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HomeMy WebLinkAboutTB Packet 2021-01-25Meeting of the Ithaca Town Board Monday, January 25, 2021 Due to Governor Cuomo's Executive Orders relating to Public Health and Safety Measures related to COVID-19 suspending certain aspects of Open Meetings Law, the meeting will be held using the ZOOM video conferencing platform https://zoorn.us/i/9911230.523 or(929)436-2866 Zoom ID 991 1230 1523 Agenda 1. Presentation and discussion — Community Choice Aggregation 2. Discuss Association of Towns Annual Resolutions 3. Discuss and consider authorization to sign an MOU with the City of Ithaca related to Historic Preservation 4. Discuss and consider a refund for a Sewer Benefit Assessment charge 5. Committee Reports • Budget • Codes & Ordinances • Personnel and Organization/ERC • Planning • Public Works • Others • Short Term Rental • Green New Deal • Economic Development • Bicentennial • Parks, Trails, Preserves & Recreation 6. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract c. Ratify Appointment of Water Sewer Supervisor MEETING OF THE ITHACA TOWN BOARD Monday, January 25, 2021 TB Resolution 20121 - : Approval of and authorization for the Supervisor to sign, an agreement with the City of Ithaca for Historic Preservation Planning Staff Services Whereas, the City and Town of Ithaca value intermunicipal collaborations and partnerships that advance their shared goals and equally benefit citizens of both municipalities, and Whereas, the Town is interested in protecting its historic resources as outlined in the Town of Ithaca Comprehensive Plan, and the City has an established historic preservation program that has successfully protected its historic resources for almost 50 years, and Whereas, the Town is interested in partnering with the City to explore opportunities to enact a Landmarks Preservation Law that mirrors that of the City and that potentially establishes a joint City and Town of Ithaca Landmarks Preservation Commission, and Whereas, the Town allocated up to $7,000 in its 2021 Budget to fund a portion of the City's Historic Preservation and Neighborhood Planner position for time used to investigate and advance this shared services opportunity, and Whereas, the municipalities outlined their respective rights and responsibilities related to this work in an agreement titled Agreement with the City of Ithaca for Historic Preservation Planning Staff Services, and Whereas the Town Board has reviewed the Agreement, now therefore be it Resolved, that the Town Board hereby approves of and authorizes the Supervisor to sign the Agreement with the City of Ithaca for Historic Preservation Planning Services, subject to approval by the Attorney for the Town. Moved: Seconded: Vote: Intermunicipal Agreement Regarding Historic Preservation Planning Staff Services This Agreement ("Agreement") is made as of the day of , 2021 by the City of Ithaca (City), a municipal corporation organized under the laws of the State of New York, having its offices at 108 East Green Street, Ithaca NY 14850, and the Town of Ithaca ("Town"), a municipal corporation organized under the laws of the State of New York, having its offices at 215 North Tioga Street, Ithaca, NY 14850 WHEREAS, the City and Town (collectively, the "Municipalities") value intermunicipal collaborations and partnerships that advance their shared goals and equally benefit citizens of both municipalities, and WHEREAS, the Town is interested in protecting its historic resources as outlined in the Town of Ithaca Comprehensive Plan, and the City has an established historic preservation program that has successfully protected its historic resources for almost 50 years, and WHEREAS, the Town is interested in partnering with the City to explore opportunities to enact a Landmarks Preservation Law that mirrors that of the City and establishes a joint City and Town of Ithaca Landmarks Preservation Commission, and WHEREAS, the Town allocated up to $7,000 in its 2021 Municipal Budget to fund a portion of the City's Historic Preservation and Neighborhood Planner position for time used to investigate and advance this shared services opportunity, and WHEREAS, the Municipalities desire to outline their respective rights and responsibilities related to this work; therefore Now, in consideration of the covenants, conditions, and provisions herein, it is hereby AGREED as follows: 1. The Agreement shall be effective January 1, 2021 through December 31, 2021. 2. The City's responsibilities under this Agreement shall include: a. research the process for the establishment of a historic preservation program in the Town. b. familiarization with the Town's survey of historic resources and preparation of recommendations for the protection of these resources. c. draft revisions to the Landmarks Preservation Commission Ordinance's administrative provisions (Chapter 73 of the City of Ithaca Municipal Code), and draft related provisions for Town adoption, that address the Town's interests in historic preservation and the establishment of an expanded, combined City and Town of Ithaca Landmarks Preservation Commission. d. draft revisions to the Ithaca Landmarks Preservation Ordinance's substantive provisions (Chapter 228 of the City of Ithaca Municipal Code), and draft related provisions for Town adoption, that address specific considerations associated with the identification and preservation of historic resources in the Town. 1 e. coordinate City and Town review and adoption of the above referenced codes by November 2021. 3. The foregoing City responsibilities shall be primarily performed by the City's Historic Preservation and Neighborhood Planner, but may require other City staff resources as well as expertise from within the Town's staff. The City shall provide all City staff performing services under this Agreement with office space, computers, telephones, supplies, and other items sufficient for them to perform their services in a professional and competent manner. The Town has no obligation to provide such items to City staff. 4. Compensation and Reimbursement: The City will be compensated for the time the Historic Preservation and Neighborhood Planner will devote to this initiative. The City shall be responsible for tracking hours worked by the Historic Preservation and Neighborhood Planner on this initiative and shall invoice the Town on a quarterly basis for his or her time. Reimbursements will be calculated at the contractual rate of $40.30/hour. It is expected that the Historic Preservation and Neighborhood Planner will allocate around 3.5 hours to this initiative each week. Upon the Town's request, the City will provide the Town with itemizations by day of all tracked hours. The total amount of reimbursement for the year shall not exceed $7,000. 5. In pursuit of this initiative, the Historic Preservation and Neighborhood Planner will receive direction from both the Town of Ithaca Supervisor, Town of Ithaca Director of Planning and the City of Ithaca Director of Planning and Development. It is expected that the Historic Preservation and Neighborhood Planner will meet quarterly with Town of Ithaca Director of Planning and Town Supervisor to track progress. Further, the Historic Preservation and Neighborhood Planner will attend Town Planning Committee meetings from time to time as the initiative moves forward to track progress and discuss issues that may arise. 6. The Town and City agree that the Historic Preservation and Neighborhood Planner will not be an employee of the Town in performing his or her services under this Agreement and will remain an employee of the City. a. The City shall set the rate of compensation for the Historic Preservation and Neighborhood Planner. The City shall be solely responsible for providing the Historic Preservation and Neighborhood Planner with all the employment-related benefits offered to a comparable City employee, including but not limited to health insurance, paid leave, and any statutorily required benefits. The City is responsible for paying the wages of the Historic Preservation and Neighborhood Planner and withholding and remitting all applicable employment-related taxes and contributions, including but not limited to federal and state income tax and FICA withholdings and contributions to the Public Employees' Retirement System. b. The City shall have hiring, disciplinary, and termination authority, with reasonable prior notice given to the Town Supervisor or his/her designee. If it becomes necessary to hire a new Historic Preservation and Neighborhood Planner during the period of this Agreement, the City shall be responsible for all related administrative 2 duties, including creating and advertising for the position, if necessary, and complying with the Civil Service Law. The City shall conduct all interviews of potential candidates and has the sole authority to hire the successful candidate. c. The City shall be deemed to be the employer for purposes of employer's liability and worker's compensation insurance, and the City agrees to maintain employment practices liability insurance in the amount of at least $1,000,000 per occurrence and adequate workers' compensation insurance for the duration of this Agreement. 7. Each municipality may terminate this Agreement on sixty days' written notice. The Town shall not be liable for any incurred expenses after the date of the Agreement termination, but shall be responsible for pro rata payment for the satisfactory work performed to date of termination. Each municipality agrees to defend, indemnify and hold harmless the other municipality, its elected officials, public officers, employees, and agents from and against all losses or claims, and costs incidental thereto (including cost of defense, settlement and reasonable attorneys' fees), resulting from bodily injury 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 negligence or omissions of the municipality and its officials, officers, employees, and agents. Without limiting the foregoing, the City specifically agrees to defend, indemnify and hold harmless the Town for any liability, including but not limited to costs of defense, under federal, state, or local employment law arising out of any function for which the City is responsible in connection with the City's status as the employer of the Historic Preservation and Neighborhood Planner and of any other City employees who provide services under this Agreement. 9. In accordance with Section 109 of the New York General Municipal Law, the Municipalities are hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement to any person or corporation without the prior written consent of the other municipality. 10. This Agreement may be modified only by a written document signed by both municipalities. 11. The Municipalities shall not discriminate against any employee, applicant for employment, sub -contractor, supplier of materials or services, or program participant in connection with this Agreement because of actual or perceived: age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight. 12. The Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to, or the application of, New York State's choice of law provisions. The parties agree that the Supreme Court of the State of New York, held in and for the County of Tompkins, shall be the forum to resolve disputes arising out of either this Agreement or work performed according thereto. Town of Ithaca By: Rod Howe, Supervisor City of Ithaca By: Svante Myrick, Mayor N Date: Date: MEETING OF THE ITHACA TOWN BOARD Monday, January 25, 2021 TB Resolution 2021- : Sewer Benefit Assessment Refund - Tax Parcel 22.-2-8.2 Whereas, Tax Parcel 22.-2-8.2, Theresa Gangl, owner 140 Indian Creek Road, was assessed 2 units of sewer on the 2021 Town and County Tax bill, and Whereas, Ms. Gangl requested a review by the Town Engineer of the validity of the assessment, and Whereas, the Town Engineer conducted said review and determined that the assessment of 2 units was incorrect, and Whereas, it was determined that the sewer benefit assessment fee was calculated assuming the residence was connected to the Town Sanitary Sewer System (TSSS) and the 2021 tax bill charged 2 sewer units @ $65/per unit for a total fee of $130.00, and this parcel is not connected to the TSSS and does not have access to the TSSS, therefore, the correct sewer benefit unit assessment should be based upon the ad valorem method of $.02 per $1,000 of assessed value, and Whereas, the 2021 assessed value of the parcel is $300,000.00, resulting in a 2021 Sewer Benefit assessment of $6.00, and Whereas, the correction shall be made for future Town tax assessments for this property until or unless the property connects to or has access to the TSSS, and Whereas, the Town Engineer has recommended and requests that a refund be issued in the amount of $124.00 for the incorrect assessment made on the 2021 Town tax assessment, now therefore be it Resolved, that the Town Board hereby approves and authorizes the refund of $124.00 to be paid from the sewer fund to the property owner. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday, January 25, 2021 TB Resolution 2021 - : 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. Town of Ithaca Abstract c. Ratify promotional, provisional appointment — Water and Sewer Maintenance Supervisor Moved: Seconded: Vote: ayes — TB Resolution 2021 - a: Approval of Minutes Resolved, that the Town Board hereby approves the draft minutes of November 23, December 14, December 30, 2020 and January 11, 2021 with non -substantial corrections suggested by the Board made. TB Resolution 2021 - : Town of Ithaca Abstract No. 2 for FY -2021 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. 61-122 General Fund Town Wide 76,608.53 General Fund Part -Town 6,961.90 Highway Fund Town Wide DA 1,571.31 Highway Fund Part Town DB 11,503.23 Water Fund 28,656.71 Sewer Fund 10,097.68 PWF Renovations Project — H22 94,020.82 Risk Retention Fund 115.00 Forest Home Lighting District 50.19 Glenside Lighting District 15.02 Renwick Heights Lighting District 25.05 Eastwood Commons Lighting District 35.08 Clover Lane Lighting District 4.66 Winner's Circle Lighting District 6.99 Burleigh Drive Lighting District 16.35 West Haven Road Lighting District 64.45 Coddin ton Road Lighting District 37.69 Trust and Agency 601.80 TOTAL 230,392.46 TB Resolution 2021 — c: Ratify Provisional Promotional Appointment to Water & Sewer Maintenance Supervisor Whereas, there is a vacant Water & Sewer Maintenance Supervisor position due to a promotion, and Whereas, the interviewing committee interviewed six candidates from the open recruitment (five external/one internal) for the position; and Whereas, the interview committee determined that Travis Mills, currently a Heavy Equipment Operator for the Town of Ithaca Water & Sewer Unit, possesses the necessary knowledge and skills to satisfactorily perform the duties of the Water & Sewer Maintenance Supervisor position and recommended his appointment; and Whereas, the Director of Public Works/Highway Superintendent is promotionally appointing Travis Mills, to the Water & Sewer Maintenance Supervisor position, effective January 31, 2021, now therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Director of Public Works/Highway Superintendent's provisional promotional appointment of Travis Mills, to the Water & Sewer Maintenance Supervisor position for the Public Works Department, effective January 31, 2021; and be it further Resolved, this is a full time, 40 -hours a week position, at the hourly wage of $36.82, which is an estimated annual salary of $76,585 from account numbers F8310.100 and G8110.100, in Job Classification "VP' with full time benefits; and be it further Resolved, Travis Mills will need to successfully complete the minimum twenty-six (26) week probationary period; and be it further Resolved, said appointment is a promotional and provisional appointment pending the results from the next civil service exam for this position.