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HomeMy WebLinkAbout2025-01-13 Agenda and MaterialsORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD January 13, 2025 @ 5:30 p.m. Town Hall, 215 N Tioga St. This meeting will be on ZOOM (ID 98910958241) AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Public hearing and consider adoption of a proposed local law, authorizing a monetary gift to the City of Ithaca to support Cass and Stewart Park recreational facilities 4. Public hearing and consider adoption of a proposed local law revising Town of Ithaca Code Chapter 270: Zoning violations and penalties 5. Consider authorization for the Town Supervisor to sign annual service contracts as approved in the 2025 Town Budget 6. Consider approval of Town Board Meeting Schedule 7. Acknowledge Supervisor’s Town Board Members’ Committee Appointments & Confirm Staff, Citizen and Intermunicipal Committee/Board Appointments and Recommendations to the City as noted 8. Consider Appointments/Reappointments of Members and Chair positions on the Zoning Board of Appeals, Planning Board and Conservation Board 9. Consider approval of the 2025 Highway Expenditures Agreement 10. Consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval. 11. Consider annual approval of certain policies, manuals and plans 12. Consider Authorization of Expenditure from Bond Payment Reserve Fund for PWF 13. Consider approval of the 2025 Amendments to the Municipal Cooperative Agreement for the Consortium 14. Consider approval of Cargill Incorporated’s Renewal Permit Application 15. Consider authorization for a Sewer Exemption for 955 Coddington Road 16. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Consider extension of design services agreement with EDR for Babcock Ridge Trail h. Consider approval of 2025 rates with Barton & Loguidice, D.P.C. for Site Design and Development Criteria i. Establishing amounts for petty cash 17. Reports of Town Officials, Committees, and Review of Correspondence Item 3 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Adoption of Local Law 1 of 2025, “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities Whereas, the Town Board adopted a budget for 2025 including an amount of $100,000.00 for a contribution towards City Parks, of which approximately $62,000 would result in a special benefit to Town residents, but the remainder would be considered a gift, and Whereas, pursuant to the Town’s New York State Municipal Home Rule powers, a local law may be adopted to authorize the Town to make a gift to another municipality where the gift furthers a public purpose of the Town, and Whereas, a public hearing was duly advertised and held on January 13, 2025, and all persons interested permitted an opportunity to speak on behalf of or in opposition to the proposed local law, 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 of the local law is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and therefore this action is not subject to review under SEQRA, now therefore be it Resolved that the Town Board adopts Local Law 1 of 2025 “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities.” Moved: Seconded: Vote: ayes – Adopted XXXX TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2025 A LOCAL LAW AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Authorization. This local law is adopted pursuant to New York Municipal Home Rule Law §10(1)(i), which grants local governments the power to adopt local laws not inconsistent with the New York State Constitution or any general law, relating to their property, affairs or government. The New York State Constitution, Article VIII, §1 does not prohibit municipalities from making gifts to or in aid of public entities for public purposes. Section 2. Purpose. The purpose of this local law is to authorize the Town of Ithaca to make a gift to the City of Ithaca to support the City’s Cass Park pool and skating rink, and the City’s recreational facilities at Stewart Park. The Town of Ithaca intends to give the City of Ithaca One Hundred Thousand Dollars ($100,000.00) in 2025 to support these facilities, which are used by Town of Ithaca residents and serve a Town of Ithaca public purpose. In exchange, the City of Ithaca will offer Town of Ithaca residents a discount on recreation programs valued at approximately Sixty-two Thousand Dollars ($62,000). This law authorizes the Town of Ithaca to make a gift to the City of Ithaca to the extent the Town’s payments to the City exceed the monetary benefit of the discounts received by Town residents. Section 3. Gift to City of Ithaca. Upon execution of a Memorandum of Understanding between the Town of Ithaca and the City of Ithaca, the Town of Ithaca is authorized to make a gift to the City of Ithaca, pursuant to the Memorandum of Understanding’s terms, in the amount and for the purposes described in Section 2 above. Section 4. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. Effective Date. This local law shall take effect immediately upon its filing with the New York Secretary of State. Item 4 1 MEETING OF THE ITHACA TOWN BOARD Monday, January 13, 2025 TB Resolution 2025- : A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled “Zoning,” Regarding Enforcement Provisions Whereas, the Codes & Ordinances Committee, at their regular August 8, 2024 meeting, along with Town staff, researched and considered legislative options for addressing issues associated with Zoning violations and penalties in the Town, and Whereas, the Town Board, at a meeting held on November 25, 2024, reviewed and discussed a preliminary draft of the legislative language, and Whereas, at a meeting on December 30, 2024, the Town Board reviewed and discussed a revised draft of the legislative language and scheduled a public hearing for January 13, 2025 at 5:30 pm to hear all interested parties on the proposed local law entitled “A Local Law Amending Enforcement Provisions in Chapter 270 (Zoning) of the Town of Ithaca Code,” and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617.5(c)(26), it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus this action is not subject to review under SEQRA, and Whereas, the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the purpose of the Town of Ithaca Comprehensive Plan; now, therefore, be it: Resolved, that the Town Board of the Town of Ithaca hereby adopts said local law entitled “A Local Law Amending Enforcement Provisions in Chapter 270 (Zoning) of the Town of Ithaca Code,” and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 1 TOWN OF ITHACA LOCAL LAW NO. ___ OF THE YEAR 2024 A LOCAL LAW AMENDING ENFORCEMENT PROVISIONS IN CHAPTER 270 (ZONING) OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVI (Special Regulations) of the Town of Ithaca Code, Section 270-219, titled “Personal wireless service facilities,” is amended by deleting subsection Z, titled “Enforcement.” Section 2. Chapter 270 (Zoning), Article XXVIII (Administration) of the Town of Ithaca Code, Section 270-239, titled “Violations and penalties,” is amended by deleting current Section 270-239 and replacing it with the following: “§ 270-239 Violations, fines and penalties, and other enforcement mechanisms A. Order to remedy. (1) Whenever the Code Enforcement Officer finds that there has been a violation of this chapter, the Code Enforcement Officer is authorized to issue an order to remedy. (2) An order to remedy shall be in writing; identify the property at issue; specify the condition or activity that violates this chapter; specify the provisions of this chapter which are violated by the specified condition or activity; and include a statement that the violations must be corrected within 30 days after the date of the order to remedy (or, if the violations are not reasonably capable of cure within 30 days, shall include a statement that the owner, operator, or occupant must commence to cure such violations within such 30 day period and thereafter diligently and with continuity prosecute such cure to completion in a period not to exceed 90 days after the Town’s notice). The order may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time. (3) The order to remedy, or a copy thereof, may be served by personal service on the owner, operator or occupant, by mailing by registered or certified mail sent to the address set forth in the application for any permit or approval submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The 2 Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any tenant, lessee, or any other person or entity taking part or assisting in actions regarding structures or uses at the affected property. Such service shall be made personally or by registered mail or certified mail; provided, however, that failure to serve any person or entity mentioned in the preceding sentence shall not affect the efficacy of the order to remedy. B. Fines and imprisonment. Pursuant to § 268 of the New York Town Law, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or imprisonment (or both) as provided in § 268. Each week's continued violation shall constitute a separate offense. C. Civil penalties. (1) In addition to any other remedies, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca. (2) Notwithstanding the foregoing, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of § 270-219 (Personal wireless service facility), any term or condition of any Personal Wireless Service Facility Permit, any term or condition of any approval related to a Personal Wireless Service Facility issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice related to a Personal Wireless Service Facility issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a civil penalty of not more than $5,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca. D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter. Such remedy shall be in addition to 3 fines, penalties, imprisonment, and other remedies otherwise prescribed by law (including by this chapter or by New York Town Law). E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this chapter, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other section of this chapter or other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law. F. Conviction or judicial determination of a violation of this section shall constitute and effect an immediate forfeiture of any permit hereunder held by the individual, association, organization, partnership, firm, corporation or other entity recognized by law that is so convicted.” Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon its filing with the New York State Secretary of State. Item 5 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Approval and Authorization for the Town Supervisor to Execute Contracts included in the 2025 Budget Resolved that the Ithaca Town Board hereby approves and authorizes the Town Supervisor to execute annual contracts, which amounts were included as part of the 2025 Town Budget or are recurring agreements, with the following service provider(s): Annual – 2025 a. Legal Services – Susan H. Brock and Guy Krogh b. Tompkins County Public Library ($15,000) c. Recreation Partnership ($102,208) d. Coddington Rd CC/CIT Program ($22,547) e. Youth Entrepreneurship Program ($17,186) f. Youth Employment Program ($79,870) g. CCE Youth Development Program ($63,505) h. Youth Exploration Program - Learning Web ($47,127) i. Ithaca Bike Share ($10,000) j. Gadabout ($12,000) k. Lifelong ($9,000) l. Human Services Coalition ($5,000) m. Community Science Institute (CSI) Water Quality Monitoring ($23,766) n. Ithaca Babe Ruth League MOU o. Materials Testing and Geotechnical Services One year only a. Tompkins County Animal Control/TCAC – ($45,334) Moved: Seconded: Vote: ayes – Item 6 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Set Dates for 2025 Meetings of the Town Board Whereas the Town Board generally meets on the second and fourth Mondays of each month at 5:30 p.m. and 4:30 respectively unless moved earlier/later due to holiday observance schedules; now therefore be it Resolved that the 2025 Town Board Schedule is as follows: January 13th and 27th February 10th and 24th March 10th and 24th April 14th and 28th May 12th and None (Memorial Day on 26th) June 9th and 23rd July 14th and 28th August 11th and 25th September 8th 29th Moved later – (Rash Hashanah 22nd ) Supervisor’s Budget Presented October Budget Meeting TBD if needed. (Yom Kippur Oct 1st) 6th (Early – Columbus Day) 27th November 10th and 24th December 8th and 22nd December 30th 11:00 am - Year End Meeting Moved: Seconded: Vote: ayes – Item 7 Page 1 of 3 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Acknowledge Supervisor’s Town Board Committee Appointments and Confirm Staff, Citizen and Intermunicipal Committee/Board Appointments and Recommendations to the City as Noted Resolved, that the Town Board acknowledges the Supervisor’s annual Town Board Committee Appointments and confirms the appointments of Staff, Citizen and Intermunicipal Committee and Board appointments and recommendations to the City of Ithaca Common Council as indicated: TOWN BOARD COMMITTEES Budget Planning Eric Levine, Chair Rich DePaolo, Chair Rod Howe Rod Howe Pam Bleiwas Margaret Johnson Personnel and Organization Public Works Pam Bleiwas, Chair Rich DePaolo Susie Gutenberger-Fitzpatrick Rod Howe, Chair Rod Howe Rob Rosen Codes and Ordinances Rob Rosen, Chair Bill Arms – Planning Board Susie Gutenberger-Fitzpatrick Eva Hoffmann – Conservation Board Margaret Johnson Christine Jung – Zoning Board of Appeals TOWN BOARD AD HOC COMMITTEES Economic Development Rod Howe, Chair Rich DePaolo Pam Bleiwas STAFF COMMITTEES Employee Relations Pam Bleiwas – Chair Susie Gutenberger-Fitzpatrick Rod Howe *Staff representatives are appointed by fellow staff Records Management Susie Gutenberger-Fitzpatrick Paulette Rosa – Facilitator Eric Levine Town Historian Rod Howe Item 7 Page 2 of 3 CITIZEN COMMITTEES Agriculture West Hill Community Garden Rich DePaolo (Liaison) Paulette Rosa (Liaison) INTERMUNICIPAL Cable Access Oversight Committee (Recommendation to the City Council) Rich DePaolo Cayuga Lake Watershed Intermunicipal Organization Margaret Johnson Rich DePaolo (Alternate) Cayuga Medical Center Rod Howe Community Housing Development Fund (CHDF) Program Rob Rosen – Town Representative Greater Tompkins Municipal Health Insurance Consortium Judy Drake Subcommittee -- Joint Committee on Plan Design Eric Levine (alternate) Judy Drake Eric Levine (alternate) Ithaca College Community Work Group Rich DePaolo Ithaca-Tompkins County Transportation Council (ITCTC) Policy Planning Rod Howe CJ Randall Rich DePaolo (Alternate) Joe Slater Joint Youth Commission Youth Services Board Rich DePaolo Susie Gutenberger-Fitzpatrick Eric Levine (Alternate) Recreation Partnership Eric Levine Pam Bleiwas Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Rod Howe Pam Bleiwas Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Rod Howe Rob Rosen Rich DePaolo Item 7 Page 3 of 3 Tompkins County Council of Governments Rod Howe Rich DePaolo (alternate) Moved: Seconded: Vote: ayes – Item 8 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Appointments of Zoning Board of Appeals, Planning Board, and Conservation Board Members and Chairs Resolved that the Town Board concurs with and makes the following re/appointments as requested by the applicable boards: Planning Board Cindy Kaufman as Regular Member – through 2031 Kelda McGurk as Alternate Member through 2025 Caitlin Cameron as Chair for 2025 Zoning Board of Appeals Connor Terry as Chair for 2025 Conservation Board Eva Hoffman, James Hamilton and Frank Cantone as Regular Members through 2026 Lindsay Dombroski as Associate Member – through 2025 Lori Brewer as Chair for 2025 Moved: Seconded: Vote: ayes – Item 9 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 – : Approval of 2025 Agreement for Expenditure of Highway Monies Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2025: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: HIGHWAY: GENERAL REPAIRS. The sum of $300,000 shall be set aside to be expended for primary work and general repairs of town highways, including sluices, culverts, pavement markings, guiderails, surface treating and bridges having a span of less than five feet and walks or the renewals thereof. PERMANENT IMPROVEMENTS. The sum of $130,000 shall be set aside to be expended for the permanent improvement of town highways, such as paving and should repairs, that are not included in the capital project section below. 1. The sum of $54,000 shall be set aside to be expended for the permanent improvement of a portion of Forest Home Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.57 miles of road 2. The sum of $52,000 shall be set aside to be expended for the permanent improvement of a portion of Judd Falls Road to re-establish shoulders, mill asphalt, and install an asphalt overly on 1.57 miles of road 3. The sum of $82,000 shall be set aside to be expended for the permanent improvement of Drew Road to re- establish shoulders, mill asphalt, and install an asphalt overly on 0.98 miles of road 4. The sum of $39,000 shall be set aside to be expended for the permanent improvement of Longview Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.18 miles of road 5. The sum of $62,000 shall be set aside to be expended for the permanent improvement of Max’s Drive to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.55 miles of road Item 9 6. The sum of $208,000 shall be set aside to be expended for the permanent improvement of Vera Circle to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.20 miles of road 7. The sum of $136,000 shall be set aside to be expended for the permanent improvement of Woodgate Lane to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.72 miles of road 8. The sum of $363,000 shall be set aside to be expended for the permanent improvement of King Road West (from approximately #333 West King Road to Dany Road a.k.a. route 96B to re-establish shoulders, mill asphalt, and install an asphalt overly on 0.72 miles of road 9. The sum of $95,000 shall be set aside to replace and / reset the various guard rails along the length of West King Road in it’s entirety. (Signatures on file on separate Agreement) Moved: Seconded: Vote: ayes – Item 10 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Authorizing Certain Expenditures by the Superintendent of Highways without Prior Town Board Approval Whereas, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes the Town Board to adopt a resolution permitting the Town Superintendent of Highways to purchase equipment, tools and implements without prior approval of the Town Board in an amount or amounts to be fixed by it from time to time; and Whereas, the Town Board adopted a 2025 Ithaca Town Budget which included monies for the purchase of vehicles, tools and equipment; and Whereas, it is determined by this Board to be reasonable and proper and in the best interests of the efficient functioning of the Public Works Department that the Town Superintendent of Highways be granted permission to purchase such items without its prior approval in amounts not to exceed the approved respective budgeted amounts; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby authorize the Town Superintendent of Highways to spend amounts, not to exceed what is identified within the adopted 2025 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2025 of vehicles, tools and equipment to be used for highway maintenance, construction, reconstruction, and/or snow removal; except when the lowest responsive and responsible bidder is not selected and be it further Resolved, that the authorization hereinabove granted shall be construed as meaning that the total amount spent on each item purchased by the Town Highway Superintendent during fiscal year 2025 shall not exceed the respective budgeted amount for that item in the adopted 2025 Town of Ithaca budget. Moved: Seconded: Vote: ayes – Item 11 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Annual Approval of Certain Town Policies, Manuals and Plans Whereas the Town Board reviews certain policies and procedures at its Organizational Meeting as required by the Town of Ithaca Code or at direction of the Town Board, and Whereas the following have been submitted to the Town Board for review: a. Board Protocol Manual b. Ethics Disclosure Form and Distribution List c. Procurement d. Cash Management and Investment e. Debt Management f. Electronic Banking g. Fund Balance, Procurement h. Green Fleet i. Green Procurement Policies j. Emergency Preparedness Plan k. Town Protocol and Procedures Manual Resolved, that the Ithaca Town Board hereby accepts, approves, and affirms the above listed policies, procedures and forms as required for the year 2025. Moved: Seconded: Vote: ayes – Item 12 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - xxx: Authorizing the Expenditure of $103,005 from the Town of Ithaca Public Works Facility Office Expansion – 2020-A Bond Payment Reserve Fund Whereas, by Resolution 2023-157 adopted on September 25, 2023, the Town Board established the Public Works Facility Office Expansion – 2020-A Bond Payment Reserve Fund (the “Reserve Fund”) to accumulate money to pay the principal and interest related to the Town’s Public Works Facility Office Expansion project (the “Project”) included in the Series 2020-A Bond Issue, and Whereas, pursuant to General Municipal Law § 6-h, expenditures from such Reserve Fund may be made only with the approval of the Town Board, and Whereas, the total of 2025 principal and interest payments under the Series 2020-A Bond Issue for the Project is One Hundred Three Thousand Five Dollars ($103,005), now, therefore be it Resolved, that the Town Board authorizes the expenditure of One Hundred Three Thousand Five Dollars ($103,005) from the Town of Ithaca Public Works Facility Office Expansion – 2020-A Bond Payment Reserve Fund for the payment of said 2025 principal and interest for the Project. Moved: Seconded: Vote: ayes- Item 13 MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - xxx: Approval of the 2025 Amendments to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC) Whereas, the Town of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and Whereas, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010), and Whereas, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans, and Whereas, the Agreement sets forth in Section Q2 that continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review and upon acceptance of any new Participant hereafter, and Whereas, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by a majority vote by its municipal board, and Whereas, the Town of Ithaca is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the Amended Municipal Cooperative Agreement, now therefore be it Resolved, that upon receipt and review of the amended Agreement, the Town of Ithaca approves and authorizes the Town Supervisor to sign the 2025 Amendment to the Municipal Cooperative Agreement (Effective 1.1.2025) of the Greater Tompkins County Municipal Health Insurance Consortium as recommended by the GTCMHIC’s Board of Directors. Moved: Seconded: Vote: Clerk Signature/Stamp Item 13 2025 Municipal Cooperative Agreement Signature IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed as of the date adopted by the Greater Tompkins County Municipal Health Insurance Consortium Board of Directors and subsequently adopted by the Municipal Corporation named below. Town of Ithaca Municipality Rod Howe Town Supervisor Name Title Signature Date Resolution Requesting Additional Environmental Review and Release of Data Related to Cargill Incorporated’s Renewal Permit Application for the Cayuga Salt Mine WHEREAS, Cargill Incorporated has submitted a permit application (0- 9999-00075/00001) to renew and modify its Mined Land Reclamation Permit for the Cayuga Salt Mine, which includes plans to flood the abandoned S3 Zone of the mine beneath Cayuga Lake with wastewater, potentially impacting the environment and the community; WHEREAS, the New York State Department of Environmental Conservation (DEC) has declared itself the lead agency under the State Environmental Quality Review Act (SEQR) and has issued a Negative Declaration despite the application being classified as a Type I action; WHEREAS, concerns have been raised regarding the adequacy of Cargill’s application, including monitoring and treatment of waste materials, the potential for groundwater pollution, the stability of the mine, and the long- term reclamation of the affected areas; WHEREAS, the proposed flooding of the S3 Zone raises serious questions about the safety and environmental integrity of Cayuga Lake, particularly in light of prior instability noted in this area and the implications of storing unsaturated brine beneath the lake; Whereas, since the collapse of Retsof, the only other large NYS salt mine in 1994 and the Assembly’s Joint Public Hearing on Underground Mining in NYS in 1995, many local municipalities and nonprofits whose missions are to preserve Cayuga Lake’s water quality have supported an independent third-party scientific review of the relevant data facilitated by an Environmental Impact Study to provide a more comprehensive public assessment of the long-term threats to the Lake from the large rock salt mine beneath the Lake; Whereas, since the community has been denied access to much of the relevant geological and seismic data needed to assess the risk of the mine’s operations, the DEC’s Senior Administrative Law Judge found in 2002 that “shielding from public scrutiny the very information to assess the potential environmental impact and safety issues associated with a proposed mine (Permit) is inimical to the process,” and in 2005 the DEC’s Asst. Commissioner overruled the ALJ and denied access to this information as a trade secret, we urge the DEC to reject this overly broad determination and order the release of the necessary data. NOW, THEREFORE, BE IT RESOLVED that the Town of Ithaca formally requests that the DEC: 1. Rescind the Negative Declaration and require the preparation of a comprehensive Environmental Impact Statement to assess all potential environmental risks associated with the proposed activities. 2. Conduct a public hearing to allow for community input and address the substantive concerns raised by residents and stakeholders regarding the application. 3. Ensure that Cargill’s Reclamation Plan and accompanying bond are revised to adequately address environmental protection and public safety, and that sufficient measures are implemented to prevent potential pollution and ensure the long-term stability of the mine and surrounding areas. BE IT FURTHER RESOLVED that copies of this resolution be sent to Comment.CayugaSaltMine2023@dec.ny.gov DEC Region 7 Administrator Dereth Glance (dereth.glance@dec.ny.gov) DEC Interim Commissioner Sean Mahar (sean.mahar@dec.ny.gov) OGS Commissioner Jeanette Moy (officeofthecommissioner@ogs.ny.gov) Item 16b MEETING OF THE ITHACA TOWN BOARD Monday, January 13, 2025 TB Resolution No. 2025 -XXX: Town of Ithaca Abstract No. 1 for FY-2025 Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated: VOUCHER NOS. 2024 1251 - 1277 2025 1 - 24 General Fund Town Wide 242,469.40 General Fund Part-Town 36,000.01 Highway Fund Town Wide DA 8,376.65 Highway Fund Part Town DB 40,936.23 Water Fund 73,547.96 Sewer Fund 108,722.46 Capital Projects Risk Retention Fund 75.00 Fire Protection Fund Trust and Agency Debt Service TOTAL 510,127.71 Moved: Seconded: Vote: Item 16f MEETING OF THE ITHACA TOWN BOARD Monday, January 13, 2025 TB Resolution 2025 - f: Official Bonds for Town Officers and Employees Resolved, that the Town Board approves the following Faithful Performance Bonds for the Town Officials and Employees for the year 2025: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Finance Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, Bergren $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 Motion: Seconded: Vote: ayes- MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Authorization to Extend Contract Time with Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. for the Babcock Ridge Trail at Culver Road Preserve Project Whereas, the Town of Ithaca has received financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) under the environmental Protection Fund Grant Program for Parks, Preservation and Heritage for the purpose of funding the design and development of the Babcock Ridge Trail at Culver Road Preserve project, and Whereas, the Town Board authorized the contract for design services with Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. (EDR) on May 13, 2024, and Whereas, the contract with EDR was signed on May 15, 2024, with an original end date of December 31, 2024, and Whereas, the design portion of the trail project has not been completed and EDR has provided an “Amendment to Agreement Between Client and Consultant for Professional Services” to extend the contract timeframe through March 30, 2025 (no changes to the cost), and be it further Resolved, that the Town Board authorizes the execution by the Town Supervisor of the contract amendment with Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. to extend the contract through March 30, 2025. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - : Authorization to Update Exhibit B with Barton & Loguidice, D.P.C. for the Site Design and Development Criteria Manual Project Whereas, the Town Board authorized the Agreement for Services with Barton & Loguidice, D.P.C. for the Site Design and Development Criteria Manual Project on May 13, 2024, and Whereas, the contract with B&L was signed on October 1, 2024, with an end date of September 1, 2025, and Whereas, consultants B&L published an updated Master Billing Titles, Billing Codes & Rates for the Year Ending December 31, 2025 and be it further Resolved, that the Town Board approves the updated Exhibit B for the Site Design and Development Criteria Manual Project. Moved: Seconded: Vote: Item 16i MEETING OF THE ITHACA TOWN BOARD January 13, 2025 TB Resolution 2025 - xxx: Establishing Petty Cash Funds for the Year 2025 Whereas, Pursuant to Town Law Section 64(1-a), a Town, by resolution, may establish a petty cash fund for any Town Officer or Department Head, and Whereas, it is the desire of the Town of Ithaca to establish such a fund for the following Departments for a total amount of Five Hundred Fifty Dollars ($550): Accounting/Finance $150 Clerk $100 Justice Bergin $50 Justice Salk $50 Public Works $200 Resolved, that the Town Board authorizes the establishment of such petty cash funds totaling Five Hundred Fifty Dollars ($550). Moved: Seconded: Vote: ayes-