HomeMy WebLinkAboutTB Minutes 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.oa,'i,T'uk"e
LIlnl� and M ZOO. 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 at 5:30 p.m.
Meeting was held virtually - EO11.8 and Local Law 09 of 2022 via ZOOM and YouTubeLive
MINUTES
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources;
Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; Joe Slater, Director
of Public Works; Donna Shaw, Director of Finance; and Dan Thaete, Director of Engineering
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
Elizabeth Sanders addressed the Board regarding the new streetlights saying that she was
shocked at the brightness of the new lights and they can keep you from sleeping as well as being
bad for birds and insects. She asked what kind of research was done prior to the decision of
installing them and the brightness and the costs.
She stated that she had sent research and messages to members of the Board.
Mr. Howe responded that he thought answers to these inquiries had been shared via email, and
the Town has done research. He stated that if there was an additional question that has not been
answered, to please submit it and Mr. Goldsmith will respond.
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
Mr. Howe reported that there is no SEQR for this and the action is considered an emergency
project. He added that the management for the Ithaca Area Wastewater Treatment Facility has
changed, and they are beginning to look at asset management and longer -term needs.
Mr. Rosen added that the SJC received a lot of information on this, and the boiler is at the failure
point.
Mr. Goodman added that this will be the first of many needs, repairs and upgrades the ailing and
old facility will need in the future with Mr. Thaete adding that all the boilers are in disrepair and
need to be replaced.
TB 2022-08-08 (Filed 11/8) g. 1
Mr. Howe opened the public hearing at 5:32 p.m. There was no one wishing to address the Board
and the hearing was closed.
TB Resolution 2022 - 123: 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: Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen
Moved: Rod Howe Seconded: Rich DePaolo
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 $270,205.00 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
TB 2022-08-08 (Filed 11/8) g. 2
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, 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:
TB 2022-08-08 (Filed 11/8) g. 3
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
$270,205.00 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.
TB 2022-08-08 (Filed 11/8) g. 4
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Eric Levine,
aye; Pamela Bleiwas, aye; Margaret Johnson, aye and Rob Rosen, aye. Unanimous.
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
Mr. Howe reported that he did ask Mr. Zepp about the amount differential between the County
and us and he responded that the County is limited by percentage of appraised value and our
contribution, not to exceed $30k, is to help with the paved parking lot and signage.
TB Resolution 2022 - 124: Authorizing the Supervisor to sign an Agreement with the
Finger Lakes Land Trust to Support the Emerald Necklace Gateway Access Project
Whereas, the Town Board discussed the request for support of the Emerald Necklace Gateway
Project (ENG) from the Finger Lakes Land Trust at its July 1 lth and August 8th meetings, and
Whereas, the Town Board believes the ENG will significantly benefit town residents and goals
as stated in the Town Mission and Vision Statements, now therefore be it
Resolved, that the Town Board authorizes the Town Supervisor to sign an Agreement with the
Finger Lakes Land Trust for monetary support of the Emerald Necklace Gateway Access Project,
not to exceed $30,000.
Moved: Bill Goodman Seconded: Pamela Bleiwas
Vote: ayes — Howe, Goodman, DePaolo, Johnson, Bleiwas, Levine, and Rosen
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
TB Resolution 2022 —125: Setting a public hearing regarding a proposed local law entitled
"A Local Law to Establish a Community Choice Aggregation (Energy) Program in the
Town of Ithaca"
Whereas, the Town has been collaborating with the City of Ithaca, Sustainable Tompkins and the
Community Choice Aggregation (CCA) innovator Local Power, to draft legislation enabling a
local CCA program, and
Whereas, the CCA program is designed to be an innovative, efficient, and affordable way to
engage the local population in achieving time -critical local and state goals for decarbonization
and equity through the aggregated purchasing of renewable electricity and the development of
regional renewable energy projects, and
TB 2022-08-08 (Filed 11/8) g. 5
Whereas, the Planning Committee reviewed and discussed the draft legislation numerous times
and recommended it on to the Town Board for consideration, and
Whereas, the Town Board has determined passage of the legislation will be in the best interests
of the Town and its citizens, now, therefore, be it
Resolved that the Town Board will hold a public hearing at their August 22, 2022 meeting
beginning at 4:30 p.m. regarding the proposed local law entitled "A Local Law to Establish a
Community Choice Aggregation (Energy) program in the Town of Ithaca."
Moved: Rich DePaolo Seconded: Margaret Johnson.
Vote: ayes — DePaolo, Bleiwas, Johnson, and Rosen
6. Discuss potential renovations/upgrades to Mezzanine Rooms for rental purposes
Mr. Howe stated that there are rooms above the court offices we refer to as the Mezzanine and
we have essentially been losing money heating the space for years and he would like to renovate
them and rent them out.
Upgrades would include asbestos abatement, heat pumps, paint, and some attention to the
flooring. These rooms would be rented with the knowledge that there is no ADA accessibility,
which is permitted under these types of circumstances.
The Board was interested in hearing more about costs.
7. Consider approval to sign an agreement with NYPA for streetlight maintenance
Mr. Howe reported that the decision was to go with NYPA for two years and then evaluate how
it went.
Mr. Slater reported that the project has reached the substantial completion stage with 265 lights
installed and staff verifying any lights that may not have been on the original list or were and
were not ours. The next step is to work on the asset management site vendor and. There were
272 lights identified in the registry that NYPA had given to us. There are 265 lights installed.
Now we're going around verifying any lights that didn't make the list or are outlying. We
anticipate soon meeting with an asset management site that gives us the capability of dimming
lights.
Mr. DePaolo asked about insurance coverage in instances such as weather -related damage.
Ms. Drake responded that we have property damage coverage.
Mr. Howe shared locations where streetlights have been dimmed 80% and 50% so those
interested can see the difference(s) and results of the replacement bulbs.
TB 2022-08-08 (Filed 11/8) g. 6
TB Resolution 2022 - 126: 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 not to exceed $15,000 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: Rod Howe Seconded: Pamela Bleiwas
Vote: ayes — Howe, Bleiwas, Goodman, Levine, DePaolo, Rosen and Johnson
8. Discuss Capital Improvement Project (CIP) and Fleet Replacement Schedule
Mr. Slater gave an overview, adding that they are aware of the Green Fleet Policy in the
purchasing equipment for public works, but so far, they have found the price to be either twice as
much as standard equipment or the green option is not yet available.
Mr. Thaete noted that the Town is shifting towards sanitary sewer infrastructure capital projects
and the CIP shows a new category for green energy upgrades.
He said they plan to reach out to a consultant for more of a guide on how to do upgrades now
and in the future with green energy in mind.
Mr. Thaete stated that they are also looking at parks and trails and although the overall CIP
might seem a little high, the Town is using 1.6M of ARPA funding to offset that increase in
2023.
He added that one change to the CIP is an increase of $75K in the New Fueling Station project.
TB 2022-08-08 (Filed 11/8) g. 7
9. Consider Approval of the NYSLRS Reporting Elected Officials Standard Workday
Ms. Drake noted that this is a resolution on a state form that is done when a change occurs, and it
is posted in the lobby.
Mr. DePaolo moved approval with Mr. Levine seconding. Mr. Goodman abstained, saying his
status is the one change and he felt he should not vote on it.
Ayes — DePaolo, Levine, Bleiwas, Johnson, Rosen and Howe Motion passed.
10. Consider Consent Agenda Items
TB Resolution 2022 —128: 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
d. Appointment of ZBZ member - APKER
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — Howe, Goodman, DePaolo, Bleiwas, Levine, Rosen, and Johnson.
TB Resolution 2022 - 128a: Town of Ithaca Abstract 1.5 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
634,604.1.3
Water Fund
67,799.83
Sewer Fund
775.69
Risk Retention Fund
125.00
Fire Protection Fund
341555.36
TOTAL
1,1.1.6,837.90
TB Resolution 2022 - 128b: Bolton Point Abstract
Resolved that the governing Town Board hereby authorizes the payment of the audited vouchers
as listed:
TB 2022-08-08 (Filed 11/8) g. 8
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
$
1.42,379.1.7
TB Resolution 2022 - 128c: Setting a Public Hearing regarding the Southern Cayuga Lake
Intermunicipal Water Commission 2023 Preliminary Budget
Resolved that the Town Board will hold a public hearing at its September 12, 2022 meeting
beginning at 5:30 p.m. regarding the preliminary Southern Cayuga Lake Intermunicipal Water
Commission 2023 Budget, at which time the public may be heard concerning the same.
TB Resolution 2022 - 128d: Appointment of Zoning Board of Appeals Member
Whereas the interview committee interviewed Mark Apker, 132 N. Sunset Drive for the open
position of Regular Member on the Zoning Board of Appeals and recommends his appointment
to the Town Board, now, therefore, be it
Resolved that the Town Board hereby appoints Mark Apker as a regular member completing a
term ending December 31, 2022.
1.1. Reports of Town Officials and Committees
Mr. Howe reported on the alert from the City of Ithaca Fire Department regarding staffing
shortages and the inability to staff the East Hill Fire Station Sunday night.
He said he felt the Town paid a significant amount of money for coverage and when he and Mr.
DePaolo met with Chief Parsons, Chief Parsons announced that he would be stepping down as
Chief at the end of August.
Mr. Howe said a meeting with the City is being set up prior to Chief Parson's stepping down to
discuss this and get clearer information and assurances of continued coverage we pay for.
Mr. Howe reported that Ms. Rosa and Ms. Jordan were on the General Code Honor Roll for their
work with our systems in place her at the Town.
Mr. Goodman reported that the Codes and Ordinances Committee will not be meeting this
month.
Mr. Moseley gave an update on the progress of Open Gov since going live.
TB 2022-08-08 (Filed 11/8) g. 9
MEMEM
Submitted by
Becky Jor an, duty Town Clerk
TB 2022-08-08 (Filed I I e'8) g, 10
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