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HomeMy WebLinkAboutTB Packet 2020-03-09MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Consider authorization to award Danby Rd Infiltration and Inflow (I&I) Study 4. Consider authorization for Town Supervisor to sign lease agreement for temporary trailer at PWF 5. Consider authorization to sign Stormwater Operation and Maintenance Agreement, and associated easements for the Ithaca Community Childcare Center renovation project 6. Consider authorization to sign Stormwater Operation and Maintenance Agreement, and associated easements for the Amabel Subdivision 7. Consider authorization for the Supervisor to sign an agreement with Tompkins County re.: Blue Ways signage 8. Consider setting a public hearing regarding a local law for canopy signs in Residential and Conservation Zones 9. Consider Town of Ithaca Fee Schedule changes - Codes: a. Fire Safety Inspections b. NYS required Truss Inspections 10. Consider authorization for the Supervisor to sign contract with Erdman Anthony for inspection services associated with the Danby Road sidewalk 11. Consider authorization to apply for grant funding from the Tompkins County Tourism Program for preliminary design and construction cost estimates for potential expansion of the South Hill Recreation Way 12. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Promotional Appointment of Sr. Civil Engineer 13. Report of Town Officials, Committees and review of Correspondence Adjournment Item 03 MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020 - : Authorization to Award Contract for an Infiltration and Inflow Danby System Study Whereas a request for proposals for an Infiltration and Inflow Danby System Study was duly advertised and three proposals were received, and Whereas the Town Engineer and staff have reviewed the proposals and qualifications of the firms, contacted past clients and has recommended that the low proposal of $38,000 (Parts A) for the study made by the firm of Larson Design Group is a responsive and qualified proposal, and Whereas the recommendation was discussed at the March meeting of the Public Works Committee and unanimously forwarded to the Town Board, now therefore be it Resolved that the Ithaca Town Board hereby awards the contract for the Infiltration and Inflow Danby System Study to Larson Design Group, Appalachian, New York, _._and authorizes the Supervisor to sign the contract subject to approval by the Attorney for the Town. Moved: Seconded: Vote: Item 04 MEETING OF THE ITHACA TOWN BOARD Monday, March 09, 2020 TB Resolution 2020 - : Authorization for the Town Supervisor to sign a lease atireement for the temporary trailer at the Town Public Works Facility Whereas the Town's renovation of the Public Works Facility is moving forward and will necessitate a temporary trailer for administration staff at the facility during construction, now therefore be it Resolved that the Town Board authorizes the Town Supervisor to sign any necessary agreements/leases to facilitate the placement of the temporary trailer at the site. Moved: Seconded: Vote: Item 5 MEETING OF THE ITHACA TOWN BOARD March 9, 2020 TB Resolution 2020 - : Authorization for Supervisor to sign the Ithaca Community Childcare Center Additions and Renovations Stormwater Operation, Maintenance, and Reporting Agreement and associated access easement agreement Whereas the Ithaca Community Childcare Center Additions and Renovations project includes stormwater management and treatment facilities which necessitates entering into a Stormwater Operation, Maintenance, and Reporting Agreement, along with a stormwater access easement agreement, between the Ithaca Community Childcare Center. and the Town of Ithaca, for the property located at 579 Warren Road, tax parcel no. 73.-1-1.4, now therefore be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and the associated stormwater access easement agreement associated with the Ithaca Community Childcare Center Additions and Renovation project. Moved: Seconded: `tote: Item 06 MEETING OF THE ITHACA TOWN BOARD March 9, 2020 TB Resolution 2020- : Authorization for Supervisor to sign the Amabel Pocket Neighborhood Stormwater Operation, Maintenance, and Reporting Agreement and associated access easement agreement Whereas the Amabel Subdivision ("Pocket Neighborhood") project includes stormwater management and treatment facilities which necessitates entering into an Stormwater Operation, Maintenance, and Reporting Agreement, along with a stormwater access easement agreement, between the Amabel Home Owner's Association, Inc. and the Town of Ithaca, for the property located at 619 Five Mile Drive, tax parcel no. 31.-2-28, and the portion of 617 Five Mile Drive located on the west side of the Norfolk Southern Railroad, tax parcel no. 31.-2-6, now therefore be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and the associated stormwater access easement agreement associated with the Amabel Subdivision ("Pocket Neighborhood") project. Moved: Seconded: Item 07 MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020 - : Authorization for the Town Supervisor to sign an agreement with Tompkins County for the placement of a Cayuga Lake Blueway Trail signs Whereas Tompkins County has initiated the Cayuga Lake Blueway Trail Project in support of its tourism efforts and had presented the concept to the Town Board at its April 22, 2019 meeting, now therefore be it Resolved that the Town Supervisor is authorized to sign the agreement with the County for the placement of the signs. Moved: Seconded: Vote: Plan-2019-12-8027-CLBWT-TOI AGREEMENT AGREEMENT, made by and between the COUNTY OF TOMPKINS, a municipal corporation of the State of New York, having offices in the 125 East Court Street, Ithaca, New York 14850, hereinafter referred to as the "COUNTY", and the Town of Ithaca having offices at 215 N. Tioga St., Ithaca, NY 14850, hereinafter referred to as the "TOWN". WITNESSETH: WHEREAS, the COUNTY wishes to enter into this agreement by which the TOWN agrees to install trail signs for the Cayuga Lake Blueway Trail ("the Project"). NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the parties hereto agree as follows: 1. The agreement term shall be from April 1, 2018 through May 31, 2020. The anticipated installation of signs will occur in late 2019. 2. In consideration of the terms of this agreement, the COUNTY agrees to provide signs, a kiosktmap and a DEC Aquatic Invasive Disposal Station, for the Cayuga Lake Blueway Trail to the TOWN. The TOWN shall retain ownership of the signs and install them in locations and configurations as specified by the COUNTY. The TOWN shall maintain all signs in accordance with its established procedures and provide documentation of these as needed. 3. The TOWN agrees it will not discriminate against any employee or applicant for employment because of age, creed, race, color, sex, sexual orientation, gender identity, national origin, marital status, disability, military status, arrest record, conviction record, and domestic violence victim status. Such action shall be taken with reference, but not be limited, to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. 4. TOWN shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County and its officers, employees, agents and elected officials for injury or death to any'person or persons or damage to property arising out of the performance of this contract, its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins County. COUNTY shall indemnify, hold harmless and defend the TOWN and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the TOWN and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of its performance under the grant, its employees, subcontractors or agents except all actions and claims arising out of the negligence of the TOWN. 5. The TOWN shall not assign any part of this Agreement to a subcontractor or other parry without the express written consent of the County. All terms and conditions of this Agreement shall apply to any subcontractor. 6. FOR CONTRACTORS THAT ARE PROVIDERS OF HEALTCARE SERVICES. The TOWN agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the TOWN under this contract, the TOWN agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. Plan-2019-12-8027-CLBWT TOI Further, TOWN agrees to comply with the County's Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be viewed at http://www.tompkins-co.orrJindex.aspx, or a copy can be obtained by contacting Tompkins County Department of County Administration. Contractors that are providers of healthcare services certify that the TOWN, and all employees, directors, officers and subcontractors of the TOWN, are not "excluded individuals or entities" under Federal and/or New York State statutes, rules and regulations. The TOWN agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other websites related to the Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or subcontractor is on or has been added to the exclusion list. The TOWN shall promptly notify the COUNTY if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The COUNTY reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list. By signing this contract, you are attesting to that fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities. 7. This Agreement may not be amended or modified except in writing by the parties hereto nor may any obligations hereunder be waived orally. 8. This Agreement shall be governed by the laws of the State of New York. 9. All work shall be completed according to all federal, state and local laws and with required licenses. 10. It is mutually agreed between the parties that an independent contractor relationship is hereby established under the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Item 08 MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020 - : setting a PH for a draft Local Law Amending the Sign Provisions in Chapter 270, Zoning, of the Town or Ithaca Code Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on March 23, 2020 at 5:00 p.m. for the purpose of considering a proposed Local Law Amending the Sign Provisions in Chapter 270, Zoning, of the Town or Ithaca Code; and it is further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard in the lobby of the Town of Ithaca Town Hall. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2020 A LOCAL LAW ADDING CANOPY SIGN PROVISIONS IN RESIDENTIAL AND CONSERVATION ZONES TO 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 XXIX (Signs) of the Town of Ithaca Code, Section 270-254, titled "Residential and Conservation Zones," is amended by adding the word "canopy" after the word "awning" in subsection A so that it reads: "A. Freestanding, wall, projecting, awning, canopy and window signs and banners and flags are permitted as principal and accessory uses and structures as specified below." Section 2. Chapter 270 (Zoning), Article XXIX (Signs) of the Town of Ithaca Code, Section 270-254, titled "Residential and Conservation Zones," is amended by deleting subsection H in its entirety, and replacing it with a new Section 270-254.11 reading as follows: "H. Awning and canopy signs. (1) Awning and canopy signs may be located no further than six feet from the facade of the building to which they relate. (2) No sign shall project or be suspended from an awning or canopy. (3) Awning and canopy signs shall be completely within the outer edges of such awning or canopy. (4) Awning and canopy graphics, including symbols and lettering, may be painted or affixed flat to the surface of the front or sides. Any lettering on an awning shall be a single line of lettering with a maximum height of six inches. Canopy signs may have more than one row of lettering, with a maximum lettering height of six inches and a maximum canopy sign area of eight square feet. (5) No part of an awning or canopy sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the walking surface." 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 Secretary of State. R�"i'Li IJ'F MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020- : Amend the Town of Ithaca Fee Schedule — Code Enforcement Fees/Fire Safety Inspections Whereas, TB Resolution 2009-227 adopted the establishment and setting of fees by town board resolution; and Whereas, the Ithaca Fire Department (IFD), by contract, assist in the fire safety inspections for the covered benefit area within the town, and the town pays IFD their fee for such inspections at the Ithaca Fire Departments' rate; and Whereas, the Town then processes the inspection paperwork and bills the property owner for such inspection; and Whereas, the IFD recently increased their fees to $58 per hour for fire safety inspections; and Whereas, the Director of Code Enforcement has reviewed the fee increase and made recommended changes to the Personnel and Operations Committee; and Whereas, the Personnel and Operations Committee, at its February 24, 2020 meeting, reviewed the recommendations of the Director of Code Enforcement and recommends to the Town Board modifying the Code Enforcement fees of the Town of Ithaca fee schedule to cover the cost of the IFD fee and the cost of the Town handling the billing and paperwork; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve and directs the Director of Code Enforcement to amend the Town of Ithaca Fee Schedule to show Fire Safety inspections and re -inspections shall be at a rate of $68 dollars for the first hour (1 -hour minimum), and $58 per additional hour or part thereof. These changes are effective immediately. Moved: Seconded: Vote: Ayes Item 9b MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020- : Amend the Town of Ithaca Fee Schedule — Code Enforcement Fees/NYS Truss inspection requirement Whereas, TB Resolution 2009-227 adopted the establishment and setting of fees by town board resolution; and Whereas, the State of New York Title 19 CRR -NY ; 1264.2 subdivision (a) requires that enforcement of section 382-a of Executive Law shall include.a fee, of $50, to be paid to the Authority Having Jurisdiction for the enforcement of . 19 CRR -NY 1264, which requires identification of truss type construction far new commercial building additions and new commercial buildings prior to the issuance of a building permit from the Town; and Whereas, the Director of Code Enforcement has reviewed the fee, as required by title 19 CRR -NY 1264 and made recommended changes to the Personnel and Operations Committee; and Whereas, the Personnel and Operations Committee, at its February 24, 2020 meeting, reviewed the recommendations of the Director of Code Enforcement and recommends to the Town Board modifying the Code Enforcement fees of the Town of Ithaca fee schedule as required by title19 CRR -NY 1264; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca does hereby approve and directs the Director of Code Enforcement to amend the Town of Ithaca Fee Schedule to comply with 19 CRR -NY 1264 for the enforcement of truss type construction for new commercial building additions and new commercial buildings prior to the issuance of a`building permit at a rate of $50 dollars in addition to the current fees that are required to be paid for building permit applications or part thereof. These changes are effective immediately. Moved: Seconded Vote: Item 11 MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020 - : Authorization to Apply for Funding through the 2020 Tompkins County Tourism Capital Grant Program for Preliminary Design and Construction Cost Estimates for the Potential Expansion of the South Hill Recreation Way — Burns Road to Banks Road Whereas, the Tompkins County Tourism Program has announced the availability of funding under the 2020 Tourism Capital Grant program, which lists feasibility studies (concept level design and determination of cost estimates) as an eligible activity, and Whereas, the Town of Ithaca, with support from Tompkins County and the Towns of Dryden and Danby, is seeking to obtain preliminary designs and construction cost estimates for the potential expansion of the South Hill Recreation Way from Burns Road to Banks Road, and Whereas, the Town of Ithaca estimates the total cost of this project to be approximately $75,000, based on cost estimates provided by several qualified engineering and landscape architect consultants, and Whereas, grant applications are due by March 17, 2020; 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 for preliminary designs and construction cost estimates for the potential expansion of the South Hill Recreation Way from Burns Road to Banks Road under the Tompkins County Tourism Capital Grants program in an amount not to exceed $75,000, .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: Seconded: Vote: Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, March 9, 2020 TB Resolution 2020 - :Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Town of Ithaca Abstract c, Bolton Point Abstract d. Promotional Appointment of Sr. Civil Engineer Moved: Seconded. - Vote: ayes — TB Resolution 2020 - a: Approval of Minutes Resolved, that the Town Board hereby approves as final the draft minutes of February 10"' and 24"' 2020 with minor corrections as needed. TB Resolution 2020 - : Town of Ithaca Abstract No. 5 for FY -2020 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval ofpayment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore: be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 261 - 324 LC;eneral Fund Town Wide 75,943-69 General Fund Part Town_ 5,68108 jjh\Ns!y Fund Town Wide DA 1,538.29 Highway Fund Part Town DB 6,13&82 Water Fund 6,3801 63 Sewer Fund 297,13&85 Gate:wavTrail — H8 . . . ....... . . .. . .... 565.13 .... . . . State: Route 96b Sidewalk — H7 5,037.22 Fire Protection Fund 291,?90.85 TOTAL 689,715.56 TB Resolution 2020 - : Bolton Point Abstract TBA Item 12 TB Resolution 2020 — d: Ratify Promotional Appointment of Senior Civil Engineer Whereas, there is a vacancy in the full-time position of Senior Civil Engineer in the Public Works Department due to a promotion; and Whereas, the Director of Engineering has determined that David O'Shea, Civil Engineer possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Senior Civil Engineer; and Whereas, the Director of Engineering promotionally appoints David O'Shea, to the Senior Civil Engineer position, effective March 1, 2020; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the provisional non- competitive promotional appointment of David O'Shea as a full time Senior Civil Engineer, effective March 1, 2020; and be it further Resolved, this is a 40 hour a week position, at the hourly wage of $35.00, which is an estimated annual salary of $72,800, in Job Classification "I"', with full time benefits from account A1440.100; and be it further Resolved, if the said successfully completes the mandatory eight (8) week probationary period, there will be no further action required by the Town Board.