HomeMy WebLinkAboutTB Minutes 2022-09-12Meeting of the Ithaca Town Board
September 12, 2022 at 5:30 p.m.
This meeting will be held virtually via Xou..Egbe I..._tve cefi p IJnk and .09M. for your
convenience. If you are planning to address the Board, please join via ZOOM and consider
shifting to YouTube Live for the remainder of the meeting.
AGENDA
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
3. Public hearing regarding the adoption of the Southern Cayuga Lake Intermunicipal Water
Commission, aka Bolton Point, 2023 Preliminary Budget
a. Consider adoption
4. Consider setting public hearings regarding:
a. A proposed local law adding a Vehicle Length Limits Article to Chapter 250,
`Vehicles and Traffic", of the Town of Ithaca Code"
b. A proposed local law amending Chapter 59 "Public Works Department" to clarify
duties and responsibilities of deputies
Consider authorizing the Supervisor to sign an addendum to the Fuel Station Project
contract for additional services
6. Consider approval and authorization to sign an agreement with Granicus for services
associated with short term rentals
7. Consider setting a public hearing regarding an increase in the public interest order of the
Ridgecrest Road Water Improvement Project
8. Consider adoption of revised Personnel Policy — Drug & Tobacco Free Workplace
9. Consider Consent Agenda Items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of Surplus items to Auction
e. Approval of promotional appointment — Senior Civil Engineer — David O'Shea
f. Ratify appointment of Deputy Highway Superintendent — Mike Beach
10. Report of Town Officials and Committees
11. Review of Correspondence
12. Adjournment
Meeting of the Ithaca Town Board
September 12, 2022 at 5:30 p.m.
This meeting was held in person with live broadcasts via Yoti ube I�veand /��M:..._ ZOOM
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, and Rob Rosen Absent: Pamela Bleiwas and Margaret Johnson
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources;
Marty Moseley, Director of Code Enforcement; Susan Ritter, Director of Planning; Paulette
Rosa, Town Clerk; Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and
Dan Thaete, Director of Engineering
Minutes
1. Call to order and Pledge of Allegiance
Mr. Howe called the meeting to order at 5:30 p.m.
2. Persons to be Heard and Board Comments — None
Public hearing regarding the adoption of the Southern Cayuga Lake Intermunicipal
Water Commission, aka Bolton Point, 2023 Preliminary Budget — opened 5:32 p.m.
closed 5:33
Mr. Howe opened the public hearing at 5:32 p.m. There was no one wishing to address the
Board and the hearing was closed.
Mr. Howe explained that the Town of Ithaca is the administrative Board for Bolton Point.
Mr. DePaolo said it appears the personnel expenses are broken down by department and function
and it would be helpful in the future to see an aggregate total for personnel expenses to
determine its percentage of the budget.
TB Resolution 2022 - 136: Approval of the 2023 Southern Cayuga Lake Intermunicipal
Water Commission 2023 Budget
Whereas the Southern Cayuga Lake Intermunicipal Water Commission 2023 Preliminary Budget
has been approved by the Commission and a public hearing dutifully held by the Town of Ithaca
on September 12, 2022, now therefore be it
Resolved that the Town Board approves the Southern Cayuga Lake Intermunicipal Water
Commission 2023 Budget as submitted.
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes — Howe, DePaolo, Goodman, Levine, and Rosen
TB 2022-09-12 (Filed 11/21) Pg.I
4. Consider setting public hearings regarding:
Mr. DePaolo commented on the enforcement section of the draft Vehicle Length limits and the
"per week infraction" and asking if that was a sufficient deterrent given that the cost of project -
specific traffic infractions could be considered a "cost of doing business" for some.
Ms. Brock responded that the existing violation enforcements regarding vehicle weights uses "by
offense" and said the vehicle and Traffic weight limits does not list durations but rather it is by
offense such as 2nd offense within 18 months of prior, 3rd offense being similar.
Mr. Slater will look at other sections and discuss changes prior to the deadline for sending out
the draft local law associated with the public hearing.
Mr. DePaolo asked about the clarifying duties at Public Works, saying the Town Board does
have the right to ratify the appointment of the Highway Superintendent/Director of Public
Works, and to appoint a Deputy if the Superintendent does not within 5 days, but Town Law
Section 32 does not confer the power to ratify the Deputy position.
Ms. Drake responded that that applies to the Deputy Highway Superintendent but not the
proposed Deputy Director of Public Works.
Ms. Brock added that there is no civil service title, exam or formal job description for a Deputy
Director of Public Works and is an internal administrative title the Town is proposing. There is a
clear line of authority as to who would act in the Superintendents absence and the proposed
wording is clear on that.
TB Resolution 2022 —1.37: Setting public hearings for amendments to the Town of Ithaca
Code, Chapter 250 "Vehicle and Traffic" and Chapter 59 "Public Works Department"
Resolved that the Town Board will hold public hearings at their meeting to be held virtually on
September 26, 2022, on the ZOOM audio/visual platform and broadcast live on the Town of
Ithaca You Tube Live Meetings site, beginning at 4:30 p.m. regarding:
a. A proposed local law adding a Vehicle Length Limits Article to Chapter 250,
`Vehicles and Traffic", of the Town of Ithaca Code", and
b. A proposed local law amending Chapter 59 "Public Works Department" to clarify
duties and responsibilities of deputies
And be it further
Resolved that at this time, all persons interested in addressing the Board on the above proposed
local laws will be heard.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes — Howe, DePaolo, Goodman, Rosen, and Levine
TB 2022-09-12 (Filed 11/21) Pg.2
5. Consider authorizing the Supervisor to sign an addendum to the Fuel Station
Project contract for additional services
Mr. Howe gave a summary, stating that the Town decided to look at a fourth site and approved
an addendum to the contract with Barton & Loguidice. The fourth site is slightly more
expensive and Ms. Brocks comments were incorporated in the revised draft sent out prior to the
meeting.
TB Resolution 2022 - 1.38: Approval and authorization for the Supervisor to sign an
amendment to the existing contract with Barton & Loguidice for the Public Works Facility
Fueling Station Design Project
Whereas, on. May 9th, 2022, the Town Board awarded the contract for Part A of the Town of Ithaca
Public Works Facility Fueling Station Design Project proposal to Barton & Loguidice (B&L) for
a fixed fee of $14,992.60, and
Whereas, the Town of Ithaca Public Works Committee reviewed B&L's recommendations at their
August 16th, 2022, meeting and determined that a fourth site location should be reviewed and
analyzed, and
Whereas, the amendments to the scope of work were outlined in a Part A Fee Amendment Proposal
letter, dated September 7, 2022, with an increase of $736.50 resulting in a modified fixed fee of
$15,729.10, and
Whereas, as stated in TB Resolution 2022-084, if an additional meeting with the consultants is
deemed necessary, the Director of Engineering reserves the right to authorize an increase to the
fixed fee by a lump sum of $500.00 if an additional meeting is deemed, now therefore be it
Resolved, that the Town Board hereby authorizes the modification of the Part A Fee and related
scope of work as submitted in the Part A Fee Amendment Proposal and authorizes the Town
Supervisor to execute on behalf of the Town an amended contract with such modified Fee and
scope of work.
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Levine, Goodman, and Rosen
6. Consider approval and authorization to sign an agreement with Granicus for
services associated with short term rentals
Mr. Howe noted that this is to help the Town track short-term rentals and operating permit
compliance by monitoring over 60 sites used for short-term rentals. He added that the County
also wants to look at Granicus when their current contract with another company expires and the
Village of Cayuga Heights is using Granicus.
TB 2022-09-12 (Filed 11/21) Pg.3
Mr. Goodman stated that the Town should make sure the short-term rental permits absorb and
cover this additional cost.
Mr. Howe responded that all fees will be reviewed at the Personnel and Organization Committee
soon.
TB Resolution 2022 —1.39: Approval and authorization to execute an agreement with
Granicus for services associated with Short Term Rentals
Whereas the Town established regulations associated with Short Term Rentals in 2021 and
determined there was a need for a third party to provide certain rental activity monitoring, and
Whereas the town received four proposals and interviewed all four companies, including
demonstrations of their platform and services, and
Whereas the Director of Code Enforcement and selection committee has determined that
Granicus, based in Saint Paul, MN provides the best value, services, and product for the Town,
and
Whereas the Town Board reviewed the Granicus Proposal (Q-209347) dated August 22, 2022, at
their September 12, 2022 meeting, now therefore be it
Resolved that the Town Board accepts and approves the Granicus Proposal as submitted, with a
cost not to exceed $8,500 yearly for a 3-year period, and be it further
Resolved that the Town Board authorizes the Town Supervisor to execute the agreement for
services as detailed in the Proposal.
Moved: Bill Goodman Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Goodman, Levine, and Rosen
7. Consider setting a public hearing regarding an increase in the public interest order
of the Ridgecrest Road Water Improvement Project
Mr. Howe reported that the current public interest order needs to be increased.
Mr. Thaete added that the additional $175K includes a 10% contingency and we received two
bids from firms we have worked with before and they were within $500 of each other at the
increased amount. The increase is most likely due to current prices and supply issues.
TB Resolution 2022 —140: Order Setting a Public Hearing Regarding an Increase in 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
TB 2022-09-12 (Filed 11/21) Pg.4
Present: Rod Howe, Supervisor; Bill Goodman, Rob Rosen, Eric Levine, and Rich DePaolo
Moved: Rod Howe Seconded: Rich DePaolo
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, it is now desired to call a public hearing for the purpose of considering the
increase in the maximum amount to be expended by the Town of Ithaca from $1,096,365 to
$1,261,700, 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, all in accordance with the provisions
of Section 209-q of the Town Law;
Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins
County, New York, as follows:
Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca,
Tompkins County, New York, at the Town Hall, 21.5 North. Tioga Street, in Ithaca, New York, in
said Town, on the 26t' day of September, 2022, at 4:30 o'clock P.M., Prevailing Time, to consider
the aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the
Improvement, 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 to take such action thereon as is
required by law.
Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of
Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with
funding for the entire Improvement to come from grants-in-aid, with such Notice to be published
TB 2022-09-12 (Filed 11/21) Pg.5
once in the official newspaper, and also to post a copy thereof on the town signboard maintained
by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated
for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town
Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,
which resulted as follows; Rod Howe, aye; Bill Goodman, aye; Eric Levine, aye; and Rich
DePaolo, aye.
The Order was thereupon declared duly adopted.
8. Consider adoption of revised Personnel Policy — Drug & Tobacco Free Workplace
Mr. Howe reported that the Personnel and Organization Committee has been reviewing the
Personnel policy for the past year, and the most recent topic is the Drug & Tobacco Free
Workplace and Driving Town Vehicles.
The proposed changes are to include cannabis to be clear it is addressing at the workplace and
not at home. So minor changes to clarify and add cannabis to reflect recent legislation.
Mr. DePaolo asked if vaping is considered smoking.
Ms. Drake responded that the Drug Free Workplace covers what the Tobacco Free section does
not and this was to add what the FDA lists under the definition of tobacco.
Mr. DePaolo asked about the statement "Employees must not be under the influence of alcohol,
marijuana, or illegal drugs when they report to work" and he asked why we are only stipulating
illegal drugs as we don't want people under the influence of any drugs, whether it's not legal or
not. Correct?
Ms. Drake responded that there was a very long debate on how to state that people can take
drugs because many drugs are prescription, so saying "legal and illegal drugs" was problematic.
We are trying to address illegal drugs and legal drugs taken in an illegal manner.
Mr. DePaolo responded that even if someone is on Percocet, we don't want them working under
the influence.
Ms. Drake responded that the Town is not allowed to oversee legally prescribed drugs unless the
drug states things such as "do not operate heavy machinery" and then we have some oversight,
but it is hard to ask questions legally.
If you are on a prescribed drug, we do have a prescription policy in place where if that is a
direction of the prescription, and that is what your job entails, we have to make sure you are not
put in that situation or duty.
TB 2022-09-12 (Filed 11/21) Pg.6
TB Resolution 2022 - 141: Adoption of Revised Personnel Policies -Tobacco Free
Workplace and Drug Free Workplace
Whereas, the Personnel & Organization Committee has reviewed and recommend the revised
Tobacco Free Workplace and Drug Free Workplace policies for all staff of the Town; now,
therefore, be it
Resolved, that the Town Board hereby approves and adopts the revised Tobacco Free Workplace
and Drug Free Workplace policies as submitted to replace the current policies in the Personnel
Manual.
Moved: Eric Levine Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Goodman, Levine, and Rosen
9. Consider Consent Agenda Items:
TB Resolution 2022 - 142: Consider Consent Agenda Items
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of promotional appointment — Senior Civil Engineer — David O'Shea
e. Ratify appointment of Deputy Highway Superintendent — Mike Beach
f. Approval of Surplus items to Auction
Moved: Rich DePaolo Seconded: Eric Levine
Vote: ayes — Howe, DePaolo, Goodman, Levine, and Rosen
TB Resolution 2022 - 142a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of July 25, 2022 with non- substantive
changes made if needed.
TB Resolution 2022 - 142b: Town of Ithaca Abstract No. 17 for FY-2022
Resolved that the Town Board hereby authorizes the payment of the following audited vouchers
in total for the amounts indicated:
VOUCHER NOS. 981 - 1046
General Fund Town Wide
186,186.38
General Fund Part -Town
5,511.14
Highway Fund Town Wide DA
2,692.64
Highway Fund Part Town DB
20,456.08
TB 2022-09-12 (Filed 11/21) Pg.7
Water Fund
658,210.43
Sewer Fund
36,071.15
Fire Protection. Fund
290,000.00
Forest Home Lighting District
203.63
Glenside Lighting District
47.37
Renwick Heights Lighting District
74.55
Eastwood Commons Lighting District
82.20
Clover Lane Lighting District
11.21
Winner's Circle Lighting District
16.51
Burlei h Drive Lighting District
48.70
West Haven Road Lighting District
173.82
Coddin ton Road Lighting District
104.44
Trust and Agency
40,683.65
Debt Service
300.00
TOTAL
1,240,873.90
TB Resolution 2022 - 142c: Bolton Point Abstract
Resolved, that the governing Town Board hereby authorizes the payment of the following audited
vouchers:
Voucher Numbers: 364-415
Check Numbers: 20460-20511
Capital Impr/Rep1 Project $ 39,663.58
Operating Fund
$
1.16,376.52
TOTAL
$
1.56,040.1.0
Less Prepaid
$
6,891.05
TOTAL
$
1.49,148.45
TB Resolution 2022—1.42d: Promotion of David O'Shea to Sr. Civil Engineer w/ PE
Whereas, the Director of Engineering promotionally appointed David O'Shea, to the Senior Civil
Engineer position in Job Classification F, effective March 1, 2020; and
Whereas, David O'Shea has passed his Professional Engineer exam and is eligible to be
promoted to Sr. Civil Engineer with PE in Job Classification G, effective September 12, 2022;
now, therefore, be it
Resolved, the Town Board hereby approve the promotional appointment of David O'Shea as a
full time Senior Civil Engineer w/ PE, effective September 12, 2022; and be it further
Resolved, this is a 40 hour a week position, at the hourly wage of $40.40, which is an estimated
annual salary of $84,032, in Job Classification "G", with no change in the full-time benefits.
TB 2022-09-12 (Filed 11/21) Pg.8
TB Resolution 2022—1.42e: Ratification of Appointment of Deputy Highway Superintendent
Whereas, the position of Deputy Highway Superintendent was vacant due to a retirement on July
23, 2022; and
Whereas, through interviews and evaluations by the Highway Superintendent and a selection
committee, it has been determined that Donald (Mike) Beach, Sr. Heavy Equipment Mechanic,
possess the necessary knowledge, skills and ability to perform the duties of Deputy Highway
Superintendent; and
Whereas, the Highway Superintendent has made the promotional appointed of Mike Beach to the
position of Deputy Highway Superintendent, effective September 4, 2022; now, therefore, be it
Resolved that the Town Board hereby ratifies the Highway Superintendent's promotional
appointment of Donald Beach to the Deputy Highway Superintendent position, effective
September 4, 2022; and be it further
Resolved that this position is 40 hours a week at the hourly wage of $37.77, which is an
estimated annual salary of $78,561, in Job Classification "VI", with full time benefits; and be it
further
Resolved that if the mandatory twenty-six (26) week probationary period is successfully
completed, there will be no further action required by the Town Board.
TB Resolution 2022—1.42f: Designation of Surplus Items and approval of auctioning same
Whereas, a municipal online auction is held from time to time hosted by Auctions International
located in East Aurora, NY, and
Whereas, certain items have become surplus/no longer needed by the Town and ready for auction
in February 2023:
• (1) 2016.Ford F-350 Super Duty W/ plow (Fleet # 65)
• (1) 2007 Volvo VHD Dump Truck w/ plow, wing, & spreader (Fleet # 1.3)
• (1)2010 International 7600 Work Star Dump Truck w/ plow, wing, &
Spreader (Fleet # 15)
• (1) Graco Line Lazer 3400 Line Striping System
• 2018 Ventrac Tractor / Kubota (Fleet # 39)
Now therefore be it
Resolved that the Town Board declares the above -described equipment to be surplus and no longer
needed by the Town and authorizes said items to be placed in auction as indicated with resulting
proceeds to be deposited in the appropriate funds by the Finance Officer.
TB 2022-09-12 (Filed 11/21) Pg.9
• Remember to let Ms. Rosa know if you are planning to attend the NYS Association of
Towns meeting in New York City so we can get the early bird rate
• Financial Reports were included in your packets
• The County is rolling out a grant program using some of the ARPA funds, Tompkins
County Community Recover Fund, where municipalities are eligible to apply. The
Management Team will be discussing any ideas and the Board is welcome to join the
discussions or send thoughts.
• Start thinking about possible dates for a Board Retreat in the Fall.
• Farm Tour invites have been sent out my Mr. Smith
• This Saturday there is a tree planting event at the East Hill preserve, everyone is
welcome, and we hope to have many community members from nearby and others
• It sounds like the Executive Order permitting virtual meetings will not be extended; we
do have some flexibility for extenuating circumstances but start thinking about
transitioning back to in -person meetings.
• Boardroom audio upgrades pieces are back ordered but we are hoping for mid -October.
Mr. DePaolo asked if references to "card member services" arc separated out or itemized
elsewhere than the voucher summary we receive, adding that he assumed the details are attached
to the vouchers that are available on meeting nights when we were in person, but since we are
not at the moment, is there another option?
Mr. Howe responded that we will be back to in -person next month,
11. Review of Correspondence None
12. Adjournment
Meeting was adjourned upon a motion by Mr. Howe, • by Mr. DePaolo at 6:06
unanimous.
9
Paulette Rosa, Town Cleirk
TB 2022-09-12 (Filed 11/21) Pg.10