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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