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HomeMy WebLinkAboutTB Packet 2017-07-24 Meeting of the Ithaca Town Board F3 i Monday,July 24, 2017 at 4:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Agenda 1. Public Hearing regarding a proposed local law extending the moratorium on new two- family dwellinu... and on the addition of a second dwelling unit to an existing one-family dwelling, through October 31, 2017 a. Consider adoption 2. Discuss Rental Operating Permit Program 3. Discuss request for establishing an open development zone for 185 Kendall Avenue 4. Discuss and consider award of contract for the 2017 Manhole Rehabilitation Project 5. Committee Reports Budget Planning Public Works Personnel and Organization Other or Intermunicipal 6. Report of Town Officials 7. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract Meeting of the Ithaca Town Board Fav Monday, August 7, 2017 at 5:30 p.m. qn Agenda I. Call to order and Pledge of Allegiance 2. Ithaca Common Council —Donna Fleming 3. Quarterly Report of the Board of Fire Commissioners 4. Persons to be Heard and Board Comments 5. Public Hearing: A Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" 6. Consider adoption of local laws associated with sign and murals: (1) A Local Law Revising the Town of Ithaca's Sign Provisions by deleting Town of Ithaca Code Chapter 221, "Signs," and by adding Sign Provisions to and revising Town Code Chapter 270, "Zoning," and Chapter 271, "Zoning: Special Land Use Districts;" (2) A Local Law Adding Art Mural Provisions To Town Code Chapter 270. "Zoning:" and (3) a Local Law Conforming Sign Requirement References in Town of Ithaca Code Chapter 125, "Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor" and (4) a local law deleting Town of Ithaca Code Chapter 192 "Numbering of Buildings" 7. Public Hearing regarding a proposed Public Interest Order for a"Water Improvement for the Town of Ithaca. Tompkins County, New York, pursuant to Article 12-C of the Town Law, to he known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area' a. Consider Adoption 8. Public Hearing regarding a proposed "Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-C" a. Consider Adoption 9. Discuss and consider setting a public hearing regarding the Southern Cayuga Lake Intermunicipal Commission (Bolton Point) Preliminary Budget 10. Discuss and consider approval of the Corrective Action Plan for the NYS Comptroller's Information Technology Audit 11. Discuss and consider authorization for Route 96B grants 12. Acknowledge receipt of the Town Court Audits 13. Discuss and consider establishing a Citizen Advisory Committee on Deer Management 14. Consider Consent Agenda Items a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Close Capital Project—Pine Tree Road ??? e) Ratification of Assistant Distribution Manager—Bolton Point f) Ratification of Distribution Operator Assistant—Bolton Point 15. Report of Town Officials and Committees 16. Intermunicipal Organizations 17. Review of Correspondence 18. Adjournment i MEETING OF THE ITHACA TOWN BOARD Monday,July 24,2017 TB Resolution 2017-: Adopt Local Law 11 of 2017 Extending the Moratorium on New Two-Family Dwellings,and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling, Through October 31,2017 Whereas, the Town Board of the Town of Ithaca adopted Local Law 5 of 2016 entitled Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy (270) Days; and Whereas, on February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017," which local law is set to expire on July 31, 2017; and Whereas, the Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings and discussed draft legislation at its meetings on June 10, and June 26, 2017; and Whereas, the Town Board anticipates that its review, study and consideration of this legislation, can be completed by October 31, 2017; and Whereas, the Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation; and Whereas, extension of the moratorium until October 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation; and Whereas, at its meeting on July 10, 2017, the Town Board discussed a local law to extend the moratorium until October 31, 2017, and set a public hearing for July 24, 2017 at 4:30 p.m. to receive public comments on it; and Whereas, a notice of public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held 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 i the Town Board that adoption of the proposed local law is a Type II action because it constitutes "adoption of a moratorium on land development or construction" pursuant to 6 NYCRR § 617.5(c)(30), and thus adoption of the proposed local law is not subject to review under SEQRA; now therefore be it Resolved, that Local Law of 2017 entitled Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling, through October 31,2017 is hereby adopted, and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: Ayes— TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS,AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH OCTOBER 31, 2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled"A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling; for a Period of Two Hundred Seventy(270) Days," which local law became effective on May 13, 2016, and was due to expire on February 6,2017. B. On February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017, entitled"A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31,2017," which expires on July 31, 2017. C. The Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings. D. The Town Board anticipates that its review, study and consideration of these issues can be completed, and legislation can be drafted and properly adopted by October 31, 2017. E. The Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. F. Extension of the moratorium until October 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section 1.K is amended to read as follows: Pg. 1 "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by October 31, 2017, and that legislation, if needed, can be drafted and properly adopted within that timeframe" B. The first sentence of Section 2 is amended to read as follows: "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through October 31, 2017,prohibiting each of the following actions within all zones in the Town of Ithaca except the High Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:" The rest of Section 2 (paragraphs A-D) remains unchanged. C. Section 7 is revised to read as follows: "Section 7. Term. This local law shall be in effect through October 31, 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law.,, Section 3. Any provision of Local Law No. 5 of the Year 2016 not amended herein remains in full force and effect. Section 4. Local Law No. 2 of the Year 2017 is hereby repealed in its entirety. Section 5. Validity. 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 6. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. Pg. 2 STUDY SESSION OF THE ITHACA TOWN BOARD Monday,July 24,2017 TB Resolution 2017- : Authorization to Award the Contract for the 2017 Manhole Rehabilitation Prolect Whereas: The adopted 2017 Ithaca Town Budget included $300,000 for Sanitary Sewer Rehabilitation, which includes Manholes; 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, construction and implementation of the 2017 Manhole Rehabilitation Project (the "Improvement" or "Project") are a Type II Action because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; and Whereas: On July 17, 2017, the Director of Public Works/Highway Superintendent (Director)received bids for the Project; and Whereas: The Director has reviewed the bids and qualifications of the bidders and has determined the lowest responsive bid in the amount of $121,442.90 was made by the lowest responsible bidder, Kenyon Pipe Inspection, LLC., 22 Helen Drive, Queensbury, NY 12804; now therefore be it Resolved: That the Town Board hereby authorizes the award of the contract for the Town of Ithaca 2017 Manhole Rehabilitation Project to Kenyon Pipe Inspection LLC.; and be it further Resolved: that the Town Supervisor is authorized to execute such contract subject to approval of the final contract documents by the Town Engineer and Attorney for the Town; and be it further Resolved: that the Director is authorized to approve change orders to such contract upon receipt of appropriate justification provided the maximum amount of such change orders shall not in the aggregate exceed $12,100.00 without prior authorization of this Board, and provided further that the total project cost, including contract, engineering, legal, inspection, and other expenses,does not exceed the maximum authorized cost of$133,542.90 for the project. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday,July 24, 2017 TB Resolution 2017 -082: 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 Moved: Seconded: Vote: Ayes— TB Resolution 2017- a: Approval of Town Board Minutes of July 7 & 17, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on July 7 & 17, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 890 - 963 General Fund Townwide 48,087.80 General Fund Part-Town 1,163.07 Highway Fund Part-Town 312,381.16 Watcr Fund 119,675.38 Sewer Fund 2,831.55 Risk Retention Fund 69.95 Fire Protection Fund 282,183.74 TOTAL 766,392.65 SPECIAL MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga St.,Ithaca,NY Tompkins County July 17,2017 at 12:00 p.m. Present: Board Members Bill Goodman, Pamela Bleiwas, Rod Howe and Pat Leary and Paulette Rosa, Town Clerk Mr. Goodman opened the meeting at 12:02 p.m. and gave an overview of the need for the special hearing to run the public interest order process for the engineering services associated with the larger public interest project of the water tank. TB Resolution 2017 - 083: Order Setting a Public Hearing Regarding Engineering and Design Services for a Proposed Water Improvement for the Town of Ithaca. Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement, and establishing the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area Present: Bill Goodman, Pat Leary, Rod Howe and Pamela Bleiwas Absent: Tee-Ann Hunter, Rich DePaolo and Eric Levine Moved: Bill Goodman Seconded: Rod Howe Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, to provide engineering and design services relating to proposed water system improvements, pursuant to Article 12-C of the Town Law, to be known and identified as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement to the present Town water system, to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area"; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the area of said Town determined to be benefited by said Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of engineering and design services, and preparation of construction documents for a potential new 600,000 gallon steel glass-lined water tank proposed to be located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow 1 Road intersection, installation of approximately 4,000 LF of 12" and 10" water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, the modification/reconstruction of a control building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, and other related ancillary services, at an initially determined maximum estimated cost to said Water Improvement Area of$500,000.00; and Whereas, said $500,000.00 maximum estimated cost, which is the cost of the project, shall be authorized to be financed, at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the issuance of serial bonds with a maximum maturity not in excess of the five (5) year period prescribed by the Local Finance Law,or directly by the issuance of such bonds; and Whereas, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County,New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at Town Hall, 215 N. Tioga St., Ithaca, in said Town, on the 31S` day of July, 2017, at 11:15 A.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid,all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Bill Goodman, aye; Pat Leary, aye; Rod Howe, aye; and Pamela Bleiwas, aye. 2 The Order was thereupon declared duly adopted. Meeting was adjourned at 12:06 p.m. Submittte Paulette Rosa,Town Clerk 3