HomeMy WebLinkAboutTB Minutes 2024-04-22MEETING OF THE ITHACA TOWN BOARD
April 22, 2024
Minutes
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Susie
Gutenberger, and Margaret Johnson Absent: Pamela Bleiwas and Rob Rosen
Present: Judy Drake, Dana Magnuson, CJ Randall, Paulette Rosa, Joe Slater, Donna Shaw, and
Dan Thaete
Mr. Howe opened the meeting at 4:30 p.m.
1. Consider approval of an encroachment license—Forest Home Dr
Mr. Howe gave an overview, noting that this has gone through the Planning Committee and the
Zoning Board of Appeals.
TB Resolution 2024 - 038: Approval of Encroachment License for 210 Forest Home Drive
to Permit Encroachment of Portion of a Plastic Deer Fence and Portion of an Arbor into
Forest Home Drive
Whereas, the Linda Copman Revocable Trust(Owner) is the owner of real property located at
210 Forest Home Drive,Ithaca, New York 14850,Tax Map Parcel No. 66.-2-13 (the Premises),
as more particularly described in a Warranty Deed to Owner from Charline N. Rossi to Linda
Copman, Trustee of the Linda Copman Revocable Trust, dated August 30, 2013 and recorded
the same day in the Tompkins County Clerk's Office as Instrument Number 2013-11864, and
Whereas, Forest Home Drive is a Town road by use, and
Whereas, portions of a plastic deer fence and of an arbor on the Premises encroach into Forest
Home Drive, as shown on Parcels A and B on a survey of the Premises entitled "Subdivision
Plat of Lands at No. 210 & 212 Forest Home Drive, Town of Ithaca, Tompkins County, New
York," dated July 25, 2013, and last revised 3/19/2024, prepared by Ian M. Sheive, Licensed
Land Surveyor No. 050769, Sheive Land Surveying, and
Whereas, the Superintendent of Public Works has determined that there is enough room on
Forest Home Drive for vehicles to pass safely and for the Town to perform road maintenance
without disturbing the fence or arbor and has proposed an Encroachment License between the
Town and Owner, and
Whereas, the Town Board is amenable to entering into the proposed Encroachment License to
permit the conditional continued encroachment of the plastic deer fence and arbor, now,
therefore, be it
TBS 2024-04-22 pg. 1
Resolved, that the Town Board approves the Encroachment License to permit the conditional
continued encroachment of the plastic deer fence and arbor and authorizes the Town Supervisor
to execute the Encroachment License on behalf of the Town, subject to the review of the Attorney
for the Town.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes —DePaolo, Levine, Johnson, Gutenberger and Howe
2. Consider approval of a sewer exemption request—Williams Glen Rd
Mr. Howe gave an overview, noting that this was discussed at the Public Works Committee and
a lot of information was included in the packet.
TB Resolution 2024 - 038: Authorization for the Town Engineer to issue a Sewer
Exemption for 175 Williams Glen Rd
Whereas the Town Engineer received a request for a Sewer Exemption from Andy Sciarabba
Engineering and Design on behalf of Rachel and Joshua Lambert, the owners of 175 Williams
Glen Rd, Tax Parcel No. 26.4-7, due to the excessively large costs associated with the
connection to the public sewer system, and
Whereas the cost estimate for connection to the nearest public sewer system involves a sewer
pump out system and connection within the NYS DOT right-of-way resulting in an approximate
cost of$116k, and
Whereas the current owners are replacing an existing septic system that has failed on the
property and the Tompkins County Health Department has indicated that they are in support of
replacing the septic system for the existing home, and
Whereas the owners will have an onsite wastewater treatment system designed for the property
in conformance with Tomkins County Environmental Health Department, and
Whereas the Public Works Committee discussed the potential request at its April 16, 2024,
meeting and recommended forwarding to the Town Board for review, now therefore be it
Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the
Town Code Section 214-5 public sewer connection requirement for 175 Williams Glen Rd, Tax
Parcel 26.4-7, for the installation of a new, onsite wastewater treatment system associated with
the existing two-family residence on the property, subject to the consent of the Tompkins
Environmental Health Department.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes —DePaolo, Howe, Johnson, Levine and Gutenberger
TBS 2024-04-22 pg. 2
3. Consider authorization of a grant application—Tutelo Park Ethnobotanic Walk
Mr. Howe gave an introduction and Michael Roberts, Conservation Board member, gave a
detailed history and status of the project.
The Board was in favor of the project and excited to see it proceed.
TB Resolution 2024 - 040: Authorization to Apply for Funding through the 2024 Tompkins
County Municipal Parks and Trails Grant Program to create an ethnobotanic walk in
Tutelo Park
Whereas, the Tompkins County Department of Planning and Sustainability has announced the
availability of funding under the 2024 Municipal Parks and Trails Grant Program, which lists
Park or Trail Improvements (e.g., benches, trash cans, lighting, tree planting) as an eligible
project, and
Whereas, the Town's Conservation Board has interest in assisting with the development of an
ethnobotanic walk in Tutelo Park and has started to work with a consultant(Stephen Henhawk)
on the project; and
Whereas, the Town of Ithaca estimates the total cost to develop,produce and install the first
phase of the ethnobotanic walk signage (approximately 12 signs) and audio recordings to be
approximately $3,100; and
Whereas, grant applications are due by April 29, 2024; now, therefore, be it
Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby
authorized and directed to file an application to develop an ethnobotanic walk at Tutelo Park
under the Tompkins County Municipal Parks and Trails Grant Program in an amount not to
exceed $3,100, and upon approval of said request to enter into and execute a project agreement
with Tompkins County for such financial assistance to the Town of Ithaca.
Moved: Susie Gutenberger Seconded: Margaret Johnson
Vote: ayes —Gutenberger, Johnson, Howe, DePaolo and Levine
4.Consider award of Townwide Material Testing and Monitoring Services
Mr. Thaete explained that this contract is for various tasks associated with capital projects and
the cost(s) for the services are figured into the budget of the project.
TB Resolution 2024 - 041: Authorization to Award Contract for 2024 Townwide Material
Testing and Monitoring Services
TBS 2024-04-22 pg. 3
Whereas, the Town of Ithaca retains the services of a Professional Geotechnical Engineer to
perform various testing services for multiple townwide capital improvement projects throughout
the fiscal year 2024; and
Whereas, the material testing and monitoring is required to assure contractors are adhering to
proper construction techniques as outlined within town specifications.; and
Whereas, the Town will need to award Material Testing and Monitoring Services to procure the
necessary testing required throughout the year; and
Whereas, the Director reviewed the proposal and qualifications received and has determined to
award material testing and monitoring services to; Atlantic Testing Laboratories, 6431 US
highway 11, Canton NY 13617; and now therefore be it
Resolved, that the Town Board hereby authorizes the award of the contract for the 2024 Town of
Ithaca Townwide Material Testing and Monitoring Services to Atlantic Testing; 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.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes —DePaolo, Howe, Levine, Johnson and Gutenberger
5. Committee Reports
a) Budget—No meeting
b) Codes & Ordinances —Continue reviewing proposed changes to the subdivision
legislation.
c) Personnel and Organization/ERC —No meeting
d) Planning—Discussed potential conservation easements; quick look at the Historic
Preservation law
e) Public Works —Project updates; sewer exemption granted this evening;presentation by
Cornell engineering students who did a fleet analysis and Mr. Slater expanded on that;
f) Others
o Economic Development—There is an agreement for the purchase of 919 Elmira Rd
and we are discussing working with the buyer on pursuing a Restore New York grant
o Parks, Trails, Preserves & Recreation—Waiting on the other municipalities to pass
the easement with NYSEG for the extension of the South Hill Trail
o SCLIWC—No report
o TCCOG—Emergency Rapid Response will most likely be paid for at the County
level
6. Consent Agenda
TB Resolution 2024 - 042: Adopt Consent Agenda
TBS 2024-04-22 pg. 4
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of the Access Oversight/PEGASYS Budget
d. Approval of provisional appointment of a Planner—Quilty-Koval
e. Approval of budget transfers, amendments, and modifications
Moved: Eric Levine Seconded: Margaret Johnson
Vote: ayes —Levine, Howe, DePaolo, Johnson and Gutenberger
TB Resolution 2024 - 042a: Approval of Town Board Minutes
Resolved that the draft minutes of February 26 and April 8, 2024, are adopted as final with any
non-substantive changes made.
TB Resolution 2024 - 042b: Town of Ithaca Abstract No. 8 for FY-2024
Resolved that the Town Board approves the audited vouchers be paid in full in the amounts
indicated:
VOUCHER NOS. 296 - 348
General Fund Town Wide 250,903.86
General Fund Part-Town 23,149.67
Highway Fund Town Wide DA 311.87
Highway Fund Part Town DB 68,929.80
Water Fund 36,100.08
Sewer Fund 16,304.73
Risk Retention Fund 200.95
Fire Protection Fund 320,000.00
TOTAL 715,900.96
TB Resolution 2024- 042c: Adopt 2025 PEG Access Studio Capital Budget
Whereas the 2003 Franchise Agreement between Charter Communications and the City of
Ithaca authorizes Charter Communications to collect $0.15 per subscriber per month to be
used for the purchase of equipment for the PEG Access Studio; and
Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee
which shall be responsible for approving the timing, use and amount of PEG access
equipment acquired each year over the term of the agreement; and
Whereas, in anticipation of equipment upgrades, to be reviewed in greater detail upon
receipt from Charter Communications of a line-item proposal, the Access Oversight
Committee has approved a 2025 contingency capital budget not to exceed $11,000; and
TBS 2024-04-22 pg. 5
Whereas the Franchise Agreement states that participating municipalities,including the
Town of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the
preceding year; now therefore be it
Resolved that the Town Board adopts the 2025 PEG Access Studio budget as recommended
by the Access Oversight Committee.
TB Resolution 2024 —042d: Approve Provisional Appointment of Planner
Whereas there is a vacant Planner position in the Planning Department; and
Whereas the Interview Committee interviewed five candidates from an open recruitment for the
position; and
Whereas the Committee has determined that Nicholas Quilty-Koval possess the necessary
knowledge and skills to satisfactorily perform the duties of the position; and
Whereas C.J. Randall, Director of Planning appointed Nicholas Quilty-Koval as Planner,
effective May 13, 2024; now, therefore be it
Resolved the Town Board of the Town of Ithaca does hereby approve the provisional
appointment of Nicholas Quilty-Koval as Planner, effective May 13, 2024; and be it further
Resolved the position is at 37.5 hours per week, at the hourly wage of$36.25, which is an
estimated annual salary of$70,687 from B8020.100, in Job Classification "E", with full time
benefits; and be it further
Resolved, the said appointment is a provisional appointment pending the results from the next
civil service exam for this position.
TB Resolution 2024 - 042e: Approval of Budget Transfers, Amendments and
Modifications for March 31, 2024.
Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation
accounts for the period ending March 31, 2024, and
Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers,
amendments or modifications summarized below:
General Town-wide Fund
Budget Transfers
Account Description From To
A7110.272 Medium Duty Truck 25,000
A7110.273 Light Duty Truck 25,000
A7110.275 Excavating Equipment 4,538
A7110.273 Light Duty Truck 4,538
TBS 2024-04-22 pg. 6
A8540.275 Excavating Equipment 1,135
A8540.273 Light Duty Truck 1,135
A8540.276 Park & Turf Equipment 1,738
A8540.271 Heavy Duty Truck 1,738
A8540.278 Specialty Equipment 425
A8540.279 Miscellaneous Equipment 425
A8540.276 Park & Turf Equipment 19
A8540.279 Miscellaneous Equipment 19
1440.100 Regular—Civil Engineer 11,900
1440.102 Engineer—Overtime 4,000
A 1440.110 Intern 2,900
A9050.800 Unemployment 5,000
General Part Town Fund
Budget Transfers
Account Description From To
B8020.100 Regular 10,000
B9050.800 Unemployment 10,000
Highway Fund
Budget Transfers
Account Description From To
DA5142.452 Road De-Icing Supplies 8,685
DA5130.271 Heavy-Duty Truck 8,685
Highway Part-Town Fund
Budget Transfer
Account Description From To
DB5130.275 Excavating Equipment 16,164
DB5130.271 Heavy Duty Truck 8,685
DB5130.273 Light Duty Truck 7,479
DB5130.276 Park & Turf Equipment 3,866
DB5130.273 Light Duty Truck 3,866
Water Fund
Budget Transfers
Account Description From To
F8340.275 Excavating Equipment 4,849
F8340.273 Light Duty Truck 3,404
F8340.271 Heavy Duty Truck 1,445
F8340.276 Park & Turf Equipment 3,767
F8340.271 Heavy Duty Truck 3,767
Sewer Fund
Budget Transfers
TBS 2024-04-22 pg. 7
Account Description From To
G8120.275 Excavating Equipment 3,232
G8120.273 Light Duty Truck 2,269
G8120.271 Heavy Duty Truck 963
G8120.276 Park & Turf Equipment 2,512
G8120.271 Heavy Duty Truck 2,512
Fire Protection
Budget Amendment
Account Description From To
SF599 Fund Balance 34,192
SF3410.480 Fire Protection Contract—City 34,192
Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all
budget transfers, amendments, and modifications, including all other changes deemed
appropriate and necessary.
7. Review of Correspondence
Other
Mr. Howe reported that the new domain .TownithacaNY.gov rolled out this past weekend.
Mr. Thaete thanked Mr. Little and Mr. Newman, saying that it was seamless and given the
number of different platforms the town uses, it was amazing.
Meeting was adjourned upon motion by Mr. Howe, seconded by Mr. Levine, unanimous.
Submitted by
Paulette Rosa, Town Clerk
TBS 2024-04-22 pg. 8