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HomeMy WebLinkAboutTB Minutes 2024-12-09MEETING OF THE ITHACA TOWN BOARD December 9, 2024, 5:30 p.m. 215 N Tioga St For your convenience, this meeting will be also broadcast via ZOOM (929) 436-2866 Meeting ID 98910958241 and available afterwards on YouTube Link AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Public hearing regarding a proposed local law revising Town of Ithaca Code Chapter 270: Zoning violations and penalties 4. Public hearing no action regarding the proposed Purchase of Development Rights Pokorney at 282 Hayts Road (Permissive Referendum) 5. Consider setting a public hearing regarding a 1-year extension – City of Ithaca Fire Department Contracted Services 6. Consider approval of Teamsters Union Contract 7. Consider approval of revised 2025 wage scale and wages 8. Consider award of the Public Works Facility Mechanical, Electrical, & Plumbing and Structural Improvements Project contract 9. Consider approval and authorization to execute a 3-year contract with Edmunds Gov Tech for Real Property Tax Billing Program 10. Consider resolutions of Appreciation a) Fred T Wilcox III – Planning Board b) David Squires – Zoning Board of Appeals 11. Consider actions associated with the Town’s Deer Management Program for 2025: a) Deer Damage Permit application to NYSDEC for 2025 b) License agreement with the City of Ithaca for use of land – Six Mile Creek area c) Variance for use of Culver Road, Glenside, and Pine Tree Wildlife Preserves d) Cornell Botanic Gardens variance request for access to Culver Preserve 12. Consider Consent Agenda a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of Bolton Point Abstract d) Approval of provisional appointment of Finance Officer – Anderson e) Approval of modification to Deputy Finance Officer and approval of promotional appointment f) Ratify permanent non-competitive appointments at SCLIWC due to NYS HELPS Program g) Ratify appointment of Deputy Receiver of Taxes – Homer h) Approval of revised Personnel Policies – Several i) Approval of Budget Transfers – Wages (Union Contract associated) 13. Reports of Town Officials 14. Review of Correspondence TB 2024-12-09 (Filed 12/12) Pg. 1 MEETING OF THE ITHACA TOWN BOARD December 9, 2024 MINUTES Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Pamela Bleiwas, Margaret Johnson, Susie Gutenberger and Rob Rosen 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 – 5:30p.m. 2. Persons to be Heard and Board Comments 3. Public hearing regarding a proposed local law revising Town of Ithaca Code Chapter 270: Zoning violations and penalties Mr. Howe opened the public hearing; there was no one 4. Public hearing no action regarding the proposed Purchase of Development Rights Pokorney at 282 Hayts Road (Permissive Referendum) TB Resolution 2024 - 129: Authorization to Purchase an Agricultural Conservation Easement on Tax Parcel No. 24.-1-34.2 (C. Denise Scott-Pokorney / 282 Hayts Road) Whereas, the Town Board has adopted a Policies and Procedures Manual (July 12, 1999, updated March 13, 2006 and January 7, 2008) with specific guidelines and criteria for implementation of the Agricultural Land Preservation Program; and Whereas, the owner of Town of Ithaca Tax Parcel No. 24.-1-34.2 (C. Denise Scott-Pokorney / 282 Hayts Road) has submitted an application for the potential sale of the development rights to her property through the purchase of an agricultural conservation easement by the Town of Ithaca; and Whereas, an appraisal was completed in January 2024 with the easement value determined to be $127,000, and the landowner has offered to donate ¼ of the value ($31,750), reducing the cost of the easement to the Town to $95,250; and Whereas, the Town has established a reserve fund for open space preservation and park and recreation facilities, and such fund contains sufficient monies for the purpose of the acquisition of this conservation easement; and TB 2024-12-09 (Filed 12/12) Pg. 2 Whereas, a draft agricultural conservation easement and preliminary site plan have been prepared for the project and have been presented to this Board; 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 the acquisition of a conservation easement is a Type II action pursuant to 6 NYCRR Section 617.5(c)(39), and thus the acquisition of the conservation easement is not subject to review under SEQRA; and Whereas, the Town Board held a duly noticed public hearing on December 9, 2024 to consider comments from the public regarding the proposed acquisition of the agricultural conservation easement; now, therefore, be it Resolved, that the Town Board authorizes the execution of the proposed agricultural conservation easement with C. Denise Scott-Pokorney for the receipt by the Town of an agricultural conservation easement on approximately 71 acres of land at 282 Hayts Road in the Town of Ithaca; and it is further Resolved, that the Town Board authorizes the payment to C. Denise Scott-Pokorney of $95,250 for such easement upon closing the transfer, receipt of the executed deed of the easement, and approval of the attorney for the Town of the title to such easement; and it is further Resolved, that payment of said funds are to be made from the Town’s Parks, Recreation & Open Space Plan Account; and it is further Resolved, that the Town pay the incidental costs (recording fees and other similar expenses) as incurred in order to complete such closing; and it is further Resolved, that the Town Supervisor is hereby authorized to execute said agricultural conservation easement and other related documents on behalf of the Town; and it is further Resolved, that pursuant to General Municipal Law Section 6 (c), this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law (payment of funds are to be made from the Town’s Parks, Recreation & Open Space Plan Account, which is a reserve fund), and the Town Clerk is directed to publish and post a notice of adoption of this resolution, within ten days of its adoption, together with a copy or an abstract of the resolution and a notice stating it is subject to a permissive referendum. Moved: Rich DePaolo Seconded: Rod Howe Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 5. Consider setting a public hearing regarding a 1-year extension – City of Ithaca Fire Department Contracted Services TB 2024-12-09 (Filed 12/12) Pg. 3 TB Resolution 2024 -130: Set a Public Hearing Regarding a Proposed Fire Contract with the City of Ithaca for Fire Protection and Emergency Services for Part of the Town of Ithaca Fire Protection District, and for the Approval of Related Capital Projects Whereas, the Town of Ithaca, on behalf of the Town Fire Protection District, has negotiated a fire contract with the City of Ithaca for the provision of fire protection services and emergency services in virtually all of the Town except for the Village of Cayuga Heights and the northeast portion of the Town pursuant to Town Law § 184; and Whereas, Town Law § 184 requires a public hearing be held on the proposed contract, and Whereas, Section 7 of the current contract requires the City to inform the Town of proposed capital projects in excess of $100,000, as such projects, and aggregate capital expenditures per annum in excess of $200,000 are subject to Town approval; now, therefore be it Resolved, that the Ithaca Town Board will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 30th day of December 2024, beginning at 11:00 a.m. for the purpose of considering the proposed fire contract and related capital projects; and it is further Resolved, that at such time and place all persons interested in the proposed contract may be heard concerning the same. Moved: Margaret Johnson Seconded: Susie Gutenberger Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 6. Consider approval of Teamsters Union Contract TB Resolution 2024 - 131: Approval of Collective Bargaining Agreement with Teamsters Local 317 Public Works Department Unit for 2025-2027 Whereas, effective January 1, 2008, the Town Board recognized Teamsters Local 317 as the exclusive representative for collective bargaining purposes of certain full-time probationary and full-time post-probationary Department of Public Works employees; and Whereas, the term of the expiring contract with Teamsters Local 317 was through December 31, 2024; and Whereas, the Town’s negotiations team and Teamster’s negotiations team have come to a tentative agreement on the changes to the collective bargaining contract for the term of January 1, 2025 through December 31, 2027; and Whereas, the Personnel & Organization Committee reviewed the changes to the contract on November 25, 2024, and recommend approving the collective bargaining agreement; and Whereas, the employees in the collective bargaining unit met on December 4, 2024, and had a majority affirmative vote to ratify the contract; now, therefore, be it TB 2024-12-09 (Filed 12/12) Pg. 4 Resolved, that the Town Board of the Town of Ithaca does hereby accept the recommendation of the negotiation team and Personnel & Organization Committee and approves the signing of the collective bargaining agreement effective January 1, 2025, through December 31, 2027, between the Town of Ithaca and Teamsters Local 317. Moved: Pamela Bleiwas Seconded: Rod Howe Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 7. Consider approval of revised 2025 wage scale and wages TB Resolution 2024 – 132: Approval of 2025 Office and Field Classification Wage Scales and Approval of 2025 Employee Wages Whereas, the Town Board of the Town of Ithaca approved the proposed 2025 Office Wage Scale and Class VI of the Field Wage Scale with a 3.5% COLA adjustment and the 2025 wages for the Town of Ithaca non-collective bargaining employees on November 4, 2024; and Whereas, the Personnel & Organization Committee recommends providing Town of Ithaca non- collective bargaining employees for the year 2025 the same 4.0% cost of living adjustment as approved in the Teamsters Collective Bargaining Agreement for 2025; now therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve a 4.0% COLA on the Job Rate for all classifications when establishing the 2025 Office Wage Scale and Field Wage Scale; and be it further Resolved, the Town Board of the Town of Ithaca does hereby approve the said wages for the non- collective bargaining employees and collective bargaining employees for 2025, as filed in the Human Resources Office. Moved: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 8. Consider award of the Public Works Facility Mechanical, Electrical, & Plumbing and Structural Improvements Project contract TB Resolution 2024 - 133: Authorization to Award and Execute Construction Contracts and Construction Phase Engineering Services for the Town of Ithaca Public Works Facility Mechanical, Electrical, and Plumbing (MEP) and Structural Improvements Project Whereas, on November 15, 2024, the Town of Ithaca Director of Engineering (Director) and Deputy Clerk received bids for the Town of Ithaca Public Works Facility Mechanical, Electrical, and Plumbing (MEP) and Structural Improvements Project Construction Contracts (the Project), for the replacement and/or improvement of various MEP components and repair of a damaged concrete garage floor slab at the Town of Ithaca Public Works Facility, and TB 2024-12-09 (Filed 12/12) Pg. 5 Whereas, the Director has reviewed the bids, qualifications of the bidders, and has determined that the lowest responsive bids by the lowest responsible bidders are as shown below in Table 1, and Table 1 Constructi on Contract Bidder Bidder Adress Bid Amount General Edger Enterprises of Elmira, Inc. 330 East 14th Street, Elmira Heights, NY 14903 $120,800.00 Mechanical DFM Mechanical Services, Inc. 390 Peruville Rd, Freeville, NY 13068 $487,458.00 Plumbing DFM Mechanical Services, Inc. 390 Peruville Rd, Freeville, NY 13068 $199,375.00 Electrical Upstate Companies I, LLC 1690 State Highway 8, Mount Upton, NY 13809 $139,900.00 Construction Contract Total = $ 947,533.00 Construction Contingency, Special Inspections and Testing, Utility Fees (10%) = $ 94,753.30 CA Services = $ 34,538.75 Project Total = $ 1,076,825.05 Whereas, C & S Engineers, Inc. (C&S) has provided a fixed fee proposal of $34,538.75 for bidding and construction administration professional services (CA Services), and Whereas, on November 4, 2024, the Town Board authorized and approved the Project, at a total cost not to exceed $1,193,100.00 subject to a permissive referendum pursuant to the provisions of Town Law §220, and Whereas, the referendum period has expired, with no petitions against the Project being received, now, therefore, be it Resolved, that the Town Board authorizes the award of the construction contracts for the Town of Ithaca Public Works Facility Mechanical, Electrical, and Plumbing (MEP) and Structural Improvements Project to the contractors listed in Table 1 and authorizes the Town Supervisor to execute the contracts, subject to final approval by the Director and review by the Attorney for the Town, and be it further Resolved, that the Director is authorized to approve change orders to said construction contracts, order construction special inspections and testing, and pay utility modification fees with a total TB 2024-12-09 (Filed 12/12) Pg. 6 cost not to exceed $94,753.30 in aggregate, upon receipt of appropriate justification, and be it further Resolved, that the Town Board approves and authorizes the Town Supervisor to execute a contract amendment with C&S for bidding and construction administration professional services for an additional fixed fee of $34,538.75, subject to review by the Attorney for the Town. Moved: Rob Rosen Seconded: Susie Gutenberger Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 9. Consider approval and authorization to execute a 3-year contract with Edmunds Gov Tech for Real Property Tax Billing Program TB Resolution 2024 - 134: Approval of and authorization to sign a contract with Edmunds Gov Tech for Tax Billing Program Services Resolved that the Town Board approves and authorizes the Supervisor to execute a 3-year contract with Edmunds GovTech for a Tax Collection Services Program, at a cost of: Initial setup and historical data conversion of $7,500 and yearly subscription and hosting cost of $7,000/year for a total 3-year cost of $28,500. Moved: Rob Rosen Seconded: Susie Gutenberger Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 10. Consider resolutions of Appreciation a. Fred T Wilcox III – Planning Board TB Resolution 2024 - 135: Recognition of Fred T. Wilcox III for Dedicated Years of Service to the Town Whereas, Fred T. Wilcox III, as a long-time Ithaca resident, has served the Town of Ithaca with dedication and passion for thirty (30) years; and Whereas, Fred, appointed to the Town of Ithaca Planning Board on January 1, 1995, has led the Board with confidence, knowledge, and diplomacy throughout his service; and Whereas, Fred took his role on the Board seriously, bringing fairness, professionalism, patience, and consistency, while serving as Chair to the Planning Board for most of his thirty years; and Whereas, during his time with the Planning Board, Fred also served on the Town’s Planning Committee and the Codes and Ordinances Committee, offering thoughtful and substantial input into the Committees’ legislative-making processes; and Whereas, Fred was on the New York Planning Federation Board of Directors for more than ten years (serving as President for two of those years), which exemplified Fred’s passion for the TB 2024-12-09 (Filed 12/12) Pg. 7 Federation’s mission of ensuring that Planning/Zoning Board members and elected officials receive the training and education needed for their roles in making important decisions related to development and land use matters; and Whereas, among his many talents, Fred offered his expertise and guided Town staff with statistical analyses and formulas that were applied to the 2003 Zoning Ordinance update, the 2014 Comprehensive Plan update, and other Town reports and research; and Whereas, Fred often arrived at Planning Board meetings early to enjoy a cup of coffee and settle in; and afterward left a trail of mangled paper clips at his seat, having twisted them into complete un-usability during discussions; and Whereas, Fred “IAABEFBOP” (Insisted that All Acronyms Be Explained For the Benefit of the Public) at all Planning Board meetings; and Whereas, Fred had no need for sound amplification, as his booming voice could be heard by everyone, much to the pleasure of the clerk and the chagrin of some audience members; and Whereas, the Town of Ithaca is indebted to Fred for his invaluable contributions to the community and is grateful for Fred’s service as an enthusiastic member of the Planning Board, Planning Committee, and Codes and Ordinances Committee. The Town of Ithaca has significantly benefited from his desire to serve our municipality; now, therefore, be it Resolved, that on this 9th day of December 2024, the Town Board of the Town of Ithaca, on behalf of the Town and its residents, expresses its sincerest appreciation to Fred T. Wilcox III for his longevity and his dedicated service. May his retirement bring him more opportunities to travel, more time to be with loved ones, and more time to attend his beloved car racing events. Moved: Margaret Johnson Seconded: Rod Howe Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger b. David Squires – Zoning Board of Appeals TB Resolution 2024 - 136: Recognition of David Squires’ Dedicated Years of Service Whereas, David Squires has served the Town of Ithaca with dedication for over six years; and Whereas, David was appointed to the Zoning Board of Appeals on April 9, 2018, and acted as Chair since January, 2022, and Whereas, David brought his experience and familiarity with Tompkins County properties from his tenure as the County’s Finance Director when hearing appeals, and Whereas, David was diligent in his responsibilities as Chair, missing only one meeting throughout his tenure, and TB 2024-12-09 (Filed 12/12) Pg. 8 Whereas, the Town of Ithaca is grateful for David’s service and has greatly benefited from his thoughtful review of applications and projects and his desire to serve our municipality; and Whereas, the Town of Ithaca is indebted to David for his invaluable contributions to the community; now, therefore, be it Resolved that the Town Board of the Town of Ithaca, on behalf of the Town and its residents, expresses its sincere appreciation and gratitude to David Squires for his years of dedicated service to our community. Moved: Rob Rosen Seconded: Eric Levine Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger 11. Consider actions associated with the Town’s Deer Management Program for 2025: a. Deer Damage Permit application to NYSDEC for 2025 TB Resolution 2024 - 137: Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation for 2025 Whereas, in May 2017, the Town of Ithaca Conservation Board presented a report (titled “Deer Management: Recommended Actions for the Town of Ithaca”) to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas, this report outlined the history and justification of deer management (health and human safety, ecological, agricultural losses, car-deer collisions, NYSDEC Deer Management Focus Area), provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub- committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas, in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions, has, on February 11, 2019 , made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and TB 2024-12-09 (Filed 12/12) Pg. 9 Whereas, the Town has previously applied for and received Deer Damage Permits from NYSDEC (2019 – 3 locations and harvested 1 deer; 2020 – 6 locations and harvested 20 deer; 2021 – 9 locations and harvested 42 deer; 2022 – 9 locations and harvested 40 deer; 2023 - 9 locations and harvested 17 deer; 2024 – 8 locations and harvested 10 deer); now, therefore, be it Resolved, that the Supervisor is authorized to sign a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2025, including any associated future documents, forms, or reports. Moved: Eric Levine Seconded: Rob Rosen Vote: Ayes – Levine, Rosen, Howe, Bleiwas, Johnson and Gutenberger Nays – DePaolo b. License agreement with the City of Ithaca for use of land – Six Mile Creek area TB Resolution 2024 - 138: Authorization to Sign a License Agreement with the City of Ithaca for use of the Six Mile Creek Natural Area Property as part of the Town’s Deer Management Program for 2025 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation for deer culling in 2025; and Whereas, Town of Ithaca and City of Ithaca staff have identified three locations on City of Ithaca owned lands in the Six Mile Creek Natural Area for the deer program; and Whereas, the City of Ithaca has participated in the program the past five years and wish to continue with using three locations on City of Ithaca owned lands in 2025; and Whereas, a “Revocable License to Authorize Town Use of Six Mile Creek Natural Area Property” has been prepared; Now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with the City of Ithaca for use of the Six Mile Creek Natural Area as part of the Town’s deer management program for 2025. Moved: Eric Levine Seconded: Rob Rosen Vote: Ayes – Levine, Rosen, Howe, Bleiwas, Johnson and Gutenberger Nays – DePaolo c. Variance for use of Culver Road, Glenside, and Pine Tree Wildlife Preserves TB 2024-12-09 (Filed 12/12) Pg. 10 TB Resolution 2024 - 139: Granting a variance from the Town of Ithaca Code, Chapter 200 “Parks & Recreation Areas” to allow Culver Road Preserve, Glenside Preserve, and Pine Tree Wildlife Preserve to be used in the Town’s 2025 Deer Management Program Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to operate a bait/culling site on the Culver Road Preserve (Tax Parcel No.’s 31.-1-14.2, 31.-1-14.4, and 32.-1- 7), the Glenside Preserve (Tax Parcel No. 30.-1-1.3), and the Pine Tree Wildlife Preserve (Tax Parcel No. 57.-1-11.13), which, if granted, would permit participants to be on the three Preserves during normally closed hours and to possess and discharge firearms and/or archery equipment (compound bow or crossbow), and Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to park and access East Ithaca Nature Preserve (Tax Parcel No. 57.-1-11.12), which, if granted, would permit participants to be on the property during normally closed hours and to possess archery equipment (compound bow or crossbow), and Whereas, the Town’s Deer Management Program has been operating for the past six years on private property and City and Town of Ithaca owned properties throughout the Town of Ithaca, and Whereas, a variance was granted by the Town Board to use the Culver Road Preserve in 2022- 2024, the Glenside Preserve in 2023 and 2024, and the Pine Tree Wildlife Preserve in 2024 for the deer management program, and Whereas, the Town’s Culver Road Preserve (155 acres in total, 96 acres in the three tax parcels listed above), Glenside Preserve (7 acres) and Pine Tree Wildlife Preserve (14 acres) presents an opportunity for the town to support and actively participate in the deer management program for the many reasons described in the Conservation Board’s report, but especially the potential ecological benefits, and Whereas, the Town Board has discussed the request and determined that good cause exists for another time-limited variance, now therefore be it Resolved, that the Town Board grants a variance to the Town’s Deer Management Program from Town of Ithaca Code Sections 200-3.A “General Regulations” and 200-5.E “Prohibited Activities” to allow participants to be on the Culver Road Preserve, Glenside Preserve and Pine Tree Wildlife Preserve during normal closed hours (24 hours per day) and to allow participants to possess and discharge firearms and/or archery equipment as part of the Town Deer Management Program, and to allow participants to be on the East Ithaca Nature Preserve during normally closed hours (24 hours per day) and to allow participants to possess archery equipment as part of the Town’s Deer Management Program, with the following conditions: TB 2024-12-09 (Filed 12/12) Pg. 11 1. Program participants must adhere to all DEC regulations related to culling activities contained in the Deer Damage Permit issued to the Town of Ithaca, and 2. This variance is valid February 1, 2025 through March 31, 2025, 1 hour prior to sunset through 1 hour after sunrise, and With the following findings: 1. The Town Board finds good cause to grant this variance. The benefit to the Town’s Deer Management Program outweighs the detriment that would result from strict enforcement of Chapter 200, and 2. The Culver Road Preserve is approximately 155 acres (96 acres in portion requested to be used), the Glenside Preserve is approximately 7 acres, and the Pine Tree Wildlife Preserve is approximately 14 acres, all with adequate space to operate a bait site, and 3. Using the Town owned Culver Road Preserve, Glenside Preserve, and Pine Tree Wildlife Preserve will support the Town’s Deer Management Program and will help to reduce deer browse on Town natural lands, and 4. Using the Town owned East Ithaca Nature Preserve will allow participants to retrieve deer if necessary and to access the adjacent properties being used in the program easier. Moved: Susie Gutenberger Seconded: Rob Rosen Vote: Ayes – Levine, Rosen, Howe, Bleiwas, Johnson and Gutenberger Nays – DePaolo d. Cornell Botanic Gardens variance request for access to Culver Preserve TB Resolution 2024 - 140: Approval of a variance from the Town of Ithaca Code, Chapter 200 “Parks & Recreation Areas” to allow access through Culver Road Preserve for participants of the Cornell Botanic Gardens Deer Management Program Whereas, since 2018, Cornell Botanic Gardens (Gardens) requested and received a variance from Town Code Sections 200-3.A and 200-5.E to allow the participants of the Gardens’ deer management program (Program) to travel through the Culver Road Preserve (Preserve) outside the permitted period of ½ hour before sunrise through ½ hour after sunset with unloaded firearms (including archery equipment, shotguns, rifles and muzzleloaders), to access Cornell’s adjacent Coy Glen Natural Area, and to allow the use of motorized vehicles to retrieve deer, and Whereas, the Gardens is requesting an extension of the existing variance for another three years, and Whereas, there have been modifications and changes to the variance since its issuance, an TB 2024-12-09 (Filed 12/12) Pg. 12 Whereas, the Preserve is being improved and therefore some terminology in the existing variance is no longer accurate, and Whereas, there have been no complaints or issues communicated to the Town to date regarding this variance, its implementation, or its extensions, now therefore be it Resolved, that the Town Board finds good cause to grant a new variance to the Gardens from Town of Ithaca Code Section 200-3.A "General Regulations" and Sections 200.5- C & E "Prohibited Activities" to allow the Garden’s Participants to travel through the Preserve outside of the allowed period of ½ hour before sunrise through ½ hour after sunset with unloaded firearms and any other legal deer hunting implements and to permit the use of motorized vehicles in the Preserve to retrieve deer, with the following Conditions: 1. Program participants must adhere to all DEC regulations related to hunting activities contained in the permit issued to Cornell Botanic Gardens, and 2. This variance is limited to travel through the Preserve to access the Coy Glen Natural Area, and 3. All firearms possessed by Program participants while on the Preserve, and 4. This variance is valid for three years, from November 1st through April 30th, with the following Findings: The Town Board finds good cause to grant this variance, specifically: 1. That the benefit to the Town outweighs any detriments that could result from the strict enforcement of Chapter 200 for the reasons stated in Cornell Botanic Gardens’ original application dated January 26, 2021, and 2. Cornell currently has an access easement across the Culver Road Preserve granted by a previous property owner that does not restrict Cornell’s ability to drive vehicles, possess loaded or unloaded firearms, or the hours of access through the Preserve, but, that access easement is located in an area of steep topography and this broader variance is safer for participants, and 3. This safer access and requirement that firearms must be unloaded benefits the Town by reducing the possibility of accidents on the Preserve. Moved: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes – Levine, Rosen, Howe, DePaolo, Bleiwas, Johnson and Gutenberger TB 2024-12-09 (Filed 12/12) Pg. 13 2) Consider Consent Agenda TB Resolution 2024 - 141: Adopt/Approve Consent Agenda Items a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approval of provisional appointment of Finance Officer – Anderson e. Approval of modification to Deputy Finance Officer and approval of promotional appointment f. Ratify permanent non-competitive appointments at SCLIWC due to NYS HELPS Program g. Ratify appointment of Deputy Receiver of Taxes – Homer h. Approval of revised Personnel Policies – Several i. Approval of Budget Transfers – Wages (Union Contract associated) Moved: Eric Levine Seconded: Susie Gutenberger Vote: Ayes – Levine, Rosen, Howe, DePaolo, Bleiwas, Johnson and Gutenberger TB Resolution 2024 - 141b: Town of Ithaca Abstract No. 23 for FY-2024 Resolved that the Town Board authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 1117 - 1166 General Fund Town Wide 668,879.14 General Fund Part-Town 174,712.14 Highway Fund Town Wide DA 31,230.46 Highway Fund Part Town DB 144,493.20 Water Fund 771,203.19 Sewer Fund 370,361.77 Risk Retention Fund 469.14 TOTAL 2,161,349.04 TB Resolution 2024 - 141c: Bolton Point Abstract Resolved, that the governing Town Board authorizes the payment of the following audited vouchers. Voucher Numbers: 477-523 Check Numbers: 21829-21875 Capital Impr/Repl Project $ 280,617.14 Operating Fund $ 137,319.12 TB 2024-12-09 (Filed 12/12) Pg. 14 TOTAL $ 417,936.26 TB Resolution 2024 - 141d: Provisional Appointment of Finance Officer Whereas, there is a vacancy in the Finance Officer position; and Whereas, the interview committee comprised of Supervisor Howe, Town Councilpersons Eric Levine and Pamela Bleiwas interviewed and then determined that Kelly Anderson possess the necessary knowledge and skills to satisfactorily perform the duties of the Finance Officer and make the recommendation of appointment; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve of the provisional appointment of Kelly Anderson as Finance Officer, effective January 13, 2025; and be it further Resolved, that this will be a full-time salaried position based on 40 hours per week, at the 2025 annual salary of $100,713.60 in Job Classification “H”, with full time benefits from account A1340.100; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for the position; and be it further Resolved, Ms. Anderson will be required to complete a minimum twenty-six (26) week probationary period associated with this title, with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Supervisor. TB Resolution 2024 -141e: Approve Modifications to the Deputy Finance Officer Position, and Approve Promotional Appointment Whereas, the Town of Ithaca, in accordance with applicable Civil Service laws, rules and regulations, maintain appropriate titles, positions and job descriptions and the following recommended changes have been approved by Tompkins County Civil Service; and Whereas, the Interim Finance Officer and Human Resources Manager recommends revising the Deputy Finance Officer job description to better align with current needs and to include the role and responsibilities of the Receiver of Taxes and recommend reclassifying the position from “F” grade to “E” grade of the Office Job Classification system; and Whereas, they further recommend the promotion appointment of Deborah Kelley, Bookkeeper to the Supervisor and Receiver of Taxes to the role of Deputy Finance Officer; and Whereas, the Personnel & Organization Committee discussed the recommended changes to the job description, reclassification and promotional appointment and concurs with the recommendations; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve of the revisions of the Deputy Finance Officer job description, which includes the Receiver of Taxes role, and TB 2024-12-09 (Filed 12/12) Pg. 15 reclassifying the position to the “E” Office Job Classification grade in the 2025 Wage Scale; and be it further Resolved, the Town Board approves promoting Deborah Kelley, Bookkeeper to the Supervisor and Receiver of Taxes, to the Deputy Finance Officer position effective January 1, 2025, at $38.25 per hour, in job classification “E” at step 1, due to internal promotion. TB Resolution 2024 - 141f: Ratify Approval of Permanent Non-Competitive Appointment of Certain Positions Due to NYS HELPS Program at SCLIWC. Whereas, NYS Civil Service has developed the NY Hiring for Emergency Limited Placement Statewide (NY HELPS) Program, which allows for competitive positions to be filled via non- competitive appointment, which means examinations are not required, but candidates must meet the minimum qualifications of the titles for which they apply; and Whereas, the SCLIWC’s titles of Senior Water Treatment Plant Operator, Distribution Operator, Assistant Finance Manager and Geographic Information Systems / Information Technology Specialist (GIS/IT) have been approved under the NY HELPS program as being characterized as “Non-Competitive”; and Whereas, the Commission on December 5, 2024, approved the permanent non-competitive civil service appointments of Jacob Bolten, Geographic Information Systems / Information Technology Specialist (GIS/IT), John T Fleming and Zackary Chaffee, Distribution Operator, and Megan Falicchio, Sr. Water Treatment Plant Operator, retroactive to October 1, 2024 and Tina Beckman, Assistant Finance Manager retroactive to November 12, 2024, with no changes in their wages and benefits; now therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s permanent non- competitive appointments of Jacob Bolten, Geographic Information Systems / Information Technology Specialist (GIS/IT), John T Fleming and Zackary Chaffee, Distribution Operator, and Megan Falicchio, Sr. Water Treatment Plant Operator, retroactive to October 1, 2024, and Tina Beckman, Assistant Finance Manager, retroactive to November 12, 2024, with no changes in their wages and benefits. TB Resolution 2024 - 141f: Appointment of Deputy Receiver of Taxes for the 2025 Be it Resolved that the Town Board of the Town of Ithaca hereby ratifies the Receiver of Taxes’ appointment of Abby Homer, Administrative Assistant III, as the Deputy Receiver of Taxes, for the 2025 tax collection season of December 15, 2024, through April 1, 2025; and be it further Resolved, that the Town Board approves of the payment of a $1,000 stipend to be paid out in $200 increments over the first 5 payrolls of 2025. TB Resolution 2024 - 141g: Adoption of Revised Personnel Policies-Several TB 2024-12-09 (Filed 12/12) Pg. 16 Whereas, the Town has been negotiating with the Teamsters Unit at the Public Works Facility and several policies have been discussed for changes and improvements, and Whereas, the Employee Relations Committee and Personnel & Organization Committee have reviewed the revised policies and recommended revising them for all Town staff, and Whereas, the Teamsters Collective Bargaining agreement sets certain values for cell phone reimbursement, safety toed shoe reimbursement and a uniform allowance which the Personnel and Organization Committee recommends being the same values for any position in the Town that also receives these benefits, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve the revised policies listed to replace the current policies in the Personnel Manual, and be it further Resolved, that the Town Board approves extending the value established in the Teamsters Agreement to those in positions that also receives cell phone reimbursement, safety toed shoe reimbursement and a uniform allowance. Revised Policies: Holiday Policy, Retiree Health Insurance Policy, Longevity Policy, Shift Differential, Vacation Policy, and Bereavement Policy. TB Resolution 2024 - h: Approval of 2025 Budget Transfers for Wages Whereas, the Town Finance Officer has reviewed all salary accounts for the 2025 Budget, and Whereas, this review disclosed certain budgetary expenditures requiring transfers in light of the new union contract, summarized below: General Town-wide Fund Budget Transfers Account Description From To A1990.499 Contingency Account 353 A1440.100 Regular - Engineering 16,000 A1340.100 Regular – Budget 500 A1010.100 Regular – Town Board 550 A1110.100 Regular – Justice Court 900 A1220.100 Regular – Town Supervisor 280 A1220.101 Regular – Deputy Supervisor 60 A1220.103 Regular - Admin 220 A1316.100 Regular – Accounting 6,900 A1330.100 Regular – Tax Collection 1,530 A1410.100 Regular – Clerk 1,000 A1620.100 Regular – Buildings (TH) 100 A1620.101 Regular – Highway Labor (TH) 13 A1680.100 Regular – IT 900 TB 2024-12-09 (Filed 12/12) Pg. 17 A3120.100 Regular – School Crossing Guards 1,000 A5010.100 Regular – Highway Super 1,200 A5132.100 Regular – Highway Garage 400 A5132.101 Regular – Highway Garage PW 150 A7110.100 Regular – Parks 500 A7110.101 Regular – Parks PW 1,050 A8540.101 Regular – Stormwater 75 A8810.101 Regular – Cemetery 25 General Part-Town Budget Transfers Account Description From To B8020.403 Planning Study 9,300 B8010.100 Regular – Zoning & Codes 3,100 B8010.101 Board Members 4,000 B8020.100 Regular – Planning 1,800 B8020.120 Sustainability Planner 400 Highway Fund Budget Transfers Account Description From To DA5142.452 Road De-Icing 799 DA5130.100 Regular – Machinery 279 DA5142.100 Regular – Snow Removal 520 Highway Part-Town Fund Budget Transfers Account Description From To DB5110.450 Petroleum Products 2,589 DB5112.102 Overtime – Permanent Improve 500 DB5110.100 Regular – General Repairs 1,250 DB5110.101 Deputy Highway Super 445 DB5112.100 Regular – Perm Improvements 350 DB5130.100 Regular – Machinery 594 DB5140.100 Regular – Brush & Weeds 450 Water Fund Budget Transfers Account Description From To F1990.499 Contingency Account 210 F8340.100 Regular – Transmission/Distribution 850 F8310.100 Regular – Water Admin 310 F8340.101 Labor – Transmission/Distribution 750 Sewer Fund