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HomeMy WebLinkAboutTB Minutes 2023-08-14MEETING OF THE ITHACA TOWN BOARD August 14, 2023 YouTube Link Zoom Link AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Weatherization Project Presentation (Report available for review on the Town Laserfiche Repository under Reports to Town Board) 4. TGEN Presentation — Tompkins Green Energy Network Local Distributed Energy Resource Plan for Community Choice Aggregation (CCA) (Attachment 1) 5. Consider a Fee Reduction Request 555 Elm St Ext 6. Consider a resolution authorizing action(s) to acquire easements in the Forest Home 7. Public Hearing regarding a local law to override the 2% Tax Levy a. Adoption. 8. Consider Consent Agenda Items a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Set public hearing re.: adoption of the 2024 SCLIWC (Bolton Point) Budget e) Ratify provisional appointment of Water Treatment Plant Operator Trainee at SCLIWC f) Sale of Surplus Item 9. Report of Town Officials and Committees 1.0. Review of Correspondence 1.1. Adjournment MEETING OF THE ITHACA TOWN BOARD August 14, 2023 MINUTES Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Bill Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson Absent: Eric Levine Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; 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 Mr. Howe opened the meeting at 5:32 p.m. 2. Persons to be Heard and Board Comments Resident, Roat St., spoke concerning the possible sale of RaNic, saying that the golf course was identified within the Town's Comprehensive Plan as an area of special interest and it's an area that has been identified as being worthy of special consideration and right now it is zoned for low density residential and in and with the housing crisis and the need to adapt to climate changes, she asked the Town Board to take a proactive stance in guiding development in the area with a goal of protecting the special environmental features and toward affordability provisions for any development. She said this could be accomplished by the Town purchasing the land by a land trust, adopting a conservation plan or enacting special zoning for the property. The petition states that if this property should cease to be a golf course, at least 50% of the land should be given to the Town or purchased by the Town and used as open space for recreation and preservation for the Town and Village of Cayuga Heights residents. She noted that the property is contiguous with a Unique Natural Area and any remaining land should be developed in accordance with the Comprehensive Plan and have affordable housing for people earning under the median income. She added that the petition did not include the preservation of the old farmhouse and bard and the beautiful old willow trees, but they should be protected, as well as the stream that runs through the property. Resident, Forest Home Dr., spoke about concerns for pedestrians and cyclists in her neighborhood. She said she was disappointed that after years of coming to the Board and several people speaking about the dangers, nothing had been done. Now, with the North Campus Residential expansion, it is even worse. Parents and students have no idea how to navigate the roads. She said that after a very long, public process for the expansion of dorms, there was a Memorandum of Understanding (MOU) that would have realigned the Pleasant Grove and Cradit TB 2023-08-14 (Filed 9/8) Pg. 1 Rd intersection and then the neighborhood finds out through the Ithaca Voice that it isn't in the publics' best interests to do the realignment. She said it was abysmal and disappointing and many people were too discourage to come and speak yet again and a total lack of transparency with what happened to stop the realignment. She invited everyone to come and sit at the intersection for 5 minutes to truly understand the issue and implored the Board to do the right thing and enforce the MOU. Herb Engman, President, Forest Home Homeowners Association; spoke regarding the realignment and MOU, saying they were really disappointed to read the joint announcement that the realignment was not going to happen and that an assessment of the intersection found that the current alignment is preferred by most motorists. He said of course it is, that is what we have been saying for years. They prefer it because it is the easiest and straightest. Only the motorists concerns were looked at, not the residents and pedestrians trying to get up Pleasant Grove Rd. The realignment has to happen to get people used to another route that doesn't take them through Forest Home. Mr. Engman said they have now heard that another study is going to be done and said that is backwards, you get the information before you negate an MOU. He suggested the Town Board take control of the situation and pass a resolution stating that the Town is going to reassert the MOU and honor the commitment to realign the intersection and instruct staff to keep working on it until an acceptable realignment is made. Alec Manning, Fairway Dr., spoke saying he supported everything Mr. Engman just said. He said this is a safety issue and the area is a place where many people cycle and walk, and the Town encourages these other modes of transportation and needs to watch for safety solutions. He said he realized it is a jurisdictional issue, but considering the popularity of this particular area and the way in which it has become a corridor between Northeast Ithaca and Lansing as a major commuter area not just for cars, but for cyclists and walkers to both Cornell and the City of Ithaca, it makes sense to think proactively about making this a welcoming space in the Town. He then added that he also supports the views expressed by the neighbor regarding the petition to protect the RaNic property and the Town should be trying to make that space be as beneficial to as many people as possible. Constance Engman, Forest Home, spoke, saying that she agrees with what everyone has said and thinks the Town should take control of it and find a good solution to the traffic issues in the area. 3. Weatherization Project Presentation (Audio issues and therefore done in very brief summary, the Report is available for review on the Town Laserfiche Repository under Reports to Town Board.) TB 2023-08-14 (Filed 9/8) Pg. 2 Mr. Thaete gave an overview, saying that this is the culmination of months and months of studies Bell and Spina and Tatum Engineering have done to evaluate and make recommendations for weatherizing Town Hall and improving the lighting in the building. Dianna Elliott explained the parameters and objectives of the studies, and explained the existing conditions, which included infrared and blower -door studies. Cold air is coming in through the lighting fixtures, door and window frames and the ceilings. Slides of the infrared studies were shown. There are "good" "better" and "best" bundles. All proposed bundles of improvements include air sealing of the outside of the windows, doors, ceiling fixtures and the roof. The payback numbers are 90+ years with some being a zero payback even at that timeframe, but the energy use will be decreased and better meet your decarbonization goals. Mr. Howe noted that we will be looking at grant funding because this is a historic building. Board questions. Mr. Goodman noted that the historic windows are not operable now. Mr. Rosen said that some items have a 4- 6-year payback and others 99 years and why would we do something with a 99-year payback? Ms. Elliott stated that it would decrease energy use and therefore carbon emissions. Mr. Thaete added that one of our goals is to meet our Green New Deal goals and be a leader in upgrading our facility. Some of the paybacks are quite lengthy, but we are looking at electrification of these facilities, so we are looking for a really good insulation to reduce the loads on that new equipment, you are going to get more bang for your buck if the insulation is good. The lighting study was presented with recommendations. Replacing bulbs with LED while sealing the fixtures to prevent leakage. Mr. Thaete added that the idea is to also create a separate zone for the lobby with a more moderate temperature because the insulation is not as possible or efficient as elsewhere in the building. Mr. Howe said he assumes we will bring this to the Public Works Committee at some point, and there is a lot to absorb, and this was just to begin the conversation with no action being taken. Ms. Johnson went back to the payback chart and the comment about why we would consider something with a 99-year payback. She asked if there had been any calculations done to estimate the emissions reduction. Mr. Thaete responded that the approach we have been taking is to get the exterior up to where it should be and then look at the mechanicals, it is a stepped process. TB 2023-08-14 (Filed 9/8) Pg. 3 4. TGEN Presentation — Tompkins Green Energy Network Local Distributed Energy Resource Plan for Community Choice Aggregation (CCA) (Attachment 1) audio issues continued. Mr. Howe gave an overview, saying that we established a CCA a while back and now it is called Tompkins Green Energy Network or T-GEN. Ms. Swartwood prepared a detailed memo and the main points are that the goal is to incentivize and find ways for people to incest in local energy resource opportunities. The most important step was adopting a CCA and the local Distributed Energy Resource Plan. (DER) spells out each municipalities responsibilities and authorities, but the Town will be able to move forward with the CCA and purchasing local power on behalf of our residents as the DER is rolled out. An information webinar will be held on August 23rd and recorded. 5. Consider a Fee Reduction Request 555 Elm St Ext Mr. Moseley stated that the recommendation is to grant the reduction based upon the financial data received. Mr. DePaolo asked how much the fee would have been ($100) and asked that a sentence be added to the resolution stating the basis for the reduction. TB Resolution 2023 - 126: Fee Reduction Request Approval Whereas a Fee Reduction Request was received on June 1, 2023, from Raymond Kamila, for a reduction of a Demolition Permit Fee from $1.00 to $50 as stated in the submission, and Whereas the Fee Reduction Review Committee met and discussed the request in July, requested financial and other documentation, and recommended a reduction to $50 to the Town Board, now, therefore be it Resolved that the Town Board approves the recommendation of the Fee Reduction Review Committee to reduce the demolition permit fee from $100 to $50 based upon the financial documentation received and the applicants' veteran status. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes — DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson 6. Consider a resolution authorizing action(s) to acquire easements in the Forest Home Mr. Howe noted that a memo was included giving the history of the Pleasant Grove water main and the eminent domain action is needed to proceed with immediate repairs needed to the water main as there have been numerous breaks and the work must be done in a timely fashion and there are issues with Corne111abor negotiations that have been delaying this for a very long time, and this is the only option left to get the necessary work done. TB 2023-08-14 (Filed 9/8) Pg. 4 TB RESOLUTION 2023 -127: RESOLUTION AUTHORIZING TOWN TO COMMENCE EMINENT DOMAIN ACTION TO ACQUIRE THREE EASEMENTS IN THE FOREST HOME NEIGHBORHOOD ON PROPERTY OWNED BY CORNELL UNIVERSITY TO ENABLE THE TOWN TO PROCEED WITH IMMEDIATE REPAIRS TO THE SEWER SYSTEM At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North. Tioga Street, in Ithaca, New York in said Town, on August 14, 2023, at 5:30 o'clock P.M., Prevailing Time. Present: Rod Howe, Supervisor; Members Pamela Bleiwas, Bill Goodman, Rich DePaolo, Margaret Johnson and Rob Rosen. Moved by Bill Goodman, seconded by Rich DePaolo Whereas, on March 14, 2022 the Town Board adopted Town Board Resolution 2022-032 that established the Forest Home Pump Station Sewer Improvement Area and determined that it was in the public interest to undertake sewer improvements in the Area consisting of improvements to the Forest Home Pump Station and reconstruction of a related force main, including original equipment, machinery, apparatus, appurtenances, as well as other incidental improvements in connection therewith ("Project"); and Whereas, in conjunction with completing the Project, the Town's Engineering Department has recently evaluated the integrity of the sewer system and concluded that portions of the sewer main in the Forest Home Pump Station Sewer Improvement Area are deteriorating and there is an immediate risk that the main will crack or rupture and, in fact, this has occurred three times in the past two years; and Whereas, the Town Engineer has outlined the scope of the necessary sewer repairs and the risks of delay in completing the repairs, including the potential risk to the environment and the risk of increased costs associated with the repair and cleanup of a broken or ruptured sewer main; and Whereas, the Town Engineer has determined that it is necessary to proceed with the repairs to alleviate the risk of the main's cracking or rupturing and to undertake such repairs and to subsequently maintain the system it is necessary for the Town to obtain Permanent Easements on three parcels of real property owned by Cornell University ("Cornell"); and Whereas, the three properties owned by Cornell that must be accessed are a 1.89-acre vacant parcel on Forest Home Drive having a tax identification number of 66.4-2 ("Forest Home Drive Parcel"), a 16.50-acre vacant parcel at 14 The Byway having a tax identification number of 67.-1-4 ("Byway Parcel"), and a 16.58-acre parcel on Pleasant Grove Road having a tax identification number of 67.-1-1.1 ("Pleasant Grove Road Parcel"); and Whereas, the Town Board adopted a Resolution 2023-042 on February 13, 2023 authorizing the Supervisor to execute the easements with Cornell but, to date, Cornell has not agreed to voluntarily provide said easements to the Town; and TB 2023-08-14 (Filed 9/8) Pg. 5 Whereas, the Town Board has reviewed maps and legal descriptions prepared by Hunt Engineers identifying the permanent easement areas necessary to complete the immediate repairs and future maintenance of the sewer system and the maps and legal descriptions depicting the proposed permanent easement areas on the Forest Home Drive Parcel, the Byway Parcel and the Pleasant Grove Road Parcel are attached hereto; and Whereas, the Town Board has considered various factors to determine the impact of the Town's proposed acquisition of the permanent easements on each of the three parcels including the type of interests the Town is seeking to acquire, the amount of land to be encumbered by the easements, the amount of land encumbered in relation to the size of the parcels, the location of the proposed easements with respect to existing easements and improvements and roads, the impact of the Town's setback requirements on the ability to develop these parcels in the future, and the potential of interference with their current and potential use; and Whereas, the proposed Permanent Easement on the Forest Home Drive Parcel measures 29' x 23', encumbers approximately 583 square feet which represents only 4.17% of the entire parcel and the easement area is located within the bounds of Forest Home Drive and is adjacent to an existing Town of Ithaca Sanitary Sewer Right of Way ("Forest Home Drive Permanent Easement"); and Whereas, the proposed Permanent Easement on the Byway Parcel measures approximately 975' in length with varying widths of approximately 20', encumbers approximately 15,639 square feet, which represents only 10.70% of the area of the entire parcel, and 92% of the area of the proposed Permanent Easement on the Byway Parcel is also located within the bounds of Pleasant Grove Road ("Byway Permanent Easement"); and Whereas, the proposed Permanent Easement on the Pleasant Grove Road Parcel is irregularly shaped and measures approximately 26' x 50', encumbers approximately 839 square feet, which represents only 0.68% of the area of the entire parcel, and there is also an existing gravity sewer main located in the proposed Permanent Easement area on the Pleasant Grove Road Parcel ("Pleasant Grove Road Permanent Easement"); and Whereas, the Town Board has considered the risks of delaying the repairs, specifically the environmental risk of the sewer main cracking or rupturing and the financial risk that a cracked or ruptured main will require additional remediation and more costly repairs; and Whereas, the Town Board evaluated whether the proposed acquisition of the easements are de minimis in nature and whether the public interest will be prejudiced by the Project and whether the public interest will be endangered by delay pursuant to EDPL §206 (D); and Whereas, pursuant to Town Law §64, the Town has the power to acquire property for public purposes by condemnation; and Whereas, said Project was determined to be a Type 1I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and it was determined that the implementation would not result in any significant adverse environmental impact; and it is Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: TB 2023-08-14 (Filed 9/8) Pg. 6 Section 1: Portions of the sewer system in the Forest Home Pump Station Sewer Improvement Area are deteriorating and there is a risk that the main will crack or rupture in the immediate future making expedited repairs necessary. Section 2: It is necessary for the Town to access of the Forest Home Drive Permanent Easement area, the Byway Permanent Easement area and the Pleasant Grove Road Permanent Easement area, as delineated the attached maps, and acquire said Permanent Easements from Cornell University to complete the immediate repairs and maintain the sewer system. The Town's acquisition of the easement areas to complete such necessary repairs and maintain the sewer system in the future constitutes a valid public purpose. Section 3: The public will not be prejudiced by the repairs and the interests to be acquired are only easement interests, not fee interests, and the easement areas are relatively small encumbering only a small portion of the parcels, and a large portion of the total easement areas are located within the bounds of existing roads, and the easements will have little, if any, impact on the current or potential use of the parcels given their location, the fact that the parcels are already encumbered by existing easements, and that the areas are not suitable for development given the Town's setback requirements. Section 4: The Town Board determines that the proposed acquisition of the easements are de minimis in nature pursuant to EDPL §206 (D) as the public interest will not be prejudiced by the repairs, the impact of the easements on these parcels is negligible and there is a risk that any delay may result in cracking or rupturing mains risking damage to the environment and additional and more costly repairs. Section 5: Attorneys for the Town are authorized to proceed to commence a proceeding to acquire the necessary Permanent Easements on the Forest Home Drive Parcel, The Byway Parcel and the Pleasant Grove Road Parcel on an expedited basis from Cornell University pursuant to Article New York's Eminent Domain Procedure Law and obtain the right to immediately enter the parcels to commence repairs and also to obtain an Order authorizing the filing of Acquisition Maps. Section 6: The Town Supervisor and the Town's attorneys are authorized to execute all necessary documents to pursue the acquisition of the Permanent Easements, including obtaining necessary appraisals, and to simultaneously negotiate with Cornell to obtain said easements voluntarily. Vote: ayes — DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson 7. Public Hearing regarding a local law to override the 2% Tax Levy Mr. Howe opened the public hearing, there was no one wishing to speak, and the hearing was closed. There were no questions from the Board. TB Resolution 2023 - 128: Adopting Local Law 1.3 of 2023 to Override the Tax Levy Limit established in General Municipal Law 0-c TB 2023-08-14 (Filed 9/8) Pg. 7 Whereas, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and Whereas, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and Whereas, a public hearing on the proposed local law entitled "A local law to override the tax levy limit established in General Municipal Law §3-C' ; was duly advertised and held by the Town Board at its August 14, 2023 meeting, 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 adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus not subject to review under SEQRA; now, therefore, be it Resolved, that the Town Board adopts Local Law 1.3 of 2023 entitled "A local law to override the Tax Levy Limit established in General Municipal Law §3-C." Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson 8. Consider Consent Agenda Items TB Resolution 2023 - 129: Adopt Consent Agenda a) Approval of Town Board Minutes b) Approval of Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Set public hearing re.: adoption of the 2024 SCLIWC (Bolton Point) Budget e) Ratify provisional appointment of Water Treatment Plant Operator Trainee at SCLIWC f) Sale of Surplus Item Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes — DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson TB Resolution 2023 —129a: Approval of Town Board Minutes Resolved that the draft minutes of the Town Board meetings of July 1 Oth, 24, and 31 st be approved as final with any non -substantive changes made. TB Resolution 2023 -129b: Town of Ithaca Abstract No. 15 for FY-2023 TB 2023-08-14 (Filed 9/8) Pg. 8 Resolved that the Town Board authorizes payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 627 — 692 General Fund Town Wide 50,426.07 General Fund Part -Town 16,461.1.9 Highway Fund Town Wide DA 4,387.05 Highway Fund Part Town DB 354,703.86 Water Fund 459,349.81 Sewer Fund 8,110.74 Risk Retention Fund 1,616.00 Forest Home Lighting District 17.95 Glenside Lighting District 7.1.0 Renwick Heights Lighting District 7.91. Eastwood Commons Lighting District 7.18 Clover Lane Lighting District 1.63 Winner's Circle Lighting District 3.50 Burleigh Drive Lighting District 5.63 West Haven Road Lighting District 15.17 Coddington Road Lighting District 11.33 TOTAL 895,132.1.2 TB Resolution 2023 - 129c: Bolton Point Abstract Resolved that the Town Board authorizes payment of the audited vouchers as listed: Voucher Numbers: 317-359 Check Numbers: 21038-21080 Capital Impr/Rep1 Project $ 23,268.58 Operating Fund $ 60,291.23 TOTAL $ 83,559.81 Less Prepaid $ - 2,136.52 TOTAL $ 81,423.29 TB Resolution 2023-129e: Ratify Provisional Appointment of Water Treatment Plant Operator Trainee at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on August 3, 2023, appointed Steven Rhoads to the title of Water Treatment Plant Operator Trainee, retroactive to, July 17, 2023; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's provisional appointment of Steven Rhoads to the title of Water Treatment Plant Operator Trainee, retroactive to, July 17, 2023, at the hourly wage of $21.76, in Job Classification 2, with full time benefits. TB 2023-08-14 (Filed 9/8) Pg. 9 TB Resolution 2023 —129f: Sale of Surplus Items Whereas, the Department of Public Works 1970's vintage Rivinius Model R2500B Shoulder Spreader and Finisher machine (Fleet #73) has been replaced under the approved 2023 Fleet Replacement Schedule by a Midland Shoulder Machine, and Whereas, the Town of Newfield has a similar shoulder machine and would like to purchase the Rivinius for their use and/ or parts, now, therefore be it Resolved, that the Town Board declares the Rivinius Fleet #73 machine to be surplus and no longer needed by the Town and authorizes the sale of the machine to the Town of Newfield, as is, for $5,000. 9. Report of Town Officials and Committees Mr. Howe noted that Stella Frank, our Planning Intern, developed a 10-minute video highlighting the Town's history, government, population, hot spots and gorgeous natural areas for new and returning students and really everyone, "Ithaca Welcomes Students" and it is available on our website. The County is holding an electric vehicle showcase tomorrow at the Crash Fire and Rescue Building on Brown Road. 10. Review of Correspondence —No Comments Executive Session At 6:39 p.m. Mr. Howe moved to enter executive session to discuss litigation regarding two separate issues, the personnel history of a particular person, and the acquisition of real property where disclosure could affect the price. The meeting was adjourned at 7:08 p.m. upon motion by Mr. Howe, seconded by Mr. DePaolo, unanimous. At 7:06 p.m., Mr. Goodman made a motion to reenter open session, seconded by Mr. Howe, unanimous. Added Action TB Resolution 2023 - 130: Approval and Authorization to Execute Purchase Offer Resolved that the Town Board approves the proposed Contract for Sale and Purchase of Real Property offer for 601 Elmira Rd. for $180,000 associated with the Black Diamond Trail Extension, as discussed and authorizes the Town Supervisor to execute any and all documents required to finalize the transaction. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes — DePaolo, Howe, Goodman, Bleiwas, Rosen and Johnson TB 2023-08-14 (Filed 9/8) Pg. 10 Motion to adjoum was made at 7:08 p.m. by Mr, Cioodman, sm)nded by Mr. Howe, unalliMOLIS. INN TB 2023-08-14 (Filed 9/8) tag, 11 Attachment 1 TOWN OF ITHACA `EW Y 0 R K Town Hall 215 N.Tioga St 14850 607.273.1721 Public Works 114 Seven Mile Dr 607.273.1656 www.town.ithaca.ny.us From: Hilary Swartwood, Sustainability Planner To: Town Board Members Date: August 14, 2023 Subject: Tompkins Green Energy Network Local Distributed Energy Resource Plan The purpose of this memo is to provide a summary of the contents of the Local Distributed Energy Resource Plan for Community Choice Aggregation ("DER Plan" or "the Plan"), which has been provided to the Town Board. Since the Town Board's approval of the Community Choice Aggregation (Energy) Program last year, New York State's Department of Public Service released new regulations pertaining to Community Choice Aggregations (CCAs). The new regulations dictate that the local laws that were passed (e.g., the Town's CCA program) are inclusive enough that no further planning on behalf of the municipality is required. The changes also dictate that any voluntary activities happening with CCAs (e.g., DER investments) are now up to the local governments to approve. CCA enables the Town to procure clean energy resources on behalf of residents and businesses, so customers get cleaner energy, local control, and competitive rates. As detailed in previous updates, Town staff have been in consultation with Local Power, LLC, a state approved CCA Administrator since June 2022. The contract with Local Power requires the consultant to assist with, 1) the drafting of a CCA Enabling Local Law, 2) a customer data protection plan, 3) a CCA administrator agreement, 4) a customer engagement plan, per the order of the Public Service Commission (PSC), 5) prepare a CCA implementation plan for PSC approval, and 6) draft an RFP to select an Energy Supply Company (ESCO). On June 14, 2023, Sustainability staff received the draft implementation plan, consistent with the PSC order. As of June 2023, the Town's CCA program will be referred to as Tompkins Green Energy Network (T-GEN). The DER plan establishes processes for engaging customers in voluntary DER investment in an effort to 1) reduce strain on the grid, 2) accelerate the adoption of renewables, and 3) democratize onsite DER development. The plan also details the roles and responsibilities of the Administrator, the Town, and other municipal partners. Brief synopses of processes and roles are included in the below sections. Aggregation In addition to the aggregation of utility accounts for the purposes of bulk purchasing energy on behalf of residents and businesses, the DER Plan aims to aggregate customer investment in DERs. This would look similar to a "community solar" model, with the differentiating factor that projects would be hyperlocal to the users. Under the proposed DER investment aggregation plan, there are multiple configurations of customer agreements that could be found: • Sharers own units of a DER and are enrolled individually • Users are share owners who are also offtakers of DER -produced energy • Cooperatives are groups of customers that invest mutually in DERs • Site Owners are the owners of a building or property who consent to participating in the DER either alone or by joining a Cooperative Details on the types of DER customers are detailed in the DER Plan. Types of DERs available for investment cover all sources of carbon emissions and will largely be dictated by customer demand and interest. Examples of DERs potentially available in the program include: • Microgrids, nanogrids, and other load management strategies • Heat pumps and thermal loops • Solar arrays and battery storage • EV charging, EV sharing, and vehicle -to -building charging • Waste minimization strategies via municipal signatory engagement Legal Documents Also detailed in the Plan are the legal documents and agreements required for T-GEN to launch. These agreements will be drafted collaboratively between the Town, the City, and the CCA Administrator. Required agreements include: • Cooperative Agreement between "Users" and "Site Owners" • RFP Template for Vendors and Lenders • Data Security Agreement between the Town and NYSEG • Intermunicipal Agreement between the, Town of Ithaca, City of Ithaca, and any other municipalities wishing to join the CCA program Data & Reporting The CCA Administrator agrees to manage and report data to the Town , enrolled customers, and the Public Service Commission. These analyses include performance reporting, DER projects summary, opportunities for program improvement, and profits and losses modeling. Responsibilities Finally, the Plan includes responsibilities required of each party. While the Administrator is carrying most of the load, the Town will need to participate actively and collaboratively to ensure the program is successful. A summary of roles is listed below. CCA Administrator • Energy procurement management • Prioritize inclusivity across all local communities • State regulatory compliance • DER procurement, management, and analysis • DER Lender prequalification and cooperation • Communication and engagement management and strategy • Customer enrollment • Customer billing and support Town of Ithaca • Participation in T-GEN Advisory Group • Awarding proposals • Intermunicipal agreement • Participation in PSC-required outreach and education • Program oversight and reporting to the Town Board • Enrollment of municipal accounts • Communications via Town mailings • Notifications via committee agendas Progress and Timeline June 2022 — Initial contract with Local Power, LLC. October 2022 — Town adopts CCA- enabling Local Law January 2023 — New York State's Department of Public Service ("DPS") announces changes coming to CCA regulations May 2023 — DPS releases final CCA regulations June 2023 — Draft DER Plan received July 2023 — Internal Review August 2023 — Town Board introduced to the DER Plan September 2023 — CCA Administrator selected September 2023 — Town Board approval of the DER Plan September 2023 — ESCO RFP July- October 2023 — Public Outreach January 2024—Town Board approval of ESCO contract May 2024 — Opt- out notification June 2024 — Customer enrollment