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HomeMy WebLinkAboutTB Minutes 2026-05-11 MEETING OF THE ITHACA TOWN BOARD May 11, 2026 @ 5:30 p.m. Town Hall Boardroom 215 N Tioga St https://zoom.us/j/98910958241 YouTube Link (Members may attend by videoconferencing) AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments 3. Consider Approval of contract for legal services- PMV Legal Group 4. Consider award of contract – 2026 Townwide Pavement Markings 5. Consider approval and authorization to sign the Intermunicipal Wastewater Agreement 6. Consider Consent Agenda a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of the Bolton Point Abstract d) Approval of NYSLRS Work Day resolution e) Approval of revised Personnel Manual Policies f) Approval of the designation and sale of Surplus equipment – Low Boy trailer g) Proclamation designating May as Historic Preservation Month h) Approval of setting a public hearing regarding a local law amending Town of Ithaca Code, Chapter 135 i) Approval of Donation Opportunity to SPCA/TCAC on Dog License Renewal Forms 7. Reports of Town Officials 8. Review of Correspondence TB 2026-05-11 (Filed 5/18) Pg. 1 MEETING OF THE ITHACA TOWN BOARD May 11, 2026 @ 5:30 p.m. https://zoom.us/j/98910958241 YouTube Link (Members may attend by videoconferencing) MINUTES Present: Board Members Rod Howe, Supervisor; Eric Levine, Pamela Bleiwas, Rich DePaolo, Susie Gutenberger, David McCune and Diana Sinton Kelly Anderson, Director of Finance; Judy Drake, Director of Human Resources; Justin McNeal, Town Engineer; Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; Joe Slater, Director of Public Works and Mike Smith, Deputy Director of Planning 1. Call to order and Pledge of Allegiance 2. Persons to be Heard and Board Comments - None 3. Consider Approval of contract for legal services- PMV Legal Group Mr. Howe noted Ms. Brock’s 20+ years of service and reviewed the process that got us to this point. The resolution was moved and seconded for discussion. Mr. DePaolo noted the language in the agreement that essentially gave PMV the ability to end the agreement if the Town “refused to take their advice.” Mr. Howe responded that they had noticed that and discussed it during negotiations, and Ms. Brock had reviewed this agreement and did not call it out. They understand that they advise, and the Board weighs; their focus is making sure we understand any risks, and the Board weighs the business risk versus the legal risk, and it is our decision and they understand that. Discussion followed, and the Board was comfortable moving the resolution and agreement as stated. TB Resolution 2026 - 028: Appointment of PMV Legal Group, PLLC as an Attorney for the Town for general legal counsel Whereas Susan H Brock, a longtime Attorney for the Town, has announced her retirement as of July 1, 2026, and Whereas the Budget Committee, Personnel Committee and Management Team discussed the options for retaining new legal services, and TB 2026-05-11 (Filed 5/18) Pg. 2 Whereas a Request for Qualifications was published and the Town received 4 responses and held multiple interviews with 2 responding firms, now, therefore be it Resolved that the Town Board approves the Letter of Engagement with PMV Legal Group, PLLC as submitted on May 6, 2026. Moved: Eric Levine Seconded: Dave McCune Vote: ayes – Levine, McCune, Howe, DePaolo, Gutenberger and Sinton 4. Consider award of contract – 2026 Townwide Pavement Markings Mr. Slater explained that this project went out to bid twice with no bids received and this was received the next day and we have used Apex before. The Town does not have the proper equipment to do the centerline work and this is historically a very hard project to get bids because we are a bit to small or a bit too large. TB Resolution 2026-029: Authorization to award the 2026 Town Wide Pavement Markings Contract Whereas on April 13 and May 4, 2026, the Town of Ithaca Director of Public Works (Director) received bids for the 2026 Town Wide Pavement Markings contract which included supplying the materials, equipment, and labor for the installation of NYSDOT compliant pavement markings such as road striping, parking lines, ADA symbols, yield triangles, and other miscellaneous pavement markings throughout the Town of Ithaca; 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, construction and implementation of the pavement marking services is a Type II Action because the Action constitutes "Installation of Traffic Control Devices on Existing Streets, Roads and Highways," and thus the Project is not subject to review under SEQRA; and Whereas no bids were received at the time of either bid opening; and Whereas, a late bid was received on May 5, 2026 that was post parked for May 1, 2026 the Director reviewed the sole bid and qualifications received and has determined the bid in the amount of Sixty-Seven Thousand Five Hundred Sixty-One Dollars and Seventy-Two Cents ($67,561.72) made by Apex Striping Inc. 6500 New Venture Gear Dr. East Syracuse, NY 13057, is both responsive and responsible, now, therefore be it Resolved that the Town Board awards the contract and authorizes the Town Supervisor to execute such contract with Apex Striping Inc., subject to final approval of the contract documents by the Director, and be it further TB 2026-05-11 (Filed 5/18) Pg. 3 Resolved that the Director is authorized to approve change orders to such contract upon receipt of appropriate justification, provided the maximum amount of such change orders shall not in the aggregate exceed Six Thousand Seven Hundred Fifty-Seven Dollars and Zero Cents ($6,757.00), without prior authorization of this Board, and provided further that the total project cost, including contract, engineering, legal, inspection, and other expenses, does not exceed the maximum authorized cost of Seventy-Four Thousand Three Hundred Eighteen Dollars and Seventy-Two Cents ($74,318.72) for this project. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes – DePaolo, Howe, Levine, Gutenberger, McCune and Sinton 5. Consider approval and authorization to sign the Intermunicipal Wastewater Agreement Mr. Howe explained that this is a 10-year term, and only minor changes to the existing 2003 Agreement, removing old language regarding bonding and other outdated terms. Mr. DePaolo added that this creates a framework for outlying municipalities to work out individual agreements for use of the Village’s sewer treatment facility. Mr. McCune asked about the flowmeters mentioned in the Agreement. Mr. Slater explained the flow meter locations and the study we have going on to map the interceptors and study their capacity and where I&I is coming from. TB Resolution 2026 – 030: Approval and authorization to renew the Intermunicipal Wastewater Agreement – City of Ithaca, Village of Cayuga Heights, Village of Lansing, and the Towns of Lansing, Ithaca, and Dryden Whereas the 2003 Intermunicipal Wastewater Agreement by and between the Village of Cayuga Heights, Town of Dryden, City of Ithaca, Town of Ithaca, Town of Lansing, and Village of Lansing, expires May 16, 2026, and Whereas, the involved municipalities have made minor revisions to the existing Agreement and submitted said Agreement to their respective legislative entity for review and approval; now, therefore be it Resolved that the Town Board approves the revised Intermunicipal Wastewater Agreement as submitted and authorizes the Town Supervisor to sign said Agreement. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes – DePaolo, Howe, Levine, Gutenberger, Sinton and McCune TB 2026-05-11 (Filed 5/18) Pg. 4 6. Consider Consent Agenda TB Resolution 2026 - 031: Consent Agenda Resolved that the Town Board approves, accepts, or acknowledges the following Consent Agenda action: a) Approval of Town Board Minutes b) Approval of the Town of Ithaca Abstract c) Approval of the Bolton Point Abstract d) Approval of NYSLRS Work Day resolution e) Approval of revised Personnel Manual Policies f) Approval of the designation and sale of surplus equipment – Low Boy trailer g) Proclamation designating May as Historic Preservation Month h) Approval of setting a public hearing regarding a local law revising Town of Ithaca Code, Chapter 135 i) Approval of Donation Opportunity on Dog License Renewal Form for SPCA/TCAC Moved: Diana Sinton Seconded: Dave McCune Vote: ayes – Sinton, McCune, Howe, DePaolo, Gutenberger and Levine TB Resolution 2026 - 031a: Approval of Town Board minutes Resolved that the Town Board approves the draft minutes of the meeting on April 27, 2026, as final with any non-substantive changes made. TB Resolution 2026 - 031b: Town of Ithaca Abstracts Nos. 9 of FY-2026 Resolved that the Town Board authorizes the payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 2026 398 - 456 General Fund Town Wide 206,650.56 General Fund Part-Town 22,478.83 Highway Fund Town Wide DA 1,588.76 Highway Fund Part Town DB 31,717.61 Water Fund 9,002.59 Sewer Fund 1,041,019.20 Capital Projects 16,876.74 Fire Protection Fund 66,652.50 Trust and Agency .36 TOTAL 1,395,987.15 TB Resolution 2026 - 031c: Approval of Bolton Point Abstract TB 2026-05-11 (Filed 5/18) Pg. 5 Resolved that the governing Town Board approves and authorizes payments of the following audited vouchers in the amounts listed: Voucher Numbers: 155-197 Check Numbers: 21820-21862 Capital Impr/Repl Project $ 13,310.86 Operating Fund $ 122,953.67 TOTAL $ 136,264.53 TB Resolution 2026 - 031d: Approval of the Standard Work Day and Reporting Resolution for Elected and Appointed Officials Resolved that the Town of Ithaca hereby established the following standard work days for these titles an will report the officials to the New York State and Local Retirement based on their record of activities (posted NYSLRS Form filed and available from Human Resources) TB Resolution 2026 - 031e: Adoption of Revised Personnel Policies Whereas, the Employee Relations Committee and Personnel & Organization Committee have reviewed the revised personnel policies and recommend their approval, now, therefore, be it Resolved, that the Town Board approves the revised personnel policies listed below, effective immediately, to replace the current policies in the Personnel Manual. Revised Policies: Weather Related Time-Off Procedures- PWF- clarifying that hours given are to be paid out and can’t be banked or exchanged for compensatory time and that salaried staff get the day as straight time not at a time and one half calculation. Workplace Violence Prevention Policy- clarifying that certain positions are required to carry a weapon on Town property. TB Resolution 2026 – 031f: Designation and Sale of Surplus Items Whereas a Low Boy Trailer has become surplus/no longer needed by the Town and a properly posted and published Solicitation for Bids on the trailer was held, with no bids received, and Whereas the Town of Caroline Highway Department’s Highway Superintendent has offered $35,000 for the Trailer, payable when the Town of Ithaca receives its new Low Boy Trailer, and TB 2026-05-11 (Filed 5/18) Pg. 6 Whereas the Town of Ithaca’s Highway Superintendent and Staff have discussed the offer and determined that it is acceptable, given it is the same price offered by Tracy’s Road Equipment on a trade in, now therefore be it; Resolved, that the Town Board declares said Trailer to be surplus and no longer needed by the Town and authorizes its sale to the Town of Caroline Highway Department as described above. TB Resolution 2026 - 031g: Proclaiming May as Historic Preservation Month Whereas, the Town of Ithaca is proud of its rich history and heritage as reflected in its historic architecture and landscapes, including Town Hall; and Whereas, 2026 marks the 60th anniversary of the passage of the National Historic Preservation Act of 1966, establishing a national preservation program and a system of procedural protections, which encourage both the identification and protection of historic resources at the federal level and indirectly at the state and local level; and Whereas, on May 5, 1973, President Richard Nixon signed a Joint Congressional Resolution (Public Law 93-30) “designating the calendar week beginning May 6, 1973, as "National Historic Preservation Week”; and urging Federal, State, and local government agencies, as well as citizens and private organizations, especially the preservation organizations, historical societies, and related groups, to observe that week with educational efforts, ceremonies, and other appropriate activities which (a) are designed to call public attention to the urgent need to have our historic landmarks for the enjoyment and edification of the citizens of this Nation, present and future; and (b) will demonstrate lasting respect for this unique heritage”; and Whereas, in 2005 the National Trust for Historic Preservation (NTHP) designated the month of May as Preservation Month, for communities across the country to recognize the importance of their historic places, promote heritage tourism, and showcase the social and economic benefits of historic preservation; and Whereas, The Town of Ithaca’s 2014 Comprehensive Plan stated goal HR-1 is to preserve, enhance, and promote the Town’s historical resources; and Whereas, this month serves to promote the social, cultural, and educational value of the Town’s historic resources and to inspire current and future generations to care for and protect these irreplaceable assets; now, therefore be it Resolved that each year, the month of May is hereby designated as Historic Preservation Month in the Town of Ithaca in conjunction with the celebration of National Preservation Month. TB Resolution 2026 - 031h: Setting a public hearing regarding a proposed local law revising Chapter 135 of the Town of Ithaca Code TB 2026-05-11 (Filed 5/18) Pg. 7 Resolved that the Town Board sets a public hearing to be held on June 8, 2026, at their meeting which begins at 5:30 p.m. at Town Hall, 215 N Tioga St. to hear all interested persons regarding a proposed local law revising the Distributed Energy Resource(s) and Eligible Investors Definitions intown of Ithaca Code, Chapter 135, Community choice Aggregation (Energy) Program and Distributed Energy Resources Program TB Resolution 2026 - 031i: Voluntary Shelter Contributions on Dog License Renewals Whereas Chapter 59 of the Laws of 2010 as amended where further amended, effective December 2025, to require a line item on dog license renewals giving applicants the option of making a contribution in support of the pound or shelter managed or contracted by the municipality and deposit said funds in a dedicated fund to disperse annually to the applicable pound or shelter; and Whereas the Town contracts for these services with the Tompkins County Animal Control (TCAC) Division of the Society for the Prevention of Cruelty to Animals (SPCA); and Whereas the Town Clerk’s Office has initiated this requirement by listing the option to make donations to the SPCA on all dog licensing renewal processes and establishing the budget line item of A2705 to be added to the monthly reconciliation and payment to the Town Supervisor of monies taken in by the Town Clerk’s Office, now, therefore be it Resolved that the Town Board acknowledges the new legislation and approves the establishment of line item A2705 and the process and procedures made for implementing this law. 7. Reports of Town Officials Mr. Howe reported that Ms. Brock is closing out her files and noticed a pending lawsuit from 2006 with Time Warner Cable and the options are to transfer to PMV as counsel or close it, both might incur some costs. Mr. DePaolo added that they were not paying a certain fee, and around 2009 they have since done so. Any monies due would be frozen at that time, and the cost to move forward would be far more. The Board decided to find out what type of action would be needed to close it or transfer counsel. The Fisher Award tree planting will be on May 19th at 6pm at the Culver Preserve. There may be an additional 1.5 acres donated adjacent to the Pine Tree Wildlife Preserve. The annual Employee Picnic has been moved to June 26th at Tutelo as a combination Retirement and Employee Appreciation event. TB 2026-05-11 (Filed 5/18) Pg. 8 The parking garage next door will be closed until it can be redeveloped, which will include tearing it down. It will not be rebuilt as a stand-alone parking garage, but rather the City would like to sell it or the process will take quite a while, probably through an RFP process. Ms. Rosa noted that Bolton Point’s 2025 Water Quality report has been posted to our website. 8. Review of Correspondence – None The meeting was adjourned upon a motion and a second; unanimous. Submitted by Paulette Rosa, Town Clerk