) and Cummins (Indian Creek Farm) Agricultural Easements 9. Discuss and consider a resolution in support of Tompkins County's ban on single-use plastic bags 10. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of Laborer—Public Works e. Recommendation to the Tompkins County Legislature -- Environmental Management Council Member 11. Report of Town Officials 12. Report of Town Committees/Intermunicipal Organizations 13. Review of Correspondence 14. Consider Adjournment not for these new taller buildings which are built to high-rise standards which are designed to do the firefighting from the interior of the building. Mr. Schoch and Mr. Talbut discussed their highlights; the new park site at East King and the Michigan Hills Trail connection and money for overlay on many of the trails as well as continuing with invasive species control and prevention. Mr. Talbut added that he did request some money for training also. Mr. Slater stated that improvements continue in the Northeast and a small increase in the equipment line. Mr. Goodman moved Item 6 up due to Mr. Roberts being present to answer any questions. Moved up Item 6 Discuss and consider a request from Cornell Botanical Garden for a variance from Town of Ithaca Code Chapter 200, 3-A "Regulations" and 5-E "Prohibited Activities" to allow for access to their property through the Culver Rd Preserve by program hunters Mr. Goodman reviewed the previous discussions on this and noted that this resolution is for a single season to see if there are any issues. (Attachment 2) TB Resolution 2018 - 130: Granting a variance from the Town of Ithaca Code, Chapter 200 "Parks & Recreation Areas" to allow access to Cornell Botanical Gardens hunting program participants Whereas, Cornell Botanic Gardens has requested a variance from Town Code Sections 200-3.A and 200-5.E to allow the hunter participants of its Deer Management Program to possess unloaded firearms (including archery equipment, shotguns and muzzleloaders) while traveling on the unimproved lane on the Town's Culver Road Preserve to access Cornell's adjacent Coy Glen Natural Area, and to allow the hunter participants to be on the unimproved lane on the Culver Road Preserve outside of the allowed period of�/2 hour before sunrise and �/2 hour after sunset, and Whereas, the Town Board has discussed the request and determined that good cause exists for a time limited variance, now therefore be it Resolved, that the Town Board grants a variance to Cornell Botanic Gardens from Town of Ithaca Code Sections 200-3.A "General Regulations" and 200.5-E "Prohibited Activities" to allow its program hunters to possess unloaded firearms (including archery equipment, shotguns and muzzleloaders) while traveling on the unimproved lane on the Town's Culver Road Preserve to access Cornell's adjacent Coy Glen Natural Area, and to allow the hunter participants to be on the unimproved lane on the Culver Road Preserve outside of the allowed period of�/2 hour before sunrise and �/2 hour after sunset, with the following conditions: This variance is limited to the unimproved lane shown in the Cornell Botanic Gardens application, and all firearms possessed by program hunters on the unimproved lane must be unloaded. This variance shall expire February 1, 2019; the Town Board may TB 2018-10-15 Pg. 2 consider an extension upon Cornell's Botanic Gardens' application for an extension. Findings: The Town Board finds good cause to grant this variance. The benefit to the Town outweighs the detriment to the applicant that would result from the strict enforcement of Chapter 200 for the reasons stated in the Cornell Botanic Gardens application as well as for the following reason: Cornell currently has an access easement across the Culver Road Preserve granted by a previous property owner that does not restrict Cornell's ability to possess loaded or unloaded firearms or the hours of access. The access easement is located in an area of steep topography; the unimproved lane provides a safer route across the Culver Road Preserve for the program hunters. This safer access and the requirement that firearms must be unloaded benefit the Town by reducing the possibility of accidents on the Preserve. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes—Howe, Bleiwas, Hunter, DePaolo, Goodman, Levine and Leary 3. 5:30 p.m. Public Hearings: a. Proposed increase to the Town of Ithaca sewer rents effective January 1, 2019 Mr. Goodman opened the public hearing at 5:54 p.m. There was no one wishing to address the Board and the hearing was closed. TB Resolution 2018 - 131: Increasing Sewer Rents in the Town of Ithaca Sewer Improvement Area Effective January 1, 2019 Whereas, the Town Board of the Town of Ithaca wishes to revise the sewer rent schedules for the Town of Ithaca Sewer Improvement Area; and Whereas, a public hearing, duly advertised and posted as required by law, was held at 215 North Tioga Street, Ithaca, New York on the 15th day of October 2018, and the public was permitted an opportunity to be heard on the proposed increase; 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 adoption of the proposed resolution is a Type H 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 this action is not subject to review under SEQRA; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby establishes and imposes the following: (1) Effective January 1, 2019 there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at a rate of$4.91 per 1,000 gallons of water consumed. TB 2018-10-15 Pg. 3 Item 06 MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Approval of an extension of an existinp-variance from the Town of Ithaca Code, Chapter 200 "Parks & Recreation Areas" to allow access to Cornell Botanical Gardens hunting prop-ram participants Wheceas, Cornell Botanic Gardens (Gardens) received avariance from -[nvvu Code Sections 200-3.A and 200-5.E in allow the hunter participants of its Deer Management Program in possess unloaded firearms (including archery equipment, shotguns and muzzleloaders) while traveling on the unimproved lane on the Town's Culver Road Preserve to access Cncuell's adjacent Coy Glen Natural Area, and to allow the hunter participants tn be on the unimproved lane on the Culver Road Preserve outside of the allowed period of'/2 hour before sunrise and 1/2 hour after sunset iu20|A. and Whereas, the Gardens have requested a 3-year extension of the variance, and Wheceas, there were no complaints ncissues communicated tnthe Town in 2018 regarding this variance and its implementation, and Whereas the Town Board discussed the request and determined that good cause exists for au extension n{the variance, now therefore heii Resnlved, that the '[nvvu Board grants an 3-year extension of the variance in Cornell Botanic Gardens from '[nvvu of Ithaca Code Sections 200-3./\ ''[|euecal Regulaiinus" and 200.5-E "Prohibited Activities" in allow its pcng7acu hunters to possess unloaded Dceaccus (including archery equipment, shotguns and muzzleloaders) while traveling nuthe unimproved lane on the Town's Culver Road Preserve tnaccess Cncuell'saJ|aceutCoy Glen Natural Area, and to allow the hunter participants tn be on the unimproved lane on the Culver Road Preserve outside of the allowed period of 1/2 hour before sunrise and 1/2 hour after suuset, with the following conditions: This variance islimited tnthe unimproved lane shown iuthe Cornell Botanic Gardens application, and all firearms possessed by program hunters nuthe unimproved lane must be unloaded. This variance shall expire February |. 2022; the Town Board may consider another extension upon Cncuell'sBotanic Gardens' application for auextension. Findings: The Town Board finds good cause to grant this extension of the existing variance. The benefit to the Town outweighs the detriment to the applicant that would result from the strict eu{nccecueut of Chapter 200 for the reasons stated in the Cornell Botanic Gardens application aswell asfor the following reason: Cornell currently has an access easement across the Culver Road Preserve granted by previous property owner that does not restrict Cncoell's ability to possess loaded or unloaded firearms ncthe hours n{access. -[heaccesseasecueutislncaiedivauacean{steep Item 06 topography; the unimproved lane provides a safer route across the Culver Road Preserve for the program hunters. This safer access and the requirement that firearms must beunloaded benefit the Town byreducing the possibility n{accidents nuthe Preserve. Moved: Seconded: \/oir: 4`rs - TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: OCTOBER 15, 2019 RE: ANNUAL AGRICULTURAL CONSERVATION EASEMENT INSPECTIONS - LAUGHING GOAT FIBER FARM - INDIAN CREEK FARM Attached are copies of the completed Annual Monitoring & Inspection Reports for the Laughing Goat Fiber Farm (Lisa& Gary Ferguson, Sheffield Road) and the Indian Creek Farm (Stephen Cummins, Trumansburg Road). The Town's Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program and both easements require an annual inspection to be completed by the Town, with the results reported to the Town Board. I conducted the site inspection for Laughing Goat Fiber Farm on September 17'h and the site visit for Indian Creek Farm on September 25', and the results are described below. Along with the attached Annual Monitoring & Inspection Forms, there are several photos of each property and new 2018 aerial maps with notes added. I have also included the farm brochure from Indian Creek Farm, since it easily shows where all the crops are this year. Copies of the reports were sent to both landowners. The Indian Creek Farm report was also provided to NYS Department of Agriculture & Markets, as required by the easement. The Indian Creek Farm property was found to be in compliance with the terms of the easement. The only significant change was the construction of a new pole barn in the Farm Area, which is allowed in the easement. During the site visit to Laughing Goat Fiber Farm, one issue was identified that does not comply with the terms of the easement. The landowners had ground mounted solar panels installed within the easement area. They had them installed higher than is usually done for ground mounted panels so they could graze their animals underneath them, but it would not be usable for crops or other agricultural uses. Unlike newer Town agricultural conservation easements, the 2003 easement language for this farm does not mention any accommodations for solar or any type of renewable energy structures. It is suggested that the Town and the landowners work to modify the easement language, based on the easement language the Town has used in more current easements, to allow renewable energy structures to be placed in the easement area. The easement does contain provisions for amending the easement, which includes holding a public hearing and the Town Board vote authorizing the change will need to be a majority plus one. Since we are considering amending the easement for the solar panels, the landowners would also like to request a modification to the section regarding the maintenance mowing. There is one area on the southern end of one of the fields that is frequently wet and difficult to mow or use. The farmer that takes hay off this field has not been able to get to this small area this year. Unfortunately in the easement language, it is required that all areas being farmed at the time of the easement being placed on the property, must be mowed at least once a year to make sure it can return to farming in the future, except under specific circumstances (planting Christmas trees,planting fruit or nuts trees, etc.). The landowners would like to request approval for this small area to remain unmowed, since they have not been able to consistently use this portion of the field. The agricultural conservation easements that the Town has done since this does not have this requirement, nor does the current model easement from NYS Department of Agriculture & Markets. Please contact me at 273-1747 or email me at n s� 1p„II �r towpa.ptl� �; .paw if you have any questions. Enc. �lr Annual Monitoring & Inspection Report Agricultural Conservation Easement Town of Ithaca Date of Visit: September 17, 2019 Easement Name: Current Landowner: Ferguson Agricultural Conservation Easement Lisa &Gary Ferguson Address/Location of Property: Address: East Side of Sheffield Road 1485 Mecklenburg Road 285' South of Mecklenburg Road Ithaca, NY 14850 Tax Parcel No.(s): Phone #: 28-1-1.3 607-273-9212 Acres under CE: Other Contact Person: 42.35 acres n/a Was the landowner contacted prior to visit? X Yes No Has ownership changed since last inspection? Yes X No Was landowner consulted during visit? X Yes No Did landowner tour property also? Yes X No Description of Current Land Uses: Agricultural - goat/alpaca/goat farm Easement property contains open fields, pastures, woods, low brush areas and a barn. Describe current Agricultural activities (and any changes since the last inspection): No changes since last inspection. Open fields have been cut or are in pasture this year. Portable electric animal fences/netting and small movable animal shelters are located around the property. A small area on the southern end of the western field has not been mowed/cut. Landowner said it has been too wet to mow and couldn'teg t equipment onto the slope. List all man-made alterations made since the last inspection visit: There is a small wood tent platform located to the east of the hedgerow. Ground mounted solar panels have been installed on the norhtern end of the property. Do all changes comply with the terms of the easement? Yes X No Comments: The solar panels do not appear to be allowed according to the conservation easement. It is recommended that the landowner and Town Board modify the conservation easement to allow alternative energy activities. The landowner and Town Board may also want to discuss an additional modification to allow the small section of field to be taken out of production and allowed to grow up eventually to forest. List any observed natural alterations, or alterations beyond landowner's control: None. Other observations, comments, and recommendations: None. Describe any contact and discussions with landowner during visit: Spoke briefly with the landowner at the end of the inspection - deer hunting - solar panels - etc. Reminders for next monitoring visit: None. Attach as needed maps,photos, and illustrations. Name of Inspector(s): Michael Smith, Senior Planner Signature(s): Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1747 www.town.ithaca.ny.us April 16,2013 � 4 Ts;4a.`,491"A sXrTI �',,'t fi T—ir ;jr 09WM G) A1"lilla.�,d Pfic),tc),fi 1 —looking southeast from northwest corner of 2—looking south from northwest corner of property property, including barn along Sheffield Rd 3 —looking east from Sheffield Rd over open fields at 4—looking east from Sheffield Rd across field towards animal shelters and pastures the hedgerow r r � � rr f r 5 —looking south at area of field closest to Sheffield 6—looking north from southwest corner of property Road that hasn't been cut this year along Sheffield Rd rIMF r%J �/ i i 111J, tl �r1r p t "AO I'Y14�P4�, P11],r,ci I'a�'a 1'Vlc4'11a1r,:I f;ciiiPl�„ f;r,cii41�1'Iflciiir,�, 14���cz4�1 1P11a��e;�� Agri(c,,ulfux�,,,d f)9 MI) Arijru,,,,d Pfic),tc),fi 7—looking west within the woods 8 —looking north along the east side of the hedgerow at the edge of the woods 9—looking north at the wood platform on the east side 10—looking north from the platform along the east of the hedgerow side of the hedgerow ........... 11 —looking east at the new solar panels 12—looking east at the new solar panels N' NWU �tl � q 'a� P i �I Annual Monitoring & Inspection Report Agricultural Conservation Easement Town of Ithaca Date of Visit: September 25, 2019 Easement Name: Current Landowner: Indian Creek Farm Conservation Easement Stephen T. Cummins Address/Location of Property: Address: 1408 Trumansburg Road 1408 Trumansburg Road Ithaca, NY 14850 Tax Parcel No.(s): Phone #: 24.-1-25.21 607-227-6147 Acres under CE: Other Contact Person: 41.658 acres n/a Was the landowner contacted prior to visit? X Yes No Has ownership changed since last inspection? Yes X No Was landowner consulted during visit? X Yes No Did landowner tour property also? Yes X No Description of Current Land Uses: U-pick fruits and vegetables, farm stand, fruit tree nursery,woods, two residences, several supporting barns and sheds,parking areas and access drives,material and equipment storage, and a playground Describe current Agricultural activities (and any changes since the last inspection): Orchards, fruit and vegetable fields, fruit tree nursery, farm stand Some crops have been moved around the property and additional ones on the adjacent leased cemetery_ property. List all man-made alterations made since the last inspection visit: A new 60'x 94'pole barn has been constructed in the Farm Area. The new barn has a dirt/gravel floor. The main residence has a new roof and is currently being sided. Do all changes comply with the terms of the easement? X Yes No Comments: List any observed natural alterations, or alterations beyond landowner's control: None. Other observations, comments, and recommendations: See the attached 2019 farm brochure which includes a map showing where the current crops and other parts of the farm are located. Describe any contact and discussions with landowner during visit: Spoke with landowner at the end of the visit at the farm stand-how season is going -new barn -cemetery lease -etc. Reminders for next monitoring visit: None. Attach as needed maps,photos, and illustrations. Name of Inspector(s): Michael Smith, Senior Planner Signature(s): . Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 1 18!21 , (607) 273-1747 www.town.ithaca.ny.us y0 April 16,2013 hi(fiat, C ek Faim wn7 �Ni��V�JI.�gYP,II ,4,,�V„m °/Y',��k PV a�,„md �V� ";.PVA Qp; r "wPVP.ma] ph4,,� os 1 —looking northwest at main residence—new roof 2—looking southeast at main residence—new roof and and siding siding e .....a �; M9 3 —looking northeast at the new pole barn 4—looking north at the main entrance to the new pole barn r r M' hd N 5 —looking southeast at rear entrance to the new pole 6—looking in new barn at storage of equipment and barn materials � y s- r( y�rlrlr, ��”➢ud��P+�� P,�:��<� mu�uw : IPi�u�,�u���°,� '�,mnuuP�ii.. 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CIS a w o u °�.�.° � �I l ii LAYG R O VNO TO EXIT ROAD & VEGETABLLES ������ p�������� "IVuuuuuuuuuuuuuuuuuuur I �uu mb �w a Vuuuuuuuuuuuu "Ik' I uuuuumuuuuuuuiiiii � �" iiiluulli �u V yy � 'I�"' ,h �� uuuuuuuuuuuu'liliuuuuuuuuuuViiluuullm I I���El�dll� uu�yl�YY�l w�W'b tl ��' �� •" �u �' � �ti " � �mow. IVm�cw^�u TO EXIT ROAD S378d13J3n '� Sf1S1f11N 04I IIIIIIIIIIIIIIIIIIIIIIIIIIII I�'I'I'I�IRILI�IIII�lllllllllllllllllllllllllllluuuuuuuuuuuuuuuuuuuuumuuoiiiiii .... ... muuuuuuuuuuuuuuuuuuuuuuuuuuullllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll TOWN OF ITHACA and TOWN OF DRYDEN Inter-Municipal Agreement Between Town of Dryden and Town of Ithaca Regarding Maintenance, Management, Use and Control of the Apple Orchard PRV and NYS Route 366 Water Main THIS AGREEMENT (the "Agreement") is made and entered into effective this I" day of October, 2019, by and between TOWN OF DRYDEN (hereafter "Dryden"), a municipal subdivision of the State of New York situate in Tompkins County with offices at 93 East Main Street, Dryden, New York 13053 and the TOWN OF ITHACA, (hereafter "Ithaca"), a municipal subdivision of the State of New York situate in Tompkins County with offices at 215 North Tioga Street, Ithaca, New York 14850 (Dryden and Ithaca are sometimes herein jointly referred to as the "Parties" and severally as a "Party"). WITNESSETH: WHEREAS, Dryden is the sole member municipality of the Southern Cayuga Lake Intermunicipal Water Commission (hereafter "Bolton Point") lacking a direct physical connection to the Bolton Point water transmission main within its municipal boundary, and Ithaca, Dryden and Bolton Point have historically utilized the Apple Orchard Pressure Reducing Valve (hereafter"Apple Orchard PRV") and NYS Route 366 water mains (hereafter "Mains") as a secondary source of supply for the Ithaca Sapsucker Woods Tank and Dryden Distribution System; and WHEREAS,recent development within the Town of Dryden necessitates the need to provide an alternative source of supply for the Dryden water distribution system, Ithaca does not have sufficient capacity within its Sapsucker Tank to adequately supply Dryden and its future development, and this increased development,demand,and need necessitates the need to provide a primary source of water supply to Dryden through the Apple Orchard PRV and Mains, and Dryden desires that the Apple Orchard PRV and Mains become the primary source of supply for the Dryden Distribution System, and Dryden desires to utilize and control the Apple Orchard PRV and Mains on behalf of the several Dryden water benefit districts presently relying upon the continual supply of Bolton Point water, and Ithaca is willing to agree to permit Dryden to utilize and control the Apple Orchard PRV and Mains for the purposes of extending, expanding, repairing, replacing and maintaining this infrastructure for the co-benefit and use of Dryden, upon the terms and conditions hereinafter stated; and WHEREAS, Ithaca will retain the ownership interest in the Apple Orchard PRV and Mains and their remaining capacity for the benefit of continuing service to its parcels in respect of its town-wide Article 12- C water improvement area, and at present the only Ithaca parcels having a water connection utilizing the Apple Orchard PRV and Mains are Cornell University facilities, and WHEREAS,the Town Board of Ithaca, on October 21, 2019, adopted a Resolution entitled "Apple Orchard Water Main Agreement with Town of Dryden" a resolution authorizing the Supervisor of the Town of Ithaca to enter into an agreement", a copy of which resolution is hereby annexed and marked Exhibit A and made a part hereof as though fully set forth herein; and WHEREAS, the Town Board of the Town of Dryden, on [date], adopted a Resolution entitled "Apple Orchard Water Main Agreement with Town of Ithaca" a resolution authorizing the Supervisor of the Town of Dryden to enter into an agreement" a copy of which resolution is hereby annexed and marked Exhibit B and made a part hereof as though fully set forth herein. In light of the foregoing approvals and recitations, which are a material part of this Agreement, the Parties now AGREE as follows: 1. Current Ithaca parcels connected to the Mains (mainly between the Apple Orchard PRV and Game Farm Road) will continue to be Ithaca customers and billed for water consumption and any Ithaca District indebtedness. A map and list of facilities that are currently serviced by the Main are contained in Exhibit C hereof. 2. Exhibit D contains an estimate of the remaining capacity in the Apple Orchard PRV and Mains (the "System"), and represents the remaining capacity allocable to Ithaca prior to being required to pay for, or contribute to, any upgrades or improvements to the System. Once the hook-ups and amount of water delivered to Ithaca exceeds the capacity listed in Exhibit D, Dryden shall undertake improvements to the System, including but not limited to increasing main sizes or System capacity,to continue to serve both the Ithaca properties and any needed flow rates or capacity for Dryden districts and authorized users. 3. Any new connections to the Main after the effective date of this Agreement shall be subject to prior review/approval of Dryden, which may not be unreasonably withheld unless Ithaca's capacity has been exceeded and Ithaca and Dryden have not come to agreement upon the allocation of costs for System improvements. 4. The termination or abandonment of any existing Ithaca customer connections shall be completed at the Main per Bolton Point Standards in a timely manner. 5. Dryden hereby undertakes all responsibility for the testing, management, inspection, maintenance, repairs to, and replacement of the System and its appurtenances, and all related costs thereof, and accepts each and all such components, appurtenances, and the Apple Orchard PRV, Mains, and System is their respective and collective present "AS IS, WHERE IS" location and condition, without recourse. Dryden is responsible for all system upgrades and capacity improvements, except as may be required by paragraph 2, above. For the purposes of clarity, Dryden is also responsible for: (i) mowing and any building and grounds maintenance for Apple Orchard PRV and Main locations and improvements; (ii) all electric costs for the Apple Orchard PRV and Main, and Ithaca and Dryden shall cooperate to have all electric billing accounts transferred to Dryden; (iii) all Bolton Point billing for SCADA upgrades and maintenance, and Ithaca and Dryden shall cooperate to effect such change in Bolton Point billing and invoicing. The responsibilities of Dryden shall cover all Apple Orchard PRV and Mains, and all related facilities, from the take off point as defined in Bolton Point Rules and Regulations, being the first outlet valve off the SCLIWC transmission main subject to the Oakcrest pump station, Burdick Hill and East Hill water storage tank pressures, being also the outlet valve off the transmission main to the PRV building. 6. The following procedures shall apply to system management and upgrades: (a) At any time during the period of this Agreement, or any Renewal Term hereof, either Party may present to the other a plan for the expansion of the System to meet current and future capacity requirements of the respective water districts; (b) Whenever Ithaca or Dryden commence the process of examining upgrades or improvements to the System, such Party shall notify the other and allow the other Party to participate so as to provide for proper capital and cost management and improvements, as well as the proper coordination of System construction and financing; and (c) at least once in the year preceding the commencement of any Renewal Term the Parties shall coordinate to determine whether any capital improvements or increases in System capacity are required. In any case where both Parties are to participate in capacity upgrades, the terms and conditions for sharing the capital cost of such an expansion will be covered by a separate agreement. Unless a Party participates in the upgrade in capacity, the allocation of available increased capacity shall belong to the Party paying for or financing such improvements; otherwise capacity shall be allocated fairly in the separate agreement referenced above.Notwithstanding the foregoing or any other clause in this Agreement, Dryden is and hereafter shall be solely and primarily responsible for all construction contracts and installations implementing all improvements, as well as all costs pertaining to general System costs, and management, including all maintenance and repair. However, both Parties reserve the right to effect inspections to assure proper construction, and agree that Bolton Point may also undertake final inspections, testing, and permitting in respect of the same. 7. Whenever Dryden undertakes action in respect of the System, including inspections and surveying, Dryden shall be deemed to be acting jointly with, and as an agent of, Ithaca, and shall act in accord with, and within the scope of, any easements and rights-of-way running in favor of Ithaca allowing access to the System. If and as needed, Ithaca agrees to cooperate to help obtain any needed easements, licenses, or rights-of-way naming or running in favor of Dryden as are now or hereafter necessary or convenient for the Parties to implement this Agreement and carry out the duties and responsibilities set forth herein. 8. The Parties acknowledge that this Agreement does not require a permit from the New York State Department of Environmental Conservation (DEC) pursuant to Environmental Conservation Law § 15- 1521. 9. Ithaca shall not be liable or responsible for any water quality issues or problems, interruptions in service, water pressure or quantity issues, or any direct or indirect claims arising from any of the foregoing, including from third parties. To the fullest extent authorized by law, Dryden shall to the extent of its commercial general liability insurance defend, indemnify and hold harmless Ithaca, its officers and employees for all claims, damages, expenses and costs (including reasonable attorney's fees if assessed by a court of competent jurisdiction) or injury to persons or property which may arise out of the acts or omissions of Dryden, or its special districts, agents or employees in the course of their employment in carrying out the terms of this Agreement, except to the extent that such claims, damages, expenses and costs are attributable to the acts or omissions of Ithaca and its officers, employees, agents, and volunteers. Likewise,to the fullest extent authorized by law, Ithaca shall to the extent of its commercial general liability insurance defend, indemnify and hold harmless Dryden, its special districts, officers and employees for all claims, damages, expenses and costs (including reasonable attorney's fees if assessed by a court of competent jurisdiction) or injury to persons or property which may arise out of the acts or omissions of Ithaca, or its agents or employees in the course of their employment in carrying out the terms of this Agreement, except to the extent that such claims, damages, expenses and costs are attributable to the acts or omissions of Ithaca and its officers, employees, agents, and volunteers. Each Party shall carry commercial general liability coverages in the minimum coverage amount of $3,000,000 per incident/per person, and shall have at all times contractual liability endorsements or coverages with like limits to help give effect to the indemnity obligations of each Party to the other, including as set forth herein. Each Party waives, individually and on behalf of its insurer(s), any and all claims or rights of subrogation against the other Party for any loss or damage insured. 10. This Agreement shall continue in force for a period of five years from the date of execution of this Agreement, and will be automatically renewed for additional five-year periods (the "Renewal Term") unless otherwise terminated by any Party, or unless otherwise amended or superseded by agreement between the Parties. This Agreement may be terminated on 120-days' written notice at any time by either Party. 11. Each Party shall keep detailed and accurate records of their undertakings, costs and expenses incurred in connection with this Agreement, and make all such records accessible to the other Party upon reasonable notice and request, including for, but not limited to, auditing and finance/grant verification and compliance purposes. 12. No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the Party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 13. This Agreement is governed by the laws of the State of New York, without regard to or the application of New York State's conflicts of law principles. 14. This Agreement shall be deemed executory and each Party's liability is limited in accord with funds appropriated and available for this Agreement. Dryden warrants and promises that it will annually appropriate sufficient funds as to ensure the timely delivery of potable water in accord with standard water district practices and standards undertaken by member municipalities of Bolton Point. 15. Notwithstanding anything to the contrary contained in this Agreement, no Party shall be liable or responsible to the other Party or to any third party for consequential, incidental, indirect, special, punitive, or exemplary damages arising out of or related to the transaction contemplated hereunder, including claims for or damages relating to loss of profits, loss of the benefits of use, or loss of business, even if a Party was apprised of the likelihood of such damages, and even if such damage or loss was foreseeable. It is expressly understood and agreed that each and every provision of this Agreement that provides for a limitation of liability, a disclaimer of warranties, or an exclusion of damages, is intended by the Parties to be severable from any other provision, and is a separable and independent element of risk allocation intended to be enforced as such. There are no intended or implied third party beneficiaries or third-party rights arising under or in relation to this Agreement. 16. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. Such reformation shall be performed by first considering purposes sought by the Parties in any such provision, and secondly by the intent of the Parties as set forth in this Agreement. If such reformation is not possible,then such provision shall be severed from this Agreement and the Parties agree to immediately begin negotiations to replace, update, or take other required action to replace such provision. As well, any clause or provision required by law to be part of this Agreement shall be deemed a part of this Agreement and the Parties shall again promptly meet to formally integrate any such requirement. Examples include, but are not limited to, EEOC requirements, MWBE requirements, anti-discrimination requirements, OFAC rules, state and federal Executive Orders, the MacBride Fair Employment Practices Act, the Trading with the Enemy Act, the Foreign Narcotics Kingpin Act, the Iran Divestment Act, wage and hour standards, including prevailing wage and public works requirements, procurement and public bidding requirements, non-collusion requirements, the requirements of the Omnibus Procurement Act of 1992, state and federal debarment list requirements, State Finance Law 165 and the prohibition against use of tropical hardwoods, and like requirements of state, federal or local law. 17. This Agreement constitutes the entire understanding of the Parties,revokes and supersedes all prior discussions,negotiations, and agreements between the Parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except by a signed written agreement between the Parties that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith, and no Party shall be bound by any agent's or employee's representation, promise, or inducement not set forth in this Agreement. No course of prior dealings between the Parties shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement. Acceptance of or acquiescence in a course of performance rendered under this Agreement (or any prior agreements) shall not be relevant or admissible to determine the meaning of this Agreement, even though the accepting or acquiescing Party has knowledge of the nature of performance and an opportunity to make objection. No representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. 18. All disputes arising under or in relation to this Agreement, or the System and purposes sought to be implemented and affected hereby, including the interpretation, enforcement, or alleged breach of or non- performance of any term or requirement herein, shall be resolved by the Parties by mediation through a neutral, recognized third-party mediation service or professional. Absent resolution by meditation, the Parties agree that any such dispute may thereafter proceed to be resolved judicially, but only in a New York State Court of record having territorial jurisdiction in and over Tompkins County, New York. IN WITNESS WHEREOF, the Town of Dryden has caused its corporate seal to be affixed hereto and these presents to be signed by Jason Leifer, its Town Supervisor and duly authorized representative, as attested to by Bambi Avery, Town Clerk, and the Town of Ithaca has caused its corporate seal to be affixed hereto and these presents to be signed by Bill Goodman, its Town Supervisor and duly authorized representative, as attested to by Town Clerk, effective the day and year first above written. Attest: By: Town of Dryden By: Bambi Avery, Town Clerk Jason Leifer, Town Supervisor Attest: By: Town of Ithaca By: Paulette Rosa, Town Clerk Bill Goodman, Town Supervisor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the day of in the year 2019 before me, the undersigned, a Notary Public in and for said State, personally appeared Town of Dryden Supervisor,JASON LEIFER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the _ day of in the year 2019 before me, the undersigned, a Notary Public in and for said State, personally appeared Town of Ithaca Supervisor, BILL GOODMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public EXHIBIT A FUTURE RESOLUTION OF TOWN BOARD OF THE TOWN OF ITHACA EXHIBIT B FUTURE TOWN BOARD RESOLUTION OF THE TOWN BOARD OF THE TOWN OF DRYDEN EXHIBIT C MAP AND LIST OF PROPERTIES AND FACILITIES CURRENTLY SERVED BY APPLE ORCHARD WATER MAIN .� . 00 Ono 0,0'a U>> "a-0'um t FnRm I'mm voun 1 10 0 1010 u7 2 cn<n ov i3 , c0 o Ota PALM ROAD z z� "O yd 4/I"Tt C3 ©CF Q II "CO't7"G A pa mMm v n ccacrae7rn' Wn yr a ar basxz�' it a c �, -t z rAj I z iz I u , Ln m t" ryP �zz-.0 rni z,' om ;;� r. rG,M Pr �C7.v z g n m 'z� ro m �� 1 ID In 67 8 8 m0 mi z asm c zin mow.. An mm ma rrr 1r` nz I' a ti om mm mom m L J .�, ,.. le � z m � , � z 0xz �J mz s m X � RIP c z0 0 ©z .. - m, cF v z.... nyr m ' n c� mi ® e� OZ („ a OZ mm 0� � 9 r z u�, �x yp Kr zT [10 ca z z ump, P )PI zoo z m o Q n S C7 cs A ' TOWN OF ITHACA OF a �. YDEN .. n � Q t4 INTER—MUNICIPAL AGREEMENT zmx TOWN ITHACA AND TOWN OF rn YDEN u z�5 APPLEOORCHARD PR`s' ,AND WATERRMAN n�a Cf1 TOWN OF ITHi0.Q.JL,TOMPKINS COUNTY, NEW YORK EXHIBIT D REMAINING SYSTEM CAPACITY WITHIN APPLE ORCHARD MAIN WATERMAIN CAPACITY ALLOCATION 1. The existing 8" and 12" watermain from the Apple Orchard Pressure Reducing Valve (PRV) Station near Palm Road to Game Farm Road has a calculated capacity of approximately 1,250 gallons per minute (gpm) while maintaining a 35 psi residual pressure at the highest ground elevation along the system which is located near Game Farm Road. Analysis has been based on the supply solely through the Apple Orchard PRV station. 2. Reserve a fire hydrant flow allowance of 750 gpm at Game Farm Road. 3. The two year average day use (2017-2019) for the Town of Ithaca service connections identified in Exhibit C is 6,500 gallons per day (gpd) or 4.5 gpm. The proposed allocation to Town of Ithaca is 150 gpm. 4. The two year average day use (2017-2019) for Town of Dryden through the Freese Road water meter is approximately 80,000 gpd (56 gpm). The proposed allocation to Town of Dryden is 350 gpm. 5. Summary of Allocation: a. Fire flow 750 gpm b. Town of Ithaca 150 gpm (0.108 mgd) c. Town of Dryden 350 gpm (0.504 mgd') Total allocation= 1,250 gpm Item 08 MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Approving an Inter-Municipal Apareement Between Town of Dryden and Town of Ithaca Regarding Maintenance, Management, Use and Control of the Apple Orchard PRV and NYS Route 366 Water Main Whereas, the Town of Dryden (hereafter "Dryden") is the sole member municipality of the Southern Cayuga Lake Intermunicipal Water Commission (hereafter "Bolton Point") lacking a direct physical connection to the Bolton Point water transmission main within its municipal boundary, and Ithaca, Dryden and Bolton Point have historically utilized the Apple Orchard Pressure Reducing Valve (hereafter "Apple Orchard PRV") and NYS Route 366 water mains (hereafter "Mains") as a secondary source of supply for the Ithaca Sapsucker Woods Tank and Dryden Distribution System; and Whereas, recent development within Dryden necessitates the need to provide an alternative source of supply for the Dryden water distribution system, Ithaca does not have sufficient capacity within its Sapsucker Tank to adequately supply Dryden and its future development, and this increased development, demand, and need necessitates the need to provide a primary source of water supply to Dryden through the Apple Orchard PRV and Mains, and Dryden desires that the Apple Orchard PRV and Mains become the primary source of supply for the Dryden Distribution System, and Dryden desires to utilize and control the Apple Orchard PRV and Mains on behalf of the several Dryden water benefit district(s) presently relying upon the continual supply of Bolton Point water, or any future consolidated water district(s) and Ithaca is willing to agree to permit Dryden to utilize and control the Apple Orchard PRV and Mains for the purposes of extending, expanding,repairing, replacing and maintaining this infrastructure for the co-benefit and use of Dryden, upon the terms and conditions hereinafter stated; and Whereas, the Town of Ithaca (hereafter "Ithaca") will retain the ownership interest in the Apple Orchard PRV and Mains and their remaining capacity for the benefit of continuing service to its parcels in respect of its town-wide Article 12-C water improvement area, and at present the only Ithaca parcels having a water connection utilizing the Apple Orchard PRV and Mains are Cornell University facilities, and Whereas, this action has been determined to be Type 2 under SEQR, related to internal governance and asset/utility administration; now, therefore be it Resolved, that the Town Board of the Town of Ithaca approves the execution of an Inter Municipal Agreement entitled " Inter-Municipal Agreement Between Town of Dryden and Town of Ithaca Regarding Maintenance, Management, Use and Control of the Apple Orchard PRV and NYS Route 366 Water Main" (hereafter "Agreement"), which agreement shall provide as follows: 1. Current Ithaca parcels connected to the Mains (mainly between the Apple Orchard PRV and Game Farm Road) will continue to be Ithaca customers and billed for water consumption and any Ithaca District indebtedness. A map and list of facilities that are currently serviced by the Main to be contained in Exhibit C thereof. Item 08 2. In Exhibit D the agreement shall outline an estimate of the remaining capacity in the Apple Orchard PRV and Mains (the "System"), and represent the remaining capacity allocable to Ithaca prior to being required to pay for, or contribute to, any upgrades or improvements to the System. Once the hook-ups and amount of water delivered to Ithaca exceeds the capacity listed in Exhibit D, Dryden shall undertake improvements to the System, including but not limited to increasing main sizes or System capacity, to continue to serve both the Ithaca properties and any needed flow rates or capacity for Dryden districts and authorized users. 3. Any new connections to the Main after the effective date of the Agreement shall be subject to prior review/approval of Dryden, which may not be unreasonably withheld unless Ithaca's capacity has been exceeded and Ithaca and Dryden have not come to agreement upon the allocation of costs for System improvements. 4. The termination or abandonment of any existing Ithaca customer connections shall be completed at the Main per Bolton Point Standards in a timely manner. 5. Dryden hereby undertakes all responsibility for the testing, management, inspection, maintenance, repairs to, and replacement of the System and its appurtenances, and all related costs thereof, and accepts each and all such components, appurtenances, and the Apple Orchard PRV, Mains, and System is their respective and collective present "AS IS, WHERE IS" location and condition, without recourse. Dryden is responsible for all system upgrades and capacity improvements, except as may be required by paragraph 2, above. For the purposes of clarity, Dryden is also responsible for: (i) mowing and any building and grounds maintenance for Apple Orchard PRV and Main locations and improvements; (ii) all electric costs for the Apple Orchard PRV and Main, and Ithaca and Dryden shall cooperate to have all electric billing accounts transferred to Dryden; (iii) all Bolton Point billing for SCADA upgrades and maintenance, and Ithaca and Dryden shall cooperate to effect such change in Bolton Point billing and invoicing. The responsibilities of Dryden shall cover all Apple Orchard PRV and Mains, and all related facilities, from the take off point as defined in Bolton Point Rules and Regulations, being the first outlet valve off the SCLIWC transmission main subject to the Oakcrest pump station, Burdick Hill and East Hill water storage tank pressures, being also the outlet valve off the transmission main to the PRV building. 6. The following procedures shall apply to system management and upgrades: (a) At any time during the period of this Agreement, or any Renewal Term hereof, either Party may present to the other a plan for the expansion of the System to meet current and future capacity requirements of the respective water districts; (b) Whenever Ithaca or Dryden commence the process of examining upgrades or improvements to the System, such Party shall notify the other and allow the other Party to participate so as to provide for proper capital and cost management and improvements, as well as the proper coordination of System construction and financing; and (c) at least once in the year preceding the commencement of any Renewal Term the Parties shall coordinate to determine whether any capital improvements or increases in System capacity are required. In any case where both Parties are to participate in capacity upgrades, the terms and conditions for sharing the capital cost of such an expansion will be covered by a separate agreement. Unless a Party participates in the upgrade in capacity, the allocation of available increased capacity shall belong to the Party Item 08 paying for or financing such improvements; otherwise capacity shall be allocated fairly in the separate agreement referenced above. Notwithstanding the foregoing or any other clause in this Agreement, Dryden is and hereafter shall be solely and primarily responsible for all construction contracts and installations implementing all improvements, as well as all costs pertaining to general System costs, and management, including all maintenance and repair. However, both Parties reserve the right to effect inspections to assure proper construction, and agree that Bolton Point may also undertake final inspections, testing, and permitting in respect of the same. 7. Whenever Dryden undertakes action in respect of the System, including inspections and surveying, Dryden shall be deemed to be acting jointly with, and as an agent of, Ithaca, and shall act in accord with, and within the scope of, any easements and rights-of-way running in favor of Ithaca allowing access to the System. If and as needed, Ithaca agrees to cooperate to help obtain any needed easements, licenses, or rights-of-way naming or running in favor of Dryden as are now or hereafter necessary or convenient for the Parties to implement this Agreement and carry out the duties and responsibilities set forth herein. 8. The Parties acknowledge that the Agreement does not require a permit from the New York State Department of Environmental Conservation (DEC) pursuant to Environmental Conservation Law § 15-1521. 9. Ithaca shall not be liable or responsible for any water quality issues or problems, interruptions in service, water pressure or quantity issues, or any direct or indirect claims arising from any of the foregoing, including from third parties. To the fullest extent authorized by law, Dryden shall to the extent of its commercial general liability insurance defend, indemnify and hold harmless Ithaca, its officers and employees for all claims, damages, expenses and costs (including reasonable attorney's fees if assessed by a court of competent jurisdiction) or injury to persons or property which may arise out of the acts or omissions of Dryden, or its special districts, agents or employees in the course of their employment in carrying out the terms of this Agreement, except to the extent that such claims, damages, expenses and costs are attributable to the acts or omissions of Ithaca and its officers, employees, agents, and volunteers. Likewise, to the fullest extent authorized by law, Ithaca shall to the extent of its commercial general liability insurance defend, indemnify and hold harmless Dryden, its special districts, officers and employees for all claims, damages, expenses and costs (including reasonable attorney's fees if assessed by a court of competent jurisdiction) or injury to persons or property which may arise out of the acts or omissions of Ithaca, or its agents or employees in the course of their employment in carrying out the terms of this Agreement, except to the extent that such claims, damages, expenses and costs are attributable to the acts or omissions of Ithaca and its officers, employees, agents, and volunteers. Each Party shall carry commercial general liability coverages in the minimum coverage amount of $3,000,000 per incident/per person, and shall have at all times contractual liability endorsements or coverages with like limits to help give effect to the indemnity obligations of each Party to the other, including as set forth herein. Each Party waives, individually and on behalf of its insurer(s), any and all claims or rights of subrogation against the other Party for any loss or damage insured. Item 08 10. The Agreement shall continue in force for a period of five years from the date of execution of this Agreement, and will be automatically renewed for additional five-year periods (the "Renewal Term") unless otherwise terminated by any Party, or unless otherwise amended or superseded by agreement between the Parties. This Agreement may be terminated on 120-days' written notice at any time by either Party. 11. Each Party shall keep detailed and accurate records of their undertakings, costs and expenses incurred in connection with this Agreement, and make all such records accessible to the other Party upon reasonable notice and request, including for, but not limited to, auditing and finance/grant verification and compliance purposes. 12. No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the Party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 13. This Agreement is governed by the laws of the State of New York, without regard to or the application of New York State's conflicts of law principles. 14. This Agreement shall be deemed executory and each Party's liability is limited in accord with funds appropriated and available for this Agreement. Dryden warrants and promises that it will annually appropriate sufficient funds as to ensure the timely delivery of potable water in accord with standard water district practices and standards undertaken by member municipalities of Bolton Point. 15. Notwithstanding anything to the contrary contained in the Agreement, no Party shall be liable or responsible to the other Party or to any third party for consequential, incidental, indirect, special, punitive, or exemplary damages arising out of or related to the transaction contemplated hereunder, including claims for or damages relating to loss of profits, loss of the benefits of use, or loss of business, even if a Party was apprised of the likelihood of such damages, and even if such damage or loss was foreseeable. It is expressly understood and agreed that each and every provision of this Agreement that provides for a limitation of liability, a disclaimer of warranties, or an exclusion of damages, is intended by the Parties to be severable from any other provision, and is a separable and independent element of risk allocation intended to be enforced as such. There are no intended or implied third-party beneficiaries or third-party rights arising under or in relation to this Agreement. 16. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. Such reformation shall be performed by first considering purposes sought by the Parties in any such provision, and secondly by the intent of the Parties as set forth in this Agreement. If such reformation is not possible, then such provision shall be severed from this Agreement and the Parties agree to immediately begin negotiations to replace, update, or take other required action to replace such provision. As well, any clause or provision required by law to be part of the Agreement shall be deemed a part of the Item 08 Agreement and the Parties shall again promptly meet to formally integrate any such requirement. Examples include, but are not limited to, EEOC requirements, MWBE requirements, anti- discrimination requirements, OFAC rules, state and federal Executive Orders, the MacBride Fair Employment Practices Act, the Trading with the Enemy Act, the Foreign Narcotics Kingpin Act, the Iran Divestment Act, wage and hour standards, including prevailing wage and public works requirements, procurement and public bidding requirements, non-collusion requirements, the requirements of the Omnibus Procurement Act of 1992, state and federal debarment list requirements, State Finance Law 165 and the prohibition against use of tropical hardwoods, and like requirements of state, federal or local law. 17. The Agreement constitutes the entire understanding of the Parties, revokes and supersedes all prior discussions, negotiations, and agreements between the Parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except by a signed written agreement between the Parties that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith, and no Party shall be bound by any agent's or employee's representation, promise, or inducement not set forth in this Agreement. No course of prior dealings between the Parties shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement. Acceptance of or acquiescence in a course of performance rendered under this Agreement (or any prior agreements) shall not be relevant or admissible to determine the meaning of this Agreement, even though the accepting or acquiescing Party has knowledge of the nature of performance and an opportunity to make objection. No representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. 18. All disputes arising under or in relation to the Agreement, or the System and purposes sought to be implemented and affected hereby, including the interpretation, enforcement, or alleged breach of or non-performance of any term or requirement herein, shall be resolved by the Parties by mediation through a neutral, recognized third-party mediation service or professional. Absent resolution by meditation, the Parties agree that any such dispute may thereafter proceed to be resolved judicially, but only in a New York State Court of record having territorial jurisdiction in and over Tompkins County, New York, and be it further Resolved that the Town Supervisor for Town of Ithaca, William D Goodman, is duly authorized to sign the agreement on behalf of the Town of Ithaca. Moved: Seconded: Vote: Item 09 P&O Committee/Town Board September 23, 2019 Memo Active Duty Exemption for Marriage License The Governor passed a law on August 20, 2019 exempting Active Duty Military from the State's portion, $22.50 of the $40 marriage license fee, our portion is $17.50 The Veteran's Administration does define "Active Duty" a person who is active duty is in the military full time. They work for the military full time, may live on a military base, and can be deployed at any time. Persons in the Reserve or National Guard are not full-time active duty military personnel, unless they are called up and deployed for service. They are considered active duty during the term of that service. Vital records is working on some suggested verbiage to add to the license but our system does have a click box for "active duty" which automatically extends the solemnization period and BAS and WL are working on the accounting end of the program to have that same click box remove the fee(s). AOT says the Town Board can simply pass a resolution waiving the Town's portion of the fee. In my 13 years here, I would estimate we have had 20 - 25 Active Duty Military licenses. MEETING OF THE ITHACA TOWN BOARD October 21, 2019 TB Resolution 2019 - : Approval to waive the Town's portion of the marriap-e license fee for Active Duty Military Personnel Whereas the Personnel and Organization Committee reviewed the recent law adopted by Governor Cuomo waiving the State's portion of the marriage license fee for Active Duty Military personnel, and Whereas the Town Clerk reviewed the procedures for waiving said portion of the fee, and Whereas the Personnel and Organization Committee recommends the Town waive the Town's portion of the Marriage License Fee (currently $17.50), now therefore be it Resolved that the Town Board of the Town of Ithaca hereby waives the Town's portion of the Marriage License Application Fee in conjunction with the State's waiving of its fee for Active Duty Military Personnel Marriage Licenses, subject to proof of Military Id and duty status to the Town Clerk. Moved: Seconded: Vote: Item 11 MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Naminp-the Town Park at the intersection of East King Road and Ridp-ecrest Road as "Saunders Park" Whereas, the Town of Ithaca has owned the undeveloped park property (Tax Parcel No. 44.-1- 4.314) located at the intersection of King Road East Road and Ridgecrest Road since 1998, and Whereas, the Town of Ithaca has recently received a financial donation from a Town resident to assist in the development of this park and the associated trail segments, and Whereas, the Town has developed construction drawings for the development of the park and associated trails and expects to complete construction in 2020, and Whereas, the adjacent road is named Saunders Road and Dame Cicely Mary Saunders (English doctor, nurse, social worker) is widely recognized as the founder of the modern hospice movement, and Whereas, the trails that are being developed as part of the park construction wraps around the Saunders Road residential development and connect to the Hospicare property and trails, and Whereas, the Town Board has determined that the name "Saunders Park" meets the criteria of the Town of Ithaca Policy on Naming Town Parks; now therefore be it Resolved, that the Town Board hereby designates that the name of the park at the intersection of King Road East Road and Ridgecrest Road shall be "Saunders Park". Moved: Seconded: Vote: Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, October 21, 2019 TB Resolution 2019 - : Authorization to for the Supervisor to sip-n an easement for water and sewer service laterals to 0 Troy Rd, TP 49.-1-26.4 Whereas the Town Board has reviewed the easement prepared by Town Engineering and reviewed by town counsel, between the Parker Family LLP, Iaocovelli, and the Town to allow for access to service from a water and sewer lateral across property lines, now therefore be it Resolved that the Town Board authorizes the Supervisor to execute said easement. Moved: Seconded: Vote: 8 sra.:eca F u sae Parma® 8 qft tN :sloe 3Rk"doa. ,LMUR awd JN Q It 7,r� adHOIS sx�sAva do acwra�aNasaHa " � c� ,,A '- �,, ,� �, � s:�rntin axnoaaiwarm o/n oma F_ d` �. 6TOz '9T kifi �anva oZ' d� rd �iH NMV2Ia i s roan av aAo H/0 w {P aJ maSta amsvaR �dmvi�, ,r o4=aT Os ��t-6T ox Hor aO r la"Ima(MOM (MIR) ao8r—&�ti8 JO J (MOM¢ aaA L£BB (1.09aNOHd (....) 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Approval of Town Board Minutes b. Town of Ithaca Abstract C. Bolton Point Abstract d. Provisional Appointment Electrical & Code Enforcement Officer e. Ratify Appointment of Distribution Operator -SCLIWC f. Ratify Appointment of Working Supervisor g. Ratify Appointment of Heavy Equipment Mechanic h. Ratify Appointment of Laborers Moved: Seconded: Vote: ayes - TB Resolution 2019 - a: Approval of Minutes Whereas, the draft Minutes of the September 11, and September 23 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 11, and September 23, 2019 of the Town Board of the Town of Ithaca. TB Resolution 2019 - Town of Ithaca Abstract No. 20 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. 1330 - 1399 General Fund Town Wide 24,848.89 General Fund Part-Town 19,146.44 Highway Fund Town Wide DA 2,749.50 Highway Fund Part Town DB 21,597.59 Water Fund 315,106.63 Sewer Fund 13,557.31 Fire Protection Fund 266,000.00 Item 15 Forest Home Lighting District 40.10 Glenside Lighting District 11.98 Renwick Heights Lighting District 19.99 Eastwood Commons Lighting District 28.02 Clover Lane Lighting District 3.75 Winner's Circle Lighting District 5.57 Burleigh Drive Lighting District 13.07 West Haven Road Lighting District 51.76 Coddin ton Road Lighting District 30.10 TOTAL 663,210.70 TB Resolution 2019 - d: Provisional Appointment of Electrical & Code Enforcement Officer Whereas, there is a vacant Electrical & Code Enforcement Officer position due to a retirement, and Whereas, the Director of Code Enforcement, Senior Code Enforcement Officer and Human Resources Manager interviewed 7 candidates from the open recruitment for the position; and Whereas, the committee has determined that Jessica Hull possesses the necessary knowledge and skills to satisfactorily perform the duties of the position and recommend appointment effective October 15, 2019; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Jessica Hull as Electrical & Code Enforcement Officer, retroactive to October 15, 2019; and be it further Resolved, this is a 40 hours a week position, at the hourly wage of$30.69, which is an estimated annual salary of$63,835, 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 and obtaining the required certifications. TB Resolution 2019 - e: Ratify Appointment of Distribution Operator at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on October 17, 2019, appointed Daniel Workman provisionally to the title of Distribution Operator, effective, September 30, 2019; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Daniel Workman to the title of Distribution Operator, effective, September 30, 2019, at the hourly wage of$23.67, in Job Classification 5, step 1, with full time benefits. TB Resolution 2019 - f: Ratify Promotional Appointment to Working Supervisor Whereas, there is a vacant Working Supervisor position due to a resignation; and Item 15 Whereas, the Highway Superintendent has determined through interviews and evaluation that Sam Martinez, Heavy Equipment Operator, possess the necessary knowledge, skills and ability to satisfactorily perform the duties of the Working Supervisor position; and Whereas, the Highway Superintendent is promotionally appointing Sam Martinez, to the Working Supervisor position, effective October 13, 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 Sam Martinez, as full time Working Supervisor for the Public Works Department, effective October 13, 2019; and be it further Resolved, this is a 40 hour a week position, at the hourly wage of$29.22, which is an estimated annual salary of$60,777, in Job Classification "Y', 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. TB Resolution 2019 - g: 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 Dustin Thomas, 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 Dustin Thomas, to the Heavy Equipment Operator position, effective October 13, 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 Dustin Thomas, as full time Heavy Equipment Operator for the Public Works Department, effective October 13, 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. TB Resolution 2019 - f: Ratify Appointment of Laborer (2) Whereas, there is two vacancies in the full-time position of Laborer for the Public Works Department; and Whereas, the Interview Committee interviewed nine candidates from an open recruitment; and Whereas, the Committee has determined that Jonathan Sornberger and Nicholas Bennedum possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and Item 15 Whereas, Jim Weber, Director of Public Works/ Highway Superintendent, appointed Jonathan Sornberger as Laborer, effective October 28, 2019 and Nicholas Bennedum as Laborer, effective November 4, 2019; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the appointments made by the Director of Public Works/ Highway Superintendent of Jonathan Sornberger as Laborer, effective October 28, 2019 and Nicholas Bennedum as Laborer, effective November 4, 2019; and be it further Resolved, the positions are at 40 hours per week, at the hourly wage of $19.79, which is an estimated annual salary of $41,163 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 Director of Public Works/ Highway Superintendent. c O v O O N O o o O o ri _ N O O o � o O O UU o 00 C) 00 C)LO LO Lo m M .� N W W W W W W W W W > z > > m z z> > > > > O O > O O O L O O O O .E O O q 0 050 0 d7 N z a- vi a- a- a- d a- z z a- W a) CL (3) CL W W CL N Q a Q Q o Q Q Q Q Q a a Q C pLO � O� w +-' W WWWWJ � _ _ _ _ _ z wCL O -1 c: O O O O � O C Y O W H H H H H Q O _ `S — co Cl) Cl) Cl) Cl) 75 75 75; 75; U 75; -9) 75; 75 75 75 a) 75 0 75 U) > L � m a) i� L °tS O Un mL m U)L ami 0 c 2) 0 0) CL N U Q a) i y L nN/ N O v 0 O U O a) Q �.f. 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 9/1/2019 To: 9/30/2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2018-0333 9/3/2019 CC 28.-1-26.82 103/104 Rachel Carson Way MMOSELEY ISSUED 2019-0422 9/3/2019 CC 44.-1-147 15 Marcy Ct DMAGNUSO ISSUED 2019-0522 9/4/2019 CC 41.-1-30.2 953 Danby Rd DMAGNUSO ISSUED 2019-0159 9/4/2019 CO X 26.-4-9.2 1105 Trumansburg Rd MMOSELEY ISSUED 2019-0491 9/4/2019 CO 70.-11-53 129 Muriel St MSTONIER ISSUED 2019-0519 9/4/2019 CC 54.-4-29 140 Textor Cir BBATES ISSUED 2019-0566 9/4/2019 CC 41.-1-30.2 113 Campus Center Way BBATES ISSUED 2019-0559 9/4/2019 CC 68.-1-9 215 Warren Rd BBATES ISSUED 2019-0567 9/5/2019 CO 26.-3-4 1226 Trumansburg Rd MSTONIER ISSUED 2018-0474 9/5/2019 CC 27.-1-24.12 1478 MECKLENBURG ROA MKELLY ISSUED 2019-0517 9/10/2019 CC 68.-1-1.2 189 Pleasant Grove Rd BBATES ISSUED 2019-0560 9/10/2019 CC 65.-1-5.2 528 Plantations Rd BBATES ISSUED 2019-0561 9/10/2019 CC 65.-1-5.2 528 Plantations Rd BBATES ISSUED 2017-0363 9/10/2019 TCO X 24.-3-2.1 101 Harris B Dates Dr MMOSELEY ISSUED 2019-0562 9/10/2019 CC 65.-1-5.2 528 Plantations Rd BBATES ISSUED 2019-0563 9/10/2019 CC 65.-1-5.2 528 Plantations Rd BBATES ISSUED 2019-0366 9/11/2019 CC 26.-4-7 175 Williams Glen Rd BBATES ISSUED 2019-0525 9/11/2019 CC 68.-1-1.2 189 Pleasant Grove Rd DMAGNUSO ISSUED 2019-0219 9/13/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0219 9/13/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0219 9/13/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0448 9/13/2019 CC 71.-1-10.2 309 Siena Dr BBATES ISSUED 2019-0449 9/13/2019 CC 71.-1-10.2 309 Siena Dr BBATES ISSUED 2019-0450 9/13/2019 CC 71.-1-10.2 309 Siena Dr ISSUED 2019-0151 9/16/2019 CO 28.-1-26.82 119/120 Rachel Carson Way MMOSELEY ISSUED 2019-0151 9/16/2019 CO 28.-1-26.82 119/120 Rachel Carson Way MMOSELEY ISSUED 2019-0434 9/16/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0152 9/16/2019 CO 28.-1-26.82 121/122 Rachel Carson Way MMOSELEY ISSUED Page 1 of 4 Town of Ithaca 10/4/2019 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 9/1/2019 To: 9/30/2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2019-0150 9/16/2019 CO 28.-1-26.82 117/118 Rachel Carson Way MMOSELEY ISSUED 2019-0434 9/16/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0586 9/17/2019 CC 70.-8-2 309 Salem Dr MSTONIER ISSUED 2019-0393 9/17/2019 CO 70.-3-10 404 Winston Dr MSTONIER ISSUED 2019-0394 9/17/2019 CO 70.-3-11 406 Winston Dr MSTONIER ISSUED 2019-0395 9/17/2019 CO 70.-3-12 408 Winston Dr MSTONIER ISSUED 2019-0396 9/17/2019 CO 70.-3-13 410 Winston Dr MSTONIER ISSUED 2019-0397 9/17/2019 CO 70.-3-14 412 Winston Ct MSTONIER ISSUED 2019-0399 9/17/2019 CO 70.-4-5 603 Winston Ct MSTONIER ISSUED 2019-0401 9/17/2019 CO 70.-4-4 605 Winston Ct MSTONIER ISSUED 2019-0402 9/17/2019 CO 70.-5-4 606 Winston Ct MSTONIER ISSUED 2019-0403 9/17/2019 CO 70.-4-3 607 Winston Ct MSTONIER ISSUED 2019-0404 9/17/2019 CO 70.-5-3 608 Winston Ct MSTONIER ISSUED 2019-0405 9/17/2019 CO 70.-4-2 609 Winston Ct MSTONIER ISSUED 2019-0406 9/17/2019 CO 70.-5-2 610 Winston Ct MSTONIER ISSUED 2019-0407 9/17/2019 CO 70.-4-1 611 Winston Ct MSTONIER ISSUED 2019-0408 9/17/2019 CO 70.-5-1 612 Winston Ct MSTONIER ISSUED 2019-0486 9/17/2019 CC 54.-5-4 128 Kendall Ave DMAGNUSO ISSUED 2019-0216 9/17/2019 CC 36.-3-1.1 1201 Danby Rd DMAGNUSO ISSUED 2019-0214 9/17/2019 CO 60.-1-21 128 Honness Ln BBATES ISSUED 2019-0423 9/18/2019 CC 30.-1-2 114 Glenside Rd DMAGNUSO ISSUED 2019-0435 9/19/2019 CC 53.-1-15.7 103 JUNIPER DRIVE MKELLY ISSUED 2019-0288 9/20/2019 TCO X 59.-2-16 903 Mitchell St MKELLY ISSUED 2019-0642 9/23/2019 CC 26.-4-35 1201 Trumansburg Rd DMAGNUSO ISSUED 2019-0588 9/24/2019 CC 71.-1-11.11 199 Christopher Ln MSTONIER ISSUED 2019-0579 9/24/2019 CC 23.-1-11.12 113 Woolf Ln MSTONIER ISSUED 2019-0474 9/26/2019 CO 29.-7-6.2 531 Elm St Ext DMAGNUSO ISSUED 2019-0624 9/27/2019 CO 71.-5-5 203 Blackstone Ave MSTONIER ISSUED Page 2 of 4 Town of Ithaca 10/4/2019 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 9/1/2019 To: 9/30/2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2019-0473 9/27/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0478 9/30/2019 CC 54.-2-12 163 PEARSALL PLACE MKELLY ISSUED Page 3 of 4 10/4/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 9/1/2019 To: 9/30/2019 Certificate Type Certificate Status Count CC 26 CO 30 TCO 2 Total: 58 ISSUED 58 Page 4 of 4 Town of Ithaca 10/4/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 9/1/2019 To: 9/30/2019 Date Type Tax Parcel # Legal Address Disposition 9/3/2019 BUILDING WITHOUT A PER 53.-1-15.14 105 Hickory PI ABATED Desc: New roof was being installed on the main house without a permit. 9/5/2019 PROPERTY MAINTENANCE 58.-2-39.13 123 Honness Ln OPEN Desc: Tenant called concerned about a few items, mainly the deck after falling through. 9/13/2019 NYS Residental Code 57.-1-8.125 215 Eastern Heights Dr OPEN Desc: Neighbor is complaining about a car being parked along the road on this property. Has not 9/16/2019 ZONING VIOLATION 45.-1-14 138 Ridgecrest Rd UNFOUNDED Desc: over occupancy 9/19/2019 BUILDING WITHOUT A PER 52.-1-25 153 Northview Rd ABATED Desc: Permit provided 9/20/2019 NYS BUILDING CODE 26.-4-35 1201 Trumansburg Rd CLOSED Desc: Emergency repair to electrical service, will need permit to be filed to complete. Ok to work without permit due to emergency situation. No double fee. 9/23/2019 PROPERTY MAINTENANCE 70.-1-51.2 529 Warren Rd OPEN Desc: Yard is not mowed and is unkempt. 9/24/2019 FIRE SAFETY VIOLATIONS 12 College Cir CLOSED Desc: Unit 7 - fire sprinkler activated due to hanging clothes on sprinkler head. SEE DOCS 9/30/2019 FIRE SAFETY VIOLATIONS 103 Bundy Rd ABATED Desc: Activated heat detector in attic space, appears to be a malfunction. Complaint ID: 19-HQ09292307 9/30/2019 FIRE SAFETY VIOLATIONS 131 West Hill Cir OPEN Desc: Stove top fire in Apt. 2 Fire extinguished by sprinkler. See Docs 9/30/2019 FIRE SAFETY VIOLATIONS 200 Conifer Dr CLOSED Desc: Hot water tank in the first fl electrical room had a pipe burst/leak. Known problem. SEE DOCS 9/30/2019 NYS Residental Code 53.-1-15.26 110 Pineview Ter OPEN Desc: Neighbors are very concerned about this house, people and cars coming in and out all hours but especially during the night. Cars parked on the street, they believe that it is over occupancy. The Page 1 of 3 Town of Ithaca 10/4/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 9/1/2019 To: 9/30/2019 Date Type Tax Parcel # Legal Address Disposition neighbors believe it is a two family. Lots of noise. Death by overdose in the house about 2 years ago. Page 2 of 3 10/4/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 9/1/2019 To: 9/30/2019 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 2 FIRE SAFETY VIOLATIONS 4 NYS BUILDING CODE 1 NYS Residental Code 2 PROPERTY MAINTENANCE 2 ZONING VIOLATION 1 Total: 12 ABATED 3 CLOSED 3 OPEN 5 UNFOUNDED 1 Page 3 of 3 Town of Ithaca 10/4/2019 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 9/1/2019 To: 9/30/2019 Date Type Tax Parcel # Legal Address Disposition 9/16/2019 ZONING VIOLATION 45.-1-14 138 Ridgecrest Rd UNFOUNDED Desc: over occupancy 9/20/2019 NYS BUILDING CODE 26.-4-35 1201 Trumansburg Rd CLOSED Desc: Emergency repair to electrical service, will need permit to be filed to complete. Ok to work without permit due to emergency situation. No double fee. 9/24/2019 FIRE SAFETY VIOLATIONS 12 College Cir CLOSED Desc: Unit 7 - fire sprinkler activated due to hanging clothes on sprinkler head. SEE DOCS 9/30/2019 FIRE SAFETY VIOLATIONS 200 Conifer Dr CLOSED Desc: Hot water tank in the first fl electrical room had a pipe burst/leak. Known problem. SEE DOCS Page 1 of 2 10/4/2019 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 9/1/2019 To: 9/30/2019 Totals by Complaint Type & Status ComplaintType Complaint Status Count FIRE SAFETY VIOLATIONS 2 NYS BUILDING CODE 1 ZONING VIOLATION 1 Total: 4 CLOSED 3 UNFOUNDED 1 Page 2 of 2