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HomeMy WebLinkAboutTB Packet 2017-09-11 3cMeeting of the Ithaca Town Board Monday, September 11, 2017 at 5:30 p.m. r, IR �1 " 215 North Tioga Street, Ithaca, NY 14850 Agenda 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. 5:30 p.m. Public Hearings: a. Establishment of an Open Development Zone for 128 Kendal Ave i. SEQR ii. Adoption b. 2018 Assessment Rolls for Special Benefit Districts and Special Benefit Areas i. Adoption c. Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Preliminary Budget i. Adoption 4. Discuss and consider approval to amend the Southern Cayuga Lake Intermunicipal Water Commission Agreement increasing the Water Rate Schedule—Bolton Point 5. Discuss and consider approval of the revised water rate billing structure for the Southern Cayuga Lake Intermunicipal Water Commission Agreement—Bolton Point 6. Discuss and consider setting a public hearing regarding the Town of Ithaca Water & Sewer Rates 7. Acknowledge receipt of SCLIWC's 2016 Independent Audit—Bolton Point 8. Discuss and consider referral of a petition for speed limit reduction on Culver Rd to the County 9. Discuss and consider setting a public hearing regarding draft legislation requiring owner occupancy for new 2-family dwellings and new accessory dwelling units and the establishment of a Rental Operating Permit Program 10. Discuss and consider adoption of bond resolutions for: a. Sapsucker Water Main Improvement Project b. Christopher Circle Water Main Improvement Project 11. Presentation by Superintendent of Highway—Equipment and Machinery Report 12. Discuss and consider authorization for the Supervisor to sign the Tompkins County Animal Control services contract for 3 years 13. Discuss and consider establishing a Citizen Advisory Committee to review the Deer Management Plan recommendations 14. Discuss possible PILOT request from Ithaca Townhouses 15. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of two Motor Equipment Operators —Public Works e. Ratify appointment of Distribution Operator—Bolton Point f. Permanent Appointment of Senior Code Officer 16. Report of Town Officials/Town Committees 17. Intermunicipal Organizations 18. Review of Correspondence 19. Consider Adjournment MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution No. 2017-: Establishment of an Open Development Area for 185 Kendall Avenue WHEREAS, 185 Kendall Avenue, as identified in a map (attached) titled "Pennsylvania/Kendall Ave, Proposed Open Development Area— 185 Kendall Ave" and explained in a letter(attached)written by Dylan Watros,property owner at 185 Kendall Avenue, does not directly abut a street that is on the Town of Ithaca's Official Map within the meaning of New York Town Law § 280-a; and WHEREAS, Kendall Avenue, which is on the Official Map, terminates at the property line at 185 Kendall and access from this parcel is along a gravel road that extends just beyond the official end of Kendall Avenue; and WHEREAS, this parcel currently does not have legal access to Kendall Avenue within the meaning of Town Law § 280-a, because access via an easement or a right-of-way does not satisfy New York Town Law § 280-a(1); and WHEREAS, despite the lack of access, the parcel was developed with a residence that was constructed in 1986; and WHEREAS,pursuant to New York Town Law § 280-a(4), on July 24, 2017, the Ithaca Town Board referred the potential establishment of an open development area for 185 Kendall Avenue to the Ithaca Planning Board for its advice; and WHEREAS, at its August 15, 2017 meeting, the Planning Board adopted a resolution recommending that an open development area be established for this parcel, subject to certain conditions; and WHEREAS, a resolution was adopted by the Town Board for the Town of Ithaca for a public hearing to be held by the Town Board on September 11, 2017 at 5:45 P.M. to hear all interested parties on the proposed establishment of an open development area for this parcel; and WHEREAS, notice of the public hearing was advertised in the Ithaca Journal; and WHEREAS, the public hearing was held on said date and time at the Town of Ithaca Town Hall, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the proposed establishment of the open development area; and WHEREAS,pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Town of Ithaca Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on September 11, 2017, made a negative environmental determination of 1 environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2, and 3, maps and other materials; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby establishes an open development area for 185 Kendall Avenue, as identified in a map titled "Pennsylvania/Kendall Ave, Proposed Open Development Area— 185 Kendall Ave" and explained in a letter written by Dylan Watros,property owner at 185 Kendall Ave, subject to the following conditions as specified by the Planning Board and approved by the Town Board: a. No future subdivision of the parcel shall occur, b. The access to the parcel shall remain paved or be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, and c. All future deeds, easements, and rights-of-way for all or part of the parcel shall contain the following provision: "This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on September 11, 2017." 2 Dylan Watros 185 Kendall Avenue Ithaca, NY 14850 607.342.2358 dylanwat9l@gmail.com Bill Goodman Ithaca Town Supervisor 215 North Tioga Street Ithaca, NY 14850 Mr. Goodman, In December, Bruce Bates informed me that I could not obtain a building permit for my residence because my property did not have sufficient frontage on an official Town of Ithaca road. Since its construction in 1986, my residence has been issued three building permits; one for the construction of the residence and two for wood stoves that were installed. Thus,this decision was despite my residence being an existing property, already having been issued permits in the past, and paying taxes to the Town. I attended the Ithaca Town Board meeting in January in order to receive building permits for my property.At the board meeting I was told the issue would be moved to the Planning Board and that developers had also inquired about this same area. I am writing this letter because I feel that I should not be considered in conjunction with the developers on this issue. My residence already exists and I am not seeking to expand its footprint. With the number of lots that these developers own, they will be able to build several buildings at the current zoning designation of the area - and even more if the zoning level is increased. The development of the South Hill Recreation Trail and construction on these lots will surely become controversial due to the removal of green space lining the recreation trail and construction of "cookie cutter"houses that are favored by the developers. This process will surely result in a significant delay in the issuance of a permit for my existing residence. In order to resolve this situation, I hope you can address my request separately from these new developments and issue permits for my property by designating it as an "open development area," in accordance with state code. Please feel free to contact me with any further questions you may have regarding this request. Sincerely, Dylan Watros MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution No. 2017-: SEOR: Establishment of an Open Development Area for 185 Kendall Avenue WHEREAS, this action is the establishment of an open development area for 185 Kendall Avenue, as identified in a map (attached) titled"Pennsylvania/Kendall Ave, Proposed Open Development Area— 185 Kendall Ave" and explained in a letter(attached) written by Dylan Watros,property owner at 185 Kendall Ave; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is acting as lead agency in an environmental review with respect to this action; and WHEREAS, the Town Board, at a meeting held on September 11, 2017, has reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3, for this action, prepared by Town Planning staff, now, therefore, be it RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. 1 Short Environmental Assessment Form Part l -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Proposed Establishment Of An Open Development Area Project Location(describe,and attach a location map): 185 Kendall Avenue,Town of Ithaca Tax Parcel No. 54.4-19 Brief Description of Proposed Action: The proposal is the establishment of an open development area by the Town Board in accordance with New York Town Law Section 280-a(4). The proposed area contains a home that was constructed in 1986. The property lacks legal access as defined by New York Town Law Section 280-a(1) because the official part of Kendall Avenue ends at the property line. In accordance with New York State Town Law, no building permits can be issued for this parcel. To remedy the situation,the town proposes to establish an open development area so that building permits may be issued. Name of Applicant or Sponsor: Telephone: 607-273-1721 Town of Ithaca E-Mail: bgoodman@town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Z ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 1:1 ❑ Town of Ithaca Planning Board recommendation(recommendation given 8/15/2017) 3.a.Total acreage of the site of the proposed action? 0.2 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.2 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [—]Industrial [—]Commercial W]Residential(suburban) ❑Forest ❑Agriculture El Aquatic El Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ ✓❑ b. Consistent with the adopted comprehensive plan? ❑ ❑ Z 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ IZI 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ✓❑ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ F-1- b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ✓❑ b.Area is served by MAT Route 11 c.South Hill Recreation Way is located 160ft+/-N/E of the property. c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A ❑ ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? � ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑✓ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands m Early mid-successional ❑ Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? Please see Part 3&EAF Mapper(att) ❑ ✓❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, 0 1:1a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes,briefly describe: NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: W1 F-1 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: F-71 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: F-71 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: William Goodman Date: Signature: Page 3 of 3 EAF Mapper Summary Report Tuesday, August 29, 2017 3:53 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental s. 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 ar m"n 'j the EAF Mapper provides the most up-to-date digital data available to ( N p ,.y 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 54 4-22 ,'$ substitute for agency determinations. P14. 4 2. I 2 2"2 r .. r , q r, i 1h PU d P, � pI �///� ., 54 .52�� rj fl k r$ Tar�snd� �� 54 n '„t ...w, (j I fl �` IS InUr, r�IAd�J, �, I r p . tid� flr N Boston m icmlde m we e „ 0 r l pm � � ' n u-28 'T, i, .0 Wi swio ? , .U . y IH K �� 5ri(The H rd fliW611aI EEtEmTF uFCar E riL s � � L, L..... ......N........ User comrrtrunrty m�m�,�rtimm IY am����sa� �E,TI„ Esri Clhins Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National Register of No Historic Places] Part 1 /Question 12b [Archeological Sites] No Part 1 /Question 13a [Wetlands or Other No Regulated Waterbodies] Part 1 /Question 15 [Threatened or Yes 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 http://www.dec.ny.gov/natureexplorer/ New York Nature Explorer 185 Kendall Avenue Proposed Open Development Area Criteria: Selected Map Area rr.. / i0000ii ria / ri i i c al i( I( ����, dIl7l�n I t , .. i i s„s i i i i i i i i i i i i ii i i i i i i i i i i i i i i i i ii i i i ss i i i i ii i / i r r< i xxrsgg%s,�nrf'�x i i i i i i i i i i i s, , ro, I Animal: Butterflies and Moths Southern Grizzled Skipper Butterflies and Skippers Historically 1970 Endangered SH G1G2Q Confirmed Pyrgus wyandot Animal: Dragonflies and Damselflies Midland Clubtail Dragonflies Historically 1894 S3 G5 Confirmed Gomphurzrs fr-aternus Mocha Emerald Dragonflies Historically 1926 S2S3 G5 Confirmed Somatochlora linearis New York State Department of Environmental Conservation Page 1 of 2 9/6/17 11:03 AM New York Nature Explorer u„ Plant: Flowering Plants Catfoot Asters,Goldenrods and Historically 1919 Endangered SH G4G5T3? Daisies Confirmed Pseudognaphalium helleri ssp. micradenium Glaucous Sedge Sedges Recently 2000 Threatened S2S3 G5T5 Confirmed Carex glaucodea James'Sedge Sedges Recently 2003 Threatened S2 G5 Confirmed Carex jamesii Note: Restricted plants and animals may also have also been documented in one or more of the Towns or Cities in which your user-defined area is located, but are not listed in these results. This application does not provide information at the level of Town or City on state-listed animals and on other sensitive animals and plants.A list of the restricted animals and plants documented at the corresponding county level can be obtained via the County link(s)on the original User Defined Search Results page.Any individual plant or animal on this county's restricted list may or may not occur in this particular user-defined area. This list only includes records of rare species and significant natural communities from the databases of the NY Natural Heritage Program. This list is not a definitive statement about the presence or absence of all plants and animals, including rare or state-listed species, or of all significant natural communities. For most areas, comprehensive field surveys have not been conducted, and this list should not be considered a substitute for on-site surveys. New York State Department of Environmental Conservation Page 2 of 2 9/6/17 11:03 AM Agency Use Only [If applicable] Project: 185 Kendall-Open Development Area Date: September 11,2017 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? Z El 2. Will the proposed action result in a change in the use or intensity of use of land? ✓❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ✓❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? Z El b.public/private wastewater treatment utilities? ✓❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? Z El 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] Project: 185 Kendall-Open Development Area Date: September 11,2017 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. The proposed action is to establish an open development area for 185 Kendall Avenue, so the property owner can obtain building permits for renovations to an existing residence on the property. The property has already been developed, so the action is not expected to increase development potential beyond what is allowed by zoning or to create any significant adverse environmental impacts. The proposed action will not affect any zoning, building, or other existing or future regulations guiding development of the area. The proposed action would create conformity(where it does not currently exist) with NYS Town Law 280-a pertaining to legal access and allow the Town the legal ability to issue building permits for the existing dwelling. Regarding Part 1, Question 15: Please see the attached EAF Mapper Summary Report and Nature Explorer Map. There are a number of endangered and threatened plants and animals that have been historically confirmed in the general area of 185 Kendall Avenue. However, none of the animal species has been confirmed since 1970 and the plant species (sedges)that have been recently confirmed do not exist on or adjacent to the property. These sedges might be present near the South Hill Recreation Way, located approximately 160+1-feet northeast of the property,within the Six Mile Creek Valley Unique Natural Area (UNA 156). 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 CX.) �n r lin LL (� � / ( r j %� Y� .i.�.. 6, r� �Illf��p�o��r1j�Xlll��� !., b✓`y,�� '� ��'� ".r/iniR�tla r � 9� r (13 G1 ,, i iii' " / II ' / i /i` � ✓Ill ���% /%/ .� Ln Item 3b MEETING OF THE ITHACA TOWN BOARD September 11, 2017 TB Resolution No. 2017- Adoption of the 2017 Assessment Rolls for Special Benefit Districts and Special Benefit Areas for Tax Year 2018 Whereas, the Town Board of the Town of Ithaca held a properly advertised public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 25th day of September 2017, to consider the 2017 Assessment Rolls for Special Benefit Districts and Special Benefit Areas for the Town of Ithaca for Tax Year 2018; now, therefore, be it Resolved, the governing Town Board of the Town of Ithaca hereby approves and adopts the 2017 Assessment Rolls for the Special Benefit Districts and Special Benefit Areas of the Town of Ithaca for Tax Year 2018 as follows: Fire Protection District: Assessed Value- $1,135,473,489. Forest Home Light District: Assessed Value - $41,357,100. Glenside,Light District: Assessed Value - $4,564,200. RenwickHeights sight District: Assessed Value - $13,162,600. Eastwood Commons sight District: Assessed Value - $17,659,000,. Clover Lane Light Districta, Assessed Value-$2,355,000, Winners Circle Light District: Assessed Value - $2,725,000. Burleigh Drive Light District: Based upon 3,971.1 lineal feet. Westhaven Road Light District: Based upon Road Frontage of 6,732.0 lineal feet. Coddington Road Light District: Based upon Road Frontage of 6,900.3 lineal feet. Water Improvement Benefit Area: Units Available & Connected- 7,863.51. Ad Valorem Water Improvement Benefit Area: Assessed Value - $432,819,470. Sewer Improvement Benefit Area: Units Available & Connected- 7,521.21. Ad Valorem Sewer Improvement Benefit Area: Assessed Value- $490,497,505. Town 520 Omitted Move Tax: Actual Amount- $189.10. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Approval of the 2018 Southern Cayuga Lake Intermunicipal Water Commission Budget(Bolton Point) Whereas, the Southern Cayuga Lake Intermunicipal Water Commission's 2018 Budget has been submitted to the Town Board of the Town of Ithaca and discussed and considered at its September 11, 2017 meeting; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve the 2018 Southern Cayuga Lake Intermunicipal Water Commission's budget. Moved: Seconded: Vote: Ayes — Item 4 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - Approve amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing the Water Rate Schedule Whereas, the Town Board of the Town of Ithaca discussed the proposed increase in the Water Rate Charges contained and put forward in the Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget; now, therefore, be it Resolved, that the Town Board approves and authorizes the execution of an amendment to the agreement of intermunicipal cooperation between the Town and several other municipalities pursuant to which the Southern Cayuga Lake Intermunicipal Water Commission was formed, which amendment would increase the water rate charged by the Commission from $4.53 per 1,000 gallons, said changes to be effective January 1, 2018. Moved: Seconded: Vote: Ayes — 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. Agreement to change water rate schedule 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 Agreement to change water rate schedule 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 Agreement to change water rate schedule 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.: Agreement to change water rate schedule 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 Agreement to change water rate schedule 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. Agreement to change water rate schedule 6 of 6 Item 5 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Approve amendment to the Southern Cayuga Lake Intermunicipal Water Commission Bolton Point Water System Agreement to revise the water rate billing structure Whereas, the Town Board of the Town of Ithaca discussed the proposed amendment to the Southern Cayuga Lake Intermunicipal Water Commission Bolton Point Water System Agreement (Agreement)revising the Water Rate billing structure; now, therefore, be it Resolved, that the Town Board approves and authorizes the execution of an amendment to the agreement of intermunicipal cooperation between the Town and several other municipalities pursuant to which the Southern Cayuga Lake Intermunicipal Water Commission was formed, which amendment would revise the Water Rate billing structure, said changes to be effective January 1, 2018. Moved: Seconded: Vote: Ayes — SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE WATER RATE BILLING STRUCTURE THIS AGREEMENT to change the Water Rate Billing Structure is made as of the 1st day of January, 2018, among 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, (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 served by the Southern Cayuga Lake Intermunicipal Water Commission, 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 billing structure based on a 10,000 gallon minimum; and WHEREAS, the Commission believes it is advisable to adopt a new water rate billing structure based on a 5,000 gallon minimum; NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant to the Agreement, the parties hereby agree to amend the Agreement effective January 1, 2018, so that the water rate billing structure shall be based on a 5,000 gallon minimum. 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. Agreement to change water rate billing structure 1 of 6 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 AS 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 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 Agreement to change water rate billing structure 2 of 6 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 Agreement to change water rate billing structure 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 Agreement to change water rate billing structure 4 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 Agreement to change water rate billing structure 5 of 6 SCLIWC - BOLTON POINT WATER SYSTEM 2018 WATER RATE BILLING STRUCTURE EFFECTIVE JANUARY 1, 2018 MINIMUM BASE CHARGES: The flat rate charge per 1,000 gallons shall be non-fluctuating and equal to four dollars and ninety six cents ($4.96). 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. 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 METER SIZE CONSUMPTION BASE CHARGE INCHES (GALLONS) (DOLLARS) 3/4 5,000 24.80 1 15,000 74.40 1-1/2 22,500 111.60 2 45,000 223.20 3 70,000 347.20 4 100,000 496.00 >6 175,000 868.00 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 50,000 gallons, the Commission billing would be $496.00 (20 units times $24.80) rather than $248.00 (50,000 gallons at $4.96/1000 gallons)). Agreement to change water rate billing structure 6 of 6 Item 6 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Set public hearing regarding Town of Ithaca Water and Sewer rents Resolved that the Town Board will hold a public hearing at its meeting on Monday, October 16, 2017 beginning at 5:30 p.m. to hear public comment on the proposed water and sewer rents for the Town of Ithaca. (Will publish rate with the ad) Moved: Seconded: Vote: Ayes — Item 7 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Acknowledging receipt of SCLIWC (Bolton Point) Independent Audit 2016 Resolved that the Ithaca Town Board acknowledges receipt of the SCLIWC or Bolton Point Independent Audit for the year ending December 31, 2016. Moved: Seconded: Vote: Ayes — Item 8 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Request for speed limit reduction on Culver Road Whereas the Town Board has received a request to establish a posted speed limit on Culver Road which would also lower the speed limit by posting same, now therefore be it Resolved that the Town Board instructs the Town Clerk to forward the request to the Tompkins County Highway Superintendent to begin the process of review by the State of New York. Moved: Seconded: Vote: Ayes — OF-r?, 0 , L TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 yo WWW.TOWN.ITHACA.NY.US Town Clerk 273-1721 Planning 273-1747 Zoning 273-1783 Public Works (Roads, Parks, Trails, Water, Sewer& Engineering)273-1656 September 7, 2017 COMMUNITY ANNOUNCEMENT The Town of Ithaca has had a moratorium on new two-family dwellings and the addition of a secondary dwelling unit on existing single-family dwellings in many parts of the Town for the past 18 months to allow for the review and drafting of regulations to address concerns about rental properties. Attached is a summary sheet providing background information, along with a brief description of the proposed regulations. Also attached are the draft regulations, written in local law format, in their entirety. Written comments on the proposed regulations can be submitted by mail or email, as follows: By mail: Ithaca Town Board 215 N. Tioga Street Ithaca, NY 14850 By email: Ithaca Town Clerk, Paulette Rosa: PRosa@town.ithaca.ny.us Verbal comments on the proposed regulations can be heard during the following The public comment period ("Persons to Be Heard") at the Ithaca Town Board meeting on September 111'. Persons to Be Heard takes place at approximately 5:35pm. A public hearing on the proposed new regulations is tentatively scheduled for October 16, 2017, 5:30pm, at the Ithaca Town Hall, 215 N. Tioga Street. If you have questions concerning the proposed regulations please contact: Bruce Bates, Director of Code Enforcement, BBatesatown.ithaca.ny.us, 607-273-1783, or Susan Ritter, Director of Planning, SRitter@town.ithaca.nusus, 607-273-1747. ° Proposed Town of Ithaca Legislation SIN Bi Summary Sheet Proposed Legislation#1: Accessory Dwelling Units - Owner occupancy requirements and modification of sizing and placement requirements. What is an accessory dwelling unit(ADU Sometimes referred to as an accessory apartment,secondary unit, in-law unit,or granny flat, these are smaller,secondary dwelling units located on a single-family lot that function independently of the primary unit,with a separate kitchen,living area,and entrance. What are the current regulations pertaining to ADUs? An ADU is allowed as an attached unit to the primary house in all residential zones in the Town. An ADU cannot be larger than 50%of the floor area of the primary house (excluding the basement area). Where the ADU is constructed entirely within the basement area, it may exceed 50%of the floor area of the primary house. With special approval from the Zoning Board of Appeals,an ADU can also be constructed as part of an accessory structure,such as a garage,barn,or carriage house. What is the issue and why is legislation needed? Accessory apartments were originally envisioned as a way for a homeowner to care for a relative,such as an aging parent, or as a means to supplement income from renting the ADU to offset a mortgage,taxes, or other costs of home ownership. Today, given Ithaca's lucrative student housing market,some developer/property owners are taking advantage of the Town's ADU provisions and building structures with two dwelling units as student rentals in traditional single-family neighborhoods. The current ADU size threshold has had the unintended consequence of promoting the development of some atypically large structures with full-sized (primary-unit-sized)ADUs. It has also resulted in the development of structures with equally-sized primary and ADU dwellings (by constructing the ADU in the basement),in zones where conventional duplexes are not currently allowed. What are the proposed regulations pertaining to ADUs? In all residential zones other than High Density, new ADUs must comply with owner occupancy requirements.The owner must reside in either the primary or ADU unit. This applies to an ADU constructed as part of a new home or a new ADU constructed within an existing home or accessory structure. Existing homes and properties already having an ADU will be unaffected. The owner occupancy requirements will not apply to these pre-existing ADUs in the future,even if the property is sold,or ownership is transferred. Note: The ADU must be legally recognized either through building permit records and/or Tompkins County Assessment records. New ADUs will be limited to 70%of the floor area of the primary house,up to a maximum of 800 square feet in size. The minimum size of an ADU is 300 square feet. New ADUs may be detached (stand-alone) from a primary dwelling,or be placed in an accessory structure (i.e. garage), in certain locations and under certain circumstances. Dated September 6,2017 ° Proposed Town of Ithaca Legislation SIN Bi Summary Sheet Proposed Legislation#2 Establishing a Residential Rental Operating Permit Program What is an Operating Permit? The Town of Ithaca will be requiring an Operating Permit for residential rental properties. Requiring an Operating Permit will achieve the same result as a rental registry,a program/tool used by many communities where rental housing is a dominant factor,and make sure that the rental unit meets basic health and safety standards. Property owners/landlords will apply for an Operating Permit with the Town every 3-5 years,at which time the property would be subject to inspection. The permit requirement will apply to all rented single-family homes and to all accessory dwelling units/apartments,whether rented or not. Why does the Town need a rental permit program? About 50%of the housing units in the Town are rental units. Having a permit program is intended to ensure that rental housing is maintained in a safe condition and is also not subject to overcrowding. The current system for code enforcement has proven ineffective because it leaves tenants vulnerable to retaliation when they report problems. A permit program would ensure that all rental units meet basic health,safety and occupancy standards by requiring regular inspections of rental homes. How would a Rental Registry program work in the Town of Ithaca? A permit program would be administered by the Town. Landlords/property owners would be required to apply for a permit for their rental property and schedule an inspection. Once a property passes inspection it would receive an Operating Permit which will allow the landlord/property owner to rent the property and which will be valid for a dedicated number of years unless revoked. The permit will be available for current and prospective tenants to see. Do other communities have a Permit/Rental Registry program? The City of Ithaca has had such a program for many years. Other communities with similar systems include Binghamton, Elmira, Canandaigua,and Syracuse. The City of Auburn is currently considering a program. Dated September 6,2017 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING", REGARDING ACCESSORY DWELLING UNITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III(Terminology) of the Town of Ithaca Code, is amended by adding the following definition to §270-5 (Definitions): "ACCESSORY DWELLING UNIT—A second dwelling unit subordinate in size to the principal dwelling unit on a lot, located in either the principal dwelling or a separate structure." Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-11 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, and (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 3. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca Code, §270-14 titled "Permitted accessory buildings or uses"is amended by adding a new Subsection K reading as follows: "K. A detached(stand-alone) accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) The accessory dwelling unit is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 4. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca Code, §270-15 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. [Verify this provision,which allowed second dwelling units pursuant to specific requirements, is no longer needed.] 1 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING Section 5. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-16 titled"Height limitations"is amended by deleting the last sentence and replacing it with the following: "Detached accessory dwelling units shall not exceed one story and 20 feet in height. Other nonagricultural accessory buildings shall not exceed 15 feet in height." Section 6. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-17 titled"Yard regulations"is amended by deleting Subsection F and replacing it with the following: "F. Accessory buildings (1) Detached accessory dwelling units: Detached accessory dwelling units that are less than 200 feet from a street line must be located in a rear yard. Detached accessory dwelling units that are 200 feet or more from a street line may be located any yard. All detached accessory dwelling units must be at least 100 feet from any side lot line, and at least 200 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection H below) may not occupy any open space other than a rear yard. The total lot area covered by nonagricultural accessory buildings (including garages and woodsheds) may not occupy more than 1,000 square feet of any required rear yard. [Revise this provision to account for ADUs?] Accessory buildings (other than accessory dwelling units or garages) shall be not less than 50 feet from any side or rear lot line." Section 7. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-26 titled"Permitted principal uses"is amended by deleting Subsection G and replacing it with the following: "G. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 8. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, § 270-29 titled "Permitted accessory buildings and uses"is amended by adding a new Subsection L reading as follows: 2 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING "L. A detached (stand-alone) accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) The accessory dwelling unit is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." [New §270-219.6 allows only one ADU per lot. Adjust that limit above to account for the fact that farms are allowed to have one or more one- or two-family dwellings, per § 270- 29.B? That latter section allows the following: "If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35." Also, should § 270-29.D be revised? It allows the following: "If the principal use is as a one- or two-family dwelling, up to three accessory buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size."] Section 9. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-30 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. [Verify this provision,which allowed second dwelling units pursuant to specific requirements, is no longer needed.] Section 10. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-31 titled"Height limitations"is amended by adding the following sentence after the first sentence in Subsection A: "Detached accessory dwelling units shall not exceed one story and 20 feet in height." Section 11. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-32 titled "Yard regulations"is amended by adding Subsection A(5)reading as follows: "(5) Detached accessory dwelling units: Detached accessory dwelling units that are less than 200 feet from a street line must be located in a rear yard. Detached accessory dwelling units that are 200 feet or more from a street line may be located any yard. All detached accessory dwelling units must be at least 50 feet from any side lot line, and at least 35 feet from a rear lot line." Section 12. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town of Ithaca Code, §270-41 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: 3 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 13. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town of Ithaca Code, §270-44 titled"Accessory buildings and uses authorized by special approval only"is amended by deleting Subsection A and re-lettering Subsection B as Subsection A. Section 14. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-54 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 15. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-56 titled"Permitted accessory buildings or uses"is amended by adding a new Subsection M reading as follows: "M. A detached (stand-alone) accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." [Amend §270-56.C? It allows the following: "Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet."] Section 16. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-57 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. [Verify this provision,which allowed second dwelling units pursuant to specific requirements, is no longer needed.] 4 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING Section 17. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-59 titled "Height limitations"is amended by deleting the third sentence and replacing it with the following: "Detached accessory dwelling units shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 18. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-60 titled "Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Detached accessory dwelling units: Detached accessory dwelling units must be located in a rear yard. Detached accessory dwelling units must be at least 50 feet from any side lot line, and at least 35 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 15% of any required rear yard. [Revise this provision to account for ADUs?] Accessory buildings (except for accessory dwelling units and garages) shall be not less than three feet from any side or rear lot line. Any accessory building, other than an accessory dwelling unit or a garage, on a corner lot shall be not less than five feet from the rear lot line." Section 19. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-66 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 20. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-68 titled"Permitted accessory buildings and uses"is amended by adding a new Subsection L reading as follows: "L. A detached (stand-alone) accessory dwelling unit,provided that: 5 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." [Amend §270-68.C? It allows the following: "Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet."] Section 21. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-69 titled"Accessory buildings and uses authorized by special approval only"is amended by deleting Subsections A and B in their entirety, and re-lettering Subsection C as Subsection A. [Verify the subsection allowing second dwelling units pursuant to specific requirements is no longer needed.] Section 22. Chapter 270 (Zoning), Article IX(Medium Density Residential Zones) of the Town of Ithaca Code, §270-70 titled"Height limitations"is amended by deleting the third sentence and replacing it with the following: "Detached accessory dwelling units shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 23. Chapter 270 (Zoning), Article IX(Medium Density Residential Zones) of the Town of Ithaca Code, §270-71 titled"Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Detached accessory dwelling units: Detached accessory dwelling units must be located in a rear yard. Detached accessory dwelling units must be at least 30 feet from any side lot line, and at least 15 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 40% of any required rear yard. [Revise this provision to account for ADUs?] Accessory buildings (except for accessory dwelling units and garages) shall be not less than three feet from any side or rear lot line. Any accessory building, other than an accessory dwelling unit or a garage, on a corner lot shall be not less than five feet from the rear lot line." Section 24. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-77 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: 6 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 25. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-79 titled "Permitted accessory buildings and uses"is amended by adding a new Subsection J reading as follows: "J. A detached (stand-alone) accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." [Amend §270-79.C? It allows the following: "Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet."] Section 26. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-80 titled "Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 27. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-81 titled "Height limitations"is amended by deleting the third sentence and replacing it with the following: "Detached accessory dwelling units shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 28. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-82 titled "Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Detached accessory dwelling units: Detached accessory dwelling units must be located in a rear yard. Detached accessory dwelling units must be at least 20 feet from any side lot line, and at least 15 feet from a rear lot line. 7 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 40% of any required rear yard. [Revise this provision to account for ADUs?] Accessory buildings (except for accessory dwelling units and garages) shall be not less than three feet from any side or rear lot line. Any accessory building, other than an accessory dwelling unit or a garage, on a corner lot shall be not less than five feet from the rear lot line." [Revise §270-216 (Elder cottages) so its provisions apply only to those existing (or for which building permit applications have been filed) as of this law's effective date?] Section 29. Chapter 270 (Zoning), Article XXVI(Special Regulations) of the Town of Ithaca Code, is amended by adding §270-219.6 reading as follows: "270-219.6 Accessory dwelling units. A. Purpose and intent. It is the specific purpose and intent of this section to allow accessory dwelling units in Conservation, Agricultural and residential zones (as set forth elsewhere in this chapter) to provide the opportunity for the development of small rental housing units designed, in particular, to meet the housing needs of persons of low and moderate income, and of relatives of families residing in the Town of Ithaca. Furthermore, it is the purpose and intent of this section to allow for efficient use of the Town's existing stock of dwellings in economic support of resident families and to protect and preserve property values while preserving the character and quality of life in the Town of Ithaca's residential neighborhoods. To help achieve these and other goals consistent with the Town of Ithaca Comprehensive Plan, specific requirements are hereby set forth for accessory dwelling units and their related uses. These requirements are in addition to any other requirements for accessory dwelling units set forth elsewhere in this chapter. B. Requirements applicable to all accessory dwelling units. (1) Floor area. The floor area of the accessory dwelling unit may not exceed 800 square feet or 70% of the floor area of the principal dwelling unit, whichever is less. (2) Operating permit. Beginning on , [specify date] accessory dwelling unit owners must obtain and maintain, at all times during which an accessory dwelling unit is rented, a valid operating permit for the accessory dwelling unit. The Town of Ithaca Code Enforcement Department shall consider applications for and issue operating permits in accordance with Town of Ithaca Code Chapter (Residential Rental Units) and Chapter 125 (Building Construction and Fire Prevention). (3) Owner occupancy. 8 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING (a) There is no owner occupancy requirement for properties in the High Density Residential Zone, or for properties that contain accessory dwelling units that are legally recognized as of [specify date]. For the purposes of this subsection, legally recognized means the accessory dwelling unit is shown in the records of the Town of Ithaca Code Enforcement Department or the Tompkins County Assessment Department. (b) For all other properties, one of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the property owners, except as provided below. No other owner(s) shall own a larger percentage, collectively or individually, than the owner-occupant(s), who must reside in the dwelling unit for a minimum of 185 days per year. Once every five years, the owner occupancy requirement shall not apply for up to twelve consecutive months. An operating permit is required for the dwelling unit vacated by the owner during the period that the dwelling unit is rented. (4) Reversion to classification without accessory dwelling unit. To establish that a property that contained an accessory dwelling unit no longer contains such unit, the following procedures shall be followed: (a) Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom shall be removed from the area under consideration so complete living facilities for one family no longer exist. (b) The owner of the property shall sign an affidavit and certification, in a form satisfactory to the Code Enforcement Officer, to the effect that: (i) the facilities referred to above have been removed; (ii) said facilities will not be reinstalled without a building permit or other approval from the Code Enforcement Department; and (iii) the area from which the facilities were removed will not be used as a separate dwelling unit until the Code Enforcement Department is notified and any required approvals,permits or other certificates, including a certificate of occupancy, are obtained. (c) Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County Clerk's Office and indexed against the property and the name of the then-owner of the property. (d) A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection. 9 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING (e) The Code Enforcement Officer shall have the discretion to deviate in whole or in part from the procedure set forth above in those circumstances where the Officer is satisfied that compliance may be assured in some other manner. C. Additional requirements applicable to detached (stand-alone) accessory dwelling units. (1) The building containing the principal dwelling unit may not contain more than one dwelling unit, and no other accessory dwelling units may be located on the lot, (2) If the street-facing facade of the accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings, and (3) The minimum required roof pitch of the accessory dwelling unit is 4:12." Section 30. Chapter 270 (Zoning), Article XXVII (General Provisions) of the Town of Ithaca Code, is amended by deleting the text of§270-220 titled "Building floor area" and replacing it with the following: "No dwelling in any zone shall be erected or altered so as to provide for less than 300 square feet of net enclosed floor area." Section 31. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 32. This local law shall take effect immediately upon its filing with the New York Secretary of State. 10 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW ADDING A RESIDENTIAL RENTAL UNITS CHAPTER TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter , titled "Residential Rental Units,"reading as follows: "Chapter Residential Rental Units § -1. Operating permit required. A. Throughout the term of occupancy, all residential rental dwelling units shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §§125-8 and 125-9. Before the expiration of the operating permit, it shall be the responsibility of the owner of the rental unit(s) to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new permit. B. The Code Enforcement Department shall issue an operating permit upon verification by inspection that no violations of any applicable codes, laws or ordinances exist. C. An operating permit shall not be issued for any residential rental unit located on a property for which there is an outstanding violation of Town of Ithaca Code Chapter 205 (Property Maintenance.) D. Failure of an owner of any residential rental unit to obtain and maintain a valid operating permit throughout the period of occupancy shall be deemed a violation of this chapter, and a Code Enforcement Officer may order that such rental unit(s)be vacated thirty (30) days after notice of violation, unless the property is brought into compliance within thirty (30) days. If a violation persists thirty (30) days after notification, and the property is ordered vacated, the property must be kept vacated until it is brought into compliance. E. Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an Order to Remedy, the property owner shall have 30 days to comply with applicable occupancy limits. F. Broker's responsibility. It shall be unlawful and a violation of this chapter for any real estate broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current operating permit is required and has not 1 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING been issued by the Code Enforcement Department. It shall be the broker or agent's duty to verify the existence of a valid permit before acting on behalf of the owner. Notwithstanding the foregoing, first-time rentals may be marketed by the broker or agent for an initial 30-day period while a permit application is pending, but in no instance may a first-time residential rental unit be occupied prior to the owner's receipt of an operating permit. G. Termination of operating permit due to death or transfer of title. An application for a new operating permit shall be required within thirty (30) days after the death of the permit holder, or survivor [clarify intent of word"survivor"], upon the transfer of title to the premises, or, if owner-occupancy is required under the provisions of Town of Ithaca Code §270-219.6, upon the permit holder no longer occupying the premises as his or her principal residence. [Clarify intent of this last provision] Notwithstanding the foregoing, a property shall not be subject to inspection if it has passed inspection within the past sixty (60) days. [Is the operating permit automatically terminated upon death or title transfer? Or does it continue for 30 days (and until the new permit is granted, if timely applied for?] § -2. Rental property information. Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the permit application, information related to the rental property sufficient enough to allow for enforcement of this chapter. § -3. Penalties for offenses. A. Any person, association, firm or corporation found by a court to have violated any provision of this chapter or to have assisted in the violation of any provision of this chapter shall be guilty of a misdemeanor,punishable: (1) By a fine of$350 or by imprisonment for a period not to exceed 6 months, or both, for conviction of a first offense. (2) By a fine of$700 or by imprisonment for a period not to exceed 6 months, or both, for conviction of the second of two offenses, both of which were committed within a period of five years. (3) By a fine of$1000 or by imprisonment for a period of one to 6 months, or both, for conviction of the third of three offenses, each of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. 2 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING § 4. Non-disclosure of personal information. Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law), §87(2)(b),personal information identifying tenants may be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions, but the identities may be exempt from disclosure under the Freedom of Information Law. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 3 WORKING DRAFT FOR DISCUSSION AT 09/11/17 TOWN BOARD MEETING TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 125 TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION", TO REQUIRE OPERATING PERMITS AND INSPECTIONS FOR RESIDENTIAL RENTAL UNITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-8 titled "Operating permits"is amended by adding a new subsection A(11) reading as follows: "(11) After residential rental units." [Need to build in time after this law becomes effective for owners to apply for and receive operating permits. Otherwise, rental unit occupancy would be illegal on the first day the law is effective.] Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-9 titled "Firesafety and property maintenance inspections"is amended by adding the words "residential rental units"before the words "multiple dwellings"in the first sentence, so that the first sentence reads as follows: "The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all residential rental units, multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number of sleeping accommodations." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect on [Specify date] 1 Item 10b MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB RESOLUTION NO. 2017- : BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Christopher Circle Water Main Replacement Water Improvement Area Improvements,in the Town of Ithaca, Tompkins County,New York,pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca,Tompkins County,New York, held at the Town Hall, 215 North Tioga Street,in Ithaca,New York,in said Town, on the 1 lth day of September, 2017, at 5:30 o'clock P.M.,Prevailing Time. The meeting was called to order by and upon roll being called, there were PRESENT: Supervisor Bill Goodman Councilperson Rich DePaolo Councilperson Pamela Bleiwas Councilperson Rod Howe Councilperson Tee-Ann Hunter Councilperson Patricia Leary �Councilperson Eric Levine ABSENT, None Moved by seconded by A RESOLUTION AUTHORIZING AN ADDITIONAL $97,319 IN SERIAL BONDS TO BE ISSUED BY THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA CHRISTOPHER CIRCLE WATER MAIN REPLACEMENT WATER IMPROVEMENT AREA,IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK WHEREAS,pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law,and more particularly a resolution dated February 8, 2016, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Christopher Circle Water Main Replacement Water Improvement Area (the "Area") and to make certain improvements therefore at a maximum estimated cost of$325,000; and WHEREAS,said improvements have been determined to be a Type Il Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, 1 Item 10b 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, said Town Board did adopt a resolution dated April 11,2016,determining that the plan for the financing of said Improvements was by the issuance of the$325,000 serial bonds of said Town authorized to be issued therefore pursuant to the bond resolution; and WHEREAS,due to construction scheduling issues,the Improvement was not constructed in 2016, and the Town of Ithaca must re-advertise for construction bids,with construction anticipated to take place in 2017; and WHEREAS,because of anticipated increased construction costs in 2017,the Town Engineer prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $325,000 to $422,319; and WHEREAS, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and WHEREAS,pursuant to the proceedings heretofore duly had and taken in,accordance with the provisions of Article 12=C of the Town Law,and more particularly a resolution dated November 7, 2016, said Town Board has determined it to be in the public interest to increase the maximum estimated cost of the Improvement by $97,319;and WHEREAS,it is now desired to provide for the increased funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Christopher Circle Water Main Replacement Water Improvement Area consisting of the replacement of approximately 1,300 L.F. of existing 8"water main with a new 8"water main in the same alignment on Christopher Circle from the west side of the intersection of Christopher Circle/Christopher Lane to approximately 120 feet east of the east side of the intersection of Christopher Circle/Christopher Lane, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $97,319 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum cost of said specific object or purpose is $422,319, with the plan for the financing of said specific object or purpose is by the issuance of the $325,000 serial bonds of said Town authorized to be issued pursuant to a bond resolution dated April 11,2016,and the issuance of an additional$97,319 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. 2 Item 10b Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years,pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca,Tompkins County,New York,are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Christopher Circle Water Main Replacement Water Improvement Area 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 said bonds as the same become due,but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law,the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized,including renewals of such notes,is hereby delegated to the Supervisor,the chief fiseal officer. Such notes shall be of such terms, form and contents,and shall be sold in such manner,as may be.prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale,conducting the sale and awarding the bunds, are hereby delegated to the Supervisor,who shall advertise such bonds for sale,, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York Stag Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers,he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters,except as provided herein relating to such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations,maturities and interest payment dates,place or places of payment,and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent,and accordingly,pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and 3 Item 10b shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application,a project financing and/or loan agreement,and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof,in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof,or aportion thereof,by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms,form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements,instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose,for"which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution,no monies are, or are reasonably expected to be,reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 4 Item 10b VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKIN ) SS: TOWN OF ITHACA: I, Paulette Rosa Town Clerk of the Town of Ithaca, New York, do hereby certify that the above,resolution is an exact copy of the same adopted by the Town Board of the Town ofItl aca at a Meeting on the 11th day of September,2Q17. Paulette Rosa, Town Clerk 5 Item 10a MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB RESOLUTION NO. 2017- : BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement Area Improvements,in the Town of Ithaca, Tompkins County,New York,pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca,Tompkins County,New York, held at the Town Hall, 215 North Tioga Street,in Ithaca,New York,in said Town, on the 1 lth day of September, 2017, at 5:30 o'clock P.M.,Prevailing Time. The meeting was called to order by and upon roll being called, there were PRESENT: Supervisor Bill Goodman Councilperson Rich DePaolo Councilperson Pamela Bleiwas Councilperson Rod Howe Councilperson Tee-Ann Hunter Councilperson Patricia Leary �Councilperson Eric Levine ABSENT, None Moved by seconded by A RESOLUTION AUTHORIZING AN ADDITIONAL $154,598 IN SERIAL BONDS TO BE ISSUED BY THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA SAPSUCKER WOODS ROAD WATER MAIN REPLACEMENT WATER IMPROVEMENT AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK WHEREAS,pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law,and more particularly a resolution dated February 8, 2016, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement Area (the "Area") and to make certain improvements (the "Improvement") therefore at a maximum estimated cost of $425,000; and WHEREAS,said improvements have been determined to be a Type Il Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, 1 Item 10a 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, said Town Board did adopt a resolution dated April 11,2016,determining that the plan for the financing of said Improvements was by the issuance of the$425,000 serial bonds of said Town authorized to be issued therefore pursuant to the bond resolution; and WHEREAS,due to construction scheduling issues,the Improvement was not constructed in 2016, and the Town of Ithaca must re-advertise for construction bids,with construction anticipated to take place in 2017; and WHEREAS,because of anticipated increased construction costs in 2017,the Town Engineer prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $425,000 to $579,598; and WHEREAS, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and WHEREAS,pursuant to the proceedings heretofore duly had and taken in,accordance with the provisions of Article 12=C of the Town Law,and more particularly a resolution dated November 7, 2016, said Town Board has determined it to be in the public interest to increase the maximum estimated cost of the Improvement by $154,598, and WHEREAS,it is now desired to provide for the increased funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the Town of Ithaca Sapsucker Woods Road Water Main Replacement Water Improvement Area consisting of the replacement of approximately 2,400 LF of an existing 8"water main with a new 8"water main in the same alignment located on Sapsucker Woods Road,beginning at the intersection of Sapsucker Woods Road/Hanshaw Road and ending approximately 500 feet north of the intersection of Sapsucker Woods Road and Sanctuary Drive, together with related ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, furnishings, incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional$154,598 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum cost of said specific object or purpose is $579,598, with the plan for the financing of said specific object or purpose is by the issuance of the $425,000 serial bonds of said Town authorized to be issued pursuant to a bond resolution dated April 11, 2016, and the issuance of an additional $154,598 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. 2 Item 10a Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years,pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca,Tompkins County,New York,are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Sapsucker Woods Road Water Main Water Improvement Area 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 said bonds as the same become due,but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law,the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized,including renewals of such notes,is hereby delegated to the Supervisor,the chief fiscal officer. Such notes shall be of such terms, form and contents,and shall be,sold in such manner,as may be prescribed by said Supervisor,consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale,conducting the sale and awarding the bunds, are hereby delegated to the Supervisor,who shall advertise such bonds for sale,, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers,he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters,except as provided herein relating to such bonds,including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations,maturities and interest payment dates,place or places of payment,and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent,and accordingly,pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and 3 Item 10a shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application,a project financing and/or loan agreement,and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof,in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof,or aportion thereof,by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms,form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements,instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board, Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose,for"which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution,no monies are, or are reasonably expected to be,reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 4 Item 10a VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKIN ) SS: TOWN OF ITHACA: I, Paulette Rosa Town Clerk of the Town of Ithaca, New York, do hereby certify, that the above resolution is an exalt copy of the same adopted by the Town Board of the Town ofIthaca at a Meeting on the I Ith day of September,2017. Paulette Rosa, Town Clerk 5 Item 11 Town of Ithaca Department of Public Works To: Ithaca Town Board From: James Weber, Highway Superintendent/Director of Public Works Re: Inventory of Highway Machinery and Equipment Date: September 11, 2017 As Part of the 2018 Budget request, I am proposing the following vehicle replacement and new equipment: • Pickup Truck w/Plow (466) $45,000 Highway/W/S/Park • GMC Leaf Packer Truck(461) $150,000 Highway/Park • Ingersol Rand Roller(439) $155,000 Highway/W/S/Park • Diesel Mower(444) $17,000 Park/Stormwater/W/S • Ford One Ton Dump Truck(#18) $65,000 Highway/Park/W/S/Storm • Jeep Liberty (426) $32,000 Codes • Jeep Cherokee(464) $40,000 Highway • New 10 Wheel Dump Truck's:,,': $250,000 Highway/W/S/Park As Part of the 2018 Budget request, I have identified the following costs for vehicle and equipment maintenance: This represents a level budget compared to FY 2017 • Highway/Machinery $100,000 • Parks $20,000 • Water $10,000 • Sewer $15,000 • Engineering $2,500 $147,500 Town of Ithaca Department of Public Works To: Town of Ithaca Budget Committee From: James Weber, Director of Public Works Date: May 1, 2017 Re: Reserve/Spare 10 Wheel Plow Truck With the evolution of the of emission standards and computer intergraded operations, our fleet has experienced multiple events every year where one or two of our 10 Wheel Plow/Dump trucks have been out of operation while malfunctions are being diagnosed and the system cleared. This is especially critical during the winter months when snow removal operations are undertaken. Currently a 10 wheel plow truck can make one pass around a route, approx. 4 hrs, without having to return to the Public Works facility to refill with salt. When a 10 wheel plow truck is out of operation, it takes two smaller trucks to complete one pass around the route. This is significantly less efficient and effective in that the smaller trucks cannot clear the snow away from the travel lanes, they need to return to the PW facility to reload salt more often and takes staff and equipment away from other maintenance needs. This past winter we had two 10 wheel plow trucks down for repairs at the same time and were in the midst of a sizeable plowing event and staff was pushed to its limits to keep up with the smaller equipment To insure that Town staff can maintain the roads at the level expected by our customers, I am asking for consideration to increase the 10 wheel fleet by one vehicle. This can be accomplished by keeping truck 413, which is a pre-emissions standards computer controlled vehicle. This vehicle will then be kept for emergency situations or when there is a need for hauling to assist in roadway projects, but will not be used as an everyday vehicle. With this proposal there will not be any impacts/changes to the current proposed expenditures identified within the Fleet Replacement program which includes replacing a 10 Wheel Plow Truck in 2018. With this proposal there are no plans to increase the number of plow routes, currently there are 5, but should the situations change there would be that opportunity in the future to utilize this vehicle. This item was discussed at the Public Works Committee and there were not any significant concerns with this request. Should you have any questions or concerns, I will make myself available to address them. Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Authorization for the Supervisor to sign a renewal contract with the Tompkins County Animal Control (TCAC) for dog control services Resolved that the Ithaca Town Board authorizes the Town Supervisor to sign a three-year renewal contract with TCAC with no increase from the previous contract for dog control services. Moved: Seconded: Vote: Ayes — Item 13 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017 - : Establishing a Deer Management Plan review Committee 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 people have agreed to serve on said Committee: Town Board members Bill Goodman, Pamela Bleiwas and Eric Levine; Conservation Board member ; Agricultural Committee member Lisa Ferguson, and Village,of Cayuga Heights resident Linda Woodard Now therefore be it Resolved that the Ithaca Town Board establishes the Deer Management Plan review Committee as statedabove,- Moved: Seconded: Vote: Ayes Item 15 MEETING OF THE ITHACA TOWN BOARD Monday, September 11, 2017 TB Resolution 2017- : 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. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of two Motor Equipment Operators —Public Works e. Ratify appointment of Distribution Operator—Bolton Point f. Permanent Appointment of Senior Code Officer Moved: Seconded: Vote:, Ayes , TB Resolution 2017- a: 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 tO,24, and 31, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2417 - b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1154 - 1207 General Fund Townwide 29,210.82 General Fund Part-Town 15,033.80 Highway Fund Part-Town 112,040.28 Water Fund 525,764.20 Sewer Fund 297,457.58 Forest Home Lighting District 35.15 Glenside Lighting District 10.52 Renwick Heights Lighting District 18.16 Eastwood Commons Lighting District 24.56 Clover Lane Lighting District 3.25 Winner's Circle Lighting District 4.91 Item 15 Burleigh Drive Lighting District 11.46 West Haven Road Lighting District 45.42 Coddington Road Lighting District 26.43 TOTAL 959,686.54 TB Resolution 2017 — e: Ratify Provisional Appointment of Distribution Operator - SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission has a vacancy in the Distribution Operator position in the Distribution Department; and Whereas, Jacob Colbert was appointed as a Distribution Operator Assistant August 6, 2017 and has since obtained the D Certification required of a Distribution Operator position; Whereas, the Commission on September 7, 2017, provisionally appointed Jacob Colbert to the Distribution Operator position; now, therefore, be it Resolved,that the Town of Ithaca does hereby ratify the Commission's appointment of Jacob Colbert to the position of Distribution Operator in'the provisional status, effective August 20, 2017 at the hourly rate of$22.53 with no change in benefits; and be it further Resolved, the candidate must 'take and be a reachable candidate from the next civil service exam for the position. TB Resolution 2417— f: Permanent Appointment of Senior Code Enforcement Officer Whereas,Martin Moseley was provisionally appointed as a Senior Code Enforcement Officer, effective March 6,2017 pending the next civil service exam; and Whereas, on September civil service determined that Martin Moseley was eligible for a lateral transfer from the Zoning/Code/Fire Enforcement Officer title to the Senior Code Enforcement Officer title without the need for further exam; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby approve the permanent appointment of Martin Moseley as Senior Code Enforcement Officer, effective September 5, 2017; and be it further Resolved, a mandatory twenty-six (26)week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Code Enforcement.