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HomeMy WebLinkAboutTB Minutes 2019-05-30Special Meeting of the Ithaca Town Board May 30, 2019 4:00 p.m. Agenda 1. Discuss and consider authorizing the Supervisor to sign the Behind the Meter Battery Storage System agreement between NYSEG and Ithaca Area Waste WaterTreatment Facility 2. Discuss and consider amendment to the Joint Sewer Agreement — Chair term limits 3. Discuss and consider award of contract for the Bundy Rd Intersection Reconstruction Project 4. Discuss and consider amendment to the Gateway Trail Agreement 5. Approval of Town of Ithaca Abstract 6. Executive session to discuss the possible acquisition of real property 7. Adjourn Special Meeting of the Ithaca Town Board May 30, 2019 4:00 p.m. Minutes Present: Board Members Bill Goodman, Pamela Bleiwas, Rich DePaolo and Tee-Ann Hunter Paulette Rosa, Bruce Bates, Jim Weber, Sue Ritter and Mike Solvig Mr. Goodman called the meeting to order at 4:00 p.m. 1. Discuss and consider authorizing the Supervisor to sign the Behind the Meter Battery Storage System agreement between NYSEG and Ithaca Area Waste Water Treatment Facility There were no comments on this action. TB Resolution 2019-075: Authorizin� the Supervisor to si�n the Behind the Meter Batterv Stora�e Svstem a�reement between NYSEG and Ithaca Area Waste Water Treatment Facili Whereas, New York State Electric and Gas (NYSEG) is sponsoring a Behind the Meter (BTM) Battery Storage System Demonstration Program through May l, 2021, and Whereas, NYSEG is seeking to conduct this demonstration program at various Commercial and Industrial sites meeting specific power usage and site location requirements in NYSEG's "Energy Smart Community," and Whereas, eligible Customers who participate in the program will help NYSEG test new ways to make the electric grid more flexible and to include more renewable energy sources into the existing system, and Whereas, the Ithaca Area Waste Water Treatment Facility (IAWWTF) was determined to be an eligible Customer after a preliminary review which included an inspection of the premises and a review of historical electricity usage data by NYSEG, and Whereas, NYSEG desires to enter into an agreement with the IAWWTF for a BTM program, and Whereas, the conditions of the agreement provide a no-cost-to-Customer BTM on the premises, and Whereas, the agreement provides the IAWWTF with guaranteed electricity bill savings, increased control over energy usage, and increased sustainability, and Whereas, the agreement projects a net electrical savings to the IAWWTF of $459.56 per month with a guaranteed net savings of at least 7%, and TB Pg. 1 TB 2019-OS-30 Whereas, after a two-year trial period, the IAWWTF will have the opportunity to purchase the battery from NYSEG, renewing the subscription agreement, or discontinuing the participation in the program, now therefore be it Resolved, the Special Joint Committee (SJC) authorizes a no-cost BTM Demonstration Agreement between the IAWWTF and NYSEG substantially in the form attached, and be it further Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to sign the agreement between the IAWWTF and NYSEG on behalf of the Town of Ithaca, and be it further Resolved, that the terms of the agreement will be from the effective date of signature through May l, 2021. Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: ayes — Hunter, DePaolo, Bleiwas and Goodman 2. Discuss and consider amendment to the Joint Sewer Agreement — Chair term limits Mr. Goodman explained that the Committee would like the ability to have the Chair remain, especially since it takes a bit of time to learn the issues. The proposal is for the Chair to be nominated and elected each year. TB Resolution 2019 -076: Approval of an amendment to the Joint Sewer A�reement to Eliminate the Chairperson term limit and authorize the Town Supervisor to si�n on behalf of the Town Whereas, the Ithaca Area Wastewater Treatment Facility ("IAWWTF") is owned and operated by the City of Ithaca, Town of Ithaca, and Town of Dryden ("Municipal Owners"), with oversight provided through this Special Joint Committee ("SJC") composed of representatives from the three Municipal Owners, Whereas, the Municipal Owners entered into a December 31, 2003 Joint Sewer Agreement that governs IAWWTF administration and operations, Whereas, Section 133 of the Joint Sewer Agreement provides as follows: "13.3 The SJC will elect its own chairperson annually and shall establish scheduled monthly meeting dates to provide for timely referrals to the Parties' respective boards or governing bodies. No chairperson shall serve for more than two consecutive one-year terms but may be re-elected after a minimum of a one-term period has elapsed since that person last served as chairperson." TB Pg. 2 TB 2019-OS-30 Whereas, at its meeting on February 20, 2019, the SJC adopted a resolution recommending elimination of the limit on a chairperson serving more than two consecutive terms, because it often takes an SJC chairperson more than a year to develop enough understanding of the IAWWTF and the chairperson role to function efficiently and effectively with the other SJC members and staff, Whereas, Section 17.1 of the Joint Sewer Agreement provides that it may be amended as follows: "17.1 This Agreement may be modified or amended by an instrument in writing, duly executed and acknowledged by the duly authorized representatives of each Party, upon approval by majority vote of the voting strength of the respective governing bodies of said Party." Resolved, the Town of Ithaca approves and authorizes the Ithaca Town Supervisor to execute an amendment to the Joint Sewer Agreement, subject to the approval of the Attorney for the Town, that eliminates the chairperson term limit by deleting the second sentence in Section 13.3, so that Section 13.3 reads as follows: "13.3 The SJC will elect its own chairperson annually and shall establish scheduled monthly meeting dates to provide for timely referrals to the Parties' respective boards or governing bodies." Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Bleiwas, Hunter and Goodman 3. Discuss and consider award of contract for the Bundy Rd Intersection Reconstruction Project Mr. Weber reported the results of the bid opening and that we have worked with this company before and we are comfortable with their ability to complete the project. TB Resolution 2019-077: Authorization to Award Contract for the Town of Ithaca Bundv Road Reconstruction Proiect Whereas, on May 23, 2019, the Director of Public Works/Highway Superintendent received bids for the Town of Ithaca Bundy Road Reconstruction Project for the reconstruction of Bundy Road from the intersection of State Route 96, to approximately 445 feet west of the intersection, matching the existing length and width, and other related ancillary facilities, and Whereas, the Director of Public Works has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of $344,000.00 for the total project was made by the lowest responsible bidder, Seneca Stone Corporation, 2747 Canoga Road, Seneca Falls, NY 13148, and Whereas, at the October 15, 2018, Town Board meeting, the Town Board adopted a 2019 Ithaca Town Budget, (TB Resolution 2018-133), which included monies for the reconstruction of Bundy TB Pg. 3 TB 2019-OS-30 Road, in the Highway Part-Town Fund, line DB5112.546, and identified the maximum amount of $500,000.00 to be expended by the Town of Ithaca for this improvement, and Whereas, at its special meeting on May 30, 2019, the Town Board has determined approval, construction and implementation of the Improvement are a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "repaving of existing highways not involving the addition of new travel lanes", "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; Resolved, that the Town Board of the Town of Ithaca authorizes the award of the contract for the Town of Ithaca Bundy Road Reconstruction project to Seneca Stone Corporation, subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, and be it further Resolved, that the Town Supervisor is authorized to execute such contract upon such approval; and be it further Resolved, that the Director of Public Works is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders (15%) shall not in the aggregate exceed $51,600.00 without prior authorization of this Board, and provided further that the total project cost does not exceed the maximum authorized project cost of $395,600.00. Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: ayes- Hunter, Bleiwas, DePaolo and Goodman 4. Discuss and consider amendment to the Gateway Trail Agreement Mr. Goodman explained this is a small change to the Agreement due to a shift in the design. TB Resolution 2019 -078: Authorization for Supervisor to Si�n the Cooperative A�reement Amendment with NYS Office of Parks, Recreation & Historic Preservation for the Gatewav Trail Proiect Whereas, NYS Office of Parks, Recreation & Historic Preservation owns the former railroad property that the proposed Gateway Trail project would follow, and Whereas, in June 2017 the NYS Office of Parks, Recreation & Historic Preservation and the Town of Ithaca signed a cooperative agreement (Contract Number T100485) for the construction and maintenance of the Gateway Trail; and Whereas, the Town of Ithaca has requested that the agreement be extended to include additional property in the area of the Home Depot building and Buttermilk Falls Road West; and : '• � TB 2019-OS-30 Whereas, NYS Office of Parks, Recreation & Historic Preservation has provided the Town an amendment to the 2017 agreement; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby authorize the Town Supervisor to sign the cooperative agreement amendment with NYS Office of Parks, Recreation & Historic Preservation for the Gateway Trail project, subject to approval by the Attorney for the Town. Moved: Pamela Bleiwas Seconded: Rich DePaolo Vote: ayes — Bleiwas, DePaolo, Hunter and Goodman 5. Approval of Town of Ithaca Abstract TB Resolution 2019-079: Town of Ithaca Abstract No. 10 for FY-2019 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. 627 - 696 General Fund Town Wide 96,75326 General Fund Part-Town 17,665.89 Hi wa Fund Town Wide DA 36,082.69 Hi wa Fund Part Town DB 23,819.42 Water Fund 12,371.08 Sewer Fund 4,24321 Fire Protection Fund 266,481.00 Forest Home Li tin District 163.60 Glenside Li htin District 65.85 Renwick Hei hts Li htin District 76.66 Eastwood Commons Li htin District 168.34 Clover Lane Li htin District 19.36 Winner's Circle Li htin District 66.85 Burlei Drive Li htin District 65.75 West Haven Road Li htin District 195.64 Coddin ton Road Li tin District 116.82 Debt Service 470.00 TOTAL 458,825.42 TB Pg. 5 TB 2019-OS-30 Moved: Rich DePaola Seconded: Tee-Ann Hunter Vote: ayes — DePaolo, Hunter, Goodman, and Bleiwas 6. Exec�tive session to discuss the possible acquisition of reaI property Mr. Goodman moved to enter closed session at 4: IS p.m.to discuss the possible disposition of real property where publicity might affect the price, seconded by Ms. Bleiwas, unanimous. Mr. Goodman moved to reenter open session at 4:30 p.m., seconded by Mr. DePaolo, unanimous. 7. Adjaurn Ms. Hunter moved to adjourn at 4:15 p.m, seconded by Mr. DePaolo, unanim�us. Submi ed Paulette Rosa, Town Clerk : �: : TB 2019-05-30