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HomeMy WebLinkAboutTB Packet 2017-08-07 031 r�, Meeting of the Ithaca Town Board Monday,August 7, 2017 at 5:30 p.m. Agenda 1. 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 Be 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 SEQR b. 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 public hearings regarding the 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas and 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 authorizing the implementation, through execution of the Federal Aid Local Project Agreement with NYS DOT, and funding in the first instance, 100% of the federal-aid costs, and appropriating funds therefore, for the Route 96B (Danby Road) Sidewalk Project 12. Acknowledge receipt of the Town Court Audits 13. Discuss and consider establishing a Citizen Advisory Committee to review Deer Management Plan 14. Discuss development of West Hill and its implications 15. Consider Consent Agenda Items a) Approval of Town Board Minutes July 10, 24, and 31 b) Approval of Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Ratification of Assistant Distribution Manager—Bolton Point e) Ratification of Distribution Operator Assistant—Bolton Point f) Close Capital Project—Pine Tree Road 16. Report of Town Officials and Committees 17. Intermunicipal Organizations 18. Review of Correspondence 19. Consider entering executive session to discuss the acquisition of real property where disclosure could affect the price 20. Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of Z�' the Town of Ithaca and the notice has been duly published in the of newspaper, Ithaca,journal: I-] ADVERTISEMENT/NOTICE r] NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL I.] NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Public Hearing re Murals Law and Tax Levy Override Location of Sign Board Used for Posting: Town Clerk's Office 2 15 North Tioga Street Ithaca, NY 14850 R. TOWIN OFITHACA Town website at www.tow i.1thaCanyLL 4s, NOTICE OF PIUSLIC 0); HEARINGS �w ravel Th a mIthaca Town Board wlill oe 2- hW eeon ting , August N 7, 2017 at Town Hall, 215 Date of Posting: July 19, 2017 A-' rgqfnlnNi(�r)iga .m. calla " ' Ved pub$lc hearings Date of Publication: July 26, 20m "chedk 17 irl'. rat9ordinga : a proposed locE K, law Adding Ar-t Mural Pro- t,aA- v'isions to Town C.ode Chap- te r 270, "Zoning " and as vs, prop losed! "Local' Law to 14; C,VerrjCle ttle "l",JX Le 'Vy Llrrjjjt 4" Estab"shel in 6oisereal Mu- 16' rligigal Law §3< &L suclhi and place al0 persons interested qn the proposed local laws rn ay be heard. In- Paulette Rosa 125t formation orl any of the above c11 � I I - an be fduiid at wvv Town Clerk Of w.town.fthacamy.us or by to co ritacting the, Town Clear- di- k'%,<Wke eat�7 -1 721 to ad- Paulette Rosa re,, "rcwn Clerk 0r, 7121V210i 7 STATE OF NEW YORK) rd 7126/17 1 r COUNTY OF TOMPKINS) SS: (03) TOWN OF ITHACA) I Sworn to-and,,sLlbscribed before me this day of 2017. Notary Pu Debra DeAugistine Notary PUbfic-State of New York No,01 DE 148035 oualified in Tompkins County My Carr mis.Mon Expires June 19,20 Agenda If t urn MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017- : (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 Requirements 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" Whereas, over many years, staff from the Town of Ithaca Planning and Code Enforcement Departments,along with the Attorney for the Town,have identified Town Sign Law provisions that are in need of revision and/or updating, and Whereas, the Town Board has recognized the importance of revising the Sign Law, in order to ensure that the law is content-neutral, consistent with other laws of the Town and updated to reflect new sign technology; and has worked collaboratively and over many years with the Codes and Ordinances Committee to draft a comprehensive and effective law, and Whereas, during the many discussions regarding the Sign Law, the Codes and Ordinances Committee also discussed regulating art murals, finding that art murals were not signs and therefore required their own regulation, and Whereas,at its August 12,2015 meeting,the Codes and Ordinances Committee finalized an initial draft of the Sign Law and referred said law to the Town Board for consideration, and Whereas, at its meeting on October 19, 2015, the Town Board referred the proposed local law related to Signs to the Planning Board, Zoning Board of Appeals, Conservation Board and Agricultural Committee, for their review and recommendations, and Whereas, the Town received numerous comments on the draft law that were reviewed and discussed at meetings of the Codes and Ordinances Committee in 2016 and 2017, which resulted in a revised local law related to Signs that the Codes and Ordinances Committee referred to the Town Board at its January 11, 2017 meeting, and Whereas, during that same period of time,the Codes and Ordinances Committee reviewed a draft local law related to Art Murals,which was also referred to the Town Board at its January 11,2017 meeting; and the Attorney for the Town drafted a local law that would cross-reference the new Code location of relevant sign provisions; and Whereas,the Town Supervisor,Town staff and the Attorney for the Town thereafter met a number of times to prepare the next version of the laws, and 1 Whereas,at its meeting on May 8,2017,the Town Board of the Town of Ithaca reviewed,discussed and further revised the proposed local laws and adopted a resolution for a public hearing to be held by said Town Board on June 12,2017 at 5:30 p.m. to hear all interested parties on the proposed local laws entitled L "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 Requirements References In Town of Ithaca Code Chapter 125,`Building Construction And Fire Prevention,"And Chapter 173,"Lighting,Outdoor," and 4. "A Local Law Deleting Chapter 192 of the Town of Ithaca Code, "Numbering of Buildings" 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 laws, 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 laws is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of these local laws, on June 12, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3; and Whereas,the Town Board made additional changes to the proposed Art Mural Provisions local law and held an additional public hearing on August 7, 2017, Now, therefore, be it Resolved,that the Town of Ithaca Town Board hereby(1)determines that the above-referenced additional changes to the proposed Art Mural Provisions local law,which changes restrict art murals to certain zoning districts, are minor and have no negative impact on the environment, and (2) reaffirms the negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions 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, and Resolved, that the Town Board of the Town of Ithaca hereby adopts: 2 1. Local Law 12 of 2017 entitled"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. Local Law 13 of 2017 entitled "A Local Law Adding Art Mural Provisions To Town Code Chapter 270, "Zoning;" and 3. Local Law 14 of 2017 entitled "A Local Law Conforming Sign Requirements References In Town of Ithaca Code Chapter 125, `Building Construction And Fire Prevention," And Chapter 173, "Lighting, Outdoor," and 4. Local Law 15 of 2017 entitled"A Local Law Deleting Chapter 192 of the Town of Ithaca Code, "Numbering of Buildings" and it is further Resolved,that the Town Clerk is hereby authorized and directed to file said local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 3 Discussion draft for 05/08/17 'frown Board ineeting TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 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" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 221, entitled"Signs," of the Town of Ithaca Code, is deleted in its entirety. Section 2. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, Article III, entitled "Terminology,"is amended by adding the following definitions to Section 270-5, entitled "Definitions": ART MURAL --A one-of-a-kind work of visual art that is hand-painted, hand-tiled or digitally printed directly on, or affixed directly to, an exterior wall of a building. AWNING--A fixed or moveable roof-like frame structure that is entirely supported from a building and projects over doors, windows or other portions of the building exterior. BANNER --A type of sign made of flexible material that has all corners attached to poles by grommets or pole pockets. BACKLIT SIGN --A sign in which the illumination source appears behind the graphics of the sign to create a highlight that separates the graphics from the background. BUILDING FACE -- The exterior surface of a building. BUILDING FRONTAGE -- That part of a building or lot facing a sidewalk, street, or other public place. CANOPY -- A roof-like frame structure that is (a) supported by the exterior wall of a building and on columns or poles, or(b) self-supported wholly on columns or poles. A canopy differs from an awning because it is not entirely supported by the building. COPY-CHANGE SIGN -- A sign that is designed such that the visual message may be physically removed and changed on a periodic basis. EXEMPT SIGN --A sign described in § 270-250.A that is exempt from the provisions of this chapter. FLAG-- A type of sign made of fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. FLAG POLE --A freestanding structure or a structure attached to a building and used for the purpose of displaying flags. FREESTANDING SIGN -- A sign affixed to the ground independent of any adjacent building or structure. 1 Discussion draft for 05/08/17 'frown Board meeting GRAPHICS -- The letters, figures, emblems, devices, and other representations comprising the visual message of a sign. ILLUMINATED SIGN -- A sign illuminated internally or externally by artificial light, or which is composed of luminous tubing or other artificial lighting devices. LUMINOUS TUBING-- Tube of light that comes from sources such as neon, cold cathode, fiber optic, LED or other electric or gas-discharge source. MARQUEE --A permanent roofed structure that is attached to and projects from a theatre building's entrance. Marquees are supported entirely by the building and are generally designed to provide protection from the sun and rain. MONUMENT SIGN -- A type of freestanding sign, with a sign face or its base resting on the ground. MULTIUSE OR MULTI-TENANT FACILITY --A facility where two or more establishments are operated on any one parcel, or on contiguous parcels under the ownership or management of the same person, company or other entity. NONCONFORMING SIGN --A sign lawfully existing on the effective date of this chapter or subsequent amendment thereto, which does not conform to the regulations applicable in the zoning district in which it is located. OFF-PREMISES SIGN --A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. PROJECTING SIGN -- A sign protruding at an angle from a building or structure. RIGHT-OF-WAY, PUBLIC -- The streets, roads, highways, alleys and sidewalks within the Town that are public highways by use, or that the Town, County, or State has acquired by dedication, deeds, or grants or through the eminent domain process, including paved or finished travel surfaces, shoulders and ditches and drainage ways that convey water runoff from the travel surfaces. SIGN --A device for visual communication publicly displayed to identify, advertise, and/or convey information. SIGN SUPPORT -- The part or parts of a sign that structurally holds up the sign, including but not limited to, a single pole, two poles on either side of a sign, or a monument base. Terracing or additional stonework,pillars, or other structures that are not integrally part of a sign are not considered supports. SIGN SYMBOL -- A sign whose shape represents an object, or a customary identifying device such as a barber pole. STORE/ESTABLISHMENT FRONTAGE -- That part of a building frontage occupied by a single enterprise. WALL SIGN -- A sign painted or affixed on and parallel to an exterior wall of a building or other structure, but not on window glass or other window material. WINDOW SIGN --A sign painted or affixed on glass or other window material, or located inside within three feet of the window and visible from the exterior of the window, but not including window displays of products. 2 Discussion draft for 05/08/17 'frown Board meeting Section 3. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, is amended by adding new Article XXIX, entitled "Signs," as follows: "ARTICLE XXIX SIGNS § 270-246. Title. § 270-247. Purpose. § 270-248. Interpretation. §270-249. Prohibited signs and displays. § 270-250. Exempt signs; art murals. § 270-251. Signs requiring permits. § 270-252. Criteria applying to signs in all zones. § 270-253. Sign types found in this article. § 270-254. Residential and Conservation Zones. § 270-255. Agricultural Zones. § 270-256. Commercial and Industrial Zones. § 270-257. Sign illumination. § 270-258. Sign construction. § 270-259. Sign maintenance and removal; nonconforming signs. § 270-260. Design review. § 270-261. Computation of sign area. § 270-262. Sign permit. § 270-263. Severability clause. 3 Discussion draft for 05/08/17 'frown Board ineeting ROOF SIGN FREE- STANDING SIGN y CANOPY SIGN AWNING�SIGN , ' Source:Signage Made Simple-Monmouth,NJ County Planning Board § 270-246. Title. This article shall be known and cited as the "Town of Ithaca Sign Law." §270-247. Purpose. This article is enacted to guide and regulate signs to promote the public health, safety and welfare as follows: A. Provide minimum standards by regulating and controlling the number, size, design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures. B. Encourage signs and graphics that are compatible with the surrounding natural and built environments. C. Reduce the hazards of sign obstruction and distractions and improve traffic safety. D. Create a more attractive business climate. E. Conserve the value of buildings and properties. F. Protect and enhance the Town's aesthetic environment and appearance, including scenic views. G. Preserve the right of free speech and expression in the display of signs. H. Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter. § 270-248. Interpretation. A. The provisions of this article shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. In the case of conflicts between this article and other articles in Chapter 270, Zoning, the provisions of this article shall apply. In the case of conflicts between this article and other chapters of the Town Code, the more stringent provision shall govern. 4 Discussion draft for 05/08/17 'frown Board meeting B. The adoption of this article shall not affect any pending or prevent any future prosecution of action to abate any existing violation of Chapter 270, Zoning, as amended, if the use so in violation is in violation of the provisions of this article. § 270-249. Prohibited signs and displays. The following signs and displays shall be prohibited in all zoning districts, as established pursuant to Chapter 270, Zoning, except as otherwise permitted in this article: A. Off-premises signs. B. Animated signs and all electronic message centers (animated and non-animated), including signs with blinking, flashing, strobe, chasing or alternating color lights, or moving parts or messages. C. Graphics that physically or visually impair vehicular or pedestrian traffic by design, lighting, or placement. D. Pennants, valances, ribbons, spinners, streamers, searchlights, string or festoon lights, exposed luminous or fiber optic tubing (except in windows as specified in § 270- 256.F.4)neon lights, balloons or similar devices shall not be part of an exterior or window sign, or used for advertising or attracting attention. E. Signs with phosphorescent, fluorescent, or reflective material or paint. F. Signs placed, wholly or in part, on, over, or above any roof, building, marquee or other structure unless specifically permitted by this article. G. Any sign which could be mistaken or confused with a traffic control signal or device or official public information sign. H. Copy-change signs, except as specifically permitted in this article. L Signs on surfaces that are not flat and are not attached to a building, and sign symbols that are not attached to a building. J. All signs not expressly permitted by this article. § 270-250. Exempt signs; art murals. A. The following signs are exempt from the requirements of this article: 1. Public safety and public emergency signs. 2. Signs that are required by law, statute, ordinance or regulation, but the exemption shall extend only to the aspect(s) of the sign, such as size, height or location, that do not meet the requirements of this article and that are mandated(not merely permitted)by the law, statute, ordinance or regulation. All other aspects of the sign are subject to the requirements of this article. B. Art murals have different purposes and benefits than signs and are not signs. Art murals are subject to the requirements of Article XXX, Art Murals. § 270-251. Signs requiring permits. After the effective date of this article, sign permits are required for the following: 5 Discussion draft for 05/08/17 'frown Board ineeting A. Signs listed in § 270-256.A located in Commercial or Industrial Zones, and B. The erection, relocation or alteration of signs that have a variance by the Zoning Board of Appeals or that are included in a site plan approved by the Planning Board. § 270-252. Criteria applying to signs in all zones. A. Signs shall not: 1. Obstruct or impair vision or traffic. 2. Be attached to utility poles, bridges, or safety, traffic or street identification signs. 3. Be placed or painted on vehicles or trailers that are parked or located for the primary purpose of displaying such signs. B. Any otherwise lawful noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this article. § 270-253. Sign types found in this article. The following are pictorial descriptions of the types of signs that are described in this article. Chapter 270, Article III, Terminology, contains definitions of these types of signs. AWNING BANNER COPY-CHANGE SIGN ar[use�r�rs+ r;a,r iti,7t r CANOPY MARQUEE w i<r FREESTANDING/MONUMENT SIGN r f p / r1lu;��� J91° PROJECTING SIGN WALL SIGN 6 Discussion draft for / /I7 'fro n Board meeting 1 WINDOW SIGN BACKLIT SIGN EXTERNALLY-LIT SIGN INTERNALLY-LIT SIGN fl, NON-FLAT SURFACE SIGNS (e.g. 3-Dimensional) u 1 § 270-254. Residential and Conservation Zones. A. Freestanding, wall,projecting, awning and window signs and banners and flags are permitted as principal and accessory uses and structures as specified below. B. Unless otherwise specified below, signs may not be internally illuminated. C. Freestanding signs shall not exceed 6 feet in height. D. Except as provided in Subsection E below, signs up to 16 square feet in area in the aggregate on any one parcel are permitted. No one sign shall be larger than 6 square feet in area, except as provided in Subsection E below. E. Notwithstanding Subsection D above: 1. In Multiple Residence Zones, signs up to 36 square feet in the aggregate on any one parcel are 7 Discussion draft for 05/08/17 'frown Board meeting permitted. No one sign shall be larger than 24 square feet in area. 2. Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(5)below. 3. Signs that meet all of the following criteria shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in subparagraph 5 below: the signs are non-illuminated, they do not exceed 6 square feet in area per sign, they do not exceed 6 feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner. 4. Banners up to 24 square feet in area are permitted,provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits. 5. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right-of-way and from the lot line of any adjoining owner shall equal the height of the pole. 6. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet: (a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area. (b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 50 square feet in area. F. Wall signs 1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. 2. Wall signs shall not extend more than nine inches from the face of the building to which they are attached. 3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. G. Projecting signs 1. A projecting sign panel or sign symbol may extend three feet maximum from the building face. 2. No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. 3. Projecting signs shall not be of the copy-change type. 4. The top of a projecting sign shall be no higher than 12 feet from the ground. H. Awning signs 1. Awning signs may be located no further than six feet from the facade of the building to which they relate. 2. No sign shall project or be suspended from an awning. 3. Awning signs shall be completely within the outer edges of such awning. 8 Discussion draft for 05/08/17 'frown Board ineeting 4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches. 5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. L Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street and shall be placed no closer than 15 feet from a side lot line. § 270-255. Agricultural Zones. A. Freestanding, wall,projecting, awning, window, copy-change signs and banners and flags are permitted as principal and accessory uses and structures as specified below. B. Unless otherwise specified below, signs may not be internally illuminated. C. Freestanding signs shall not exceed 6 feet in height. D. Area of signs. 1. For parcels less than 5 acres in size: (a) Signs up to 24 square feet in area in the aggregate on any one parcel are permitted. (b) No one sign shall be larger than 12 square feet in area. 2. For parcels 5 acres in size or larger: (a) Signs up to 36 square feet in area in the aggregate on any one parcel are permitted. (b)No one sign shall be larger than 24 square feet in area. E. Notwithstanding Subsection D above: 1. Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel set forth in Subsection D above or in Subsection E(4)below. 2. Banners up to 24 square feet in area are permitted,provided that they are at least 500 feet from a public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits. 3. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right of way and from the lot line of any adjoining owner shall equal the height of the pole. 4. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet: (a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24 square feet in area. (b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 9 Discussion draft for 05/08/17 'frown Board ineeting 50 square feet in area. F. Wall signs 1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. 2. Wall signs shall not extend more than nine inches from the face of the building to which they are attached. 3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. G. Projecting signs 1. A projecting sign panel or sign symbol may extend three feet maximum from the building face. 2. No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. 3. Projecting signs shall not be of the copy-change type. 4. The top of a projecting sign shall be no higher than 12 feet from the ground. H. Awning signs 1. Awning signs may be located no further than six feet from the facade of the building to which they relate. 2. No sign shall project or be suspended from an awning. 3. Awning signs shall be completely within the outer edges of such awning. 4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches. 5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. L Copy-change signs 1. The copy-change portion of signs may be up to 12 square feet in area. 2. Copy-change lettering shall be no larger than 6 inches maximum height. J. Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the street and shall be placed no closer than 15 feet from a side lot line. § 270-256. Commercial and Industrial Zones. A. Freestanding, wall,projecting, marquee, awning, canopy and copy-change signs are permitted as principal and accessory uses and structures as specified below upon receipt of a sign permit. B. One wall sign or one projecting sign on each building or store/establishment frontage, and one freestanding sign are permitted. If an establishment has entrances for vehicular traffic on more than one public right-of-way, two freestanding signs are permitted. All freestanding and wall signs shall meet the placement and area requirements listed below. C. In the case of multiuse or multi-tenant facilities, one freestanding sign shall be allowed for the development as a whole, regardless of the number of separate establishments or tenants. If such 10 Discussion draft for 05/08/17 'frown Board ineeting multiuse or multi-tenant facility has entrances for vehicular traffic on more than one public right-of- way, two freestanding signs are permitted. Each line of a multiuse or multi-tenant sign shall contain information pertaining to only one use or tenant. D. In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not exceed 6 square feet in area per sign, they do not exceed 6 feet in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any adjoining owner. E. In all Commercial and Industrial Zones, up to 4 freestanding signs that meet both of the following criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above: the signs do not exceed 4 square feet in area per sign, and they do not exceed 4 feet 6 inches in height. F. Permitted sign dimensions and other criteria in Commercial and Industrial Zones are as follows: 1. Freestanding signs (a) Freestanding sign panels shall have no more than two faces. (b) For road speed limits of 35 mph or less: 1) single-tenant signs may be up to 10 feet tall, with a maximum area of 32 square feet. 2) multi-tenant signs may be up to 10 feet tall, with a maximum area of 50 square feet. (c) For road speed limits over 35 mph: 1) single-tenant signs may be up to 16 feet tall, with a maximum area of 32 square feet. 2) multi-tenant signs may be up to 16 feet tall, with a maximum area of 50 square feet. No part of a freestanding sign shall extend into vehicular traffic areas, and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. (d) Freestanding signs shall be located outside of the public right-of-way, and shall be no closer than 15 feet from a side lot line. No part shall extend over a sidewalk. 2. Wall signs (a) The maximum area of wall sign graphics shall be one square foot for each linear foot of building frontage occupied by the enterprise on which the sign is placed. (b) Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached. (c) Wall signs shall not extend more than nine inches from the face of the building to which they are attached. (d) Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. 3. Projecting signs (a) The maximum area of a sign panel or symbol shall be 15 square feet. (b) A projecting sign panel or sign symbol may extend three feet maximum from the building face. (c) No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. (d) The top of a projecting sign shall be no higher than 12 feet from the ground. 11 Discussion draft for 05/08/17 'frown Board ineeting (e) Projecting signs may be of the copy-change type if they are marquees and meet the marquee requirements specified in this article. 4. Window signs are permitted,provided that they meet the standards of the applicable NYS Uniform Fire Prevention and Building Code. (a) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three- quarters of the window width or 6 square feet, whichever is less. 5. In lieu of any one or more of the wall,projecting or freestanding signs permitted above, one or more marquee, awning or canopy sign may be substituted instead,provided that: (a) Such marquee, awning or canopy sign is located no further than six feet from the facade of the building to which it relates. (b) The total number of signs does not exceed the number permitted pursuant to Subsections B and C above. (c) No sign shall project or be suspended from a marquee, canopy or awning. (d) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning. (e) Copy-change marquees are permitted as long as the copy-change portion is not internally illuminated. (f) For each linear foot of marquee perimeter the maximum area of graphics shall be one square foot. (g) Canopy or awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. (h) Canopy or awning lettering shall be a single line of lettering with a maximum height of six inches. (i) No part of a marquee, awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface. § 270-257. Sign illumination. Unless otherwise specified in this law, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. A. Internally lit signs 1. Internally illuminated signs must be constructed with an opaque or dark-colored background and translucent or light-colored text and symbols. 2. Illumination for all internally lit signs shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open or the activities are happening during those hours. B. Externally lit signs (e.g. direct illumination or backlit) 1. Top mounted fixtures are required for all externally-lit signs except for backlit signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of§173-6 of the Outdoor Lighting Law. 12 Discussion draft for 05/08/17 'frown Board ineeting 2. Backlit signs are permitted, but the background surface on which the light shines shall not be reflective. 3. Illumination for all externally lit signs in the Commercial and Industrial Districts shall be turned off between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open during those hours. For Residential and Agricultural Districts, illumination shall be turned off when the activity or special event ceases. § 270-258. Sign construction. A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the applicable New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations. B. Electrical. 1. Lighting fixtures and wiring shall conform to the requirements of the National Electrical Code and other applicable codes and regulations and shall have the approval of an appropriate electrical inspection person or agency, as determined by the Town. 2. Transformers, wires, and similar items shall be concealed. 3. All wiring to freestanding signs shall be underground. § 270-259. Sign maintenance and removal; nonconforming signs. A. Maintenance. The owner or person, company or other entity having control of a sign, and the owner of the lot on which such sign is located, shall be jointly and severally liable to maintain such sign, including its illumination sources and to prevent the development of any rust, corrosion, rotting, or other deterioration in the physical appearance of such sign. All signs, sign finishes, supports, and electrical work shall be kept in a neat, clean, attractive appearance, in safe condition, and in good working order at all times. B. Disused signs. Any sign, and any supports and electrical work, must be removed within 30 days after the conclusion of the event to which it refers, its purpose has been met, or the occupancy to which it relates no longer exists, unless the Code Enforcement Officer determines that such sign or portions thereof may be utilized by a subsequent enterprise. C. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade. D. Unsafe signs. 1. Unsafe signs shall be repaired or removed by the owner or person, company or other entity having control of the sign, or the owner of the lot on which the sign is located. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, Code Enforcement Officers may require removal of unsafe signs pursuant to the procedures described in this subsection. 2. If the Code Enforcement Officer determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt by the owner or person, company or other entity having control of a sign, or by the owner of the lot on which such sign is located, of the Town's written notice of removal.. 3. If the sign is not removed within three days after notification, the Town shall remove the sign at cost to 13 Discussion draft for 05/08/17 'frown Board ineeting the owner of the premises. 4. If it is determined by the Code Enforcement Officer that any sign is a source of immediate peril or imminent danger to any person or property, such sign may be removed summarily and without notice by the Code Enforcement Officer at cost to the owner of the premises. 5. The Town shall recover its costs pursuant to the procedures in Subsection F(3)(b) and (c)below. E. Signs on public rights-of way. 1. Signs placed on public rights-of-way that are not authorized by, or that do not conform with, the provisions of this article create unreasonable distractions to operators of motor vehicles; create confusion with regard to traffic lights, signs and signals; impair visibility of pedestrians and motor vehicles; distract from identification of surrounding businesses and home-house numbering; and detract from the aesthetic character of buildings, sites, districts and the Town as a whole. The prompt removal of such signs will protect the health, safety, and welfare of the community and prevent public nuisances. 2. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, Code Enforcement Officers are authorized to remove from Town public rights-of way any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from Tompkins County, Code Enforcement Officers are authorized to remove from County public rights-of way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article. Upon receipt of written approval from the New York State Department of Transportation, Code Enforcement Officers are authorized to remove from New York State public rights-of way within the Town any signs that are not authorized by, or do not comply with, the provisions of this article. F. Signs on private or public property. 1. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, the Town may utilize the following procedure to remove from public property (including public rights-of-way) and from private property any signs that are not authorized by, or do not comply with, the provisions of this article and that constitute a public nuisance or are dangerous to the public health, safety and welfare. 2. The Code Enforcement Officer may order removal of such sign by written notice to the owner or person, company or other entity having control of the sign, or to the owner of the lot on which such sign is located. The notice shall set forth a deadline by which such removal must be completed if the sign does not come into compliance with the requirements of this article by the deadline. Said notice shall further advise that, should the violator fail to so act within the established deadline, the sign removal may be performed by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises. 3. Town's removal of signs. (a) If the sign is not removed or does not come into compliance with the requirements of this article within the period set forth in the Town's notice or Town Board's decision after any appeal thereof pursuant to Subsection F(3)(c)below, the Town may enter the premises to remove the sign or cause the removal to be performed. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the sign, with the costs of such actions the sole responsibility of the violator. 14 Discussion draft for 05/08/17 'frown Board ineeting (b) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the sign removal. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest(at the statutory interest rate for money judgments in New York State courts)incurred from the date of the sign removal shall constitute a lien upon the land on which such removal was undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (c) Appeals of notices and Town bills. Any person receiving a notice to remove a sign, or a bill for Town costs and expenses, may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an Appeal requesting a reconsideration and administrative hearing before the Town Board. Such Appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the Appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within 5 days after such filing, at the address for such person designated in the Appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action. G. Nonconforming signs. 1. Existing portable signs, banners, and flags that are nonconforming with the provisions of this article shall be brought into conformance or removed within 90 days of the date of the adoption of this article. 2. Except as otherwise provided in Subsection G(1) above or elsewhere in this article, the lawful use of any sign existing at the date of the adoption of this article may be continued even though such sign does not conform to the provisions herein. 3. Sign permits are required for all nonconforming signs that come into compliance with the requirements of this article, if the sign requires a permit pursuant to § 270-251. A nonconforming sign may not be otherwise changed unless the Zoning Board of Appeals grants a variance and a sign permit is issued. When a nonconforming sign is in need of substantial repair(including replacement), as determined by the Code Enforcement Officer, the sign shall be made to come into compliance with the requirements of this article or be removed, unless a variance is granted by the Zoning Board of Appeals and a sign permit is issued. 4. The use of a nonconforming sign shall terminate within 30 days after the conclusion of the event to 15 Discussion draft for 05/08/17 'frown Board meeting which it refers, its purpose has been met, or the occupancy to which it relates no longer exists. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals. 5. Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days. § 270-260. Design review. A. Purpose. The following design guidelines are provided to encourage and direct appropriate and compatible materials, illumination and placement of proposed signs. In general, sign design shall be consistent with the purpose and intent of this article. B. Sign Review Criteria. All signs that require permits are subject to design review. The Planning Board shall review signs associated with site plans, special permits and subdivisions. The Zoning Board of Appeals shall review signs that require variances or are associated with special approvals, but are not part of a site plan, special permit or subdivision application. The Planning Department may make a recommendation to the Zoning Board of Appeals for any signs that require variances or are associated with special approvals. The reviewing Board shall determine the acceptability of the proposed signs as to design, materials, illumination,placement and size. Such Board shall have the authority to approve, approve with conditions, or deny the proposed sign, using the following criteria: 1. Signs should be legible in the circumstances in which they are seen and layout should be orderly. 2. Freestanding signs should be designed to be compatible with their surroundings and appropriate to the architectural character of the buildings near which they are placed. Sign panels and graphics on buildings should relate with and not cover architectural features or details, and should be sized in proportion to them. 3. Illumination should be appropriate to the character of the surroundings and shall be in accordance with the Town's Outdoor Lighting Law. 4. Monument signs are preferable to pole signs. Pole signs should be as low to the ground as practical. 5. Multi-use or multi-tenant signs located on the same premises should meet the requirements of§ 270- 256.C. and F. 6. The reviewing Board may require that landscaping be used at the base of a freestanding sign if such landscaping will improve the overall appearance of the sign. § 270-261. Computation of sign area. The entire face of a sign on a flat surface, without supports, shall be included in measuring sign area. When a sign on a flat surface consists of individual letters, numbers, symbols, or other characters, its area shall include the area of the smallest rectangle that can encompass all of the letters, numbers, symbols, and characters (see "Sign Area Computation" chart below). A. When a sign consists of two or more flat surface faces, only one face of the sign shall be used in computing the sign area, if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area. B. The area of a sign on a surface that is not flat, and the area of a sign symbol (e.g., a barber pole), shall be 16 Discussion draft for 05/08/17 'frown Board meeting computed as the area of the smallest rectangle that can encompass the largest viewable surface that is visible from any one point of view (see "Sign Area Computation" chart below). Supports and mounts shall not be included in the computation. C. The only permissible additions to a sign are hanging shingles or smaller signs that extend or are located below and cumulatively are less than the main sign area. The area of each hanging shingle or smaller sign shall be measured separately from, and added to, the area of the main sign to determine the total sign area. Spaces between additions or between an addition and the main sign shall not be included in the measurement of sign area. D. The cumulative area of sign bases, supports, and decorative elements shall not exceed 1.5 times the maximum allowable sign area for the zoning district in which the sign is placed. Terracing or additional stonework,pillars, or other structures that are not integrally part of a sign are not considered supports. E. The height of a sign and its supports shall be measured from the highest point of the natural grade to the top of the sign. 17 Discussion draft for 05/08/17 'ron Board meeting Sign Area Computation Chart ODD-SHAPED SIGN AREA FREESTANDING SIGN AREA Sian Area-Height x Width rwwrrwwwrrwrewwrrerrrrwrwrrwrrrrrrr�wr� ,. FRAMED SIGN 'L ETT_ EP. S I; Width �� il ___ Wdtn a ..psi B, ...s.� � � �; .. m m 9 c ...-.,Width................._ Width Additions it eaeared Separately and 0 added to Computed Sign Face Area o ... f rortatal aiga�area calculation, Emblem ` p' Or S Decal T �—Width - —Width —a� [Natural Grade) C Odd Shape� � Odd' dd . .. "' - MONUMENT SIGN AREA -_ .......... waldtn —._ ...... Computed'Sign Multiple �v ea Fame Area cads shape a Elements � C Widen `PA IIS iat Computed Support Area OatturaM Grsll '1 NON-FLAT SURFACE SIGN AREA(E.G.3-DIMENSIONAL) � �x j WALL SIGN AREA it roi ii i4 l Vil! ii I '+ Ilfi l ( I; 11 f 4,b4, 4 Largest viewable s�rface area= r ; i the maximum actual surface area � `� i- ��•�°�•° � visible from any one point of view (measured by drawing a rectangle t°o n ! To!%ang at ooaot a around the object,as shown). Air 18 Discussion draft for 05/08/17 'frown Board meeting § 270-262. Sign permit. A. No sign requiring a permit pursuant to 270-251 shall be erected, moved or altered, unless and until a sign permit for such work has been obtained. No sign permit is necessary for maintenance or repair of such a sign,provided the sign is reinstalled in the same location, its dimensions, height, design and color scheme remain unchanged, and it does not contain any of the prohibited materials or paints listed in § 270-249.E. B. Applications for sign permits, on forms provided by the Town, shall be submitted to the Enforcement Official. C. Applications shall have attached thereto the following information and material: 1. Application fee as set from time to time by Town Board resolution. 2. Information as listed on the application form. 3. Drawings at an appropriate scale that adequately show the design, dimensions, and colors of the graphics and sign structure, details of any illumination sources, and placement of the sign relative to the building or structure on which it is located and/or in relation to nearby buildings, structures, street lines and property lines. D. The Code Enforcement Officer shall issue a permit within 30 days after: 1. Receipt of a complete application, if the proposed sign is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals, or 2. Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed sign complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals. E. If a sign authorized by a permit is not completed and in place within one year, said permit will expire. F. See § 270-259.G for permit requirements for nonconforming signs. G. The Enforcement Official shall issue a Certificate of Compliance for any sign upon completion of the sign installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals. § 270-263. Severability clause. If any clause, sentence,paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof, but shall be confined to the clause, sentence,paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered." Section 4. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, is amended by deleting the phrase "Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca"from each of the following Chapter 270 subsections, and reserving those subsections for future use: A. § 270-29.G, [Agricultural Zones; text is in Permitted accessory buildings and uses section] B. § 270-43.E [Lakefront Residential Zones; text is in Permitted accessory structures and uses section] C. § 270-56.G [Low Density Residential Zones; text is in Permitted accessory buildings and uses section] 19 Discussion draft for 05/08/17 'frown Board meeting D. § 270-68.17 [Medium Density Residential Zones; text is in Permitted accessory buildings and uses section] E. § 270-79.17 [High Density Residential Zones; text is in Permitted accessory buildings and uses section] F. § 270-114.0 [Commercial Zones Generally; text is in Permitted accessory uses section] G. § 270-146.C. [Light Industrial Zones; text is in Permitted accessory buildings and uses section] H. § 270-160.0 [Industrial Zones; text is in Permitted accessory buildings and uses section] Section 5. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, Article XI, entitled "Mobile Home Park Zones", Section 270-97, entitled"Special requirements,"is amended by deleting Subsection J in its entirety and reserving that subsection for future use. Section 6. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, Article XXVI, entitled "Special Regulations," Section 270-219.2, entitled"Limitations on home occupations,"is amended by deleting from Subsection E. the phrase "or Chapter 221, Signs, of the Code of the Town of Ithaca" and replacing it with "Article XXIX, Signs" so that this Subsection E reads as follows: "E. There shall be no exterior display or sign except as permitted by Article XXIX, Signs, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood." Section 7. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, Article XXVIII, entitled "Administration," Section 270-233, entitled"Permit to build,"is amended by deleting in Subsection A the phrase "Chapter 221, Signs, of the Code of the Town of Ithaca" and replacing it with the phrase"Article XXIX, Signs". Section 8. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-3, entitled"Special Land Use District No. 1 (Wiggins),"is amended as follows: A. In the first sentence in Subsection B(3), add the phrase "and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in this Planned Development Zone are:" B. In Subsection B(3), add a new Subsection (f) that reads: "Signs, subject to the provisions in Subsection B(4)(e)below." C. In Subsection B(4), add a new Subsection (e)reading as follows: "(e) 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 and Industrial Zones shall apply, except up to two freestanding signs identifying the on-site establishments are allowed instead of the one freestanding sign provided for in Article XXIX." 20 Discussion draft for 05/08/17 'frown Board meeting Section 9. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-5, entitled "Special Land Use District No. 3 (Limited Mixed Use, Biggs Complex),"is amended as follows: A. In the first sentence in Subsection B, add the phrase"and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in this Special Land Use District No. 3 are:" B. In Subsection B, add a new Subsection (4) that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "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 Office Park Commercial Zones shall apply." Section 10. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-6, entitled "Special Land Use District No. 4 (Limited Mixed Use, Statler West),"is amended as follows: A. In the first sentence in Subsection B, add the phrase"and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in Special Land Use District No. 4 are:" B. In Subsection B, add a new Subsection (6) that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "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 Office Park Commercial Zones shall apply." Section 11. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-7, entitled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce),"is amended as follows: A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this sentence reads: "The uses and structures permitted in Planned Development Zone No. 5 are:" B. In Subsection B, add a new Subsection (4) that reads: "Signs, subject to the provisions in Subsection D below." C. Add the following sentence to the end of Subsection D: "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." 21 Discussion draft for 05/08/17 'frown Board meeting Section 12. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-8, entitled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare),"is amended as follows: A. In the first sentence in Subsection B(2), delete the phrase "special approval and", and add the phrase "and structures" after "the uses" so that this sentence reads: "Subject to site plan approval by the Planning Board the following accessory uses and structures are permitted on Parcel 1 and Parcel 2." B. Delete the text in Subsection B(2)(f) and replace it with the following: "Signs, subject to the provisions in Subsection C below." C. Add the following sentence to the end of Subsection C: "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 Multiple Residence Zones shall apply." Section 13. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-9, entitled "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),"is amended as follows: A. Delete in Subsections D.III(10) and E(8), respectively, the phrase "Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca" and replace it in both subsections with the following: "Signs, which 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 Multiple Residence Zones shall apply." B. In the first sentence in Subsection E, add the phrase"and structures" after"uses" so that this sentence reads: "Permitted accessory uses and structures in Special Land Use District No. 8 shall be limited to the following:" Section 14. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-11, entitled "Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living),"is amended as follows: A. In the title and in the first sentence in Subsection D, add"structures" after"buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. 10:" B. Delete Subsection D(3) and replace it with the following: "Signs, which 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 Multiple Residence Zones shall apply." 22 Discussion draft for 05/08/17 'frown Board meeting Section 15. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-12, entitled "Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water Plant),"is amended as follows: A. In the title and first sentence of Subsection C, add the phrase "and structures" after"uses" so that they read: "Accessory uses and structures. Permitted accessory uses and structures shall include the following:" B. Delete Subsection C(7) and replace it with the following: "Signs associated with the above uses, which 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 and Industrial Zones shall apply." Section 16. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-13, entitled "Planned Development Zone No. 12 (South Hill Business Campus),"is amended as follows: A. In the first sentence of Subsection E, add the phrase "and structures" after"uses" so that it reads: "The following accessory uses and structures are permitted in Planned Development Zone No. 12:" B. Delete Subsection E(3) and replace it with the following: "Signs, which 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 Office Park Commercial Zones shall apply." Section 17. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-14, entitled "Planned Development Zone No. 13 (Belle Sherman Cottages),"is amended as follows: A. In the title and in the first sentence of Subsection E, add "structures" after"buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. I Y' B. Delete Subsection E(3) and replace it with the following: "Signs, which 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 Residential Zones shall apply." Section 18. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code, Section 271-15, entitled "Planned Development Zone No. 14 (Limited Mixed Use, Ithaca Beer Company)," is amended as follows: 23 Discussion draft for 05/08/17 'frown Board meeting A. In the title and in the first sentence of Subsection E, add"structures" after"buildings" so that they read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures or uses are permitted as of right in Planned Development Zone No. 14:" B. Delete in Subsection E(4)(i) the phrase "Chapter 221, Signs, of the Town of Ithaca Code" and replace it with the phrase"Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs." Section 19. This local law shall apply to all violations committed on or after the effective date of this law. Violations committed before the effective date of this law that are being prosecuted in a court proceeding as of the effective date shall be governed by the provisions of Chapter 221, Signs, that were in effect immediately prior to the effective date. Section 20. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 21. This local law shall take effect immediately upon its filing with the New York Secretary of State. 24 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW ADDING ART MURAL PROVISIONS TO TOWN CODE CHAPTER 270, "ZONING" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, is amended by adding new Article XXX, entitled"Art Murals," as follows: "ARTICLE XXX ART MURALS § 270-264. Purpose. § 270-265 Allowed art murals. § 270-266 Prohibited art murals. § 270-267 Art mural permit. § 270-268 Alternate requirements and procedures. § 270-264. Purpose. The purpose of this article and the policy of the Town of Ithaca is to permit and encourage art murals on a content-neutral basis on certain terms and conditions. Art murals comprise a unique medium of expression which serves the public interest. Art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression;public access to original works of art; and community building through the presence of and identification with original works of art. Murals can increase community identity and foster a sense of place if they are located at heights and scales visible to pedestrians and are retained for longer periods of time. § 270-265. Allowed art murals. Art Murals that meet all of the following criteria, and which are not prohibited by § 270-266 below, will be allowed as accessory structures in the Agricultural, Mobile Home Park, Multiple Residence, Light Industrial, Industrial and all Commercial zoning districts upon satisfaction of the applicable permit requirements: A. No part of the art mural shall exceed 30 feet in height, from the bottom of the mural to the top of the mural. 1 B. The art mural shall not extend more than 6 inches from the wall upon which it is tiled or painted or to which it is affixed. C. The art mural shall remain in place, without alterations, for a period of three years, except as described below. The applicant shall certify in the permit application that the applicant agrees to maintain the art mural in place for a period of three years without alteration. The following shall not constitute "alteration" of the art mural within the meaning of this article: (1) Naturally occurring changes to the art mural caused by exposure to the elements or the passage of time; (2) Minor changes to the art mural which result from its maintenance or repair. Such minor changes include slight and unintended deviations from the original image, colors or materials that occur when the art mural is repaired due to the passage of time, or as a result of vandalism such as graffiti. D. The art mural shall not be internally or externally lit. § 270-266. Prohibited art murals. The following are prohibited: A. Art murals on any historic building that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places. B. Art murals in a public right-of-way. C. Art murals for which compensation is given or received for the display of the art mural or for the right to place the art mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the art mural or the right to place the art mural on the property. For the purposes of this article, compensation" shall mean the exchange of something of value. It includes, without limitation, money,securities, real property interest, barter of goods or services,promise of future payment, or forbearance of debt. "Compensation" does not include: (1) Goodwill; or (2) An exchange of value that a building owner(or leaseholder with a right to possession of the wall upon which the art mural is to be placed)provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the art mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the art mural. D. Art murals which would result in a property becoming out of compliance with the provisions of Chapter 270, Zoning, or with conditions of approval imposed by the Planning Board or Zoning Board of Appeals for the development or lot on which the art mural is to be located. 2 E. Art murals that contain moving or mechanical components. § 270-267. Art mural permit. A. No art mural shall be erected or altered, unless and until an art mural permit for such work has been obtained. No art mural permit is necessary for maintenance or repair of such a mural,provided the art mural is reinstalled in the same location, and its dimensions, height, and design remain unchanged. B. Applications for art mural permits, on forms provided by the Town, shall be submitted to the Code Enforcement Officer. C. Applications shall have attached thereto the following information and material: (1) Application fee as set from time to time by Town Board resolution. (2) Information as listed on the application form. (3) Drawings at an appropriate scale that adequately show the dimensions, height and design of the art mural, details of any illumination sources, and placement of the art mural relative to the building on which it is located. D. The Code Enforcement Officer shall issue a permit within 30 days after: (1) Receipt of a complete application, if the proposed art mural is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals, or (2) Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed art mural complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals. E. If an art mural authorized by a permit is not completed and in place within one year, said permit will expire. F. The Code Enforcement Officer shall issue a Certificate of Compliance for any art mural upon completion of the art mural installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals. § 270-268. Alternate requirements and procedures. Even though art murals are not signs, a building owner(or leaseholder with a right to possession of the wall upon which the art mural is to be placed) may at its option have the requirements and procedures of Article XXIX, Signs, apply to a proposed art mural that does not meet one or more requirements of this Article XXX, Art Murals. The building owner or leaseholder must notify the Department of Code Enforcement in writing that it wishes to utilize this option at least 45 days prior to installation of the art mural. The art mural will thereafter be subject to all of the 3 requirements of, and procedures in, Article XXIX, Signs, instead of those in Article XXX, Art Murals." Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 4 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW CONFORMING SIGN REQUIREMENTS REFERENCES IN TOWN OF ITHACA CODE CHAPTER 125,TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION," AND CHAPTER 173,TITLED "LIGHTING, OUTDOOR" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 of the Town of Ithaca Code ("Building Construction and Fire Prevention"), Section 125-4 ("Building permits"), Subsection A is amended by deleting "Chapter 221, Signs" in the first sentence and replacing the deleted text with "Article XXIX, Signs, of Chapter 270, Zoning" so that the first sentence in Subsection A reads as follows: "No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs, of Chapter 270, Zoning, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer." Section 2. Chapter 173 of the Town of Ithaca Code ("Lighting, Outdoor"), Section 173-8 ("Outdoor signs"), Subsection D, is amended by deleting "§ 221-8" and replacing the deleted text with "the requirements in Article XXIX, Signs, of Chapter 270, Zoning," so that Subsection D reads as follows: "In addition to the foregoing requirements, all outdoor signs must conform to the requirements in Article XXIX, Signs, of Chapter 270, Zoning, of the Town of Ithaca Code regarding sign illumination." Section 3. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 4. This local law shall take effect immediately upon filing with the New York Secretary of State. TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW DELETING CHAPTER 192 OF THE TOWN OF ITHACA CODE, TITLED "NUMBERING OF BUILDINGS" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 192 of the Town of Ithaca Code, titled "Numbering of Buildings," is deleted in its entirety. Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the New York Secretary of State. Agenda Il t urrr :#7 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017-xxx: SEOR Ellis Hollow Road Water Main and Tank Installation Water Improvement Project. Whereas this action is the installation of a new water main and water tank along Ellis Hollow Road and Hungerford Hill to increase efficiency and service to the existing Pine Tree Water Tank zone known as the Ellis Hollow Road Water main and Tank Installation Water Improvement Project and Whereas this is an unlisted action for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project and Whereas the Town Board, at a public hearing held on August 7, 2017 reviewed and accepted as adequate the Environmental Assessment Form (EAF), Parts 1, 2, and 3 for this action submitted by the Town Engineer, along with other application materials; Now therefore be it Resolved: that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with the New York State Environmental Quality Review Act 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. Moved: Seconded: Vote: CEIVI D Short Environmental Assessment Form FEB 16 201t Part 1 -Project Information TOVW9 011 i'l MCA i'lill A1qN1JqG Instructionas for Complefing Part 1-Project Infomation. 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 Pad I based an 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: Ellis Hallow Water Tank Project Project Location(describe,and attach a location map): The majority of the work will occur at a location 250'south or the Intersection of Eft Hallow Rd,and Hungerford Hill Rd.on the West Side of Rd Brief Description of Proposed Action The construction of a new 600,000 gallon glass4inGd steel water lank(dimensions;59'dia,x 44'height),along Hungerford Hill Road and tallation of 12"DIP water main down Ellis Hollow Road to establish adequate pressure and fire flow characteristics within the northern portion of the existing Pine Tree Tank Grid water system.Demolish and reconstruct the existing Pine Tres Control Valve Building at the Intersection of Pine True and Ellis Hollow Roads to establish redundancy within the existing East HUI water system 4N,N111 1 11 1 *d10r4etA*4a-09W ea Existing trees on the proposed tank site will be maintained to the greatest extent possible to minimize visual impacts of the new water lank, Name of Applicant or Sponsor. Telephone: 607.273-11656 Town of Ithaca Public Works,Daniel Theete PE,Town Engineer I Address: l:-Mail: dthaete@tawnhhaca,,ny,us 1106 SevenMile Dr City/P0: —State Zip Code: 'Ithaca New York t148533 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that r-M El may be affected in the municipality and proceed to Part 2. If no,continue to question 2. hLI 2. Does the proposed action require a it,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Tompkins County Health Department Town of Ithaca Planning Board(Site Plan Review)- ' Town of Ithaca Town Board(Bonding SudgetJ 3.a.Total acreage of the site of the proposed action? t1acres rt;L;X—I b.Total acreage to be physically disturbed? 0.9 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 98.82 acres 4. Check all land uses that occur on,adjoining and near the proposed action. []Urban Rural(non-agriculture) [31ndustrial OCommercial GD Residential(suburban) OForest OAgriculture D Aquatic 0Other(specify): Educational ElParkland Page 1 of 3 .............. .......... 18.Does the proposed action include construction or other activities that result in the impoundment of I NO YES water or Other liquids(e.g retention pond,wa lagoon,dam)? If Yes,explain purpose and size. Ve 19.Has the site of the proposed action or an adjoining property been the location of an active c osed NOYES solid waste management facility? If Yes, ribs completed)farh dour act? � .. g g m . 2 .Has pthe site of the proposedaction r adjoining property b e hject of rcediation(an oin or O �� ............. YES If Yes,describe: . _ ... .. I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCUR�TE TO THE BEST OF MY KNOWLEDGE Applicand n Date: j... Signature., .mm..,. ..,.,�......, ..............'....... »„�„�,,,,. .............. ........� PRINT FORM Page 3 of Agency Use Only [If applicable] Project: F Ellis Hollow Water Tank Date: August 7,2017 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? El 2. Will the proposed action result in a change in the use or intensity of use of land?Please see Part 3 ❑ 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? Please see Part 3 b.public/private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? Please see Part 3 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? ❑ Paget of 2 Agency Use Only[If applicable] Projectf Ellis Hollow Water Tank Date: August 7,2017 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. PLEASE SEE ATTACHED 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 Town Board Name of Lead Agency Date William Goodman Town Supervisor 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) Page 2 of 2 EAF Mapper Summary Report Thursday, April 06, 2017 11:13 AM Disclaimer: The EAF Mapper is a screening tool intended to assist Lu° project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. e. / f °bYWN fJrf� / q,iu D yd D`n wAta��✓� t V, yFfuwas9l . bocvton y "., ,pirrur�u�ynr Ecwur res Esri„ KEEE„UaLcrrrTTs,,� U SGS iiri C,jY� Bk wj �'" '�" r'-.d;f'm ria: t q U � g In�tlwr�rrcnrwe Itt�vFP,EfLIEU>tTE R°t8r,��0u Erre t o e,o�„�,�E T I E'r w C�iny,c; d-trr� Kong Kmres,, Esri�T"n,eilan I�°,fla m lmlis, Y°6C`bt."' cir uln^wuiwwmo DweL I%LROYIruternm�e;p-a„ ^Zopens ka'elba'R9P dmontritAutars,Jend the Is , IUC¢"wR,EmE 4TF N Ra a,,,P Esuwi Ups er C`0'nv"Mu pity a "kl�urwAti sw,k pin 0ET'1„Esri Ch in a Irv» Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other No Regulated Waterbodies] Part 1 /Question 15 [Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 /Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report 1 Short EAF Part 3 Attachment Ellis Hollow Water Tank Proposal — Ellis Hollow Road and Hungerford Hill Road Town of Ithaca Town Board—August 7, 2017 The proposal involves installing a new municipal water tank, water main and control valve to meet the demands of the Pine Tree tank service area, which encompasses portions of the East Hill Water System in the Town of Ithaca. The need for these improvements was based on a water service study conducted by GHD for the Town of Ithaca. GHD determined that the existing 200,000 gallon Pine Tree tank was undersized and did not meet current needs (i.e. fire flow) for the service area, nor would it meet projected future needs, particularly demands associated with the Maplewood Graduate Student Housing Project. All impacts related to the Maplewood development have already been fully examined and mitigated through the Maplewood Environmental Impact Statement process, so this environmental review examines the impacts of non-Maplewood developments. The study recommended constructing a new 600,000 water tank that would meet the town's required 3- day storage capacity for current and future needs in the service area. The GHD study estimated the water demands as a result of the Maplewood project and also projected demands as a result of potential future development of several vacant parcels within the service area. This included the 10 acre site off Strawberry Hill Circle (formerly the Greenways proposal) and three smaller parcels off Slaterville Road and Park Lane. Preliminary demand projections from the GHD study were included in the Maplewood Draft EIS (appendix). The study indicated that any additional future development within the service area would require upgrading and possible upsizing of the existing Pine Tree water tank. The new Ellis Hollow water tank will be located on Hungerford Hill Road, on an 11+/-acre parcel that contains a barn and a shed and is currently maintained as a mix of lawn, shrubs and woods. The property is bordered on all sides by Cornell-owned properties: agricultural fields to the north (beyond Ellis Hollow Road), wooded land to the east, structures and parcels associated with Cornell's Hungerford Hill Road research facilities to the south, and open fields and wooded land to the west. The project will increase the intensity of the use of the land during construction of the water tank and associated main, and will involve some grading, tree loss and soil excavation and material removal. However, the impacts will be temporary and the tree loss will be minimal. The amount of material expected to be removed from the site will require approximately 350 truckloads. Proper erosion and sedimentation controls will be installed during excavation and construction. In terms of potential visual impacts, the proposed tank will only be 44-feet tall (the height of many homes that have been constructed in the town), while a good number of trees on the property that surround the tank are significantly taller. The tank will also be tucked into the side of the slope on the property, and will be located behind the existing barn that fronts on Ellis Hollow Road. Finally, the tank will be painted a dark green or blue, to blend in better with the surrounding area. All of these factors will serve to screen the tank from those traveling along Ellis Hollow Road and from anyone in the woods and fields that surround the property. The proposal will impact the existing public water supply insomuch as it will be an upgrade to the supply to accommodate existing development and future growth in the Pine Tree service area. These beneficial impacts will include increased water storage capacity for the service area. Regarding Part 1, question 12b: The proposal will be located on a site that has been previously disturbed. Therefore, any archaeological resources that had existed on the site would have been discovered by the prior disturbances. Agenda Il t urrr :#T MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga Street, Ithaca, NY, Tompkins County August 7, 2017 at 5:30 p.m. prevailing time TB Resolution No. 2017-xxx: PUBLIC INTEREST ORDER In the Matter of a Proposed Water Improvement in 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 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 Present: Motion made by WHEREAS, a plan, report and map, 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, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca; to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area"; and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on July 10, 2017, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 71' day of August, 2017 at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and 1 WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on August 7, 2017, the Town Board, acting in an uncoordinated environmental review with respect to the Improvement, determined approval, construction and implementation of the Improvement, which is an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects; and NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Park Lane Water Main Replacement Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The Improvement proposed in connection with the establishment of the Water Improvement Area consists of the 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, a glass lined Water storage tank, of approximately 600,000 gallons, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection and the modification/reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of$2,750,000.00 and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca Ellis Hollow Road Water Main 2 and Tank Installation Water Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $2,750,000, which shall be financed as follows: at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 40 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Water Improvement Area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, It is hereby determined that the estimated expense of the aforesaid Improvement exceeds one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is required for such Improvement. The Town Clerk be and hereby is authorized and directed to file a certified copy of this Order in the office of the State Department of Audit and Control, at Albany, New York, together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid Improvement, within 10 days after the adoption of this Order. The Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: The Order was thereupon declared duly 3 Agenda If t urn :#8 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017- : Adopting Local Law 16 of 2017 to Override the Tax Levy Limit Established in General Municipal Law 0-c. Whereas, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and Whereas, subdivision 5 of General Municipal Law -c expressly authorizes a municipality to override the tax levy limit by the adoption of w approved by vote of at least sixty percent(60%) of the governing body, and Whereas, at its meeting on July 10, 2017, ��°� n Board o Town of Ithaca reviewed and discussed a proposed local law to erride tie tax levy li nd adopted a resolution for a public hearing to be held by said i n Au ��0 7, 2017 at 5:3 to hear all interested parties on the proposed local law entitled WTO OV, RIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL CIPAL LAW §3-C"; and Whereas, notice of said public heas duly advert i.n the Ithaca Journal; and 1 00 I INS *. 1, Whereas, said public hearing was d he � d date an me at the Town Hall of the Town of Ithaca and all parties in attendance re portunity to speak on behalf of or in opposition to said pr ocal law, or art there nd Whereas, p t to New York tate Environmental Quality Review Act ("SEQRA") and it9,JJJJ1im rating `gulations at 6RR Part 617, it has been determined by the Town Board that adop ed loc aw is a Type II action because it constitutes "routine or agenc ims management, not including new programs or major re ring o es th affect the environment," and thus this action is not subject to rev Funder SEQR w, th eie it R d, that Loca w 16 2017 entitled "A LOCAL LAW TO OVERRIDE THE TAX LEV IT ESTA ISHED IN GENERAL MUNICIPAL LAW §3-C", a copy of which is attac � eto and de a part of this resolution, and be it further Resolved, thdown Clerk is hereby authorized and directed to file said local law with the Secretary of to as required by law. Moved: Seconded: Vote: 1 TOWN OF ITHACA LOCAL LAW NO. 16 FOR THE YEAR 2017 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ithaca, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ithaca, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town B ro�ements is alursuant to anuary 1 Law 8 and en2-C, overnbed b t e Town P provided Article i re es a opert x e excess o `tax levy i as efine enera� M ipal La -c. Section Au city: is local i opted suant to subdiv' n 5 of G al Munici Law h expre aut zes therd too de the to vy limit b e a a local appr d by east six ercent (6 �, of the T Bo Secti Tax vy Li, Ov ode: The wn rd of the Town Ithaca, C kips i reby a n to adopt a get the fiscal year 18 that re 1 propert x levy e sof the li sp aed in General icipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. Agenda If t urn MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017 -: Setting Public Hearings Regarding: 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas and the Southern Cayuga Lake Intermunicipal Water Commission's 2018 Preliminary Budget Be It Resolved that the Ithaca Town Board will hold a public hearing at their meeting on the I11 day of September, 2017 beginning at 5:30 p.m. at the Town Hall, 215 North Tioga Street, Ithaca, New York at which time anyone interested may be heard,regarding the following topics: 1. 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas 2. Southern Cayuga Lake Intermunicipal Water Commission 2018 Preliminary Budget and it is further Resolved that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. 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O O 00 N 00 N (O V O = O O O 7 Ch 00 (0 x x N r N V O Ch O) O O O O) U 0 00 O O) Lo r N r r V V N L() = O O O Q O r Lo O) N O 00 N LO N Ch Ch (O Ch O O O Ch 0 O L() = N V Ch O r N 00 00 O O O 00 L 0 (`') N O V CO M N N N (`') Ch (O LO r N Ln _ _ (O N N Ch V Cn N U Q �O c U) 0 w O N fn ami > a c 5 o _0 xx _0 0) p E E z3 m - rn o w otS , O U cc�o E c p c m c c w a r O Q cn a) U) o U) U) m ui c 0 c y w U) a O ++ IL a) a v _ LU 0n � � o = � � -°Q U) C/) o� - o Q s a x 000000000 E y � � a) a ono CL p Q >,0 0 0 0 O O O o o o (a O 0CO CO CO CO CO 000o0o0oW 00 QDa - rn F -�u- U J M x x x LO x LO x ai ai (a y 075 75 (a O :- Q Q E000000000 0 +rr O o 0 M M 0 O O Q ulrnrnrnrnrnrnrnrnrnH 0rn F-- Orn ~O H SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE WATER RATE SCHEDULE THIS AGREEMENT to change Water Rate Schedule is made as of the 1st day of January, 2018, between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and on behalf of all water districts in the TOWN OF DRYDEN served by the Southern Cayuga Lake Intermunicipal Water Commission, (hereafter referred to as "Dryden"), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York(hereinafter referred to as "Ithaca"), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of the Town of Lansing Consolidated Water District and the Town of Lansing Consolidated Water District Extension 41 & 42 (the Town of Lansing and such districts are hereinafter collectively referred to as "Lansing Town"), VILLAGE OF LANSING, on its own behalf and as successor to LANSING WATER DISTRICT 1, Tompkins County, New York, (hereinafter referred to as "Lansing Village"), and VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred to as "Cayuga Heights"), all of the parties hereto sometimes collectively or individually referred to hereinafter as "Municipalities" or"Municipality", WITNESSETH: WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an intermunicipal water supply and transmission system dated as of June 5, 1979 as the same has been amended from time to time (the "Agreement"); and WHEREAS,pursuant to the Agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "Commission"), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to the Agreement; and WHEREAS, based on changes in costs, the Commission believes it is advisable to adopt a new water rate schedule in the form annexed to this modification agreement; and WHEREAS, Schedule A of the Agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to the Agreement has been amended from time to time since the initial date of the Agreement; and WHEREAS, the parties believe it is necessary to amend Exhibit I of Schedule A further; and WHEREAS, the parties are willing to agree to such change; NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant to the Agreement, the parties hereby agree that Exhibit I of Schedule A annexed to the Agreement be amended effective January 1, 2018 to read as set forth on the Exhibit I annexed hereto, and such exhibit is adopted as Exhibit I, the water rate schedule, for all purposes under the Agreement. 1 of 6 This modification agreement may be executed in multiple counterparts which, when taken together, shall constitute a complete document even though each of the counterparts may not bear the signatures of all of the parties. IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and year set forth above. TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF THE WATER DISTRICTS IN THE TOWN OF DRYDEN SET FORTH ON SCHEDULE A ATTACHED By: Town Supervisor Councilperson Councilperson Councilperson Councilperson TOWN BOARD OF THE TOWN OF TOWN OF ITHACA ON BEHALF OF THE TOWN OF ITHACA By: Town Supervisor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson 2 of 6 TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF LANSING AND ON BEHALF OF THE TOWN OF LANSING CONSOLIDATED WATER DISTRICT AND THE TOWN OF LANSING CONSOLIDATED WATER DISTRICT EXTENSION 41 & 42 By: Town Supervisor Councilperson Councilperson Councilperson Councilperson VILLAGE OF CAYUGA HEIGHTS By: Per Resolution# , Dated , 2017 VILLAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR TO LANSING WATER DISTRICT I By: Per Resolution# , Dated , 2017 3 of 6 STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the day of in the year 2017 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the day of in the year 2017 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the day of in the year 2017 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ss.: 4 of 6 COUNTY OF TOMPKINS On the day of in the year 2017 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the day of in the year 2017 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 5 of 6 EXHIBIT I SCLIWC - BOLTON POINT WATER SYSTEM 2018 WATER RATE SCHEDULE EFFECTIVE JANUARY 1, 2018 RATE STRUCTURE: The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and fifty three cents ($4.53). This rate is equal to three dollars and thirty nine cents ($3.39)per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly bills sent after January 1, 2018. Actual or base consumption may occur prior to January 1, 2018. MINIMUM BASE CHARGES: Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 1, 2018. The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: BASE MINIMUM BASE METER SIZE CONSUMPTION CHARGE INCHES (GALLONS) (DOLLARS) 3/4 10,000 45.30 1 30,000 135.90 1-1/2 45,000 203.85 2 90,000 407.70 3 140,000 634.20 4 200,000 906.00 >6 350,000 1,585.50 Multiple Housing and mobile home parks of over two dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three-quarter inch meter (e.g., if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 100,000 gallons, the Commission billing would be $906.00 (20 units times $45.30) rather than $453.00 (100,000 gallons at $4.53/1000 gallons)) An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year. 6 of 6 Agenda If tern #1 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017-xx: Approving the Corrective Action Plan for the New York State Comptroller's Information Technology Audit Whereas the New York State Office of the State Comptroller examined the Town of Ithaca Technology program for the period of January 1, 2015 through December 22, 2016 and submitted recommendations, and Whereas the Personnel and Organizational Committee has reviewed the Corrective Action Plan (CAP)prepared by the Network/Record Specialist and recommended its approval by the Town Board, now therefore be it Resolved that the Town Board accepts the Corrective Action Plan and authorizes its submission to the State Comptroller's Office. Moved: Seconded: Vote: OF 1, TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 rp 'y0www town.ithaca.ny.us TOWN HALL(607)273-1721 FAX(607)273-1704 Unit Name: NYS Comptroller; Division of Local Government& School Accountability Audit Report Title: Town of Ithaca Information Technology Audit Report Number: 2017M-52 For each recommendation included in the audit report, the following is our corrective action(s) taken or proposed. For recommendations where corrective action has not been taken or proposed, we have included the following explanations. 1. Audit Recommendation: Update the IT policy to address password security, wireless security, mobile computing and storage devices and online banking. Additionally, the policy should be periodically reviewed and updated as necessary. Implementation Plan of Action(s): (The Network/Record Specialist reports to the Personnel& Organization (P&O) Committee) The P&O Committee is reviewing many organizational policies and the Town's Information Technology System policy (ITS)is under review this year. The policy will address the following: • Enforce password complexity requirements • At least one uppercase, one lower case, one numeric and one special character • Not to include easily guessed words/phrases like TOwnOf!thaca • At least 8 character • Change at least every 90 days • Limited reuse of old passwords • Define number failed log-on attempts • Wireless security • P&O Committee to write policy & procedures with guidance from the Comptroller's Wireless Technology and Security publication. • Mobile computing and storage devices • P&O to write policy & procedure for mobile computing and storage devices. • Measures such as disabling USB storage devices on client computers to be considered. Wednesday, July 19, 2017 • Online Banking • TOI shall write a banking policy to include a"defense in-depth" strategy to include steps such as: • Locked office with banking computer • Only use wired connected computers to conduct TOI financial transaction • Entire ITS policy and Standard Operating Procedure (SOP)to be reviewed annually by Specialist and Town Supervisor; full P&O committee if updates are deemed necessary. Implementation Date: Planned implementation date of the corrective action is the last quarter of 2017. Person Responsible for Implementation: Network/Records Specialist through the P&O committee. 2. Audit Recommendation: Require all staff receive formal IT security and awareness training at least annually. Implementation Plan of Action(s): • Specialist attended the local government track of the 2017 Cyber Security Conference in Albany. Sessions included, "Cyber Security Resources for Local Government" and "It Can Happen To You! Incidents Lessons Learned from Local Government Cyber Incidents • Specialist will budget annually for formal IT security training. • Staff will utilize the New York State Enterprise Information Security Office website for IT security and awareness training. • Conduct cybersecurity awareness/training session will be held for staff annually. Implementation Date: Planned implementation date of the corrective action is the last quarter of 2017. Person Responsible for Implementation: Network/Record Specialist through the P&O committee. 3. Audit Recommendation: Ensure hardware inventory listings included the make, model and serial number, the name of the employee they are assigned to and the physical location. Wednesday, July 19, 2017 Implementation Plan of Action(s): • A complete hardware inventory has been repeated. The inventory now includes the make, model and serial number, name of the employee they are assigned to and its physical location in a Microsoft Access database for better retention and querying of the data. Implementation Date: Planned implementation date of the corrective action is the last quarter of 2017. Person Responsible for Implementation: Network/Record Specialist through the P&O committee. 4. Audit Recommendation:Prepare an IT contingency plan that specifically addresses backup policies and procedures to maintain day-to-day operations such as the records and data to preserve during a disaster and alternate work locations. This plan should be tested, reviewed and updated as necessary to ensure it meets organizational needs. Implementation Plan of Action(s): • The Specialist, through the P&O committee, will create an IT contingency plan. This plan will use documents from the NYS Office of Technology's Cybersecurity online resources. • Mission critical data to preserve during a disaster and alternate work locations for each Town of Ithaca department will be identified. • This plan will be tested, reviewed and updated through the P&O committee as necessary to ensure it meets the Town of Ithaca needs. Implementation Date: Planned implementation date of the corrective action is the third quarter of 2018. Person Responsible for Implementation: Network/Record Specialist through the P&O committee. Wednesday, July 19, 2017 Signed: Name [Title] Date Wednesday, July 19, 2017 Agenda Il i urrr :#11 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution No. 2017-xxx: Authorizing the implementation, through execution of the Federal Aid Local Project Agreement with NYS DOT, and funding in the first instance, 100% of the federal-aid costs, and appropriating funds therefore, for the Route 96B (Danby Road) Sidewalk Project Whereas, the State Route 96B (Danby Road) Sidewalk Project, having NYS DOT Project Identification Number 395062 ("the Project"), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20%non-Federal funds (i.e. local/Town funds) with total project costs estimated at $1,477,500; and Whereas, the Town of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the initial Project phase (the pre-construction phase)involving engineering design and right-of-way incidentals ($35,460); and Whereas, the State Environmental Quality Review will occur during the engineering design phase of the project prior to the design plans being finalized; now, therefore, be it Resolved, the Ithaca Town Board hereby approves the above-referenced project, and it is further Resolved, that the Town Board hereby authorizes the Town of Ithaca to pay in the first instance (i.e. pay up front) 100% of the Federal and non-Federal share of the cost of the engineering design and right-of-way incidentals for the Project or portions thereof, and it is further Resolved, that the sum of$177,300 is hereby appropriated from A9950.927 and made available to cover the cost of participation in the above described phase of the Project, and it is further Resolved, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further Resolved, that the Supervisor of the Town of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further Resolved, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further Resolved, this Resolution shall take effect immediately. MOVED: SECONDED: VOTE: Agenda If tern #12 MEEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017-XXX: Acknowledge Receipt of the Independent Auditor's Report of the Town of Ithaca Justice Courts Funds. Whereas, in accordance with the Uniform Justice Court Act, the Town Justice Courts provided their court records and dockets for examination to the Town, and Whereas, Sciarabba Walker and Company, LLP conduct � �������iixamination of Year Ended December 31, 2016 as prescribed and submitted thei wary to the Town, now therefore be it Resolved, that the Town Board acknowledges re o iiiiaid rep IIII d will forward said report to the Court Clerks for submission to the New rkte Office of Administration as required. Moved: Seconded: Vote: Ayes — 11�����������111111111111 IIII �� (IIIIIIIIIIIIII IIIIIIIIIII� �� 1111111 ���� IIIIIIIIIIIIIIIIIIII���IIIIIIIIIIIII�1���� II VIII rAn ren toot TOWN OF ITHACA AGREED UPON PROCEDURES r YEAR ENDED DECEMBER 31,2016 r� r SCIARABBA W.Al KEW"'I-10 CERTIFIED PUBLIC ACrOUNTAN-rs BUSINESS CO r,$S U LTA NTS AM INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES ofi"J, The Town of Ithaca and Office of State Comptroller Bureau of Justice Court Fund We have performed the procedures enumerated in the attached schedule, which were agreed to Iwo by the Town of Ithaca and Office of State Comptroller Bureau of Justice Court Fund, solely to assist you with respect to the accounting records of the Town Justices of the Town of Ithaca for the year ended December 31, 2016. The Town Justices of the Town of Ithaca's management is )AWD responsible for the Town Justices' accounting records. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described either for the purpose for OWN which this report has been requested or for any other purpose. Our procedures and findings are summarized on the attached pages. Also attached is a Summary of Town Court Activity for the Town Justices. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the accounting records of the Town Justices of the Town of Ithaca. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. AMP This report is intended solely for the use of the Town of Ithaca and Office of State Comptroller and is not intended to be and should not be used by anyone other than those specified parties. �Vp Sciarabba Walker& Co., LLP Ithaca, New York June 6, 2017 410 East Upland Road 839 Statc Rourc 13 ItIMca,New York 14850 C.,ordand,Nc\v York 13045 ()07-272-5550/607-273-(1357 (F1)0 W\VW. \VC11P.con 1 TOWN OF ITHACA AGREED UPON PROCEDURES PROCEDURES: 1. Perform process narrative and walkthroughs for cash receipts and cash disbursements to trace and agree amounts, dates, payer, and violation (if applicable) relating to the Bail account and the Regular Fine accounts: a. Cash Receipts—Follow the ticket (receipt) or bail through the entire process from the docket and credit card receipt (if applicable) being created to the monthly report and the bank statement with the cancelled checks (if applicable) and deposits attached to the monthly summary report. b. Cash Disbursements — Follow the monthly payment to the Town of Ithaca Chief Own Fiscal Officer for the disbursement to the NYS Comptroller (or the returned bail back to the defendant)to the bank statement with cancelled checks. 2. From random scanning, note the monthly receipt summaries to be in numeric and date order with no missing receipts (check beginning and ending is sequential, 4 monthly summaries reviewed). 3. Review any deleted or voided transactions in the monthly receipt summaries for reasonableness (reviewed 4 months). 4. Review summary sheets with attached deposits to assure timely filing is within 3 business day parameter(reviewed 6 summaries). 5. For every month, agree checkbook balances to bail account and regular fine account bank statements and trace any year-end outstanding checks/deposits to checkbook, receipt Min journals, and January 2017 bank statement. 6. Verify copies of cancelled checks and deposits are kept with bank statements and that cancelled checks are signed(reviewed 3 months). 7. Verify pre-numbered checks are used for the monthly check remitted to the Town of Ithaca(reviewed 3 months). 8. Review the Current Bail Defendant's report for 5 months that included bail to assure a list of bail is maintained and trace amounts over $1,000 to case files noting proper documentation and receipts are in place. 9. Trace and agree monthly report issued to NYS Comptroller, invoice received from NYS Comptroller, and check issued to the Town of Ithaca Chief Fiscal Officer (reviewed 6 months). 10. Review submission date of monthly report to the NYS Comptroller. Report is due by the 10th of the following month(reviewed 6 months). -2 - JUSTICE KLEIN FINDINGS: Ron All agreed upon procedures listed on page 2 were performed for Justice Klein. The following finding is associated with those procedures: 1. There is a difference of$1,054.50 between the computer generated bail report and the bail check register balance. JUSTICE SALK FINDINGS: r All agreed upon procedures listed on page 2 were performed for Justice Salk. The following finding is associated with those procedures: 1. Receipt #JAS8385 was duplicated in the system. SEI has override authority, but the clerks do not. When Judge Salk's clerk called SEI to correct a mistake in the system,they created a new receipt that had the same number as another already included in the system. - 3 - TOWN OF ITHACA SUMMARY OF TOWN COURT ACTIVITY Justice Justice Klein Salk CASES: Number of cases closed 786 1,174 Number of cases open 1,146 1,647 Arraignment for other courts 7 12 Charges transferred to county court 10 11 TOTAL CASES 1,949 2,844 FINES AND FEES: Criminal, motor vehicle $ 56,739 $ 70,033 Surcharges 61,250 64,939 Civil 9,733 11,653 Bail poundage 240 225 ITHACA TOWN COURT COLLECTIONS $ 127,962 $ 146,850 BAIL RECEIVED $ 34,175 $ 10,700 CASH BALANCES: Regular $ 8,456 $ 12,154 Bail 3,540 3,750 TOTAL CASH $ 11,996 $ 15,904 r AGGREGATE NEW YORK STATE JUSTICE COURT REMITTANCE $ 274,812 r r r -4- Agenda If tern #1 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 Whereas the Town of Ithaca Conservation Board has submitted a Deer Management Plan (Plan) to the Town Board, and Whereas the Town Board has reviewed and discussed the Plan and wishes to form a Citizens Advisory Committee to review the stated options and others in detail, and Whereas the following have agreed to serve: Town Board members Bill Goodman, Pamela Bleiwas and Eric Levine Conservation Board Member Agricultural Committee Member Lisa Ferguson Linda Woodard, Village of Cayuga Heights now therefore be it Resolved that the Town Board establishes the Deer Management Plan review Committee as stated. Moved: Seconded: Vote: Agenda Il i urrr :#15 MEETING OF THE ITHACA TOWN BOARD Monday,August 7, 2017 TB Resolution 2017-xxx: 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. Ratify appointment of Assistant Distribution Manager—Bolton Point e. Ratify appointment of Distribution Operator Assistant—Bolton Point f Close Capital Project—Pine Tree Road Moved: Seconded: Vote: Ayes— TB Resolution 2017-xxxa: Approval of Town Board Minutes of July 10, 24, & 31, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on July 10, 24, and 31, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017-xxxb: 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. 964 - 1025 General Fund Townwide 14,093.09 General Fund Part-Town 1,288.29 Highway Fund Part-Town 23,938.96 Highway Reserves Account Water Fund 154,987.23 Sewer Fund 5,448.81 Gateway Trail —H8 Trumansburg Water Tank Repl —H9 Park Lane Water Main Improv—H11 Sapsucker Woods Water Main—H12 Christopher Circle Water Main—H13 1,690.94 Pine Tree Road Pedest Bridge—H5 Risk Retention Fund 3,744.00 Fire Protection Fund 44,546.40 Forest Home Lighting District 155.69 Glenside Lighting District 63.63 Renwick Heights Lighting District 71.28 Eastwood Commons Lighting District 162.44 Clover Lane Lighting District 18.74 Winner's Circle Lighting District 64.24 Burleigh Drive Lighting District 63.59 West Haven Road Lighting District 189.90 Coddington Road Lighting District 113.39 Trust and Agency Expendable Trust—Inlet Cemetery Debt Service 150.00 TOTAL 250,790.62 TB Resolution 2017-xxxc: Bolton Point Abstract TB Resolution 2017-xxxd: Appointment of Assistant Distribution Manager at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on August 3, 2017, provisionally promotionally appointed Jeffrey Hall, Distribution Operator, as the Assistant Distribution Manager, effective August 6, 2017; now, therefore, be it Resolved, that the Town of Ithaca does hereby ratify the Commission's provisional appointment of Jeffrey Hall, Distribution Operator , as the Assistant Distribution Manager, effective August 6, 2017, at an hourly rate of$26.51, in Job Classification `7', with full time benefits; and, be it further Resolved, the said appointment is a provisional appointment pending a promotional civil service exam for Assistant Distribution Manager. TB Resolution 2017-xxxe: Appointment of Distribution Operator Assistant at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on August 3, 2017, appointed Jacob Colbert, Water Maintenance Specialist, as a Distribution Operator Assistant, effective August 6, 2017; now, therefore, be it Resolved, that the Town of Ithaca does hereby ratify the Commission's appointment of Jacob Colbert, Water Maintenance Specialist, as a Distribution Operator Assistant, effective August 6, 2017, at an hourly rate of$19.29, in Job Classification `2', with full time benefits. TB Resolution 2017-xxxf: Authorization to Close the Town of Ithaca Pine Tree Road Pedestrian Improvements Capital Project Fund Whereas, the Town Board of the Town of Ithaca authorized the Town of Ithaca Pine Tree Road Pedestrian Improvements Capital Project Fund under Resolution No. 2011-207 on December 12, 2011; and Whereas, this project provided for the design and construction of a pedestrian and bicycle path and bridge over Pine Tree Road (CR174) connecting pedestrian and bicycle paths between Dryden Road and the East Hill Plaza area, and eliminated the substandard underpass clearance on Pine Tree Road by replacing the former railroad overpass with a 119-foot span trail bridge, and Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have certified the Pine Tree Road Pedestrian Improvements project has been completed to the satisfaction of the Town; and Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity in the approximate amount of$1,759.90. Now, therefore, be it Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this Town Board declares said project complete; and be it further Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to close the accounting and financial records for the Town of Ithaca Pine Tree Road Pedestrian Improvements Capital Project Fund; and be it further Resolved, that the Town Board approves, authorizes and directs that the remaining equity in said fund be transferred to the General Townwide Fund. Meeting of the Ithaca Town Board Monday, July 10, 2017 at 5:30 p.m. $ - 215 North Tioga Street, Ithaca, NY 14850 Draft Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates Dir6f Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Hum ources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan torney for the Town 1. Call to order and pledge of Allegiance Mr. Goodman opened the meeting at 5:33 p. �� 0 2. Persons to be Heard and Board Comments 3. Pulled 5:30 p.m. Public Hearin ding a propocal law to override the tax levy limit established in General Munic ec 3-c for Reset with correct dates. TB Resolution 20l7-077a;e8r#Ujn2 a Pub l ea ii Proposed Local Law to Override the Tax Lev fished i ral MumA al Law 3-c Resolved t e Town B of the n of Ithaca will hold a Public Hearing on August 7, 2017 at m. re optio a local law to override the tax levy limit established in General `fiscal year beginning January 1, 2018 and ending D 201 hick time a ople interested in speaking for or against the propos al Tawe head be it further olved that the n CI all publish notice of this public hearing in the official newspa d post on the n Cler `Bulletin Board as required by law. Moved: Bill an �� Seconded: Rod Howe Vote: Ayes —G n Howe, Hunter, DePaolo, Levine and Bleiwas 4. Discuss project on Route 96, formerly Holochuck Chris Dirr, VP of Development for NRP Group. Adam Walters, Nathan Brown, Architect and Keystone Associates, Engineering were also present. Mr. Dirr thanked the Board for the opportunity to speak and gave some of the background about the new project, Ithaca Town Homes, saying that they had been speaking with Mr. Holochuck TB 2017-07-10 pg. 1 for a number of years and he went through a long process of conceiving the development and getting the approvals and his concept was to get the approvals and sell the property to a home builder to develop all of the units and that has proven really challenging because to develop the infrastructure in phase one and that is a challenge for 105 units in a market that only develops about 34 units across the entire county. His plan also would have taken years and ours is different and we hope to tighten the construction period to 15 months and use the Townhomes as rentals and transition to for sale when we have a recapitalization of the development. Mr. Dirr stated that in looking at the development, they spent a lot of e reviewing the comments throughout the previous approval process to better uncle the feedback and to see what they could do to not change anything but to enhance some approvals that have been granted. Mr. Dirr had display boards and stated that the are pro to develfirst phase which P Y Y P g puts in place the ring and the access road and the fir us or minus um uld be developed with all the necessary infrastructure. The way the raphy is, it runs down nd in the approval, there were 2-story townhomes with g and they suggesting, b �n some of the negative comments, and in looking at the sub m tha t take into acco t that topography; the new proposal would be single story ahigh side of the road and on the low side, from the road side, you wou single-story but the backsides would actually be two-units to take advantage of the b hat woul to be built and in the previous plan would have been undeveloped base t his wo duce the visual impact and better utilize the contour of the topograph Mr. Brown added that t ' uilds d ead of � it avoids that view thateo le P P were not in favor of, ated th ages fr he front and bring the mass of the buildings down and also pro a better se f neighb od. Mr. Dirr added that all � accessible since all of the bedrooms would be on the They Ian also has f the osed townhouses as a clubhouse for the development near the e e and some sh servi ch as playgrounds, gardens and inside some computer equipme reuse room, c unity ving room, and laundry services. Mr. Dirr state the ori approval had the road as a public road and they are open to the idea of it being a to ecause that seems to be desirable in municipalities lately. Since it is a rental develop m rst, the rental management company would be responsible for the maintenance and in th uture, a home owners association would take that over. Mr. Dirr spoke about the rentals; they are suggesting doing the development as a rental development to allow them to reduce the impact of a long production cycle down to a 12-15 month period and allow them to do both the construction of the road and the vertical units simultaneous. He said he understood that one of the conditions of the subdivision approval was that the road be completed prior to commencement of any vertical construction so he would like feedback from the town about their willingness to allow that with the understanding that none of TB 2017-07-10 pg. 2 the units would be issued Certificates of Occupancy until all of the infrastructure associated with phase one was completed. Mr. Dirr stated that they understand that housing affordability is of great concern to the town and that one of the requirements for the development was that a certain percentage of the units be affordable. They "acknowledge, accept and agree with that" and they are proposing that a percentage that is higher than required by the town be affordable. They see the great need and demand for units that range in that middle income. Mr. Dirr stated that by "middle income"he means units that range0% AMI up to 130% AMI and they see that as a need that is not met in this area. He t know what the percentage will be but when translated into rents, the units w' minately 2- 3- and 4- bedroom units with the majority being 2 and 3 bedroom uni' gin een $875 - $1,500 a month excluding utilities. Mr. Dirr stated that they hav a lot of in from CMC about the units. ���� The other gentlemen spoke, saying that the goal stay withi e parameters approved SEQR and EIS and they have not secured financin are timeline would securing financing in Spring of 2018 and starting construction 8 give or take a month with the intention of delivering units 16 month so Summe 019. They would like to deliver the units as each building became availabl , e summer �19 have all of the infrastructure and units done and delivered. ��������� Board Comments and Q Ms. Leary asked abo range o is they and asked if that really was within the 50%- 120% AMI and th onded tha ny peopl surprised at what the actual rent is within those parameters. ry as woul n additional fee for the private road and they responded no, only ��� �u d separately but they will be very energy efficient ate es will be abo 15 a month for a 2-bedroom. v Mr. "dried that on HO over the roads, the HOA members would be responsible for th sts, but not on front Ms. Learyabout the ti rame for possible ownership and Mr. Brown responded that it depends on th of fina g they are able to secure. If the low income tax credits are taken, there is a 15 year pHowever, the second phase of 30 odd units would be affordable for sale units witho g to utilize tax credits. All of the units in the first phase, 66 of them, would be rentals with e second phase having as many of them as affordable as possible and that is an issue when not using the tax credits and how many will not have an affordability requirement to allow that to happen. Mr. Dirr stated that it is an extraordinarily expensive site to develop because there is so much infrastructure associated with it so the way to be able to deliver units that are less expensive would be to utilize a different building structure which isn't contemplated and the other is that there seems to be a good deal of very low income units, 30%AMI, available in this area so we TB 2017-07-10 pg. 3 are really trying to target that 50% -130% AMI. He added that Ithaca and Saratoga Springs are consistently the highest AMI in the region. Mr. Levine asked about the initial occupancy and if they qualify to get in, are they allowed to stay even if that changes so that long term occupancy is encouraged? Mr. Dru responded that once they are admitted as a resident, they cannot be kicked out essentially; the administration would work the numbers to move them up to the next level while opening the level they left. Mr. Dru added that once the development turns to ownership those w' the longest tenancy get a better deal; they essentially get credit toward the eventual purcha units will have a long- term affordability requirement so someone couldn't move ' an as a market rate unit. Ms. Hunter asked about the different funding programs out explained the Federal Low Income Tax Credit which is for units up to 65% A between 6 % there is a State Low Income Tax Credit so the units that are above 6 d up to 90% are ble for the State credit but not the Federal credit. Then there is a t ogram called a Midd ome Credit that the State just started to encourage those uni 0%-130% d that is what es us to provide that mixed income in the middle, a combi of t �e programs. We ill use those as well as layered conventional debt. Mr. Dirr added that the allocation to ea' ends on nancing structure and the market study as well as the competitive process t ' we can n how it is structured. Mr. DePaolo asked if they ticipatin edi p om the Town Board or were they here strictly for in rposes . Dru sai does not anticipate looking for anything from the T oard ex c feedbac Ms. Hunter spoke ab creati . .es for r children such as soccer fields, tennis courts etc and Mr. Dirr d a sidewalk which the other plan did not have andto ypes of featur ut we are trying not to deviate from the plan and in g at t ious eats, it seemed the interest was more in keeping the natural are ral but they a ret en to those types of recreation. Ms. Bl i tated that she reciate� he update and agreed with Ms. Hunter about whatever recreationa ortunities ca incorporated for the teenagers. She also talked about getting a bus stop there he aske ut parking areas and Mr. Dirr responded that they have approached this ei ood with normal driveways for parking, not parking lots. He also stated that this back he NYS Parks property where the Black Diamond Trail is and they anticipate a number o sements for trails and connectivity to CMC and down to the trail. Ms. Leary asked about the garages and Mr. Dirr explained that it is mostly a cost and visual consideration, noting that they have storage in each of the units which is what garages usually end up being. TB 2017-07-10 pg. 4 Mr. Goodman asked Mr. Dirr if they are asking the Town for a PILOT and he responded, at this time he is not but he asked what the Town's feeling are on that since some funding/grant sources find that attractive. Mr. Goodman asked about the process and Mr. Dirr outlined the different grants/funds they are pursuing. They have had positive comments from the agencies. Mr. Weber commented that it seems they would like to accelerate a lot of the infrastructure and the buildings and he reminded them that there is public water through site and part of the acceptance of the water is that there is proper cover over the main at usually facilitates final roadway grades, so if the water is going in prior to any co on as required, you don't have cover over the main, that's a consideration. Mr. Dirr re at what they would typically do is engage the inspector to ensure that construct'° don ording to the municipality. There was some discussion on the transportation DDand conditions and r responded that they will comply with all conditions of the ved plan. p DID � ����� IIIIIIDI 5. Discuss changes and set a public 'ng regards roposed Local Law Adding Art Mural Provisions to Town Code 70, "Zorn Mr. Goodman noted that an option discus at the ting o allow the murals in all zones other than residentia Some di si o t e members concerned about what criteria would be ine"of and othe anting to see if it is a problem before restricting it. oard wa favor o ting the restriction in as proposed in the packet copy. TB Resolution 2017-0 Re2ardin2 a Proposed Local Law Addin ovis o Town Co a ter 270 "tonin " solved that t wn of the Town of Ithaca will hold a Public Hearing on Augu 017 at 5:30 p. garde roposed local law Adding Art Mural Provisions to Town hapter 270, " ng," at which time all people interested in speaking for or against the propos al law shall card. v Moved: Bill Go Seconded: Rod Howe Vote: Ayes —Good we, Hunter, Leary, Levine, Bleiwas and DePaolo 6. Discuss and consider setting a public hearing -Public Interest Order —regarding a proposed Water Improvement for the Town of Ithaca to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area TB 2017-07-10 pg. 5 TB Resolution 2017-078: Order Setting a Public Hearing Re2ardin2 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 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 Present: Tee-Ann Hunter, Rod Howe, Rich DePaolo, Bill Goodman, Pat Leary, Pamela Bleiwas, and Eric Levine Moved: Tee-Ann Hunter Seconded: Rod Howe Whereas, a map, plan and report, including an estim have been duly prepared in such manner and in such detail as has heretofore been ine the Town Board of the Town of Ithaca, Tompkins County, New York, relati the establi nt and construction, pursuant to Article 12-C of the Town Law, of w stem improvem to be known and identified as the Town of Ithaca Ellis Hollow ater Main and Tan allation Water Improvement, (the "Improvement"), to provid h water I ovement to t esent Town water system, such water system Improvement t cons and owned by e Town of Ithaca; to serve a benefitted area in said Town to be the Town of Ithaca Ellis Hollow Road Water Main and Tank Installa ' Water Impro nt Area (the "Water Improvement Area"); and Whereas, said map, plan and re inc ' tima cost, were prepared by a competent engineer, duly 1' by the of have been filed in the office of the Town Clerk of sai re the e availa during regular office hours for examination by any or pers nterest the subject matter thereof, and Whereas, the of sai termin be benefited by said Town of Ithaca Ellis Hollow Road Water M er Improvement Area consists of the entire area of s ' epti efrom the are �ntained within the Village of Cayuga Heights, and IIIIIIII�j� � o0 ereas, the Impentosed in connection with the establishment of the Water Improve Area consists the ins allation of approximately 4,000 LF of 12" and 10" water main, begi in the area he intersection of Pine Tree Road/Ellis Hollow Road and ending at the new t ocation Hungerford Hill Road, a glass lined Water storage tank, of approximately 6 0 s, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hil llis Hollow Road intersection and the modification/reconstruction of a Control Building to �ed on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of$2,750,000.00 and Whereas, said $2,750,000 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 TB 2017-07-10 pg. 6 issuance of serial bonds with a maximum maturity not in excess of the forty (40) 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 bon as the same become due and payable; and Whereas, it is now desired to call a public hearing rpose of considering said map, plan and report, including estimate of cost, and the ding e Improvement, and to hear all persons interested in the subject thereof conce t e same, accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, the Town,'A, and of the of Ithaca, Tompkins County, New York, as follows: 0 Section 1. A public heart ll be held b own Board of the Town of Ithaca, Tompkins County, New York, at the I'� 215 Nort a Street, in Ithaca, New York, in said Town, on the 7th day of August, 'clock Prevailing Time, to consider the aforesaid plan, report and map, inclu esti m st, ae question of providing the Improvement, and to hear ns inter e in a reof concerning the same and to take such action thereo by la Section 2. e Town C is here b thorized and directed to publish a Notice of Public Hearing reg a the kaid.. Impro ent to be published once in the official newspaper, and also to n signboard maintained by the Town Clerk, not less t or an twenty ( Sys before the day designated for the hearing as afores ri "ac cc e w e provisions of Section 209-q of the Town Law. tion 3. Thi der s ke effect immediately. The questithe adoption the foregoing Order was duly put to a vote on roll call, which resulted as fo Tee-A ureter, aye; Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Pat Leary a eiwas, aye; and Eric Levine, aye. The Order was ereupon declared duly adopted. 7. Continue discussion regarding proposed legislation of two-family residences including a rental registry Mr. Goodman started the discussion noting the summary sheet prepared by staff outlining the changes currently proposed. (Attachment 1) This summary or similar will go out to the public to help them understand what we are doing and to get any comments earlier rather than later. TB 2017-07-10 pg. 7 Ms. Brock had a question about whether the accessory unit would only be allowed in an accessory building to the primary building because as written, you can have a second dwelling unit in a building that is accessory to the home; a garage, barn etc. but you can't just build a second unit that is just a dwelling unit; basically a little house and a big house. Mr. Goodman responded that that was discussed at the Study Session and those present were fine with allowing that and removing the current requirement of removing an elder cottage. Mr. Bates added that there is a percentage of lot coverage which would come in to play with a stand-alone second unit. Mr. DePaolo stated that that would bring up other questions suc owing 2-stories and Ms. Ritter suggested that there are laws out there for detached sec is and the Planning Committee can look at those. Mr. DePaolo suggested the Planning Committee wo t for two more �ii� '' gs and invite Ms. Brock to the meetings but have something red r the full board by Sep �er. 8. Discuss and consider setting a public hear i� ng a Local Law to Extend the Moratorium on New Two-family D s, and on t dition of a Second Dwelling Unit to an Existing One-family Dwelling ctober 31, ��� TB Resolution 2017-079: Settin2 a Pub e din o osed Local Law Extending the Moratorium on New it Dw s o dation of a Second Dwellin Unit to an Existin One-famil rou h r 31 26TIV Resolved, t e Town B of the To of Ithaca will hold a public hearing at the Town Hall, 215 North Tiog et, Ith York o 24th day of July, 2017 at 4:30 p.m. for the purpose of considering ng the Moratorium on New Two-family Dwellin Ad of a Secon elling Unit to an Existing One-family Dwelling, throu ober 7, a it further olved, that at � time lace all persons interested in the proposed local law may be hear erring the sa nd it i further Resol at the Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice h hearing in the Ithaca Journal and to post a copy of same on the signboard of the To aca. Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes —Goodman, DePaolo, Hunter, Howe, Leary, Levine and Bleiwas 9. Discuss and consider approval and authorization to sign the revised Southern Cayuga Lake Intermunicipal Water Commission Agreement(Bolton Point) TB 2017-07-10 pg. 8 Mr. Goodman gave an overview of the history noting that this revision started a few years ago to simplify and streamline the agreement. Mr. DePaolo had a question on page 8 where it indicates that"the Chair serve as the public spokesperson of the Commission and express approved policy of the Commission when called upon" and he didn't understand the difference and asked whether this implied that the Chair can only be the spokesperson when he or she is called upon by the Commission to be the spokesperson or is he the spokesperson and can say whatever he wants and that is the edict of the Commission whenever he decides to speak. Mr. Goodman responded that that actually was not changed but umes that the "when called upon"would be when the Commission asks him to take on t Mr. DePaolo suggested changing the word "and" to "to" ch makes '� rer that it is the one role because the Commission is asked from time to t' weigh in on cer nvironmental issues and political issues and he would want to at if the Chair speaks speaking on behalf of the Commission and not unilaterally a Commis' letterhead. Mr. Goodman thought that change would be fine. Mr. DePaolo asked about page 20 whi o with lat wer connection inspections and why Cayuga Heights is not included? o espond t he believes they do their own and the ones in the Agreement are fo se th mmi does and charges back. Mr. Goodman clarified from k. The t substantive being page 7, regarding the definiti a quoru hich is orum of the whole, including any absent seats; "A quorum shall cc� of six me s of the mission." and delete the first half of the next sentence to then begs "A v " An end d reem as also adde������� Ms. er asked abou SE cess given this also deals with supplying water and she used ample of supp wate AFOs. Mr. Goodman assumed there would be SEQR if water w ended. Some discussi Mowed s. Brock stated that the provision of large quantities of water would be subject each agency would do its own review or it would be a coordinated review' of the municipalities as Lead Agency for which there is another process where the tow could state any concerns. Mr. DePaolo asked what would trip the balance about what is large enough to need a review and some discussion followed on how to make a review happen. Ms. Brock stated that the Commission could create a Type 1 list with any sale of water to a non-member that meets certain criteria would need review. TB 2017-07-10 pg. 9 TB Resolution 2017-080: Approving the Revised Southern Cayu2a Lake Intermunicipal Water Commission Agreement and authorizing the Town Board to sign same Whereas, the Town entered into an agreement of intermunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979 and which agreement has been subsequently amended from time to time(such agreement as so amended being hereinafter referred to as the "Agreement"); and Whereas, the parties to the Agreement wish to revise th ement to streamline and clarify certain sections as well as incorporate the various am� ' ade over the years; and Whereas, a copy of the proposed revised Agree as been s ted to this Board; and Whereas, this Board finds it is in the be crests of th own and its ci s to effect the proposed revisions; now, therefore, be it Resolved, that the Town Boar � e Town of hereby determines, pursuant to Part 617 of the Implementing Regulations o Article e Environmental Conservation Law (the State Environmental Quality R w QRA' adoption of said proposed revisions is a Type II action, constituting tine o ing cy administration and management, not includin ograms ajo rionties that may affect the environment" and thus sed wit her reg a o SEQRA; and it is further Resolved, t e Town B of the T of Ithaca hereby adopts the revised Agreement entitled ' ATE EN MUNICIPAL COOPERATION FOR CONSTRUCTION, F OF AN INTERMUNICIPAL WATER SUPPLY SM SYSTEM ; it is further esolved, that wn d members sign such revised agreement as the act of the Town ��Ill Moved: Bodman Seconded: Tee-Ann Hunter Vote: Ayes — man, r, DePaolo, Howe, Levine, Leary and Bleiwas 10. Discuss and co, seder authorization for the Town Supervisor to sign an agreement with EdR Trust for the payment of an additional Code Officer associated with Maplewood project TB Resolution 2017- 081: Authorizing the Town Supervisor to Execute an Agreement with EdR Maplewood LLC for Inspection Services TB 2017-07-10 pg. 10 Whereas, the Town has requested additional financial assistance from the developers of the new Maplewood Apartments project because the volume of building inspections that will be required by the project are much more than will be paid for by the building permit fees received from the developer, and Whereas, the Town hired two new Code Enforcement Officers in February 2017 so that it would have enough personnel to handle all of the Maplewood inspections, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby a orizes the Town Supervisor to execute on behalf of the Town the Construction Insp "Agreement Maplewood Apartments with EdR Maplewood LLC, subject to approval fro attorney for the Town. Moved: Bill Goodman Seconded: owe Vote: Ayes —Goodman, Howe, Hunter, Levine, Lea aolo and Ble 11. Establish a Deer Management Commi nd a S erm Rental ittee Mr. Goodman noted that if the Deer M agement were Citizens advisory committee that is a town board action and we wouldr9d �� solution. D ion followed on the two and Mr. Goodman will check with the Cons erva embers e if someone would like to be on it and invite others with expertize to b thettee. Paolo, Ms. Hunter and Ms. Leary will be on the STR Committee and Levi Ble s will be on the Deer committee with the cave meet at as noted that she would be "playing devil's advoc nd th rd and d that. J� 12. Consider Con ge TB Res 82: t Consent A e Res' that the Town d o own of Ithaca hereby approves and/or adopts the follow onsent Agenda s: I pproval of n Board Minutes b. roval of �n of Ithaca Abstract C. A val lton Point Abstract d. Rat' ntment of Distribution Manager—Bolton Point Moved: Tee Ann Hunter Seconded: Rich DePaolo Vote: Ayes —Howe, Hunter, Leary, Levine, DePaolo and Goodman TB Resolution 2017- 082a: Approval of Town Board Minutes of June 12, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on June 19, 2017 of the Town Board of the Town of Ithaca. TB 2017-07-10 pg. 11 TB Resolution 2017-082b: 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 authorize payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 830 - 889 General Fund Townwide 33,821.07 General Fund Part-Town Highway Fund Part-Town 24 Water Fund 17;° 15 Sewer Fund 297,3 Risk Retention Fund 155. Forest Home Lighting District �� 1111111" 36.61 °������ Glenside Lighting District rfil,0.93 Renwick Heights Lighting District Eastwood Commons Li hting District 25 Clover Lane Lighting Winner's Circle Ligh ' istric .11 Burleigh Drive Li District 11.9 West Haven Road ing Dist r' 29 Coddington Road Lig Di 2 Trust and " .00 TOTAL 389,239.37 TB �u tion 2017-08 olto t Abstract s, the follow numbered vouchers for the Southern Cayuga Lake Intermunicip ter Com on have been presented to the governing Town Board for approval of pay an Whereas, the 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: 252-289 Check Numbers: 17181-17218 TB 2017-07-10 pg. 12 Capital Impr/Rept Project $ 1,512.08 Operating Fund $ 62,987.67 TOTAL $ 64,499.75 Less Prepaid j.............18,:. . ..1 04 .... . :: TOTAL $ 45 568.71 TB Resolution 2017-082d: Appointment of Distribution Manager at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water ission on July 6, 2017, provisionally promotionally appointed Gregg Weatherby, As stribution Manager, as the Distribution Manager, effective August 6, 2017; now, therefo Resolved, that the Town of Ithaca does hereby t e Commi 's provisional appointment of Gregg Weatherby, Assistant Distrib anager, as the 'bution Manager, effective August 6, 2017, at an annual salary of$ in Job Classification with full time benefits including a Commission vehicle for co ing and e Fpency respons oses; and, be it further Resolved, the said appointme rovisional tional appointment pending a promotional civil service exam for Dis anager. 13. Report of Town Officials /Town mmit Inte nicipal Organizations Mr. Goodman reported of Si garding t �003 agreement for water/sewer and the current elect icials ar ing to to speed on what the coordination should be for the treatment pl and capaci The agre t actually spells out a few things that should be happening that are o mor on this. 14. R resp ce Mr. man noted th re ister from Mr. Wattros regarding the Pennsylvania Ave 280a issue. lot does not h ronta a public road but there is an existing house there so it would n be declared pen de elopment zone. The question is whether to do it for one lot or a co f lots. Mr. dman suggested it go to the Planning Committee and Mr. Bates could bring a the oth is to for review and then the board could discuss it at the next meeting. 15. Consider Adjo rnment Meeting was adjourned upon a motion and a second at 7:53 p.m. Submitted by Paulette Rosa, Town Clerk TB 2017-07-10 pg. 13 Meeting of the Ithaca Town Board Monday, July 24, 2017 at 4:30 p.m. $ - 215 North Tioga Street, Ithaca, NY 14850 Draft Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Mike Solvig, Director of Finance; Paulette Rosa, Town Clerk and Jim Weber, Highway Superintendent Meeting was called to order at 4:32 p.m. 1. Public Hearing regarding a proposed 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 Mr. Goodman opened the public hearing at 4:33p.m.; there was no one present and the hearing was closed. TB Resolution 2017 - 084: 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 TB 2017-07-24 Pg. 1 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 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 11 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: Rich DePaolo Seconded: Pat Leary Vote: Ayes —DePaolo, Leary, Hunter, Goodman, Bleiwas, Levine and Howe 2. Discuss Rental Operating Permit Program Mr. DePaolo reported from the Planning Committee discussion saying that the major questions surround the timing and whether some parts would be active before others due to staffing issues and how to roll this out. Possibilities include phasing in the registering and the inspections. There will have to be some targeted mailing to listed rentals as well as the media etc. Mr. DePaolo added that the most substantive issue discussed with Ms. Brock at the Committee was whether the town wants to allow separate rental units and some restrictions around that such as within a certain distance of the primary structure so there isn't a little house stuck in the TB 2017-07-24 Pg. 2 middle of open space in a Conservation Zone. Also looking at size restrictions with the working number being 800 square feet. The other talking point is looking at the definition of"family" and the "boarder" component. Mr. Bates suggests that a boarder be allowed in both sides because it is happening anyway and is an enforcement nightmare and the developers are asking for it also. In the high density zones, allowing true duplexes is also on the table to be discussed. 3. Discuss request for establishing an open development zone for 185 Kendall Avenue Mr. Goodman gave the history of this request and noted that we have done this for two other lots that had existing buildings on them. There are other vacant lots and something will eventually happen with those, but this one has a house on it and can't have a building permit until the issue is resolved. Mr. DePaolo reported that the Planning Committee reviewed this and recommends moving forward with establishing an Open Development Zone for this one site because the house is already built. There was some concern about setting a precedent for the other lots, but those lots do not have houses on them already that have received building permits in the past, so there is no comparison and therefore no precedent. Ms. Ritter added that Ms. Brock stated that these types of zones can be conditioned heavily. Mr. Goodman moved the request to the Planning Board for review and comments with Mr. DePaolo seconding, unanimous. 4. Discuss and consider award of contract for the 2017 Manhole Rehabilitation Project TB Resolution 2017-085: Authorization to Award the Contract for the 2017 Manhole Rehabilitation Proiect 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 TB 2017-07-24 Pg. 3 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: Rod Howe Seconded: Pam Bleiwas Vote: Ayes —Howe, Bleiwas, Hunter, Goodman, Leary, DePaolo and Levine TB Resolution 2017 - 086: 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: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Hunter, Goodman, Levine, Leary, Bleiwas and DePaolo TB Resolution 2017- 086a: Approval of Town Board Minutes of July 17, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on July 17, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 086 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 TB 2017-07-24 Pg. 4 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 Water Fund 119,675.38 Sewer Fund 2,831.55 Risk Retention Fund 69.95 Fire Protection Fund 282,183.74 TOTAL 766,392.65 5. Committee Reports Budget Committee—Mr. Levine reported that they discussed the Capital budget and with the preliminary assessed value increase, the tax bill for a typical house in the Town of Ithaca, excluding the Village will be 1% or approximately $17. Some people have experienced a significant increase in their assessments this year so of course those bills will be up significantly for that reason. There will be two Highway Funds which will allow the Village to begin paying for a portion of the services they receive. The Committee looked at the Sustainability position and the fact that the grant funding is over and the City had been considering a dedicated full time position but decided against it this year. This will be a discussion at the P&O Committee also with recommendations forthcoming. The Committee talked about the 96B sidewalk grant and asking IC for a substantial contribution since the project benefits almost exclusively the college. Others such as SHBC and new development might, but right now it's really the college. Planning Public Works Talked about bus trip august 4t'—meet at PW at 10:00 E Salon and Culver Rd—set a time to meet at the site Spec PH Engineering destign Project updates —received 4 proposals with a wide range of prices Ellis Hollow water Rank seem to be focused on the control building Email about parking on Penny Lane—complaining that the judges are giving breaks on the fines Petition from residents at Towerview for piping the ditches. TB 2017-07-24 Pg. 5 Personnel and Organization Review CAP for IT Audit Other or Intermunicipal Rec partnership adopted its budget with a 2%increase/revised agreement is going out to Susan Brock for review as she is counsel for three municipalities TCAC—renew contract with no increase Shared Services - 6. Report of Town Officials Supervisors report—new phones in tomorrow and switch Thursday Calendar—tour on august 41' and picnic this Friday Monday 31't at 11:15 ph for PIO Reviewed draft agenda for Regular meeting August 28th is study session Renwick Heights wants a meeting on STR Deer FOIL 7. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract At 6:02 p.m., Mr. Goodman moved to enter executive session to discuss the possible acquisition of real property where disclosure may affect the price, seconded by Rod Howe, unanimous. Mr. Goodman moved to reenter open session at 6:21 p.m. Ms. Hunter seconding, unanimous. Meeting was adjourned upon a motion and a second at 6:22 p.m. Submitted by Paulette Rosa, Town Clerk TB 2017-07-24 Pg. 6 SPECIAL MEETING OF THE ITHACA TOWN BOARD Town Hall, 215 N. Tioga St., Ithaca, NY, Tompkins County July 31, 2017 at 11:15 a.m. prevailing time Present: Board members: Bill Goodman, Tee-Ann Hunter, Pamela Bleiwas and Pat Leary and Paulette Rosa, Town Clerk Mr. Goodman opened the public hearing at 11:15 a.m. There was no one present and the public hearing was closed. Mr. Goodman gave an overview on the public interest order. TB Resolution No. 2017 - 087: PUBLIC INTEREST ORDER In the Matter of Providing Engineering and Design Services for a Proposed Water Improvement in 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 Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area Present: Bill Goodman, Supervisor; Board Members Pamela Bleiwas, Pat Leary, and Tee-Ann Hunter Motion made by Bill Goodman, seconded by Pamela Bleiwas 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, relating to providing engineering and design services for 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, after said map, plan and report, including an estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on July 17, 2017, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, and specifying that said Town Board shall meet at the Town of Ithaca Town Hall, in Ithaca, New York, in said Town, on the 31st day of July, 2017 at 12:00 PM Prevailing Time, for the purposes of conducting a public hearing on such 1 proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place; and WHEREAS, at a special meeting on July 31, 2017, the Town Board determined approval and implementation of the Improvement, which is an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement the area of the Town described as follows and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: 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 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 be it 2 FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $500,000.00, which shall be financed as follows: at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed five (5) years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Water Improvement Area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. 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; Tee-Ann Hunter, aye; Pamela Bleiwas, aye; and Pat Leary, aye. The Order was thereupon declared duly adopted. 3 Meeting was adjourned upon a motion and a second at 11:23 a.m. Submitted by Paulette Rosa, Town Clerk 4 TOWN OF ITHACA Public Works Department Months of May and June Board Report July 24, 2017 Town Board Meeting Roads: • Park Lane storm water drainage system replacement has been completed and we are still working with the property owner relative to final restoration. • Began our Roadside and easement mowing program. • Completed planning for the Town Board Bus Tour. • Staff attended Violence Prevention training. • Annual workplace safety awareness training was completed. • Drug and alcohol training for new CDL drivers and management staff was completed. • We assisted Towns of Newfield, Lansing, Dryden and Danby. • Brush and limbs were trimmed back at various locations in Town in preparation for oil and stone. • Contracted out bucket truck service to remove trees on various roads, trails and easements. We provided traffic control and cleanup of brush and logs. • Material from milling projects was screened and "Pugged" for use as shoulder material. • Shoulders were placed along all of the paving projects, roads where pavement maintenance operations will be performed and along various other roads throughout Town. • Stone for 2017 projects continues to be stockpiled. • Began hot mix asphalt repair throughout Town. • Performed crack seal operations throughout Town in preparation for pavement maintenance operations. • Completed milling and paving on Juniper, Hickory, Pineview, Northview and Northview West and completed paving on Culver Road. • Completed cleanup and re-seeding of snow plow damaged lawns. • Completed access easement for drainage at Six Mile Creek Winery. • Hosted annual Rabies Clinic at Public Works Facility on May 17th. • Additional seasonal staff began work on May 22nd, including college students. Parks, Trails, and Preserves: • Weekly site inspections were performed. • Invasive species removal and treatment was completed at south end of East Ithaca Recreation Way (Honness Lane section) and Tutelo Park. • Hazardous tree removals at various park and trail sites and various locations in Town proceeded as weather allowed. • Continued support of West Hill Community Garden. • Coordinated with volunteers to pull Garlic Mustard at the East Ithaca Recreation Way section from Honness Lane to Mitchell Street. • Weekly mowing and grounds maintenance of all sites. • Maintenance of the new sections of Pine Tree Paths trail was begun. • Ordered playground equipment and began layout planning for installation at Hungerford Heights Park. Demolition of old play structure was completed. • Assisted with the planting of the Richard Fischer Award tree at the Cass Park trailhead for the Black Diamond Trail. • Coordinated with invasive species removal contractor to continue woody invasives control at Tudor Park, Eastern Heights Park, Troy Park, Grandview Park and East Ithaca Recreation Way. Some re-treatment was also done at sites worked on last year. • Trees were planted at Eastern Heights Park where invasives were removed near an adjacent landowner. • Worked with tree service contractor to cut and remove fallen tree at Lisa Lane Walkway and to trim out deadwood along rest of trail. • Several rentals of the Tutelo Park pavilion occurred. Continued support of the Cal Ripken Leagues summer schedule. Water. • Various water valve box repairs were completed using new sewer truck for excavation. This included some in the new Hanshaw Road Walkway, Coddington Road, Winthrop Drive and Renwick Place. • Water and sewer equipment storage areas were cleaned up and re-organized. • Staff attended annual Dig Safely New York safety training seminar. • Water main breaks were repaired at Penny Lane and Birchwood Drive North. • Provided traffic control for PRV maintenance on Stone Quarry Road with Bolton Point. • Crews restored water main easements on Christopher Lane, Danby Rd., Slaterville Rd., and Warren Rd. • A hydrant was replaced at 553 Elm St. An adjacent tree was cut down and stump removed. • A hydrant was repaired on Wildflower Drive/Strawberry Circle. • Training on the installation and maintenance of Muller hydrants was provided. • Tree removal over water main located at 1463 Slaterville Road. Sewer. • A total of (259) Dig Safely New York mark-outs were completed. • Weekly sewer pump station checks were completed. • Crews excavated for a sanitary broken force main coming on East Shore Drive. • Easements that were cleared of trees and shrubs were hydroseeded. • Water and Sewer easement were mowed. • Site restoration was done encompassing the Pearsall Place Sewer Bursting Job. • Grease blockage was cleared on East Shore Drive. • Flow meters were jetted and cleaned at 400 Lake Street and 1006 Hanshaw Rd. Engineering. o Inspected 21 simple SWPPPs, managed 5 full SWPPPs o Current Projects in Design o 2017-2018 Ellis Hollow Water Tank: RFP responses obtained, Review of information and prep. for Town Board authorization to proceed, Comptrollers application prep., Planning Board approvals obtained. o Oakwood City/Town PRV/Master Meter Installation: Plans complete, coordinating with City of Ithaca and Contractors to obtain pricing and proceed with installation. o 2017 Sanitary Sewer Manhole Rehabilitation, Townwide: Bids received-Kenyon Pipeline Inspection is low bid at: $121,442.90. o 2017 Belle Sherman Cottages Sanitary Sewer Pipe Replacement: Bids received, awaiting 2017 Sanitary Sewer Manhole award prior to authorizing project. o 2018 Perry Lane Rebuild: Survey data obtained, Processing data for initiation of design. o Lower Bundy Road Rebuild: Survey data obtained, Processing data for initiation of design. o Park Lane Emergency Storm Sewer Replacement-Complete o MS4 (Municipal Separate Storm Sewer System): o Completed inventory of in-house files. o Organization and archiving of documents. o Completed Townwide Illicit Discharge/End-section review and classification. o Completed Townwide Stormwater Management Structure inventory and data collection. o Townwide Trail(s) Stormwater pipe inventory-in progress o Current Development Inspections Underway: o Maplewood Redevelopment-SWPPP, Sanitary Sewer, Water o Westview Subdivision- SWPPP, Roadway installation/inspections, Sanitary Sewer o Clare Bridge—SWPPP o Cayuga Meadows SWPPP, Water, Sewer, and Road o St. Catherine's Parish Center SWPPP, Water, Sewer o Therm-Sanitary Sewer re-alignment-Complete, Easement dedication/legal review in progress. o Bids Received and Construction Underway: o Sapsucker Woods water main Reconstruction-Start date 6/5/2017: 50% Complete o Christopher Circle water main Reconstruction-Start date 7/7/2017: 95% Complete o South and West Hill Water Study-Received Bid-Under Legal Review: 5% Complete o Development Review: o Maplewood Redevelopment o Amabel Proposal; Five Mile Drive-Sanitary Sewer Review o Ithaca Estates III Subdivision o IC Butterfield Stadium Retaining Wall o South Hill Cafe o Namgyal Monastery Paving Project o Cornell Peterson Parking Lot Mods. o Green Tree Expansion o Chain Works o 635 Elmira Road/Hotel-Final Site Plan review o Holochuck Subdivision o Misc. water/sewer tap approvals o Attended Meetings o Personnel Committee o Public Works Committee o Town Board o Planning Board o Bolton Point E & O o Tompkins County Storm water Coalition July-Au usg t Projects: • Sign maintenance • Paving • Weekly site inspections for parks and trails • Weekly sewer pump station checks • Haul materials for the stock piles • Vehicle and equipment maintenance • Install new plantings of native trees and shrubs at all sites treated this year. • Screen topsoil and millings. • Spring tub grinding of brush pile. • Complete restoration of cleared sewer and water easements. • Install new playground at Hungerford Heights Park. Site restoration to follow. • Begin demolition of Grandview Park wooden play structure. • Replace large culvert pipe on South Hill Recreation Way. • Oil and stone roads the week of July 31-August 4. • Roadside and easement mowing. • Continue trimming along trails. • Assist with the installation of a memorial park bench on South Hill Trail.