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HomeMy WebLinkAboutTB Packet 2021-09-13 Meeting of the Ithaca Town Board September 13, 2021 at 5:30 p.m. This meeting will be held virtually and broadcast via our Y'c7u.u.'Ia1 e L"J"n"' and Z(9M. for your convenience. If you are planning to address the Board,please join via ZOOM and consider shifting to YouTube for the remainder of the meeting. AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Discuss a request from Maplewood/EDR regarding a refund on water billing 4. Consider approval of a refund due Town of Ulysses pursuant to the Intermunicipal Agreement for Water Service 5. Consider setting public hearings on September 27, 2021, regarding: a. A proposed local law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Chain Works District b. Proposed acquisitions of real property (2) for public parks and playgrounds c. Proposed local law to install stop signs at Wildflower Dr/Strawberry Hill Cir d. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing Water Rate Charges Effective January 1, 2022 e. Adoption of the Southern Cayuga Lake Intermunicipal Water Commission 2022 Budget f. Approval of the 2021 Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit Areas g. Approval of the Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2022 6. Consider authorization for the Town Supervisor to sign an MOU with the Cayuga Lake Watershed Intermunicipal Organization and associated dues 7. Discuss Town of Ithaca Water Storage Requirement 8. Consider acceptance of public sewer infrastructure associated with Phases 3& 4 of the Westview Subdivision 9. Discuss bid results—Forest Home Walkway Improvement Project 10. Consider approval of Forest Home Walkway Improvement Project with an increased cost estimate and authorization to acquire associated easements, Subject to Permissive Referendum 11. Consider authorization to award contract—Forest Home Walkway Improvement Project 12. Consider approval of a COVID-19 Mandatory Vaccination and Surveillance Testing Program 13. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of surplus equipment designation and donation to Lakeview Cemetery e. Acknowledge receipt of Independent Audit—SCLIWC 2020 14. Consider entering Executive Session to discuss the acquisition of real property where disclosure could affect the price 15. Report of Town Officials and Committees 16. Review of Correspondence 17. Adjournment Item 5 MEETING OF THE ITHACA TOWN BOARD Monday, September 13, 2021 TB Resolution 2021 - : Setting public hearings for September 27, 2021 Resolved that the Town Board will hold public hearings at its September 27, 2021, meeting beginning at 5:30 p.m.,regarding the following: a. A proposed local law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Chain Works District b. Proposed acquisitions of real property (2) for public parks and playgrounds c. Proposed local law to install stop signs at Wildflower Dr/Strawberry Hill Cir d. Amending the Southern Cayuga Lake Intermunicipal Water Commission Agreement Increasing Water Rate Charges Effective January 1, 2022 e. Adoption of the Southern Cayuga Lake Intermunicipal Water Commission 2022 Budget £ Approval of the 2021 Assessment Rolls for the Town of Ithaca's Special Benefit Districts and Special Benefit Areas g. Approval of the Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2022 at which time the public may be heard concerning the same. Information on the above items is available from the Town Clerk's Office and online at www.town.ithaca.ny.us Moved: Seconded: Vote: ayes— Item 06 MEETING OF THE ITHACA TOWN BOARD September 13, 2021 TB Resolution 2021 - : Approval of and authorization for the Town Supervisor to sign, a Memorandum of Agreement between the Town of Ithaca and the Cayuga Lake Watershed Intermunicipal Organization Whereas the Cayuga Lake Watershed Intermunicipal Organization (CLWIO)has approved and adopted revisions to its bylaws and Memorandum of Agreement (MOA) for member municipalities on August 25, 2021, and Whereas CLWIO presented the revised bylaws and MOA to the Town of Ithaca at its August 23, 2021, meeting where the Town Board had an opportunity to ask any questions, and Whereas the Town of Ithaca supports the efforts of the CLIWO in protecting the natural resource and health of the Cayuga Lake Watershed, now therefore be it Resolved that the Town Board approves the revised Memorandum of Agreement between the Town of Ithaca and the Cayuga Lake Watershed Intermunicipal Organization and authorizes the Town Supervisor to sign same. Moved: Seconded: Vote: Item 08 MEETING OF THE ITHACA TOWN BOARD September 13, 2021 TB Resolution 2021 -: Acceptance of dedication of Phase 3 and Phase 4 Sanitary Sewer Infrastructure associate with the Westview 32-Lot Subdivision, Schickel Rd and authorization to sign associated easements Whereas, the Town of Ithaca Planning Board granted Subdivision Approval for the Westview 32-lot Subdivision, located at the intersection of Danby Road (NYS Route 96B) and Schickel Road, Town of Ithaca Tax Parcel No. 36-2-3.2, Low Density Residence District, consisting of 31 residential lots and a 1.5+1- acre lot for a park in the southeast corner of the property, Igor Chiekhet, Owner; and Whereas, the Town Board accepted the concept and location of utilities associated with the Project by TB Resolution 2004-130; and Whereas, the sanitary sewer infrastructure for the Project's Phases 3 & 4 have been completed in a manner satisfactory to the Town's Highway Superintendent and Director of Engineering: and Whereas, the Project included proposed dedication of the public sanitary sewer infrastructure as shown on the plan titled "Sanitary Sewer Easement Map for Westview Subdivision Phase 3 and 4" dated July 6, 2021 and prepared by Lee Dresser, L.S., T.G. Miller P.C.; and Whereas, the Attorney for the Town has reviewed and approved the title, access easements and rights-of-way associated with the dedication of the infrastructure to the Town; now therefore be it Resolved, that the Ithaca Town Board hereby accepts the dedication of the above-described public sanitary sewer infrastructure and approves and authorizes the Supervisor to sign all associated easements and rights-of-was on behalf of the Town. Moved: Seconded: Vote: ayes— Item 10 MEETING OF THE ITHACA TOWN BOARD Monday, September 13, 2021 TB Resolution 2021 — : Approval of Forest Home Walkway Improvement Project with an Increased Cost and Authorization to Acquire Associated Easements, Subject to Permissive Referendum. Whereas, on August 9, 2021, the Town Board adopted TB Resolution 2021-105b, which approved the Forest Home Walkway Improvement Project and authorized the Town's acquisition of associated easements, and Whereas, TB Resolution 2021-105b stated the Project's estimated cost was $240,000, and Whereas, subject to the results of the bid opening on the Project, the estimated cost for the Project is now $320,000, and Whereas, the Town Board wishes to move forward with the Project provided it does not exceed the new estimated cost, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, approval of said Project(including acquisition of associated easements) is an Unlisted Action for which the Town Board of the Town of Ithaca, acting as the lead agency in an environmental review with respect to the Project, made a negative determination of environmental significance on August 9, 2021, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3, and, Whereas, Town Law §220(3)requires that the Town's acquisition of land for public parks and playgrounds, and the equipping of the land with suitable buildings, structures, and apparatus, be subject to a permissive referendum under Town Law §90 and §91, when such acquisition and equipping is paid for by taxes levied for the fiscal year in which such expenditure is to be made; and Whereas, the Project's $320,000 maximum estimated cost shall be paid for by taxes levied for the fiscal year in which such expenditure is to be made; and Whereas,pursuant to NY General Municipal Law §247, on August 9, 2021, the Town Board held a duly noticed public hearing on the proposed Forest Home Walkway easement acquisitions, during which the Town Board heard all persons interested in the Walkway easement acquisitions who appeared at such time and through the designated means, and Whereas, the Town Board has reviewed a Permanent Trail Easement and Right-of-Way with Cornell University, and a Permanent Trail Easement and Right-of-Way with William and Caroline Arms (collectively, the "Permanent Trail Easements"),both of which provide the Town of Ithaca with permanent easements for the purposes of the Town reconstructing and maintaining a pedestrian trail and related appurtenances for the public's use, now therefore be it 1 Item 10 Resolved, that the Town Board hereby authorizes and approves the Forest Home Walkway Improvement Project, including the Permanent Trail Easements and Rights-of-Way, with a cost not to exceed$320,000, and authorizes the Supervisor to execute said Permanent Easements and Rights-of-Way, subject to approval by the Attorney for the Town, and subject to a permissive referendum pursuant to the provisions of Town Law §220(3); and be it further Resolved, that pursuant to Town Law §90 and §91, within ten (10) days from the date of this resolution, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of adoption of this resolution, shall contain such resolution or an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted subject to a permissive referendum; and shall publish such notice in the Ithaca Journal, a newspaper published in Tompkins County having general circulation in the Town, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town, a copy of such notice within ten(10) days after the date of adoption of this resolution. Moved: Seconded: Vote: ayes - 2 Item 11 MEETING OF THE ITHACA TOWN BOARD Monday, September 13, 2021 TB Resolution 2021 -: Authorization to Award Contract for Construction of the Town of Ithaca Forest Home Walkway Improvement Project Whereas, on September 7, 2021, the Town received bids for the Town of Ithaca Forest Home Walkway Improvement Project, and Whereas, the Director of Engineering has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of $285,322.45 for the project was made by the lowest responsive bidder, Marchuska Brothers Construction, LLC, 408 Commerce Road, Vestal, NY 13850, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, approval of said Project (including acquisition of associated easements) is an Unlisted Action for which the Town Board of the Town of Ithaca, acting as the lead agency in an environmental review with respect to the Project, made a negative determination of environmental significance on August 9, 2021, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3, Whereas, on September 13, 2021, the Town Board adopted a resolution authorizing the Project, subject to permissive referendum, now therefore be it Resolved, that the Town Board authorizes the award of the contract for the Town of Ithaca Forest Home Walkway Improvement Project to Marchuska Brothers Construction, LLC, subject to the final approval of contract documents by the Director of Engineering and Attorney for the Town, and contingent upon either: 1. No permissive referendum being requested as permitted by law on the Town Board's September 13, 2021 resolution authorizing and approving the Town of Ithaca Forest Home Walkway Improvement Project, or 2. If such a referendum is requested, such referendum is held and said resolution is approved at same, and be it further Resolved, that the Town Supervisor is authorized to execute such contract upon such approval of the final contract documents and the approval of the Town of Ithaca Forest Home Walkway Improvement Project by the voters, if a permissive referendum is held, and be it further Resolved, that the Director of Engineering is authorized to approve change orders to such contract upon receipt of appropriate justification, provided that the maximum amount of such change orders shall not in the aggregate exceed $34,677.55 without prior authorization of this Board, and provided further that the total Project cost, including the contract, engineering, legal and other expenses, does not exceed$320,000.00 in the aggregate, and be it further Resolved, the Town Finance Officer is authorized to make any necessary budget entries and adjustments to establish the Project. Moved: Seconded: Vote: Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, September 13, 2021 TB Resolution 2021- Approval of COVID Mandatory Vaccination and Surveillance Testing Program Whereas, the Town Board approved of a COVID-19 Vaccine Incentive Program effective March 8, 2021, which encouraged employees to receive the vaccine on a voluntary basis; and Whereas, on August 23, 2021, the FDA approved the first COVID-19 vaccine; and Whereas, the Personnel and Organization Committee discussed the issue of the COVID-19 vaccine being approved and whether the Town should require employees to receive the vaccine or undergo mandatory weekly surveillance testing; and Whereas, the Personnel and Organization Committee supported requiring employees to receive the vaccine or undergo mandatory weekly surveillance testing similar to the Tompkins County program; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve requiring employees to receive the COVID-19 vaccine or undergo mandatory weekly surveillance testing. Moved: Seconded: Vote: Ayes: Item 13 MEETING OF THE ITHACA TOWN BOARD Monday, September 13, 2021 TB Resolution 2021 - : Adopt Consent Agenda Resolved,that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Designation of Surplus Equipment and donation to cemetery e. Acknowledge receipt of independent audit YE 2020 — SCLIWC Bolton Point Moved: Seconded: Vote: ayes— TB Resolution 2021 - a: Approval of Town Board Minutes Resolved that the Town Board hereby approves the draft minutes of the meetings on August 9tn and 23rd, 2021 as submitted, with non-substantial changes suggested by the Board made. TB Resolution 2021 - b: Town of Ithaca Abstract No. 17 for FY-2021 Whereas the numbered vouchers below were presented to the Ithaca Town Board for audit; now therefore be it Resolved that the Town Board hereby authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 966 - 1058 General Fund Town Wide 150,854.05 General Fund Part-Town 2,332.65 Highway Fund Town Wide DA 8,347.06 Highway Fund Part Town DB 45,440.74 Water Fund 619,598.65 Sewer Fund 6,403.86 Risk Retention Fund 852.00 Fire Protection Fund 280,000.00 Forest Home Lighting District 202.47 Glenside Lighting District 80.64 Renwick Heights Lighting District 99.02 Eastwood Commons Lighting District 203.78 Clover Lane Lighting District 23.87 Item 13 Winner's Circle Lighting District 76.22 Burlei h Drive Lighting District 81.43 West Haven Road Lighting District 251.95 Coddin ton Road Lighting District 150.53 Debt Service 1,800.00 TOTAL 1,116,798.92 TB Resolution 2021- d: Designation and Transfer of a Surplus Lawn Mower to Lake View Cemetery Co. Inc. Whereas, the Town of Ithaca owns a 2019 Grasshopper Zero-Turn Lawn Mower Model 725DT with 25HP Kubota Diesel Engine, Serial No. 6910719, with 61" Powerfold Deck, Serial No. 6942866, (Equipment),purchased in 2019 at a cost of$18,005; and Whereas,the Equipment is scheduled and budgeted to be replaced in 2022 and given an estimated trade-in value of$6,500 in May; 2021, and Whereas, the Town received a request from the Board of Trustees of Lake View Cemetery Co. Inc. (Cemetery)to transfer the ownership of the Equipment to the Cemetery for the sole use of the necessary and proper maintenance of the Cemetery; and Whereas, NYS General Municipal Law Section 165-a explicitly authorizes this type of gift and the Town wishes to support the management and maintenance efforts of the Cemetery, which would otherwise become the responsibility of the Town upon the dissolution of the Cemetery Corporation and abandonment of the Cemetery; now therefore be it, Resolved, that the Ithaca Town Board declares the Equipment to be surplus and no longer needed by the Town, and authorizes the transfer of the Equipment to Lake View Cemetery Co. Inc.; and be it further Resolved,that the Town Supervisor is authorized to sign an Agreement with Lake View Cemetery Co. Inc. for the transfer of the Equipment, subject to review by the Attorney for the Town. TB Resolution 2021- e: Acknowledge Receipt of SCLIWC (Bolton Point) Independent Audit of 2020 Resolved that the Town Board hereby acknowledges receipt of the Independent Audit of the Southern Cayuga Lake Intermunicipal Water Commission's 2020 Finances and Procedures. Item 4 MEETING OF THE ITHACA TOWN BOARD September 13, 2021 TB Resolution 2021- : Approval of a Refund of Water Charges to the Town of Ulysses Whereas, the Town of Ithaca and Town of Ulysses entered into a Water Service Agreement (Agreement), which was amended in 2011 to include a water loss calculation; and Whereas,prior to the December 13, 2011, water usage readings from the Town of Ithaca's Woolf Lane Water Pump Station deducted the Town of Ithaca's water customers from the pump stations master meter and the Town of Ithaca billed the Town of Ulysses for the difference for their water usage; and Whereas, the amended Agreement between the municipalities requires the Town of Ulysses to invoice the Town of Ithaca in January of each year for the previous four quarters; and Whereas, the invoicing and reconciliation of water usage billing has not occured since 2015; and Whereas, after conducting a review and reconciliation of the Water Services, it has been determined that: a. Seven (7) accounts in the Town of Ithaca were incorrectly being billed to the Town of Ulysses resulting in a credit due of$11,313.09; and b. A water loss payment based on the amended Agreement formula in the amount of $13,154.93 for 2015 through 2020 is due to the Town of Ulysses. Now, therefore,be it Resolved, that the Town Board of the Town of Ithaca authorizes a refund to the Town of Ulysses in the amount of$24,468.02 as detailed above from F8350.475 Water Services Exchange. Moved: Seconded: Vote: ayes—