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HomeMy WebLinkAboutTB Packet 2018-06-25 MEETING OF THE ITHACA TOWN BOARD Monday, June 25, 2018 4:30 p.m. AGENDA 1. Call to Order 2. Discuss and consider award of contract—2018 Sanitary Sewer Manhole Rehabilitation Proj ect 3. Discuss and consider authorization for the Town Supervisor to sign a contract associated with the NYS DOS grant: Cayuga Lake Watershed Plan Intermunicipal Organization and Implementation Plan 4. Discuss and consider authorization for the Town Supervisor to sign an agreement with HOLT to begin a study of the Public Works Facility 5. Discuss and consider authorization to apply for two Community Forest grants: a. Remove invasive species b. Forest Management Plan 6. Discuss and consider a Resolution of Appreciation —Stanley Schrier 7. Committee Reports a. Planning Committee b. Public Works Committee i. Coddington Road Project c. Personnel and Organization Committee d. Budget Committee e. Ad Hoc Committees 8. Consent Agenda a. Approval of Town Board minutes b. Approval of Town of Ithaca Abstract c. Ratify permanent appointments —Public Works 9. Adjourn ITHACA TOWN BOARD Monday, June 25, 2018 TB Resolution 2018 - : Authorization to Award the Contract for the 2018 Sanitary Sewer Rehabilitation Proiect Whereas: The adopted 2018 Ithaca Town Budget included $300,000 for Sanitary Sewer Rehabilitation, which includes Manholes; and Whereas:pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval, construction and implementation of the 2018 Sanitary Sewer Rehabilitation Project (the "Improvement" or "Project") are a Type H Action because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; and Whereas: On June 5, 2018, the Director of Public Works/Highway Superintendent (Director)received bids for the Project; and Whereas: The Director has reviewed the bids and qualifications of the bidders and has determined the lowest responsive bid in the amount of$174,450 was made by the lowest responsible bidder,National Water Main Cleaning Company, 25 Marshall Street, Canton MA 02021; now therefore be it Resolved: That the Town Board hereby authorizes the award of the contract for the Town of Ithaca 2018 Sanitary Sewer Manhole Rehabilitation Project to National Water Main Cleaning Company; and be it further Resolved: that the Town Supervisor is authorized to execute such contract subject to approval of the final contract documents by the Town Engineer and Attorney for the Town; and be it further Resolved: that the Director is authorized to approve change orders to such contract upon receipt of appropriate justification provided the maximum amount of such change orders shall not in the aggregate exceed $17,550.00 without prior authorization of this Board, and provided further that the total project cost, including contract, engineering, legal, inspection, and other expenses, does not exceed the maximum authorized cost of$192,000 for the project. Moved: Seconded: Vote: 2018 Sanitary Sewer Rehabilitation Project rmain Cleaning Company Kenyon Pipeline Inspection,LLC Skanex Pipe Services Grant Street Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost $6,500.00 $5,000.00 $5,000.00 $5,300.00 $5,300.00 $4,000.00 $4,000.00 $5,000.00 $10,000.00 $10,000.00 $1,000.00 $1,000.00 $8,000.00 $8,000.00 $90,000.00 $16.45 $59,220.00 $27.00 $97,200.00 $18.00 $64,800.00 $16,100.00 $3,000.00 $21,000.00 $1,450.00 $10,150.00 $3,500.00 $24,500.00 $7,500.00 $2,500.00 $12,500.00 $1,000.00 $5,000.00 $2,200.00 $11,000.00 $2,750.00 $185.00 $10,175.00 $300.00 $16,500.00 $130.00 $7,150.00 $9,000.00 $1,800.00 $10,800.00 $1,500.00 $9,000.00 $3,000.00 $18,000.00 $11,200.00 $500.00 $16,000.00 $800.00 $25,600.00 $1,000.00 $32,000.00 $9,000.00 $800.00 $19,200.00 $1,000.00 $24,000.00 $1,000.00 $24,000.00 $11,400.00 $1,200.00 $14,400.00 $1,430.00 $17,160.00 $1,500.00 $18,000.00 $6,000.00 $3,200.00 $6,400.00 $4,000.00 $8,000.00 $7,000.00 $14,000.00 $174,450.00 TOTAL $184,695.00 TOTAL $218,910.00 TOTAL $225,450.00 MEETING OF THE ITHACA TOWN BOARD June 25, 2018 TB Resolution 2018 - : Authorizing the Town Supervisor to sign a contract with Holt Architects P.C. for Space Study for the Administration Expansion of the Public Works Facility Whereas, the Town Board approved and allocated funds in the 2018 Budget for the Space Study for the Administration Expansion of the Public Works Facility, and Whereas, a cost proposal has been prepared and submitted for approval for the Space Study which will include a needs assessment and options, now therefore be it Resolved, that the Town Board hereby authorizes the Town Supervisor to sign the contract with Holt Architects P.C. for the Space Study of the Administration Expansion at the Public Works Facility, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: June 2i2OI8 Mr.James Weber Highway Superintendent/Director ufPublic Works Town of Ithaca Public Works 1U6Seven Mile Drive ii Ithaca, NY1406O Architecture Planning Interior Design Re:Feasibility&Options Study Proposal HOLT Architects ec. Ithaca office: Jim, u�9vvm��2uecl u�aco.wY�4SsO Syracuse office: It was a pleasure speaking with you to discuss expanding the Public Works Facility to better �aosjanm�on��mc� accommodate your growing employee base. s«movae.mvaooz phone.GUr2760 oup�ywwwxoiL c,,)in Enclosed please find our proposal,as well as a brief overview of our related experience. HOLT Architects has been doing business in Tompkins County for over 55 years of.We are committed to the Graham L.Gillespie,AIA Ithaca area and have strong working relationships with state and county government agencies,non- Steven VKHugo,AIA Paul A.Levesque U Am profit mrganizadons,and local businesses.All members ofour team are long-standing local residents A.Quay Tnunnpson'AIA of Tompkins County who work together toward the same common goal-to make Tompkins County an Cindy Kaufman,AIA increasingly �better ' David H.Taube Nathan Brown,AIA VVetake great pride inwhat wedoand indeveloping|onA�ermrp|addVV relationships Thomas Covell,AIA especially enjoy working within the local community and provide extremely responsive service. Sarah Galbreath,AIA Andrew M.Gil,AIA Gary LMyers,AIA Please let us know if you have any questions regarding the proposal or qualifications information. Richard 1Wagner,AIA Very truly yours, HOLT ARCHITECTS, PC Andrew Gil,AIA Associate amg@ho|t.00m Project Approach & Fee Your HOLT team will lead you through a collaborative, streamlined project process to help you understand your options and develop the right plan that helps you realize your facility goals on-time and on-budget. HOLT's philosophy is that we are not the creators of the project vision but rather the translators of your vision into meaningful and functional architecture. Our team also understands that public financial resources need to be used sensibly and therefore we propose this very efficient yet effective approach to your study. • STEP I -PROJECT KICK OFF-A project kick off is a critical milestone in great project delivery. In this meeting,we will establish the roles and responsibilities of the team members, outline the lines of communication for the team, and discuss and establish the vision and goals for the project,We will also set the make-up of the client committee and define how and when the group will engage with the design team, as well as create the road map and plot milestones for the overall project schedule. • STEP 2-BUILDING&SITE ASSESSMENT, DATA GATHERING-A conditions assessment will consist of a walk-through of the building with documentation and analysis of fixed and immovable items(load bearing walls, etc,), and materiality. It is important that this is accurately investigated and documented so that we truly understand what we have to work with moving forward.We will also review any historic documents and drawings, past reports and projects. • STEP 3-PROGRAM NEEDS ASSESSMENT-We begin our design process with a visioning/programming meeting where we will discuss the major programmatic elements within the context of your overall vision and mission.We will create a space program that quantifies each element in terms of square footage and other needs and attributes(adjacencies, MEP, etc).The visioning/programming work sessions are highly interactive and will help create elements that will support the development of the right design solution. • STEP 4- OPTIONS DEVELOPMENT-Once we have established a clear project vision and a quantitative space program of the intended spaces and uses,we will begin to develop ideas for the two distinct expansion options. We will help evaluate each option against the established vision and criteria such as functionality,flexibility, costs, and sustainability features; and present each option, along with their pros and cons,for selecting a concept with which to move forward. • STEP 5-CONCEPTUAL FLOOR PLAN&PRESENTATION-We will work with the client committee to develop and refine the selected option and present the final concept and conceptual estimate for approval.The team.will prepare a Final Draft Report and presentation. During that period a draft will be shared with the committee for approval.All deliverables will be shared electronically,with hard copies provided by request. Fee Based upon our project understanding, project scope and proposed work plan, our lump sum fee for the Feasibility& Options Study of the Public Works Expansion is $20,600 including architect and consultant services, as well as reimburs- ables.This fee is based on.the services listed on the previous page and the hours in the fee breakdown chart below. SurflmarY of NCNect& Cons9.11tnt Fee Discipline Feasibility Study Fee HOLT Architects $11,895.00 Structural Engineering,Elwyn Palmer $1,500.00 MEP Engineering,Sack Associates $4,500.00 Civil Engineering,TG Miller $1,500.00 Landscape Architecture,TWMLA $1,200.00 Subtotal $20,595.00 Reirnbursables; $400.00 TOTAL FEE 1$20,1995.00 Breakdown of HOU'Fed' by Hour,; Principal Project BIM Manager Modeler 2 Feasibility&Options Study $210 $125 $60 TOTALS Iniital programming meeting,consultants,Contracts 4 4 Revit Base Drawing 8 8 Coordination&Review with Structural 4 4 Coordination&Review with Civil and LA 2 2 Coordination&Review with MEP 4 4 Code Review 2 2 Design Options 1 10 11 Mtg with Owner 2 2 Design Development .1 16 17 Interior Elevations,RCP,Exterior Elevations 16 4 20 Progress review with subconsultants 2 2 Mtg with Owner 2 2 Town Board Presentation 1 3 4 Incorporate modifications 2 2 Cost Estimating 1 4 5 Report 1 8 9 Total Hours 5 81 12 98 HOLT FEE $1,060 $10,1261 $720] $11 1 895 Town of Ithaca and Holt Architects Agreement for Services THIS AGREEMENT is made this _day of between the TOWN OF ITHACA with offices at 215 N. Tioga St., Ithaca, N.Y. 14850 (hereinafter referred to as the "Town") and Holt ARCHITECTS, whose address is 619 W. State Street, Ithaca, NY 14850 (hereinafter referred to as the"Consultant"). The Town and Consultant agree as follows: 1. Services to be Performed. Consultant agrees to perform the following services and in the following timeframe for the Town: As outlined within the"Public Works Facility Feasibility& Options Study" dated on 6/15/18. (Attached) 2. Fees. The Consultant shall be paid an amount not to exceed $20,995.00 on a lump sum basis for all charges and costs submitted for the above-described services, including labor and reimbursable expenses. 3. Term of Agreement. The term of this Agreement shall be from June 26, 2018, to September 30, 2018 unless earlier terminated by either party. Notwithstanding the term set forth above, this Agreement may be terminated by either party at any time without cause upon seven (7) days prior written notice to the other party, in which case the Consultant shall be paid pro rata for the satisfactory work performed to the date of termination. This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. Termination shall be effected by the breaching party's receipt of a written notice of termination setting forth the manner in which the party is in default. In the event of the Town's termination for Consultant's default, the Consultant will be paid only for services performed in accordance with this Agreement. If it is later determined by the Town that the Consultant had an excusable reason for not performing, such as a strike, fire, flood, or other events which are not the fault of or are beyond the control of Consultant, the Town may allow the Consultant to continue work, or treat the termination as a termination without cause. 4. Quality of Work. The work to be performed hereunder shall be of good workmanship and quality. If this Agreement is for the performance of services, the Consultant shall perform its services using that degree of skill and care ordinarily exercised under similar conditions by experienced, qualified, competent and reputable professionals practicing in the same field in the same or similar locality at the time of performance. 5. Payment for Services. Payment for services shall be submitted on the standard Town voucher which will list the activities or products, expenses, the dates on which performed, supplied or incurred, and, if applicable, the time spent on each indicated date for which the Town is being billed. The voucher shall be submitted upon completion of services. The Town Board will review same and, if acceptable,pay for the services and/or products after submission of the voucher to the Town Board and approval of same Town of Ithaca Agreement for Services by the Board in compliance with the Town Board's statutory duties to audit claims for payment. 6. Relationship. The Consultant is, for all purposes (including, without limitation, withholding of income tax,payment of workman's compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Consultant shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations to complete the work contemplated by this Agreement. Consultant shall be free to devote such portions of his time not required for the performance of services to the Town in such manner as Consultant sees fit and for such other persons, firms, or entities as Consultant deems advisable,provided that such other services do not constitute a conflict of interest with the interests of the Town. 7. Ownership of Products of Service. All work products of any services to be performed hereunder shall be the property of the Town, and the Town is vested with all rights therein, including the right to use, duplicate, distribute, share or sell such materials, without any further compensation of any nature to Consultant. If patents or copyrights may be obtained with respect to such work, upon payment to Consultant therefore, the Town shall own same and have all rights to same without further compensation to the Consultant. The Consultant retains the right to use the information also. 8. Insurance Requirement. Throughout the term of this Agreement, Consultant shall procure and maintain the insurance described in this Section 8. Upon execution of this Agreement, the Consultant hereby agrees to effectuate the naming of the Town as an unrestricted additional insured on the Consultant's insurance polices, with the exception of workers' compensation and professional liability. The Consultant agrees to indemnify the Town for any applicable deductibles. The policies naming the Town as an additional insured shall: • Be purchased from an A.M. Best rated"secured"New York State licensed insurer. • Contain a 30-day notice of cancellation,non-renewal or material change. • State that the organization's coverage shall be primary coverage for the Town,its Boards, officers, employees, agents and volunteers. • The Town shall be listed as an additional insured by using endorsement CG 2026 or broader. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. • Be written on an occurrence basis. Required Insurance: • Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 aggregate. • Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. 2 Town of Ithaca Agreement for Services • Workers' Compensation and N.Y.S. Disability Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. • Professional Errors and Omissions Insurance $1,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the Consultant performed under this Agreement. Consultant acknowledges that failure to obtain such insurance on behalf of the Town constitutes a material breach of contract. The Consultant is to provide the Town with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Town to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Town. The Town is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR). The Consultant further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the municipality but also the NYMIR, as the Town's insurer. 9. Workers Compensation and Disability Insurance. Upon execution of this Agreement, the Consultant shall present to the Town proof either that the Consultant provides the levels of workers' compensation and disability coverage required by the State of New York or that the Consultant is not required to provide such coverage. 10. Indemnitv. The Consultant agrees to defend, indemnify and hold harmless the Town, its elected officials,public officers, employees, and agents from and against all losses or claims, and costs incidental thereto (including costs of defense, settlement and reasonable attorney's fees) which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage(including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of Consultant or Consultant's employees, agents or subcontractors, with respect to this Agreement. To the extent the Town is negligent, Consultant's indemnification shall not extend to the proportion of loss attributable to the Town's negligence. 11. Consultant May Not Assign. This Agreement may not be assigned by the Consultant without the previous written consent to such assignment from the Town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Consultant and is not intending that it be performed by any other person or entity. 12. Binding Nature of Agreement. This Agreement is binding upon the parties, their respective representatives and successors and, when assignment is permitted, assigns. 3 Town of Ithaca Agreement for Services 13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State's choice of law provisions. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in an appropriate Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 14. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally or by commercial courier service upon the other party at the address set forth above, or, if the mails are operating, mailed by certified mail to the other party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing between the parties. This Agreement may be amended only by written instrument signed by each party. 16. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Consultant and the Town shall survive the completion of services hereunder and the termination of this Agreement. 17. Claims and Disputes Arbitration. The Town may elect to subject disputes arising out of this Agreement to resolution by mediation or arbitration or litigation. This election can be made at any time up until sixty (60) days after the claim or dispute arises in writing. If the Town does not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties at the time of such election, the rules governing mediation or arbitration invoked by the Town shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Consultant hereby waives the right to elect the method of dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 18. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. 4 Town of Ithaca Agreement for Services TOWN OF ITHACA CONSULTANT By: By: William Goodman, Town Supervisor Principal Holt Architects Date: Date: 5 PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: JUNE 20, 2018 RE: GRANT APPLICATIONS NYSDEC 2018 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM - COMMUNITY FOREST MANAGEMENT PLAN GRANT - TREE MAINTENANCE GRANT The New York State Department of Environmental Conservation (NYSDEC) recently announced the availability of funding under the 2018 Urban and Community Forestry Grants Program. In reviewing the funding categories, it appears that there are two potential opportunities that the Town could apply for. One of the funding categories is to develop a Community Forest Management Plan and the other is for Tree Maintenance. The application deadline for both grants is July 12, 2018. Community Forest Management Plan Grant: As you may recall, in 2015 the Town received funding ($23,000) from the Urban and Community Forestry Grants Program to conduct a complete tree inventory within the right-of- way of Town owned roads, a forest assessment of the Town's parks and preserves and a hazard tree inspection along the multiuse trails and walkways of the Town. The Town worked with Newleaf Environmental LLC on this project, which is now complete. With having the inventory, the next step would be to develop a community forest management plan which will help guide the long-term planning of the community forest. Currently, the Town does not have any type of community forest management plan, only minor references to woodlands in the 1997 Park, Recreation and Open Space Plan. The Town's 2014 Comprehensive Plan list several goals and recommendations that could be accomplished through the development of a community forest management plan. With approximately 50 miles of Town owned roads, approximately 12 miles of trail and walkways, approximately 99 acres of parks and approximately 141 acres of preserves, there is a considerable amount of trees and forests under the Town's responsibility. With the proposed grant funding, it is anticipated that we would hire a natural resources professional to prepare the plan with us. The plan could include elements such as: an analysis of the inventory that was just completed; plans to deal with invasive insects (Emerald Ash Borer, Asian Longhorn Beetle, Hemlock Woolly Adelgid, etc.), diseases (Oak Wilt, tree blights, Beech Leaf Disease, etc.), and natural disasters; management strategies aimed at improving/maintaining forest health, watershed protection, as well as wildlife habitat; recommendations for the maintenance and removal of Town owned trees; guidance for future plantings; financial planning; review and recommendations regarding Town regulations; and education of the public and Town staff. As part of developing the plan, the consultant could also prepare a webpage to be used during plan preparation and as a long-term educational page, conduct meetings, provide an executive summary version of the plan, and develop brochures/pamphlets/displays for public outreach and educational purposes. Having a plan could also enhance the Town's ability to apply for funding in the future for tree planting and/or maintenance, invasive species removal, and conducting invasive insect and disease detection surveys. The maximum assistance allowed toward the cost of the project is $50,000, with Community Forest Management Plans not requiring any local match. We are currently working to acquire informal estimates from a couple potential consultants, but anticipate they will be less than the $50,000 maximum. The Town submitted an application for this project last year, but we did not receive funding. Tree Maintenance Grant: For the past few years, the Town has been budgeting between $20,000 -$30,000 per year to help address the invasive plants in our parks, preserves and walkways. The Town has been hiring a certified pesticide applicator to cut and treat invasives along the East Ithaca Recreation Way and in a couple parks and preserves. The Town has been following this treatment with the replanting of native trees and shrubs. While progress has been made, virtually all of the Town's parks, preserves and walkways contain various types of invasive plants. After reviewing the tree maintenance grant description, it appears this could be a great opportunity to get a large amount of this invasive plant work completed with minimal funding from the Town. The maximum assistance allowed toward the cost of the project is $50,000, with the Tree Maintenance category requiring a 25% local match. So potentially using $12,500 of Town funds as the local match, the total project costs could be up $62,500. With the proposed funding, it is anticipated that we would hire a consultant to cut and treat the woody invasives plants with a herbicide on the stump. Following the removal of the invasives, we could hire a contractor to replant the area with native trees and shrubs, do the replanting with Public Works Department staff, or a combination of both. Along with purchasing the plants, we also anticipate purchasing tree tubes and stakes to be installed around the new native plants for protection. Public Works Department and Planning Department staff have discussed several potential Town properties that we could apply for, but recommend the South Hill Recreation Way for this application. The project would cover the entire 3.4 mile length of the trail and would go back at least 15 feet on each side of the trail. Attached are draft resolutions for the Board's consideration for both applications. If anyone would like a copy of the detailed guidelines and application instructions for these two grant opportunities, please let me know. Please contact me if you have any questions prior to the June 25th Town Board meeting. REGULAR MEETING OF THE ITHACA TOWN BOARD JUNE 25, 2018 TB Resolution No. 2018 - : Authorization to Apply for Funding through the New York State Department of Environmental Conservation's 2018 Urban and Community Forestry Grant Program to Develop a Community Forest Management Plan Whereas, the New York State Department of Environmental Conservation (NYSDEC) has announced the availability of funding under the 2018 Urban and Community Forestry Grant Program, which includes a category for Community Forest Management Plans, and Whereas, the maximum assistance allowed toward the cost of the project is $50,000 for Community Grants, with Community Forest Management Plans not requiring any local match, and Whereas, the development of a Community Forest Management Plan is an important step to promote the long term health of the Town's trees and forest lands; and Whereas, the Town estimates the total cast to be less than $50,000 to develop a Community Forest Management Plan, outlined further in the application for this Community Forest Management Plan; and Whereas, grant applications are due by July 12, 2018;now, therefore, be it Resolved, that William Goodman, as Supervisor of the Town of Ithaca, is hereby authorized and directed to file an application for a Community Forest Management Plan under NYSDEC's 2018 Urban and Community Forestry Grant Program in an amount not to exceed $50,000, and upon approval of said request to enter into and execute a project agreement the NYSDEC for such financial assistance to the Town of Ithaca for a Community Forest Management Plan. MOVED: SECONDED: VOTE: REGULAR MEETING OF THE ITHACA TOWN BOARD JUNE 25, 2018 TB Resolution No. 2018 - : Authorization to Apply for Funding through the New York State Department of Environmental Conservation's 2018 Urban and Community Forestry Grant Program to Remove Invasives and Plant Native Trees and Shrubs Alone the South Hill Recreation Way Whereas, the New York State Department of Environmental Conservation (NYSDEC) has announced the availability of funding under the 2018 Urban and Community Forestry Grant Program, which includes a category for Tree Maintenance, and Whereas, the maximum assistance allowed towardthe cost of the project is $50,000 for Community Grants, with Tree Maintenance grants requiring a 25%local match, and Whereas, the past three years the Town has been budgeting funds to eliminate invasive plants and plant native trees and shrubs in Town parks and trails; and Whereas, the South Hill Recreation Way has a variety of woody invasive plants along the entire length and would be an ideal location to focus invasive removal and native plantings; and Whereas, the Town estimates the total cost to be less than $62,500 to remove the invasive plants and plant native trees and shrubs along the South Hill Recreation Way, outlined further in the application for this Tree Maintenance grant; and Whereas, grant applications are due by July 12, 2018;now, therefore, be it Resolved, that William Goodman, as Supervisor of the Town of Ithaca, is hereby authorized and directed to file an application for a Tree Maintenance grant under NYSDEC's 2018 Urban and Community Forestry Grant Program in an amount not to exceed $62,500, and upon approval of said request to enter into and execute a project agreement the NYSDEC for such financial assistance to the Town of Ithaca for Tree Maintenance. MOVED: SECONDED: VOTE: MEETING OF THE ITHACA TOWN BOARD Monday, June 25, 2018 TB Resolution 2018 - : Recognition of Stanley Schrier's Dedicated Years of Service to the Community Whereas, Stanley Schrier, Laborer, started his career with the Town the summer of 1984 as he worked at Town Hall through the County Summer Job Training Program; and Whereas, Stanley was appointed as a full-time Janitor for Town Hall effective September 28, 1984, and has served continuously since that date; and Whereas, with the purchase of a new Town Hall in 2000, Stanley was promoted to Laborer and began working for the Town's Public Works Department; and Whereas, effective June 30, 2018, Stanley has chosen to retire from his employment with the Town, after thirty three (33) years of dedicated service; and Whereas, Stanley was a responsible and highly dedicated to maintaining an effective recycling program for the Town's facilities; and Whereas, Stanley was always known for doing nice things for his fellow employees, which was appreciated; and Whereas, Stanley took a great interest in native trees, shrubs and plants and has helped install hundreds of flower bulbs at Town Hall and town parks; and Whereas, Stanley was always diligent about the safety of the crew when providing flagging coverage and skillfully handled some difficult assignments such as Sand Bank Road reconstruction; and Whereas, the Town of Ithaca has greatly benefited from Stanley's devotion and his desire to serve our community in order to make it a better place to live; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation and gratitude to Stanley Schrier for his dedicated service to our community. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, June 25, 2018 TB Resolution 2018- : Adopt Consent Agenda Resolved that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board minutes b. Approval of Town of Ithaca Abstract c. Ratification of permanent appointments —Public Works Moved: Seconded: Vote: Ayes — TB Resolution 2018- a: Approval of Minutes of June 11, 2018 Whereas the draft Minutes of the June 11, 2018 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved that the Town Board hereby approves the submitted minutes, with changes, as the final minutes of the meetings of June 11, 2018 of the Town Board of the Town of Ithaca. TB Resolution 2018 - : Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 788 - 850 General Fund Townwide 43,580.28 General Fund Part-Town 2,017.29 Highway Fund Town Wide DA 2,352.52 Highway Fund Part Town DB 13,827.24 Water Fund 5,622.54 Sewer Fund 9,299.92 Risk Retention Fund 187.33 Forest Home Lighting District 39.97 Glenside Lighting District 11.94 Renwick Heights Lighting District 20.63 Eastwood Commons Lighting District 27.94 Clover Lane Lighting District 3.70 Winner's Circle Lighting District 5.55 Burleigh Drive Lighting District 13.01 West Haven Road Lighting District 51.65 Coddington Road Lighting District 30.05 TOTAL 77,091.56 TB Resolution 2018— : Ratify Permanent Appointment of Senior Civil Engineer and Civil Engineer Whereas Daniel Thaete was provisionally appointed as the Senior Civil Engineer, effective June 5, 2016,pending the next civil service exam; and Whereas David O'Shea was provisionally appointed as the Civil Engineer, effective August 22, 2016,pending the next civil service exam; and Whereas the Tompkins County Civil Service office has provided the certificate of eligible listing for the Senior Civil Engineer and Civil Engineer titles and Daniel Thaete and David O'Shea are reachable candidates on the corresponding list; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby ratify the Director of Public Works permanent appointment of Daniel Thaete as Senior Civil Engineer and David O'Shea as Civil Engineer, effective June 12, 2018; and be it further Resolved an eight (8)week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Public Works. MEETING OF THE ITHACA TOWN BOARD Monday,June 11, 2018 Minutes Board Members Present: Bill Goodman, Supervisor; Pamela Bleiwas, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Rod Howe Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call the meeting to order and Pledge of Allegiance Mr. Goodman called the meeting to order and added an additional item with the Board's approval. 2. Person to be heard and Board comments Karen Lee, Ms. Lee read a prepared statement and presented a petition (Attachment 1) The petition is regarding the ditches in the Chase Farm subdivision where the residents feel they are too deep and therefore dangerous for children and vehicles. Joanne Cipolla-Dennis, Fingerlakes PULSE, addressed the Board in support of proclaiming June 2018 as LGBTQIA+Pride Month and flying the Rainbow flag on our pole. Ms. Cipolla- Dennis spoke about what it means to her and to other LGBTQIA+to have the visible support of a community as shown by flying the symbol of solidarity, the Rainbow flag. The flag is a public statement to all residents and visitors that all are welcome and supported by the Town. Anne Koreman, Fingerlakes PULSE, added that they have gone to other municipalities asking for the same resolution and flying of the flag; Dryden and City of Ithaca have approved it and the other towns will have it on their agendas this week. She added that Dryden actually approved this as an annual occurrence in June in recognition of LGBTQIA+Pride Month and she would like to see that happen everywhere. Ms. Cipolla-Dennis added that to her, what it means to be inclusive is not to simply say it but to just do it and she thanked the Board for doing it. She added that there is an event on June 301h from 12:30-6:00 at Jacksonville Park to celebrate Pride Month. Board Comments —Mr. Goodman suggested referring the petition regarding the ditches to the Public Works Committee and Mr. Howe as Chair of that committee agreed. The next PWC is Tuesday the 191h at 9:30 at Public Works Facility. 3. Discuss and consider proposed uses for NYSERDA Grant funds Mr. Goldsmith was available to answer questions regarding his memo detailing the proposed uses for the funds. (Attachment 2) TB 2018-06-11 Pg. 1 Ms. Bleiwas asked if the charging station at Town Hall was intended to be public or only for town vehicle(s) and Mr. Goldsmith said at this point, town vehicles while Mr. Goodman added that the lot is open on the weekends and weeknights so it is possible for others to use the charger then but it won't be "advertised" on the site that lists "available" chargers, at least not yet. Mr. Goldsmith added that the price as listed is for a certain location in the lot near a pole, which isn't ideal, but for now, that is the plan. TB Resolution 2018 -078: Authorize proiects for NYSERDA Clean Energy Communities Grant Funding Whereas the Town of Ithaca has been designated a Clean Energy Community for completing 4 of 10 high-impact actions and is now eligible to submit an application for $50,000 of project funding to NYSERDA to support sustainability projects; and Whereas the three recommended projects will support GHG reduction strategies identified in the Comprehensive Plan and the Government Energy Action Plan; and Whereas Town staff has received positive feedback on the three recommended projects from the Town's CEC grant program contact; now therefore be it Resolved that the Town Board authorizes Town staff to submit a grant application to NYSERDA for 1) Electric Vehicle Charging Stations at Town Hall, 2) a Plug-in Hybrid Vehicle for the Code Department Fleet, and 3)Public Works Facility Office Addition Upgrades, and be it further Resolved that the Town Board will accept all grant monies awarded and authorizes the Town Supervisor to execute any agreements or documents associated with same. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: Ayes —Howe, Bleiwas, Hunter, Goodman, Leary, Levine, and DePaolo 4. Consider setting a public hearing regarding a local law to override the Tax Levy Limit established in General Municipal Law §3-c There was no discussion on this item. TB Resolution 2018 - 079: Setting a Public Hearing regarding a proposed Local Law to Override the Tax Levy Limit Established in General Municipal Law 0-c Resolved that the Town Board of the Town of Ithaca will hold a Public Hearing on July 9, 2018 at 5:30 p.m. regarding adoption of a local law to override the tax levy limit established in General Municipal Law §3-c, for the fiscal year beginning January 1, 2019 and ending December 31, 2019. TB 2018-06-11 Pg. 2 Notice of this public hearing shall be published in the official newspaper not less than 5 days prior to the hearing. Moved: Pat Leary Seconded: Rich DePaolo Vote: Ayes —Leary, DePaolo, Goodman, Hunter, Howe, Levine and Bleiwas 5. Consider setting a public hearing regarding a proposed local law amending Chapter 270 of the Town of Ithaca Code, titled"Zoning," and the Town Zoning Map to rezone tax parcels #31.-2-6 (portion of) and 31.-2-28 located at 617 and 619 Five Mile Drive from Low Density Residential to Medium Density Residential There was no discussion on this item. TB Resolution 2018 -080: Setting a public hearing re2ardin2 a proposed local law amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning Map to rezone tax parcels #31.-2-6 (portion of) and 31.-2-28 located at 617 and 619 Five Mile Drive from Low Density Residential to Medium Density Residential Resolved that the Ithaca Town Board will hold a public hearing regarding a proposed local law amending Chapter 270 of the Town of Ithaca Code, titled"Zoning," and the Town Zoning Map to rezone tax parcels #31.-2-6 (portion of) and 31.-2-28 located at 617 and 619 Five Mile Drive from Low Density Residential to Medium Density Residential at its regular meeting on July 9, 2018 beginning at 5:30 p.m. at Town Hall, 215 N. Tioga Street, Ithaca, NY at which time any person wishing to comment can be heard, and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes —Howe, Levine, Goodman, Leary, Hunter, DePaolo and Bleiwas 6. Discuss and consider a proclamation to designate June 2018 as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex,Asexual+Pride Month Ms. Bleiwas moved the resolution with the first option, flying the flag on the flag pole for the month of June; seconded by Mr. Levine. Mr. DePaolo asked if the reference to the County residents should be broadened to include all residents because we have visitors to Ithaca and we do not want to imply we are just protecting and supporting just our own residents. Friendly amendment made to change it to "all people". Mr. DePaolo went on to state that although he understands the importance of this and is wholly in support of it, he is also a little cognizant about potential precedent for any number of groups or TB 2018-06-11 Pg. 3 representatives of other groups that may ask for the similar privilege. He didn't know if there was any kind of criteria to use in determining this or this is a judgement call and a barometer for how the board feels. He didn't know if there was any way to standardize these shows of support by the Board, but he is cognizant of the fact that other potentially marginalized groups may see the Pride flag and it may raise the possibility to of requests to increase the visibility of their group and it is a potential Pandora's Box. Ms. Leary stated that the Town also flies the MIA/POW flag which borders on a political statement but everyone supports POWs and that would make three flags which isn't a proliferation. Ms. Leary went on to say that she understood this resolution had already been edited down from what was sent to the County, but she still had a comment on one paragraph in particular, even though it is true, regarding the economic contributions of the community; she did not think that human rights should depend on anyone's economic contributions to a country or a community and so she did not think that paragraph was needed. Ms. Bleiwas said that she agrees in theory, but it is really important to recognize the contributions to our community that members of the LGBTQ+ community make and she didn't think the paragraph said it was because they make an economic impact but was recognizing that they are part of our economic vitality. Ms. Bleiwas also said that she understands and hears Mr. DePaolo's concerns, but in today's times and political climate, she, as a member of a local government, considers it her duty to support a community whose rights are being compromised and taken away by our federal government and it is more important than ever to stand in solidarity with members of our community. She stated that she was thrilled when Ms. Koreman sent the resolution to her and she was able to put it onto the agenda for tonight and that she couldn't be more proud to fly the Pride flag at Town Hall. Ms. Bleiwas wanted to recognize Deb, Joanne's wife, who is a colleague from the Town of Dryden, who is also flying the Pride Flag and urged everybody to vote in favor of the resolution. Ms. Leary turned back to the resolution, saying that she also didn't think the part about"living more openly"is necessary or relevant saying that no matter how visible people are or are not, they still deserve to be recognized as deserving of human rights. She was fine leaving it in, but wanted to comment on it. Ms. Leary then turned to the length of the acronym which used to be LGBT then LGBTQ+ and she was concerned that we are getting more of the alphabet in there and although it makes sense in the narrative when spelt out, the acronym is too long and she suggested shortening it back to LGBTQ+with the+representing the other people. Mr. Goodman asked Ms. Cipolla-Dennis back to the microphone to speak to the statement and she said that it is a good question and over the years the acronym has grown and is being more inclusive as different groups come into existence. She agreed that it is a little difficult, and she TB 2018-06-11 Pg. 4 had asked the County to actually spell it out in the resolution because she is sure there are people out there that do not know what all the letters stand for, but she would err on the side of inclusion. She said that she did not want to speak for people of those groups and omit any letter and again wanted to err on the side of those people wanting to be included as their own group. Mr. DePaolo said the longer the acronym is, the harder it is to employ it from a marketing standpoint or incorporate it into conversation; someone who could rattle off four letters is now being asked to go to seven and a plus may not be able to handle it. He thought there is something to be said for keeping it simple, with the implication that there is the inclusivity with the plus symbol as well. Ms. Cipolla-Dennis agreed that verbally referring to it as LGBTQ+is something she still does at times but she doesn't want to speak for the group in this instance and change the resolution. Ms. Bleiwas wanted the letters to remain in deference to those who submitted it from those groups. Mr. Howe asked if the resolution could be changed to having the flag raised every June and Mr. Goodman responded by saying he would like to discuss that at a future meeting, adding that personally, he is a bit jet lagged and can't focus on it right now and he would like to discuss the possible precedent for deciding and voting on something that is permanent. The resolution was changed to "residents and visitors" as the town is showing its support to people other than just our residents. TB Resolution 2018 -081: Declaring June 2018 as Lesbian, Gay,Bisexual, Trans2ender, Queer/Questioning, Intersex,Asexual+ (LGBTQIA+) Pride Month Whereas, the Town of Ithaca has been a leader in supporting and fighting for the human rights, dignity, and respect of all people, and Whereas, Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual+ (LGBTQIA+)residents and visitors of the Town of Ithaca have been and continue to be vital to our economic development, sustainability, and safety across all fields and Whereas, more LGBTQIA+residents of the Town of Ithaca are living more openly than ever before, and Whereas, in passing this resolution the Town of Ithaca reaffirms its commitment and responsibility to act to ensure that all its residents and visitors are afforded equal opportunity to enjoy a full and productive life and ensures that the rights of all residents and visitors to make their own choices, follow their own beliefs, and conduct their lives as they see fit are protected, now therefore be it, Resolved that the Town Board of the Town of Ithaca hereby calls upon our community to join us in celebrating the contributions of our LGBTQIA+residents and visitors and to renew our TB 2018-06-11 Pg. 5 commitment to eliminating prejudice everywhere it exists, and proclaims June 2018 as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex,Asexual+ Pride Month in the Town of Ithaca Resolved, that the Pride/Rainbow Flag shall be flown on the Town's flagpoles during Pride Month as a symbol of our steadfast belief in the equal dignity of all people. Moved: Pamela Bleiwas Seconded: Eric Levine Vote: Ayes —Bleiwas, Levine, Leary, Hunter, DePaolo, Goodman and Howe Added item: Authorization for the Town Supervisor to sign and easement—King Rd E This is one of a number of easements we need for existing infrastructure from approximately Montessori up to Ridgecrest. TB Resolution 2018 -082: Authorization for the Town Supervisor to sign a permanent water easement and right of way associated with TP 44.-2-7.3, a vacant lot located on East Kind Rd Resolved that Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to enter into a permanent water easement and right-of-way on TP 44.-2-7.3, a vacant lot located on East King Rd. Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: Ayes —Hunter, Bleiwas, Leary, Levine, Goodman, Howe and DePaolo 7. Consent Agenda TB Resolution 2018-083: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes —Howe, Hunter, DePaolo, Goodman, Leary, Levine and Bleiwas TB Resolution 2018 - 083a: Approval of Minutes of April 23, 2018 Whereas, the draft Minutes of the May 71h, 21" and 23rd, 2018 meetings of the Town Board have been submitted for review and approval, now therefore be it TB 2018-06-11 Pg. 6 Resolved, that the Town Board hereby approves the submitted minutes, with changes, as the final minutes of the meetings of May 7th, 21st and 23rd, 2018 of the Town Board of the Town of Ithaca. TB Resolution 2018 - 083: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 705 - 787 General Fund Townwide 166,234.76 General Fund Part-Town 2,894.76 Highway Fund Town Wide DA 121,709.51 Highway Fund Part Town DB 103,926.61 Water Fund 1,219,756.21 Sewer Fund 46,330.51 Fire Protection Fund 255,000.00 Forest Home Lighting District 175.82 Glenside Lighting District 63.43 Renwick Heights Lighting District 70.93 Eastwood Commons Lighting District 162.00 Clover Lane Lighting District 18.68 Winner's Circle Lighting District 64.10 Burleigh Drive Lighting District 63.39 West Haven Road Lighting District 189.04 Coddington Road Lighting District 112.87 TOTAL 1,916,772.62 TB Resolution 2018 -083c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it TB 2018-06-11 Pg. 7 Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 219-284 Check Numbers: 17733-17798 Capital hnpr/Repl Project $ 93,749.23 Operating Fund $120,377.43 TOTAL $214,126.66 Less Prepaid $____4A42-,-5-2 TOTAL $209,684.14 8. Review of correspondence Ms. Hunter asked about the noise complaint from a neighbor of Cayuga Ridge. Mr. Bates will look into it. 9. Consider executive session to discuss the acquisition of real estate where publicity would substantially affect the value thereof. Motion made by Mr. Goodman, seconded by Mr. Howe, unanimous. Motion made by Mr. Goodman to reenter open session, seconded by Mr. Howe, unanimous. (6:18 p.m.) 10. Adjournment Meeting was adjourned upon a motion by Mr. Howe, seconded by Mr. Levine, unanimous. (6:28 p.m.) Submitted by Paulette Rosa, Town Clerk TB 2018-06-11 Pg. 8