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HomeMy WebLinkAboutTB Minutes 2025-05-12MEETING OF THE ITHACA TOWN BOARD May 12, 2025 @ 5:30 p.m. Town Hall Boardroom 215 N Tioga St https://zoom.us/j/98910958241 YouTube Link AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Set Public Hearing for proposed local laws amending the Town Code associated with Flood Damage Prevention and Community Choice Aggregation 4. Consider approval and authorization to sign an updated/extended agreement: a) Taitem Engineering for support of the NYSERDA Stretch to Zero Pilot Program b) Engineering Agreement for the preparation of the IAWWTF Capital Improvement Plan Project c) Engineering contract associated with the Babcock Ridge Trail at Culver Road Preserve Project 5. Consider approval and authorization to sign a water easement with Cayuga Medical Center 6. Consider Consent Agenda a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of the Bolton Point Abstract d) Proclamation – National Public Works Week e) Ratify permanent appointment of Assistant Finance Manager - SCLIWC- Beckman f) Ratify appointment of Senior Account Clerk Typist – SCLIWC- Newhart g) Authorization for the Town Supervisor to Sign an Access Agreement for 118 West King Road h) Resolution of appreciation- Cindy Kaufman 7. Reports of Town Officials 8. Review of Correspondence 9. Executive Session to discuss the acquisition of real property where disclosure may affect the outcome. TB 2025-5-12 (Filed 6/5) Pg. 1 MEETING OF THE ITHACA TOWN BOARD May 12, 2025 @ 5:30 p.m. Minutes Present: Rod Howe, Supervisor; Board Members Eric Levine, Margaret Johnson, Susie Gutenberger, and Rob Rosen Absent: Pamela Bleiwas and Rich DePaolo Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; David O’Shea, Director of Engineering; Paulette Rosa, Town Clerk; Judy Drake, Director of Human Resources; Susan Brock, Attorney for the Town 1. Call to Order and Pledge of Allegiance 5:30pm 2. Persons to be Heard - None 3. Set Public Hearing for proposed local laws amending the Town Code associated with Flood Damage Prevention and Community Choice Aggregation Questions from the Board – Flood Damage - What areas of the Town are affected. The Taughannock Rd., East Shore Dr., Five Mile Dr., and a few properties in Forest Home may be impacted by these changes. CCA and DER - How are residents enrolled and given the option of not enrolling. The Town would be contracting with Local Power and residents currently receiving default energy from NYSEG would be automatically enrolled unless they chose to opt out. Residents with other suppliers would not be automatically enrolled but would have the opportunity to participate. TB Resolution 2025 - 047: Setting a public hearing regarding proposed local laws associated with Community Choice Aggregation and Flood Damage Protection Resolved that the Town Board will hold public hearings at their meeting held on June 9, 2025, which begins at 5:30 p.m. at Town Hall, 215 N. Tioga St, Ithaca, at which time all persons interested in commenting on the following draft local laws shall be heard: 1. Deleting Town of Ithaca Code Chapter 157, Flood Damage Prevention, and replacing it with a revised Chapter 157, Flood Damage Prevention, and 2. Deleting Chapter 135, Community Choice Aggregation (Energy) and replacing it with a new Chapter 135, Community Choice Aggregation (Energy) Program and Distributed Energy Resources Program, and TB 2025-5-12 (Filed 6/5) Pg. 2 3. Amending Chapter 135, Community Choice Aggregation (Energy) Program and Distributed Energy Resources Program, by adding Article 2, Distributed Energy Resources. Moved: Margaret Johnson Seconded: Susie Gutenberger Vote: ayes- Howe, Levine, Johnson, Gutenberger and Rosen 4. Consider approval and authorization to sign the following updated/extended agreements: a) Taitem Engineering for support of the NYSERDA Stretch to Zero Pilot Program The amount of the contract is not changing; it is just being extended through the end of 2025. Mr. Rosen recused himself as an employee of Taitem Engineering. TB Resolution 2025 -048: Authorization to update contract with Taitem Engineering in support of the NYSERDA Stretch to Zero Pilot Program Whereas, New York State Energy Research and Development Authority (NYSERDA) launched a Stretch to Zero pilot program; and Whereas, the Town Board unanimously adopted the Town' s Green New Deal on March 23, 2020, which sets forth a goal to achieve an equitable transition to carbon-neutrality communitywide by 2030; and Whereas, as a major milestone in its Green New Deal efforts, the Town of Ithaca on June 14, 2021, adopted Local Law 5 of 2021, adding Chapter 144 to the Town of Ithaca Code, Titled Energy Code Supplement; and Whereas, the Energy Code Supplement (ECS) had an effective date of September 13, 2021, and since then has been enforced by the Town; and Whereas, the ECS currently requires that new construction, certain additions, and major renovations be constructed to produce 80% fewer GHG emissions than those built to NYS code, and starting in 2026, the ECS will require that all buildings shall be built to have net-zero GHG emissions and shall not use fossil fuels for space heating, water heating, or clothes drying, with exceptions for cooking and process energy; and Whereas, the NYSERDA Stretch to Zero pilot program, was awarded to the Town of Ithaca because of local legislative action to adopt a zero on- site greenhouse gas emissions code, and interest in sharing information with NYSERDA and learning from the other participating municipalities; and Whereas, the Town of Ithaca received up to $25, 000 per quarter over the two-year Stretch to Zero Pilot Program for a maximum award of $200, 000; and TB 2025-5-12 (Filed 6/5) Pg. 3 Whereas, Stretch to Zero pilot program funding supported ongoing implementation and enforcement of the Energy Code Supplement; and Whereas, an agreement for services, not to exceed $12,000, was executed with Taitem Engineering on May 15 2024, with financial assistance from the NYSERDA Stretch to Zero pilot program; and Whereas, Taitem Engineering participates in in-person and/or virtual meetings with the Town and other stakeholders to discuss development and implementation of the Ithaca Energy Code Supplement; and Whereas, participation in the Stretch to Zero program was a valuable opportunity to show Town of Ithaca leadership and inspire other governments to take legislative action to reduce GHG emissions, in support of the climate goals of New York State and other national and international bodies; and Resolved, that the Town Board approves and authorizes the Supervisor to sign the contract with Taitem Engineering; renewing the service fee, not to exceed $12,000 for the period of January 1, 2025 through December 31, 2025, using the financial assistance from the NYSERDA Stretch to Zero Pilot Program. Moved: Susie Gutenberger Seconded: Rod Howe Vote: ayes- Howe, Levine, Johnson and Gutenberger Recused- Rob Rosen b) Engineering Agreement for the preparation of the IAWWTF Capital Improvement Plan Project Mr. Howe noted that this is not authorizing any additional money, but will facilitate the ability to look for potential funding sources for the work involved. The first of the possible grant applications are due June/July and any further actions will come back to the Board. TB Resolution 2025 - 049: Approval and Authorization to sign an Engineering Agreement Amendment for the preparation of the IAWWTF Capital Improvement Plan Project Whereas, the Town of Ithaca approved its share of the preparation of the IAWWTF Capital Improvement Plan (the Project) and authorized the Town Supervisor to execute the agreement for the Project with Barton & Loguidice, D.P.C. (B&L) for a fee of One Hundred Twenty-Two Thousand Six Hundred and Forty Dollars ($122,640) by TB Resolution 2024-035; and Whereas, B&L has proposed a contract amendment to modify the scope of the project to include the preparation of a SEQR, and to provide engineering and technical assistance to compile funding application materials and bonding materials (Funding Assistance); and TB 2025-5-12 (Filed 6/5) Pg. 4 Whereas, B&L has proposed a lump sum fee of Five Thousand Dollars and Zero Cents ($5,000.00) for the SEQR, a fee not to exceed of Fourteen Thousand Five Hundred Dollars and Zero Cents ($14,500.00) for the Funding assistance, and a fee not to exceed of Five Hundred Dollars and Zero Cents ($500.00) reimbursable expenses, of which the Town of Ithaca’s share would be Seven Thousand Nine Hundred Twenty Dollars and Zero Cents ($7,920.00); and Whereas, the 50% cost match was received by the plant; and now therefore be it Resolved, that the initial authorization of funds is sufficient for this amendment and is authorized to fund the amendment; and be it further Resolved, that the Town Supervisor is authorized to execute said Contract Agreement on behalf of the Town of Ithaca. Moved: Rob Rosen Seconded: Eric Levine Vote: ayes- Howe, Levine, Johnson, Gutenberger and Rosen c) Engineering contract associated with the Babcock Ridge Trail at Culver Road Preserve Project Mr. Howe noted that this is another extension of the contract to give more time for the development of the bid documents to ensure we get the finished product we want. TB Resolution 2025 – 050: 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, on January 13, 2025 the Town Board authorized extending the contract through March 30, 2025, 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 July 31, 2025 (no changes to the cost), and be it further TB 2025-5-12 (Filed 6/5) Pg. 5 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 July 31, 2025. Moved: Margaret Johnson Seconded: Susie Gutenberger Vote: ayes- Howe, Levine, Johnson, Gutenberger and Rosen 5. Consider approval and authorization to sign a water easement with Cayuga Medical Center Mr. O’Shea explained that this was needed to cover a waterline that was moved during a previous project and will be modified during their current Generator Project and the existing easement could not be located. TB Resolution 2025 - 051: Approval and authorization to sign a water easement with Cayuga Medical Center Resolved that the Town Board approves the draft water easement with Cayuga Medical Center, subject to review by the Attorney for the Town, and authorizes the Town Supervisor to execute same. Moved: Rod Howe Seconded: Eric Levine Vote: ayes- Howe, Levine, Johnson, Gutenberger and Rosen 6. Consider Consent Agenda TB Resolution 2025 - 052: Adopt Consent Agenda a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Proclamation – National Public Works Week e. Ratify permanent appointment – Assistant Finance Manager - SCLIWC- Beckman f. Ratify appointment – Senior Account Clerk Typist – SCLIWC- Newhart g. Authorization - Town Supervisor to Sign an Access Agreement for 118 West King Road h. Resolution of appreciation- Cindy Kaufman Moved: Eric Levine Seconded: Susie Gutenberger Vote: ayes – Levine, Gutenberger, Howe, Johnson and Rosen TB Resolution 2025 - 052a: Approval of Town Board Minutes Resolved that the draft minutes of April 28, 2025, are adopted as final with any non-substantive changes made. TB 2025-5-12 (Filed 6/5) Pg. 6 TB Resolution 2025 - 052b: Approval of Town of Ithaca Abstract No. 9 for FY-2025 Resolved that the Town Board authorizes payment of the following audited vouchers for the amounts indicated: VOUCHER NOS. 2025 374 - 423 General Fund Town Wide 71,828.91 General Fund Part-Town 387.73 Highway Fund Town Wide DA 19,000.22 Highway Fund Part Town DB 33,182.68 Water Fund 11,427.68 Sewer Fund 4,834.25 Capital Projects 65,567.50 Fire Protection Fund 54,173.37 TOTAL 260,402.34 TB Resolution 2025 - 052c: Approval of BP Abstract Resolved that the governing Town Board authorizes payment of the audited vouchers as listed: Voucher Numbers: 151-206 Check Numbers: 21171-21226 Capital Impr/Repl Project $ 4,471.43 Operating Fund $ 146,571.35 TOTAL $ 151,042.78 TB Resolution 2025 - 052d: Approval of National Public Works Week proclamation Whereas public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to public health, high quality of life, and well-being of the people of the Town of Ithaca and, Whereas, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, Whereas it is in the public interest of the citizens, civic leaders, and children of the Town of Ithaca to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, Whereas 2025 marks the 65th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association, now, therefore, be it Resolved, that I, Rod Howe, Town Supervisor, on behalf of the Town Board of the Town of TB 2025-5-12 (Filed 6/5) Pg. 7 Ithaca, do hereby designate the week of May 18–24, 2025, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all. TB Resolution 2025 - 052e: Ratify Permanent Appointment of Assistant Finance Manager at SCLIWC. Whereas the Southern Cayuga Lake Intermunicipal Water Commission on May 8, 2025, appointed Tina Beckman to the Assistant Finance Manager position- Permanent Status, retro- active to April 28, 2025; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s Permanent appointment of Tina Beckman to the Assistant Finance Manager position- Permanent Status, retro-active to April 28, 2025, with no change to pay or full-time benefits. TB Resolution 2025 - 052f: Ratify Appointment of Sr. Account Clerk/Typist- SCLIWC. Whereas the Southern Cayuga Lake Intermunicipal Water Commission on May 8, 2025, appointed Adriana Newhart to the title of Senior Account Clerk/Typist, effective, May 5, 2025; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s appointment of Adriana Newhart to the title of Senior Account Clerk/Typist, effective May 5, 2025, at the hourly wage of $28.03, in Job Classification 3A, with full time benefits. TB Resolution 2025 - 052g: Approval of and Authorization to Execute a Memorandum and Temporary Access Easement for the Installation of Stormwater Facilities at 118 King Road West Whereas, the Town of Ithaca Department of Public Works is proposing to modify and improve highway drainage in the Town’s right of way along the road frontage of 118 King Road West due to a failing retaining wall and past conveyance issues, and Whereas, the proposed improvement will be located within the Town’s existing highway right of way, however, a memorandum and access easement is required from the property owner of 118 King Rd West for temporary access to perform grading and restoration, and Whereas, the proposed project is shown on the drawing titled “Town of Ithaca, 118 King Road West Drainage Project, Drainage Plan and Profile”, sheet C100 dated 05/09/25, prepared by the Town of Ithaca Engineering Department, therefore be it Resolved, that the Town of Ithaca hereby approves the Memorandum and Temporary Access Easement for the modification and improvement of the highway drainage at 118 West King Road TB 2025-5-12 (Filed 6/5) Pg. 8 and authorizes the Town Supervisor to execute the easement. TB Resolution 2025 - 052h: Recognition of Cindy Kaufman’s Dedicated Years of Service Whereas, Cindy Kaufman has served the Town of Ithaca with dedication for over 6 years, and Whereas, Cindy was appointed to the Planning Board on January 8, 2019; and Whereas, Cindy brought her professional experience in architecture to every Planning Board project, ensuring that each project was designed with creativity and the Town’s plans, codes, and goals in mind, Whereas, Cindy carefully considered the merits of every project, and deliberated with her other Planning Board members with kindness and sincerity, Whereas, the Town of Ithaca is grateful for Cindy’s service and has greatly benefited from her thoughtful review of applications and projects and her desire to serve our municipality; and Whereas, the Town of Ithaca is indebted to Cindy for her invaluable contributions to the community; now, therefore, be it Resolved that the Town Board of the Town of Ithaca, on behalf of the Town and its residents, expresses its sincere appreciation and gratitude to Cindy Kaufman for her years of dedicated service to our community. 7. Reports of Town Officials Mr. Howe noted that the changes in the election cycle were upheld and will affect Town seats. There are three open seats this year and two open seats in 2 years that will have 3-year terms, rather than 4-year terms. After 2027 elections, all terms will be up in even year elections and revert to 4-year terms. Mr. Howe called a Special Board Meeting for May 27, 2025 at 2:45 p.m. to approve the Abstract; members agreed. Ms. Rosa noted for the record that the Ethics Board has reviewed the Ethics Disclosure Forms and found no issues and have no suggested changes to the Form or legislation. 8. Review of Correspondence – None 9. Executive Session Mr. Howe moved to enter Executive Session to discuss a) the acquisition of real property where disclosure may affect the outcome and b) employment history of a particular individual, I seconded by Mr.DePaolo;unanimous. Motion made by Mr.Howe to reenter open session,seconded by Rich DePaolo;unanimous. Added Action Item TB Resolution 2025-053:Authorizing an increase in the amount allocated for the acquisition of land and rights associated with the 2024 Inlet Valiev Sewer Improvement Project Whereas the Town passed TB Resolution 2024-148,allocating up to $2,000 for the reimbursement of certain expenses incurred by the landowner in the acquisition process,arid Whereas,the landowner has countered offered ath not to exceed amount of $6,000 reimbursement of expenses;now therefore be it Resolved,that the Town Board approves increasing the allowable allocation to no more tham $6,000 for the reimbursement of certain experises incurred by the landowner,including attorneys’fees/expenses incurred in reviewing the title/deeds,or working with lenders to approve this transaction and authorizes attorneys for the Town to work directly with lepders and/or draft any needed documents to stay within the allocated amount.I Seconded:Margaret JohnsonMoved;Rod Howe Vote:ayes-Howe,Levine,Johnson,Gutenberger and Rosen The meeting was adjourned upon a motion by Mr.Howe,seconded by Mr.DePaolo,unanimous. Submi- — Paulette Rosa Town Clerk Pg.9TB2025-5-12 (Filed 6/5)