The URL can be used to link to this page

Home My WebLink AboutTB Packet 2021-05-10MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 at 5:30 p.m. Due to the Governor's Executive Orders the meeting will be held via ZOOM.com ID# 989 1095 8241 Call In (929) 436-2866 or link hgps://zoom.us/j/98910958241 AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and Board comments 3. Greenhouse Gas Inventory — update by Nick Goldsmith (20 Minutes) 4. Heatsmart Community Campaign presentation and resolution of support (15 Minutes) 5. Public Hearings: a. Regarding a noise permit application for La Tourelle & Firelight Camps Outdoor Events Consider Application b. Regarding a local law revising the Chamber of Commerce PDZ i. Consider SEQR ii. Consider adoption c. Regarding a local law authorizing an agreement with Tompkins County to join the Community Housing Development Fund Program and associated funding i. Consider adoption 6. Consider authorization for a watermain easement to the City of Ithaca associated with the Ithaca Area Wastewater Treatment Facility 7. Consider a Building Permit Extension Fee waiver request from Comfort Inn/Elmira Rd 8. Consider approval of an emergency rebuild or replacement of blowers at the Ithaca Area Wastewater Treatment Facility (IAWWTF) 9. Consider approval of an amendment to the IAWWTF Misc. Plant Improvements contracts with GHD and M.A Bongioganni, Inc. for emergency repairs to digesters, an additional digester, and maintenance 10. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of increase in Court Clerk hours 11. Report of Town Officials 12. Review of Correspondence Adjournment MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - : Authorizing the Town of Ithaca to participate in the HeatSmart Tompkins' Community Campaign for Clean Heating Whereas, NYSERDA is currently offering generous incentives for low -to -moderate income households for insulation and air sealing, energy efficient heat pumps, and heat pump water heaters, and Whereas, HeatSmart Tompkins is offering municipalities the opportunity to participate in the Campaign for Clean Heating (Campaign) at no cost, and Whereas the Campaign offers information and coordination for free assessments on energy improvements in homes and businesses, and Whereas, participation in this Campaign will result in greater comfort, improved air quality, energy and cost savings, and GHG reduction for participating buildings, and Whereas, participation in the Campaign will earn the Town credit under the Community Campaigns High -Impact Action section of the NYSERDA Clean Energy Communities Program, for competitive grant funding to New York municipalities, and Whereas, participation in the Campaign will support the goals of the Town's Green New Deal, and Whereas, the main role of the Town will be to promote the Campaign through its existing outreach methods, such as the Town Newsletter, website and social media accounts, and Whereas, the Campaign will hold a Clean Heating and Cooling Webinar on May 20, 2021 at 7pm for the public, now therefore be it Resolved, that the Ithaca Town Board hereby approves and authorizes participation in the HeatSmart Tompkins' Community Campaign for Clean Heating from May to August 2021. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - : Noise Permit for LaTourelle and Firelight Camps seasonal events Whereas the Town Board held a public hearing on May 10, 2021 regarding the noise permit application for seasonal events at LaTourelle and Firelight Camps for the upcoming season and discussed same, now therefore be it Resolved that the Town Board grants a noise permit, in accordance with all applicable County and State regulations and requirements, for LaTourelle/Firelight Camps for the events listed as submitted and similar in size and scope, with the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music events are necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and LaTourelle/Firelight Camps' Planned Development Zone specifically allows for events/receptions, subject to or upon the issuance of any permits required (Town Code §271-3B(e)(1), 2. The waiver is the minimal intrusion needed, because the amplification is needed to provide dinner music to the area, and music is limited to no later than 10 p.m.; the entertainment is intended to be and has proven to be unobtrusive given the location of the property, and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is for a limited amount of time on the specified dates and/or for the season of May through October when these types of events occur outdoors. Moved: Vote: Short Environmental Assessment Form Part I - Project Information Instructions for Comoletin� Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. 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. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Town of Ithaca Name of Action or Project: Modification of Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce) Project Location (describe, and attach a location map): 904 East Shore Drive, Ithaca, NY Brief Description of Proposed Action: The proposed action is modification of Planned Development Zone (PDZ) No. 5 (Limited Mixed Use, Chamber of Commerce) to update and add additional permitted uses. The PDZ was created for the Chamber of Commerce building and use. Permitted uses are limited to office use for occupancy by nonprofit entities, visitor information/tourism centers and uses allowed in the Medium Density Residential Zone. The proposal revises and broadens the permitted office uses to "Professional, business, and administrative, offices including medical, dental, and health and wellness practices" and allows 'restaurant" use upon receipt of special permit from the Planning Board. The proposal eliminates restrictions on the number of employees at any one time, removes hours of operation, and updates and removes some extraneous provisions that are covered by other Town Code provisions or are no longer needed. Name of Applicant or Sponsor: Telephone: 607-273-1747 Ext. 120 E-Mail: sritter@town.ithaca.ny.us Town of Ithaca Address: 215 N. Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? NO YES If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: 3. 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 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture Aquatic ❑ Other(Specify): ❑ Parkland �Ia gfin 11 o ' 3 SEAF 2019 Not&Q The piroposal liiruv()llve.0 orully a Ileoi ,,ull:: tiive acllioin :ux) qu»ue;>Vlioins oin page are not irequ.uliired to be : in,,MMired 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES F-1 ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 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? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 o' :3 �Urrd.r:: The 1piroposall iiriivollves oinr ly a Ilegi sIlaVave action sir q ue,,nliioins on V:Ihn s Ilpaile are not rn»:rin.niired to Ikrn»r airs err ri. 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES F-1 ❑ 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES El ❑ El ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Date: Signature: Title: PRINT FORM Page 3 or '3 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ✓ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ✓❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ✓❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: RI 0 a. public / private water supplies? ✓❑ ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ PRINT FORM Pagel of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. SEE ATTACHED FOR PART 3 Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑� Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Name of Lead Agency Rod Howe Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency May 10, 2021 Date Town Supervisor Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 Part 3 — Full Environmental Assessment Form - Attachment Evaluation of Magnitude and Importance of Project Impacts Modification of Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce) Chamber of Commerce Modifications to Planned Development Zone (PDZ) No. 5 (Limited Mixed Use, Chamber of Commerce), as described in the attached draft local law and in the edited (redlined) copy, will not pose a significant impact. Modifications are necessary because the Chamber of Commerce building/property is in the process of being sold and the permitted uses allowed in the PDZ were written narrowly for the current use (and continuation of the previous residential zoning uses) and requires broadening to ensure that the property and building continues to be productively utilized. The PDZ was created for the Chamber of Commerce building/use. Permitted uses are currently limited to office use for occupancy by nonprofit entities, visitor information/tourism centers and uses allowed in the Medium Density Residential (MDR) Zone. The proposal is to continue to permit uses in the MDR zone and to broaden permitted office uses to: "Professional, business, and administrative, offices including medical, dental, and health and wellness practices". The proposal also adds "restaurant" as a use, but only upon receipt of special permit from the Planning Board. The proposal also eliminates restrictions on the number of employees at any one time, removes hours of operation, and updates and removes some additional provisions that are covered by other Town Code provisions or are no longer needed. The expanded office uses are not anticipated to pose significant impacts. The 6,508 ft'two-story building is located on a State highway and is adequately sized for a range of office type uses and contains approximately 30 parking spaces to serve the site. The property immediately to the south contains the Ithaca Youth Bureau and to the north is a residential property containing a dwelling approximately 70 feet from the property line. The proposed permitted office uses are not anticipated to utilize the site significantly differently or with greater intensity than the Chamber of Commerce and Visitor's Center offices. Both entities have occupied the site for several decades without any known significant adverse impacts. The Chamber of Commerce property is approximately 150 feet from Cayuga Lake, adjacent to Stewart Park (across from the railroad tracks), and in close proximity to the Cayuga Waterfront Trail (terminating at the Ithaca Youth Bureau). With spectacular views to the north and west of the Lake, the property could one day serve as a destination and offer opportunities for greater public enjoyment of its lakeside location. The proposal to permit a "restaurant" use, with special permit, is in recognition of these assets. A restaurant would not automatically be allowed, but instead would require special permit from the Planning Board. Any restaurant proposal would be evaluated thoroughly and require a SEAR determination. Through the environmental review process potential impacts, including traffic, parking, noise and odor would be evaluated and their impacts determined for significance. Given the above information, adoption of the local law is not anticipated to result in any significant adverse environmental impacts. MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - XX: SEOR: Proposed Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: Special Land Use Districts," To Revise Uses and Other Requirements in Chamber Of Commerce Planned Development Zone Whereas, this action is the enactment of a local law amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: Special Land Use Districts," To Revise Uses and Other Requirements in Chamber Of Commerce Planned Development Zone; and Whereas, this is an Unlisted Action for which the Town Board of the Town of Ithaca is the Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on May 10, 2021, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as proposed, based on the information in the 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: Seconded: MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - XX: Adoption of Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: Special Land Use Districts," To Revise Uses and Other Requirements in Chamber Of Commerce Planned Development Zone Whereas, Planned Development Zone (PDZ) No. 5 (previously known as Special Land Use District No. 5) was adopted in 1988 to permit the Chamber of Commerce building and its associated office use to be sited at 904 E. Shore Drive, with some of the PDZ language written narrowly to allow for the intended use but not other similar uses; and Whereas, the Chamber of Commerce is now selling their building and property and the PDZ requires modification in order to update the language and allow for broadening of uses to ensure that the building and property can continue to be productively utilized; and Whereas, the Planning Committee at their meeting on March 18, 2021 discussed the proposed modifications to the PDZ, agreed upon the language, and forwarded a recommendation to the Town Board; and Whereas, at its meeting on April 12, 2021, the Town Board of the Town of Ithaca discussed the proposed local law and scheduled a public hearing for May 10, 2021 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: Special Land Use Districts," To Revise Uses and Other Requirements in Chamber Of Commerce Planned Development Zone; and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted Action for which the Town Board of the Town of Ithaca, the lead agency in an environmental review with respect to adoption of this local law, has, on May 10, 2021, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the amendments proposed for the Chamber of Commerce Planned Development Zone No. 5, further the health and welfare of the community and are in accordance with the Town of Ithaca Comprehensive Plan; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. X of 2021 entitled "A Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: Special Land Use Districts," To Revise Uses and Other Requirements in Chamber of Commerce Planned Development Zone"; and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2021 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED "ZONING: SPECIAL LAND USE DISTRICTS," TO REVISE USES AND OTHER REQUIREMENTS IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", is amended by changing its title to "Planned Development Zone No. 5 (Limited Mixed Use)." Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", Subsections B through F are deleted in their entirety and replaced with new Subsections B through G reading as follows: `B. The uses and structures permitted in Planned Development Zone No. 5 are: (1) Any use permitted in a Medium Density Residential Zone; and (2) Professional, business, and administrative offices, including medical, dental, and health and wellness practices. C. The following uses are permitted in Planned Development Zone No. 5, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Ithaca Town Code Chapter 270, Zoning: (1) Restaurant. D. The following accessory uses and structures are permitted in Planned Development Zone No. 5: (1) Signs, subject to the provisions in Subsection E below. E. Any use in this zone shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted uses and structures which shall be only as set forth above) relating to a Medium Density Residential Zone. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial Zones shall apply. F. In addition to the requirements and restrictions imposed above, there shall be no new construction in this Planned Development Zone unless and until all of the requirements of Ithaca Town Code Chapter 270, Zoning have been complied with and, in addition, the following requirements to the extent not required by other provisions of Ithaca Town Code Chapter 270, Zoning: (1) No building permit shall be issued for a building or structure within Planned Development Zone No. 5, nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board (where Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270. G. In addition to the requirements and restrictions set forth above, occupancy and use of the premises shall be further limited as follows: (1) No activities will be conducted in said Planned Development Zone which will cause disturbing noise, odors, or glare to any adjacent landowners." Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", is amended by re -lettering Subsections G and H to H and I, respectively. 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. 2 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. § 271-7 Planned Development Zone No. 5 (Limited Mixed Use, Chimib-er of Gammeree). [Adopted 2-8-1988 by L.L. No. 2-1988; 4-11-1988 by L.L. No. 4-1988; 6-13-2005 by L.L. No. 6-2005; 5- 7-2012 by L.L. No. 4-2012] A. Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 5 (Limited Mixed Use)," which district is now considered and hereafter referred to as "Planned Development Zone No. 5." B. The uses and structures permitted in Planned Development Zone No. 5 are: (1) Any use permitted in a Medium Density Residential Zone; g2d (2) Professional, [wsii)ess, md adfij�)Jstra6ve., offices ii)duding gj�.,�Jjca�, denW, md health and ................ ........................................ ............................................................................................................................ ..... ........................ ............................ .................. ........ ....... .... ..................................................................................................... w...eJ i e s s.. I e..s :4'4 o'Oouf*MW�l...:.�1 fflpro A+ enti+i-e�s (S4),,J+w4 to th-@ l'ur-th-er and (3) Visitors! 41 14)1=f'natiofl en+er oF 4*H4-sfl+eefAer 14 441e� afea; d-i+ e4l F 41"--4fflwe� ETeRA04 a- C. The foHo v� � 1 .................................................................................... fa -., itted if] F1afmed Develol No. 5 but (,mly 111212 f�Jl. f a If-( 1or safiw frorn the [-�gard uu) accordance with the I EgcedUres set Forth ii) Ithaca. Town .............................................................................................................................................................................. ... ........ . ........................................................................................................................................................................... ............................................................................................................................................................................................................................. Code Chal t��L21Q 4 t4e J:,0,Wf1 of .................................... ........................... ............. .................................................................................................................... �.! ( ( ! ) .......... I 1). Th e fo � I ow Uses a)d str11Cqge,, red in F1arined 1) v �o fne�)t Zone No. 5: .............................................................................................. ......................................................... nllft e e p ..................................................................................................................... .................. ....... ................................................................................................... (I n 4) Signs, subject to the provisions in Subsection 1), 1 , below. tile 10fe�feiiig us,"Wt be 1+(,A tffs�iaip4 to-afi4e�,Wnsisk��H+ wi-th-a- "; 1+o-e" tH,+i 1;+,*1 YA-H+1 4,)F tfw, PkHiiw4D+,w0k)pff lent Zofle (I 7i ni4i k7d N4. ixe4 t-:4,-,,e) "'I"s suE4 ��,i 41 iti a dki , al: - ove4 4Y Ow Nafmun P_ 14 o A4 amj- S Ub S dy a nh�,%'Ek d W 4-the appfav 4 o Id 'I**') g 130af d Any use in this zone shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted (weutx*w7ies Uses and struCtUres which shall be only as set forth above) relating to a Medium Density Residential ................................................................................................................................. Zone. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial Zones shall apply. [Amended 8-7-2017 by L.L. No. 12-2017] 1 1-11',. In addition to the requirements and restrictions imposed above there shall be no new construction in this Planned Development Zone unless and until all of the requirements of Ofdiiiiffi+��e 11 thaca. " 'I , ��! �rig have been complied with and, in addition, the following requirements .-.1 o w f] C tit„ ..( 219 .............. .. . . ...... ......... . . ........ . .. ...... . . to the extent not required by other provisions of Ow ZoF41-q_�, OFE14H-MIELe 11 thaca Town Code (.,hal !��E 27Q, ........................................................................................................................................... ............... (1) No building permit shall be issued for a building or structure within Planned Development Zone No. 5, nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board (where Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270. 14m4d4ig� rn a 6 1i 4e rect�mrfk+l eofi.strue&-i 11- n� l i � :.... ,��u t ::�:1:.1- 4 °, '::flsr�j w:. :. 1..... 1 u 4W44ie's. :` �r i-��;mi4S....sh". �-...fik)t .....:u6 azr d �� ..:t.¢. J2.9 :. i :.1 (.i 1 q)l � (:i:.....tl :.... d e 6wr P:.}...M4 1&Dk an ...: ,fiYI ro. fl wi7061$ ?F 1fi9 E,�tl1:1fi� i s sou°,iYt.... A.:.fiy co:n4rue ofl ,),:r.....winc-h- a per �.,i ..grwvtc - ,s F eanif4y wi+li-...a9-i apj4 1 �*Ws ....eode,sb; al d"al'w :,s; rules-,,,++i i re In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows: (.p...:). A si c-ve4 b.� fl= J2 F fiiW.,..:.i3+)a-d....s]:1owir1.gq w,—A ..:i kiu ,.....i e ` s ta k- , ffla - F d NV44 1+ d've zoo , (27) 4 ��, , � t� t , , F y 1-;'d:.:: ig+u ff+ t1w, r� 141&1W0011-ti :;....i s....oi t, .34i.Fn.... a.: 1.. (4 1)No activities will be conducted in said Planned Development Zone which will cause disturbing noise, odors, or glare to any adjacent landowners. 1.„1(4. The area encompassed and rezoned in accordance with this section to Planned Development Zone No. 5 is described on Schedule A to this section. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such zone at the location described. If. V1. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Enlarged Planned Development Zone No. 5 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at Page 274) which premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also the southeast corner of other premises reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at Page 594) a total distance of 82.8 feet to a point, which point is the southwest corner of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beginning. MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - xxx: Adopt Local Law X of 2021 entitled "A Local Law Authorizing Town of Ithaca to Execute with Tompkins County an Agency Agreement to Implement the Community Housing Development Fund Program and to Make a Payment into the Community Housing Development Fund" Whereas, the Ithaca Town Board supports the goal of the Community Housing Development Fund (CHDF), which is to increase the availability of affordable housing in Tompkins County, and Whereas, Tompkins County, the City of Ithaca, and Cornell University are CHDF partners under a Memorandum of Understanding (MOU) that has a 2015-2021 term, and Whereas, Tompkins County, the City of Ithaca, and Cornell University have drafted a new MOU to continue the program from November 2021 through 2027, which new MOU is anticipated to be executed by all three partners prior to November 2021, and Whereas, the CHDF Program helps communities, organizations, and housing developers throughout Tompkins County respond to the diverse affordable housing needs of residents by providing grant funds towards the construction and rehabilitation of housing units that will remain affordable to successive buyers or renters, and Whereas, the Tompkins County Comprehensive Plan (2015), the Tompkins County Housing Needs Assessment (2016), and the Tompkins County Housing Strategy (2017) detail policies, data, and goals related to housing affordability for Tompkins County residents and detail the importance of ensuring an adequate supply of affordable housing in the community, and Whereas, the CHDF Program has proven to be an established program that is successfully advancing Tompkins County's affordable housing policies and targets, while serving as an effective public -private partnership and community -driven solution to local affordable housing challenges, and Whereas, in its first eleven years of existence, the CHDF Program has awarded $5.4 million towards the construction and rehabilitation of 810 affordable housing units, of which 486 units have already been built or are currently under construction, and Whereas, in recent years, CHDF award requests have begun to exceed available funding, and the shortage of funds as compared to requests is anticipated to worsen in the current MOU term and the new MOU term, which could potentially delay or prevent a number of affordable housing units from moving forward to construction, and Whereas, the Ithaca Town Board would like to utilize the CHDF to increase the availability of affordable housing in the Town of Ithaca, and the Town of Ithaca has been approached by the County of Tompkins to become an associate member of the CHDF, which membership requires an agreement by the Town of Ithaca to pay Tompkins County $50,000, which sum would be made available through the CHDF for a qualifying project in the Town of Ithaca, and Whereas, pursuant to the Town's powers under the New York State Constitution (Article VIII § 1 and Article IX §2(c)(ii)(10)) and under Municipal Home Rule § I0(l)(ii)(a)(12), the Town may adopt a local law authorizing the Town to make payments to increase the availability of affordable housing units in the Town of Ithaca, where such payments further a public purpose of the Town, and Whereas, at its meeting on April 12, 2021, the Town Board of the Town of Ithaca discussed the proposed local law and scheduled a public hearing for May 10, 2021 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Authorizing Town of Ithaca to Execute with Tompkins County an Agency Agreement to Implement the Community Housing Development Fund Program and to Make a Payment into the Community Housing Development Fund", and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus approval of the local law is not subject to review under SEQRA, now therefore be it Resolved, that the Town Board hereby adopts Local Law X of 2021 entitled "A Local Law Authorizing Town of Ithaca to Execute with Tompkins County an Agency Agreement to Implement the Community Housing Development Fund Program and to Make a Payment into the Community Housing Development Fund." Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2021 A LOCAL LAW AUTHORIZING TOWN OF ITHACA TO EXECUTE WITH TOMPKINS COUNTY AN AGENCY AGREEMENT TO IMPLEMENT THE COMMUNITY HOUSING DEVELOPMENT FUND PROGRAM AND TO MAKE A PAYMENT INTO THE COMMUNITY HOUSING DEVELOPMENT FUND Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Authorization. This local law is adopted pursuant to: the New York State Constitution, Article IX, § 2(c)(ii)(10) and New York Municipal Home Rule Law § I0(1)(ii)(a)(12), both of which grant towns the power to adopt local laws not inconsistent with the New York State Constitution or any general law, relating to the government, protection, order, conduct, safety, health and well-being of persons or property in the town; the New York State Constitution, Article VIII, § 1, which allows towns to make provision for the aid, care and support of the needy as may be authorized by law, and which further allows towns and counties to join together pursuant to law in providing any municipal facility, service, activity or undertaking which each of them has the power to provide separately; and New York General Municipal Law § 119-o, which authorizes towns and counties to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. Section 2. Purpose and Finding. The purpose of this local law is to authorize the Town of Ithaca to execute with Tompkins County an Agency Agreement to Implement the Community Housing Development Fund (CHDF) Program, and to pay Tompkins County $50,000 pursuant to the Agreement, with such payment deposited into the Community Housing Development Fund and used to increase the availability of affordable housing units in the Town of Ithaca, as approved by the Town of Ithaca. The Town Board finds that the development of new affordable housing units in the Town of Ithaca and the rehabilitation and retention of units in the Town that might otherwise become unaffordable or uninhabitable constitute a public purpose for which the Town may expend funds. Section 3. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. Effective Date. This local law shall take effect immediately upon its filing with the New York Secretary of State. HF 2020-02-T2088-Town Ithaca Fiscal Agreement Agency Agreement to Implement the Community Housing Development Fund (CHDF) Program between the County of Tompkins and the Town of Ithaca This AGREEMENT is made by and among the County of Tompkins, a municipal corporation of the State of New York, having offices at 125 E. Court St., Ithaca, New York 14850, hereinafter referred to as the "COUNTY," and the Town of Ithaca, a municipal corporation of the State of New York, having offices at 215 North Tioga Street, Ithaca, NY 14850 hereinafter referred to as the "TOWN." WITNESSETH WHEREAS, the COUNTY authorized the Memorandum of Understanding ("MOU") among the COUNTY, the City of Ithaca, and Cornell University with regard to the Housing Fund, by Resolution No. 2009-31, and continued the program with the name Community Housing Development Fund ("CHDF') by Resolution No. 2015-154, and WHEREAS, an MOU among the COUNTY, City of Ithaca, and Cornell University with regard to continuing the Community Housing Development Fund was executed on November 10, 2015 describing the terms of the program including the process for Associate Members to join the Fund, and WHEREAS, an MOU Amendment among the COUNTY, City of Ithaca, and Cornell University with regard to authorizing the acceptance of Community Housing Development Fund Associate Members and defining the privileges and responsibilities of Associate Members was executed on November 18, 2020, and WHEREAS, the 2020 Amendment to 2015 MOU specifies that a commitment of $50,000 or more will make a contributing organization eligible to appoint one associate member to the Program Oversight Committee of the Community Housing Development Fund, upon execution of an agreement between the associate member and Tompkins County, and the 2020 MOU Amendment clarifies that an associate member may continue to serve on the Program Oversight Committee until all its funds are made unavailable for allocation and that its voting privileges extend to project approvals and funding recommendations but that associate members do not vote on matters of program governance, and WHEREAS, the Program Oversight Committee has recommended that the County, as administrator for the program, directly execute any contracts or documents necessary to formalize associate membership in the Community Housing Development Fund so that the County may establish the procedures and ability to invoice the associate member when a project is awarded, and WHEREAS, the Town of Ithaca committed $50,000 towards the Community Housing Development Fund in 2021, which is sufficient for the Town to have associate membership status, and Page 1 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement WHEREAS, the COUNTY desires to serve as fiscal agent for the Community Housing Development Fund and enter into an agreement with the TOWN to administer the TOWN's contribution to the Community Housing Development Fund, and WHEREAS, the TOWN desires to have the COUNTY serve as fiscal agent for the Community Housing Development Fund and enter into an agreement with the COUNTY to accept and administer the TOWN'S contributions to the Community Housing Development Fund to disburse funds to projects authorized by the TOWN for assistance, and WHEREAS, the COUNTY has the capability to serve as fiscal agent and disburse the Community Housing Development Fund appropriately for the TOWN, NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The COUNTY agrees to serve as fiscal agent for the Community Housing Development Fund through County Resolution 2010-74. 2. While the TOWN's approval is required before its funds are disbursed, the TOWN agrees to timely review and seriously consider funding recommendations from the Community Housing Development Fund Program Oversight Committee in good faith and in the spirit of accomplishing the purposes of the Fund. 3. The TOWN's funds will be considered allocated upon recommendation by the Community Housing Development Fund Program Oversight Committee that they be used towards the funding award for one or more projects that meet the Community Housing Development Fund's eligibility requirements and terms and conditions, which eligibility requirements and terms and conditions shall be substantially similar to those shown in Attachment 1. The TOWN's funds will no longer be considered allocated should the TOWN either formally reject the use of its funds for said project(s) or should a project recommended for TOWN funding fail to complete the requirements to draw award(s). 4. The COUNTY agrees to distribute all funding as recommended by the Community Housing Development Fund Program Oversight Committee and approved by the TOWN and any other funding entities. 5. The TOWN agrees to pay the COUNTY the sum of Fifty Thousand United States Dollars ($50,000.00) to be used to support the housing projects approved by the TOWN for use of Community Housing Development Funds. 6. The COUNTY shall provide a written request for the TOWN's portion of an award's funds once the recipient has completed all requirements to draw the award, including execution of the award contract with the COUNTY and provision of a copy of the building permit for the project, and the TOWN shall remit payment to the COUNTY within fourteen (14) days of said request for funds. The County shall deposit the payment into its T20880000 account for the Community Housing Development Fund and shall audit disbursements from this account in accordance with legal requirements. 7. Any funds provided pursuant to this Agreement that are not disbursed within two -hundred seventy (270) days from the date of receipt of funds by the COUNTY shall be returned to the TOWN, unless the Supervisor for the TOWN expressly authorizes in writing the COUNTY's continued retention Page 2 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement of such funds as fiscal agent for the Community Housing Development Fund. 8. The COUNTY will be responsible for establishing agreements with each of the Community Housing Development Fund recipients and disbursing the funds in a timely manner and for purposes and in a manner consistent with the relevant Notice of Funding Availability, and further agrees to provide the TOWN documentation of disbursement of the funds when disbursement is made. 9. This Agreement maybe terminated for any reason upon thirty (30) days written notice by one party to the other party. Each party shall honor the funding obligations of any agreements the COUNTY made with Community Housing Development Fund recipients prior to the date of receipt of notice of termination, but the COUNTY shall not enter into new obligations or agreements with recipients after the COUNTY's receipt of notice of termination. Upon termination, the COUNTY shall pay the TOWN any funds received on behalf of the TOWN, but not disbursed or contractually obligated to a Community Housing Development Fund recipient. 10. The TOWN agrees to fully defend, indemnify and hold harmless the COUNTY, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of TOWN or TOWN's employees, agents or sub -Consultants, in connection with this Agreement. To the extent the COUNTY is negligent, TOWN's duty to indemnify the COUNTY shall not extend to the proportion of loss attributable to the COUNTY's negligence. 11. The COUNTY agrees to fully defend, indemnify and hold harmless the TOWN, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of COUNTY or COUNTY's employees, agents or sub -Consultants, in connection with this Agreement. To the extent the TOWN is negligent, COUNTY's duty to indemnify the TOWN shall not extend to the proportion of loss attributable to the TOWN's negligence. 12. This Agreement may be amended, modified, or reassigned only by written agreement of both parties, and any obligations may not be waived orally by or between the COUNTY and TOWN. 13. The provisions of this Agreement shall be construed under the laws of the State of New York without regard to, or the application of, New York State's choice of law provisions. 14. REGULATORY COMPLIANCE. The COUNTY and TOWN agree to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that Federal funds are provided to the COUNTY and TOWN under this contract, the COUNTY and TOWN agree they will comply with all applicable Federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. Further, the COUNTY and TOWN agree to comply with the County's Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be viewed at www.tompkinscountVnV.gov, or Page 3 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement a copy can be obtained by contacting the Tompkins County Department of Administration. If the TOWN is a provider of healthcare services, it certifies that the TOWN and all employees, directors, officers, and sub -contractors of the TOWN are not "excluded individuals or entities" under Federal and/or New York State statutes, rules, and regulations. If the TOWN provides healthcare services, the TOWN agrees to screen all employees, directors, officers, and sub -contractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other websites related to the Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules, and regulations, to determine if any employee, director, officer, or sub -contractor is on or has been added to the exclusion list. The TOWN shall promptly notify the COUNTY if any employee, director, officer, or sub -contractor is on or has been added to the exclusion list. The COUNTY reserves the right to immediately cancel this contract, at no penalty to the COUNTY, if any employee, director, officer, or sub -contractor is on or has been added to the exclusion list. 15. If the TOWN provides healthcare services, the TOWN and COUNTY shall maintain the confidentiality of all client -identifying and protected information. Both PARTIES agree to notify the other immediately in the event either learns of any unauthorized access, possession, distribution, or use of any sensitive information relating to a client has occurred. 16. During the performance of this agreement, the TOWN and COUNTY agree that they will not discriminate against any employee or applicant for employment because of age, ethnicity, creed, race, color, sex, sexual orientation, perceived gender identity, national origin, marital status, disability, military status, status as an ex -offender, arrest record, conviction record, and domestic violence victim status, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. The areas in which discrimination on the aforementioned grounds is prohibited include, but are not be limited, to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. 17. The TOWN certifies to the COUNTY that any applicable programs and services to be provided and described herein are accessible to the handicapped in accordance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973. 18. The parties agree that as a condition of receipt of Federal funds, if any, that audits be performed of the TOWN's records by auditors in compliance with the Federal Single Audit Act of 1984. By signing this contract, COUNTY and TOWN attest to the fact that they have not been sanctioned or excluded by any of the aforementioned entities. 19. The TOWN and COUNTY agree to maintain the minimum limits of insurance or as required by law, whichever is greater as outlined in Attachment 2. The TOWN and COUNTY will provide the other party Certificates of Insurance prior to the execution of this agreement. Page 4 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day(s) and year written below, with an effective date as of the last date of execution. COUNTY OF TOMPKINS: DATE: TOWN OF ITHACA: DATE: COUNTY of Tompkins Jessi Spudis, Compliance Coordinator TOWN of Ithaca Rod Howe, Supervisor Page 5 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement ATTACHMENT 1 [2020 Notice of Funding Availability, pages 1-7, attached] Page 6 of 8 Notice of Funding Availability (NOFA) Tompkins County, New York Community Housing Development Fund 2020 Open Funding Round Applications Accepted until Wednesday, September 23, 2020 L Statement of Intent Tompkins County faces a growing deficit of housing of all types, with a particular need for new housing units for low- to moderate -income households. This deficit requires the development of a substantial number of new housing units and the rehabilitation and retention of units that might otherwise become unaffordable or uninhabitable. Tompkins County, Cornell University and the City of Ithaca (the current funding entities, with new partners welcome) established the Community Housing Development Fund (CHDF, formerly known as the Housing Fund) for the term of 2009-2015 to help communities, organizations, and housing developers throughout Tompkins County to work towards this goal and to better respond to the diverse affordable housing needs of residents. In 2015, the program was extended for an additional six years in order to continue supporting projects that encourage sustainable, affordable living —projects that consider and mitigate those costs that affect affordability of living in a housing unit, including the direct cost of the housing unit, as well as transportation and energy costs. The program also seeks to support development of mixed -income projects with a diversity of income levels among residents. In 2020, the application process will continue. Applicants are strongly encouraged to carefully read this NOFA in order to ensure that their applications meet the requirements. Maior points include: Award cap for applications Applicants responding to this NOFA may request a maximum of $400,000 per project to construct new or to rehabilitate existing housing that will be owner - occupied, and a maximum of $300,000 to construct new or to rehabilitate existing rental housing. Rental projects pursuing 9% LIHTC funding may apply for up to $150,000. In rare instances the fund may exceed this cap if project metrics dictate such a need. The maximum available per unit is $40,000 for owner -occupied housing and $30,000 for rental housing for those earning 80% or less AMI. The maximum available per unit is $30,000 for owner -occupied housing for those earning 8 1 % to 120% AMI and $20,000 for rental housing for those earning 8 1 % to 100% of AMI. Applicants are encouraged to carefully reflect on their project funding needs; as demand for available resources exceeds the funding available to this program, the maximum award amounts may not be possible. Project Type Maximum Per Unit Award Maximum Total Award Rental Units up to 80%AMI $30,000 $300,000 Rental Units 80%AMI-100%AMI* $20,000* $300,000* Rental Units Pursuing LIHTC $30,000 $150,000 For Sale Units up to 80%AMI $40,000 $400,000 For Sale Units 80%AMI-120%AMI* $30,000* $400,000* *A majority of funded units must serve households at or under 80% AML See page 5. 2 • Application deadlines Applications in response to this NOFA may be submitted at any time until September 23, 2020. The following table indicates the deadline for 2020. Application Received By: Funding Contract Must Be Recommendation By: Executed By**: Wednesday, September 23, Friday, October 16, 2020 3 months from award 2020 notification "Standard Contract Attached as Exhibit D Specific project scope will be added but any other changes should be proposed at time of application. II. OVERVIEW OF APPLICATION NOTE: PLEASE READ oNIN THIS NOFA FOR DETAILS OF EACH COMPONENT) Cover Page See p. 9 for items to include in cover page Narrative Applicant Track Record (up to 2 pages) (up to 16 pages in total, Development Budget & Project Leverage (up to 2 pages) addressing each of the 8 Project Readiness & Financial Feasibility a to 2 pages) evaluation criteria with up Long Term Affordability a to 2 pages) to 2 pages each) Smart Growth Characteristics (up to 2 pages) Green Building Practices (up to 2 pages) Proect sign & Impact (up to 2 pages) Pro ert Tax Impacts (up to 2 pages) Attachments See p. 16 for full list and please use provided forms where requested for: lease provide table of Development Budget — Provide .xlsx file with formulas contents if attachments Source of Funds Chart exceed 15 pages) Rental projects only: 10-year Cash Flow Analysis and Rental Operating Budget — Provide .xlsx file with formulas For sale projects only: For Sale Unit Pricing and For Sale Net Sales Proceeds and Distribution of Funds — Provide .xlsx file with formulas Unit Type Description Application Certification and Execution Please ensure this page is signed and dated Submit one original application and a CD or USB drive containing an electronic PDF file of the written application with all related attachments. If an applicant desires to provide separate electronic files of the various sections of an application, please ensure that a single PDF file of the entire application is also provided on the CD or USB drive. Also, if an application exceeds 30 pages and/or 20MB, an additional abridged version is requested to be included on the CD or USB drive that is no more than 20 MB in size and no more than 30 pages. Applications must be delivered by mail or in person by 4:00 PM September 23, 2020 to: Tompkins County Department of Planning and Sustainability 121 E. Court Street Ithaca, New York 14850 Questions or Concerns — please email plannin &tompkins-co.org or call 607-274-5560. III. Program Background The Community Housing Development Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed -use real estate development projects. Eligible uses of the fund include costs associated with purchasing or underwriting the direct cost of land, construction costs, rehabilitation costs, or any other development cost that will reduce overall cost of the housing units developed as long as these housing units remain permanently affordable. IV. Community Housing Development Fund Overview The Community Housing Development Fund is designed to ensure that newly constructed or rehabilitated housing units remain affordable to successive buyers or renters. Permanent affordability is retained by such measures as income qualifying prospective buyers or renters and limiting the sales price or rent of units; separating the ownership of the land from the ownership of the housing unit, whereby only the housing unit is purchased by the homebuyer, and by restricting the amount of equity that a homeowner can take from the housing unit upon sale (Community Housing Trust model); or other equivalent mechanisms. Eligible uses of the fund include the cost of land, construction, or any development costs that will reduce the cost of new or newly rehabilitated non -student housing units developed, provided these housing units remain permanently affordable by using a mechanism such as the Community Housing Trust or another acceptable mechanism. Those applying to the CHDF are highly encouraged to partner with an agency that is capable of serving as a housing trust. The Community Housing Development Fund recognizes the value of producing and retaining mixed - income housing that is available to a diversity of residents with a range of incomes, and that mixed - income housing projects that include affordable units should be encouraged. Therefore, units for households earning up to 120% AMI for owner -occupied housing and 100% AMI for rental housing are eligible for program assistance, provided that: • Projects with 9 or more units: a majority of the units for which an applicant seeks support are reserved for those earning 80% AMI or less. • Projects with 8 or fewer units: at least half of the units for which an applicant seeks support are reserved for those earning 80% AMI or less. Please also note that applications seeking assistance solely for affordable units in a mixed -income project are eligible for funding on a per -unit basis (subject to project caps) of affordable housing provided, regardless of how many market rate units are part of the overall project. 0 V. Eligible Applicants Applications may be submitted by any of the following entities: 1) 501 (c)(3) not -for -profit organizations incorporated in New York State. 2) Tompkins County municipalities, including the City of Ithaca, towns and villages. 3) Public Housing Authorities that serve Tompkins County. 4) Private, for -profit developers. VI. Terms and Conditions Eligible Uses o Funds Purchase or underwrite the direct cost of land, construction costs, rehabilitation costs, or any other development cost that will reduce overall cost of the housing units developed as long as these housing units remain permanently affordable. This may include expenses involved in the purchase of land such as closing costs, title search, appraisal, and survey of the land, as well as construction costs. An appraised value of the land needs to be completed. At least half of the units for which assistance is requested must be intended for those earning 80% or less AMI. Mixed income projects are encouraged, but Community Housing Development Fund awards must only be allocated to the affordable housing units to be developed for those earning 120% or less of AMI for owner -occupied units and 100% or less of AMI for rental units. Funding Amount Overall Project Funding Cap: A project may apply for a maximum of $400,000 to construct new or to rehabilitate existing housing that will be owner -occupied, and a maximum of $300,000 to construct new or to rehabilitate existing rental housing. Rental projects pursuing 9% LIHTC funding may apply for up to $150,000. Units' for Households earning 80% AMI or below: Within the overall project funding cap, a maximum of $40,000 may be awarded per affordable unit for newly constructed or rehabilitated owner -occupied housing and $30,000 per unit for newly constructed or rehabilitated rental units. Units for Households earning 81-120% AMI: Within the overall project funding cap, a maximum of $30,000 may be awarded per affordable unit for newly constructed or rehabilitated owner -occupied housing for those earning up to 120% AMI. A maximum of $20,000 may be awarded per affordable unit for newly constructed or rehabilitated rental housing for those earning up to 100% AMI. Grant Term Funds will be provided as a grant. Successful applicants must receive building permits prior to drawing funds, and draw down grant funds as follows: • For projects applying for low income housing tax credits: within one (1) year of notice of contract execution, contingent upon award of low income housing tax credit award. I Non-traditional housing proposals (e.g. supportive housing group homes, single room occupancy residences, etc.) may consider two bedrooms to equal one unit, if the unit does not provide a private bathroom and kitchen. For questions about project design, please contact the Tompkins County Planning Department at 607-274-5560 or planning@tompkins-co.org. • For all other (non -tax credit) projects: within one (1) year of contract execution. If the units are not completed within 18 months of grant draw down, the awardee must repay the grant. Applicants may request an extension by letter or email, explaining the reason why an extension is needed, which may be granted at the discretion of the Program Oversight Committee. VIL Minimum Eligibility Requirements 1. Location. Project must be located in Tompkins County. 2. Affordability. Project must include units of affordable housing for low and moderate -income households, and may request support for affordable units for middle -income households, provided that a majority of supported units are reserved for low and moderate -income households. Low and moderate -income households are defined as households earning 80% or less of AMI for Tompkins County. Middle -income households are defined as those earning 81-120% of AMI for homeowners and 81-100% of AMI for renters in Tompkins County. Rent and utilities in an apartment or the monthly mortgage payment and housing expenses for a homeowner should not exceed 35% of a household's monthly income to be considered affordable housing. Special Provision for Sustainable, Affordable Living Project Consideration may be given to funding projects proposing housing expenses up to 40% of a household's monthly income, if and only if, the project is deemed a SUSTAINABLE, AFFORDABLE LIVING PROJECT- projects that consider and significantly mitigate the major costs that affect affordability in addition to direct housing cost: transportation and energy. To acquire funding at these higher percent of income rates, a proposal must exceed the standards set in the selection criteria, for these areas and provide a comprehensive vision for developing sustainable, affordable living. Examples of project characteristics that might qualify for this designation would be projects located in a Development Focus Area (as defined in Building Vibrant Communities in Tompkins County ... a Development Focus Areas Strategy) or within 1/4 mile of a major employment or community service center or a public transit stop, with a complete pedestrian walkway connection between the housing units and the center or transit stop, and/or projects that achieve extremely high levels of energy efficiency beyond the requirements of the New York State Energy Code. It will be necessary to demonstrate how overall household expenses can be reduced to support the higher housing cost. Projects must benefit low- and moderate -income households. Income limits are based on annually updated limits set by HUD for Tompkins County (https://www.huduser.gov/portal/datasets/il.html). As of the time of this NOFA's publication, limits were as follows: z http://www.tompkinscountya.gov/files/planning/documents/DevelopmentFocusAreasStrategy adopted 10-2-12.pdf 6 f HUD FY2019 Income Limits for Tompkins County Household Size Income Limit (80% AMI) Income Limit (100% AMI) Income Limit (120% AMI) 1 $47,000 $58,800 $70,560 2 $53,700 $67,200 $80,640 3 $60,400 $75,600 $90,720 4 $67,100 $83,900 $100,680 3. Long -Term Affordability. Applicant must be able to ensure that affordability is maintained and monitored for a minimum of 49 years and that the affordability requirement is tied to the property in case of a sale. See Long Term Affordability on page 12. 4. Site Control. Applicant must have site control in the form of title, an option to purchase, a long-term lease, or other forms acceptable to the Program Oversight Committee. 5. Experience. Applicant must have a demonstrated track record in one or more of the following areas: residential real estate development/construction (multi -unit experience where applicable), affordable housing development and/or management. Proposals including supportive housing units (ex. units for individuals who are homeless, have mental health diagnoses, have developmental disabilities, are recovering from substance abuse, are re-entering the community from jail or prison, etc.) should demonstrate that the applicant or applicant's project partner has experience providing supportive services for the residents. 6. Community Plans. Project must demonstrate alignment with the goals of the Tompkins County Comprehensive Plan' including smart growth/nodal development goals, and the adopted Comprehensive Plan of the host community (if applicable). 7. Tompkins County Energy Recommendations for New Construction (2018). Project must demonstrate consideration of higher energy efficiency standards and incorporation of renewable energy systems as detailed in the Tompkins County Energy Recommendations for New Construction (Exhibit A). Multifamily rental projects with five or more units may be eligible for assistance in considering energy options in their design through the Tompkins County Business Energy Advisors (BEA) Program (Exhibit B and information at http://tompkinscouniyny.gov/bea). 8. HousingStrategy. Project must demonstrate alignment with the Tompkins County Housing Strategy (link in Exhibit C). VIIL Application Process Funds will be awarded to applicants on a competitive basis. The application process is as follows: 1) Notice of Funding Availability (NOFA) - posted at: hqp://www.tompkinscountyLiy_gov/planning/housing-choices-housing fund and distributed to an email list of interested parties by the Tompkins County Department of Planning and Sustainability s http://tompkinscouniya.gov/files/compplan/documents/FINAL-March%2012-low%20res.pdf 7 HF 2020-02-T2088-Town Ithaca Fiscal Agreement TYPE 1-2021Noconstr Tompkins County Insurance Requirements (Attachment 2) A.) Workers' Compensation and New York Disability Workers' Compensation Statutory coverage complying with NYS Workers' Compensation Law Section 57 General Municipal Law Section 125, TOWN and COUNTY must each submit one of the following: CE-200 - Certification of Attestation of Exemption form NYS Workers' Compensation and/or Disability Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AlIForms.2sp, OR CE-105.2 - Certification of NYS Workers' Compensation Insurance (U-26.3 f or State Insurance Fund version), OR SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR GSI-105.2 - Certificate of NYS Workers' Compensation Group Self -Insurance Employers' Liability - $1,000,000 Disability Benefits Requirements Statutory coverage complying with NYS Workers' Compensation Law Section 220 (8) under General Municipal Law Section 125, TOWN and COUNTY must each submit one of the following: CE-200 - Certification of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, OR DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self -Insurance NOTE: Proof of NYS Workers' Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.2sp or Bureau of Compliance at (866) 546-9322). B.) Commercial General Liability including, contractual, independent contractors, products/completed operations Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Fire Damage Legal $50,000 Medical Expense $5,000 C.) Commercial Umbrella $1,000,000 • General Aggregate shall apply separately to the project prescribed in the agreement. It is expressly understood and agreed by the parties that the insurance requirements specified above, contemplate the use of occurrence liability forms. The TOWN will include the COUNTY and its officers, employees, agents and elected officials as Additional Insureds on a primary and non-contributory basis with waiver of subrogation in accordance with this HF 2020-02-T2088-Town Ithaca Fiscal Agreement. The COUNTY will include the TOWN and its officers, employees, agents and elected officials as Additional Insureds on a primary and non-contributory basis with waiver of subrogation in accordance with this HF 2020-02-T2088-Town Ithaca Fiscal Agreement. Waivers of Subrogation — (1) The TOWN waives all rights against the COUNTY and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers' compensation and employer's liability insurance maintained per requirements stated above. (2) The COUNTY waives all rights against the TOWN and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto Page 7 of 8 HF 2020-02-T2088-Town Ithaca Fiscal Agreement liability or workers' compensation and employer's liability insurance maintained per requirements stated above. • All insurance shall be written with insurance carriers licensed by the New York State Office of Financial Services and have a Best's rating of A XI or better. Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord 25 (2016/03), or insurance company certificate. All Certificates shall contain a sixty (60) day notice of cancellation, non -renewal or material change, except for non-payment. All Certificates must be signed by a licensed agent or authorized representative of the insurance company. Certificates of Insurance shall be submitted with the signed agreement. Page 8 of 8 MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021- : Approval of and authorization for the Supervisor to execute Permanent Water and Access Easements and Rights -of -Way for a City of Ithaca Water Main on property of the Ithaca Area Wastewater Treatment Facility Whereas, the Town of Ithaca is one of the Municipal Owners of the Ithaca Area Wastewater Treatment Facility (IAWWTF) along with the City of Ithaca and the Town of Dryden, and Whereas, the City has requested permission to construct and install a water main on IAWWTF Property from the northern IAWWTF Property boundary on Cascadilla Creek to Station 2+05, and from Station 2+05 to Station 0+00 ("New Water Main") as shown on the attached map, which New Water Main will connect to an existing water main owned by the City and located on the IAWWTF Property, and Whereas, the Special Joint Committee (SJC) of the three Municipal Owners has recommended approval of granting the necessary easements and rights -of -way to the City of Ithaca, now therefore be it Resolved, that the Ithaca Town Board approves, and authorizes the supervisor to sign any and all documents necessary to execute, the Permanent Water and Access Easements and Rights -of -Way for City of Ithaca Water Main recommended by the SJC. Moved: Seconded: Vote: Wd 99 £b l 6WZ/LZ/9 PERMANENT WATER AND ACCESS EASEMENTS AND RIGHTS -OF -WAY FOR CITY OF ITHACA WATER MAIN THIS PERMANENT WATER AND ACCESS EASEMENTS AND RIGHTS -OF -WAY FOR CITY OF ITHACA WATER MAIN (this "Easement") is made this day of , 2021, by and among CITY OF ITHACA, TOWN OF ITHACA and TOWN OF DRYDEN, all New York municipal corporations (collectively, "Municipal Owners"), and the CITY OF ITHACA ("City"). RECITALS: WHEREAS, pursuant to the Joint Sewer Agreement (revised December 31, 2003, and last amended February 20, 2019) among the City of Ithaca, Town of Ithaca and Town of Dryden, the Municipal Owners presently own, operate and maintain the Ithaca Area Wastewater Treatment Facility ("IAWWTF"), located at 525 Third Street, City of Ithaca, County of Tompkins, State of New York, on property owned by them and described in the Warranty Deed with Lien Covenant dated December 22, 2011, which was recorded in the Tompkins County Clerk's Office on December 27, 2011 as Instrument Number 585279-001, Tax Map Parcel Number 24.-1-1.2 ("IAWWTF Property"); and WHEREAS, the City has requested permission to construct and install a water main on IAWWTF Property from the northern IAWWTF Property boundary on Cascadilla Creek to Station 2+05, and from Station 2+05 to Station 0+00 ("New Water Main"), which New Water Main will connect to an existing water main owned by the City and located on the IAWWTF Property, all as depicted in the Utility Plan Sheet C402 drawing titled "Phase 1 City Harbor Development, City Harbor, LLC and the Guthrie Clinic, 101 Pier Road, Ithaca, New York" initially dated July 14, 2020, and last revised on April 9, 2021, attached and incorporated as Exhibit A; and WHEREAS, the New Water Main benefits the IAWWTF and Municipal Owners because the New Water Main will (a) create a loop in the City's water distribution system that will provide water service redundancy to the IAWWTF; (b) eliminate water quality issues at the existing dead- end City water main located on the IAWWTF Property; and (c) significantly increase fire flows to the IAWWTF Property; and WHEREAS, the parties wish to execute this Easement to establish and confirm the rights of the City to construct and maintain the New Water Main; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of the New Water Main Easement. Municipal Owners hereby grant and convey to the City a nonexclusive twenty (20) foot wide permanent easement and right-of-way, centered on the as -built New Water Main, over, across and under the IAWWTF Property in the locations described in the second Whereas clause above and as depicted on Exhibit A (the "Easement Area") for the lawful construction, reconstruction, location, relocation, maintenance, 1 repair, replacement, extension, operation, and inspection of the New Water Main and its ancillary facilities (the "New Water Facilities"), which the City shall require from time to time for the provision of water services and related infrastructure to the IAWWTF Property and adjoining properties. It is agreed that the New Water Facilities shall be the property of and shall be under the control and supervision of the City. Except in emergency situations, City shall not undertake construction until Municipalities' engineers approve in writing the City's construction plans. 2. Access. Municipal Owners grant and convey to the City an easement and right-of- way for persons, vehicles and equipment to pass over and across the IAWWTF Property to the extent reasonably necessary to access and undertake actions permitted under this Easement that are within the Easement Area. The City shall provide the IAWWTF's Chief Operator (or the person in any successor position) not less than twenty-four (24) hours written notice prior to entry except that, in cases of emergency, the City shall be permitted to access the Easement Area without any prior written notice to the Chief Operator, so long as the City provides the Chief Operator with verbal notice of such access as soon as practicable after the onset of the emergency. To the greatest extent reasonably possible, the City shall schedule and carry out its activities and operations within and about the Easement Area so as to limit any interruption of or interference with the IAWWTF's activities and operations. If such interruption or interference is necessary, it shall be temporary in nature and designed to limit any restriction of access to and from the remaining lands of the IAWWTF. 3. Grant and Acceptance of Water and Access Easements Only. The above -described grants to the City of the New Water Main and access easements are for the limited purposes set forth in paragraphs 1 and 2 above. This Easement is not an offer of dedication to the City, or City acceptance of dedication, of any vehicular travel lane or paved areas within the Easement Area. 4. Environmental Compliance. (a) The City agrees to comply with all applicable requirements set forth in any work plan, site management plan or environmental easement affecting the IAWWTF Property both as may be required and approved by the New York State Department of Environmental Conservation ("NYSDEC") (collectively, the "Environmental Documentation"); in each case to the extent the Environmental Documentation incorporates requirements governing the City's activities regarding the New Water Facilities (including the City's construction, maintenance, repair, replacement and operation of the New Water Facilities). The City recognizes that compliance with the Environmental Documentation may include, but not be limited to: the use of a qualified environmental professional provided and paid for by the New York State Electric and Gas Corporation ("NYSEG") to design and submit a work plan for approval to the NYSDEC in advance of the City's disturbing the ground surface for the City's activities under this Easement; the City's compliance with the NYSDEC-approved work plan; oversight of the work by the NYSEG-provided qualified environmental professional; and noninterference with NYSEG's proper management, testing, characterization, monitoring, investigation, treatment, remediation, transport, and disposal of wastes. Notwithstanding the foregoing, nothing in this Section 4(a) shall be deemed to shift any liability or responsibility to the City that is NYSEG's liability or responsibility under applicable laws, orders, settlements or contracts, including the multi -site Order on Consent between NYSEG and the NYSDEC ("NYSEG Consent Order"), which was 2 executed on March 30, 1994, Index #DO-0002-9309 (NYSDEC, 1994, amended and restated November 2016), pursuant to which NYSEG is responsible for implementing a full remedial program, including tests for, and investigations and remediation of, contamination related to a former First Street Manufactured Gas Plant that was previously located on the IAWWTF Property. (b) If during excavation for purposes related to this Easement the City encounters visible or olfactory evidence of contaminated soil, fill material or groundwater, the City will immediately cease excavation and contact Municipal Owners and the NYSEG-provided qualified environmental professional as soon as practicable. The City will not recommence its excavation until Municipal Owners authorize recommencement. 5. Restoration of Surface. Upon completion of any activities the City undertakes pursuant to this Easement that disturb the surface of the Easement Area, the City shall (a) leave the Premises in a neat and presentable condition, (b) place and compact to 95% modified Proctor density engineered backfill (or other backfill as approved in writing by the Municipal Owners' engineers), and (c) restore at the City's expense the surface and any improvements thereon as nearly as practicable to at least as good a condition as existed prior to the City activities. The City shall provide Municipal Owners with reasonable notice and the opportunity to remove, at the City's expense, any surface facilities and improvements prior to surface disturbance of the Easement Area. 6. Reserved Rights of Municipal Owners. Municipal Owners expressly reserve the right to use and install improvements (except buildings with foundations) on, in and under the surface and subsurface of the Easement Area, to cross and recross the Easement Area, and to grant future easements in the Easement Area, provided that any construction of improvements within, or any other use of, the Easement Area by Municipal Owners shall not interfere with, obstruct, or endanger any rights of the City under or with respect to the easements, cause injury or damage to the New Water Facilities, or affect the New Water Facilities' physical integrity or function. Municipal Owners further expressly reserve the right to relocate said easements and rights -of -way and the New Water Facilities, in whole or in part, at Municipal Owners' sole expense, in accordance with plans and specifications approved by the City. 7. Insurance. The City shall maintain insurance coverage in the form and not less than the amounts contained in the Insurance Requirements, attached and incorporated herein as Exhibit B. Each policy of insurance maintained pursuant to this paragraph by the City shall name the Town of Ithaca and Town of Dryden as additional insureds in connection with the easements granted to the City herein. Upon request of the Town of Ithaca or the Town of Dryden, the City shall furnish to them current certificates of insurance evidencing maintenance of the insurance policies required hereunder. The parties hereby agree that they shall deposit any insurance proceeds for IAWWTF damage or IAWWTF liabilities arising from the insurance provided herein into the IAWWTF's joint activity account. The parties further agree that any insurance proceeds for IAWWTF damage or IAWWTF liabilities arising from the insurance provided herein shall first be used to repair, replace or pay for the IAWWTF facilities or IAWWTF liabilities. 3 8. Indemnification. (a) In connection with the grant of the easements herein, and to the fullest extent permitted by law, the City of Ithaca agrees to fully defend, indemnify, and hold harmless the Town of Ithaca, Town of Dryden, the Special Joint Committee established to oversee the operation of the Ithaca Area Wastewater Treatment Facility, and their respective elected officials, public officers, boards, employees, members and agents (collectively, the "Municipal Indemnified Parties") from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorneys' and experts' fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, contamination of or adverse effects on the environment, or Ithaca Area Wastewater Treatment Facility SPDES permit violations, caused by the acts or omissions of the City of Ithaca or of the City of Ithaca's employees, agents, subcontractors, guests and invitees related to or arising out of their municipal work, activities, facilities or other improvements performed or located within the Easement Area or within areas the City uses to exercise its access rights hereunder. Notwithstanding the foregoing, to the extent the Municipal Indemnified Parties are negligent or act with willful misconduct, the City's duty to indemnify them shall not extend to the proportion of loss attributable to the Municipal Indemnified Parties' negligence or willful misconduct. (b) In connection with the grant of the easements herein, and to the fullest extent permitted by law, Municipal Owners agree to fully defend, indemnify, and hold harmless the City of Ithaca and its respective elected officials, public officers, boards, employees, members, and agents (collectively, the "City of Ithaca Indemnified Parties") from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorneys' and experts' fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, contamination of or adverse effects on the environment, caused by the acts or omissions of Municipal Owners or of their employees, agents, or subcontractors, related to or arising out of Municipal Owners' work, activities, facilities, or other improvements performed or located within or without the Easement Area. Notwithstanding the foregoing, to the extent the City of Ithaca Indemnified Parties are negligent or act with willful misconduct, the Municipal Owners' duty to indemnify them shall not extend to the proportion of loss attributable to the City of Ithaca Indemnified Parties' negligence or willful misconduct. (c) Notwithstanding the foregoing, nothing in this Section 8 shall be deemed to shift to a party any liability or expense that is NYSEG's liability or expense under the NYSEG Consent Order. 9. Liens and Encumbrances. The City shall not allow any claim, lien or other encumbrance arising from its use of the Easement Area to accrue against or attach to the easement premises or any other portion of the IAWWTF Property, but if any lien or notice of lien is so filed, the responsible party shall promptly bond and discharge any lien or notice of lien that may be so filed. Municipal Owners shall send to the City timely written notice of any lien so filed of which 0 Municipal Owners have notice, and the City shall send to Municipal Owners timely written notice of any lien so filed of which the City has notice. 10. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Easement (each, a "Notice") must be in writing and addressed to the receiving party at its address set forth below (or at such other address as the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by: personal delivery; nationally recognized overnight courier; certified mail, return receipt requested, postage prepaid; or e-mail. A Notice sent by e-mail shall be effective only if it requests a "return receipt" confirmation and the recipient sends the return receipt to the sender upon the recipient's opening of the message, or if the recipient responds to the e- mail. All Notices shall be effective upon the date of receipt. Notices to City of Ithaca are to be addressed to: City of Ithaca 108 East Green Street Ithaca, New York 14850 clerksoffice@cityofithaca.org with a copy to: Ithaca City Attorney 108 East Green Street Ithaca, New York 14850 attorney@cityofithaca.org Notices to Municipal Owners are to be addressed to: Ithaca Area Wastewater Treatment Facility Attention: Chief Operator 525 Third Street Ithaca, New York 14850 CKilgore@cityofithaca.org (or e-mail address of then -current Chief Operator) with a copy to: Ithaca Town Clerk 215 N. Tioga Street Ithaca, New York 14850 TownClerk@town.ithaca.ny.us 11. Severability. If any term or provision of this Easement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Easement or invalidate or render unenforceable such term or provision in any other jurisdiction. 12. Amendments. No amendment to or modification of this Easement shall be effective unless it is in writing, identified as an amendment to or modification of this Easement, and signed by an authorized representative of each party hereto. 13. Waiver. No waiver by any party of any of the provisions of this Easement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Easement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Easement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 14. Assignment; Successors and Assigns. City of Ithaca and its successors and assigns are hereby expressly granted the right to assign this Easement, or any part thereof, or interest therein, without any prior consent and without prejudice or recourse. The easements and related rights -of -way shall at all times be deemed to be and shall run with the land, be permanent and perpetual, and inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Easement. 15. Governing Law; Choice of Forum. This Easement and all matters arising out of or relating to this Easement shall be governed by and construed in accordance with the laws of the State of New York, without regard to or giving effect to the conflict of laws provisions thereof. Each party irrevocably and unconditionally agrees that it shall not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Easement in any forum other than the courts of the State of New York sitting in the County of Tompkins. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. 16. Entire Agreement. This Easement constitutes the entire agreement of the parties hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 17. Counterparts. This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as of the date first written above. City of Ithaca: CITY OF ITHACA By: Name: Svante Myrick Title: Mayor Municipal Owners: CITY OF ITHACA By: Name: Svante Myrick Title: Mayor TOWN OF ITHACA By: Name: Rod Howe Title: Supervisor TOWN OF DRYDEN By: Name: Jason Leifer Title: Supervisor By: Name: Daniel Lamb Title: Councilperson By: Name: James Skaley Title: Councilperson By: Name: Loren Sparling Title: Councilperson By: Name: Leonardo Vargas -Mendez Title: Councilperson 7 STATE OF NEW YORK ss. COUNTY OF On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss. COUNTY OF Notary Public On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss. COUNTY OF Notary Public On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ss. COUNTY OF On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss. COUNTY OF Notary Public On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss. COUNTY OF Notary Public On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. Notary Public 0 STATE OF NEW YORK ss. COUNTY OF On the day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. Notary Public 10 EXHIBIT A [Utility Plan Sheet 4021 11 EXHIBIT B INSURANCE REQUIREMENTS The City shall procure and maintain insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for death or injuries to any person or persons, damage to property, or contamination of or adverse effects on the environment, arising at any time during and/or arising out of or in any way connected with the City's use or occupancy of the Easement Area. The following are the minimum required insurance coverages: a. Commercial General Liability Bodily Injury and Property Damage: $1,000,000 Each Occurrence Products/Completed Operations: $2,000,000 Aggregate Personal Injury & Advertising Injury: $1,000,000 Each Person/Organization General Aggregate: $2,000,000 Per Location Basis Damage to Rented Premises: $1,000,000 b. Business Automobile Liability Combined Single Limit applicable to all Owned, Non -Owned and Hired Autos C. Excess "Umbrella" Liability Bodily Injury and Property Damage General Aggregate: $1,000,000 Each Accident $5,000,000 Each Occurrence $5,000,000 Per Location Basis d. Workers' Combensation & Emnlovers' Liabili Workers Compensation Limits: Statutory Limits Employers Liability Limits: • Each Accident $1,000,000 • Disease Each Employee $1,000,000 • Disease Policy Limit $1,000,000 1. The insurance carriers providing the required coverages shall be licensed to do so in New York State, and shall be rated no lower than "A- X" by the most recent Best's Key Rating Guide unless otherwise agreed to by the City of Ithaca. 2. All policies must be endorsed to include the Town of Ithaca and Town of Dryden as additional insureds on a primary and non-contributory basis. 12 3. The City shall deliver upon request of the Town of Ithaca or Town of Dryden a Certificate of Insurance (including copies of the Additional Insured) acceptable to the requesting party certifying that policies of insurance for the required coverages have been issued and are in effect. Upon expiration or cancellation of any policy, the City shall immediately deliver to the Town of Ithaca and Town of Dryden a Certificate of Insurance evidencing proper renewal or replacement of the policy. 13 MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - : Waiver for a Building Permit (#2018-0076) Extension Fee for the Comfort Inn proiect Whereas the Town Board received a request for a waiver, dated April 22, 2021, for the fee associated with the issuance of a Building Permit (2018-0076) Extension from the owners of 635 Elmira Rd./Comfort Inn project, and Whereas the request detailed the hardships encountered by the COVID shutdowns and restrictions which has delayed the construction of the Inn, and Whereas the owners had paid for a Building Permit Extension last year and there have been no inspections or costs to the Town for the project, and Whereas the Town Board discussed the request and determined that a full waiver of the fee is reasonable given the hardship and no additional costs to the Town, now therefore be it Resolved, that the Town Board of the Town of Ithaca grants the request of Pratik Ahir, for the building permit extension fee associated with Building Permit #2018-0076, for the Comfort Inn project on 635 Elmira Rd. Moved: Seconded: Vote: ayes — To whom it may concern; I am writing to request the board of town to extend the building permit for Comfort inn project at 635 Elmira Rd, for additional 6 months by waiving extension fees. The building permit is currently expiring on May 4 of this year. The construction was suppose to start in April of 2020 but due to Cov!d restrictions and lockdowns, we could not move forward with the project. When NY state did loosen the restrictions around June/July, our lender backed out completely leaving us to find another lender and starting whole bank process again. We currently have a lender on board and are anticipating to start construction by end of this year. We had a tough year because of covid and lost close to 50% of revenue last year. It would very helpful if Town of Ithaca can waive fee and extend the building permit for additional 6 months. This project will bring much needed change to the south end of town and would contribute much more in taxes for many years to come. I kindly request to all the board members of town Ithaca to approve this request. It would be very helpful to us. Thank you! Karan K Ahir MEETING OF THE ITHACA TOWN BOARD Monday, May 10, 2021 TB Resolution 2021 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of Court Clerk hours to fulltime Moved: Seconded: Vote: ayes — TB Resolution 2021 - a: Approval of Minutes Resolved, that the Town Board hereby approves the minutes of April 26th, 2021 with any non - substantial corrections suggested by the Board having been made. TB Resolution 2021 - b: Town of Ithaca Abstract No. 9 for FY-2021 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for audit and approval of payment; now, therefore be it Resolved that the Town Board hereby authorizes payment of said vouchers for the amounts indicated: VOUCHER NOS. 357 - 446 General Fund Town Wide 80,352.35 General Fund Part -Town 2,094.74 Highway Fund Town Wide DA 1,874.90 Highway Fund Part Town DB 8,630.96 Water Fund 5,727.27 Sewer Fund 6,959.05 Gateway Trail — H8 390.05 PWF Renovations Project— H22 9,348.06 Risk Retention Fund 340.96 Forest Home Lighting District 554.44 Glenside Lighting District 71.29 Renwick Heights Lighting District 84.50 Eastwood Commons Lighting District 181.46 Clover Lane Lighting District 21.07 Winner's Circle Lighting District 70.70 Burlei h Drive Lighting District 71.47 West Haven Road Lighting District 215.03 Coddin ton Road Lighting District 128.68 Trust and Agency 4,900.00 TOTAL 122,016.98 Bolton Point 2021 - c: TB Resolution 2021 - d: Approve Court Clerk Armstrong as Full Time Whereas Justice Klein appointed Kirstine Armstrong as Court Clerk effective, October 13, 2020 at part time 30 hours per week; and Whereas, Justice Klein and Justice Salk have re-evaluated the needs of the Court Office, and have determined the need to have both Court Clerks at the full-time level; now, therefore, be it Resolved, the Town Board approves increasing Kirstine Armstrong to full time salary status of 37.5 hours a week, at the annual salary of $57,895, with full time benefits effective May 10, 2021.