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HomeMy WebLinkAboutTB Agenda and Materials 2025-11-10MEETING OF THE ITHACA TOWN BOARD November 10, 2025 5:30 p.m. 215 N. Tioga St. ZOOM (ID 98910958241) YOUTUBE LINK AGENDA 1) Call to Order and Pledge of Allegiance 2) Persons to be Heard and Board Comments 3) Consider approval to re-levy unpaid Water/Sewer accounts 4) Consider approval of an agreement for DER Administrator services 5) Consider Consent Agenda Items a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify appointment of Distribution Operator at SCLIW - LoMonaco e. Proclaiming November 19th as GIS Day f. Approval of award of bid – Vibro Screen g. Setting public hearings for November 24, 2025, regarding a local law rescinding and replacing Town of Ithaca Code Chapter 144, Energy Code Supplement and a proposed amendment to the contract with City of Ithaca for Fire Protection and Emergency Services 6) Report from Town Officials 7) Review of Correspondence MEETING OF THE ITHACA TOWN BOARD November 10, 2025 TB Resolution 2025-: Authorization for 2025 Water & Sewer Re-levy Delinquent 2024/2025 Water & Sewer Rents. TOWN OF ITHACA Reconciliation of Receivables ITEM# DESCRIPTION WATER SEWER TOTALS 1 Delinquent Re-levies $ 81,709.85 $ 48,376.57 $ 130,086.42 2 Billing Credits $ (58,239.63) $ (40,483.81) $ (98,723.44) Account Receivable Balance: $ 23,470.22 $ 7,892.76 $ 31,362.98 Whereas, (Item No. 1 above) $130,086.42 of delinquent water and sewer charges inclusive of penalties and related surcharges for the billing period 12/1/24, 3/1/25, 6/1/25 and 9/1/25 remain unpaid and due to the Town as of November 6, 2025 to be re-levied onto the 2026 Town and County Tax Bills; and Whereas, (Item No. 2 above) ($98,723.44) billing credits will be carried forward for December 2025 Water & Sewer Billing cycle; and Whereas, Town Code Chapter 261 and Town Code Chapter 210 provides for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a re-levy; now therefore be it Resolved, that this governing Town Board approves the list of delinquent water and sewer charges of $81,709.85 and $48,376.57 respectively, for re-levy to the 2026 Town and County Tax Roll; and therefore, be it further Resolved, that a certified copy of this resolution along with a listing of those re-levied water and sewer charges are to be delivered to Tompkins County Assessment Department by the Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2026 Town and County Tax Roll, the Finance Officer for accounting purposes, and to the Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD November 10, 2025 TB Resolution 2025 – XXX: Approval of a Contract with Local Power LLC for Distributed Energy Resource Administrator Services Whereas, Article II (Distributed Energy Resources Program) of Ithaca Town Code Chapter 135 (Community Choice Aggregation (Energy) Program and Distributed Energy Resources Program), and the Town of Ithaca’s Local Distributed Energy Resource Plan (DER Plan) approved by the Ithaca Town Board on October 6, 2025, authorize and provide for a local Distributed Energy Resource (DER) program that is under municipal oversight and must be consistent with PSC orders, and Whereas, Article II of Chapter 135 and the DER Plan provide for the use of a DER Administrator to implement and administer the DER program and certain activities described in the DER Plan, subject to Town oversight, and Whereas, the Town wishes to have Local Power LLC, with principal offices at 91 Mountain St., Haydenville, MA 01039 (“Contractor”), be the DER Administrator and perform the professional services described in a proposed Contract for Services between the Town and Contractor (the “Contract”), 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 Contract 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, now therefore be it Resolved, that the Town Board approves the Contract and authorizes the Town Supervisor to execute it, subject to the review of the Attorney for the Town. Moved: Seconded: Votes: 1 CONTRACT FOR SERVICES Made this __________ day of ______, 2025 (the “Effective Date”) between The TOWN OF ITHACA, a municipal corporation having its principal offices at 215 North Tioga Street, Ithaca, NY 14850, hereinafter called the "Town", and Local Power LLC, a Limited Liability Company authorized to do business in New York, having its principal offices at 91 Mountain St., Haydenville, MA 01039, hereinafter called the “Contractor.” WITNESSETH: Whereas, Article II (Distributed Energy Resources Program) of Ithaca Town Code Chapter 135 (Community Choice Aggregation (Energy) Program and Distributed Energy Resources Program), and the Town of Ithaca’s Local Distributed Energy Resource Plan (DER Plan) approved by the Ithaca Town Board on October 6, 2025, authorize and provide for a local Distributed Energy Resource (DER) program that is under municipal oversight and must be consistent with PSC orders, and Whereas Article II of Chapter 135 and the DER Plan provide for the use of a DER Administrator to implement and administer the DER program and certain activities described in the DER Plan, subject to Town oversight, and Whereas, the Town wishes to have Contractor be the DER Administrator to perform the services described in Article II of Chapter 135 and the DER Plan, Now, therefore, in consideration of the covenants, conditions, and provisions contained herein, it is hereby AGREED as follows: 1. Contractor Services. The Contractor agrees to perform the services set forth in Article II of Chapter 135 and/or the DER Plan, in a manner and at such time or times as are satisfactory to the Town. The Contractor shall perform its services using that degree of skill and care ordinarily exercised under similar conditions by experienced, qualified, competent and reputable professionals working in the same field in the same or similar locality at the time of performance. For any additional services requested by the Town that are not included in Article II of Chapter 135 and/or the DER Plan, Town or Contractor may submit a Statement of Work that includes at a minimum a description of the tasks for the additional services, a schedule to perform the tasks, and details about payment responsibilities, amounts, and timing. When signed by both parties, the Statement of Work shall be attached to and incorporated into this Contract for Services and shall be subject to the terms and conditions of this Contract for Services. 2. Town Services. The Town agrees to provide support services for the Contractor's activities as set forth in Article II of Chapter 135 and/or the DER Plan. 3. No Fee from Town. The Town shall not pay Contractor an Administrative Fee or any other type of compensation or reimbursement for Contractor’s provision of services as specified in Article II of Chapter 135 and/or the DER Plan. The Contractor further agrees that the lack of a fee or other compensation from the Town as compared to the large scale of operations expected 2 of Contractor under this Contract is a reflection of Contractor's ability to engage in transactions with energy users and vendors, and to obtain compensation from entities other than the Town for those transactions. Section 15 below has more information on Contactor's compensation. 4. Term. The term of this Contract for Services (the "Initial Term") commences on the Effective Date and continues thereafter for five (5) years, unless and until sooner terminated by either Party as provided in Section 5. The Town has the option to renew this Contract for a subsequent five (5) year period upon the expiration of the initial term. Upon expiration of the renewal term, the parties may renew the Contract for subsequent terms upon mutual written agreement. 5. Termination. a. Without Cause. Town, in its sole discretion, may terminate this Contract for Services at any time after the date that is twenty-one (21) months from the Effective Date, without cause, by providing at least 90 days' prior written notice of the same to the Contractor. b. With Cause. This Contract for Services may be terminated before the expiration date of the Term on written notice by either Party, if the other Party materially breaches any provision of this Contract for Services and either the breach cannot be cured or, if the breach can be cured, it is not cured by the breaching Party within 30 days after the breaching Party's receipt of written notice of such breach. 6. Town hereby irrevocably disclaims, for no additional consideration, its entire right, title, and interest throughout the world in and to all intellectual property, financial proceeds, and physical assets legitimately obtained, created, or developed by the Contractor under this Contract for Services. 7. Indemnity. To the fullest extent permitted by law, the Contractor agrees to fully defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, complaints, damages, liabilities, obligations, losses, settlements, judgments, governmental investigations, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, to the extent caused by or arising out of the negligent acts or omissions or willful misconduct of Contractor or Contractor’s employees, agents or subcontractors, in connection with the DER program operations or Contractor’s provision of services associated with this Contract for Services. To the extent the Town is negligent or acts with willful misconduct, Contractor’s duty to indemnify the Town shall not extend to the proportion of loss attributable to the Town’s negligence or willful misconduct. 8. The Contractor shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant 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; 3 military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight. 9. Insurance Requirements. A. Throughout the term of this Contract for Services and beyond the term when explicitly required below, Contractor and any subcontractors shall procure and maintain the insurance described in this Section 9. B. Notwithstanding any terms, conditions or provisions in any other writing between the parties, Contractor hereby agrees that it and any subcontractors will effectuate the naming of the Town as an additional insured on Contractor's/subcontractor’s insurance policies, with the exception of workers' compensation and professional liability. C. The Contractor agrees to indemnify the Town for any applicable deductibles. D. The Contractor and any subcontractors shall purchase and maintain insurance of the following types of coverage and limits of liability: 1) Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate. a) If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. b) CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent contractors, products- completed operations, broad form property damage, personal and advertising injury, cross liability assumed in a contract (including tort liability of another assumed in a contract). c) Contractor, the Town and all other parties required of the Contractor, shall be included as insureds on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor/subcontractor. It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. d) Contractor/subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least 3 years after completion of the Work. 2) Automobile Liability a) Business Auto Liability with limits of at least $1,000,000 each accident. 4 b) Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. c) Contractor, the Town and all other parties required of the Contractor, shall be included as insureds on the auto policy. 3) Commercial Umbrella a) Umbrella limits must be at least $1,000,000. b) Umbrella coverage must include as insureds all entities that are additional insureds on the CGL. c) Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Business Auto Liability and Employers Liability coverages maintained by the Contractor/subcontractor. 4) Professional Liability with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate for the professional acts of the Contractor performed under this Contract for Services. 5) Workers’ Compensation and Employer’s Liability - Statutory coverage complying with New York Workers’ Compensation Law and General Municipal Law. Contractor and any subcontractors must each submit one of the following forms: • CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation, OR • C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR • U-26.3 - State Insurance Fund version, OR • SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR • GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self- Insurance. An ACORD form is not an acceptable proof of Workers' Compensation coverage. All of the above-referenced forms, except CE-200 and SI-12, must name the Town of Ithaca as the Entity Requesting Proof of Coverage. 6) Disability Benefits Coverage - Statutory coverage complying with NYS Workers’ Compensation Law and General Municipal Law. Contractor and any subcontractors must each submit one of the following forms: • CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits Coverage, OR • DB120.1 - Certification of Disability Benefits Insurance, OR • DB-155 - Certificate of Disability Self-Insurance. All of the above-referenced forms, except CE-200 and DB-155, must name the Town of Ithaca as the Entity Requesting Proof of Coverage. 5 E. Waiver of Subrogation Contractor waives all rights against the Town and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella Liability, Business Auto Liability, Professional Liability, Workers’ Compensation or Employer’s Liability insurance maintained per the requirements stated above. Contractor shall assure that all subcontractors execute a waiver of all rights against Contractor, the Town and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella liability, Business Auto Liability or Workers’ Compensation and Employer's Liability insurance maintained per the requirements stated above. Contractor shall provide the subcontractors’ executed subrogation waivers to the Town prior to the commencement of work under this Contract for Services. F. Where additional insured coverage is required by this Section 9, attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the Contractor’s/subcontractor’s policies. G. All certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Contractor. H. The insurance producer must indicate whether or not it is an agent for the companies providing the coverage. I. Contractor acknowledges that failure to obtain such insurance as described in this Section 9 constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town. The Contractor is to provide the Town with certificates of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Town to object to the contents of the certificates, forms or endorsements, or the absence of same, shall not be deemed a waiver of any and all rights held by the Town. J. The Town is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR). The Contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the Town but also the NYMIR, as the Town's insurer. 10. In accordance with the provisions of Section 109 of the New York General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Contract for Services to any person, corporation or other entity without the prior written consent of the Town. The Town’s consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Contract for 6 Services personally with the Contractor and is not intending that it be performed by any other person, corporation or other entity. 11. Governing Law, Jurisdiction, and Enforcement. This Contract shall be governed by 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 further 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 Contract for Services or work performed according thereto, and the parties consent to the jurisdiction of such court. 12. This contract contains the final and entire agreement and understanding between the parties and is the complete and exclusive statement of its terms. This Contract for Services may be amended only by written instrument signed by each party. 13. No Third-Party Benefit. This Contract for Services is entered into solely for the benefit of the only two Parties to this Contract for Services, Town of Ithaca and Local Power LLC. No other party, person, corporation, or entity shall have any right, benefit, or interest in, under or because of this Contract for Services. Accordingly, there shall be no intended or unintended benefit to any third party and enforcement of this Contract for Services is limited to the Parties to this Contract for Services. 14. This Contract for Services may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken as a whole, shall constitute one and the same Contract for Services. 15. Contractor Compensations. a. Contractor compensation shall be included in the cost of a DER project. The Contractor will charge the DER Vendor a DER procurement fee that is no greater than five percent (5%) of project value, which will be charged irrespective of which DER Vendor, DER Lender or Town-designated finance partner is selected. b. The Contractor will require that its compensation shall be paid either upon commissioning of DER (as an upfront payment by the DER Vendor, Lender or other Town-designated financial partner), or on an ongoing basis as a percentage of monthly loan repayment for the full maturity, as determined by the DER Administrator. DER Investors who self-finance DERs and do not require an energy loan will pay the DER procurement fee as part of the installed system cost up-front or in installments. c. “DER Vendor,” “DER Lendor” and "DER Investor" are defined in the DER Plan, which definitions are incorporated herein by reference. 16. Relationship. The Contractor is for all purposes (including, without limitation, withholding of income tax, payment of workman's compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Contract for Services. Contractor shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations to complete the work 7 contemplated by this Contract for Services. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for such other persons, firms, or entities as Contractor deems advisable, provided that such other services do not constitute a conflict of interest with the interests of the Town. 17. Binding Nature of Agreement. This Contract for Services is binding upon the parties, their respective representatives and successors and, when assignment is permitted, assigns. 18. Notices. Any notices or other communications given under or in relation to this Contract for Services shall be deemed duly given if served personally or by commercial courier service upon the other party at the address set forth above, or, if the mails are operating, mailed by certified mail to the other party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. 19. Severability. If any provision of this Contract for Services is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Contract for Services shall continue in full force and effect as if this Contract for Services had been signed with the invalid portion so modified or eliminated. 20. Survival. The rights and obligations of the respective parties under Section 7 (Indemnity), Section 11 (Governing Law, Jurisdiction, and Enforcement), and Section 17 (Binding Nature of Agreement) shall survive the expiration or termination (for any reason) of this Contract for Services and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Contract for Services on the day(s) and year written below. TOWN OF ITHACA By: __________________________________ Date: ___________________ Rod Howe Town Supervisor LOCAL POWER LLC By: __________________________________ Date: ___________________ Paul Fenn President MEETING OF THE ITHACA TOWN BOARD November 10, 2025 TB Resolution 2025 - 117: Adopt Consent Agenda Resolved that the Town Board adopts the Consent Agenda actions: a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify appointment of Distribution Operator at SCLIW - LoMonaco e. Proclamation of November 19th as GIS Day f. Approval of award of bid – Vibro Screen g. Setting public hearings for November 24, 2025, regarding a local law rescinding and replacing Town of Ithaca Code Chapter 144, Energy Code Supplement and a proposed amendment to the contract with City of Ithaca for Fire Protection and Emergency Services Moved: Seconded: Vote: ayes – TB Resolution 2025 – a: Approval of Town Board Minutes of September 29, 2025 Resolved that the Town Board approves the draft minutes of October 27, 2025, as final, with any non- substantive changes made. TB Resolution 2025 - b: Town of Ithaca Abstract No. 21 for FY-2025 Resolved that the Town Board authorizes payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 2025 1025 - 1062 General Fund Town Wide 68,073.05 General Fund Part-Town 15,463.39 Highway Fund Town Wide DA 23,856.00 Highway Fund Part Town DB 93,615.61 Water Fund 13,373.03 Sewer Fund 15,091.92 Capital Projects 37,748.70 Trust and Agency 25,389.24 TOTAL 292,610.94 TB Resolution 2025 - c: Approval of Bolton Point Abstract TB Resolution 2025 - d: Ratify Appointment of Distribution Operator at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on November 6, 2025, appointed Antonio LoMonaco to a Distribution Operator position- permanent non-competitive status under NYS HELPS, retro-active to October 7, 2025; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC’s appointment Antonio LoMonaco to a Distribution Operator position- permanent non-competitive status, retro-active to October 7, 2025, at the 2025 Classification 5B Step 1 rate of $30.32 per hour, with no changes to benefits. TB Resolution 2025-e: Proclaiming November 19th as GIS Day (Geographic Information Systems) Whereas, fascination with the earth’s geography inspired the early explorers of our country to learn and record information about the surface, subsurface, and hydrogeologic features of the land and its people, environments, resources, political boundaries, and characteristics and today remains a fundamental part of our national heritage, and Whereas, geographic information has many useful applications for our municipal government and is a valuable resource used in the analysis of infrastructure, emergency services, economic development, sustainability, and long-range planning, and Whereas, Geographic Information Systems (GIS) technology provides an efficient means of managing geographic information and providing data that allows for effective decision-making and improved delivery of services to the residents of the Town of Ithaca, and Whereas, GIS helps the Town of Ithaca navigate change with data-driven insights and expertise that provide better choices for how people work and live, and Whereas, anyone can use GIS to inform decision-making, analyze information about people, places, and environments, and create a positive impact, and Whereas, GIS empowers cultural preservation of the arts, history, and human anthropology through connections with spatial data, and Whereas, this annual public awareness program encourages all citizens to think and learn about the significance of place and how we affect and are affected by it, and Whereas, the Town of Ithaca’s Engineering Department plays a vital role in the continued growth of the Town with its outstanding efforts in the advancement of GIS and its foresight in creating programs that can be used to better manage services in the Town; now therefore be it Resolved that November 19th is hereby designated as GIS Day in the Town of Ithaca in conjunction with the celebration of National GIS Day celebration on the third Wednesday in November. TB Resolution 2025 - f: Approval of award - VibroScreen Whereas the Public Works Department solicited bids for a Vibroscreen SCM40 or similar and received one response from ALTA Equipment Company, 5985 Court St., Syracuse, NY, for a delivered price of $110,931.00; now therefore be it Resolved that the Town Board authorizes the purchase of the Vibroscreen SCM40 from ALTA Equipment Company as described above. TB Resolution 2025 - g: Setting Public Hearings Resolved that the Town Board will hold public hearings at their meeting on November 24, 2025, which begins at 4:30p.m. at Town Hall, 215 N. Tioga Street, and broadcast on the ZOOM videoconferencing platform, to here all persons interested in commenting on a) a local law rescinding and replacing Town of Ithaca Code Chapter 144, Energy Code Supplement and b) a proposed amendment to the contract with City of Ithaca for Fire Protection and Emergency Services.