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HomeMy WebLinkAboutTB Minutes 2020-01-13ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 13, 2020 AGENDA Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Acknowledge appointment of Deputy Supervisor — William Goodman 4. Public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 a. Consider approval 5. Public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Road Water Main Replacement Water Improvement from $875,000 to $950,000 a. Consider approval 6. Discuss and consider re/appointment of: a. Town Clerk — Paulette Rosa b. Highway Superintendent — James Weber c. Town Engineer — Daniel Thaete d. Receiver of Taxes — Deborah Kelley e. Deputy Receiver of Taxes — Donna Shaw f. Marriage Officers — William Goodman, Rod Howe and Paulette Rosa 7. Discuss and consider approval of Town Board Meeting Schedule for 2020 8. Acknowledge Supervisor's Town Board Committee Appointments and consider Town Board Appointments for Citizen Advisory Committees and Intermunicipal Organizations 9. Discuss and consider 2020 Association of Towns' Resolutions and consider designation of 2020 Official Delegate and Alternate Delegate for the New York State Association of Towns 2020 Annual Meeting 10. Discuss and consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town 11. Discuss and consider approval of the Highway Expenditures Agreement 12. Discuss and consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval 13. Discuss and consider annual approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual 14. Discuss and consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for its parks 15. Discuss and consider a budget amendment related to the Joint Youth Commission 16. Discuss and consider a resolution supporting an increase in Town contribution for construction for the Gate Way Trail Project PIN 375425 17. Discuss and consider authorizing an agreement for early voting at Town Hall for 2020-2024 18. Discuss and consider proclamation for African American History Month in February and flying the Pan-American flag 19. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Account 20. Report of Town Officials, Committees and review of Correspondence 21. Consider adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly publishes [I ADVERTISEMENT/NOTICE 11 NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL El NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER PH Notice — IAWWTP PIO Increase Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Town website at www, town. ithacLn Date of Posting: web — 01-02-2020 Date oftgblication: January 2, 2020 N tv,,wn Clerk 9 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sw Tand subscribed before me this Zj day of714 Wll? jv 2020. Notary Public PAULETTE ROSA OTARY PUBLIC, STKrE OF NEW YORK Registration No. 0 1 R06156809 Qualified in Toinpkins nt My Commission Expires: TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca arid the notice has been duly published in the official newspaper, Ithaca Journal: 0 ADVERTISEMENT/NOTICE 0 NOTICE OF PUBLIC HEARINGS 11 NOTICE OF ESTOPPEL 11 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER PH Notice — Winston-Salem Drive Water Improvement Project PIO Increase Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Town website at w ww. town. i thaca. ny..-U.S of Posting: web — 01-02-2020 of January 2, 2020 Town STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) su Sworn , d bscribed before me this day 0 _�1 of 0 111�l 1,/ 2020. Notary Public PAULE NOTARY PUBLIC S'f -W YORK Registration No. 0 1 k0n Qualified inTompki s 0z1L, TO R esol , U ti*" 2019 — "67" Ord" Se"'Irige Publtic *40=."M Rega,rdin an tocrassio I mum Ar0ou"t to ponded plot the Town "IMMIT"Wiriston-salom Water M, -000 to 'in Replacement Water improvement from $875 $950,000 1 Present: Bill Goodman, Supervlscar; counc,it Members pot Leary, Eric Levine, Rict, 0,ePaolo, Tee -Ann Hunter Red Howe and Patuela 8101w0s Moved: Slit Goodman Seconded. Rod Howe vVhereas, on April 8, z019, the Ithaca Town Board hold a public hearing and subsequently adopted a Public inter- est order au, thonzing the Winstorr-Salern Water Main Racement Water Improvement (the "Improvement") anal the establishment of the Winston-Salem Water Main water improvement Area ('Water Id mprove- ment Area"), through TO Resolution 2019-055; an Whereas, the notice of public hearing stated that the ini- tially determined maximurn estimated cost to said Water improvement Area was $875,000, and the adopted Public Interest order stated that the maximun, amount pro- posed to be expended by the Town of Ithaca for the trn- provement is $875,000,'nand Whereas, because of anticipated increased construction costs in 2020, the Town Engineer has Prepared a new as- tirnate, of cost in a memo that amends the reap, plan and report for the Improvement by increasing the maximum estirnated cost to the Water' Improvement Area from $875,0()o to $950,000; and Whereas, no other changes are proposed to any aspect of the improvement or Water improvement Area; and whereas,, it is now desired to call a public hearing fair the purpose of considerin? the Increase in the maximum amount to be expenc ad by the Town of Ithaca from $875,000 to $950,000, and to hear, all per -sons interested in the subject thereof concerning the same, all in accord- ance with the provisions of Section 209-q of the Town Law; Now, therefore, it Is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows. Section 1. A public hearing shall be field by the Town Board of the Town of Ithaca, Tompkins County, New York, at: the Towl'i Hail,,215 North T17a Street, in a" ith, 'a f J6 2 New York, in said Town, on the 13th ay oanuag020 at 5.3o o'clock P.W, Prevailing Time, to consi or the aforesaid increase In the maxilrure amount to be expend- ed d- ed by the Town of Ithaca OrI the lynprovement, and hear all persons Interested in the subject thereof concern- Ing the same and to take such action thereor, as is re- quired by law. Section 2. The Town Clerk Is horebr authorized and di- rected to publish a Notice of Pubic Hearing regarding the aforesaid increase in the maximum amount to be ex- pended, with such Notice to be published once in the of - facial newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor rnore than twenty (20), days before the day designated for the hearin s aforesaid, all in accord- arrce with the provisions of section 209-q of the 'Town Law, section 3.This order shall take effect imrnediately, The question of the adoption of the foregoio ,g Order was duly put to a veto on roll call, which resZilte as follows; Bill Goodroan, R aye; Pat Leary, aye; Eric Levine, aye,, , lch DePaolo, ge; Tee -Ann Hunter, aye; Rod Howe, aye, and Parnela Ste W. s, aye. The Order was thereupon declared duly adopted, Paulette Rosa Janua 2,2020 1/2/207,(0 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I any the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Jourizal: 0 ADVERTISEMENT/NOTICE 0 NOTICE OF PUBLIC HEARINGS El NOTICE OF ESTOPPEL 11 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER PH Notice — IAWWTP PIO Increase Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Town website at www.town.it1.iaca.ny.US Date of Posting: web — 01-02-2020 Date, (-)f)V4b1icajion: January 2, 2020 asnun t, UrO 0 1 )ef 'o n Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sw'� and subscribed before e this --62day of 7-, - C � mt/yQtP" ( " / 2020. NotarVPublic TE ROSA rr OF NEW YORK NMARY 0 Registraukm �R06156909 Qualifiedin 101TIJAik", A ty My Conunission Expires: I I'd TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: 0 ADVERTISEMENT/NOTICE 11 NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL 0 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER PH Notice — Winston-Salem Drive Water Improvement Prqject PIO Increase Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 ]'own website at www,town.ithLca.n us y Date of Posting: web — 0 1 -02-2020 Date of Publication: January 2, 2020 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swi7gantd,.scribed before me this day of., 2020. C Notary Public Qualified in Tom TS Resolution 2019 — 187- Order SOW" a PlAbliC "00,0614 Regarding an increase, in the MaxImum Amount to be Ex- =cIed or the Town of Ithaca Winston-Salem Water' " Replacement Water Improvement from $875,000 to $950,000 Present. Bill Goodman, Supervisor; courrcil Members Pat Leary, Eric Levine, Rich Depaolo, Tee -Ann Hcjnter, Rod Howe and Parnela Blelwas Moved,, Bill Goodman Seconded. Rod Howe Whereas, on April 8, 2019, the Ithaca Town Board held a public hearing and subsequently adopted as Public Inter- est. Order authorizing the Winston-Salem Water Main Replacement Water, Improvernent (the "Improvement") art the establishment of the Winston-Salem Water Main Replacement Water Improvement Area ("Water Irnprove-, meat Area"), through To Resolution 2019-055; and Whereas, the notice of public hearingstated that the Ini- tially determined rnaximurn estimated cost. to said Water Improvement Area was $875,0M and the adopted Public interest Order stated that 'the maximum amount pro- posed to be expended by the Town of Ithaca for the Im- provement is $875,000; and Whereas, because of anticipated increased construction costs in 2020, the Town Enpineer has prepared a new es- tinrcite of cost in a memo t iat amends the map, plan and report for the Improvement by Increasing the maxinnum estimated cost to the Water, Improvement Area from $875,000to $950,000; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, it is now desired to call a public hearing for the purpose of considering the increase in the maximum expended to be expeled by the Town of Ithaca from $875,000 to $950,000, and to hear all persons interested in the subject thereof concerning the same, all in accord- ance wktj� the Provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows" Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, In Ithaca, New York, In said Town, on the 13th day of January,2,020 at 5*30 o'clock P.M., Prevailing Time, to consider r the aforesaid Increase in the maximum amount to be expend- ed by the Town of Ithaca on the Improvement, and to hear all persons Interested In the subject thereof concern- Ing the sarne and to take such action thereon as is re- q6lred by law, Section 2. The Town Clerk Is he authorized and di- rected to publish a Notice of P= Hearing reqw,dinq the aforesaid increase in the maximum amount to be ex - pa n with suds N'at ic e to Pb'ished * nc In t"' e ofe' !'ia1ne 'p-P. and "otoPosta copy theceOfon th Mown signboardmeintained ythTown ierk, "at Tess than to (10 nor morelaysbefore the .ydos19t-dfor the h a'itasa-res.Id, all in acc.rc grace"h the Pr.v.,ions1ect1. n 209q.fita Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foreSIOIn Order was duly put to a vote on roll tali, which resulted as follows,• Bill Goodman, aye; Pat Leary, aye; Eric Levine, aye; Rich DePaolo, aye; Tee -Ann Hunter, aye; Rod Howe, aye and Pamela Blelwas, aye. The Order was thereupon declared duly adopted, Paulette Rosa January 2, 2020 112/2020 000966044W ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 13, 2020 Minutes Board Members Present: Rod Howe, Supervisor; Members Pamela Bleiwas, Rich DePaolo, Bill Goodman, Tee -Ann Hunter, Pat Leary and Eric Levine Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Mosely, Director of Code Enforcement; Susan Ritter, Director of Planning; Jasmin Cubero, Deputy Town Clerk; Mike Solvig, Director of Finance; Dan Thaete, Director of Engineering and Jim Weber, Highway Superintendent 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard — No one present 3. Acknowledge appointment of Deputy Supervisor — William Goodman Mr. Howe acknowledged the appointment and Mr. Goodman stated that his hours would be Tuesday and Thursday afternoons and all -day Wednesdays. 4. Public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272to $4,540,818 Mr. Howe explained that the bid came in over budget and this is needed to move forward. Mr. Howe opened the public hearing at 5:34 p.m.; there was no one present, and the hearing was closed. TB Resolution 2020 - 001: Order Increasing the Maximum Amount to be Expended for the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility from $2,939,272 to $4,540,818 Present: Rod Howe, Supervisor; Members Bill Goodman, Tee -Ann Hunter, Pamela Bleiwas, Rich DePaolo, Eric Levine and Pat Leary Moved: Bill Goodman Seconded: Tee -Ann Hunter Whereas, on December 10, 2018 the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Town of Ithaca Grit Removal and Plant Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement") and the establishment of the Town of Ithaca Grit Removal and Plant TB 2020-01-13 Pg. 1 Improvements Sewer Improvement Area ("Sewer Improvement Area"), through TB Resolution 2018-150; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Sewer Improvement Area was $2,939,272 (Town of Ithaca portion), and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $2,939,272; and Whereas, bids were received and opened on November 26, 2019, which were considerably higher than the estimates for same from the Engineers; and Whereas, Ithaca Area Wastewater Treatment Facility Staff, in conjunction with the Facility's Consulting Engineers, concluded that the bids received were responsive and reflective of today's reality, and Whereas, the Facility staff and Consultant Consulting Engineers have 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 by $3,917,675 (from $7,190,000 to $11,107,675), which results in the maximum estimated cost to the Sewer Improvement Area (Town of Ithaca portion) increasing from $2,939,272 to $4,540,818, with the $2,316,129 balance of the increased costs apportioned and allocated to the City of Ithaca and Town of Dryden, all pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden; and Whereas, no other changes are proposed to any aspect of the Improvement or Sewer Improvement Area; and Whereas, after said memo amending the plan, report and map to increase the estimate of cost was filed in the office of the Town Clerk, the said Town Board did, on December 30, 2019, duly adopt an Order describing the increase in the maximum amount to be expended by the Town of Ithaca for the Improvement, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 13t' day of January, 2020 at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to increase the maximum amount to be expended, and to hear all persons interested in the subject thereof concerning the same; and Whereas, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and Whereas, the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement based on the evidence offered at such time and place; Now, Therefore, Be It Resolved, by the Town Board that it be and hereby is determined as follows: TB 2020-01-13 Pg. 2 (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) It is in the public interest to authorize the increase in the maximum proposed to be expended on the Improvement as hereinafter described; and be it Further Resolved, that the Town Board does hereby authorize the increase in the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, from $2,939,272 to $4,540,818 (Town of Ithaca's portion), with the $2,316,129 balance of the increased costs apportioned and allocated to the City of Ithaca and Town of Dryden, all pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden; and be it Further Resolved, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q; and be it Further Resolved, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one -tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement; and be it Further Resolved, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Bill Goodman, aye; Tee -Ann Hunter, aye; Pamela Bleiwas, aye; Rich DePaolo, aye; Eric Levine, aye and Pat Leary, aye. The Order was thereupon declared duly adopted. 5. Public hearing regarding a public interest order Increasing the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Road Water Main Replacement Water Improvement from $875,000 to $950,000 Mr. Howe opened the public hearing at 5:35 p.m.; there was no one present and the hearing was closed. Mr. Howe noted that this was discussed at the end of year meeting and Mr. Thaete added that there is a lot of work out on the streets and he does not expect the price to come down. The bids are due next Tuesday. TB 2020-01-13 Pg. 3 TB Resolution 2020 - 002: Order Increasing the Maximum Amount to be Expended for the Town of Ithaca Winston-Salem Road Water Main Replacement Water Improvement from $875,000 to $950,000 Present: Rod Howe, Supervisor; Members Bill Goodman, Tee -Ann Hunter, Pamela Bleiwas, Rich DePaolo, Eric Levine and Pat Leary Moved: Bill Goodman Seconded: Pamela Bleiwas Whereas, on April 8, 2019, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Winston-Salem Water Main Replacement Water Improvement (the "Improvement") and the establishment of the Winston-Salem Water Main Replacement Water Improvement Area ("Water Improvement Area"), through TB Resolution 2019-055; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $875,000, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $875,000; and Whereas, because of anticipated increased construction costs in 2020, the Town Engineer has 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 $875,000 to $950,000; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, after said memo amending the plan, report and map to increase the estimate of cost was filed in the office of the Town Clerk, the said Town Board did, on December 30, 2019, duly adopt an Order describing the increase in the maximum amount to be expended by the Town of Ithaca for the Improvement, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 13t' day of January, 2020 at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to increase the maximum amount to be expended, and to hear all persons interested in the subject thereof concerning the same; and Whereas, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and Whereas, the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement based on the evidence offered at such time and place; TB 2020-01-13 Pg. 4 Now, Therefore, Be It Resolved, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) It is in the public interest to authorize the increase in the maximum proposed to be expended on the Improvement as hereinafter described; and be it Further Resolved, that the Town Board does hereby authorize the increase in the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, from $875,000 to $950,000; and be it Further Resolved, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q; and be it Further Resolved, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one -tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement; and be it Further Resolved, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Bill Goodman, aye; Tee -Ann Hunter, aye; Pamela Bleiwas, aye; Rich DePaolo, aye; Eric Levine, aye and Pat Leary, aye. The Order was thereupon declared duly adopted. 6. Discuss and consider re/appointment of Town Officials TB Resolution 2020 - 003: Reappointment of Paulette Rosa as Town Clerk of the Town of Ithaca Be it resolved the Town Board re -appoints Paulette Rosa as Town Clerk of the Town of Ithaca for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2022. Moved: Pat Leary Seconded: Eric Levine Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas TB 2020-01-13 Pg. 5 TB Resolution 2020 - 004: Reappointment of James Weber as Highway Superintendent for the Town of Ithaca Resolved that the Town Board hereby re -appoints James Weber as Highway Superintendent, for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2022, and be it Further resolved that the Highway Superintendent also serves at the Director of Public Works. Moved: Pamela Bleiwas Seconded: Tee -Ann Hunter Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas TB Resolution 2020 -005: Designate Daniel Thaete, Director of EnOneerin2, as the Town Engineer for the Town of Ithaca Be it resolved, that the Town Board hereby designates Daniel Thaete, P.E., Director of Engineering, as the Town Engineer for purposes of Town Law §20 for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2022. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas TB Resolution 2020 - 006: Reappointment of Deborah Kelley as Receiver of Taxes for the Town of Ithaca Be it resolved the Town Board re -appoints Deborah Kelley as Receiver of Taxes for the Town of Ithaca for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2022. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas TB Resolution 2020 - 007: Appointment of Donna Shaw as Deputy Receiver of Taxes for the Town of Ithaca Resolved the Town Board hereby appoints Donna Shaw as Deputy Receiver of Taxes for the Town of Ithaca for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2022. Moved: Tee -Ann Hunter Seconded: Bill Goodman Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas TB Resolution 2020 - 008: Appointment of Marriage Officers for the Town of Ithaca Whereas New York State Domestic Relations Law Article 3, Section 11-C authorizes the TB 2020-01-13 Pg. 6 governing body of a town to appoint one or more Marriage Officers to solemnize marriages within the territory of the town, provided they are at least 18 years old and reside in the town and Whereas Rod Howe, William D. Goodman and Paulette Rosa, who meet all the qualifications required by the Domestic Relations Law, have requested that the Town Board appoint them as Marriage Officers, therefore, be it Resolved that the Town Board of the Town of Ithaca hereby appoints Rod Howe, William D. Goodman and Paulette Rosa as Marriage Officers for the Town of Ithaca, for which there will be no salary or wage, from the date hereof until January 1, 2022. Moved: Pat Leary Seconded: Eric Levine Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas 7. Discuss and consider approval of Town Board Meeting Schedule for 2020 TB Resolution 2020 - 009: Set Dates for 2020 Meetings of the Town Board Whereas the Town Board of the Town of Ithaca meets on the second Monday of each month at 5:30 p.m. except where noted due to holidays, and Whereas the Town Board also meets the fourth Monday of each month for an additional meeting. These second meetings are commonly called study sessions which begin at 4:30 and are held in a smaller meeting room. These study sessions focus on reports from committees and presentations to the board with action items added only when necessary, and Whereas the Town Board also sets aside the first Thursday in October for a meeting whose sole focus is intended to be the review and discussion of the Tentative Town of Ithaca Budget: January 131h and 27th March 9th and 23rd May 1 lth — No Study Session due to holiday June 8th and 22nd August l Oth and 24th October 1st — Budget Meeting February loth and 24th April 13th and 27th July 13th and 27th September 14th and 28th October 19th — later due to holiday/no Study Session due to holiday November 9th and 23rd -- Holiday is midweek so no effect TB 2020-01-13 Pg. 7 December 14th and 28th — possible no study session due to holidays December 30th at 11:30 a.m. now therefore be it Resolved that the Town Board of the Town of Ithaca hereby approves the meeting schedule of the second and fourth of each month and others as indicated with adjustments as appropriate for holidays. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — Leary, Levine, DePaolo, Hunter, Howe, Goodman and Bleiwas 8. Acknowledge Supervisor's Town Board Committee Appointments and consider Town Board Appointments for Citizen Advisory Committees and Intermunicipal Organizations TB Resolution 2020- 010: Acknowledge Supervisor's Town Board Committee Appointments and Confirm Citizen and Intermunicipal Committee/Board Membership Appointments and Recommendations to the City as Noted Resolved, that the Town Board of the Town of Ithaca ratifies the following Town Supervisor's Town Board Committee/Board appointments for a term beginning January 1, 2020 through December 31, 2020 and be it further Resolved, that the Town Board of the Town of Ithaca makes the following Citizen Committee, Staff Committee and Intermunicipal Organization appointments for a terms beginning January 1, 2020 through December 31, 2020 unless otherwise noted. TOWN BOARD COMMITTEES Budget Eric Levine, Chair Pat Leary Pam Bleiwas Personnel and Organization Pam Bleiwas, Chair Pat Leary Rod Howe Planning Rich DePaolo, Chair Bill Goodman TB 2020-01-13 Pg. 8 Pat Leary Public Works Tee -Ann Hunter, Chair Rich DePaolo Rod Howe Codes and Ordinances Bill Goodman, Chair Pat Leary Eric Levine Yvonne Fogarty — Planning Board Eva Hoffmann — Conservation Board Bill King — Zoning Board of Appeals TOWN BOARD AD HOC COMMITTEES Economic Development Rod Howe, Chair Rich DePaolo Pam Bleiwas Short Term Rentals Bill Goodman Rich DePaolo Tee- Ann Hunter Pat Leary Sidewalk Committee Bill Goodman Rich DePaolo Pat Leary STAFF COMMITTEES Employee Relations Pam Bleiwas — Chair Pat Leary Rod Howe *Staff representatives are appointed by fellow staff Records Management Tee -Ann Hunter Eric Levine Rod Howe Paulette Rosa — Chair Lisa Carrier-Titti TB 2020-01-13 Pg. 9 AD HOC COMMITTEES Town Bicentennial Committee Rod Howe David George Paulette Rosa Pat Leary Green New Deal Nick Goldsmith Bill Goodman Rod Howe Tee -Ann Hunter CITIZEN COMMITTEES Agriculture Bill Goodman (Liaison) A.J. Teeter Farm (Matthew Stalker) — Vice -Chair Casper's Farm (Michael Casper) Forest Family Farm (Claire Forest) Indian Creek Farm / Cummins Nursery (Robert Shields) Ithaca Equestrian Center (Russ Wedemeyer) Laughing Goat Fiber Farm (Lisa Ferguson) — Chair Steep Hollow Farm (Christianne M. White) Sweyolakan Farm (Jamie Baker) Tree Gate Farm (Sharon Tregaskis) Associate Members: (none) Conservation Board Members - 2-year term Hannah George Michael Roberts Lori Brewer (filling a vacancy) Associate Members — 1-year term Lindsay Dombroskie Chair Appointment — Yearly Vladimir Micic William VanDyke Jonathan Meigs Michael Roberts TB 2020-01-13 Pg. 10 INTERMUNICIPAL Cayuga Lake Watershed Intermunicipal Organization Tee -Ann Hunter Rich DePaolo (Alternate) Cayuga Medical Center Rod Howe Ithaca -Tompkins County Transportation Council (ITCTC) Policy Rod Howe Bill Goodman (Alternate) Program Sue Ritter Jim Weber Ithaca College Community Work Group Rich DePaolo Joint Youth Commission Rich DePaolo Eric Levine (Alternate) Two Year Terms 2019/2020: Christianne White Lorraine Moran Sandra Grooms Evelyn Karnes Cable Access Oversight Committee (Recommendation to the City Council) Rich DePaolo Recreation Partnership Eric Levine Pam Bleiwas Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Bill Goodman Rod Howe E&O — Bill Goodman Public Policy — Rod Howe Personnel — Bill Goodman TB 2020-01-13 Pg. 11 Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Bill Goodman Tee -Ann Hunter Rich DePaolo Tompkins County Council of Governments Rod Howe Bill Goodman (alternate) Tompkins County Municipal Health Consortium Judy Drake Rod Howe (alternate) Subcommittee -- Joint Committee on Plan Design Judy Drake Rod Howe (alternate) Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, Leary, Hunter, DePaolo, Howe and Goodman 9. Discuss and consider 2020 Association of Towns' Resolutions and consider designation of 2020 Official Delegate and Alternate Delegate for the New York State Association of Towns 2020 Annual Meeting (Attachment 1) Mr. Goodman noted that if any language changes are wanted to the resolutions themselves, they would need to be done tonight. Mr. DePaolo turned to the resolution regarding cannabis sales and it seems to give an opt -out option for allowing it, but not giving up the right to the revenue produced from the activity. Mr. Levine thought that was a good point. Mr. Howe reminded the board that this is the time to submit specific language changes to the AOT. Mr. DePaolo focused on the second resolved clause "revenue sharing to help fund town programs and functions impacted by such legalization." saying it is not a hard peg, but asked if the implication is there that every town in NYS is going to be impacted whether or not they allow cannabis operations within their borders or are they saying that for those municipalities do incorporate operations, they want an offset in terms of revenue? Ms. Hunter thought the impacts they identify are a bit presumptuous, but she could understand that they want the revenue distributed to all municipalities rather than just the municipalities that have the dispensaries in them. There is a fair amount of money to be made from this, but how it gets distributed throughout the State is a mystery. TB 2020-01-13 Pg. 12 Mr. Goodman said in reading the explanation, he was thinking some of the revenue sharing might be related to counties that do not share sales tax with their municipalities. It might be geared toward the sales tax that we have an agreement for with our county, but some do not. He didn't think it would affect us in this county, but maybe others. Ms. Leary and Mr. Levine questioned and disagreed on the stated presumptive increased costs such as policing. Mr. Levine thought those costs might go down. Discussion followed and since there is no concrete language change, the board moved on to the next topic. Ms. Bleiwas noted the Criminal Justice Reform resolution which lists misdemeanors and bail and they are encouraging that the list be expanded, and she was hoping it would not. If we want true and meaningful bail reform, it seems to be a clash between the progressives and the law enforcement. She would ask them to remove that section, the second resolved. Mr. DePaolo thought the fifth whereas would also need to be changed. He added that he didn't like the whole resolution, feeling that it is pushing back on the current reform. Ms. Leary said she thought this had a point, with some of the crimes that they list. She thought some of those were not necessarily non-violent such as child pornography and animal cruelty and she liked the idea of rethinking some of those particular crimes and allowing more discretion from judges. Ms. Leary said she thought she was in favor of reforms, but when you look at some of the crimes, she didn't think so and she would be in favor of looking at some of the charges that are exempted now. Ms. Hunter said she doesn't know enough about this to comment, but procedurally, if you want language changes, and if we don't have enough time to draft those, she would could comment on them at the voting of the resolutions where delegates are allowed to make a statement and if someone more familiar with the topic wants to write something, she would be happy to stand up and read it. She said the worst case scenario is even if it gets approved, language changes can be submitted the following year following the prescribed process they have. Mr. Goodman added that there is an informational meeting Wednesday morning and we could express thoughts then. He suggested the Board think about it and work on it at the study session. The Board agreed and moved the resolution, removing the references to the AOT Resolutions. TB Resolution 2020 - 011: Naming of Official Delegate and Alternate for the Year 2020 to the New York State Association of Towns Annual Meeting TB 2020-01-13 Pg. 13 Whereas, the NYS Association of Towns Annual Meeting will be held in New York City and Whereas, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting and Whereas, it is necessary for the Town Board to appoint an Official Delegate and Alternate who will have voting rights on behalf of the Town of Ithaca at the said meeting and Whereas, the Town Board has reviewed the Reported Resolutions from the Association of Towns of the State of New York received on January 2, 2020, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby appoints Tee -Ann Hunter as the Official Delegate and Bill Goodman as the Alternate Official Delegate on behalf of the Town of Ithaca at the 2020 NYS Association of Towns Annual Meeting. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: ayes — Levine, Bleiwas, Leary, Hunter, DePaolo, Howe and Goodman 10. Discuss and consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town The budget amendment for the JYC was moved up. Mr. Solvig explained that the County doesn't usually get us a final number in time, and we do an amendment when we get it. TB Resolution 2020-017: Budget Amendment — Amending the 2020 Ithaca Town Budget for Joint Youth Commission Programs Whereas, the Town values highly its Youth Programs for the many benefits provided for the Town's young people; and Whereas, the Joint Youth Commission (JYQ has ably facilitated many of the Town's youth programs for many years; and Whereas, the Town has received a communication from the JYC requesting an amendment to the 2020 Ithaca Town Budget to 1) increase the budget for the JYC Youth Programs from the adopted total of $200,695 to an amended total of $203,695, and 2) to increase the budget of the Youth Development Program by $3,000, and increase the County share by $3,000; now, therefore, be it Resolved, that appropriations for Joint Youth Commission Programs in the 2020 Ithaca Town Budget be amended as follows: • General Townwide Fund — Expenditures - Account A7320.465: Youth Development Program (Cornell Cooperative Extension) is increased from $49,120 to $52,120. TB 2020-01-13 Pg. 14 and be it further Resolved, that revenues for Joint Youth Commission Programs in the 2020 Ithaca Town Budget be amended as follows: • General Townwide Fund — Revenue - Account A2350: Youth Services - County is increased from $70,470 to $73,470. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Levine, Hunter, Howe, Goodman, Leary and Bleiwas Mr. DePaolo asked about the status of the arrangements with Babe Ruth League and whether there have been times when residents want to use the field and it has been taken by the League. Mr. Weber responded that there have been issues due to weather related rescheduled games and families have reserved the field and we ask the family if they want to use the field. Mr. DePaolo said he was just curious if families have not been accommodated due to a make-up game. Mr. Weber said he will get more information from Mr. Talbut. Mr. DePaolo asked if the issues rise to the level of pulling this contract or have they been manageable? Mr. Weber responded that they have been manageable. Mr. DePaolo turned to the legal services contracts and he would like to see the actual amounts. Mr. Solvig said he made a spreadsheet on the amounts and hours and he will send that out. Mr. Levine added that this is an approval of the contract, but we decide how the town uses its legal services in order to control those rates. He said right now we have Ms. Brock going to various meetings, and it is up to us whether we want to continue that. He thought that is really the part that can be analyzed; what are we spending it on, not so much who or the contract. Mr. DePaolo said he agrees with that to a point, and ultimately, we need legal services and the outstanding question has always been in-house or out -of -house and at some point we are going to have to have that discussion and analysis. He added that he is perfectly happy with our legal services, it is just a question of how to manage expenses over the long term. Mr. Goodman said if there is interest in looking at that question, maybe the Budget Committee could be asked to do an analysis. We do put a figure in the budget every year and he said he has always been interested in how we can charge developers for various legal services. TB 2020-01-13 Pg. 15 TB Resolution 2020 - 012: Approval and Authorization for the Town Supervisor to Execute Annual Contracts Resolved that the Ithaca Town Board hereby approves and authorizes the Town Supervisor to execute annual contracts, which amounts were included as part of the 2020 Town Budget or are recurring agreements, with the following service provider(s): a. Legal Services — Susan H. Brock, Guy Krogh and Lorraine Moynihan Schmitt b. Tompkins County Public Library ($15,000) c. Recreation Partnership ($73,353) d. Coddington Rd CC/CIT Program ($20,061) e. Youth Employment Program ($75,004) f. Youth Development Program ($53,210) g. Youth Exploration Program ($56,510) h. Gadabout ($12,000) i. Lifelong ($9,000) j. Human Services Coalition ($5,000) k. Community Science Institute (CSI) Water Quality Monitoring ($21,526) 1. Ithaca Babe Ruth League MOU m. Federal Work Study Program Moved: Pamela Bleiwas Seconded: Tee -Ann Hunter Vote: ayes — Bleiwas, Hunter, Leary, Howe, Goodman, DePaolo, Howe and Levine 11. Discuss and consider approval of the Highway Expenditures Agreement Mr. Weber stated that this is the standard agreement that NYS requires between the Town Board and the Highway Superintendent and the numbers listed are the budgeted numbers for General Repairs and Permanent Improvements with a general description. TB Resolution 2020-013: Approve the 2020 Agreement for the Expenditure of Hi2hway Monies Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2020: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: TB 2020-01-13 Pg. 16 1. GENERAL REPAIRS. The sum of $200,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The sum of $200,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The sum of $250,000 shall be set aside to be expended for the permanent improvement of Winthrop Drive to re-establish shoulders and install an asphalt overly on 0.66 miles of road Executed in triplicate this 13th day of January 2020 (signatures on file on separate Agreement) Moved: Tee -Ann Hunter Seconded: Bill Goodman Vote: ayes — Hunter, Goodman, Levine, Leary, Bleiwas, DePaolo and Howe 12. Discuss and consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval No discussion. TB Resolution 2020-014: Authorizing Certain Expenditures by the Superintendent of Hi2hways without Prior Town Board Approval Whereas, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes the Town Board to adopt a resolution permitting the Town Superintendent of Highways to purchase equipment, tools and implements without prior approval of the Town Board in an amount or amounts to be fixed by it from time to time; and Whereas, the Town Board adopted a 2020 Ithaca Town Budget which included monies for the purchase of vehicles, tools and equipment; and Whereas, it is determined by this Board to be reasonable and proper and in the best interests of the efficient functioning of the Public Works Department that the Town Superintendent of Highways be granted permission to purchase such items without its prior approval in amounts not to exceed the approved respective budgeted amounts; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby authorize the Town Superintendent of Highways to spend amounts, not to exceed what is identified within the adopted 2020 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2020 of vehicles, tools and equipment to be used for highway maintenance, construction, reconstruction, and/or snow removal; except when the lowest responsive and responsible bidder is not selected and be it further Resolved, that the authorization hereinabove granted shall be construed as meaning that the total amount spent on each item purchased by the Town Highway Superintendent during fiscal year TB 2020-01-13 Pg. 17 2020 shall not exceed the respective budgeted amount for that item in the adopted 2020 Town of Ithaca budget. Moved: Tee -Ann Hunter Seconded: Bill Goodman Vote: ayes - Hunter, Goodman, Howe, Leary, Levine, DePaolo and Bleiwas 13. Discuss and consider annual approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual Mr. Howe noted that there have been no changes to the policies in the past year and the P&O Committee will be reviewing the Emergency Management Policy this year. Mr. DePaolo would like to possibly start actually going through these, saying he isn't going to pretend that he knows what is in them. He abstained from the vote. TB Resolution 2020 - 015: Annual Review and Approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual Whereas the Town Board reviews and approves certain policies and forms at its Organizational Meeting each January, and Whereas the Town Board has reviewed the following policies and forms: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan and the Board Protocol and Procedures Manual, now therefore be it Resolved that the Town Board of the Town of Ithaca does hereby reaffirm and approve the use of the Board Protocol and Procedures Manual as the rules of its procedures for the Town Board as authorized by Town Law Section 63 and the Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, and Emergency Management Response Plan as policies/forms of the Town of Ithaca. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes — Goodman, Howe, Hunter, Leary, Levine, and Bleiwas Abstention - DePaolo 14. Discuss and consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for its parks TB Resolution 2020 - 016: Setting a public hearing regarding a proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" TB 2020-01-13 Pg. 18 Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on February 10, 2020 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, DePaolo, Howe, Leary, Hunter and Goodman 15. Discuss and consider a budget amendment related to the Joint Youth Commission — Moved up 16. Discuss and consider a resolution supporting an increase in Town contribution for construction for the Gate Way Trail Project PIN 375425 — Pulled Ms. Ritter explained that this will need to be considered in the future; this is the increase due to inflation and the changes in the design. 17. Discuss and consider authorizing an agreement for early voting at Town Hall for 2020- 2024 Mr. Howe stated that the Board of Elections has approached us to hole early voting again we had no real issues this past year. The suggestion is to have the agreement for 5-years with a pull-out clause. TB Resolution 2020 - 018: Approval for early voting and general election polling to be held at Ithaca Town Hall Lobby each year Whereas the Tompkins County Board of Elections requested the use of the Ithaca Town Hall Lobby as a polling place for early voting and general election for Ward 4 of the City of Ithaca, as well as primary voting in 2019, and Whereas the polling was held here in 2019 as described and no major issues discovered, and Whereas the County is now asking to use Town Hall again in 2020, now therefore be it Resolved that the Town Board authorizes Town Hall to be used as a polling place for early voting and voting for Ward 4 in the City of Ithaca, Resolved the Supervisor is authorized to sign an agreement to that effect allowing for such use for 2020 through 2024, subject to the approval of the Attorney for the Town. Such agreement shall be amended each year to detail dates and times of operation of early polling by working with the Board of Elections, Town Hall and Town Court Staff. Moved: Eric Levine Seconded: Tee -Ann Hunter Vote: ayes — Levine, Hunter, Goodman, Howe, Leary, DePaolo and Bleiwas TB 2020-01-13 Pg. 19 18. Discuss and consider proclamation for African American History Month in February and flying the Pan-African flag Mr. Howe stated that we were approached by a member of the County Legislature to do this and used some of their language. Discussion followed on whether this would be every year and for the full month. The Board was in favor of it being recurring and through the month. TB Resolution 2020 - 019: Proclaiming the Month of February as African American History Month in the Town of Ithaca Whereas Negro History Week was first celebrated during the second week in February 1926 that encompassed the birthdays of both Abraham Lincoln and Frederick Douglas and announced by historian Carter G. Woodson and the Association for the Study of Negro Life and History, and Whereas Negro History Week was expanded to a month in 1976, the nation's bicentennial and fifty years after the first celebration, and Whereas the Town of Ithaca and County of Tompkins is home to an active, growing and civically engaged African American Community which influences our community's life, now therefore be it Resolved that the Town of Ithaca proclaims the month of February as African American History Month and joins in celebration and recognition of our African American community, and be it further Resolved that the Pan-African flag shall be flown on the Town's flag poles each year in February in honor of African American History Month. Moved: Bill Goodman Seconded: Pamela Bleiwas Vote: ayes — Goodman, Bleiwas, Hunter, Howe, Levine, Leary and DePaolo 19. Consider Consent Agenda TB Resolution 2020 - 020: 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 of December 9 and 30, 2019 b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town TB 2020-01-13 Pg. 20 f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Reserve Account Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Bleiwas, Hunter, Howe, Levine, Leary and Goodman TB Resolution 2020 - 020a: Approval of Minutes of December 28, 2019 Whereas, the draft Minutes of the December 91h and 301h meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved, that the Town Board hereby approves the submitted minutes as the final minutes of the meetings December 91h and 301h, 2019 of the Town Board of the Town of Ithaca. TB Resolution 2020 - 020: Town of Ithaca Abstract No. 1 for FY-2020 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. 1 - 63 General Fund Town Wide 48,696.33 General Fund Part -Town 17,399.91 Highway Fund Town Wide DA 6,965.74 Highway Fund Part Town DB 8,376.72 Water Fund 11,547.54 Sewer Fund 379,604.48 Gateway Trail — H8 662.19 Fire Protection Fund 420.00 Forest Home Lighting District 50.19 Glenside Lighting District 15.02 Renwick Heights Lighting District 25.05 Eastwood Commons Lighting District 35.08 Clover Lane Lighting District 4.66 Winner's Circle Lighting District 6.99 Burlei h Drive Lighting District 16.35 West Haven Road Lighting District 64.88 Coddin ton Road Lighting District 37.69 TOTAL 473,928.82 TB 2020-01-13 Pg. 21 TB Resolution 2020 - 020c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 578-630, 1-16 Check Numbers: 18739-18807 Capital Impr/Repl Project Operating Fund TOTAL Less Prepaid TOTAL 4013 4001 $568,762.31 44.31 $ 43,653.22 $57,549.16 $612,415.53 $57,593.47 °" 545 M °) 0 $ 594,870.37 $57,593.47 TB Resolution 2020 - 020d: Designation of Official Depository of Town Funds Resolved, that the Town Board hereby designates Tompkins Trust Company as the official depository for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2020. TB Resolution 2020 - 020e: Designation of Official Newspaper Resolved, that the Town Board hereby designates the Ithaca Journal as its Official Newspaper for legal notices to the public. TB Resolution 2020 - 020f: Official Bonds for Town Officers and Employees Resolved, by the Town Board of the Town of Ithaca, that the Faithful Performance Bonds for the Town Officials and Employees for the year 2020 are approved as follows: Town Supervisor/Fiscal Officer Deputy Town Supervisor Finance Officer Receiver of Taxes Town Clerk Town Justice, James Salk Town Justice, David Klein Highway Superintendent All Other Employees (Per Person) Forgery & Alteration $3,000,000.00 $3,000,000.00 $3,000,000.00 $3,000,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 TB 2020-01-13 Pg. 22 TB Resolution 2020 - O20g: Increasing the Parks and Open Space Plan Reserve Whereas, the Parks and Open Space Plan Reserve was created by the Ithaca Town Board on October 2, 1997 for the future development of parks, preservation of open space, and acquisition of development rights-, and Whereas, as of the year ended December 311, 2019 the balance of the Open Space Plan Reserve totaled approxirnately $858,970,69 in reserved Fund Balance within the General Townwide Fund; and Whereas, this I'mvii Board indicated its intention to increase the Open Space Plan Reserve by the amount of'$] 00,000 in the 2020 Ithaca Town Budget; now, therefore, be it Resolved, that this governing ]'own Board hereby designates an additional $100,000 of unreserved Fund Balance of the General, Townwide Fund as reserved for the Parks and Open Space Plan, and be it further Resolved, that the Town Board approves, authorizes and directs the 'I"own Finance Officer to transfer $100,000 frorn the General Townwide: Fund accOUnt to the Parks and Open Space Plan Reserve accOLIFIt. 20. Report of Town Officials, Committees and review of Correspondence Mr. Howe reported that the Public Works Facility, bid opening is Friday at 1:00 p.rm Green New Deal Cormnittee on January 16"' at 4:15 p,rn. Shout Term Rental Committee on January 27"' at I M p.m, Adjournment — Meeting was actiOUrned Upon as motion and a second at 6-30 p.m. "n Subrn',t b CII Paulette Rosa, Town Clerk TB 2020-01-13 Pg. 23 a Attachment l Nominees for 2020-202'& Association of Townis" Town Clerk BeccaHaines Town ofEUery, Chautauqua County Nominee for President — 1st Vice President Rebecca Haines, RMC, k8K0{, currently serves on both the executive and resolutions committees for the Association of Towns and is town clerk for the Town of EUery in Chautauqua County. Rebecca joined the Resolutions rpr�m/r���[n7nnx�mdrhpFvnn/�ivornrn^oittopin7Al� 4�n�,�nf�er ~~_...~`^`-._~~~~.--_-____-.___--___...____ ._,_-_�_ service, she has traveled to Albany and Washington D.C, to advocate before the state Legislature and Congress on behalf of town government. In addidon, she served on the Finance and Audit Committee and the Nominations Committee for three years each. She served asNew York State Town Clerks Association President from 2007 to 2009, after having served as longtime treasurer. Becca also contributed heavily to the rewriting of the Town Clerk Manua/ and regularly presents intown clerk training sessions. Becc» recently earned the distinction ofbecoming one mf the first recipients ofAOT'sCertified Town Official designation and was named NYSTC4's 2015 Clerk of the Year. Supervisor E6Theobg|di Town ofManlius, Onondaga County Nominee for 1stVice President --2mdVice President EjTheolba|dhas served as supervisor for the Town of Manlius since 2010 and as K8iuoa village trustee from 2004 2009. Ed has also served onthe Executive Cormnn�t1ee since 2013, the Resolutions [mnnnn[ttee since 2010, the Finance and Audit Committee, and the Bylaws Revisions Committee. Ed has also served onthe NYSLaw Enforcement Accreditation Council since 2012. As part of the AOT legislative advocacy effort, Ed has traveled to Alba nytotestify nmbehalf ofthe Association amdhasmet with rmermbers "'A, Supervisor Denny Powers (through Dec. 31,2019 Town ufE|noa,Erie County New York (Pupulatlan:11,3l7Source: 2O1QCensus) (Effective January 1, 2020, Denny Powers wkI be Legislative Liaison for State and Federal Affairs for the Town ofAmherst, Erie County New York) Nominee for 2mdVice Preshdemt-- 3rdV1ce President Denny Powers was first appointed E[nnatown supervisor inJune 2O11and then elected tohis first full term assupervisor the following November. Previously, he served outhe E|rnaTovvm Board as councilman from 1999to2011. Denny is enthusiastic about town government and has applied his accoumt�ine/finance background to achieve innovation, fiscal responsibility and an open government these past 18years. Hehas served asBrna'sdelegate 10the Annual meeting and is a member of the Resolutions Committee. Denny has served on the Association of Towns Executive Committee since 2014 as well as the Bylaws Revision Cornrnittee and the Finance and Audit Committee. In addition to his AOT committee work, Denny has trave�ed to Albany to testify on behalf of1he Association and has met with members of Congress to advocate on behalf of local government. He is past president nfthe Association of Erie County Governments. Supervisor DiUKAoehie Town ofBrighton, Monroe County (Population: 36,609 Source: 2010 Census) Nominee for 3n1 Vice President -- 4th \8me President Bill Mkzeh|e is supervisor for the Town ofBrighton inMonroe County since 2O12.Bill served asthe town attmrneyfrorn1993until his supervisor term began. He has been active inthe Association during his public service as a regular attendee to the annual meeting, member ofthe Resolutions Committee, Bylaws Revision Committee and Executive Committee. During his tenure on the Executive Committee, Bill has traveled to Albany to meet with members of the state Legislature to discuss town issues and deliver testimony. Heisalso apast president ofthe Monroe County Supervisors Association. Town Clerk Cindy Go|ib�er Town nfPotsdam, St. Lawrence County (Pnpu|atinn:I7,Q29Source: 20I0[ensuo) Nominee for 4thVice President —5thVice President Cindy Gm|iberhas served as Town Clerk/Tax Collector and Registrar for the Town of Potsdam in S1. Lawrence County since 1996. She currently serves on the Association of Towns Executive Committee and Resolutions [annrn[ttee. Cindy was president of the New York State Town Clerks Association (NYSTCA)July l,2O11-June 3O,2013,prior towhich Cindy held severa�offices inwith NYST[&[indyjustcompleted her tenure as aVillage ofPotsdam Trustee and iscurrently serving onthe Downtown Revitalization Initiative Local Planning Committee, which was instrumental in securing a $IO million state funding award. Achieving and providing training and professional development for town officials is a priority for Cindy. She has obtained the honor of Registered Municipal Clerk and is working toward attaining her Certified Municipal Clerk certification. She is the editor for The Recorder, the official publication of the New York State Town Clerks Association and is past president and current treasurer of the St. Lawrence County Municipal Clerk's Association. In addition to this. Cindy is an asset in planning training for town clerks and other town officials through the Association of Towns, the NYST[A and the Local Government Conference, which is held annually at SUNY Potsdam. She is also a member of the Local Government Records Advisory Committee where she advises on training, best practices and funding for local government records management. Councilwoman Valerie K4.Cartrioht Town ofBrookhaven Suffolk County Population: 488,599 Source 2O1Ocensus Nominee for 5th Vice President —Councilwoman Valerie Cartright was appointed to the Resolutions Committee in 2015 and the Executive Committee in 2018. Valerie is a strong advocate for town government and aforce inexecuting AOT'sadvocacy efforts, such as legislative roumdtab|es, press events and testifying before the state Legislature on the state budget. Since being first sworn, in in 2014, ,v'u./c-/.em^us ^Lapped� u.-.n- n�o- -u�v—vc—mcyc—^—e-./eu^c �m-u�her `10�-yea. legal career to bring governmental transparency and accessibility to her district through participation initiatives like her Community Connection Campaign and bypromoting consistent and reliable meeting procedures. Councilwoman Cartright is an active communicator in her town role, serving asQaisoutoenvironmental protection, utilities, the town clerk's office, the Black History Commission and the Grants Committee. Councilwoman [ar1r|ghtisalso aPast President of the Annistad Long Island Black Bar Association, the former Chairperson of the Civil Rights Committee of the Nassau County Bar Association, and the former Chairperson of the Young Lawyers Section (YL5)ofthe New York State Bar Association, 2020 BUDGET THE ASSOCIATION OF TOWNS 0 F T Hi E STAT E 0 F N ANNUAL MEETING FINANCE SCHOOL H,rGHWA YSCHOOL NEWL Y EL ECTED SCHOOL P&ZSCHOOL PER50NNEL SCHOOL m NYMIR IVIEP PVC4 COMPUTEL NYS VOL. FIREFIGHTER CANCER INS. PROGRAM 200EFAG�� &—Jmglit §Eo 25,000,00 75, 000. 00 40 ,000.00 15 ,,000.00 0.00 155,000.00 lawsmif 500 "0000 5,000.00 715,000,00 0,00 0 00 1,220,000.00 2020 BUDGET THE ASSOCIATION OF THE STATE OF NEW BANK SERVICE CHARGE 1,500.00 INVE5TMENTADVISOR YFEE 17500.00 CC7MPUTERf. VE/;'iO VRK EXPENSE 30, 000, 00 CREDIT CARD FEE5 8,500.00 LA5ERFICHE5Y5TEM 21500, 00 LEGAL EXPENSE 5000.00 MARKETING EXPEN5E 600.00 OFFICE EXPENSES 20,000.00 ACCOUNTING 10,000,00 WE55I7E DEVELOPMENT 0.00 OFFICE EXPENSES 95,600.00 COMPUTER HARDWAREISOFTWARE 30, 000. 00 OFFICE EQUIPT 2,500.00 EQUIPT RENA TLINAINTENA NCE 14,500.00 OFFICE EQUIPT 47,000.00 RENT 95,000.00 GENERAL POSTAGE 15,000.00 TELEPHONE 7,500.00 PUBLICATIONS 165,000.00 SALARIES 1,185,600.00 NYS RETIREMENT 170,000..00 HEALTH INSURANCE 165,000.00 L7.ISA31= 1,000.00 WORKER S COMP 5.50G? 00 INSURANCE OTHER 6,500.00 NATaT 60,000.00 ANNUAL MEETING 315,000.00 EXECUTIVE COMMITTEE 62,850.00 INFORMATION RESOURCE 30,000 00 PROFESSIONAL AFFILIATIONS 450.00 LOBBYING 80, 000.00 MEETINGS 7,500.00 TRAINING & EDUCA77ON 11,500 00 HEARINGS, MTGS, LOBBYING 129,450.00 NYMIRIWORKERS COMP. 2,500.00 FINANCESCHOOL 18,00 00 HIGHWA'YSCHOOL 55000.00 NEWLYELECTED SCHOOL .75,000M P&Z SCHOOL 5,000.00 PER50NNEL SCHOOL 0,00 SPECIAL SCHOOLS 153,000.00 2020 Proposed Legislative Program As Reported by the Resolutions Committee of the Association of Towns Rebecca Haines, Town Clerk, Town of Ellery, Chautauqua County, First Vice President, Association of Towns, Chair of the Resolutions Committee 1. Preserve and Support Home Rule 2. Support and Fund Local Roads, Bridges and Highway Operations 3. Support Town Services and Operations by Increasing State Aid, Authorizing New Local Revenue Sources and Evaluating Mandates 4. Support the Expansion of Cellular and Broadband Service while Preserving Local Authority 5. Amend and Fund Criminal Justice Reforms 6. Share Potential Cannabis Revenue and Support Local Option 7. Comprehensive Real Property Tax Reform 8. Support Optional, Town -Initiated Justice Court Restructuring 9. Support Municipal Recycling Programs 10. Support Ways to Reduce Municipal Health Benefit Costs Resolution No. I Preserve and Support Home Rule WFIEI�EAS, the New York SUlte COnStitUtiOn grants broad hone rule powers to local governments and places restrictions on the state Legislattire in order to preserve these powers; and I WHI"REAS, home rLde aLithOrity encompasses a wide range of SUbjects, including but not limited to tile authority 0 D to: adopt, amend and repeal local laws in the exercise of as town's functions, powers and dUtiCS', share SCI'ViCCS with other local governments; levy and collect rents and penalties in as town; adopt, amend and repeal zoning regulations; and WFIERF'AS, Under IMUllicipal Home 1�tile Law and tile Statute Of Local Governments, local governments' home zn rule powers ITILIst be liberally construed; and WIJEUAS, New York is One oft-nany states across the COL.Ultry' granting local governments home rule aLithority 0 and this authority should be recognized at the federal level; and W 171FAt"AS, tile CXel-CiSC Of 110111C rUIC powers allmNrs local governments to meet the unique and diverse needs of local residents while also fostering citizen participation in government; and WHFIREAS, New York's diverse cornmunitiesare best served by maintaining the principles of ]ionic rule, including those set forth in tile State Constitution, Local Government Bill of Rights, Statute of Local Governments and tile iMUniCipal HOMC RUIC La%w,; NOW THEREFORE BE IT Resolved, that the Association ofTowns calls upon the Governor and the Legislature to preserve and strengthen home rule; and 13E IT FURTHER Resolved, that the Association of Towns will oppose any state or federal initiative that would weaken or eliminate New 'Vorks long-standing tradition of homy, rule and local government authority. Background 'phis resolution is a carryover from AOT's 2019 Legislative Program. `11-iis resolution seeks to preserve and strengthen honic rule and afford town governments the authority and autonomy needed to make local decisions and better serve town residents. Broadly defined, ]ionic Rile is a way for the state to transfer a portion of its governmental powers to local governments by allowing there to manaZ.Ype their own afTairs. Granted in 1.963-64, home U11C a1L.Itl)Orio, has becii weakened over the years through court cases and legislative enactments, pre-empting towns, from acting on areas of local concern. Resolution No. 2 Support and Fund Local. Roads, Bridges and Highway Operations WHEIZEAS, local[ roads and bridges are the backbone Of our transportation systern, the repair and maintenance of NvIiicli are primarily funded by real property tax; and WFIFREIAS, various Studies and organizations have identified significant transportation funding needs in New York State; and WIJERE.,kS, "Fixing America's Surface Transportation WA` T)," as federal program established to provide funding for state and local infrastructure projects, is set to expire in 2020; and WHERI"AS, long-range capital planning is essential to providing a safe and niodern transportation S)'stelll' to long-range. 0 Z) properly maintain and fund Iiighway equipment, and to budget appropriately; and Wl­fl�"RF'AS, tile Current N)'SI)0'1' capital plan, a report used to prioritize municipal improvements, establish preventive maintenance cycles, and to identify both anticipated costs and sources of revenue fOr needed improvements, is scheduled to expire in 2020, and WI-JEREAS, statutorily, empowering local highway superintendents, town boards and engineering professionals to make decisions regarding [lie required maintenance, reconstruction and construction of local low -volume and MillinlUni maintenance roads wNould reduce costs and allo%v towns to I)etter prioritize and fund repairs and maintenance; and Will, ' REAS, the New York State Local Road Classification Task Force developed guidelines for a design process for rehal)fliLaLion projects on low-traffilc roads, including recommendations for PaVellient wvidtli, bridge widt'll, roadside clear zones and mininium maintenance standards for rural roads that access and protect farms, forests and recreational land; and WHEREAS, towns' ability to participate in long-range capital planning is limited due to statutory restrictions on the amount that they can annually levy to fund higliway equipment purchases witliout engaging in tile expense of a referendum; NOW THEREFORE BE rr RESOLVED, that the Association of Towns calls on the Governor, the Legislature and the New York State Deparfinent of Transportation to enact a new five-year capital plan that includes local roads, bridges and culverts and the appropriate funding for the Consolidated Highway Improvement Prograni (CHIPS), PAVE - NY; BridgeNY and other local funding programs; and BE ITFURTHER, RESOLVED, that the Association ofTowns calls on the Governor and Legislature to increase the base funding for M.. PAVE -NY and BridgeNY, and BE IT FURTHER RESOLVED, that the Association of"Fowns calls on the New York Congressional Delegation to renew the federal FAST Act and provide an increased and dedicated funding commitment to local and state transportation infrastructure projects without it being used to offset existing funding; and BE IT FURTHER RESOLVED:, that the Association of Towns supports amending the Highway Law, as recommended by the NY,S Local Road Class ificati on Task Force, to authorize localities to make local road classifications; and BE IT FUWMER RESOI,NED, the Association Supports amending Highway Law § 271 to authorize towns to increase the amount of taxes they can levy annually without the expense of a referendum to purchase highway equipment. Background `[his resolution is modilled from the highway administration resolution included in AOT's 2019 Legislative n Program to include call for the new NYSDOTcapital plan to address local I-OaLIS and bridges and drafted from a resolution from the Supervisors Forum of Eric COLInty. Five -Year Capital Plan and Funding: the current five-year NYSDO'F Capital Program is set to expire in 2020. It currently includes wo sliort-term local funding programs (PAVE-N)' and BridgeNY) that supplement the loncy-standina Consolidated I tighway Improvement Program (C 1-1 IPS), which provides dedicated qUarterly state D I I I funding to towns for local highways and bridges. The 2019-2020 State Bud et inchided$100million fear the PAVE'- NY program, $100 million for the BridgeNY program); $39.7 million for the Nlarchiselli Program and $438.1 p million for CHIPS. 'lliere is also [lie Extreme 'vVinter Recovery Fund, which was initially omitted frown the stale budget but N�,as included at the end of session and funded at $65 million. I Local governments are responsible for the maintenance and care of nearly 90 percent of New York's roads and bridees. In 2013, the New York State Association of Town Hi(TIINVay Superintendents released a 20-year needs 0 0 assessment of local hi'ghwvav and bridge infrastructure, eshi-nating that over the next 15 years, local pavement needs will total $31-95 billion, and local system bridge needs will total $2.85 billion. According to this study, local governments should be receiving an additional $1.3 billion annually in highway funding to address the need and usage patterns. Additionally, the New York State Cmmptrollers Office estimates that local governments should be ,spending $2.3 billion annually on roads and bridges. 0 Given that t(:mrns are responsible for so many of New York's roads, and bridges and Current funding levels fall short of their needs, it is critical to increase I undirio, projections for CHIPS, PAVE' -NY, Bridge -NY and MAIR in the rim N YSDOT capital plan. FLHIIICI-Inorc, while increased funding for local roads and bridges throulg h new short-term programs, such as PAVE -NY and BridgeNY, is appreciated, these are supplemental programs and not replacement programs for CHIPS. New York also receives funding from the federal F'AST Act, wliich is set to expire in 2020. the FAST Act provides transportation funding nationwide over a five-yearperiod. Renewal of this program is critical for the construction and maintenance of New York's transportation infraStRICWI-e. 'i�Ve also support direct federal funding to toNvIls in addition to the distribution off"Cderal funding to state departments of transportation. StattiLory Local LW Q- VOILMIC and MirdITIL1111 Maintcnance Roads: Designating roads as [ON' %V-OILIIIIC-' or ,,—S jiI2 or t for 111iflinIUM maintenance helps reduce costs for rural roads. In the absence of express statutory authority, many tolvi-Is have adopted local road standards 1)), local law, 'Ihe need for state legislation has become more important as sorile lower courts have found that these locally adopted road standards that include limits on snowplowing services on rninirnUrn maintenance roads are inconsistent with seasonal limited -use road CICSignatiOnS Under Highway Law 0 205-c (see Weikel vs. lim,)i o 'West Turin et al Index No. CA2015-041 1; SUPITIne ("MUrt Lewis County JMarch 24 2016] reversed on statute of limitations, grounds 162 A.D.3d 1706 [4"' Dept. 20181). Legislation to formally codit"), the authority and procedure to designate low -volume and 411ininIL1111 maintenance roads (see e.g. A418 Gunther [MS]-, same as S,2537 Griff0) has not been SUCCCSSfUlly passed, despite fervent support from several organizations. Increasing levy cap on ecJLai J)Inent funding,,: Highway Law 4 27](3)(a)(4) places a $60,000 firnit on how much towns, absent special legislation, can annual]), levy and collect to fund purchases ofvarious highway equipment and tools, 'fl-ie linlitation is on the ar)IOLML that can be raised by taxes, not the amount towns can spend (see Opns St Conip No. 82-172).'The town board can hold a referendum to increase the $60,000 limitation by referendum, but this is an additional expense for the towu.'flie New York State Association of'fown Superintendents of Highways is seeking an increase in the taxing threshold to support the purchase of needed highway equipment. Resolution No. 3 Support Town Services and Operations by Increasing State Aid, Authorizing New Local Revenue Sources and Evaluating Mandates WHEREAS, towns are heavily dependent on real property taxes to fund town services and operations; and WHEREAS, towns have limited Sources of revenue and are excluded from some currently afforded to cities, counties and villages, such as hotel occupancy taxes, sales taxes and gross receipts taxes; and WHEREAS, towns have been forced to take measures like Cutting services, reducing the workforce, and delaying much needed repairs to municipal water and sewer systems, stormwater facilities and other infrastructure in an attempt to stay under the 2 percent tax cap; and WHEREAS, unrestricted state aid provided to n-lUnicipalities through AIM was eliminated and replaced by county sales tax for 90 percent of towns in 2019, and the state revenue sharing that stilt exists has not been increased in over a decade; and WHEREAS, state and federal unfunded mandates increase the cost to provide local services; and WHEREAS, the Governor and the New York State Legislature support the reduction of real property taxes and having other sources of funding, and increases to state funding assistance would reduce localities' reliance on property taxes; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls on the state Legislature and the Governor to support town services, through means such as, but not limited to, providing and increasing unrestricted state aid and providing dedicated infrastructure funding; and BE IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and the Legislature to enact legislation providing towns with more revenue sources, like having the option to impose a local hotel or motel occupancy tax, sales taxes and gross receipts taxes; and BE IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and the Legislature to require thorough local fiscal impact notes that evaluate the cost of implementing legislation affecting towns and to provide funding and resources to cover those costs. Background "this resolution combines several resolutions included in AOT's 2019 Legislative Program and was submitted by the Supervisors Forum of Eric County, Towns face an increasing number of financial hurdles. Real property tax is the primary source of revenue for towns and funds most town services; hwvever, towns are encouraged to stay Under a state -imposed 2 percent tax cap all while being asked to do more by the state, provide essential services in the community, and manage and repair crumbling infrastructure. '11-terefore, this resolution asks for three funding -related items that would Support town services and operations and help reduce property taxes while improving the standard of New York living. g* Provide for and increase stateJundimy for towns: The 2019-2020 state budget eliminated ATIVI for 90 percent of towns and replaced it with "AIM --related payinefiLS" funded by County sales tax, and those towns who continued to receive AIM saw no increase. Furthermore, towns provide critical water and sewer services, but our infrastructure is in dire need of repair and is grossly underfunded — the Department of Health estimates $38 billion of repairs for drinking water infrastructure rastrUcture over the next 20 years to protect the public health and that 25 percent of wastewater treatment facilities are currently operating beyond Lheir 30-year life expectancy. 'llie Department of Environmental Conservation also reported that it Would cost $36.2 billion over 20 years to repair, replace and update New York's aging wastewater infrastructure. More support from the state — either unrestricted aid or funding earmarked for infrastructure — will be needed if towns are to continue to be able to provide uninterrupted services and make crucial infrastructure improvements without relying so heavily on property taxes. Authorize new I-CVCIILie sources for towns: Counties, cities and villages all have revenue -raising abilities available to them that towns do not, including hotel Occupancy taxes, sales taxes and gross receipt taxes. A hotel/motel occupancy tax, commonly referred to as a bed tax, is a charge that a inunicipality can lace on room rentals I p within its jurisdiction. However, towns need special legislation giving them the option to impose an occupancy tax (see NYS Constitution Article XVI § 1; Ba14,in Union Free School Dist. v. County of Nassau, 22 NY3d 606 [2014]; Opris St. Cornp No. 83-218). Most towns that request such legislation are denied, as tile governor has evinced a preference for comprehensive tax reform rather than a piecemeal approach. Moreover, counties and cities have the authority to levy local sales taxes, but towns do not (Tax Law § 1262; Opus St Comp No. 90-39; 1976 N.Y. Op. Atty. Gen. No. 280), and counties are not required to share sales tax. Finally, cities and villages have the authority to impose a local gross receipts tax, which is a tax on the sale Of utility services originating and terminating within their jurisdiction. Four purposes of this tax, a ittility is defined as "any person .,. subject to the supervision of the state department Of public service ... who sells gas, electricity, steam, water or refrigeration delivered through mains, pipes or wires ..." Authorizing these or any new revenue sources for towns would certainty lessen the need to rely oil real property taxes to fund town services, Require Fiscal Impact Notes: Unfunded mandates pose a significant burden to municipal budgets, and new mandates making budgeting particularly diflicult. Over the last few years, several bills have been introduced addressinc, unfunded state mandates, sioni 0 g fying state lawmakers' awareness of exactly how mandates hinder a municipality's ability to operate and provide set -vices; however, none have been Successful to date. 0 mmwz���Iq Resolution No. 4 Support the Expansion of Cellular and Broadband Service while Preserving Local Authority WFIFIREAS, access to broadband Internet SCI'ViCe, Cellular service and advancing - 5G technologr y is essential fo public safety, commercial economic (YrOWth, our edUCa [ion systems and the overall well-being of our citizens; and , I 11> 0 WHE'RFI'AS, access to these services, is regarded as a basic infrastructure necessity of the 21st M)tL11-), PrOVidirlg a I means of access to information and communication for Citizens and businesses that is used by as growing percentage of the world's population; and WFIERI"AS, a lack of access to broadband Internet service and cellular service may depreciate property Values; and WHII'REAS, local officials must balance their constitutional duty to taxpayers to manage municipal growth and infrastructure in as safe, efficient and fiscally prudent manner with the needs ofprivatc industry; and WHEREAS, there have been state and federal legislative and regulatory initiatives to pre-empt local authority and I limit the ability of local governments to tax te]CCOMMUnications eqUipment; and I WHF,REAS, there are still significant areas of New York State without access to high-speed broadband or Cellular services because of geographic isolation, topographic conditions and/or low I)OPUlation density; NOW THERE -'FORE BE IT RESOLVED, that the Association of Towns calls on the Governor and the state Legislature to continue to support broadband and cellular access and deployment through additional funding, legislative initiatives and programs while preserving local governments' authority over municipal infrastructure, siting decisions, fees and the time it takes to review applications as well as the ability to tax telecon-mitinications infrastructure as real property. Background This resolution combines various resolutions included in AOT's 2019 Legislative Program. This resolution looks to maintain the local authority oftowns as they, grapple with various issues associated with the teleCOMMUnications industry, while also encouraging cellular and broadband development. For example, In T-Alobile Northeast, LLC vs. DeBellis, 32 NY3d 594 (2018), the NYS Court of Appeals upheld that various telecommunications data transmission equipment (such as base transceiver stations, antennas, and coaxial, T—i, and fiber optic cables) falls under the definition of taxable real property. Legislation was introduced in 2019 trying to circumvent this ruling but Ultimately stalled in the Assembly (see A8201/S651 1). In September 20 L9, Assemblywoman Sandy Chalet, chair of the Conimittee on Real Property laxation, requested that NYCON1, NYSAC, AOT and the NYS Assessors Association meet with various industry representatives to see if there was a mutually agreeable wNray to proi-note broadband and cellular development without unfairly depleting the tax base or pre-empting local government. A mecting took place on November 21, 2019 with another scheduled for I December 10, 2019. Furthermore, there is a 2019 FCC order currently being, litigated in tile 91�' CirCUit that is ail attempt to speed tip 5G cell service deployment, 'the order sicnificantly affects sillall cell antennas in the streets ail([ rights -of -way, leases I'Or cell tmvers oil municipal property generally, shot clocks, and fees charged for cell tower zoning and I - permitting. AlthOUgh ostensibly ain-led at 5G service, the rules cover all cell sites nationwide. A similar proposal Nvas included at the state level in the 2018 Executive Budget, so this resolution looks to stop state initiatives to institute the FCC order S1101.11(l it fail ill COUrt. Amend and Fund Criminal Justice Reforms WFIMEAS, the state budget enacted in 2019 included substantial criminal justice reforms, such as eliminating monetary bail for a significant number of criminal charges, and requiring prosecutors and police to turn 0VCl' relevant evidence within 15 days of arraignment; and these reforms apply to misdemeanors and violations, including , certain code violations, greatly impaw cting many ton departments and services, including but not limited to police, code enforcement, town pro,SCCL1t0l-S and town justice courts; and NVI-MRFAS, there are adi-ninistrative and implementation expenses towns Nvill incur in complying with these reforills; and �VFIERI`.AS, the state budget did not include any targeted flinding for town compliance with these criminal justice reforms; and WHERFAS, many of the criminal charges for which bail may not be set pose a significant threat to the licalth, safety and Nvelfare of the community, such as but 110t limited to, a terroristic threat, promoting a sexual I Makin-V 1) performance by a child, criminal sale of a controlled substance to a child, criminal possession of a weapon on school grounds, first -degree aggravated harassnient and third- and fourth -degree arson, aggravated cruelty to animals, and torturing; and injuring animals; NOW THEREFORE BE 11, 0 0 RESOLVED, that the Association of Towns calls on the Governor and Legislature to aniend Criminal Procedure Law to exempt the new discovery laws from applying to code violations and to extend beyond 15 days, the tune during which discovery must be produced; and BE IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and Legislature to amend tile CPL to include more criminal charges with the list of qualifying offenses for which bail juay be set., specifically those that pose as danger to (lie safety of the public and individuals; and BE IT FURTHER RESOLVED, that the Association of Towns requests New York State to provide and support funding for towns to comply with criminal reforin requirements through, but not lin-ifted to, increasingjustice court I fees, increasing JCAP grants or any other monetary assistance. Background 1111 103117;lIffs Me "11, this is a new resolution submitted by the towns of Glenville and Clarcdon. J­he 2019-2020 slate budget imposed sweeping criminal justice reforms, including eliminating monetary bail for 11011-qualifying offenses (misdemeanors and. non-violent felonies) and revising discovery requirements (See State BLidget Part j)j-1,t,l,,). I With respect to bail, PITVi0USlyjUdges and justices were authorized to use bail as as way to secLire a defendant's court appearance at a later date, but, Wider tile new laws, defendants charged with non -qualifying offenses must be issued all appearance ticket with a return date of'no later than 20 days, and released on their own recognizance oi- released Under the "least. restrictive non-illonetary conditions," The court must send a reminder about the appearance date, and if defendant fails to appear, another appearance ticket Must be issued. After repeated failUres, a court may issue a bench warrant after waiting a period of .18 hours and providing notice to the defendant and defense connsel. fri addition to increased administrative costs for municipalities dare to the rievvr notification requirements all(] the possibility that court will have to be held more frequently to C0111ply with tile deadline can return dates for appearance tickets, concerns regarding what effect eliminating bail and restricting bench warrants will have on the reliability of defendants' appearances and public safety in general. As for the new discovery reform recinirements, prosecutors nlUst disclose "all items and information that relate to the subject of the case and are in the possession, custody; or control of the prosecution," including those in police possession, no later than 1.5 days after an arraignment oil an indictment. Towns have the option of imposing civil or criminal penalties for code violations (see Town Law § 267), and [lie new law is written in SLICII a way that it al -,)plies to code violations with criminal penalties as well as other misdemeanors Pl_0';eCUtcd in town court. '111LIS, for example, within 15 days after all arraignment oil a code violation, a code enforcement office is required to taar ra over evidence to defendant. 'I his also applies to police and town proseckitors, fueling concerns that towns and other jurisdictions do not have the resources to comply with these rules, and as as result, otherwise valid cases will be thrown out on a technicality, To address these concerns, this resolution asks tile state to extend tile types of crimes for which a judge or justice may set bail, extend the time period allowed to turn over evidence, specifically exempt code enforcement violations from new discovery rules and provide funding and financial assistance to institute these new mandates. Share Potential Cannabis Revenue and Support Local Option kVHEREAS 117 ,, New Yo�rk State has expressed interest in legalizing and regulating recreational, adult -use cannabis; and WHEIZF,,AS, towns, as the government closest to the people, are in the best position to determine what is in the best interest of the health, safety, and welfare of then- residents and exec ante the wants of the community; and WHEREAS, shonld New York legalize recreational, adult- use cannabis, towns will incur expenses in the form of, 112MMMUM but not lirnited to, increased police enforcement, code enforccnient and lire protection; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls on the Governor and the Legislature to ensure that any legislation legalizing recreational adult -use cannabis provides towns Nvith the choice of whether to allow cultivators, processors, distributors, dispensaries and any other cannabis -associated facilities to operate within their jurisdiction; and BF1' IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and the Legislature to share any revenue derived from legalizing cannabis operations to help fund town programs and ftinctions impacted 1)), stela legalization. Background `1his is a new resolution drafted from one submitted by the'fown of Claredono. In 2019, there Nvere proposals to legalize recreational adult -use Cannabis in New York as part of the state budget. While the proposals authorized counties and cities with populations of more than .100,000 to opt out of allowing cannabis facilities within their boundaries, it provided no such Option for towns, Furthermore, while the proposals allowed (lie state to impose various taxes and fees and counties to impose sales tax, there was nothing requiring that this new revenue be shared with towns, despite the 1, act that towns will be on the frontline of providing set -vices related to adult use cannabis operations. 'llierefore, this resolution asks that lowris have the ability to opt in or opt out of allowing cannabis operations in their jurisdictions. "phis iscomparabletoliow alcohol and garries of chance are treated under the law, where there is the ability to opt in through permissive referenchini (see Alcohol and Beverage Law § 141) or mandatory referendum (see General N11inicipal Law L88)). 'I lie resolution also requests that revenue be shared wvith towns to offset any increased costs incurred by towns as a result of legalized cannabis use. Resolution No. 7 Comprehensive Real Property Tax Reform WHI'REIAS, local governi-rients currently serve in an economic chniate that presents a multitude of financial pressures via constitutional and state taxing constraints, coupled with either stagnant oi- altogether eliminated federal and state aid; and WHF,REAS, despite these constraints, towns strive to provide essential services to their residents, relying on real property taxes as the priniary source of reverILIC to finance these endeavors; and WHEREAS, in 2016, the value of real property tax exemptions outside of New York Cit�r totaled $457 billion, or approxii-nately one-third of the total property value in the state; and WHERl"'AS, non-exerript property 0WIM'S MLISt C0VCr the tax burden of all exempt properties, with this tax shift rendering New York State taxes artiong the highest in the country; and Z) V ' VHEREAS, NewFork State has primarily provided real property tax relief through ad hoc property tax exemptions instead ofcomprehensive property tax reform, resulting in as tax shift that has increased rather than reduced tuxes; and WFIEIZE'AS, the real property tax cap fOrML11a contains inequities that penalize towns, and despite these inequities, was Made permanent as part of the 2019-2(120 Enacted State Budget; and 'vVHEIEAS, there is a national trend to use the "dark store theory" when assessing big box real property parcels, the consequence of which shifts the real property tax burden to the remaining taxpayers withill the jurisdiction, increasing their tax burden, NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls on New York State to put as stop to ad hoc exemptions that eviscerate the tax base and lead to the highest taxes in the country; and BE IT FURTHER Z� RESOLVED, that the Association of Towns calls on the Governor and Legislature to adopt tax cap reforms, including removing barriers to shared services that would save taxpayer dollars, imposing a true 2 percent cap, removing infrastructure project costs from the calculation and allowing growth from PILOT and tax- exempt properties to be included in the tax cap calculation; and BE IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and state Legislature to adopt legislation prohibiting the use of the (lark store theory as a valuation method in real property assessment. Background '11iis is a new resolution combining various tax -related resolutions included in AOT's 2019 Legislative Program z' and a resolution submitted by the Supervisors [`orum Of 1"Irie County. Addressin2 Tax-Exenwt 11ro -,rtv" Star nant aid CaLISCS local governments to rely more heavily on real property taxes to finance their services. However, municipalities call levy and collect real property taxes, only on taxable property; the more tax-exempt property there is in a municipality, the higher the taxes will be oil the non-exempt property owner. Despite statutory constrai tits, the state and courts continue to expand the number and type of propel -ties eligible for tax exemptions, which consequentially, will reduce the tax base and force municipal officials to cut vital services. flue state comptroller recently reported that, in 2016, property tax exemptions totaled $457 billion, or about. 30 percent, of the S1.5 trillion in total property value outside New York City. 'lliat is, non-exempt property owners, have to cover $457 billion in real property excniptions. 1he systemic erosion of [lie tax base through the granting of ad hoc exemptions has resulted in higher taxes as the burden is shifted to non-exempt owners, as well as as decrease in essential services as local governments struggle to do more with less. I lax Cp -)e made to the tax cap Cat Reform: "the ofTowns has identified simple adjustments that can I formula thatNVOLI]d remedy the inequities in the taxcap and allow towns and other local governments to implement the cap in as less deleterious manner. Specifically, local governments must reduce their tax levy Ifinit by anyamount of any savings realized from a transfer Of fUllCti011. Ultimately, this serves as a disincentive to share services, as any potential savings realized reduces that local governments levy limit and its ability to tax within the cap. 'the governor has largely been a proponent of shared services, as demonstrated by several of his recent legislative initiatives, so to achieve economy and efficiency, this disincentive Should be removed from the tax cap formula. Additionally, since its inception in 2011, the 2 percent tax cap has often been well below 2 percent. Now that the tax cap is permanent, we believe the cap should reflect as true 2 percent limit rather than lie determined by eCO11011liC 11LICILM0011S that care well beyond a local government's control, which would allow governments better long-range budgeting and planning. Moreover, towns should be able 10 irlClUde growth from and tax- exempt properties in their lax, cal) calculations, Local governments experience increased costs and development associated Nvith UICSe properties that LISC and benefit from Municipal services, yet the growth froni these properties cannot be taken into account When illlpOSillg tile tax cap formnla. A simple legislative fix would remedy (his obvious contradiction. A final consideration for the tax cap is to remove the costs associated with ill fraStrUCt.111-C PrOjCCtS f1,0111 the tax cap calculation, as this serves as as disincentive to take oil necessary projects, and additionally, at the tmvn level, these projects are subject to voter approval. Dark Store Assessments: Lastly, the Association Of TONVIIS SUpported a bill in the 2019 legislative session that addressed the "dark store theory" assessment issue that, if left Unaddressed, could significantly increase taxes in New York. Specifically, A4752-B / S5674 prohibits the use Of the dark store theory when making assessment calculations, as this theory ultimately Unfairly reduces the assessment of' "fail; box" retailers by assessing thern similarly to vacant and abandoned properties; the reduced assessment results in lower taxes for the big box retailer while increasing the tax burden among the other properties in tile jUriSdiCtiOn. '11is legislation passed [lie Assembly ill 2019 but stalled in the Senate. 'lhis is as simple legislative fix that will have a real impact on real property taxes in New York. Resolution No. 8 Support Optional, Town -Initiated Justice Court Restructuring WHERF"AS, town justice courts provide essential functions in communities and make court services accessible and convenient; and WHl1R1;,AS, the Uniform justice Court Act and Town I.aw already offers different town- and resident -initiated options for consolidating justice courts and sharing town justices,' and INFIE'REAS, towns and their residents are in the best position to determine whether it is in the best interest of the community to consolidate justice courts; NOW THEREFOR1.11 BE IT RESOLVED, that the Governor and Legislature keep justice court consolidation and restructuring at local option and a locally initiated process. Background 'his is a new resOlUtion drafted by stafL, Periodically, there are calls to eliminate, reduce or consolidate local justice courts, and most recently in November 2019, (lie New York State Attorney General called for justice court reform and consolidation at as lel0lklaliVe public hearing0. However, these recommendations fail to, acknowledge that the Uniform justice Court Act and Town [,aw offer three different ways to restructure local COL111S, either b),' petition or town board initiative (see Uniform Justice Court Act §sS 106-a; 106-b; Town Law § 60-a). 'this resolution looks to preserve that authority rather than taking as top-dOWn approach WherCJUSOCC Court c0ns'Olidation and restructuring is mandated by the state, Resolution No. 9 Support Municipal Recycling Programs WHERl"AS, towns are required to have recycling programs; and I I towns also operate solid waste transfer stations and are therefore required to comply with nUITICI-OUS complicated state operating regulations, many of which pertain to recycled materials, and �,'FIEIZEIAS, significant changes to the world's recycling market have adversely affected the ability of most municipalities to sell most processed recycled materials, thus increasing the Costs Of running Municipal recycling 0 programs; and WHEIZEAS, some processed recycled materials still have value, which if removed fi-oni MUniCiPM recycling sLrearns, could place InUllidpal recycling programs in further financial stress; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls for the Governor, the Legislature and interested state agencies to re-evaluate current laws, policies and administrative interpretations in order to relieve the growing costs of processing and disposing of recycling materials; and BE IT FURTHER RESOLVED, that the Association of'I'owns calls for New York State either to relieve mandates relating to recycling or provide local governments with funding that offsets the current losses incurred by municipalities that proper[), dispose of recycling materials; and BE IT FURTHER RESOLVED, that any, recycling initiatives, such as the expansion of the Returnable Container Act, avoid further imperiling municipal recycling prograrns by removing valuable material from municipal recycling streams or otherivise increase costs for municipalities. Background '111is, resolution is drafted front a resolution submitted by Lhe'Fown of Claredon and as resolution it) AOTs 2019 Legislative program. In 2018, ( "hitia enacted the "National Sword. Policy," significantly limiting the types of processed recycled rnaterial it would accept from the U.S., thereby eviscerating the foreign market, Because they are no longer able to sell processed recycled materials, material recycling facilities (MRFs) with municipal contracts have had to recoup those losses by charging Lip to four times more than in 2018 and Municipal MRFs are no longer able to offset costs by selling processed recycled materials. 'flic end result is that municipal recycling prograrns, which local governments are required to have under General Municipal Law § 120-aa, are significantly more expensive to run now, and ill so rile cases, it is actually cheaper to sci)(I materials to as laudlill; however, local goveriliucrits considering suspending their recycling prod rams need to Nvork with the Department of Envirolirrierital Conservation before Lakint, forrrial action or risk legal repercussions.. "1 To address the recycling crisis, there are proposals to expaud the Returnable Coii[airier Act (colloquially referred to as the Bottle Bill) to include more types of containers. I lowever, ulau)' 1111.111iCipali ties are still able to sell certaiti types ol'processed recycled iiiaterials, and therefore, expanding the Bottle Bill to remove prolitable recyclable materials will further U11del-MilIC' tMV11 0 recycling pl,ograiris. Other proposals have included reqUinug 1 1-7 11ILMicipalities to purchase goods iriade from recycled materials through (lie corripetitive kidding process, which could increase project costs. 'flierefore, this reSOILIfi011 riot ouly rcqL](.Sts that New York review and aniciid the recycling tuaridate placed oil III Lill ici palities, it also asks for funding for ruunicipal recycling programs, and that V away proposal to address the recycling crisis not place a further fillaricial burden oil towns. Resolution No. 10 Support Ways to Reduce Municipal Health Benefit Costs WHEREAS, providiug health beueffts helps to)wns attract and retain valukle i-nunicipal employees; and WHEREAS, health insurance costs have increased expotleiitially, and on average, rise abOUt 8 percent anIlUally for local governments; and n WHEREAS, most toNvns have limited optioiis outside of using private insurarice, cornpanies aud cornrilunity rated playas to provide health beriel"its, thus making insurance proviSiOrl more expensive; and WHE'RE'AS,, most towtis are prohibited Crony )Oillillg COUIlty self --insured health benefit plans, which would be corisidered a form of sharing services and may potentially ofl-er cost savirigs; and WHERFAS, there are as number of barriers to creating IIISUraricc Law Article 47 municipal health cooperatives, Such as the uumber of lives that initially need to be covered,- and WHEREAS, it is unclear whether municipalities can join established BOCES health cooperatives govertled by Insurance Law Article 47; and WHEREAS, Insurance Law Article 47 health consortia are a form of shared services and also may provide significant cost savings in obtaining health benefits; and WHEREAS, New York State eiic(.,)Lira(,;eS Municipalities to collaborate and share services to reduce real property taxes,, NOW THER]"T-ORE BE IT RESOLVED, that the Association of Towns calls on the Governor, the Legislature and the Department of Financial Services to ease the requirements to create Insurance Law Article 47 health care cooperatives, by reducing, for exan-iple, the number of covered lives required to start a cooperative or allowing for more flexibility in meeting various formation requirements,-, and BE IT FURTHER RESOLVED, that the Association ofTowns calls on the Governor and the Legislature to amend the Education Law so that there is clear authority for towns to join BOLES health cooperatives governed by Insurance Law Article 47; and BE. IT FURTHER RESOLVED, that the Association of Towns calls on the Governor and Legislature to allow municipalities to join county self -insured health benefit plans and pursite other options to help reduce municipal health benefit costs. BACKGROUND '17his is as new resolution drafted by staff. Ille aillOUnt towns spent oil health insurance for employees has increased by more than three times since the 1990s, and in 2018, towns in New York spent approximately- S630 million. This is due, ill part, to the fact that most towns are considered small employers (i.e. less than 100 employees), and therefore, they must purchase health inSUrarlce oil a community -rated basis. Larger employers (i.e. more than 100 employees) can purchase health insurance oil all experience -rated basis, which is overwhelmingly recognized as more cost-effective. By participating in an 111SUrance Law Article 47 health cooperative or a county self-inSUred plan, tOW11S WOUICI be able to obtain an experience -rated plan and save nione)% J(.)illil-lg Would also help county plans and health cooperatives because more participants help spread risk allocation. However, the ]ZINN' Currently does not allow small employer towns to join county self -insured plans, and there are a number Of hurdles to creating an Article 47 health cooperative, so many that just one has been created since the 1990s. Voila of these issues Nvere identified in a m.11-11ber Of COUlltywide Shared Services Initiative plans, 'I'lieref'Ore, this resolution requests sLat-ed health benefit plans and changes, to (lie Article 47 utory changes authorizing towns to join counLy self-insui I creation process to make it easier for municipalities, Additionally, there are 1.1 MOLES health consortia that currently operate and are governed by Article 47. 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Tioga Street Ithaca, NY 14850 Certificates Issued From- 12/11/2019 To: 12/31 /2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2019-0303 12/6/2019 CC 22.-2-7 152 Indian Creek Rd MSTONIER ISSUED 2019-0166 12/6/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0167 12/6/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0168 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0169 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0170 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0171 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0172 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2018-0349 12/9/2019 CO 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2018-0349 12/9/2019 CO 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2019-0173 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2018-0530 12/9/2019 CO 67.-1-13.2 626 Tower Rd MSTONIER ISSUED 2019-0174 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0175 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2018-0636 12/9/2019 CO 62.-2-1.121 373 Pine Tree Rd MMOSELEY ISSUED 2019-0176 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0177 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0178 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0179 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0180 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0181 12/9/2019 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2019-0487 12/9/2019 CC 17.-3-26 27 Renwick Heights Rd MSTONIER ISSUED 2019-0687 12/10/2019 CO 24.-3-2.1 101 Harris B Dates Dr MSTONIER ISSUED 2019-0391 12/10/2019 CC 23.-1-34 1431 Trumansburg Rd MSTONIER ISSUED 2019-0385 12/10/2019 CC 71.-1-11.56 197 Christopher Ln MSTONIER ISSUED 2019-0663 12/11/2019 CO 24.-3-2.1 99 Harris B Dates Dr MSTONIER ISSUED 2019-0467 12/11/2019 CC 23.-1-23 103 Woolf Ln MSTONIER ISSUED 2019-0712 12/11/2019 TCO X 24.-3-4 1301 Trumansburg Rd MSTONIER ISSUED Page 1 of 3 1 /3/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From- 12/1 /2019 To: 12/31 /2019 Cert. # Date Type Temp SBL Legal Address Inspector Status 2019-0345 12/11/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2018-0334 12/16/2019 CO 28.-1-26.82 105 & 106 Rachel Carson W MMOSELEY ISSUED 2019-0634 12/16/2019 CO 64.-1-2.2 218 Solidago Rd MSTONIER ISSUED 2019-0692 12/17/2019 CC 57.-1-4 123 SNYDER HILL ROAD MKELLY ISSUED 2018-0349 12/17/2019 TCO X 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2019-0185 12/18/2019 CO 28.-1-26.82 111 & 112 Rachel Carson W MMOSELEY ISSUED 2019-0676 12/19/2019 CO 39.-1-1.22 950 Danby Rd DMAGNUSO ISSUED 2019-0712 12/19/2019 CO 24.-3-4 1301 Trumansburg Rd MSTONIER ISSUED 2019-0650 12/19/2019 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2019-0666 12/19/2019 CC 62.-2-1.122 152 Summerhill Dr MSTONIER ISSUED 2019-0667 12/19/2019 CC 62.-2-1.122 122 Summerhill Dr MSTONIER ISSUED 2019-0668 12/19/2019 CC 62.-2-1.122 134 Summerhill Dr MSTONIER ISSUED 2019-0669 12/19/2019 CC 62.-2-1.122 114 Summerhill Dr MSTONIER ISSUED 2019-0670 12/19/2019 CC 62.-2-1.122 315 Summerhill Ln MSTONIER ISSUED 2019-0671 12/19/2019 CC 62.-2-1.122 128 Summerhill Dr MSTONIER ISSUED 2019-0466 12/20/2019 CO 53.-1-15.10 108 Juniper Dr MMOSELEY ISSUED 2019-0483 12/20/2019 CC 53.-1-15.10 108 JUNIPER DRIVE MKELLY ISSUED 2015-0669 12/23/2019 CC 33.-2-6.1 106 Seven Mile Dr BBATES ISSUED 2019-0221 12/24/2019 CO 56.-3-13.11 8 JOHN STREET MKELLY ISSUED Page 2 of 3 1 /3/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Tvae and Status From: 12/1/2019 To- 12/31/2019 Certificate Type Certificate Status Count CC 31 TCO ISSUED 14 2 Total: 47 47 Page 3 of 3 Date 12/3/2019 Desc: 12/4/2019 Desc: 12/4/2019 Desc: 12/6/2019 Desc: Town of Ithaca 1 /3/2020 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From, 12/1 /2019 To: 12/31 /2019 ype Tax Parcel # Legal Address Disposition OTHER 70.-1-25 2 Muriel St CLOSED Cayuga Heights FD responded twice to an incident at 2 Muriel St regarding furnace problems. FIRE SAFETY VIOLATIONS 1020 B Ellis Hollow Rd CLOSED Activated smoke detector, no apparent cause. System would not reset. Property on fire watch. See Docs. REPORT OF FIRE 1150 Danby Rd Fire reported. Chimney in main lobby. IFD extinguished. FIRE SAFETY VIOLATIONS 1010 Ellis Hollow Rd CLOSED CLOSED Outlet smoking, damaged 30 amp outlet. Sub Panel D breaker shut off and red tagged by IFD until electrical system has been serviced by an electrician. SEE DOC 12/10/2019 PROPERTY MAINTENANCE 70.-10-3.11 104 Sapsucker Woods Rd OPEN Desc: Issues with rodents through the wall, holes in the exterior walls. Radon issues (tenant indicates that she passes out at work), her basement apartment is damp and a dehumidifier has to run, but also humidifier has been installed in the bedrooms because of how dry it is. Landlord hired exterminator for rodents, but the situation did not improve. Tenant indicates that she informed landlord again about rodent issues. 12/12/2019 ZONING VIOLATION 46.-1-5 419 King Rd E OPEN Desc: Section 125-8 (11) Town of Ithaca Code. Operating permits. All residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), 270-219.6B(2). Notwithstanding any provision to the contrary in this 125-8, the occupancy of such units prior to an owner obtaining required operating permits shall be governed by the applicable provisions of Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), and 270-219.6B(2). [Added 12-11-2017 by L.L. No. 19-2017] 12/12/2019 BUILDING WITHOUT A PER 24.-3-2.223 402 Harris B Dates Dr OPEN Desc: while on site for another permit owner had Halco installing a new boiler. Double permit fee is not required per Marty Moseley due to work of heating system being repleced immediatly. 12/16/2019 FIRE SAFETY VIOLATIONS 44.-1-4.35 200 King Rd E CLOSED Desc: Zone 2 smoke detector activated due to burnt food. See Docs 12/23/2019 FIRE SAFETY VIOLATIONS 1020 B Ellis Hollow Rd OPEN Desc: Smoke detectors with bags over them were observed when IFD responded. Page 1 of 2 1 /3/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From- 12/1 /2019 To: 12/31 /2019 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 1 FIRE SAFETY VIOLATIONS 4 OTHER 1 PROPERTY MAINTENANCE 1 REPORT OF FIRE 1 ZONING VIOLATION 1 Total: 9 CLOSED 5 OPEN 4 Page 2 of 2 Town of Ithaca 1 /3/2020 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From, 12/1 /2019 To: 12/31 /2019 Date Type Tax Parcel # Legal Address Disposition 12/3/2019 OTHER 70.-1-25 2 Muriel St CLOSED Desc: Cayuga Heights FD responded twice to an incident at 2 Muriel St regarding furnace problems. 12/4/2019 FIRE SAFETY VIOLATIONS 1020 B Ellis Hollow Rd CLOSED Desc: Activated smoke detector, no apparent cause. System would not reset. Property on fire watch. See Docs. 12/4/2019 REPORT OF FIRE 1150 Danby Rd CLOSED Desc: Fire reported. Chimney in main lobby. IFD extinguished. 12/6/2019 FIRE SAFETY VIOLATIONS 1010 Ellis Hollow Rd CLOSED Desc: Outlet smoking, damaged 30 amp outlet. Sub Panel D breaker shut off and red tagged by IFD until electrical system has been serviced by an electrician. SEE DOC 12/16/2019 FIRE SAFETY VIOLATIONS 44.-1-4.35 200 King Rd E CLOSED Desc: Zone 2 smoke detector activated due to burnt food. See Docs Page 1 of 2 1 /3/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From- 12/1 /2019 To: 12/31 /2019 Totals by Complaint Type & Status ComplaintType FIRE SAFETY VIOLATIONS OTHER REPORT OF FIRE Complaint Status CLOSED Count 3 1 1 Total: 5 5 Page 2 of 2