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.
Moved:
Vote:
Seconded:
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* 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.