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HomeMy WebLinkAboutTB Packet 2022-09-26MEETING OF THE ITHACA TOWN BOARD September 26, 2022 at 4:30 p.m. Meeting to be held hybrid with in-person attendance permitted and broadcast via Town of Ithaca Public Meetings - YouTube ZOOM ID 87962750564 Ph. 929 436 2866 AGENDA 1. Public hearings regarding: a. Proposed local law amending Chapter 59, Public Works Department, of the Town of Ithaca Code i. Consider adoption b. Proposed local law adding a Vehicle Length Limits Article to Chapter 250, ‘Vehicles and Traffic”, of the Town of Ithaca Code i. Consider adoption c. Proposed increase to the Ridgecrest Water Improvement Project (Public Interest Order) i. Consider adoption ii. Consider award of contract 2. Consider setting public hearings regarding: a. Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2023 b. Assessment Rolls for the Town of Ithaca’s Special Benefit Districts and Special Benefit Areas 3. Consider authorization to sign Snow & Ice Agreement with Tompkins County 4. Consider authorization to sign a contract with Vonage for telephone services 5. Committee Reports a. Budget b. COC c. Personnel and Organization d. Planning e. Public Works f. Ad Hoc/Other Committees 6. Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of eBid Policy 7. Report of Town Officials a. Discussion on correspondence protocols and related actions MEETING OF THE ITHACA TOWN BOARD Monday, September 26, 2022 TB Resolution 2022 – xxx- Creation of Acting Director of Public Works Role, Authorize Stipend, and Ratify the Appointment of Whereas, there are times when the Director of Public Works/ Highway Superintendent is out of the office for vacation, medical and other reasons, and desires to establish a second in command role without creating an additional position by appointing the additional role to a current employee in the position of Deputy Highway Superintendent, Parks Maintenance Manager or Water and Sewer Maintenance Supervisor, pursuant to Local Law Chapter 59; and Whereas, the Personnel & Organization committee reviewed the responsibilities of the Acting Director of Public Works role and responsibilities and recommends the creation of the Acting Director of Public Works designation and recommends a $75 bi-weekly stipend; and Whereas, the Director of Public Works has designated Joseph Talbut, Parks Maintenance Manager, as the Acting Director of Public Works, effective September 26, 2022; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby create the Acting Director of Public Works role, and establishes a biweekly stipend for the extra responsibility in the amount of $75 for physical years 2022 and 2023; and be it further Resolved, the Town Board ratifies the appointment of Joseph Talbut as the Acting Director of Public Works, effective September 26, 2022. Moved: Seconded: Vote: Agenda item 1a MEETING OF THE ITHACA TOWN BOARD September 26, 2022 TB Resolution 2022 -XXX: Adoption of a local law amending Chapter 250 of the Town of Ithaca Code, titled “Vehicles and Traffic,” by adding a Vehicle Length Limit and Penalties and Exclusions in the Vehicle Length Limits Article Whereas the Town’s Highway Superintendent has received numerous comments and complaints about vehicle traffic issues in the hamlet of Forest Home, and Whereas the Town’s Public Works Committee and Town Board have discussed the issue(s) and determined the best course of action is to revise the Town of Ithaca Code Chapter 250, “Vehicles & Traffic” to address a variety of issues, and Whereas, the Town Board finds that the proposed local law will further the health and welfare of the community, and Whereas, pursuant to 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 adoption of said local law is a Type II action as it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment”; and further constitutes “adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the” Type II list, and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it Resolved, that the Town Board adopts Local Law XX of 2022, entitled “A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED “VEHICLES AND TRAFFIC,” BY REVISING PENALTIES AND EXCLUSIONS IN THE VEHICLE WEIGHT LIMITS ARTICLE.” Moved: Seconded: Vote: Agenda item 1b 1 Agenda item 1b TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2022 A LOCAL LAW ADDING A VEHICLE LENGTH LIMITS ARTICLE TO CHAPTER 250 (VEHICLES AND TRAFFIC) OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Town of Ithaca Code Chapter 250 (Vehicles and Traffic) is hereby amended by adding Article I, titled “Vehicle Length Limits,” as follows: “Article I Vehicle Length Limits § 250-1. Legislative Authority and Purpose. A. This article is adopted pursuant to the authority of §§ 385 and 1660 of the Vehicle and Traffic Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York. B. This article is adopted to minimize the adverse impact of certain traffic upon certain roads and highways in the Town, including to promote the health, safety, and welfare of the community. § 250-2. Signage and Restricted Locations. A. This article shall be effective with respect to each named roadway, highway, or segment thereof as is listed in this section. The Town is authorized to post appropriate vehicle length limit signage in relation to such areas in any manner using the approved signage listed in the Manual on Uniform Traffic Control Devices (MUTCD). B. No commercial vehicles, recreational vehicles, tractors, tractor-trailer combinations, tractor-semitrailer combinations, or tractor-trailer-semitrailer combinations that exceed a maximum length of 30’ shall be permitted or allowed to travel upon or over the following roads, highways, or segments thereof: 1.Sand Bank Road, from its intersection with State Route 13 and proceeding southerly uphill and all the way to the Town of Ithaca-Town of Danby corporate boundary, being approximately 2.32 miles in total distance. § 250-3. Definitions. A.MUTCD – Means the Manual of Uniform Traffic Control Devices, and the New York Supplement thereto, as currently exists and as hereafter amended. 2 B. Town means the Town of Ithaca, located in Tompkins County, New York. C. Vehicle - Refers to motor vehicles generally, and any specification of a vehicle type (e.g., truck, commercial vehicle, tractor, tractor-trailer combination, tractor- semitrailer combination, tractor-trailer-semitrailer combination, etc.) means that vehicle type as defined by and under the New York Vehicle and Traffic Law, and the regulations arising thereunder. D. Vehicle Length, or Length – Means the total length of a motor vehicle plus any trailers and overhangs, from its front bumper or edge to the rear thereof, including the full length of any one or more trailers and including all bumpers and loads (including the length of any load overhang). § 250-4. Exclusions. This article shall not apply to: (i) local deliveries and pickups to and from properties located on the aforementioned Town highways by vehicles otherwise prohibited from using said highways by the provisions of this article; (ii) sound agricultural operations and practices (as defined and construed in and by New York State Agricultural District Laws) and the related movement of agricultural products when this restriction applies within a NYS certified agricultural district; (iii) school buses, related educational transportation vehicles, and municipally owned or sponsored mass transit, including TCAT buses; (iv) law enforcement vehicles; (v) ambulances and fire trucks, and vehicles owned and operated by municipalities or fire companies on emergency or official municipal or fire-fighting business; (vi) military vehicles; (vii) maintenance, repair, and service vehicles owned and operated by a utility company or public authority while on official business, but excluding any pipeline transportation companies and similar entities that are not engaged in providing services to nearby residential and business structures; and (viii) municipal and other governmental vehicles engaging in maintenance, repairs, or the provision or performance of any municipal service, together with those vehicles contracted for such services by any municipality or governmental unit. § 250—5 Offenses and Penalties for Offenses. A. All provisions of New York State law generally and procedurally applicable to misdemeanors shall apply to any criminal proceeding brought under this article, and any misdemeanors shall be deemed unclassified misdemeanors. For purposes of this article the Town’s justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation 3 of this article, and to thereafter, if appropriate, impose any fine, penalty, sentence, or sanction. B. First offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article shall be guilty of a criminal violation and subject to a fine of not less than $100 and not more than $300, or by imprisonment for not more than 15 days, or both such fine and imprisonment. C. Second offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article within 18 months of any prior judicial finding or conviction under this article shall be guilty of a second offense. Any person or entity that commits any second offense shall be guilty of a violation and subject to a fine of not less than $200 and not more than $500, or by imprisonment for not more than 15 days, or both such fine and imprisonment. D. Third offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article within 18 months of any prior judicial finding or conviction under this article of a second offense, shall be guilty of a third offense. Any person or entity that commits any third offense shall be guilty of an unclassified misdemeanor and subject to a fine of not less than $500 and not more than $2,500, or by imprisonment for not more than 120 days, or both such fine and imprisonment. E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is any violation of, or non-compliance with, this article, the Town may bring an action to enjoin and restrain the continuation of such violation. In any such action: (a) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) the Town shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the Town has no adequate remedy at law. In any such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing restitution or damages. The remedies provided by this article shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in law, equity, enforcement or otherwise.” Section 2. 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 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 1 MEETING OF THE ITHACA TOWN BOARD September 26, 2022 4:30p.m. 215 N. Tioga St., Ithaca, NY, Tompkins County TB Resolution 2022 – : Order Increasing the Maximum Amount to be Expended for the Town of Ithaca Ridgecrest Road Water Improvements Project from $1,096,365 to $1,261,700, with the Entire Project Funded by Grants-in-Aid Present: Moved: Seconded: Whereas, on March 14, 2022 the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Ridgecrest Road water improvements project (the “Improvement”) and the establishment of the Ridgecrest Road Water Improvement Area (“Water Improvement Area”), through TB Resolution 2022-031; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $1,096,365, and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $1,096,365; and Whereas, because of anticipated increased material and construction costs in 2022, the Town Engineer has prepared a new estimate of cost in a memo that amends the map, plan and report for the Improvement by increasing the maximum estimated cost to the Water Improvement Area from $1,096,365 to $1,261,700; and Whereas, TB Resolution 2022-031 states the method of financing the Improvement would be by the issuance of serial bonds issued by the Town; the Town has now determined that grants-in-aid are sufficient to fund the entire Improvement; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, after said memo amending the plan, report and map to increase the estimate of cost was filed in the office of the Town Clerk, the said Town Board did, on September 12, 2022, duly adopt an Order describing the increase in the maximum amount to be expended by the Town of Ithaca for the Improvement, stating that funding for the entire Improvement would come from grants-in-aid, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 26th day of September, 2022 at 4:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to increase the maximum amount to be expended, with funding for the entire Improvement to come from grants-in-aid, and to hear all persons interested in the subject thereof concerning the same; and Whereas, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and Agenda item 1c 2 consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and Whereas, the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement, with funding for the entire Improvement coming from grants-in-aid, based on the evidence offered at such time and place; Now, Therefore, Be It Resolved, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) It is in the public interest to authorize the increase in the maximum proposed to be expended on the Improvement as hereinafter described, with funding for the entire Improvement coming from grants-in-aid; and be it Further Resolved, that the Town Board does hereby authorize the increase in the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, from $1,096,365 to $1,261.700, with funding for the entire Improvement to come from grants-in-aid; and be it Further Resolved, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days after adoption of this resolution, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: The Order was thereupon declared duly adopted. MEETING OF THE ITHACA TOWN BOARD Monday, September 26, 2022 TB Resolution 2022 - xxx: Setting public hearings for October 17, 2022 Resolved that the Town Board will hold public hearings at its October 17, 2022, meeting beginning at 5:30 p.m., regarding the following: a. Approval of the 2022 Assessment Rolls for the Town of Ithaca’s Special Benefit Districts and Special Benefit Areas b. Approval of the Proposed Increases to Town of Ithaca Water Rates and Sewer Rents Effective January 1, 2023 at which time the public may be heard concerning the same. Information on the above items is available from the Town Clerk’s Office and online at www.town.ithaca.ny.us Moved: Seconded: Vote: Agenda item 2 MEETING OF THE ITHACA TOWN BOARD September 12, 2022 TB Resolution 2022 - : Approval of Three-Year Snow and Ice Agreement with Tompkins County Whereas, the Town of Ithaca and Tompkins County have contracted with each other for removal of snow and ice from County and Town roads since October 2002; and Whereas, the current contract will expire on September 30, 2022; and Whereas, the agreement has been submitted for renewal with no significant a new agreement for snow and ice removal from Town and County roads is proposed from October 1, 2022, through September 30, 2025; and Whereas, the Town Board reviewed the Agreement as submitted at its September 12, 2022, meeting, now, therefore, be it Resolved, that the Town Board authorizes the Town Supervisor to execute the Snow & Ice Agreement with Tompkins County, as submitted, with a cost not to exceed $18,163.43, subject to review by the Attorney for the Town. Moved: Seconded: Vote: ayes – Agenda item 3 SNOW AND ICE AGREEMENT AGREEMENT, made as of the 1st day of October 2022, by and between the COUNTY OF TOMPKINS, a municipal corporation of the State of New York, with main offices in the County Courthouse at 320 North Tioga Street, Ithaca, New York, hereinafter referred to as the "County", and the TOWN OF ITHACA, a municipal corporation, with offices at 215 North Tioga Street, Ithaca, NY 14850, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, Highway Law Section 135-a of the State Highway Law and General Municipal Law Section 119-0 authorizes a County to contract with a City, Town, or Village for the removal of snow and ice from County Roads, or for sanding or otherwise treating (the use of Liquid Brine of any type is not permitted on County Roads without prior written consent of the Tompkins County Highway Director) subject to the approval by resolution of the legislative bodies contracting for said services, and WHEREAS, the County wishes to contract with the Town for the removal of snow, or otherwise treating such County roads (See Schedule A) in said Town and neighboring towns as laid out before each snow season by the County Highway Director. NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The term of this Agreement shall be for three (3) years, to commence October I, 2022, and terminating September 30,2025, and may be extended by written mutual consent of both parties. 2. The County agrees to rent from the Town and the Town agrees to rent to the County Highway Department, tools, equipment, and personnel for such purposes. Payment for same shall not exceed $18,163.43 (eighteen thousand one-hundred sixty-three dollars and forty-three cents) for plowing, salting, and sanding two-lane miles for the 2022/23 season. Said payments shall be made to the Town in four equal installments (for total sum of full amount) on each February 1, March 1, April 1, and December 1 of each year. The amount paid per two-lane mile will be adjusted each year by the percentage change in County costs for snow and ice removal work performed, comparing the two preceding winter seasons (October-April). 3. The Town shall credit the money received from the County to the respective funds in the Town budget which were charged with the objects of expense. 4. The Town shall keep records showing when snow removal work is performed on County Roads, which records will be available for review by County staff during business hours. Agenda item 3 5. If either party disputes the level of reimbursement, then at the request of either party, a comparison of the last two (2) year average of the fixed payment with that payment which would have been due under a time and material reimbursement method can be used to determine a new base amount for adjustment in compliance with the terms of this agreement. 6. The Town shall indemnify, hold harmless and defend the County, its officers, employees, agents, and elected officials for injury, illness, or death to any person or persons or damage to property arising out ofthe performance of this Agreement by the Town, its employees, subcontractors or agents except all actions and claims arising out of the negligence of the County. The Town shall be fully responsible for the work performed under this Agreement and shall indemnify and hold harmless the County, its officers, employees, agents, and elected officials from and against any and all claims for injury to persons, including employees of the Town or any subcontractor, where such claim asserts that the injury, illness, or death was the result of conditions of the worksites or that the County, its officers, employees, agents, and elected officials were in any way negligent in the hiring of the Town to do the work or failure to maintain a safe worksites. 7. The Town and the County shall maintain the limits of insurance set forth in the attached Schedule B. 8. During the term of this contract, if the County Highway Director agrees that unusual circumstances have drastically increased the cost of snow and ice removal during any year, a one-time payment may be negotiated. 9. This Agreement is executed on behalf of the County pursuant to a Resolution adopted by the County Legislature on September 20, 2022 and by the Town Board. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and years first written above. DATE:xh- Jessi Spudis,. Compliance Program Coordinator Tompkins County DATE:....©/?!].;^^, DATE: Joe Slater Superintendent, Town of Ithaca 11^2^ Rod HoM(e Supervisor, Towfi of Ithaca SCHEDULE A The Snow and Ice Maintenance Agreement between the Town of Ithaca and Tompkins County is for plowing, sanding, and salting County roads as specified below. On all roads listed, the municipality will provide complete snow and ice maintenance within the limits of this Agreement. The Town will provide plowing, salt, and sand (the use of Liquid Brine of any type is not permitted on County Roads without prior written consent of the Tompkins County Highway Director) on the following County Roads (letter designations may be for internal (County) use, only; i.e. 153B, etc.): Road;Section:Miles: East King Road, CR179 Hanshaw Road. CR109H Pleasant Grove Road, CR122PG Troy Road, CRI23T Warren Road. CR121 Rt. 96B - CR 119, Coddington Road 2.02 Village Line - Rt. 13 2.75 Forest Home- Village Line .60 All 2.00 Forest Home - Village Line 1.91 Total Town Miles: 9.28 The County will plow, salt and sand the following Town roads: Town Road: Section:Miles: Bundy Road Hopkins Road Maple Ave. Updike Road All 2.19 All .52 City Line- Pine Tree Road, CR 174J .48 Coddington Road, CR 119 - Turn-Around .37 Total County Miles: 3,56 S SCHEDULE B TOMPKINS COUNTY INSUE^NCE REQUIREMENTS The Town shall maintain the following minimum limits of insurance or as required by law, whichever is greater. A.) Workers' Compensation and New York Disability Workers' Compensation Statutory coverage complying with NYS Workers' Compensation Law Section 57 General Municipal Law Section 125, Town must submit one of the following: CE-200 - Certification of Attestation of Exemption form' NYS Workers' Compensation and/or Disability Benefits Coverage available at http://www.wcb.nv.aov/content/main/forms/AllForms.isp. OR CE-105.2 - Certification of NYS Workers' Compensation Insurance (U-26.3 f or State Insurance Fund version), OR SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR GSl-105.2 - Certificate of NYS Workers' Compensation Group Self-Insurance Employers' Liability - $1,000,000 ' Disability Benefits Requirements Statutory coverage complying with NYS Workers' Compensation Law Section 220 (8) under General Municipal Law Section 125, Town must submit one of the following: CE-200 - Certification of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, OR DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance NOTE; Proof of NYS Workers' Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at httD://www.wcb.nv.aov/content/main/forms/AIIForms.isp or Bureau of Compliance at (866) 546-9322). B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed - operations Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $50,000 Medical Expense $5,000 • Town shall maintain CGL coverage for itself and all additional Insureds for the duration of the Agreement. • Policy may not contain any exclusions relating to NY Labor Law or municipal work. • It is expressly understood and agreed by the Town that the insurance requirements specified above, contemplate the use of occurrence liability forms. ^ • Tompkins County and its officers, employees, agents and elected officials are to be included as Additional Insured's on a primary and non-contributory basis. • This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Town. 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. • Coverage for the Explosion, Collapse, and Underground Property Damage hazards will be provided. 0.) Commercial Umbrella $5,000,000 • Policy may not contain any exclusions relating to NY Labor Law or municipal work. • Tompklns County and Its officers, employees, agents and elected officials are to be Included as Additional Insured's on a primary and non-contributory basis. • Umbrella coverage must Include as insureds all entities that are additional Insureds on the CGL. • 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, Auto Liability and Employers Liability coverages maintained by the Town. D.) Business Auto Coverage Liability for Owned, $1,000,000 CSL or Hired and Non-Owned $500,000 Per Person Bi $1,000,000 Per Accident BI v $250,000 PD Split Limits • Town and all other parties required of the Town shall be included as Insureds on the auto policy. E.) Owner's & Contractor's Protective Liability Each Occurrence $1,000,000 Annual Aggregate $2,000,000 F.) Waiver of Subrogation Town waives all rights against Tompklns County and Its officers, employees, agents and elected officials 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 requirements stated above. All insurance shall be written with Insurance carriers licensed by New York State and have an A.M. Best's Key Rating no lower than "A - X". Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord 25 (03/2016), or Insurance company certificate. AIMInsurance policies and Certificates shall contain a provision that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except for non-payments) until at least thirty (30) days prior written notice has been given to the County. All Certificates must be signed by a licensed agent or authorized representative of the Insurance company. Certificates of Insurance shall be submitted with signed agreement.