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HomeMy WebLinkAboutTB Packet 2022-11-14MEETING OF THE ITHACA TOWN BOARD November 14, 2022 5:30 p.m. For your convenience, this meeting will be also broadcast via YouTube Link and ZOOM 929-436-2866 Meeting ID 98910958241 AGENDA 1) Call to Order and Pledge of Allegiance 2) Persons to be Heard and Board Comments 3) The Ithaca Designated Encampment Site (Tides) proposal presentation 4) Consider setting a public hearing for a Limited Historic Commercial Overlay District 5) Consider relevy of certain Water/Sewer billing 6) Consider setting a public hearing regarding a Public Interest Order for the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement and Improvement Area 7) Consider authorization for the Supervisor to sign a contract for new Finance and Human Resources software 8) Consider authorization for the Supervisor to sign an MOU with Local Power associated with Community Choice Aggregation (CCA) 9) Consider approval of creation of a Code Safety Inspector position and job description 10) Consider authorizing use and acceptance of electronic bidding 11) Consider resolution in support of Operation Green Light 12) Consider Consent Agenda Items a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of Budget Amendments e. Approval of appointment of a Heavy Equipment Mechanic f. Approval of appointment of Senior Heavy Equipment Mechanic g. Approval of appointment of a Laborer - Green h. Approval of appointment of a Laborer - Lake i. Approval of appointment of a Motor Equipment Operator j . Approval of Holiday List k. Consider approval of the 2023 Amended Municipal Cooperative Agreement — GTCMHIC 13) Report of Town Committees/Intermunicipal Organizations 14) Review of Correspondence 15) Executive session to discuss contract negotiations Adjourn Item 4 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 - : Setting a public hearing regarding a local law revising Town of Ithaca Code Chapter 270, Article XV1I IA: Limited Historic Commercial Zones, by replacing it with a section entitled "Limited Historic Commercial Overlay District" and adding references to same throughout the Town of Ithaca Code Resolved that the Town Board will hold a public hearing regarding a local law revising Town of Ithaca Code Chapter 270, Article XV I I I A: Limited Historic Commercial Zones, by adding a section entitled "Limited Historic Commercial Overlay District" and adding references to same throughout the Town of Ithaca Code on. Monday, December 12, 2022 at their regular meeting beginning at 5:30 p.m. held at Town Hall, 215 N. Tioga St, Ithaca, NY, at which time and place all persons interested in being heard on the proposed local law will be heard. Moved: Seconded: Vote: TOWN OF ITHACA ; PLANNING DEPARTMENT MEMO To: Town Board From: Susan Ritter, Director of Planning Date: November 9, 2022 RE: Consideration of setting a public hearing for the proposed replacement of the Limited Historic Commercial Zone with the Limited Historic Commercial Overlay District Attached is an amended version of the Town of Ithaca Limited Historic Commercial Zone (LHCZ), Article XVIIA in the Zoning Chapter of the Town Code. The LHCZ was adopted in 2011 as a means of preserving historically significant buildings/properties by making their maintenance/upkeep more financially feasible through greater flexibility in the types of permitted uses potentially granted to them. Until recently, the Town has never had a request for a LHCZ rezoning. The Town's first application was received earlier this year and it's consideration by the Planning Committee resulted in scrutiny of the LHCZ language. In particular, the committee noted the law's lack of meaningful oversight in assuring some level of preservation and upkeep of historical properties that have been granted a rezoning request. To address this deficiency, the committee and staff took on the task of amending the law to add more oversight provisions. In addition, other elements in the law were identified as warranting revisions and improvements and were also addressed during this time. The resulting work is a significant departure from the current LHCZ, with a new name, the Limited Historic Commercial Overlay District. The name denotes that this is now an overlay district in which the new regulations are superimposed on (apply in addition to (or instead of)) the underlying base zone. Because of the significant changes made throughout the law, a redlined version identifying changes would be too confusing and not useful to board members. Instead, board members interested in comparing the two documents are referred to the Town of Ithaca, NY Limited Historic Commercial Zones (ecode360.com) for review of the existing law and the attached Limited Historic Commercial Overlay District (LHCOD) which is proposed to replace it. Major additions and modification include the following: - Requiring an exterior site conditions assessment performed by a design professional as part of the application process. - Requiring a preservation plan that addresses immediate deficiencies and plans for long term maintenance, as part of the application process. - Significant revisions and updates to the use table. - New provisions and significant revisions to the enforcement and hearing/due process section. Please contact me with any questions or comments about the proposal. Revised 11-8-22 ARTICLE XVIIIA Limited Historic Commercial Overlay District § 270-142.2. Purpose The Limited Historic Commercial Overlay District promotes the preservation, protection, and enhancement of significant historic structures in the Town of Ithaca by enabling more flexibility of the allowed uses of historically significant structures, and their associated property, than what the underlying zone would normally allow. In providing more reuse options, the intent of the Limited Historic Commercial Zone is to help make preservation efforts more financially feasible. § 270-142.3. Overlay district creation and dissolution A. The LHC overlay district works by being superimposed on an underlying base zoning district. The overlay district identifies requirements that apply in addition to (or instead of) those in the base zone. Regulations for the overlay district/zone apply if overlay and base zone regulations conflict. B. The Town Board may create a Limited Historic Commercial overlay district upon application for a specific proposal, following the rezoning procedures in Article XXII, Procedures for Creation of New Zones. Such rezoning to create an overlay district will be considered only for: (1) Buildings or structures that are listed on the New York State and/or National Registers of Historic Places; or (2) Buildings or structures that have been determined to be eligible for listing on said Registers of Historic Places; or (3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca Historic Resources Survey (Final Report for the Intensive Level Survey, September 2005, as it may be revised or updated from time to time). Consideration or approval of the LHC overlay district is not a right even if the structure or property meets the qualifications in (1), (2) and (3) above. C. An application for a LHC overlay zone must include the following elements: (1) A narrative description and justification for the request, to include the following: a. historical significance of the property. b. description of proposed limited commercial use(s) and feasibility of using the building and site for the proposed use. c. compatibility with neighboring and nearby properties and uses. d. how the proposal will help promote and facilitate the preservation and enhancement of the historical property. (2) Conditions assessment performed by a design professional (an architect, certified building inspector, or civil/structural/architectural engineer) preferably having historic preservation experience, to evaluate and document the exterior of the building(s) and site conditions relative to historical and structural integrity. It is the owner's responsibility to hire and pay for the design professional. Exterior and site character defining features to be assessed include, but are not limited to, the following: a. Cladding materials, including trim, architectural details, and attachments. b. Windows and doors, including panes and trim. c. Roof, including gutters and chimney. d. Decks, porches, and/or balconies. e. Grounds specific to elements that are relevant to the historic integrity, such as fences. (3) Preservation Plan a. An approved preservation plan commits the property owner to goals and actions intended to ensure that benefits derived from the limited commercial overlay district rezoning continue to facilitate the preservation and protection of the property's historical and structural integrity. The preservation plan must be approved by the Town Board and its implementation must be a condition of any overlay district approval. The preservation plan is composed of the following components: 1. A plan for addressing and remedying any deficiencies identified in the property site assessment, along with a timetable for completing the repairs, restoration, and/or stabilization that the assessment deemed necessary. 2. A plan for addressing long-term maintenance and upkeep of the property, and any changes or additions to buildings and other historical resources, to ensure the historical and structural integrity of the grounds and building(s). 3. Landowner consent to enter the grounds for annual or biennial exterior inspections. This consent provides the right for the Town official to enter the property following notification (written or verbal) to a property owner of the inspection. b. Proposed modifications to the preservation plan may be approved by the Director of Code Enforcement, except the following modifications must be approved by the Town Board: 1. Modification for proposed alterations (including, for example, materials and architectural elements to be utilized) which, in the judgment of the Director of Code Enforcement or designee, may adversely change the historic character and/or appearance of the building and/or site. 2. A request to extend the preservation plan timetable by more than 3 years. 3. Modifications which, in the judgment of the Director of Code Enforcement, warrant Town Board approval due, for example, to the unique nature, size, or significance of the modification. D. Overlay district enactment and compliance with preservation plan After the overlay district is created, it stays in effect as long as the preservation plan conditions are met. (1) Compliance confirmation letters: a. Compliance confirmation letter will be submitted to the property owner(s) following an inspection confirming satisfactory implementation of the plan components addressing deficiencies identified in the initial site assessment. 1. Codes Department staff will conduct annual progress inspections while deficiencies are being addressed and will have authority to enter grounds for exterior inspection. b. Thereafter, compliance confirmation letters will be submitted to the property owner every two years following a biennial property inspection for properties determined to be satisfactorily implementing their preservation plans. (2) Non-compliance a. The property owner will be notified in writing if the Codes Department finds after inspection that the preservation plan is not being followed and be given 60 days from the date of the letter to initiate corrective action. b. Failure to commence and complete corrective action in the allotted time frame may lead to Town Board dissolution of the Limited Historic Commercial Overlay District zoning following a hearing and due process (See Section § 270-142.9) E. Automatic Overlay District Dissolution (1) The overlay district is automatically dissolved if: a. The historic buildings or structures are demolished, or the historic buildings or structures are destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed values of the buildings or structures in effect before the destruction, or b. The historic buildings or structures in the zone lose any historic designation or eligibility for listing, if applicable. § 270-142.4. Permitted principal uses Permitted principal uses, and related performance standards and special requirements in the base zone, apply in an LHC overlay district. The uses in the following table are also allowed. These provisions consider each of these principal uses as if it stands alone, even if that use is functionally integrated with other defined uses. (Example: if a private club serves food or drinks onsite, these provisions consider the club and food / drink service (restaurant / bar) as separate uses, each subject to conditions for that use) IM (all uses below) • Special permit: Special permit review and approval (Planning Board) are required for any of these uses (except conversion of a non-residential building to a residential use) in C, AG, LR, LDR, MDR, HDR, and MR base zones. • Site plan review: Site plan review and approval (Planning Board) are required when provisions in Article XXIII require them. sm 11) Residential principal l ruses Dwelling unit • Size / floor area: If the base zone also allows one of the uses in this table, maximum floor area in the base zone requirements applies. Otherwise, maximum floor area is limited to the gross floor area of the principal building at the time of overlay district creation. Uses that may expand beyond this area (subject to site plan review and approval) are noted. • Off -site impacts: Externalities (noise, vibration, odor, glare) from normal activity must not be detectible past the property line in C, AG, LR, LDR, MDR, HDR, and MR base zones. This does not apply to normal outdoor activities (examples: people arriving and leaving, playing outdoors, maintenance and groundskeeping). All other related performance standards for the use in the Town Code also apply. This use does not need a special permit. Separate living quarters for living, sleeping, • A principal building may have 1 principal dwelling cooking, eating, bathing, and sanitation by a family. unit per 600 "gross floor area that meets the Live -work dwelling unit Principal dwelling unit, with connected purpose-built space on the ground floor for an allowed nonresidential use definition of "habitable space" in the International Residential Code). This does not apply to buildings that q1 are new, or T do not meet the criteria in 270-142.3 B. • Area: _< 500'2 GFA for a nonresidential use, on the 1st story, with a public entrance separate from living areas. • Occupancy: The dwelling unit must be the proprietor's principal home. • Time: Business hours _> 8:00 AM to _< 8:00 PM. • Use: A nonresidential use in a live -work unit may only be one of the uses below as defined elsewhere in this section. • Day care center • Personal service • Professional office Im 2) I1,,.odgiing Iririnciipal uses �11 Facility with guest rooms for overnight stays by paying guests. An inn has an owner or manager that lives onsite and is available to respond onsite within sixty minutes in the event of temporary absences. Short-term rental uses See 270-5 and 270-219.7 for definition and base requirements. • Guest room occupancy may only be on a daily or longer basis. • Number of guest rooms may be 1 for every _> 500" of habitable floor area (in the building, rounded down). • Provisions in 270-219.7 that do not apply in the LHC overlay district include D(2), E(2)(b), E(2)(e) and Subsection F. N, A principal building may have 1 dwelling unit used for short term rental use. For example, in the case of two principal buildings, each may have one dwelling unit used for short-term rental use. • A unit may be used for unhosted short term rental uses year-round with no maximum time limit for occupancy, subject to special permit review and approval. 3) Coir nmerciiall priinclpall uses Day care center Any of these services to unrelated children or adults in a protective setting. • Child day care (78 NYCRR Subpart 418-7), small day care (78 NYCRR Subpart 418-2), school aged child care (18 NYCRR Part 474). • Adult day health care (70 NYCRR Part 425), social adult day care (9 NYCRR § 6654.20). Mixed residential / commercial Residential and commercial uses sharing the same building or lot. Personal service Providing an intangible product or service to the public or customers onsite. • A residential use must meet the definition and conditions of a dwelling unit as a principal use. (See table category 1: Residential principal uses). • A commercial use is limited to professional office uses in this table category (3: Commercial principal uses). • Maximum employees for commercial uses is 1 per 400" of gross leasable area, rounded down. • Business hours for a commercial use may only be >7:00AMto_<9:00PM. • Does not include 1T repair or modification of tangible products, or T services related to building or mechanical trades, unless the base zone allows these (1 and 2). Use Conditions Professional office Business, administrative or professional offices and facilities, medical, dental, and health and wellness practices not involving any overnight occupancy; municipal or other governmental offices. Retail use • Limited to arts / crafts / design studios or Onsite sale or rental of a physical product to the galleries. Other types of retail uses are not allowed, public. unless the base zone allows it. [Other non -intrusive uses? Uses that should be limited to arterial roads?] Restaurant / cafe / bar • Allowed only on a lot that fronts a major or minor Preparing or serving meals or drinks to customers arterial road (Tompkins County Highway Functional onsite or delivery offsite. Classification). Drive-throughs are prohibited. Retreat / event venue • Allowed only on a lot that fronts a collector road, Use of land and designated structures for gatherings or major or minor arterial road (Tompkins County or events (examples: wedding, private party, Highway Functional Classification). fundraiser event, training event, conference reception). ) Civic �ririnciilrial uses Community workshop Facility for people to learn, experiment, invent, or make things using shared tools and resources, in a collaborative setting. (Examples: makerspace, hackerspace, community kitchen.) Cultural facility • May expand beyond the gross floor area of the Facility for display, performance, or enjoyment of principal building at the time of LHC overlay district heritage, history, arts, or sciences. (Examples: creation, subject to site plan review and approval. museum, non-commercial gallery, library, visitor center, indoor arts performance venue by a public or private entity.) Place of assembly Facility used for public/resident assembly for worship, meeting, government, or community purposes. (Examples: religious or secular congregation, community center, common house, amenity center.) This includes typical ancillary uses. (Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care center, offices.) • May expand beyond the gross floor area of the principal building at the time of LHC overlay district creation, subject to site plan review and approval. sm Private club / lodge Facility of a 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.) School: primary / secondary NYS recognized school for primary or secondary (K- 12) education. • May expand beyond the gross floor area of the principal building at the time of LHC overlay district creation, subject to site plan review and approval. § 270-142.6. Permitted accessory uses and structures. Base zone permitted accessory uses, and related performance standards and special requirements in the base zone, apply in an LHC overlay district. § 270-142.7. Building setbacks and height Minimum and maximum setback and height requirements in the base zone apply on lots in an LHC overlay district. A structure with historic designation but legal nonconforming setback or height may be renovated, expanded, moved, or used more intensively, if non -conforming aspects are not made worse. (Example: a building with a nonconforming 10' front setback may be expanded, but the addition cannot be closer to the front lot line than any other part of the building.) § 270-142.8. Additional special requirements. In addition to the additional special requirements in § 270-122, the following special requirements also apply in a Limited Historic Commercial overlay district: A. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements shall be compatible with the historic and architectural character of the buildings or structures that have been designated or identified as having historic significance as outlined in § 270-142.3. This requirement shall apply to the exteriors of buildings, structures and site elements, not to their interiors. § 270-142.9 Hearing and Due Process A. Inspection by Code Enforcement Officer; report to the Town Board. When in the opinion of the Code Enforcement Officer, a property having a Limited Historic Commercial Zone designation is deemed as not in compliance with the preservation plan because: (1) The preservation plan is not being implemented and repairs are being neglected and deterioration of the property is visibly occurring, or (2) The preservation plan is not being implemented because exterior building alterations, additions, reconstructions, or repairs jeopardize the historical significance and designation of the structure. The Code Enforcement Officer shall report in writing to the Town Board the officer's findings and recommendations. The Town Board will consider the report and, if it finds from the report that there are grounds to believe that the preservation plan is not being followed the Town Board, by resolution, shall order dissolution of the limited historical commercial zone, at which time the property will revert to its underlying zoning designation. The Town Board shall further order that a notice of the order and of the related upcoming public hearing shall be served on the owner or some one of the owner's executors, legal representatives, or any other person having a vested or contingent interest in the property, either personally or by registered mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register. B. Contents of notice. Said notice shall contain the following information: (1) A description of the premises. (2) A statement describing how the preservation plan is not being followed (3) The Town Board's order requiring compliance with the preservation plan pursuant to a specified timetable. (4) A statement that a hearing will be held before the Town Board at a time and place specified in the notice, at which hearing the owner and such persons having an interest in the property or structure may contest the order, and that in the event such owner or persons having an interest shall fail to contest successfully such order or fail or refuse to comply with same or with any amended order that the Town Board may issue after the hearing, the Town Board will dissolve the Limited Historical Commercial overlay district, and the property will revert to its underlying zoning designation. C. Hearing. At the time and date specified in the notice to repair or restore the property the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties that make reasonable attempts to participate are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order; or continue or amend said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work. Item 6 MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga St., Ithaca, NY Tompkins County November 1.4, 2022 at 5:30 p.m. TB Resolution 2022 - XXX: Order Setting a Public Hearing Regarding a Proposed Water 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 2023 Coddington/Troy Pump Station Backup Generator Water Improvement and establishing the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area. Present: Moved: Seconded: 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 water system improvements to be known and identified as the Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement (the "Improvement"), to provide such Improvement to the present Town water system to serve a benefitted area in said Town to be known as Town of Ithaca 2023 Coddington/Troy Pump Station Backup Generator Water Improvement Area (the "Water Improvement Area"); and Whereas, the area of said Town determined to be benefited by said Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Water 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 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, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, 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 Improvement proposed in connection with the establishment of the Water Improvement Area consists of the installation of two (2) backup generators (one next to an existing Town of Ithaca water pump station at 514 Coddington Road, and one next to an existing Town of Ithaca water pump station at 156 Coddington Road) and associated automatic transfer switches as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $250,000; and Whereas, said maximum estimated cost shall be authorized to be financed by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; provided, however, grants-in-aid may be received and utilized therefor; and Item 6 Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water 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 principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, said maximum estimated cost is not greater than one -tenth of one per centum of the full valuation of the taxable real property in the area of the Town of Ithaca outside of any villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement and the establishment of said Water Improvement Area; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval, construction and implementation of the Improvement are a Type II Action because the Action constitutes "purchase of ... equipment" and "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA, and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; now, therefore, be it Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on November 28, 2022, at 4:30 o'clock P.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the official newspaper, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Item 7 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 - : Authorization for the Town Supervisor to Sign a Purchase Agreement for Software Services with Harris Local Government for Finance and Human Resources Whereas, over the past several months, the Finance Officer, Bookkeeper to the Supervisor and Human Resources Manager (Users) have reviewed several software applications to replace the Town's current finance and payroll/human resources programs, and Whereas, Users were provided demonstrations and written quotes by three software vendors of systems/programs, and Whereas, Users reported to the Personnel & Organization Committee need to replace the current system the Town has used for twenty-five years as it no longer meets the needs of the Town and the review process of replacement systems recently conducted, and Whereas, the Users proposed selecting Harris Local Government due to their software functionality, electronic payments and export reporting capabilities that will meet the Town's specific needs, and Whereas, Harris Local Government system has proposed the lowest quote for a Software Purchase Agreement at $14,780 with an additional $18,412.50 for professional services (to install, configure, train and convert Williamson data) and $3,300 for cloud hosting services for a total initial cost of $36,492.50, and an annual maintenance and support fee for 2023 at $3,260.00, and Whereas, the Personnel and Organization Committee recommends to the Town Board the Users selection of Harris Local Government, now, therefore be it Resolved, that the Town Board approves the selection of Harris Local Government as the software provider for finance and payroll/human resources and authorizes the Town Supervisor to execute the Purchase Agreement and related documents, subject to the approval of the Town Supervisor after consultation with the Attorney for the Town. Moved: Seconded: Vote: Item 8 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 - : Approval of an MOU between Town of Ithaca & Local Power LLC MEMORANDUM OF UNDERSTANDING Between Town of Ithaca and Local Power LLC This Memorandum of Understanding is entered into on [Effective Date] between Local Power LLC, located at 91 Mountain St., Haydenville, MA, and the Town of Ithaca, New York, located at 215 North Tioga Street, Ithaca, NY 14850. WHEREAS, Local Power LLC, worked actively with Town Board Members and Staff on the preparation of a Community Choice Aggregation (CCA) program from November, 2021 to July, 2022, funded by a Park Foundation grant administered by Sustainable Tompkins, and has continued to work on a pro Bono basis for the Town from August, 2022 to October, 2022; and WHEREAS, Local Power's work during this time included original drafting of the Town of Ithaca's Local Law establishing a CCA program, as well as the definition of a third -party CCA Administrator to manage the program, based on 9 interviews with Town Board Members and executive staff, ten meetings with the CCA Group including Town Board members and staff, three meetings with interested area municipal Town Boards and staff, as well as outreach to two individual Town Boards, the incorporation of feedback on our implementation plan which resulted in the Local Law and other program documents; and WHEREAS, since the Park Foundation grant expired, Local Power LLC has continued in good faith to work with and for the Town, preparing pro bono presentations of CCA program development and CCA planning documents, and participating in meetings and strategy for the Town, so that it is prepared to present a CCA program for Town Board approval early in 2023; and WHEREAS, The City of Ithaca has entered into a contract with Local Power LLC to prepare a CCA Implementation Plan for submission to the Public Service Commission (PSC), and management of a Request for Proposals (R:FP) operation to procure suppliers for electricity, gas and newly developed Distributed Energy Resources (DER); and WHEREAS, the Town Local Law establishing CCA in the Town, Chapter 1.35, adopted in 2022, outlines the duties of a CCA Administrator, including preparation of CCA plans for the PSC and management of the RFP process, as well as ongoing development of local renewable Distributed Energy Resources, and defines a program design by Local Power LLC to achieve physical decarbonization of energy, including power, heat, transportation and waste; and WHEREAS, the Town does not have funds available to compensate Local Power LLC as a consultant in the manner of the City of Ithaca, and wishes Local Power LLC to continue to prepare the Town's CCA program so as to submit required plans to the PSC; now, therefore; be it Item 8 RESOLVED that, should the Town approve, and Local Power LLC submit the required CCA plans to the PSC, the Town will enter into an Administrator Agreement with Local Power LLC as defined by Chapter 135, subject to negotiation of terms, so that Local Power LLC may issue RFPs for the services required by the Town, and collect data on behalf of the Town, and be it further RESOLVED, that compensation levels to Local Power LLC, which will be paid by participating customers, as well as the duration of Local Power LLC's contract, will be negotiated in good faith, reflecting Local Power's work performed at risk and without Town compensation, based on industry standards and workload, but will consist of payments for gas, electricity and DERs created in the CCA Local Law Chapter 135, and be it further RESOLVED that Local Power LLC is requested and authorized to prepare the CCA 3.0 program created by Town Law Local Chapter 135, and be it further RESOLVED, that this Memorandum of Understanding does not bind the Town to accept Local Power LLC as its CCA Administrator, which decision shall not occur until the Town Board votes on whether to adopt Local Power's CCA Implementation Plan. (Signature copy on file) Moved: Seconded: Vote: FA Item 9 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 — : Creation of Code Safety Inspector Position under Civil Service Whereas, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations, in which the Town must create a position and approve the job description before making an appointment; and Whereas, the Personnel and Organization Committee has reviewed the needs, description and job classification evaluation of a Code Safety Inspector and recommends the creation of the position to the Town Board, now, therefore, be it Resolved, the Town Board agrees with the need for a Code Safety Inspector and hereby establishes the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: 1. The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: 1-(One) — Code Safety Inspector And be it further Resolved, the Town Board does hereby approve the job description as submitted, the D classification in the Office Job Classification system, and the creation and 2023 recruitment of the said position. Moved: Vote: Seconded: Item 10 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 - : Authorizing the use and acceptance of electronic bidding Whereas General Municipal Law 103 authorizes the Town to use electronic bidding for certain procurements, and Whereas the Town has enrolled in BidNet in an effort to increase competition in our bidding process, and Whereas BidNet meets all of the requirements as described in General Municipal Law, now therefore be Resolved, that the Town authorizes the use and acceptance of an electronic bidding process as defined in GML 103. Moved: Seconded: Vote: Item 11. MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022- : Support for Operation Green Light for Active Military Service Members in Transition to Civilian Life (Veteran Status) Whereas, the residents of the Town of Ithaca have great respect, admiration, and the utmost gratitude for all the men and women who have selflessly served their country and this community in the Armed Forces; and Whereas, the contributions and sacrifices of the men and women that served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens; and Whereas, the Town seeks to honor these individuals who have paid the high price for freedom by placing themselves in harm's way for the good of all; and Whereas, New York States Veteran Population has decreased by 44% over the last 20 years; and Whereas, Veterans continue to serve their community in the American Legion, Veterans of Foreign Wars, church groups, civil service; and Whereas, approximately 200,000 service members transition to civilian communities annually; and Whereas, an estimated 20% increase of service members will transition to civilian life in the near future; and Whereas, studies indicate that 44% to 72% of service members experience high levels of stress during transition from military to civilian life; and Whereas, Active Military Service Members transitioning from military service are at a high risk for suicide during their first year after military service; and Whereas, the Town appreciates the sacrifices our United State Military Personnel made while defending freedom and believes specific recognition should be accorded to them in appreciation of their service and to demonstrate the honor and support they have earned; now, therefore be it Resolved, that in observance of Operation Green Light, the Town of Ithaca hereby declares November 6th through Veterans Day the I Ith of each year to be a time to salute and honor the service and sacrifice of our men and women in uniform transitioning from Active Service and encourages its citizens to recognize the importance of honoring all those who have sacrificed to preserve freedom by displaying a green light in a window of their place of business or residence. Motion: Seconded: Votes: ayes - Flo America's counties have a long and proud history of serving our nation's veterans, a legacy that continues to this day as we work with our federal, state and local partners to ensure that the former service members in our communities have access to the resources they need to thrive. This coming Veterans Day, the National Association of Counties (NACo) and the National Association of County Veteran Service Officers (NACVSO) invite the nation's 3,069 counties, parishes and boroughs to join Operation Green Light and show support for veterans by lighting our buildings green from November 7 to November 13. By shining a green light, county governments and our residents will let veterans know that they are seen, appreciated and supported. Visit www.naco.org/operationgreenlight to access the Operation Greenlight for Veterans County Toolkit. • Use the County Toolkit template to pass a resolution declaring your county's participation in Operation Green Light for Veterans. • Coordinate with your county Director of Facilities or Building & Grounds to light municipal buildings in green, Options include using projections, flood lights or wrapping existing lights with a clear green membrane. • Use the templates and social media resources in the County Toolkit to promote the campaign to local press, businesses, county residents and Members of Congress. • Upload details about your county's participation through the form included in the County Toolkit. • Individuals, businesses and community partners can also show support by turning on a green light from November 7 to November 13! `�r rrn llro r r,d , to lo^ irn rnorc, rind r ry Wr 0rsr1' IVA(",(,,)'s 1((.rI t h r r o onfios Item 12 MEETING OF THE ITHACA TOWN BOARD November 14, 2022 TB Resolution 2022 - : Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of Budget Amendments e. Approval of appointment of a Heavy Equipment Mechanic £ Approval of appointment of Senior Heavy Equipment Mechanic g. Approval of appointment of a Motor Equipment Operator h. Approval of appointment of a Laborer — Green i. Approval of appointment of a Laborer - Lake j. Approval of Holiday List k. Approval of the 2023 Amended Municipal Cooperative Agreement — GTCMHIC 1. Appointment of Conservation Board Member TB Resolution 2022 - a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of September 12"', October 61h and October 24`' 2022, with non- substantive changes made if needed. TB Resolution 2022 - b: Town of Ithaca Abstract Resolved that the Town Board hereby authorizes the payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 1188-1280 General Fund Town Wide 113,256.45 General Fund Part -Town 5,961.17 Highway Fund Town Wide DA 3,647.01 Highway Fund Part Town DB 448,396.42 Water Fund 340,755.94 Sewer Fund 184,269.16 Gateway Trail — H8 Risk Retention Fund 622.95 Fire Protection Fund 290,000.00 Forest Home Lighting District 40.98 Glenside Lighting District 12.22 Renwick Heights Lighting District 20.47 Eastwood Commons Lighting District 28.66 Clover Lane Lighting District 3.83 Winner's Circle Lighting District 5.71 Burlei h Drive Lighting District 13.32 West Haven Road Lighting District 52.10 Coddin ton Road Lighting District 30.76 Trust and Agency 16,753.07 Item 12 Debt Service TOTAL 1,403,870.22 TB Resolution 2022 - c: Bolton Point Abstract Resolved that the governing Town Board authorizes the payment of the following audited vouchers for the Southern Cayuga Lake Intermunicipal Water Commission Voucher Numbers: 469-516 Check Numbers: 20565-20612 Capital Impr/Repl Project $ 19,966.98 Operating Fund $ 63,082.13 TOTAL $ 83,049.11 Less Prepaid $ 6„359.89 TOTAL $ 76,689.22 TB Resolution 2022 -: Approval of Budget Transfers, Amendments and Modifications for the Quarter Ending September 30, 2022. Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation accounts for the quarter ending September 30, 2022, and Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications summarized below: General Town -wide Fund Budget Amendment Account Description From To A5031/H Capital Project 30,000 A7145.400 Contractual 30,000 Budget Transfers Account Description From To A1330.410 Conferences & Mileage 700 A1340.420 Dues & Publications 300 A1316.410 Conferences & Mileage 1,000 A1430.429 Management Programs 1,500 A1430.400 Contractual 1,500 A1440.410 Conferences & Mileage 1,000 A1440.451 Vehicle Maintenance 1,000 A1990.499 Contingency Account 3,000 A1460.413 Codification Services 3,000 Item 12 A1650.415 Telephones 7,500 A1620.447 Building Utilities 7,500 Highway Part -Town Fund Budget Amendment Account Description From To DA2665 Sale of Equipment 31,000 DA5130.200 Capital Equipment 31,000 Budget Transfers Account Description From To DA5142.452 Road De -Icing Supplies 68,000 DA5130.200 Capital Equipment 68,000 Highway Part -Town Fund Budget Adjustment Account Description From To DB1120 Sales Tax 460,000 DB9901.907 Debt Service Fund 460,000 Budget Transfer Account Description From To DB1320.401 Auditing Services 1,212 DB1670.437 Xerox Printers/Copiers 850 DB1680.400 Contractual 50 DB 1680.491 Hardware & Equipment 212 DB1680.496 Time Warner Cable RR 100 DB5110.453 Road Repairs 18,000 DB5112.453 Road Repairs 136,000 DB5130.272 Medium Duty Truck 4,608 DB5130.273 Light Duty Truck 683 DB5130.274 Loaders & Backhoes 9,965 DB5130.275 Excavating Equipment 42,500 DB5130.276 Park & Turf Equipment 1,228 DB5140.425 Apprenticeship Program 13,750 DB5112.500 Capital Projects 226,734 Water Fund Budget Transfers Account Description From To F1380.400 Contractual 4,000 F1650.415 Telephone System 4,000 F1380.400 Contractual 700 F1670.437 Xerox Printers/Copiers 700 F1380.400 Contractual 312 F8340.479 Refunds 312 Item 12 Sewer Fund Budget Transfers Account Description From To G1320.401 Auditing Services 2065 G1650.415 Telephone 2065 G8120.272 Medium -Duty Truck 921 G8120.273 Light -Duty Truck 136 G8120.274 Loaders & Backhoes 1,993 G1680.400 Contractual 3,050 G8120.275 Excavating Equipment 500 G1670.437 Xerox Printers/Copiers 500 G8120.275 Excavating Equipment 4,300 G1910.439 Liability Insurance 4,300 G8120.275 Excavating Equipment 3,700 G8120.425 Apprenticeship Program 13,750 G8120.488 Easements 963 G8150.472 Sewage Treatment Charge 18,413 G8120.400 Contractual 1,000 G8120.459 Tools & Equipment 1,000 G8120.476 Pump Station Maintenance 626 G8120.479 Refunds 626 G8120.400 Contractual 800 G8120.415 Telephone 800 Resolved, that the Town Board authorizes the Town Finance Officer to record all budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary. TB Resolution 2022 — e: Approve Appointment of a Heavy Equipment Mechanic Whereas the Interview Committee interviewed four candidates for the vacancy in a full-time position of Heavy Equipment Mechanic for the Public Works Department, and Whereas the Committee has determined that Ben Weber, current Motor Equipment Operator, possesses the necessary knowledge and skills to satisfactorily perform the duties of the position; now, therefore be it Resolved that the Town Board approves the appointment made by the Director of Public Works/ Highway Superintendent of Ben Weber as Heavy Equipment Mechanic, effective October 24, 2022; and be it further Resolved that the position is at 40 hours per week with full time benefits, at the hourly wage of $28.91, which is an estimated annual salary of $60,132, in Job Classification "IV", and be it further Resolved that a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if completed successfully as determined by the Director of Public Works/ Highway Superintendent. Item 12 TB Resolution 2022 — f: Approve Permanent Appointment of a Senior Heavy Equipment Mechanic Whereas, LaVern Morse was promoted and appointed provisionally as Senior Heavy Equipment Mechanic, in August 2019, pending the outcome of the next civil service exam in the title; and Whereas, the Tompkins County Civil Service office has provided the certificate of eligible listing for the said title and LaVern Morse was a reachable candidate; now, therefore be it Resolved that the Town Board approves the appointment of LaVern Morse to the position of Senior Heavy Equipment Mechanic made by the Director of Public Works/ Highway Superintendent retro- active to October 24, 2022, with no change in current compensation or benefits, and be it further Resolved, an eight (8) week probationary period applies with no further action by the Town Board if completed successfully as determined by the Director of Public Works/ Highway Superintendent. TB Resolution 2022 — g: Approve Appointment of a Motor Equipment Operator Whereas the Interview Committee interviewed eight candidates for a vacancy in the full-time position of Motor Equipment Operator (MEO) for the Public, and conducted two second interviews; and Whereas the Committee has determined that Patrick Cornwall possesses the necessary knowledge and skills to satisfactorily perform the duties of MEO; now, therefore be Resolved the Town Board approves the appointment made by the Director of Public Works/ Highway Superintendent of Patrick Cornwall as MEO, at 40 hours per week, with the hourly wage of $27.76, which is an estimated annual salary of $57,740, Job Classification "III", with full time benefits, effective October 31, 2022, and be it further Resolved a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if successfully completed as determined by the Director of Public Works/ Highway Superintendent. TB Resolution 2022 — h: Approve Appointment of a Laborer Whereas there is a vacancy in the full-time position of Laborer for the Public Works Department due to a resignation; and Whereas the Interview Committee has determined that Brandon Green possess the necessary knowledge and skills to satisfactorily perform the duties of Laborer, now, therefore be it Resolved the Town Board approves the appointment made by the Director of Public Works/ Highway Superintendent of Brandon Green as Laborer, effective October 24, 2022; and be it further Resolved the position is at 40 hours per week, at the hourly wage of $23.46, which is an estimated annual salary of $48,796.80 from Public Works account numbers, in Job Classification "II", with full time benefits; and be it further Item 12 Resolved a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if successfully completed as determined by the Director of Public Works/ Highway Superintendent. TB Resolution 2022 — is Approve Appointment of Laborer Whereas there is a vacancy in the full-time position of Laborer for the Public Works Department due to a promotion; and Whereas the Interview Committee has determined that Kyle Lake possesses the necessary knowledge and skills to satisfactorily perform the duties of Laborer; and Whereas Joe Slater, Director of Public Works/ Highway Superintendent, appointed Kyle Lake as Laborer, effective November 28, 2022; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby approve the appointment made by the Director of Public Works/ Highway Superintendent of Kyle Lake as Laborer, effective November 28, 2022; and be it further Resolved the position is at 40 hours per week, at the hourly wage of $21.58, which is an estimated annual salary of $44,886.40 from Public Works account numbers, in Job Classification "I", with full time benefits; and be it further Resolved a mandatory twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Public Works/ Highway Superintendent. TB Resolution 2022 - j: Accept Floating Holiday for 2023 Whereas, an annual poll is conducted of all Town Hall, Public Works Facility, SCLIWC and GTCMHIC employees to determine their preference for the next year's floating holiday for each location; now, therefore, be it Resolved, the Town Board accepts the following Floating Holiday for 2023 as determined from said poll of all four entities as Monday, July 3, 2023 TB Resolution 2022 — k: Approval of the 2023 Amended Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium Whereas, the Town of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and Whereas, the municipal participants in the Consortium, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and the 2023 Amendment that provides for the operation and governance of the Consortium, and Whereas, the Consortium's Board of Directors has recommended approval of the 2023 amended Item 12 agreement, and Whereas, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by each municipal board, Resolved, that the Town of Ithaca approves and authorizes the Chief Executive Officer to sign the 2023 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, Resolved, further, that the Clerk of the Town of Ithaca is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. TB Resolution 2022 - 1: Appointment of Conservation Board Member Resolved, that the Town Board appoints Ingrid Zabel, 121 Honness Lane, Ithaca, to the Conservation Board with a term ending December 31, 2023.