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HomeMy WebLinkAboutTB Packet 2022-08-08MEETING OF THE ITHACA TOWN BOARD August 8, 2022 at 5:30 p.m. Meetings continue to be held virtually under EO11.8 and Local Law 09 of 2022 via Y ua u�k"e LIlnl� and 'ZOOM. If you are planning to address the Board please join via ZOOM and then 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. Public hearing regarding a proposed Town of Ithaca 2022 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area subject to permissive referendum 4. Consider authorization for Supervisor to sign an agreement with Finger Lakes Land Trust for funding and support for the improvements to park lands associated with the Emerald Necklace Trail project 5. Consider approving Community Choice Aggregation Resolution allowing Town to move forward with next steps with the Public Service Center in collaboration with City of Ithaca 6. Discuss potential renovations/upgrades to Mezzanine Rooms for rental purposes 7. Consider approval to enter into a contract with NYPA for streetlight services 8. Discuss Capital Improvement Project (CIP) and Fleet Replacement Schedule 9. Discuss and Consider Reporting Elected Officials Standard Workday 10. Consider Consent Agenda Items a) Approval of Town of Ithaca Abstract b) Approval of Bolton Point Abstract c) Consider setting public hearing regarding SCLIWC 2023 Budget d) Appoint ZBA Member 11. Report of Town Officials and Committees 12. Review of Correspondence 13. Adjournment MEETING OF THE ITHACA TOWN BOARD August 8, 2022 TB Resolution 2022 - : Public Interest Order - Sewer Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on August 8, 2022, at 5:30 o'clock p.m., Prevailing Time. Present: Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement"), to provide such Improvement to the present Town sewer system, such Improvement to be jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and Town of Dryden, all of which are co -owners of the Ithaca Area Wastewater Treatment Facility ("IAWWTF"), to serve a benefitted area in said Town to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area (the "Sewer Improvement Area"); and Whereas, the Improvement proposed in connection with the establishment of the Sewer Improvement Area consists of replacing the IAWWTF's existing dual fuel boiler with two high efficiency non -condensing packaged boilers, disposal of the existing boiler, and other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of $650,000.00, which is $270,205, it being determined that the additional $379,795 of the $650,000.00 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, 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, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk of said Town prior to the Town Board's July 25, 2022 meeting, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof, and Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of -1- the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Whereas, it is proposed that the cost of the Improvement allocable to the Town shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost; and Whereas, said $270,205 maximum estimated cost, which is the cost of the project to be expended by the Town of Ithaca, shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and utilized therefor; and Whereas, on July 25, 2022, the Town Board of the Town of Ithaca duly adopted an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area, such public hearing to be held on August 8, 2022, at 5:30 o'clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; and Whereas, the Town Board has determined approval, construction and implementation of the Improvement to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQR) for the following reasons: the Improvement involves the purchase of equipment, and the replacement in kind of facilities on the same site; and thus per the SEQR regulations the Improvement will not have a significant adverse impact on the environment, and approval, construction and implementation of the Improvement are not subject to review under SEQR; and Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve the area to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: -2- Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area and to authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area is hereby established and authorized at a maximum estimated cost to said Sewer Improvement Area of $270,205.00. Said Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of the property within said Sewer Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within said Sewer Improvement Area. Section 2. The proposed Improvement shall consist of replacing the IAWWTF's existing dual fuel boiler with two high efficiency non -condensing packaged boilers, disposal of the existing boiler, and other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of $650,000.00, which is $270,205, it being determined that the additional $379,795.00 of the $650,000.00 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden. The proposed method of apportioning the costs of the Improvement should not be changed. The method of financing of said cost by the Town of Ithaca shall be by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in- aid may be received and utilized therefor. Section 3. It is hereby determined that the estimated expense of the 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 any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4. 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 resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the date this resolution 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 Improvement. Section 5. It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6. This resolution is adopted subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. -3- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: The resolution was thereupon declared duly adopted. m Agreement Emerald Necklace Project This Agreement is made this day of , by and among, The Finger Lakes Land Trust, Inc, a New York Not -For -Profit corporation, of 202 East Court Street, Ithaca, New York, 1.4850 (hereinafter Land Trust), and the Town of Ithaca, a New York municipal corporation with offices at 215 North Tioga Street, Ithaca, New 14850 (the Town). Recitals a. In October 2021, the Land Trust acquired the 7.3-acre Overbaugh property to ensure continued public access to the Finger Lakes Land Trust areas while providing buffer to this popular recreational resource as well as the nearby Cayuga Inlet and Enfield Creek, and b. This acquisition is significant in that it is adjacent to Robert Treman State Park, the Land Trust's Tapan Mitra Preserve, and additional state park land associated with a planned segment of the Black Diamond Multi -Use Trail and it is part of a 2,000-acre complex of contiguous conservation land that is accessible to all and is directly served by TCAT transit, and This property has been used as an informal public access to natural areas and it is not uncommon to see 10 to 15 cars in the informal parking area adjacent to Route 13 and Enfield Creek. To accommodate continued public access while preventing encroachment into adjacent natural areas, and d. The Land Trust proposes to construct a 24-car parking lot at the site, install a perimeter of boulders, and pave a steeply sloping access to State Route 13, installation a professionally designed wayfinding kiosk. The kiosk will provide information on recreational trails and associated natural resources within the Land Trust's Tapan Mitra Preserve as well as the nearby Sweedler and Thayer preserves and provide information about Buttermilk Falls and Robert Treman State Parks, the Finger Lakes Trail, and the fishery associated with the Cayuga Inlet, and e. Completion of the project will result in safer access for the public while providing visitors with additional information about this area's considerable recreational resources and its compelling natural history, and f. The Town is in the process of rezoning the Inlet Valley Corridor to promote and support agritourism and highlight our natural areas as a destination, and g. The Town is in the process of evaluating its Parks, Recreation and Use report and in doing so published a survey where resident responses were very much in favor of better and safer access to natural areas, and h. The Town has recently completed an extension of the Black Diamond Trail in the vicinity, and i. The Town is a supporter of record of the County's Wayfinding Program, NOW THEREFORE, the parties agree as follows: 1. In consideration of the benefits to Town resident's safety and access to the Land Trust public natural area as described above, and the Land Trust's obligations described in paragraph d above, the Town hereby grants and agrees to pay to the Land Trust the amount of $30,000, to be used for the improvements described in d above, and 2. The Land Trust shall keep the described parking area open to the public in perpetuity. IN WITNESS WHEREOF: The Finger Lakes Land Trust, Inc. By: _ Name: Title: Andrew Zepp Executive Director STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: By: _ Name: Title: Rod Howe Town Supervisor On the day of , in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Andrew Zepp, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , before me, the undersigned, personally appeared Rod Howe, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual, executed the instrument. Notary Public 2 MEETING OF THE ITHACA TOWN BOARD August 8, 2022 TB Resolution 2022 - XXX: Authorization for Supervisor to Sign an Agreement with New York Power Authority Regarding LED Streetlight Maintenance. Whereas, the Town's LED Streetlight Upgrade, which involves purchasing approximately 272 streetlights from NYSEG and working with New York Power Authority (NYPA) to implement the design, purchase, and replacement of the streetlights, is nearly complete, and Whereas, the Town requires a third party to provide essential maintenance services to keep the LED streetlights in working order, and NYPA provides these services for many municipalities across New York State, and Whereas, on October 20, 2021, the Town signed an Authorization to Proceed which authorized NYPA to proceed with creation of a Customer Project Commitment (CPC), which outlines the terms and conditions of the service as well as the projected financial obligations, Whereas, the estimated annual costs over the two-year contract period for routine maintenance and non -routine maintenance are $7,046 and $6,074, respectively, and actual maintenance costs will be re -calculated from a final streetlight inventory upon completion of the LED upgrade, and those costs will be included in the CPC, now therefore be it Resolved, that the Ithaca Town Board authorizes the Town Supervisor to sign the Customer Project Commitment for LED Streetlight Maintenance with New York Power Authority, subject to approval from the Attorney for the Town. 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"0 O.E z 0 0 "0 o N 0 CO C is cn CY) E 'o W otS C 7 tm 0 0 0 O O C) 0 x x x x x x 00 mo E x x x cl) Z cu E _0 w0 E 0 m E (D z 0 CL CL 0 z 0 m (n 0 cu n :F PE u OW, co tli U) co 0) 0 ou LO T— CN cu r 0 * Fol 10 Instructions for completing the Standard Work Day and Reporting Resolution A B C D E F G H I J Name Social NYSLRS ID Title Current Standard Record of Not Pay Tier 1 Security Term Begin Work Day Activities Submitted Frequency Number & End Date Result Efe,cted Officials, John 0000 R11111111 Highway 1/1/2018- 8.00 32.79 Weekly Smith Superintendent 12/31/2019 Michell 1111 R11111111 Town Justice 1/1/2018- 6.25 X Bi-Weekly X eJones 12/31/2018 Appointed'Officials Joseph 2222 R22222222 Planning Board 1/1/2018- 7.00 17.54 Monthly Grey Member 12/31/2018 A. Name: The official's complete first and last name must be included for identification purposes. B. Social Security Number: The last four digits of the official's Social Security Number must be included for identification purposes. For security purposes, the last four digits of the Social Security Number can be omitted from the publicly posted version. C. NYSLRS ID: The official's NYSLRS ID must be included for identification purposes. For security purposes, the NYSLRS ID can be omitted from the publicly posted version. D. Title: All paid elected and appointed officials (who are active members of the Retirement System) and are not paid hourly and do not participate in a employer's time keeping system that consists of a daily record of actual time worked and time charged to accruals must be listed. For the purpose of the regulation, an "appointed official" is someone who is appointed by an elected official, an appointed official or governing board. They hold an office in an organization or government and participate in the exercise of authority. This also includes appointees of elected and appointed officials such as deputies, assistants or confidential secretaries. E. Current Term Begin & End Dates: All officials listed on the Resolution must have a specified Term End date. Leaving this column blank or listing `Tenure/At Pleasure' is not acceptable. If the official does not have a designated term, the current term for the official who appointed them to the position should be used. If they are appointed by the governing board, the chairman of the board's term should be used. F. Standard Work Day: The minimum number of hours that can be established for a standard work day (SWD) is six, while the maximum is eight. A SWD is the denominator to be used for the days worked calculation; it is not necessarily always the number of hours a person works. For example, if a board member only attends one three-hour boarding meeting per month, you must still establish a SWD between six and eight hours as the denominator for their record of activities (ROA) calculation. G. Record of Activities Result*:This column must be left blank if an official does not submit their required sample three-month ROA. To determine the average number of days worked per month, you must divide the total number of hours documented on the three- month ROA by three months to get a one -month average number of hours worked. Then, the one -month average number of hours worked must be divided by the SWD to get the average number of days worked per month. H. Not Submitted: This column must be checked if an official has not submitted the required sample three-month ROA within the 150 day requirement, regardless of whether they are being reported by another employer for the same period. If the Retirement System receives such a Resolution, it will contact the official to notify them of the consequences of not submitted the ROA. I. Pay Frequency: This column should be filled in with one of the following options: Annually, Bimonthly, Biweekly, Monthly, Quarterly, Semi-annually or Weekly. J. Tier 1: If the official is a Tier 1 member, this box should be checked. Tier 1 members are not required to keep a ROA. Once passed, the Resolution must be posted on your public website for a minimum of 30 days or if a website isn't available to the public, on the official sign -board or at the main entrance to the clerk's office. A certified copy of the Resolution and Affidavit of Posting must be filed with the Office of State Comptroller within 45 days of the adoption. The Resolution and Affidavit can be submitted via the Submit Resolution for Official link in Retirement Online. *To determine the number of days worked to include on the monthly report for the various payroll frequencies, please refer to the Calculating Days Worked instructions available in the `Reporting Elected & Appointed Officials' section of our website: http://www.osc.state.ny.us/retire/empioyers/eIected_ appointed_ officials/index. php MEETING OF THE ITHACA TOWN BOARD Monday, August 8, 2022 TB Resolution 2022 — xxx: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town of Ithaca Abstract b. Approval of Bolton Point Abstract c. Consider setting public hearing regarding SCLIWC Budget Moved: Seconded: Vote: TB Resolution 2022 - xxxa: Town of Ithaca Abstract 15 for FY- 2022 Resolved that the Town Board authorizes the payment of the following audited vouchers in total for the amounts indicated. VOUCHER NOS. 871 - 916 General Fund Town Wide 65,247.50 General Fund Part -Town 756.50 Highway Fund Town Wide DA 5,973.89 Highway Fund Part Town DB 634,604.13 Water Fund 67,799.83 Sewer Fund 775.69 Gateway Trail — H8 Risk Retention Fund 125.00 Fire Protection Fund 341555.36 Forest Home Lighting District Glenside Lighting District Renwick Heights Lighting District Eastwood Commons Lighting District Clover Lane Lighting District Winner's Circle Lighting District Burlei h Drive Lighting District West Haven Road Lighting District Coddin ton Road Lighting District Trust and Agency Debt Service TOTAL 1,116,837.90 TB Resolution 2022 - xxxb: Bolton Point Abstract Resolved, that the governing Town Board hereby authorizes the payment of the audited vouchers as listed: Voucher Numbers: 313-363 Check Numbers: 20408-20458 Capital Impr/Repl Project $ 18,428.00 Operating Fund $ 131,369.40 TOTAL $ 149,797.40 Less Prepaid $ 7.418.23 TOTAL $ 142,379.17 TB Resolution 2022 - xxxc: Setting a Public Hearing regarding the Southern Cayuga Lake Intermunicipal Water Commission 2023 Budget Resolved that the Town Board will hold a public hearing at its August 22/ September 12, 2022 meeting beginning at 4:30 p.m./5:30 p.m. regarding the Southern Cayuga Lake Intermunicipal Water Commission 2023 Budget. at which time the public may be heard concerning the same. Information on the above is available from the Town Clerk's office. TB Resolution 2022-xxxd: Appointment of Zoning Board of Appeals Member Whereas the interview committee interviewed a candidate for the open position and recommends appointing Mark Apker, 132 N. Sunset Drive, as a regular member completing a term ending December 31, 2022; now, therefore, be it Resolved that the Town Board of the Town of Ithaca does hereby appoint Mark Apker, as a regular member completing a term ending December 31, 2022.