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HomeMy WebLinkAboutTB Minutes 2023-09-11MEETING OF THE ITHACA TOWN BOARD September 11, 2023 at 5:30 p.m. YouTube Live Meefinu nt< and ZOOM ............................................................................................................... AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Public Hearing regarding the dissolution plans for Town of Ithaca Streetlight Districts Approval of Dissolution Plan for: a. Burleigh Dr Lighting District b. Forest Home Lighting District c. Glenside Lighting District d. Renwick Heights Lighting District e. Eastwood Commons Lighting District f. Clover Lane Lighting District g. Winners Circle Subdivision Lighting District h. West Haven Road Lighting District i. Coddington Road Lighting District 4. Public hearing regarding a Public Interest Order — IAWWTF Additional Boiler replacement and Misc Repairs a. Adoption 5. Public hearing regarding a local law amending Town of Ithaca Code, Chapter 148, Environmental Quality Review, to add all signs except off -premises signs to the Type II List a. SEQR b. Adoption 6. Consider authorization to apply for a Park Foundation Grant — Sage Preserve 7. Consider adoption of a Local Distributed Energy Resource Plan (DER) for Tompkins green Energy Network (T-GEN) 8. Consider approval of agreement with BlocPower, LLC to apply for NYSEG economic development incentives for an air source heat pump project at the Ithaca Area Wastewater Treatment Facility 9. Consider a Resolution of Appreciation — Lori Shurtleff 10. Consider Consent Agenda Items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Denial of fee reduction — 983 Taughannock Blvd e. Approval revised Personnel Policies f. Ratify appointment of Electrical Mechanical Technician — SCLIWC 11. Report of Town Officials and Committees 12. Review of Correspondence 13. Adjournment MEETING OF THE ITHACA TOWN BOARD September 11, 2023 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; 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 2. Persons to be Heard 3. Public Hearings and consider approval of dissolution plans for Town of Ithaca Lighting Districts Mr. Howe opened the public hearings for all Lighting District Plans at 5:31 p.m. There was no one present in person or on video, and the hearings were closed. Mr. Howe noted that this is the final step in the process of dissolving the districts. TB Resolution 2023 - 137: Approve the Dissolution Plan for the Burleigh Drive Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its November 7, 1991, resolution and order, the Town of Ithaca Town Board ("Town Board") established the Burleigh Drive Lighting District (the "District") pursuant to Town Law Article 12-A; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-112 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and TB 2023-09-11 (Filed 10/19) Pg. 1 Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 1.4850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §61.7.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Burleigh Drive Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Pamela Bleiwas Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB 2023-09-11 (Filed 10/19) Pg. 2 TB Resolution 2023 - 138: Approve the Dissolution Plan for the Forest Home Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its May 11, 1929, resolution, the Town of Ithaca Town Board ("Town Board") established the Forest Home Lighting District (the "District"); and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-113 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 14850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: TB 2023-09-11 (Filed 10/19) Pg. 3 Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Forest Home Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Pamela Bleiwas Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 - 139: Approve the Dissolution Plan for the Glenside Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its July 10, 1947, resolution and order, the Town of Ithaca Town Board ("Town Board") established the Glenside Lighting District (the "District") pursuant to Town Law Article 12; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-114 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 14850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and TB 2023-09-11 (Filed 10/19) Pg. 4 Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Glenside Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Eric Levine Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 - 140: Approve the Dissolution Plan for the Renwick Heights Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 TB 2023-09-11 (Filed 10/19) Pg. 5 Whereas, by its February 5, 1927, resolution, the Town of Ithaca Town Board ("Town Board") created and established the Renwick Heights Lighting District (the "District") pursuant to former Town Law §§ 260, 261, 262 and 263; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-115 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 14850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. TB 2023-09-11 (Filed 10/19) Pg. 6 Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Renwick Heights Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Rob Rosen Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 -1.41: Approve the Dissolution Plan for the Eastwood Commons Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its July 9, 1973, resolution and order, the Town of Ithaca Town Board ("Town Board") established the Eastwood Commons Lighting District (the "District") pursuant to Town Law Article 12-A; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-116 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 1.4850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; and TB 2023-09-11 (Filed 10/19) Pg. 7 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 and implementation of the Dissolution Plan are a Type 11 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: they fall under 6 NYCRR §61.7.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Eastwood Commons Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Pamela Bleiwas Seconded: Eric Levine Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. Whereas, by its March 9, 1981, resolution and order, the Town of Ithaca Town Board ("Town Board") established the Clover Lane Lighting District (the "District"); and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and TB 2023-09-11 (Filed 10/19) Pg. 8 Whereas, pursuant to TB Resolution 2023-117 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 1.4850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §61.7.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Clover Lane Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. TB 2023-09-11 (Filed 10/19) Pg. 9 Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Eric Levine Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 - 143: Approve the Dissolution Plan for the Winners Circle Subdivision Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its June 12, 1989, resolution and order, the Town of Ithaca Town Board ("Town Board") established the Winners Circle Subdivision Lighting District (the "District") pursuant to Town Law Article 12; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-118 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 14850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or TB 2023-09-11 (Filed 10/19) Pg. 10 continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Winners Circle Subdivision Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Rich DePaolo Seconded: Eric Levine Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 - 144: Approve the Dissolution Plan for the West Haven Road Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its November 5, 1992.resolution and order, the Town of Ithaca Town Board ("Town Board") established the West Haven Road Lighting District (the "District") pursuant to Town Law Article 12; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-119 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in TB 2023-09-11 (Filed 10/19) Pg. 11 the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023 at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 14850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the West Haven Road Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. TB 2023-09-11 (Filed 10/19) Pg. 12 Moved: Pamela Bleiwas Seconded: Rod Howe Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. TB Resolution 2023 - 145: Approve the Dissolution Plan for the Coddington Road Li2htint! District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by its April 12, 1993 resolution and order, the Town of Ithaca Town Board ("Town Board") established the Coddington Road Lighting District (the "District") pursuant to Town Law Article 12-A; and Whereas, because the Town's bookkeeping burden and administrative expenses for the District are disproportionate to the District's minimal future costs, the Town Board is considering dissolution of the District and paying for the costs of the Town's lighting districts, once dissolved, through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and Whereas, pursuant to TB Resolution 2023-120 adopted on July 31, 2023 ("the TB Resolution"), the Town Board endorsed a proposed dissolution plan ("Dissolution Plan") for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of the New York General Municipal Law, including General Municipal Law §775; and Whereas, the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 11, 2023 at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street, Ithaca, NY 1.4850, and at such time and place all persons interested in the proposed Dissolution Plan may be heard concerning the same; and Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of the New York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §61.7.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it TB 2023-09-11 (Filed 10/19) Pg. 13 Resolved, by the Town Board of the Town of Ithaca, as follows: Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town's website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Coddington Road Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5. Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6. This resolution shall be effective immediately. Moved: Eric Levine Seconded: Rich DePaolo Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. 4. Public hearing regarding a Public Interest Order — IAWWTF Additional Boiler replacement and Misc Repairs Mr. Howe opened the public hearing at 5:37 p.m., there was no one wishing to speak and the hearing was closed. TB Resolution 2023 - 1.46: 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 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement at the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca 2023 Additional Boiler Replacement and Facility Improvements 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 September 11, 2023, at 5:30 o'clock p.m., Prevailing Time. Present: Rod Howe, Supervisor; Members Rich DePaolo, Pamela Bleiwas, Eric Levine, Rob Rosen and Margaret Johnson. Absent: Bill Goodman Moved by Rich. DePaolo, seconded by Rob Rosen. TB 2023-09-11 (Filed 10/19) Pg. 14 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 2023 Additional Boiler Replacement and Facility Improvements 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 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area (the "Sewer Improvement Area"); and Whereas, the Improvement proposed in connection with the establishment of the Town of Ithaca 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area consists of replacement of the IAWWTF's existing out -of -service digester gas boiler and two Camus boilers that are at the end of life with a new non -condensing boiler and a new condensing boiler, installation of a new gas train, boiler recirculation pumps, valves, and air ductwork, pad and piping modifications, electrical work, and disposal of the three existing boilers; installation of five new control valve stations and five new control valves with associated piping and electrical modifications; installation of a new automated waste gas burner, piping, concrete pads, pressure transmitters, valves, flame arrestor and thermal valve, electrical work, and disposal of the existing flare and waste gas piping; installation of two new variable refrigerant flow (VRF) heat pump systems, wall -mounted cassettes, piping, communications wiring, transformer, and panel, ductwork modifications, electrical work; installation of a new supply air fan and a new exhaust air fan to serve the turbine room, and installation of new ductwork; installation of new heating coils for existing air handlers, piping modifications, and disposal of existing coils in existing air handling units; installation of two 36" x 54" influent slide gates to replace two existing 26" x 54" slide gates, and disposal of the existing slide gates; removal to deck and disposal of existing Administration building roof, and installation of skylight and new roof with R-30 insulation and 90 MPH, 20-year full system warranty; updates to and upgrades and recommissioning of existing JCI controls associated with the foregoing projects; other ancillary and incidental improvements and expenses in connection therewith; and bonding and engineering costs, at a maximum estimated cost to the Sewer Improvement Area of 40.88% of Three Million Two Hundred Forty -Three Thousand Eight Hundred Forty -Six Dollars and No Cents ($3,243,846.00), which is One Million Three Hundred Twenty -Six Thousand Eighty -Four Dollars and No Cents ($1,326,084.00), it being determined that the remaining $1,917,762.00 of the $3,243,846.00 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, as amended, 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 August 28, 2023 meeting, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof, and TB 2023-09-11 (Filed 10/19) Pg. 15 Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of 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 One Million Three Hundred Twenty -Six Thousand Eighty -Four Dollars and No Cents ($1,326,084.00) 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 August 28, 2023, 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 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area, such public hearing to be held on. September 11, 2023, at 5:30 o'clock P.M., Prevailing Time, at the Town Hall, 21.5 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 TB 2023-09-11 (Filed 10/19) Pg. 16 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 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area and to authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca 2023 Additional Boiler Replacement and Facility Improvements Sewer Improvement Area is hereby established and the Improvement is authorized at a maximum estimated cost to said Sewer Improvement Area of One Million Three Hundred Twenty -Six Thousand Eighty -Four Dollars and No Cents ($1,326,084.00). 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 replacement of the IAWWTF's existing out -of -service digester gas boiler and two Camus boilers that are at the end of life with a new non - condensing boiler and a new condensing boiler, installation of a new gas train, boiler recirculation pumps, valves, and air ductwork, pad and piping modifications, electrical work, and disposal of the three existing boilers; installation of five new control valve stations and five new control valves with associated piping and electrical modifications; installation of a new automated waste gas burner, piping, concrete pads, pressure transmitters, valves, flame arrestor and thermal valve, electrical work, and disposal of the existing flare and waste gas piping; installation of two new variable refrigerant flow (VRF) heat pump systems, wall -mounted cassettes, piping, communications wiring, transformer, and panel, ductwork modifications, electrical work; installation of a new supply air fan and a new exhaust air fan to serve the turbine room, and installation of new ductwork; installation of new heating coils for existing air handlers, piping modifications, and disposal of existing coils in existing air handling units; installation of two 36" x 54" influent slide gates to replace two existing 26" x 54" slide gates, and disposal of the existing slide gates; removal to deck and disposal of existing Administration building roof, and installation of skylight and new roof with R-30 insulation and 90 MPH, 20-year full system warranty; updates to and upgrades and recommissioning of existing JCI controls associated with the foregoing projects; other ancillary and incidental improvements and expenses in connection therewith; and bonding and engineering costs, at a maximum estimated cost to the Sewer Improvement Area of 40.88% of Three Million Two Hundred Forty -Three Thousand Eight Hundred Forty -Six Dollars and No Cents ($3,243,846.00), which is One Million Three Hundred Twenty -Six Thousand Eighty -Four Dollars and No Cents ($1,326,084.00), it being determined that the remaining $1,917,762.00 of the $3,243,846.00 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, as amended, 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 TB 2023-09-11 (Filed 10/19) Pg. 17 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. 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; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye. The resolution was thereupon declared duly adopted. 5. Public hearing regarding a local law amending Town of Ithaca Code, Chapter 148, Environmental Quality Review, to add all signs except off -premises signs to the Type II List Mr. Howe opened the public hearing at 5:40p.m., there was no one wishing to speak and the hearing was closed. Mr. Howe noted that this is part of simplifying the review process for signs and pointed to Ms. Balestra's memo explaining fully. TB Resolution 2023 - 147: SEAR: Proposed Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type 11 List TB 2023-09-11 (Filed 10/19) Pg. 18 Whereas, this action is the enactment of A Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type II List; and Whereas, said proposed local law would add "All signs except off -premises signs" to the Chapter 148 Type II list, thus exempting covered signs from the environmental review process; and Whereas, enactment of this local law is an Unlisted Action for which the Town of Ithaca Town Board is the lead agency in the environmental review with respect to its enactment; and Whereas, the Town Board, at a public hearing held on September 11, 2023, has reviewed and accepted as adequate, a Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Bleiwas, Levine, Howe, Johnson and Rosen TB Resolution 2023 - 148: Adopt A Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type 11 List Whereas, this action is the enactment of A Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type II List; and Whereas, said proposed local law would add "All signs except off -premises signs" to the Chapter 148 Type II list, thus exempting covered signs from the environmental review process; and Whereas, the Planning Committee discussed the proposed local law at their meeting on June 15, 2023, and referred the local law to the Town Board for consideration of adoption; and Whereas, at its meeting on August 28, 2023, the Town of Ithaca Town Board reviewed and discussed the proposed local law and adopted a resolution for a public hearing to be held by the Town Board on. September 11, 2023, at 5:30 p.m. to hear all interested parties on a proposed local law entitled "A Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type II List"; and TB 2023-09-11 (Filed 10/19) Pg. 19 Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is an Unlisted Action for which the Town Board of the Town of Ithaca, as lead agency in an environmental review with respect to adoption of this local law, has, on September 11, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that it is in the best interests of the Town and its citizens to adopt the local law; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 14 of 2023 entitled " "A Local Law Amending Town of Ithaca Code Chapter 148, Environmental Quality Review, to Add All Signs Except Off -Premises Signs to the Type 1I List"; and be it further Moved: Rich DePaolo Seconded: Rob Rosen Vote: ayes — DePaolo, Rosen, Howe, Levine, Bleiwas, and Johnson 6. Consider authorization to9 apply for a Park Foundation Grant — Sage Preserve Mr. Howe noted that we won't hear about the State grant application until December or so and this is another funding stream we are exploring. TB Resolution 2023 - 1.49: Authorization to Apply for Funding through the Park Foundation to Purchase Approximately 135 Acres of Land on South Hill Whereas, the Park Foundation is currently accepting funding request proposals and includes a funding priority for "Sustainable Ithaca" with a category for "Ecosystem Conservation," and Whereas, the Town of Ithaca is seeking to purchase approximately 135 acres on South Hill. (located off King Road East, Chase Lane, Ridgecrest Road, and Schickel Road), to be included as a Town preserve, and Whereas, the Town estimates the total cost to be approximately $674,000 for the acquisition of the property, and Whereas, the landowner has offer to sell the approximately 135 acres to the Town at 80% of the appraised value, which reduces the overall cost to $543,000, and Whereas, the Town of Ithaca has also applied under the 2023 Environmental Protection Fund Grants Program for Parks, Recreation and Heritage for $443,000 for this acquisition project, and TB 2023-09-11 (Filed 10/19) Pg. 20 Whereas, Park Foundation applications are due by September 22, 2023; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby authorized and directed to file an application for the acquisition of the approximately 135-acre property on South Hill through the Park Foundation for $100,000, and upon approval of said request to enter into and execute a project agreement with the Park Foundation for such financial assistance to the Town of Ithaca. Moved: Rod Howe Seconded: Eric Levine Vote: ayes — Howe, Levine, DePaolo, Bleiwas, Johnson and Rosen 7. Consider adoption of a Local Distributed Energy Resource Plan (DER) for Tompkins Green Energy Network (T GEN) Mr. Howe noted that there is a detailed memo from Ms. Swarthwood and Ms. Brock has seen this; we are working with the City of Ithaca and this is another step toward giving residents the choice of selecting renewable energy sources. TB Resolution 2023 - 150: Approval of the Town of Ithaca Local Distributed Energy Resource Plan for Community Choice Auregation (DER) Whereas the Town adopted a local law establishing a Community Choice Aggregation (CCA) program in 2022, now known as the Tompkins Green Energy Network (T-GEN) to achieve town - wide decarbonization through Distributed Energy Resources (DERs), and Whereas T-GEN enables the Town to procure clean energy resources on behalf of residents and businesses, so customers get cleaner energy, local control, and competitive rates, and Whereas a draft DER Plan was developed which details the processes for engaging customers in a voluntary DER investment, and Whereas the plan details the roles and responsibilities of the Administrator of T-GEN, the Town, and other municipal partners and the legal documents and agreements that will be required to launch T-GEN, and Whereas the draft plan was submitted for review and discussed by the Town Board, now, therefore be it Resolved that the Town Board hereby adopts the Distributed Energy Resources Plan. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes — DePaolo, Howe, Levine, Bleiwas, Rosen, and Johnson 8. Consider approval of agreement with BlocPower, LLC to apply for NYSEG economic TB 2023-09-11 (Filed 10/19) Pg. 21 development incentives for an air source heat pump project at the Ithaca Area Wastewater Treatment Facility Mr. Howe noted that this is an attempt to secure funds as the IAWWTF is going through evaluation and multiple maintenance and improvement projects. TB Resolution 2023 - 151: Approval and authorization for the Supervisor to sign an agreement with BlocPower LLC to apply for NYSEG economic development incentives for air source heat pumps at the IAWWTF Resolved that the Town Board approves and authorizes the Town Supervisor to sign an agreement with BlocPower, LLC to apply for NYSEG economic development incentives for air source heat pumps at the Ithaca Area Wastewater Treatment Facility (IAWWTF), subject to review by the Attorney for the Town. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Bleiwas, Howe, Rosen, Johnson and Levine 9. Consider a resolution of appreciation for Lori Shurtleff Mr. Howe read portions of the resolution, noting that there will be a celebration at public works Friday where it will be read in full and presented to her. TB Resolution 2023 - 152: Recognition of Lori Shurtleff s Dedicated Years of Service Whereas Lori Shurtleff started her career at the town on May 31, 2016,.as an Administrative Assistant I for the Public Works Department bringing years of knowledge and experience in administrative support in the public sector; and Whereas Lori is admired for her always positive, friendly, and cooperative attitude and a happy smiling "good morning" for everyone; and Whereas Lori's impeccable attention to detail and thoroughness is greatly appreciated as her specialty is the data input for PubWorks and creating workflows and managing data for OpenGov; and Whereas Lori with her nurturing nature tended the flower gardens, provoking much adoration and many compliments by visitors and staff; and Whereas Lori is always willing to help with the annual holiday luncheon, training luncheons, and the daily replenishing of the candy and soda supplies; and Whereas the Town of Ithaca has greatly benefited from Lori's enthusiasm, determination, and desire to serve our community; and TB 2023-09-11 (Filed 10/19) Pg. 22 Whereas after seven (7) years of dedicated service, Lori has chosen to retire from the Town of Ithaca effective September 30, 2023; now, therefore, be it Resolved, that on this 1 lth day of September 2023, the Town Board of the Town of Ithaca, on behalf of the Town and its residents, expresses its sincere appreciation and gratitude to Lori Shurtleff for her distinguished and dedicated service to our community. Moved: Rob Rosen Seconded: Pamela Bleiwas Vote: ayes — Rosen, Bleiwas, DePaolo, Levine, Howe and Johnson TB Resolution 2023 - 153: Adopt Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. SCLIWC (Bolton Point) Abstract d. Ratify provisional appointment of Electrical Mechanical Technician at BP e. Approval of Revised Personnel Policies — Several Moved: Eric Levine Seconded: Rich DePaolo Vote: ayes — Levine, DePaolo, Howe, Bleiwas, Rosen and Johnson TB Resolution 2023 - 153a: Approval of Town Board Minutes Resolved that the Town Board hereby approves the draft minutes of August 14, 2023, as final with any non -substantive changes made. TB Resolution 2023 - 153b: Town of Ithaca Abstract No. 17 for FY 2023 Resolved that the Town Board authorizes payment of the following audited vouchers in total for the amounts indicated: General Fund Town Wide 43,688.40 General Fund Part -Town 2,362.68 Highway Fund Town Wide DA 1,376.96 Highway Fund Part Town DB 170,553.70 Water Fund 1,013,758.70 Sewer Fund 352,923.74 Fire Protection Fund 295,592.00 Forest Home Lighting District 18.93 Glenside Lighting District 7.42 Renwick Heights Lighting District 8.25 Eastwood Commons Lighting District 7.59 Clover Lane Lighting District 1.72 Winner's Circle Lighting District 3.68 Burlei h Drive Lighting District 5.88 West Haven Road Lighting District 16.00 TB 2023-09-11 (Filed 10/19) Pg. 23 Coddin ton Road Lighting District 11.99 Trust and Agency 1,000.00 Debt Service 30.00 TOTAL 1,881,367.64 TB Resolution 2023 - 153c: Approval of SCLIWC (Bolton Point) Abstract Resolved, that the Town Board hereby authorizes the payment of the audited vouchers as follows: Voucher Numbers: 360-41.0 Check Numbers: 21081-21131 Capital Impr/Repl Project $ 11,316.24 Operating Fund $ 124,851.70 TOTAL $ 136,167.94 Less Prepaid $ 8,567.1.5 TB Resolution 2023 - 1.53d: Ratify Appointment of Electrical Mechanical Technician at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on September 7, 2023, appointed Mark Fessenden to the title of Electrical Mechanical Technician, effective September 25, 2023; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Mark Fessenden to the title of Electrical Mechanical Technician, effective September 25, 2023, at the hourly wage of $26.37, in Job Classification 5B, with full time benefits. TB Resolution 2023 - 153e: Adoption of Revised Personnel Policies -Several Whereas, the Employee Relations Committee and Personnel & Organization Committee have reviewed the revised policies and recommend revising them for all staff of the Town, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve effective immediately the revised policies listed below to replace the current policies in the Personnel Manual. Revised Policies: College Course Reimbursement Policy — removed continued employment clause Lactation Accommodation Policy- new policy to address NYS law change. 1.0. Review of Correspondence and Board Comments Attendees to the Grand Opening of the Daili Lama's Library and the boat tour with Anna Kelles commented on the experience. TB 2023-09-11 (Filed 10/19) Pg. 24 Motion made at, 6:00 p.m. tca enter executive session to discuss the eniployment history of a particular person, seconded by Mr. DePaOlO, Unanimous. Motion made at 6:18 pni. to exit executive session and adjourn open meeting made by Mr. Howe, seconded by Ms. Bleiwas, unaninious. TB 2023-09-11 (Filed 10/19) llg25 TOWN OF ITHACA AFFIDAVIT OF POS171 NG AND PUBLK I ATION 1, Ashley Colbert, being duty sworn, say that I ara the Depury'rown Clerk. of the J'own of Ithaca, "fompkins COUnty, Ne"York; that the following notice has been duly posted on the sign board of the Town Clerk ofthe Town of1thaca and the notice has been duly published in the official newspaper, Ithaca Journal: _J ADVERTISEMENT/NOTICE NOTICF, OF PUBLIC, 11EARtNG NOTICE OF ESTOPPEL N OTICE OF ADOPTION Regarding the Proposed Plans for the Dissolution of Lighting Districts Loration of Sign Board Used for Posting: I I I own Clerk's Office 215 North "tinge Street Ithaca, NY 14850 Town website at wNv, wAmmitha, z ray,,US Date of Posting: August 9, 2023 Date of Publication: August 23, 2023 Asl e �y4(�.jo� J11b Ae t Deputy Town Clerk, STATE OF NEW'YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 23 d day of August 2023. Notary lL 1� ABBY L HOMER Notary Puuic - Starer New York No, 01HO6086105 QuWMed in Cortland County My Cormnission Expires Jan, 13,2(t� 7 Public Notice Originally published on itliacajournalcorn on ()8/23/202"1 TOWN OF ITHACA Notice of Public Hearings and Desciiptive Suintriary of the Proposed Plans for the Dissolution of Lighting DistrictslbeTown Board will hold a Public hearing on September it, 2023, at their meeting which begins at 5:30 P.m. at 215 N.Tioga St., Ithaca regarding the proposed dissohtti(:)n of nine (9) Lighting Districts, established by the Town of Ithaca between 1.927 and.1993, effc�ctive December 31, 2023. Ligbting Districts: a. Burl eigb Drive b. Forest Home c. Glenside d. Renwick Heights e. Eastwood Commons f. ("over Lane g. Winners Circle Ii. West Haven Road, i. Coddington Road llie Town. of Ithaca is proposing dissolution because the Town' s bookkeeping and administrative expenses for the Lighting Districts are disproportionate to the Districts' minimal future costs (estimated to be $8400 annually, for all nine districts). Al assets of the Districot, 'shall beconie assets of the Town. The'rown Nvin continue to serviee and maintain municipal street lighting and will cover these costs through real estate taxes raised on a townwide basis purstiant to New, York Highway Law § 327. Each Districts'fund balance is expected to be adequate to cover all 2023 expenses and any remaining fund balance (estinnated to total $3,585 with between $74 arid $1,107 left in each District) will be inoved to the General llund to offiset futtire costs, The Lighting Districts have no public employees. 'I'hey also have no indebtedness, other than the cost to convert the lights to LED owed to the New York Powe'r Aritborit), or its contractors) with costs ranging from $1,443 tea$14,433 for each district. The ':town anticipates rebates from NYSE Crfor each district, expected to be in the range of $671 to $6,714 for each District. The entire Proposed DiSSOILItiOn Plan contains details on each Ligbting District, including boundaties and estimated annual and future costsAl'iese are available on the Town' s website ww"w.town.itbaca.ny.us, are posted on the Town Bulletin Board. maintained by the Town Clerk located at Town Hall and upon request, frornthe To Clerk's Office Questions and/or cornnients can be sent to theTown Clerk at Clerk s@Jown.ithacam y.,us, in, person, in writing or all persons wisbing to speak in fiavor or against the proposed Dissolution Plan(s) will be heard at the public hearing. Paulette Rosa Town Clerk 8/9, 16, 23,30/2023 ithacajournal Home News Sports Business of Obituaries V ---------- '%11 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being, duly sworn, say that I am theTown Clerk of the Town of Ithaca, ornpkins County, New York; that the following notice has been duly posted on the sign board of theTown Clerk, of the'fown of Ithaca and the notice hay been dUly pUblished in the official newspaper, Ithaca Joutwal: ADVERTISENIENT/NOTICE NOTICE OF PUDLIC REARING NOTICE OF ESTOPPEL NOTICE OF ADOPT ION' # Regarding a Local Law Amending Town of Ithaca Code, C'hapter 1,48, Environmental Quality Review Location of Sign Board Used for Posting: "fown Clerk's Office 215 North "fire ga, Street Ithaca, NY 14850 Town website at,w,%vw.toi.itliaca.tiy,.g� Matra of P fing: Sept eraber 1, 20 Date o23 ALication: �eptnbe20 ter 1, 23 f+"-21 I'dulette Rw Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swoni to and SUbscribed before me this I" day of September 2023 Notary Pumic ASHLEY COLBERT Notary Public,' StSte of New York No, to 1 C06419580 Qu0fied in Tompkins County 11� Ccwntn�ss�on Expfres july 12,2026 Originally published on ithacajournal.con'i on 09/012023 1"OWN OF 1114ACA Notice of P'Liblic Hearing The Town Board will hold a ptiblie bearing at their meeting on Monday, September it, 2023, whicli begins at 5:30 P.m., at To Hall, .2215 N Tioga St., and broadcast via ZOOM and Yotil'ubel,ive for yonr convenience, to hear all interested parties regarding as local law amending Town of Itbaca Code, Chapter 148, Environniental Quality Review, to tadd all signs except off-preni.ises signs to theType 11 List.,rhe draft local law, and links to alternate attendance are available on the Town's website, w town . itjC�LjLyj _ .. ................ ......... -j1iL,� Pattlette Rosa Town Clerk 9/1/23