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HomeMy WebLinkAboutTB 2023-03-13 Agenda and Material MEETING OF THE ITHACA TOWN BOARD March 13, 2023 https://zoom.us/j/98910958241 YouTube Link AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Public hearing regarding a proposed local law amending Chapter 270 “Zoning” to amend certain zoning district regulations associated with detached garage/accessory building size and height a. SEQR b. Adoption 4. Public Hearing regarding a proposed local law authorizing a monetary gift to support the City of Ithaca Cass and Stewart Park recreational facilities a. Adoption 5. Authorization to Accept Grant Funds for Babcock Ridge Trail 6. Update from Sustainability – Green New Deal 7. Consider award of contract for a. Mechanical Electric and Plumbing Analysis b. Infiltration and Inflow Northeast Study 8. Sanitary Sewer Infrastructure Dedication – Elm St Extension subdivision 9. Amend Sprint/T-Mobile lease on Christopher Water Tank a. SEQR b. Adoption 10. Consider Consent Agenda a. Approval of Town Board Minutes – None b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point (SCLIWC) Vouchers d. Appointment of Conservation Board Member - Cantone e. Acknowledge receipt of Town Court outside audit f. Approval of job descriptions - Sustainability Planner and Civil Engineer g. Approval of lease renewal – TC Health Consortium h. Ratify appointment of Benefits Specialist for CTCMHIC – Rodrigues 11. Report of Town Officials and Committees 12. Review of Correspondence MEETING OF THE ITHACA TOWN BOARD March 13, 2023 TB Resolution 2023 - : SEQR- A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones. Whereas, this action is the proposed enactment of a “A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones;” and Whereas, this is an Unlisted Action for which the Ithaca Town Board 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 March 13, 2023, has reviewed, and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: item 3a Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing 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 Name of Action or Project: Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,administrative rule, or regulation? 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. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval:NO YES 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) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 Part 3Narrative description is in Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Project Location (describe, and attach a location map): Garages/accessory buildings in Agricultural (AG), Conservation (C), Lakefront The proposed local law amends Town Code Chapter 270, titled "Zoning," to expand the allowable heights Page 2 of 3 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 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 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 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 NOTE:The proposal involves only a legislative action so questions on this page are not required to be answered.N/A Page 3 of 3 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 NO YES 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 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 Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 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?N/A Page 1 of 2 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 small impact may occur Moderate to large impact may 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: 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? Garages-Acc Blgs Revisions March 13, 2023 4 4 4 4 4 4 4 4 4 4 4 4 Page 2 of 2 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. _______________________________________________ Date __________ _ _ ____ ___ _ _ _____ ___________________ Name of Lead Agency _________________ _____ _ _________________________ Print or Type Name of Responsible Officer in Lead Agency _________________________________________________ Signature of Responsible Officer in Lead Agency _______________ ____ _______ _ _ ___________________ Title of Responsible Officer ___________ _ _ _ ______ _ _ _ _ __ __ _ _ _ _ _ ______________ Signature of Preparer (if different from Responsible Officer) 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, pleasecomplete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements thathave been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agencydetermined 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. 4 Town of Ithaca Town Board Rod Howe Town Supervisor Christine Balestra, Planner Garages-Acc Blgs Revisions March 13, 2023 Page 1 of 1 MEETING OF THE ITHACA TOWN BOARD March 13, 2023 TB Resolution 2023 - : A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones. Whereas, the town received a request to review issues associated with detached garage and accessory structure sizes and heights to investigate whether they should be increased, due to frequent requests to the Zoning Board of Appeals for area variances; and Whereas, at their November 17, 2022 meeting, the Planning Committee discussed the issues and proposed revisions; and recommended referring the draft proposed revisions to the Town Board for consideration of approval; and Whereas, a public hearing was scheduled for March 13, 2023, at 5:30 p.m., to hear all interested parties on the proposed local law entitled: “A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones;” and Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and Whereas, the public hearing was duly held on the date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to the proposed local law; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of the local law is an Unlisted Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on March 13, 2023, 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 to the Town Code will further the health, safety, and general welfare of the community and is in accordance with the Comprehensive Plan; now therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law ___ of 2023: A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones. Moved: Seconded: Vote: item 3b Item 04 MEETING OF THE ITHACA TOWN BOARD March 13, 2023 TB Resolution 2023 - : Adoption of Local Law of 2023, “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities Whereas, the Town Board discussed the need for monetary support for the Cass Park and Stewart Park Recreational Facilities during its budget process, and Whereas, the Town Board adopted a budget for 2023 including an amount of $100,000.00 for a contribution towards City Parks, of which approximately $62,000 would result in a special benefit to Town residents, but the remainder would be considered a gift, and Whereas, pursuant to the Town’s New York State Municipal Home Rule powers, a local law may be adopted to authorize the Town to make a gift to another municipality where the gift furthers a public purpose of the Town, and Whereas, a public hearing was duly set, advertised then held on March 13, 2023, 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 adopts Local Law XXXXX of 2023 “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities.” Moved: Seconded: Vote: ayes – MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2023 TB Resolution No. 2023 - : Authorization to Accept Grant Funds from NYS Office of Parks, Recreation and Historic Preservation for the Babcock Ridge Trail at Culver Road Preserve Resolved, that the Town of Ithaca applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) under the Environmental Protection Fund Grant Program for Parks, Preservation and Heritage for the purpose of funding the development of the Babcock Ridge Trail at Culver Road Preserve; Resolved, that the Town of Ithaca is authorized and directed to accept these grant funds in an amount not to exceed $211,275.00 for the project described in the grant application; Resolved, that the Town of Ithaca is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such development of the Babcock Ridge Trail at Culver Road Preserve; Resolved, that the Town of Ithaca is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; Resolved, that the governing body of the municipality delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the Town Supervisor. MOVED: SECONDED: VOTE: item 5 MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2023 TB Resolution 2023 - XXX: Authorization to Award Contract for the Public Works Facility Mechanical, Electrical, and Plumbing (MEP) Analysis Project Whereas on March 2, 2023, the Director of Engineering (Director) received proposals for the Town of Ithaca Public Works Facility Mechanical, Electrical, and Plumbing (MEP) Analysis Project (Project), and Whereas LaBella Associates DPC has adequality outlined related work experience, project objectives, and timelines that meet and/or exceed our expectations, and Whereas the Town Engineer and staff have reviewed the proposal and qualifications of the firm, contacted past clients and has recommended that the Town Board select the proposal of $15,540 (Part A) for the study made by the firm of LaBella Associates DPC, which is a responsive and qualified proposal, and Whereas Part B of the proposal may be considered for award at a later date based on the findings of Part A, now, therefore, be it Resolved that the Director is authorized to approve contract amendments, without further authorization from the Town Board, provided the maximum amount of such amendments does not exceed $2,000 in aggregate, and be it further Resolved that the Town Board authorizes the award and execution by the Supervisor of a contract for Part A of the Project to LaBella Associates DPC, 105 North Tioga Street, Ithaca, NY 14850, subject to review by the Attorney for the Town. Moved: Seconded: Vote: item 7a MEETING OF THE ITHACA TOWN BOARD Monday, March 13, 2023 TB Resolution 2023 - XXX: Authorization to Award Contract for an Infiltration and Inflow Northeast System Study Whereas on March 6, 2023, the Director of Engineering (Director) received proposals for the Town of Ithaca Infiltration and Inflow Northeast System Study (Project), and Whereas Larson Design Group has adequality outlined related work experience, project objectives, and timelines that meet and/or exceed our expectations, and Whereas the Town Engineer and staff have reviewed the proposal and qualifications of the firm, contacted past clients and has recommended that the Town Board select the proposal of $95,250.00 (Part A) for the study made by the firm of Larson Design Group, which is a responsive and qualified proposal, and Whereas Part B of the proposal may be considered for award at a later date based on the findings of Part A, now, therefore, now therefore be it Resolved that the Ithaca Town Board authorizes the award and execution by the Supervisor of a contract for Part A of the Project to Larson Design Group, 8836 State Route 434, Appalachian, NY 13732, subject to review by the Attorney for the Town. Moved: Seconded: Vote: item 7b MEETING OF THE ITHACA TOWN BOARD March 13th, 2023 TB Resolution 2023-XX: Acceptance of dedication of Sanitary Sewer Infrastructure associated with the 3-lot Subdivision at 519 Elm St Extension Whereas, the Town of Ithaca Planning Board has granted Preliminary Site Plan Approval for the proposed 3-lot subdivision located at 519 Elm St Extension, Medium Density Residential Zone, on March 16th, 2021 by PB Resolution 2021-008. The project involved subdividing the 8.2-acre parcel into three lots (Parcel A-1 is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The project also involved a private shared access road to serve the new parcels and an existing parcel, stormwater facilities, and connections to public water and sewer facilities. David and Sarah Locke Mountin, Owners/Applicants. Whereas, the Town of Ithaca Planning Board has granted Final Site Plan Approval for the project, on October 5th, 2021 by PB Resolution 2021-024. Whereas, the Town Board accepted the concept and location of utilities associated with the Project by TB Resolution 2022-085; and Whereas, the potable water infrastructure has been completed in a manner satisfactory to the Town Highway Superintendent and the Director of Engineering: and Whereas, the Project proposed dedication to the Town of Ithaca the public sanitary sewer infrastructure as shown on the “As-Built” plan titled “519 Elm Street Subdivision”, dated February 15th, 2023; prepared by Steven John Arthur Maybee, P.E.; and Whereas, the Attorney for the Town has reviewed and approved the title, and easements associated with the dedication of the infrastructure to the Town; said easements being filed as instrument 2022-07529 and 2022-07531 with the Tompkins County Clerk, now therefore be it Resolved, that the Ithaca Town Board hereby accepts the dedication of the above-described public sanitary sewer infrastructure from David and Sarah Locke Mountin. Moved: Seconded: Vote: ayes – item 8 March 2, 2023 Town of Ithaca 215 North Tioga St. Ithaca, NY Dear Dan Thaete (Director of Engineering) and Joe Slater (Director of Public Works), This letter is to request the Town of Ithaca take ownership of the new completed Sewer line and manholes for the 519 Elm St. Ext. Ithaca Development. The sewer infrastructure system concept and location is detailed, specified and installed according to the subdivision drawings approved by the Town of Ithaca Planning Board on October 5, 2021, Resolution No.2021-024, and signed plat dated November 9, 2021. The installed sewer infrastructure system is detailed, specified and installed according to the subdivision As-built drawings titled 519ElmSubdivision_SingleSheetAsBuilt_SG(2) dated February 15, 2023 and approved by the Town of Ithaca Engineering on March 1, 2023. The easements associated with the sewer system were granted between land owned by David and Sarah Locke Mountin and land owned by Christian Haller and were filed with Tompkins County Clerk on July 7, 2022 Instrument # 2022-07531. Respectfully, David and Sarah Locke Mountin Owners/Developers 738 Elm St. Extension Ithaca, New York 14850 GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS0+001+002+003+004+00WALTERS WAY15' WIDE PRIVATE SHARED DRIVEWAY473 - LF LongWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSW W8" Water12" AC SewerEXIST. MANHOLERIM 735.49'INV EL. IN 726.30'INV EL. OUT 726.13EXIST. MANHOLERIM 709.01'INV EL. IN 701.97'INV EL. OUT 701.88'8" Water12" AC SewerRIM=717.0INV=712.715" CpEp CULVERT68-LF @ S = 8.0% avg+/-Inv. El. 717.96'18" CPP Culvert30-LF @ S = 4.9% avg+/-Inv. El. 693.88'Driveway Cut1.5" PE C.T.S. Water LinesWet tap new 1" K-Copperservices to existing 8" DIwater mainApproximate location of existing 8" DI Water Main (Based on SCLWIC and TGMiller, P.C. records)Street Pressure 78psi (Town of Ithaca)CapR 48'R 56'MThree (3) Mueller Meter Pitsand 3/4" MetersE/One Wastewater Pump StationFinal location to be determinedin field (PS)PSPSPS2.0" SDR 11 HDPE Sanitary Lines1.5" Cap in Place for FutureConnection695700685 Corridor for Electrical, Cable,Communications, etc.10'W x 30' L Mailbox PulloffFine Rip Rap690 NYSEG TransformerNYSEG Transformer4+7360'R 28'17'CapDriveway Cut w/12" CpEp CULVERT18-LF @ S = 2.8% avg+/-Inv. El. 686.50'Fine Rip RapGrassed Swale Driveway CutIFD TurnaroundSite(s) for Potential FutureDevelopmentNew 4' Diameter Manhole - MH 1Rim El. 703.90'NE Inv. El. 698.50'New 6" SDR 35 PVC56-LF @ S = 7.6%Core lateral into existing manholeat El. 695.00'20' Maintenance and Access EasementTown of IthacaNew 4' Diameter Doghouse Manhole - MH 2Rim El. 704.00NE Inv. El. 694.00'ROW Maintenance and Access EasementChristian Haller to Town of Ithaca10.0'20.0'10.0'New Driveway Cut w/15" CpEp CULVERT20-LF @ S = 6.9% avg+/-Inv. El. 705.89'15" CpEp CULVERT20-LF @ S = 7.7% avg+/-Inv. El. 701.55'New Driveway Cut w/15.0'30.0'15.0'Note:1.In accordance with the State Pollution DischargeElimination System (SPDES) permit associated withthis project, each lot can only be improved with atotal of one dwelling unit with an overall siteimpervious coverage not to exceed 25%. Shouldthe developer decide to exceed these parameters, anew SPDES permit will need to be developed whichshall include stormwater quality and quantitycontrol(s).2.All storm sewers located within the R.O.W. shall beinstalled in accordance with Town of IthacaStandard Details and Specifications.15' w30'MMWALTERS WAY117 Walters Way121 Walters Way118 Walters Way519 Elm Street Ext.525 Elm Street Ext.Intersection of Elm St. Ext andWalters WayAddress - 100 Walters WayWater & Sewer Work completed on November 30, 2022.As-Built Notes MH-1NYState Plane Central Zone Per CORS NetworkNorthing: 887583.3011040Easting: 834943.1960659Holbrooks' Precast Inc.4' Dia w/extended base w/24" Frame and CastingBituminuous coating inside and outsideButyl Seal Gasketing between each riser section6" PVC SDR 35 PenetrationInv. El. 698.50' at 0 degreesPen-Seal Link Seal, 6" x 10" for 6" SDR 35 PVC4 - 2" DI Penetrations, set at 167, 188, 211, 232 degreesInv. El. all, 699.25'Pen-Seal Link Seal, 2" x 4" for 2" Ductile Iron PipePipe openings sealed with C-150 GroutAs Built Notes MH-2NYState Plane Central Zone Per CORS NetworkNorthing: 887629.9984914Easting: 834973.4241902Holbrook's Precast Inc.4' Dia w/extended base w/24" Frame and CastingBituminous coating inside and outsideBuytl Seal Gasketing between each riser sectionDoghouse openings 18" x 26"HInv. El. 694.43' ea at 0 and 180 degrees10" penetrationInv. El. 695.00' at 285 degreesPen-Seal Link Seal, 6" x 10" for 6" SDR 35 PVCDog house openings and bench formed in field using 5000 psi concretePipe penetration sealed with C-150 GroutAs-built Elm St. Ext Asphalt RestorationThicknesses and type as per project detail, Sheet S-4Subbase Type 4Cobbled Crusher RunBinder, Type 3Top Course HansenWWWSSApprox. LocationAbandoned 4" Clay Tile SewerExisting 36" CMP Storm CrossingS.G.1" - 40'S-221-001SITE PLAN UTILITY LAYOUTFeb 14, 2023TOWN OF ITHACA, ITHACA, NEW YORK 519 ELM STREET SUBDIVISIONSCALE: 1" = 40'-0"40'0'40'60'07/22/21 Modified sanitary manhole layout 07/27/21 Added property setbacks and dimensions Added driveway cuts for lots 0.41 and 0.43 09/01/21 Added note about storm sewer within R.O.W.AS-BUILT MEETING OF THE ITHACA TOWN BOARD March 13, 2023 TB Resolution 2023 - : SEQR- Approval of Amendment No. 2 to Communications Site Lease Agreement for the Christopher Water Tank Whereas, this action is the adoption of Amendment No. 2 to a Communications Site Lease Agreement between the Town of Ithaca and SprintCom LLC which involves the replacement and installation of telecommunications antennas and equipment on the Christopher Circle/Lane Water Tank; and Whereas, this is an Unlisted Action for which the Ithaca Town Board is acting in an uncoordinated environmental review with respect to the proposed amendment; and Whereas, the Town Board, at its regular meeting held on March 13, 2023, has reviewed, and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Vote: item 9a Ithaca Town Board Meeting March 13, 2023 TB Resolution No. 2023 - : Approval of Amendment No. 2 to Communications Site Lease Agreement for the Christopher Water Tank Whereas, on November 22, 2002, the Town Board adopted TB Resolution No. 2002-178, Authorizing the Execution of an Agreement with Independent Wireless One for the Installation of Telecommunications Antennae on the Christopher Lane Water Tank, and Whereas, on November 10, 2014, the Town Board adopted TB Resolution No. 2014-182, Approval of the Amendment No. 1 to Communications Site Lease Agreement Regarding the Christopher Tank Replacement; Amendment No. 1 identified and allowed the relocation of Independent Wireless One Leased Realty Corporation’s telecommunications facilities (including the additions of previously approved antennas) and site easements from the original Christopher Circle/Lane water tank onto the new water tank at the same approximate location (the “Premises”), and Whereas, SprintCom LLC, which is the successor-in-interest to Independent Wireless One Leased Realty Corporation, wishes to modify its installation on the Premises by replacing six antennas and adding three additional antennas, two equipment cabinets and related communications appurtenances (all of which have been previously authorized and approved by the Town) to its existing facilities on the Premises, and Whereas, proposed Amendment No. 2 to Communications Site Lease Agreement sets forth the design and location of SprintCom LLC’s proposed modified facilities and provisions related to same, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, approval of Amendment No. 2 to Communications Site Lease Agreement is an Unlisted action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to said approval, has on March 13, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3 prepared by the Town’s Planning staff, now therefore be it Resolved, that the Town Board does hereby approve and authorize the Town Supervisor to sign Amendment No. 2 to Communications Site Lease Agreement on behalf of the Town, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: Ayes – Amended lease agreement - Town of Ithaca Board Page 1 of 2 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 small impact may occur Moderate to large impact may 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: 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? Page 2 of 2 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. 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. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: TMO Site No.: UP30688A (AL53XC850) 1 AMENDMENT NO. 2 TO COMMUNICATIONS SITE LEASE AGREEMENT This Amendment No. 2 to Communications Site Lease Agreement (“Amendment No. 2”), effective as of the date last signed below (“Effective Date”), further amends a certain Communications Site Lease Agreement initially made between Independent Wireless One Leased Realty Corporation and the Town of Ithaca (“Lessor”), dated November 22, 2002 (the “Agreement”), as amended by Amendment No. 1 to Communications Site Lease Agreement between the same parties and effective January 13, 2015. The parties to this Amendment No. 2 are Lessor and SprintCom LLC (“Lessee”), a Kansas limited liability company. Lessee is the successor-in-interest to Independent Wireless One Leased Realty Corporation, which merged into SprintCom, Inc. in 2020. In 2021, SprintCom, Inc. converted into SprintCom LLC. BACKGROUND WHEREAS, Lessee desires to modify its installation on the Premises by replacing six antennas and adding three additional antennas, two equipment cabinets and related communications appurtenances (all of which have been previously authorized and approved by the Town) to the existing Lessee Facilities on the Lessor's Property; and WHEREAS, Lessor and Lessee desire to set forth herein the design and location of the proposed modified Lessee Facilities and provisions related to same; NOW THEREFORE, the parties hereby agree as follows: AGREEMENT In consideration of the mutual promises between the parties and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Lessor and Lessee agree as follows: 1. Modification to the Lessee Facilities. Exhibit B of the Agreement is hereby amended to include Exhibit B-Amendment No. 2, a copy of which is attached hereto and made a part hereof. Upon full execution of this Amendment No. 2 and pursuant and subject to Section 6 of the Agreement, Lessee is permitted to do all work necessary to prepare, maintain and alter the Premises to install, modify or otherwise relocate the Lessee Facilities, all as more fully described and contemplated in Exhibit B-Amendment No. 2. Lessee shall operate the Lessee Facilities shown in Exhibit B-Amendment No. 2 in the frequency bands shown in Exhibit C. 2. Increased Rent. The following is added to Section 5 of the Agreement: “Upon full execution of this Amendment No. 2, monthly Rent will be increased by One Hundred Fifty Dollars and No Cents ($150.00), partial months to be prorated. The current monthly Rent of Two Thousand Eight Hundred Eighty-Five Dollars and Eighteen Cents ($2,885.18) consequently will be increased to Three Thousand Thirty-Five Dollars and Eighteen Cents ($3,035.18). This latter number will be the basis on which the next annual 3.5% increase is based, and the timing of the annual 3.5% increases will remain unchanged. 3. Certification of Compliance with Radio Frequency Emission Limits. TMO Site No.: UP30688A (AL53XC850) 2 Within forty-five (45) days of initial operation of the additional antennas that Lessee will install pursuant to this Amendment No. 2, Lessee shall submit to Lessor’s Director of Code Enforcement a written certification by a licensed professional engineer, sworn to under penalties of perjury, that the radio frequency emissions from Lessee’s Facilities comply with the applicable Federal Communication Commission (FCC) Maximum Permissible Exposure (MPE) limits for General Population/Uncontrolled Exposure codified in 47 CFR § 1.1310(e)(l), Table 1 or any successor regulation. The licensed professional engineer shall measure the emissions of Lessee’s Facilities as well as (where required by FCC regulation, bulletin, order or guidance) the cumulative emissions from other nearby personal wireless service facilities, and determine if such emissions are within the FCC’s MPE limits referenced above. Lessee shall submit to Lessor’s Director of Code Enforcement a report of these measurements and the engineer's findings with respect to compliance with the FCC's MPE limits. If the report shows that Lessee’s Facilities do not comply with applicable limits, then Lessee shall immediately cease operation of Lessee’s Facilities until they are brought into compliance with such limits. Proof of compliance shall be a written certification by a licensed professional engineer, sworn to under penalties of perjury, that the radio frequency emissions from Lessee’s Facilities comply with the applicable FCC MPE limits. Lessor may require, at Lessee’s expense, independent verification of the results of this analysis. After submission of the proof of compliance with the FCC’s MPE limits described above, Lessor shall thereafter provide proofs of compliance with the applicable FCC MPE limits no less frequently than twelve (12) months after the date of submission of the last proof of compliance. All of the provisions applicable to the initial submission shall apply to subsequent submissions. Lessor may employ a licensed professional engineer to conduct random and unannounced tests of Lessee’s Facilities to certify their compliance with the FCC’s MPE limits. Lessor may cause such random testing to be conducted as often as Lessor may deem appropriate. However, Lessor may not require Lessee to pay for more than one Lessor test per calendar year on Lessee’s Facilities, unless such testing reveals that Lessee’s Facilities are exceeding the FCC’s MPE limits. In such a case, Lessee shall immediately cease operation of Lessee’s Facilities until Lessee submits proof of compliance as described above. Within forty-five (45) days of Lessor’s receipt of such proof of compliance, Lessor may conduct a follow-up test at Lessee’s expense to verify compliance. 4. Notices. Lessee’s addresses for notice purposes in Section 16.d of the Agreement and Section 3 of Amendment No. 1 are: Sprint Property Services Sprint Site ID No.: UP30688A Mailstop KSOPHD0101-Z2650 6220 Sprint Parkway Overland Park, KS 66251-2650 With a copy to: Sprint Law Department Attn.: Real Estate Attorney Sprint Site ID No.: UP30688A TMO Site No.: UP30688A (AL53XC850) 3 Mailstop KSOPHD0101-Z2020 6220 Sprint Parkway Overland Park, KS 66251-2020 5. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement and Amendment No. 1. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement (as amended by Amendment No. 1) and the terms and conditions contained in this Amendment No. 2, the terms and conditions herein will control. Except as set forth herein, all provisions of the Agreement (as amended by Amendment No. 1) are ratified and remain unchanged and in full force and effect. (c) This Amendment No. 2 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic copies of this Second Amendment shall legally bind the parties to the same extent as documents containing wet signatures. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. (e) Lessor warrants and represents that the consent or approval of no third party, including, without limitation, a lender, is required with respect to Lessor’s execution of this Amendment No. 2, or if any such third party consent or approval is required, Lessor has obtained any and all such consents or approvals The parties have executed this Amendment No. 2 as of the date shown below their respective signatures. Lessor: Lessee: Town of Ithaca SprintCom LLC By: By: Name: Name: Title: Title: Date: Date: TMO Site No.: UP30688A (AL53XC850) 4 ACKNOWLEDGMENTS LESSOR STATE OF NEW YORK) COUNTY OF TOMPKINS) ss.: On the ___ day of March in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared Rod Howe, 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ______________________________ Notary Public LESSEE STATE OF ____________) COUNTY OF __________) ss.: On the ___ day of March in the year 2023 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ______________________________ Notary Public TMO Site No.: UP30688A (AL53XC850) 5 EXHIBIT B-AMENDMENT NO. 2 TO COMMUNICATIONS SITE LEASE AGREEMENT DRAWINGS TMO Site No.: UP30688A (AL53XC850) 6 EXHIBIT C T-MOBILE ANTENNA INVENTORY MEETING OF THE ITHACA TOWN BOARD March 13, 2023 TB Resolution 2023 - : Adoption of Consent Agenda Resolved that the Consent Agenda is hereby adopted: a. Approval of Town Board Minutes – None b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point (SCLIWC) Vouchers d. Appointment of Conservation Board Member - Cantone e. Acknowledge receipt of Town Court outside audit f. Approval of job descriptions – Sustainability Planner and Civil Engineer g. Approval of lease renewal – TC Health Consortium h. Ratify appointment of Benefits Specialist at GTCMHIC – Rodrigues TB Resolution 2023 – b: Town of Ithaca Abstract No. 5 for FY-2023 VOUCHER NOS. 60 – 118 General Fund Town Wide 50,934.16 General Fund Part-Town 3,859.30 Highway Fund Town Wide DA 33,385.09 Highway Fund Part Town DB 43,943.89 Water Fund 636,264.54 Sewer Fund 710,659.22 Risk Retention Fund Fire Protection Fund 8,299.39 Forest Home Lighting District 23.84 Glenside Lighting District 12.13 Renwick Heights Lighting District 12.05 Eastwood Commons Lighting District 12.29 Clover Lane Lighting District 2.76 Winner’s Circle Lighting District 5.94 Burleigh Drive Lighting District 9.60 West Haven Road Lighting District 25.96 Coddington Road Lighting District 17.49 Trust and Agency Debt Service TOTAL 1,487,467.65 TB Resolution 2023 - c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 66-115 Check Numbers: 20784-20833 Capital Impr/Repl Project $ 62,150.48 Operating Fund $ 77,619.89 TOTAL $ 139,770.37 Less Prepaid $ 17,247.68 TOTAL $ 122,522.69 TB Resolution 2023 - d: Appointment of Conservation Board Member Resolved, that the Town Board appoints Frank Cantone, 113 Park Lane, Ithaca, to the Conservation Board, Regular Member, with the term ending December 31, 2024. TB Resolution 2023 - e: Acknowledge Receipt of outside audit of Town Courts Resolved that the Town Board has received the annual outside audit of Town Courts for 2022. TB Resolution No. 2023 - f: Approval of Revised Job Descriptions Whereas, the Personnel and Organization Committee reviewed the revisions made to the Sustainability Planner and Civil Engineer job descriptions to bring them up to date and recommend approving the revised job descriptions; now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the revised job description for Sustainability Planner and Civil Engineer. TB Resolution 2023 – g: Authorization for the Town Supervisor to sign lease agreement with Greater Tompkins County Intermunicipal Health Insurance Consortium Whereas the Greater Tompkins County Intermunicipal Health Insurance Consortium (Consortium) has a current lease with the Town of Ithaca that is a renewable annually on March 31st; now, therefore, be it Resolved that the Town Board authorizes the Town Supervisor to execute the revised lease agreement for effective April 1, 2023. TB Resolution No. 2023 - h: Ratify Permanent Appointment of Benefits Specialist at GTCMHIC. Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC), approved the permanent appointment of Kylie Rodrigues to the title of Benefits Specialist, from the eligible listing, effective, February 14, 2023; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC’s permanent appointment of Kylie Rodrigues to the title of Benefits Specialist with no change in current compensation or benefits, retro-active to February 14, 2023, with a twenty-six (26) week probationary period applies with no further action if there is successful completion of the probationary period as determined by the Executive Director.