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HomeMy WebLinkAboutTB Packet 2022-01-10MEETING OF THE ITHACA TOWN BOARD January 10, 2021- 5:30 p.m. This meeting will be held virtually and broadcast via ZOOM (ID 98910958241) and our YouTube Link for your convenience. If you are planning to address the Board, please join via ZOOM and consider shifting to YouTubeLive for the remainder of the meeting. AGENDA 1. Call to Order and Pledge of Allegiance 2. Swearing in of Town Board Members 3. Announcement of Deputy Town Supervisor 4. Persons to be Heard 5. Consider approval of Town Board Meeting Schedule for 2022 6. Consider reappointment of Town Officials 7. Acknowledge Supervisor's Town Board Member Committee appointments and confirm Staff, Citizen Advisory, and Intermunicipal Organization Committee/Board appointments 8. Consider appointments to the Planning Board and Zoning Board of Appeals 9. Consider NYS Association of Towns' Resolutions for 2022 and designation of the Official Delegate for the 2022 Annual Meeting 10. Consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town 11. Consider approval of the Highway Expenditures Agreement 12. Consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval 13. Consider annual approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Procurement Policy, and Green Fleet Policy 14. Consider authorization for Supervisor to sign an amendment to the Intermunicipal Agreement Regarding Historic Preservation Planning Staff Services 15. Consider authorization for the Supervisor to sign an agreement regarding the Game Farm Rd Trail Crossing 16. Consider setting public hearings regarding: a. A proposed local law allowing for a monetary contribution to the City of Ithaca for support of its parks b. A proposed local law adding Chapter 202 of the Town of Ithaca Code, Food Trucks, to regulate food trucks in the Town of Ithaca c. A proposed local law amending Chapter 250 of the Town of Ithaca Code to: i. Add 3 -way Stop signs at Forest Home Drive / Arboretum Road Intersection ii. Install No Parking Signs on Game Farm Road 17. Consider establishing the Conservation Board Stipend amount 18. 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 19. Report of Town Officials, Committees, and review of Correspondence 20. Consider adjournment MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Set Dates for 2022 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 when delayed to the following week 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 meets 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, now, therefore be it That the 2022 Town Board Schedule is as follows: January 10th and 24th March 14th and 28th May 9th and 23rd July 11th and 25' September 12th and 26th February 14th and 28th April 11th and 25th June 13th and 27th August 8th and 22nd October 6th —Budget Meeting October 17th — Pushed due to holiday / no Study Session November 14th and 28' (May cancel Study Session due to holiday) December 12th (No Study Session due to holiday) December Year End — TBD (28th or 29th likely) Moved: Seconded: Vote: ayes — MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Reappointment of Town Officials Resolved that the Town Board hereby reappoints the following Town Officials for a term continuing until the 1st day of January next succeeding the next biennial Town election to wit, January 1, 2024: Highway Superintendent — Joe Slater (Serves as Director of Public Works) Receiver of Taxes — Deborah Kelley Deputy Receiver of Taxes — Donna Shaw Town Clerk — Paulette Rosa Town Engineer — Dan Thaete (Serves as the Director of Engineering) Marriage Officers — Rod Howe, Bill Goodman, and Paulette Rosa (No salary or wage by the Town) Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2022 TB Resolution 2022 - : Acknowledge Supervisor's Town Board Committee Appointments and Confirm Staff, Citizen and Intermunicipal Committee/Board Appointments and Recommendations to the City as Noted Resolved, that the Town Board acknowledges the Supervisor's annual Town Board Committee Appointments and confirms the appointments of Staff, Citizen and Intermunicipal Committee and Board appointments and recommendations to the City of Ithaca Common Council as indicated: TOWN BOARD COMMITTEES Budget Eric Levine, Chair Rod Howe Pam Bleiwas Personnel and Organization Pam Bleiwas, Chair Margaret Johnson Rod Howe Codes and Ordinances Bill Goodman, Chair Rob Rosen Eric Levine Planning Rich DePaolo, Chair Rod Howe Margaret Johnson Public Works Rich DePaolo Rod Howe, Chair Rob Rosen Yvonne Fogarty — Planning Board Eva Hoffmann — Conservation Board Vacant — Zoning Board of Appeals TOWN BOARD AD HOC COMMITTEES Economic Development Rod Howe, Chair Rich DePaolo Pam Bleiwas Sidewalk Committee Rod Howe — Chair Rich DePaolo Bill Goodman STAFF COMMITTEES Employee Relations Pam Bleiwas — Chair Margaret Johnson Rod Howe Page 1 of 3 *Staff representatives are appointed by fellow staff Records Management Bill Goodman Eric Levine Rod Howe CITIZEN COMMITTEES Agriculture Bill Goodman (Liaison) Conservation Board Members — 2 year term Elizabeth Hageman James Hamilton Eva Hoffmann Carolyn Lee INTERMUNICIPAL Paulette Rosa — Facilitator David George Associate Members — 1 year term Lindsay Dombroskie Karen Johnson Feltham Chair - Lori Brewer Cayuga Lake Watershed Intermunicipal Organization Margaret Johnson Rich DePaolo (Alternate) Cayuga Medical Center Rod Howe Community Housing Development Fund (CHDF) Program Rob Rosen — Town Representative Ithaca -Tompkins County Transportation Council (ITCTC) Policy Program Rod Howe Sue Ritter Bill Goodman (Alternate) Joe Slater Ithaca College Community Work Group Rich DePaolo Joint Youth Commission Rich DePaolo Eric Levine (Alternate) Town Resident Representative - Chelsea Benson, 2 year term Page 2 of 3 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) Rod Howe Pam Bleiwas Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Bill Goodman Rob Rosen Rich DePaolo Tompkins County Council of Governments Rod Howe Rich DePaolo (alternate) Tompkins County Municipal Health Consortium Judy Drake Subcommittee -- Joint Committee on Plan Design od Howe (alternate) Judy Drake Rod Howe (alternate) Moved: Seconded: Vote: ayes — Page 3 of 3 MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Appointments of Zoning Board of Appeals and Planning Board Members and Chairs Whereas the Planning Board has recommended Liebe Meier Swain be reappointed as Chair, and the Zoning Board of Appeals members recommended David Squires be appointed as Chair for the year ending December 31, 2022, and Whereas David Williams indicated he would like to be appointed as a Regular Member and David Filiberto indicated he would like to be reappointed as an Alternate, and Whereas William Arms of 200 Forest Home Dr. has been recommended by the Interview Committee for the Planning Board Alternate position, now therefore be it Resolved that the Town Board hereby concurs with the recommendations and makes the following appointments: Zoning Board of Appeals — David Squires as Chair for 2022 David Williams as Regular Member — through 2026 David Filiberto as Alternate— 2022 Planning Board — Liebe Meier Swain as Regular Member — through 2028 Liebe Meier Swain as Chair for 2022 William Arms as Alternate — for 2022 Moved: Seconded: Vote: Ayes — MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022- : Support (or not) of the New York State Association of Towns Reported Resolutions and designation of Official Delegate & Alternate Whereas, the NYS Association of Towns Annual Meeting is held in New York City and the Town of Ithaca is a member in good standing and eligible to have voting rights at the Annual Meeting and, and Whereas, the Town Board has reviewed the Reported Resolutions received on January 3, 2022 from the Association of Towns, now therefore be it Resolved, that the Town Board hereby designates XXXXXXX as the Official Delegate and XXXXXXX as the Alternate to cast votes on behalf of the Town, and be it further Resolved, that the Ithaca Town Board supports the Reported Resolutions submitted by the Association of Towns. (or list comments or lack of support) Moved: Seconded: Vote: Ayes — MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Approval and Authorization for the Town Supervisor to Execute Contracts included in the 2022 Budget 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 2022 Town Budget or are recurring agreements, with the following service provider(s): Annual — 2022 a. Legal Services — Susan H. Brock, Guy Krogh and Lorraine Moynihan Schmitt b. Tompkins County Public Library ($15,000) c. Recreation Partnership ($78,000) d. Coddington Rd CC/CIT Program ($21,100) e. Youth Employment Program ($78,800) f. Youth Development Program ($51,120) g. Youth Exploration Program ($56,5600 h. Gadabout ($12,000) i. Lifelong ($9,000) j. Human Services Coalition ($5,000) k. Community Science Institute (CSI) Water Quality Monitoring ($22,396) 1. Ithaca Babe Ruth League MOU m. Federal Work Study Program 3 -Year — 2022-2024 a. Tompkins County Animal Control Services ($45,334 total) Moved: Seconded: Vote: ayes — MEETING OF THE ITHACA TOWN BOARD January 11, 2022 TB Resolution 2022- : Approval of the 2022 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 2022: 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: 1. GENERAL REPAIRS. The sum of $150,000 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 $60,000 shall be set aside to be expended for the permanent improvement of Sesame Street / Alison Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.17 miles of road The sum of $25,000 shall be set aside to be expended for the permanent improvement of the Campbell Avenue / Hopkins Place to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.09 miles of road The sum of $45,000 shall be set aside to be expended for the permanent improvement of Eldridge Circle to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.22 miles of road The sum of $210,000 shall be set aside to be expended for the permanent improvement of Indian Creek / Happy Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.48 miles of road The sum of $80,000 shall be set aside to be expended for the permanent improvement of Williams Glen Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.16 miles of road The sum of $45,000 shall be set aside to be expended for the permanent improvement of Valley View Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.12 miles of road The sum of $55,000 shall be set aside to be expended for the permanent improvement of Orchard Hill Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.35 miles of road The sum of $25,000 shall be set aside to be expended for the permanent improvement of Evergreen Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.16 miles of road The sum of $115,000 shall be set aside to be expended for the permanent improvement of Westhaven Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 1.24 miles of road The sum of $95,000 shall be set aside to be expended for the permanent improvement of Hopkins Road to re-establish shoulders, drainage facilities, mill asphalt, and install an asphalt on 0.52 miles of road Executed in triplicate this 10th day of January 2022 (signatures on file on separate Agreement) Moved: Vote: Seconded: MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Authorizing Certain Expenditures by the Superintendent of Highways 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 2022 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 2022 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2022 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 2022 shall not exceed the respective budgeted amount for that item in the adopted 2022 Town of Ithaca budget. Moved: Seconded: Vote: ayes — MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Annual Approval of Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Preparedness Plan, Green Fleet Policy, and Green Procurement Policy Whereas the Town Board reviews certain policies and procedures at its Organizational Meeting as required by the Town of Ithaca Code or at direction of the Town Board, and Whereas the Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Preparedness Plan, and Green Fleet Policy, Green Procurement Policy have been submitted to the Town Board for review, now therefore be it Resolved, the Ithaca Town Board hereby accepts, approves, and affirms the above listed policies, procedures and forms as required for the year 2022. Moved: Seconded: Vote: Ayes — MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Authorization for the Supervisor to sign an addendum to the Intermunicipal Agreement Rmardin2 Historic Preservation Planning Staff Services Resolved that the Town Board authorizes the Supervisor to sign and addendum to the Intermunicipal Agreement Regarding Historic Preservation Planning Services to extend the Agreement through April 30, 2022, to develop a joint Historic Preservation Ordinance and associated Ithaca Landmarks Preservation Commission. Moved: Seconded: Vote: Addendum to Intermunicipal Agreement Regarding Historic Preservation Planning Staff Services in effect until 12/31/2021 This agreement will be extended from January 1, 2022 until April 30, 2022 while the City and Town develop a joint Memorandum of Agreement and while each municipality undertakes a process to formally adopt a new Historic Preservation Ordinance that would cover both the City and Town of Ithaca. The adopted ordinance will also address the new composition of the Ithaca Landmarks Preservation Commission. The services of the City's Historic Preservation and Neighborhood Planner will be used over the course of the 4 months to aid in the process, to formalize documents and review material, to work with the respective municipal committees and to communicate with NYS Office of Parks, Recreation and Historic Preservation as needed. The amount billed for the four months will not exceed $2500. Town of Ithaca an Rod Howe, Supervisor City of Ithaca: [Name and Title] Date: Date: MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Authorization for the Supervisor to sign an Agreement with Barton & Lnuidice, D.P.C. associated with the Game Farm Road Trail Crossing Whereas, the Town entered into a Memorandum of Agreement with the Town of Dryden and Tompkins County to improve the Game Farm Trail Crossing, and Whereas, the Town of Dryden and Town of Ithaca propose to share the costs of services needed as described in the Scope of Services in the Agreement submitted for review, now therefore be it Resolved that the Town Board authorizes the Supervisor to sign the Agreement on behalf of the Town with Barton & Loguidice, DPC as submitted at a cost not to exceed $7,715.00 for the Town of Ithaca's share. Moved: Seconded: Vote: Town of Dryden Trail Crossing on Game Farm Road, CR 173 SCOPE OF WORK Date Submitted: December 15, 2021 In accordance with the Memorandum of Understanding between Tompkins County, the Town of Dryden, and the Town of Ithaca dated October 29, 2021, a trail crossing plan on Game Farm Road has been commissioned. The plan shall include the following: 1. Rationale for selection of an at -grade crossing 2. Study shall be conducted at the current speed limit 3. Trail ingress and egress control 4. Signalization and signs 5. Crosswalk striping 6. Trailhead parking 7. Shall be prepared by a P.E., reviewed by Town Engineers, and signed off by a NYS PTOE The below Scope of Services has been developed to meet the Towns' and County's objectives. 1. Scope of Services: Task 1: Project Management • Covered under this task will be general project management duties such as project scoping, invoicing, cost and progress reporting, schedule development and other administrative duties not otherwise covered under subsequent tasks. Task 2: Meetings • Assume two (2) design meetings with the Town of Dryden and other stakeholders (Town of Ithaca, Tompkins County Highway Department) consisting of one kick-off meeting and a 75% design review meeting. Meeting notes to be collected and distributed by Barton & Loguidice (B&L). Comments from the Town of Dryden and stakeholders to be addressed and formally responded to. Task 3: Data Collection/Site Visit • Site visit to collect and document existing conditions such as highway signage, pavement widths and markings, existing trail conditions, ADA concerns, sight distance and safety issues, site photographs and other information as appropriate. Page 1 of 4 Game Farm Road Proposal (ID 2489474).docx Task 4: Design • Develop schematic design of new mid -block trail crossing on Game Farm Road (CR 173) in service of establishing a connection between Dryden Rail Trail (DRT) and the East Ithaca Recreation Way (EIRW). Design shall provide for and accommodate safety and accessibility for all users, both along the trail(s) and the highway per NYSDOT, AASHTO, ADA, and NMUTCD design guidelines. o B&L shall provide a design memo/evaluation of alternatives forthe proposed at - grade crossing and project limits of Game Farm Road, documenting any deficiencies and non-standard features. o Provide 75% design plans, details and anticipated cost estimate for review by Town of Dryden. o Design shall include: ❖ Recommendations for geometric improvements to Game Farm Road to satisfy design and safety guidelines ❖ At -grade mid -block trail crossing connecting DRT & EIRW within CR 173 right-of- way ■ Associated signage and striping improvements • Consideration for RRFB or other pedestrian beacons ■ Trail ingress & egress control in coordination with stakeholders (e.g. removable or permanent bollards) Task 5: Final Plans • Following the Town of Dryden and stakeholder review of the 75% plans and design memorandum, B&L shall address any comments and progress final plans. Task 6: QA QC • Internal quality assurance and quality control review. 2. Schedule: B&L shall commence design tasks approximately one month after the planimetric survey of the project limits are received. It is assumed construction of the recommended improvements shall occur in spring/summer 2022. 3. Services not Included (if necessary, can be included under a Supplement Agreement): • SEQRA evaluation and any associated environmental permitting efforts • Coordination with NYSDEC • Coordination with local/private utility providers • Coordination with Cornell University's Master Plan • Design/layout of off-road parking area • Intersection lighting design (photometric analysis) • Consideration of a crossing under the Cascadilla Creek Bridge • Wetland delineation, permitting, mitigation Page 2 of 4 Game Farm Road Proposal (ID 2489474).docx • Hydraulic analysis and/or drainage design • Right-of-way mapping and/or development of acquisition maps (if necessary) • Pedestrian and/or Vehicle traffic volume counts • Crash analysis and calculation of crash rates along Game Farm Road • Corridor Capacity analysis (i.e. Level of Service analysis) • Development of a contract plans and proposal book for potential bidders • Attendance/Participation in Public Information Meetings • Attendance/Participation in Town Board Meetings • Construction Administration/Inspection 4. Technical Assumptions: • Project limits shall consist of Game Farm Road from Ellis Hollow Road to Stevenson Road • Planimetric survey of entire project limits to be provided to B&L for layout of the proposed crossing improvements and evaluation of roadway re -profiling to address sight distance safety concerns. • Only one preferred alternative shall be evaluated, an at -grade mid -block crossing. Included in this alternative shall be any improvements recommended to Game Farm Road to meet design standard, namely the development a new vertical road profile to address sight distance deficiencies. • Proposed at -grade crossing and associated recommended improvements to Game Farm Road within the project limits shall satisfy the appropriate design standards for the facility type (Urban Collector) and design speed. • Proposed design shall be developed in accordance with most recent ADA, AASHTO, and NMUTCD design criteria/guidelines • Proposed Plan/Report shall be developed by a NYS Professional Traffic Operations Engineer. • Plan sheets shall be developed utilizing MicroStation drafting software, not AutoCAD. 5. Services/Data to be provided by the Town/County: • Any available record plans or mapping, preferably in electronic format. o Record plans from bridge replacement over Cascadilla Creek (2017) o Record plans of EIRW trail construction o Developmental plans of DRT adjacent to Game Farm Road • Existing Survey and right-of-way digital mapping files 6. Fee Proposal: The Time & Expense fee proposal for this Work Order is $15,430.00 7. Statement of Project Budget: No Project budget has been established. Page 3 of 4 Game Farm Road Proposal (ID 2489474).docx Sincerely, Matthew J, Schooley, P, E, Principal Barton & Loguidice, D.P.C, is hereby authorized by the Town of Dryden to, proceed with the services described hereiin in accordance with the existing Term, Agreement, Signature Printed Name of Authorized Signature Representative, and Title Page 4 of 4 Ga ITIP, Piaui R o acl P roposa 110 1) 24 844 14 B A Dcx Daite STANDARD TERMS AND CONDITIONS for PROFESSIONAL ENGINEERING SERVICES provided by BARTON & LOGUIDICE, D.P.C. ("ENGINEER") The OWNER and the ENGINEER, for themselves, their successors and assigns, have muutually agreed and do agree with each other as follows: 1.0 Basic Agreement Engineer shall provide, or cause to be provided, the services set forth in the proposal to which these terms and conditions are attached (PROPOSAL), and Owner shall pay Engineer for such Services as set forth in PROPOSAL. The PROPOSAL, in conjunction with these terms and conditions, is referred to herein as "Agreement". 2.0 Payment Procedures Engineer will prepare a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to Owner. Invoices are due and payable within 30 days of the date of the invoice. If Owner fails to make any payment due Engineer for services and expenses within 30 days after the date of Engineer's invoice, the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest pern fitted by law, if less) from said thirtieth day. In addition, Engineer may, without liability, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. 3.0 Additional Services If mutually agreed by Owner and Engineer, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth in the PROPOSAL if requested by the Owner. Owner shall pay Engineer for such additional services as follows: (1) as mutually agreed by Owner and Engineer, or (2) an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. 4.0 Termination If Engineer's services related to the project are ternrinated for any reason, Engineer shall be compensated for time plus reasonable expenses associated with demobilizing personnel and equipment, and, if requested in writing by the OWNER, for completion of tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 5.0 Controlling Law This Agreement is to be governed by the law of the state in which the Project is located. 6.0 Successors, Assigns, and Beneficiaries Owner and Engineer each is hereby bound and the partners, successors, executors, adnrin istrators, and legal representatives of Owner and Engineer (and to the extent pernritted herein the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.0 General Considerations A. The standard of care for all professional engineering and related services perfornmed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under sinrilar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Engineer and its consultants may use or rely upon the design services of others, including, but not linrited to, contractors, manufacturers, and suppliers. B. Engineer shall not at any time supervise, direct, or have control over any contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. D. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer's own agents, employees, and Consultants) at the Site or otherwise furnishing or perfornring any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. E. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. F. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer pursuant to the PROPOSAL, whichever is greater. G. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials) except as may be specifically defined in the Scope of Services. If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (i) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. H. The services to be provided by Barton & Loguidice under this Agreement DO NOT INCLUDE advice or recommendations with respect to the issuance, structure, timing, terms or any other aspect of municipal securities, municipal derivatives, guaranteed investment contracts or investment strategies. Any opinions, advice, in fornmation or recommendations provided by Barton & Loguidice are understood by the parties to this Agreement to be strictly engineering opinions, advice, information or recommendations. Barton & Loguidice is not a "municipal advisor" as defined by 15 U.S.C. 78o-4 or the related rules of the Securities and Exchange Commission. The other parties to this Agreement should determine independently whether they require the services of a municipal advisor. 8.0 Dispute Resolution Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice by either party of the existence of the dispute. If the parties fail to resolve a dispute through negotiation then Owner and Engineer agree that they shall first subnrit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by a mutually acceptable mediator. Owner and Engineer agree to participate in the mediation process in good faith and to share the cost of the mediation equally. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. 9.0 Accrual of Claims All causes of action between the parties to this Agreement including those pertaining to acts, failures to act, failures to perform in accordance with the obligations of the Agreement or failures to perform in accordance with the standard of care shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts, failures to act or failures to perform occurring prior to Substantial Completion, or the date of issuance of the Notice of Acceptability of Work for acts, failures to act or failures to perform occurring after Substantial Completion. 10.0 Total Agreement This Agreement constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. In the event of a conflict with contractual provisions in a Purchase Order authorization related to this Agreement, the provisions of this Agreement shall control. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Setting public hearings rmardin2 proposed local laws for a monetary lift to the City of Ithaca for support Cass and Stewart Parks; adding Chapter 220 to the Town of Ithaca Code to regulate food trucks, amending Chapter 250 of the Town of Ithaca Code to add 3 -way stop at Forest Home Dr/Arboretum Rd intersection and No Parking Sims on a portion of Game Farm Rd Resolved, that the Town Board will hold public hearings at its meeting on Monday, February 14, 2022 at 5:30 p.m. to hear all interested parties on proposed local laws for the following: a. A proposed local law authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities. ($58,000) b. A proposed local law adding Chapter 202 to the Town of Ithaca Code, "Food Trucks", to regulate food trucks in the Town of Ithaca c. A proposed local law amending Chapter 250 of the Town of Ithaca Code to: i. Add 3 -way Stop signs at Forest Home Drive / Arboretum Road Intersection ii. Install No Parking Signs on Game Farm Road Details on the proposed local laws will be available from the Town Clerk's office and on the Town's webpage. Moved: Seconded: Vote: ayes — DRAFT 1/4/2022 GENERAL REFERENCES Noise See Ch.. 184. Zoning See Ch. 270. Chapter 202 Food Trucks Lighting, Outdoor Ch.- 173 Bldg. Contr., and Fire Prevention Ch -125 § 202-1 Purpose. The purpose of this chapter is to regulate food trucks within the Town of Ithaca in a manner that protects the public health, safety, and welfare, while also providing a degree of flexibility for additional food vendors and sales. This chapter describes the permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 270 entitled "Zoning" and Chapter 125 entitled "Building Construction and Fire Prevention". § 202-2 Definitions. The following terms shall, for the purposes of this chapter, have the meanings herein indicated: Artisan Studio Establishment where people make art or products by hand, using handheld tools or tabletop/benchtop equipment. Commercial recreation: indoor or outdoor Establishment or facility that is not part of a civic use, that provides an indoor or outdoor recreation or entertainment -oriented activity to the public with or without a fee, as an ongoing principal use. Examples of activities that may be part of this use include: indoor fun center, bowling center, video/game arcade, laser tag, paintball, airsoft, movie theater, downhill skiing, cross country skiing, swimming pool, tennis court. Food truck A mobile food service operation located in a licensed motorized vehicle or a movable cart, stand, or trailer and from which food is prepared and/or cooked for purposes of selling or distributing in individual portions to the general public directly from the vehicle, cart, stand or trailer for consumption on or off of the premises. Food truck operator Any person owning or having control of the use of a food truck, including their respective employees and DRAFT 1/4/2022 agents. Industrial use: low impact Manufacture mostly from previously prepared materials, preparation, processing, or repair of products for distribution or sale; with no detectible offsite impacts. Person Any individual, association, organization, partnership, firm, corporation or other entity recognized by law. Private club / lodge Facility of a nonprofit private club or organization, mostly open only to club members and their guests. (Examples: service or lodge -based organization, social club, veterans' club, labor union.) Professional office Establishment that provides professional, administrative, clerical, outpatient medical or allied health care, veterinary, or technology services. Research / laboratory Establishment conducting scientific research, investigation, testing, or experimentation. It may also include related manufacture or sale of products incidental to the main purpose of the laboratory. Retail and service: general Establishment that sells or rents a physical or intangible product to the public, or provides a service to customers onsite. Restaurant / cafe / bar Establishment that prepares and serves meals or drinks to customers onsite or delivery offsite. School: primary / secondary NYS recognized school for primary or secondary (K-12) education School: college / university / vocational NYS recognized school for post -secondary, graduate, doctoral, professional, or vocational education. § 202-3 Permit required. A. It shall be unlawful for any person to operate a food truck within the Town of Ithaca outside the Village of Cayuga Heights without having obtained a food truck permit in accordance with the provisions of this chapter. The use of vehicles that fall under the New York State Uniform Fire Prevention and Building Code's definition of "mobile food preparation vehicles" also requires an operating permit, in accordance with the provisions of Town Code § 125-8. B. Any person desiring to operate a food truck shall make a written application for a food truck permit to the Town of Ithaca Code Enforcement Department. The application for a permit shall be made on forms provided by the Town of Ithaca and shall include the following information: 2 DRAFT 1/4/2022 (1) Name, signature, telephone number, e-mail address, home address, and business address of the food truck operator, including the owner of the food truck. (2) A description and photograph of the food truck, including the license plate and registration number (where applicable), and dimensions (length and width). (3) A valid copy of the Tompkins County Health Department permit for a mobile food service operation. (4) Address of the property the food truck will be located on and name of the property owner. (5) Written documentation that the applicant has been provided authorization from the property owner for the operation and location of the food truck on the property. (6) A sketch plan including details sufficient to demonstrate compliance with this chapter. (7) Required application fee in accordance with the fee schedule established by the Town Board. C. The Code Enforcement Officer shall approve and issue a food truck permit if: (1) The applicant demonstrates compliance with the requirements of this chapter; (2) The required food truck permit fee has been paid; and (3) No notices of violation are pending on the property. D. Food truck permits may be issued to operate on an approved location on a tax parcel for up to 180 days per calendar year, in accordance with this chapter. Permits expire on the food truck's 180th day of operation in a calendar year, or on December 31 of the year for which it was issued, whichever is earlier. If the food truck use is ancillary to a restaurant use, where the food truck and restaurant are owned by the same person, there shall be no limit on the number of days of operation and the permit shall expire on December 31 of the year for which it was issued. Permittees who wish to have a permit for the subsequent calendar year must submit a new application pursuant to the provisions of this section. E. A permit is effective upon approval by the Code Enforcement Officer. F. A food truck permit is not transferable. 202-4 Siting. A. Food trucks permitted under this chapter shall only be located on private property, unless otherwise approved/permitted in accordance with this chapter. B. Food trucks shall only be permitted as an accessory use in conjunction with the following principal uses: Agricultural use, which may include agricultural retail sales DRAFT 1/4/2022 • Veterinary hospital/clinic • Private club/lodge • Farm retreat • Adult care facility • Child day-care center • Research facilities principally dedicated to research in agriculture or animal husbandry • Clinic and nursing or convalescent home or elder care center • Equestrian facility • Church or other places of worship • School: primary / secondary • School: college / university / vocational • Public library • Public museum • Nursery school • Hospital • Fire station, emergency medical services, or other public building necessary to the protection of or the servicing of a neighborhood • Roadside stand • Retail and service: general • Artisan Studio • Bank • Professional Office • Hotel or motel • Commercial Recreation: indoor or outdoor • Restaurant/ cafe/bar • Vehicle fuel sales station • Farmers Market • Boat harbor and marina • Visitor center for tourists • Research/laboratory • Indoor warehousing and indoor storage facilities • Industrial use: low impact • Medical Offices or services C. Food trucks may only be sited on the property at the location designated on the permit. D. Food trucks shall be located a minimum of 15 feet from a side yard or rear yard property line, when the parcel is located within or contiguous to a residential zoning district. This minimum setback does not apply to a side yard or rear yard property line that abuts a private street. E. Food trucks shall be located a minimum of five feet from the edge of any driveway, utility box or vault, mobility ramp, building entrance, exit or emergency access/ exit way. M DRAFT 1/4/2022 F. Food trucks must be located in a location that ensures adequate ingress and egress from the property to prevent traffic congestion or safety hazards. G. Food trucks must be located so as to not obstruct or interfere with the free flow of pedestrian or vehicular traffic, not restrict visibility at any driveway or intersection, and not unreasonably interfere with the activities of other businesses or otherwise interfere with other lawful activities or violate any statutes, ordinances, laws or regulations. H. Food truck operators must demonstrate that a minimum of four parking spaces are available on the lot (or on an immediately ad)acent lot with the ad)acent lot owner's written permission) to serve the food truck, and that such spaces are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of another business or activity that is operating at the same time as the food truck operation. I. Food trucks must be located at minimum 100 feet away from the entrance of a brick and mortar restaurant unless the food truck is operated or owned by the same person who owns said brick and mortar restaurant. Notwithstanding the foregoing, a food truck may be located on the brick and mortar restaurant's lot with consent of the brick and mortar restaurant owner. § 202-5 Operations. A. Food truck operators shall maintain a valid Tompkins County Health Department permit for a mobile food service operation and shall operate the food truck in conformance with all applicable health standards. B. The following shall be conspicuously posted in public view on the food truck at all times: the Tompkins County Health Department permit; the Town of Ithaca food truck permit; and (if applicable) the Town of Ithaca operating permit. C. Signage. All food trucks shall be permitted a single freestanding sign not greater than six square feet in size, which may be placed only when the food truck is in operation and shall be located on the same tax parcel as the food truck. Additional signs are allowed as follows: (1) There shall be no limit on the size or number of signs affixed to or located on the food truck. (2) Signs affixed to food trucks shall not be mounted perpendicular to the food truck and shall not protrude beyond the edges of the food truck. D. Food truck operators shall provide trash and recycling receptacles within 10 feet of their food truck. A food truck operator is responsible for the proper processing of waste, trash and recyclable materials associated with the operation of the food truck. Operators shall remove all waste, trash and recyclable materials from their approved locations at the end of each day or more frequently as needed to maintain the health and safety of the public. The food truck operator shall keep all areas, including any associated seating areas, clean of grease, trash, paper, used cups or cans associated with the operation. No liquid waste or grease shall be disposed in or on streams, wetlands, storm drains, lawns, sidewalks, DRAFT 1/4/2022 streets, or other public space or in septic tanks not equipped with agr ease trap. Liquid waste and grease disposal into the sanitary sewers may occur only with written approval of the Ithaca Area Wastewater Treatment Facility and in accordance with all laws, rules and regulations regarding such disposal. E. Any lighting provided shall comply with Town Code Chapter 173 titled Lighting, Outdoor. F. Tents are prohibited. Awnings are only permitted if they are attached to the food truck. Umbrellas are only permitted if they are attached to a table. G. The food truck operation shall comply with Town Code Chapter 184 titled Noise. H. Food trucks shall comply with Town Code Chapter 205 titled Property Maintenance. I. Food trucks and associated outdoor seating, if any, shall be removed from all permitted locations upon expiration or revocation of the permit. § 202-6 Exceptions. A. Special permit procedure for public property. The Town Board may, from time to time by resolution, establish procedures for issuance of permits to locate food trucks on Town -owned property, and such permits, if authorized by the Town in its discretion, shall not be subject to § 202-3.D, and §§ 202-4.B, H and I. Such special permit shall be issued in accordance with the process identified in Subsection B below. B. Special event, residential block event, neighborhood celebration/ festival, or private residence event. The Town Board may, by resolution, authorize Town Code Enforcement Officers to issue a food truck permit in a residential neighborhood or at a residential property for a special event, a residential block event, a neighborhood celebration/ festival, or a food truck event at a private residence. Such permit shall only be valid for the period of time identified by the Town Board and shall not be subject to § 202- 3.D, and §§ 202-4.A, B, H and I. The Town Board shall only authorize said food truck use after consultation with the Director of Public Works and the Director of Code Enforcement and pursuant to the following procedure. (1) Such permit may be granted in those circumstances where the applicant demonstrates that on balance the need for and benefits of the food truck permit outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. In determining whether to grant a food truck permit, the Town Board shall consider factors including but not limited to: the volume of the noise; volume of increased traffic; the proximity of the food truck to sleeping facilities; the time of day or night the food truck operates; the time duration of the food truck operation; the impact of the food truck operation on persons living or working in different places or premises who are affected by the food truck operation; whether food truck operations create more noise, fumes, illumination, or other potential nuisances than the operation of any permitted use in the particular zone; and whether the site layout with the proposed food truck operations will safely accommodate vehicular, bicycle and pedestrian access, traffic circulation, parking facilities, and 0 DRAFT 1/4/2022 emergency vehicle access. i. Permit procedure, fee. 1. An application for such a permit shall be filed with the Town Clerk no less than 21 days before the anticipated need and shall provide the following information: a. The name of the applicant. b. The name (if any) of the food truck as identified on the vehicle, cart, stand, or trailer, and the name of the food truck operator for compliance with the permit, if different from the applicant, which shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. c. Plans, specifications, and layout of the food truck operation. d. Abatement and control methods to be used for the food truck operation to reduce the impact on the surrounding areas, if necessary. e. Date and time schedule that the food truck operation will occur. f. Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. (2) The Town Board may in its sole discretion waive the application filing requirement of 21 days upon good cause shown or for other unique, special or extenuating circumstances. (3) At the time of the filing of the permit application or applications, the applicant shall pay the Town a nonrefundable fee as set from time to time by Town Board resolution. (4) Applications may be submitted simultaneously by a single person, representative or agent thereof for food truck operations occurring at a single address within a consecutive six-month period. Food truck operations of a similar scope may be listed on one application. All applications shall be reviewed, and determinations shall be rendered on each application. The Town Board may make different decisions and impose different conditions on individual food truck operations contained within an application for multiple food truck operations. (5) A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the impacts that might occur by the exercise of the privileges granted by the food truck permit. If a permit is issued, a copy of the permit stipulating any and all condifions imposed by the Town Board shall be furnished to the Tompkins County Sheriffs Department and the Tompkins County Health Department by the Town Clerk, 7 DRAFT 1/4/2022 simultaneously upon the issuance of the permit to the applicant. (6) The Town Board may, in its sole discretion, waive the holding of a public hearing upon good cause shown or for other unique, special or extenuating circumstances. (7) Where applicable, the food truck operator shall also apply for a noise permit pursuant to Town Code Chapter 184, titled Noise. § 202-7 Violations. A. Any of the following shall constitute a violation of this chapter: (1) Failure to properly obtain and/or properly display a valid food truck permit. (2) Fraud or misrepresentation contained in the permit application. (3) Fraud or misrepresentation made in the course of operating the business. (4) Conduct that creates a public nuisance, or otherwise constitutes a danger to the public health, safety, welfare. (5) Failure to comply with the food truck permit or any other provisions of this chapter. § 202-8 Suspension or revocation of a permit. A. The Code Enforcement Officer may issue a notice of intent to suspend or revoke a food truck permit for any violation. The notice of intent to suspend or revoke shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected. B. The notice of intent shall be provided to the permit holder by personal service, by regular mail to the address submitted with the permit application, or by posting at the place of business of the food truck. C. If the permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit. D. A permit holder shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk demonstrating that the permit holder was not in violation of the permit. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permit holder's receipt of the notice of intent or of posting, whichever occurs earlier. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permit holder's written request, the Town Board shall hold a hearing to determine whether to reverse the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing. § 202-9 Enforcement and administration A. The requirements established by this chapter shall be administered and enforced by the Town of Ithaca Code Enforcement Officer or their designee and such other employees and/or officials authorized by the DRAFT 1/4/2022 Town Board. B. Whenever the Code Enforcement Officer finds that there has been a violation of this chapter, or any rule or regulation issued in connection therewith, the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about the food truck or its premises in violation of this chapter, or any rule or regulation issued in connection therewith. C. An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this chapter, or any rule or regulation issued in connection therewith; shall specify the provisions of this chapter or any rule or regulation issued in connection therewith which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within seven days after the date of the order to remedy; the order may direct the person served with the order to begin to remedy the violation (s) immediately or within some other stated period of time that can be less than seven days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time. D. The order to remedy, or a copy thereof, may be served by personal service within five days of when the inspection occurred and a violation was observed, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any property owner, food truck operator, or any other person taking part or assisting in the operation of a food truck at the affected property personally or by registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order to remedy. E. Pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Code Enforcement Officers of the Town of Ithaca are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Ithaca, when they have reasonable cause to believe a person has violated, in their presence, Chapter 202 of the Code of the Town of Ithaca, entitled "Food Trucks," and to prosecute the violation in Town Court. § 202-10 Penalties for offenses. A. Any person who violates any provision of this chapter, any rule or regulation issued in compliance therewith, any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a fine of not less than $200, or imprisonment not to exceed 15 days, or both. Each day such violation continues shall constitute a separate violation. 9 DRAFT 1/4/2022 B. Civil penalties. Any person who violates any provision of this chapter, any rule or regulation issued in compliance therewith, any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be liable for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca. C. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any rule or regulation issued in connection therewith, or any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. Such remedy shall be in addition to penalties, fines and other remedies otherwise prescribed by law. D. Remedies Not Exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this section, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law. E. Conviction of a violation of this chapter shall constitute and effect an immediate forfeiture of any permit hereunder held by the person so convicted. 10 V � 0 Q W cu Q V _ V o0 O N Oiti C- 0 O V \ U fo N Lri oma 4 i z� MO V N (� fu CD cu 4A O Ep�hcV �OZ O v %+—o Q Oo L C— TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2022 A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED "VEHICLES AND TRAFFIC," BY ADDING STOP SIGNS AT THE FOREST HOME DRIVE / ABORETUM ROAD INTERSECTION Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Pursuant to New York Vehicle and Traffic Law § 1660, New York Town Law § 130, and New York Municipal Home Rule Law § 10(2), Chapter 250 of the Town of Ithaca Code is hereby amended as follows: Schedule A at the end of Chapter 250, which Schedule is designated as "250 Attachment 1," entitled "Stop Intersections" and referred to in § 250-18 of said Chapter, is amended by adding to the list in Schedule A the following entry: "On Forest Home Drive, eastbound approach" "On Forest Home Drive, southbound approach" and "On Arboretum Road, westbound approach" Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. Adopted July 8, 2019 MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 — : Establish Stipend amount for Conservation Board Members and authorize associated Budget Amendment Whereas, at meetings on September 27, and November 8, 2021, the Town Board discussed a request from the Conservation Board for a stipend to help defray expenses related to service on the Conservation Board, and Whereas, on December 13, 2021, the Town Board held a public hearing and adopted a local law amending Town of Ithaca Code Chapter 23, Conservation Board, authorizing compensation for Conservation Board members (but not associates) based upon a stipend per meeting attended; and Whereas, the Town Board wishes to establish the rate of the stipend, now therefore be it Resolved, that the Town Board hereby establishes a stipend for Conservation Board Members (not Associate Members) at $40.00 each per monthly meeting attended; such payment to be made at least once annually; and be it further Resolved, that the Town Board establishes the Budget Line B8020.432 (Conservation Board Stipends) and authorizes the Finance Officer to transfer $4,500.00 from Line B8020.403 (Planning Study) to Line B8020.432 (Conservation Board Stipend). Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD January 10, 2022 TB Resolution 2022 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. 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 Reserve Account Moved: Seconded: Vote: Ayes — TB Resolution 2022 - : Approval of Town Board Minutes Resolved, that the Town Board hereby approves the draft minutes of September 13th and 27th 2021, with non -substantial corrections suggested by the Board made. TB Resolution 2022 - : Designation of Official Depositories of Town Funds Resolved, that the Town Board hereby designates Tompkins Trust Company and the National Bank of Groton as the official depositories for all funds received by all Town Officials and Town Departments for 2022 TB Resolution 2022 - : Designation of Official Newspaper Resolved, that the Town Board hereby designates the Ithaca Journal as its Official Newspaper for legal notices to the public for 2022 TB Resolution 2022 - : 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 2022 are approved as follows: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Finance Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, David Klein $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 TB Resolution 2022 - : Increasing the Parks, Recreation and Open Space Plan account Whereas, the Parks, Recreation and Open Space Plan account 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, this Town Board indicated its intention to increase the Parks, Recreation and Open Space Plan account by the amount of $100,000 in the 2022 Ithaca Town Budget; now, therefore, be it Resolved, that this governing Town Board hereby designates an additional $100,000 of unreserved Fund Balance of the General Townwide Fund for the Parks, Recreation and Open Space Plan account, and be it further Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to transfer $100,000 from the General Townwide Fund account to the Parks, Recreation and Open Space Plan account.