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Home My WebLink AboutTB Minutes 2003-12-31 YEAR END MEETING OF THE ITHACA TOWN BOARD WEDNESDAY , DECEMBER 31 , 2003 at 10 : 00 a . m . 215 NORTH TIOGA STREET , ITHACA, NEW YORK AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . 10 : 05 a . m . Public Hearing in the Matter of Authorizing an Agreement for Cooperation in the Provision of Wastewater Treatment Capacity and Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant 4 . Statement of Findings regarding Ithaca Area Waste Water Collection Improvement Project 5 . Consider Approval of the Proposed Intermunicipal Wastewater Agreement and the Expansion of the IAWTF Service Area 6 . Consider Amendment of the Ithaca Area Wastewater Facility Budgets for 2002 and 2003 7 , Consider Approval of Ithaca Wastewater Facility 2004 Budget 8 . 10 : 15 a . m . — Public Hearing in the Matter of Authorizing an Amendment of the Joint Sewer Agreement Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant 9 . Consider Approval of the proposed Restated Joint Sewer Agreement 10 . 10 : 25 p . m . — Public Hearing in the Matter of Acquiring an Interest in Several City of Ithaca Sewer Interceptors and Certain City of Ithaca Pump Stations 11 . Consider Approval of proposed Joint Sewer Interceptor Agreement 12 , Consider Approval of Year- End Budget Modifications , Amendments , and Transfers 13 . Approval of Year-End Abstract 14 . Consider Resolutions of Appreciation 15 . Consider Appointment of Receiver of Taxes 16 . Consider Appointment of Town Clerk 17 . Consider Appointment of Superintendent of Highways 18 . Consider Appointment of Town Engineer 19 . Consider Appointment of Planning Board Chair 20 . Consider Appointment of Zoning Board of Appeals Chair 21 , Consider Appointment of Conservation Board Chair 22 . Consider Appointment of Planning Board Member 23 . Consider Appointment of Zoning Board Member 24 . Consider Appointment of Conservation Board Members 25 . Swearing in of Town Officials 26 . Consider Creation of Recreation and Human Services Committee 27 . Consider Changing Night Rate for Highway Department 28 . Consider Referring Proposed Inter-governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions to the Planning Board and Zoning Board of Appeals for Recommendation 29 . Consider Approval of Change Order regarding West Hill Water Tank 30 . Consider Adjournment Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 YEAR END MEETING OF THE ITHACA TOWN BOARD WEDNESDAY, DECEMBER 31 , 2003 AT 10 : 00 AM 215 NORTH TIOGA STREET, ITHACA, NEW YORK PRESENT : Catherine Valentino , Supervisor ; Mary Russell , Councilwoman ; Carolyn Grigorov , Councilwoman ; David Klein , Councilman ; Bill Lesser , Councilman ; Tom Niederkorn , Councilman ; Tee-Ann Hunter , Town Clerk ; John Barney , Attorney for the Town ; Dan Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter, Director of Planning ; Al Carvill , Budget Officer; Judy Drake , Human Resources Specialist . EXCUSED : Will Burbank , Councilman ; Andrew Frost , Director of Building/Zoning . OTHERS : Ted Bassani , Eagle Broadcasting ; Vanya Temnykh , Ithaca High School ; Herb Engman , 120 Warren Road ; Noel Desch , 132 Updike Road ; Fred Wilcox ; 600 Warren Road ; Don Hartill ; Mayor Village of Lansing ; Sandra Gittelman , 109 Tudor Road ; Susan Brock , Ithaca Area Wastewater Treatment Facility attorney ; Roger DuPuis , Ithaca Journal ; Nancy Schuler , Tompkins County Legislator CALL TO ORDER : Supervisor Valentino called the meeting to order at 10 : 00 a . m . She opened by thanking Town Staff for their help and hard work throughout the past year. Agenda Item No . 3 - 10 : 05 a . m . Public Hearing in the Matter of Authorizing an Agreement for Cooperation in the Provision of Wastewater Treatment Capacity and Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant (Attachment # 1 — Intermunicipal Wastewater Agreement) Supervisor Valentino opened the public hearing at 10 : 05 a . m . The Town Clerk had proof of posting and publication . There was no one wishing to address the Board and Supervisor Valentino closed the public hearing at 10 : 06 a . m . and brought the matter back to the board . Supervisor Valentino explained this agreement is the " umbrella agreement" . It opens the door and allows the municipalities to move forward and enlarge the wastewater treatment plant service area . Councilman Lesser commended Supervisor Valentino and Councilwoman Russell for their enormous efforts in bringing this very important agreement together. It is an enormous accomplishment for the Town , Supervisor Valentino , Councilwoman Russell and for everyone living in the Cayuga Lake Watershed . Thank you and congratulations . Agenda Item No. 4 - Statement of Findings regarding Ithaca Area Waste Water Collection Improvement Project (attachment #2 — Statement of Findings) The Statement of Findings and resolution approving the Findings was provided to the board in their packet . 1 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 TB RESOLUTION NO. 2003-201 : ADOPTION OF SEORA FINDINGS STATEMENT REGARDING THE ITHACA AREA MUNICIPAL WASTEWATER i COLLECTION IMPROVEMENT PROJECT WHEREAS: 1 . This action is the Consideration of Approval of the Statement of Findings for the Ithaca Area Municipal Wastewater Collection Improvement Project ("Project') . This Project involves the construction of new public sewer lines and pump stations in the Town of Lansing; the construction of a new sewer transmission main in the Town of Lansing and Villages of Lansing and Cayuga Heights; the construction of flow diversions to interconnect the service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant; and an Intermunicipal Wastewater Agreement that coordinates operations between these two Treatment Plants, expands their service areas, and makes their, service areas coterminous; and 2. Actions that are currently before the Town of Ithaca Town Board or are expected to come before the Town of Ithaca Town Board include: o approval of the Intermunicipal Wastewater Agreement; and approval of the construction of flow diversions to interconnect the two Treatment Plants ' service areas; and 3. These are Unlisted Actions for which the New York State Department of Environmental Conservation has been designated to act as Lead Agency in environmental review; and 4. The Town of Ithaca Town Board is an Involved Agency with regard to the approvals listed in paragraph 2 above; and 5. The New York State Department of Environmental Conservation, acting as Lead Agency in environmental review for the Project and pursuant to ;Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 has: 1) made a positive determination of environmental significance; and 2) overseen the preparation, completion and acceptance of a Draft Environmental Impact State m; ent and a Final Environmental Impact Statement; and 3) issued its own Findings Statement with regard to said Project; and 6. Pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, the Town of Ithaca Town Board is required to issue its own Findings Statement with regard to the Project; and 7. The Town of Ithaca Town Board, at a Public Hearing on December 31 , 2003, and at its regular year-end meeting on December 31 , 2003, has reviewed a draft Findings Statement, comments received from members of the public regarding the proposed 2 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Project and its potential impacts on the environment, and the Draft and Final Environmental Impact Statements. NOW, THEREFORE, BE IT RESOLVED. That the Town of Ithaca Town Board does hereby adopt the attached Findings Statement for the Final Environmental Impact Statement for the proposed Ithaca Area Municipal Wastewater Collection Improvement Project. MOVED: Councilwoman Russell SECONDED: Councilman Niederkorn VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No. 5 - Consider Approval of the Proposed Intermunicipal Wastewater Agreement and the Expansion of the IAWTF Service Area TB RESOLUTION NO. 2003-202: PUBLIC INTEREST ORDER: In the Matter of Authorizing an Agreement Among Several Municipalities for Cooperation in the Provision of Wastewater Treatment Capacity and Enlar_gin_g the Service Area of the Ithaca Area Wastewater Treatment Plant, All Pursuant to Article 12-C of the Town Law WHEREAS, on or about December 22, 1981 the Town Board of the Town of Ithaca entered into an agreement with the City of Ithaca and the Town of Dryden relating to the joint expansion and operation of the City's wastewater treatment plant (the "IAWTF"), which agreement has been amended from time to time thereafter (the original agreement and all amendments are collectively referred to herein as the "Joint Sewer Agreement'); and WHEREAS, it is now desired to expand the service area of the IAWTF to permit waste water from municipalities not party to the Joint Sewer Agreement to be treated at the facility; and WHEREAS, it is also desired to set forth certain agreed parameters relating to the cooperation among several municipalities so as to better provide wastewater treatment services for the greater Tompkins County community; and WHEREAS, a proposed agreement (the "Intermunicipal Wastewater Agreement') has been negotiated between the City of Ithaca, the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing relating to the expansion of the service area and other matters concerning the cooperative endeavors pertaining to wastewater disposal for consideration by all of the involved municipalities; and WHEREAS, a plan, report and map prepared by Stearns and Wheler, Professional Engineers, relating to the expansion of the service area and other matters contemplated by 3 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 the Intermunicipal Wastewater Agreement, has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, and has been filed in the office of the Town ; Clerk where it is available for public inspection; and, WHEREAS, the area of said Town determined to be benefitted by said Intermunicipal Wastewater Agreement consists of the entire area of said Town; and WHEREAS, at this time there are no significant costs to the Town as with the approval and execution of the Intermunicipal Wastewater Agreement; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on December 8, 2003, calling a public hearing for the purpose of considering the authorization of the execution of such Intermunicipal Wastewater Agreement and the expansion of the IAWTF service area authorized by such Agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the game; and WHEREAS, the proposed expansion of the service area and Execution of the Intermunicipal Wastewater Agreement were the subject of coordinated re ►l iew and a Final Environmental Impact Statement ("FEIS '); and WHEREAS, the Town Board has adopted findings based upon the FE IS; and WHEREAS, it is now desired to authorize the execution of the Intermunicipal Wastewater Agreement and the expansion of the service area; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Tawn Board of the Town of Ithaca as follows: Section 1 . It is hereby determined that it is in the public interest to expand the service area of the IAWTF to include all of the Town of Ithaca (including the northeast section of the Town and the Village of Cayuga Heights), the Village of Lansing, portion: of the Town of Lansing outside the Village of Lansing, and portions of the Town of Dryden. Section 2. The Town Supervisor and members of the Town Board are authorized to execute the Intermunicipal Wastewater Agreement on behalf of the Town and the Town - wide Sewer Benefitted Area with such changes therein, if any, that may be made prior to such execution . Such execution shall be conditional upon there being no petition filed seeking a referendum on this order or, if one is filed, upon the approval of this resolution by the electors of the Town of Ithaca residing outside the Village of Cayuga Heights. 4 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Section 3. The Town of Ithaca, subject to the approval of the electors of the Town of Ithaca if a referendum is requested, hereby authorizes an expansion of the service area of the IAWTF as set forth in Section 1 of this resolution, such action being authorized pursuant to Section 209-q of the Town Law. _Section 4 . At present there are not any costs associated with the expansion of the service area and execution of the Intermunicipal Wastewater Agreement authorized by this Public Interest Order. If, in the future, new capital projects are proposed, the authorization for same shall be in accordance with Town Law Section 209-q and/or any related laws as the same may be amended from time to time. Therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for the matters authorized by this Public Interest Order. Section 5. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 6. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. Section 7. The Town Clerk is hereby directed and ordered, pursuant to subdivision 6(d) of Section 209-q of the Town Law, to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, 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 expansion of service area . Section 8. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilperson Supervisor Valentino, and seconded by Councilperson Councilwoman Russell, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye, Councilperson Russell Voting aye, Councilperson Grigorov Voting aye, Councilperson Klein Voting aye, Councilperson Lesser Voting aye, Councilperson Niederkorn Voting aye. The resolution and public interest order was thereupon declared duly adopted. Supervisor Valentino thanked Attorney Barney and internal staff for helping with the agreements . Attorney Barney said it was a pleasure working with Supervisor Valentino and the Town . Supervisor Valentino and Councilwoman Russell did a great job with the negotiations . 5 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Agenda Item No. 15 - Consider Appointment of Receiver of Taxes TB RESOLUTION NO. 2003-203: Reappointment Receiver of Taxes. BE IT RESOLVED, Deborah Kelley is hereby re-appointed as Receiver of Taxes, for a term continuing to January 1 , 2005, at the annual salary of $ 51330. 25 MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwomen Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkon'J, aye. Carried Unanimously. Agenda Item No. 16 - Consider Appointment of Town Clerk TB RESOLUTION NO. 2003-204: Reappointment Town Clerk. BE IT RESOLVED, Tee-Ann Hunter is hereby re-appointed as Town C>lerk, for a term continuing until the 1St day of January next succeeding the next biennial Town election to wit, January 1 , 2006. MOVED: Supervisor Valentino SECONDED: Councilman Klein VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwomen Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorra, aye. Carried Unanimously. Agenda Item No . 17 — Consider Appointment of Highway Superintendent I TB RESOLUTION NO. 2003-205: Reappointment Hi_ghwaV Superintendent. BE IT RESOLVED, Fred Noteboom is hereby re -appointed as Highway Superintendent, for a term continuing until the 1 " day of January next succeeding the next biennial Town election to wit, January 1 , 2006. MOVED: Councilman Klein SECONDED: Councilman Niederkorn VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorr,7, aye. Carried Unanimously. 6 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Agenda Item No . 18 — Consider Appointment of Town Engineer TB RESOLUTION NO. 2003-206: Appointment of Town Engineer BE IT RESOLVED, that Daniel Walker, P. E. is hereby re-appointed as Town Engineer and Director of Engineering for a term continuing until the 1St day of January next succeeding the next biennial Town election to wit, January 1 , 2006. MOVED: Councilman Niederkorn SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 19 — Consider Appointment of Planning Board Chair The Board thanked Fred Wilcox for his outstanding work on behalf on the Town and the Planning Board and his willingness to serve as the Planning Board Chair . TB RESOLUTION NO. 2003-207: Appointment of Planninq Board Chair for the Year 2004 BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby appoints Fred T. Wilcox, III to serve as Chair of the Planning Board for the term January 1 , 2004 to December 31 , 2004 . MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 23 — Consider Appointment of Zoning Board Member TB RESOLUTION NO. 2003-208: Appointment of Zoning Board of Appeals Member BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Kirk Sigel to serve on the Zoning Board of Appeals for a term of office beginning January 1 , 2004 and ending December 31 , 2008, MOVED: Councilman Klein SECONDED: Councilwoman Russell 7 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwomen Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkom, aye. Carried Unanimously. Agenda Item No . 20 — Consider Appointment of Zoning Board of Appeals Chair Supervisor Valentino stated that Kirk Sigel has done an outstanding job for the Town . It is a great pleasure for the Board to reappoint him . TB RESOLUTION NO. 2003-209: Appointment of Zoninq Board of Appeals Chair for the Year 2004 BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby appoints Kirk Sigel to serve as Chair of the Zoning Board of Appeals for the term January 1 , 2004 to December 31 , 2004. MOVED: Councilwoman Grigorov SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwomen Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 21 — Consider Appointment of Conservation Board Chair TB RESOLUTION NO. 2003-210: Appointment of Conservation Board Chair for the Year 2004 BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby appoints Lenore Durkee to serve as Chair of the Conservation Board for the term January 1 , 2004 to December 31 , 2004. MOVED: Councilwoman Russell SECONDED: Councilman Klein VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwomen Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 22 — Consider Appointment of Planning Board Member TB RESOLUTION NO. 2003-211 : Appointment of Planning Board Memb6r 8 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 BE IT RESOLVED that the Town Board of the Town of Ithaca appoints Eva Hoffmann to serve on the Planning Board for the term of office beginning January 1 , 2004 through December 31 , 2010. MOVED: Supervisor Valentino SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 24 — Consider Appointment of Conservation Board Members TB RESOLUTION NO . 2003-212 : APPOINTMENT OF CONSERVATION BOARD MEMBERS BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individuals to the Conservation Board for terms beginning January 1 , 2004 and ending December 31 , 2005: Diane Conneman Larry Sallinger John A . Yntema Barney Unsworth MOVED: Councilman Lesser SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Councilman Lesser asked if the Conservation Board would be willing to exam the impact the heavy deer populations are having on the Ecology . It is him impression that the only things alive are things that deer do not eat . He felt it was important for the Town to explore the impacts . Supervisor Valentino asked Mr. Kanter to pass the request on to the Conservation Board . Agenda Item No . 8 - 10 : 15 a . m . — Public Hearing in the Matter of Authorizing an Amendment of the Joint Sewer Agreement Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant (Attachment #3 — Joint Sewer Agreement) Supervisor Valentino opened the public hearing at 10 : 15 a . m . The Town Clerk had proof of posting and publication . There was no one wishing to address the board and Supervisor Valentino closed the public hearing at 10 : 16 a . m . and brought the matter back to the board . 9 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Supervisor Valentino told the Board that there is still work to be done or) this agreement , cleaning up old language . If you read through it , you saw that some of this is obsolete . It really needs to go before the new governance , the Special Joint Committee ( SC ) , for them to work with Susan Brock to do the cleaning up of those parts . The important parts that we needed to put in place so that the other parts of this agreement can fit together and work were the changes in the governance , which the Town has been advocating for quite a long time . That was a good thing . How we deal with the financials is also an excellent change to the agreement . The one big change that helps the other parts of this flit together is the change in the service area that includes now all of the Town of Ithaca , including the Northeast and the Village of Cayuga Heights . Those parts of this are really important to make us able to move forward on the other components of things that we need to make come together in the future . It has been four years on this . I 've been working seven and half years to try to get some of these changes in place on this agreement . I would certainly like to see us move this forward . Agenda Item No . 9 - Consider Approval of the proposed Restat6d Joint Sewer Agreement TB RESOLUTION NO. 2003-213: PUBLIC INTEREST ORDER: In The Matter of Authorizinq an Amendment and Restatement of the Joint Sewer Agreemment Among the City of Ithaca and the Towns of Ithaca and Dryden Changing the Government Structure, Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant, and Makin_q Other Modifications to the Original Agreement, All Pursuant to Article 12-C of the Town Law WHEREAS, on or about December 22, 1981 the Town Board of the Town of Ithaca entered into an agreement with the City of Ithaca and the Town of Dryden relating to the joint expansion and operation of the City's wastewater treatment plant (the "IAWTF'), which agreement has been amended from time to time thereafter (the original agreement and all amendments that occurred prior to the date of this order are collectively referred to herein as the "Original Joint Sewer Agreement'); and WHEREAS, it is now desired to expand the service area of the IAWTF to permit waste water from municipalities not party to the Original Joint Sewer Agreement to' be treated at the facility; and WHEREAS, it is also desired to modify the structure by which the governance of the IAWTF occurs and to set forth a number of related provisions concerning budgeting, operation and maintenance and other administrative activities; and WHEREAS, a proposed amendment and restatement of the Original Joint Sewer Agreement (the "Restated Joint Sewer Agreement') has been negotiated between the City of Ithaca, and the Towns of Dryden and Ithaca relating to the expansion of 'the service area, changes in governance structure, and other matters concerning the maintenance and operation of the IAWTF; and WHEREAS, a plan, report and map prepared by Stearns and Wheler, Professional 10 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Engineers, relating to the expansion of the service area and other matters contemplated by the Restated Joint Sewer Agreement, has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County, New York, and has been filed in the office of the Town Clerk where it is available for public inspection; and, WHEREAS, the area of said Town determined to be benefitted by said Intermunicipal Wastewater Agreement consists of the entire area of said Town, and WHEREAS, at this time there are no significant costs to the Town associated with the approval and execution of the Restated Joint Sewer Agreement; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on December 8, 2003, calling a public hearing for the purpose of considering the authorization of the execution of such Restated Joint Sewer Agreement and the expansion of the IAWTF service area authorized by such Agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, the proposed expansion of the service area and execution of the Intermunicipal Wastewater Agreement were the subject of coordinated review pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca with the Common Council of the City of Ithaca acting as lead agency; and WHEREAS, on December 17, 2003, Common Council of the City of Ithaca, acting as lead agency, determined that the proposed expansion of the service area and the execution of the Restated Joint Sewer Agreement as proposed will not result in any significant environmental effects; and WHEREAS, the Town Board is not aware of any information that would alter such determination, and accordingly is bound by the "negative determination " as to environmental significance made by the City; and WHEREAS, it is now desired to authorize the execution of the Restated Joint Sewer Agreement and the expansion of the service area ; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town Board of the Town of Ithaca as follows: Section 1 . It is hereby determined that it is in the public interest to expand the service area of the IAWTF to include all of the Town of Ithaca (including the northeast 11 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 section of the Town and the Village of Cayuga Heights), the Village of Lansing, portions of the Town of Lansing outside the Village of Lansing, and portions of the Town of Dryden . Section 2. The Town Supervisor and members of the Town Board are authorized to execute the Restated Joint Sewer Agreement on behalf of the Town and the Town- wide Sewer Improvement Benefitted Area with such changes therein, if any, that may be made prior to such execution. Such execution shall be conditional upon there being no petition filed seeking a referendum on this order or, if one is filed, upon the approval of this resolution by the electors of the Town of Ithaca residing outside the Village of Cayuga Heights. Section 3. The Town of Ithaca, subject to the approval of such electors of the Town of Ithaca if a referendum is requested, hereby authorizes an Expansion of the service area of the IAWTF as set forth in Section 1 of this resolution, such action being authorized pursuant to Section 209-q of the Town Law, Section 4. At present there are not any costs associated with the expansion of the service area and execution of the Restated Joint Sewer Agreement authorized by this Public Interest Order. If, in the future, new capital projects are proposed, the authorization for same shall be in accordance with Town Law Section 209-q and/or any related laws as the same may be amended from time to time. Therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for the matters authorized by this Public Interest Order. Section 5. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 6. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. Section 7. The Town Clerk is hereby directed and ordered, pursuant to subdivision 6(d) of Section 209-q of the Town Law, to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, 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 expansion of service area . Section 8. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. 12 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilwoman Russell, and seconded by Supervisor Valentino, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye, Councilperson Russell Voting aye, Councilperson Grigorov Voting aye, Councilperson Klein Voting aye, Councilperson Lesser Voting aye, Councilperson Niederkorn Voting aye. The resolution and public interest order was thereupon declared duly adopted. Councilman Lesser — Does our system separate storm water from sewage ? What happens if there is a rainstorm ? Mr . Walker — We have a separate storm water sanitary sewer system . Councilman Lesser — Does the storm water run through the treatment plant ? Mr. Walker — No storm water goes through the treatment plant . Councilman Lesser — Is there any further information on the condition of the plant ? I know the consultant indicated that there may or may not need to be some repairs . Mr. Walker — We are proceeding with additional testing that the consultant has recommended . We anticipate a report early 2004 . Supervisor Valentino — The new SJC will be meeting early in January . This is our top priority at this point . We have told the consultant to go ahead and do more tests . Councilman Lesser — The agreement does refer to provision of services by several City Departments . Could you give me an idea of what kind of services they are providing ? I think the agreements are just fine . I ' m just not clear on what kind of service they might be doing . Mr . Walker — The sewer wastewater treatment plant staff are technically City employees . The engineering department at the City does provide assistance . The water and sewer division provides manpower and equipment . It also includes the Town staff , as we will be providing some assistance in designing things . Councilwoman Russell — The City is the fiscal agent for this . Supervisor Valentino — Part of the staff that has a lot of input in this is the Controller' s office . One of the things that we are doing going into the future is reviewing just exactly what services the City does provide and in what way and to see if we can 't make the overhead costs become more efficient . That is built in here to do those reviews over the next few years . Councilman Lesser — I understand that . I just did not understand the structure and the responsibility . 13 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Supervisor Valentino — In some cases , we don 't either. That is why we need to review it . Agenda Item No . 12 - Consider Approval of Year-End Budget, Modifications , Amendments , and Transfers Councilman Klein commented that the board budgeted very conservatively . The Town took in $860 , 000 more in revenues than anticipated . He asked if the Town was in a better position now than in August during budget preparations . Mr. Carvill responded the fund balance going into 2004 was the same as the last seven years . The fund balance has been very consistent since 1995 and has maintained a balance of $ 1 . 6 million . The board has budgeted conservatively , but has kept pace with the true economics locally and statewide . Councilman Klein wondered if the money from the sale of Town Hall at 126 E . Seneca Street would be used to reduce the debt incurred for the renovation of the Public Works Facility . Supervisor Valentino responded only a small portion would be used . The band rates are low and it makes sense to get a bond and keep the town hall money in reserve to pay it down . Agenda Item No. 10 - 10 : 25 p. m . — Public Hearing in the Matter of Acquiring an Interest in Several City of Ithaca Sewer Interceptors and Certain City of Ithaca Pump Stations (Attachment #4 — Joint Interceptor Agreement and Attachment #5 Environmental Assessment Form ) Supervisor Valentino opened the public hearing at 10 : 25 a . m . The Town Clerk had proof of posting and publication . Agenda Item No . 12 Cont' d TB RESOLUTION NO. 2003214: Year Ending December 31 , 2003 Budget Transfers, Amendments and Modifications WHEREAS, the Ithaca Town Supervisor and Town Budget Officer have reviewed all under and over expended actual revenue and expenditures for the budgeting period 111103 to 11130103, and WHEREAS, this review disclosed that certain budgeted revenues and expenditures require transfers, amendments or modification, and WHEREAS, detailed are those findings for this governing Board's review, discussion and approval, and therefore be it Town of Ithaca Budget Journal General Townwide Fund Account Description Amount 14 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 FROM (DEBIT) A1120 Sales Tax Revenue $ 311 , 006. 48 A 1090 Penalties on Property Tax Collections 21923, 61 A 1255 Town Clerk Fees 1 , 102. 80 A2544 Dog License Apportionment 2, 036. 81 A2660 Sale of Property 309, 077. 64 A2665 Sale of Equipment 5, 213. 00 A2680 Insurance Recoveries 21448. 00 A2701 Refund of Prior Year Expense 9, 752. 39 A2770 Other Unclassified Revenue 14, 844 . 60 A3005 Mortgage Tax 175, 982. 21 A3061 Records Management - Sara Grant 71215. 00 A3089 STAR Aid 976. 61 A3610 Justice Courts Asst. Program 200. 77 A50311H Transfers From Closed Capital Projects 18, 559. 30 Total Revenue Earned In Excess of Budget $ 861 , 339. 22 TO (CREDIT) A599 Unappropriated Fund Balance $ 531 , 083. 78 Total Excess Revenue Returned To Fund Balance $ 531 , 113. 78 A 1110. 200 Justices - Equipment $ 694 . 19 A 1110. 400 Justices - Contractual 17013. 83 A 1110. 405 Justices - Law Books 92. 73 A 1110. 410 Justices - Conferences & Mileage 31 . 85 A 1110. 420 Justices - Dues & Publications 381 . 40 A 1110. 482 Justices - NYS Fees, Fines & Collections 10, 164. 00 A 1220. 200 Supervisor - Equipment 1 , 888. 00 A 1220. 415 Supervisor - Telephone 363. 10 A 1316. 400 Accounting - Contractual 275. 95 A1316. 421 Accounting - Employee Education 641 . 00 A 1320. 400 Independent Auditors 3, 200. 00 A 1330. 400 Tax Collection - Contractual 146. 12 A 1340. 400 Budget - Contractual 153. 05 A 1410. 400 Town Clerk - Contractual 1 . 92 A 1410. 403 Town Clerk - Recording & Filing Fees 273. 00 A 1420. 400 Legal Services 18, 381 . 71 A 1430. 400 Human Resources- Contractual 197. 33 A 1430. 408 Human Resources- Postage 66. 61 A 1430. 410 Human Resources- Conference & Mileage 188. 53 A 1430. 420 Human Resources-Dues & Publications 290. 00 A 1430. 422 Human Resources - Employee Mediation Services 779. 20 15 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 A 1430. 430 Human Resources- Payroll Services 7. 11 A 1440. 400 Engineering - Contractual 2Y458, 13 A 1440. 404 Engineering - Vehicle Maintenance 292. 50 A 1440. 408 Engineering - Postage 319'. 91 A 1440. 450 Engineering - Gasoline 423. 69 A 1460. 110 Records Management- Grant Personnel 21297. 63 A 1460. 400 Records Management-Contractual 714. 42 A1460, 425 Records Management-Law Publications & Library 1 , 773. 90 A1460. 445 Records Management-Storage Supplies & Materials 16, 238. 77 A 1620. 200 Buildings & Grounds - Public Works 17 075'. 95 A 1620. 404 Buildings & Grounds-Security 48. 75 A 1620. 431 Buildings & Grounds-Elevator Maintenance 977. 49 A 1620. 44 Buildings & Grounds-Personal Protective Equipment 327. 77 A 1650. 415 Central Communications- Telephones 25. 15 A 1670. 403 Mailing & Printing-Copier Supplies 73. 03 A1670, 412 Mailing & Printing-Newsletter 2, 406. 26 A 1680. 200 Information Technology - Hardware 4, 835. 24 A 1680. 400 Information Technology-Contractual 95. 99 A 1680. 401 Information Technology-Maintenance & Repairs 308. 75 A 1680. 405 Information Technology-Xerox Copier DC230 190. 28 A 1680. 481 Information Technology- Web Services 187. 37 A 1680. 494 Information Technology- WLB Annual Support 150. 00 A 1680. 495 Information Technology-Network Support 233. 97 A3310. 400 Traffic & Transportation 35. 92 A3520. 400 County SPCA - Cat Control 21920. 10 A5132. 101 Highway Garage-Employees 34, 493. 63 A5132. 102 Highway Garage-Overtime 604 .21 A5132. 200 Highway Garage-Equipment 692. 57 A5132. 402 Highway Garage-Copier Paper 185. 00 A5132. 403 Highway Garage-Copier Supplies 655. 04 A5132. 404 Highway Garage-Office Supplies 181 .59 A5132. 406 Highway Garage-Xerox Copier DC430AS 21321 . 92 A5132. 408 Highway Garage-Postage 223. 43 A5132. 415 Highway Garage- Telephone 11684, 60 A7110, 101 Town Parks-Highway Employees 24, 543. 16 A7110. 440 Town Parks-Personal Protective Equipment 435. 69 A7550. 405 Celebrations- Greetings & Memorials 226.00 A7710. 256 Land Acquisition-Ferguson PDR 71 , 000. 00 A7710, 257 Land Acquisition-Pew Bike Trail 4, 712. 00 A8989. 407 Hazardous Mitigation Plan 9, 994. 00 A9010. 800 NYS Retirement System 94, 630, 00 A9040. 800 Workers Compensation 67031 , 00 Total Over Expended Appropriations $ 3301255. 44 General Part Town Fund 16 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 FROM (DEBIT) B2110 Zoning Fees $ 11 , 356. 21 B2115 Planning Fees 202. 00 B2680 Insurance Recoveries 306. 00 B2701 Refund of Prior Year Expenses 21120. 87 B3001 State Aid Per Capita 2, 096. 00 Total Revenue Earned In Excess of Budget $ 16, 081 . 08 B599 Unappropriated Fund Balance $ 11 , 478. 30 Total Additional Funds Budgeted From Fund Balance $ 11 , 478130 TO (CREDIT) B1460, 425 Law Publications & Library $ 144 . 20 B 1670. 403 Copier Supplies 73. 00 B 1680. 405 Xerox Copier DC230 190. 27 B8010. 408 Zoning - Postage 765. 57 B8010. 415 Zoning - Telephone 80. 97 B8010. 420 Zoning - Dues & Publications 54 . 85 B8010. 450 Zoning - Gasoline 10. 08 B8020. 415 Planning - Telephone 420. 44 B9010. 800 NYS Retirement System 25, 220. 00 B9040. 800 Workers Compensation 600. 00 Total Over Expended Appropriations $ 27, 559. 38 General Part Town HighwaV Fund FROM (DEBIT) DB2301 Services Other $ 71099, 96 DB2680 Insurance Recoveries 11297. 09 DB2701 Refund of Prior Year Expenses 91791 . 72 DB3501 CHIPS 10, 105. 25 DB5031 1H Transfers From Closed Capital Projects 37, 635. 20 Total Revenue Earned In Excess of Budget $ 657929. 22 DB599 Unappropriated Fund Balance $ 232, 761 . 07 Total Additional Funds From Fund Balance $ 232, 761 . 07 17 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 TO (CREDIT) DB1680. 493 Software - Highway Helper $ 136. 20 DB5110. 450 General Repairs - Gas, Oil, & Diesel Fuel 4, 600. 20 DB5112. 450 General Repairs - Gas, Oil, & Diesel Fuel 355. 37 DB5112. 504 Road Project — Marcy Court Paving 31796, 10 DB5112. 505 Road Project — Forest Home Dr. Paving 18, 759. 95 DB5112. 506 Road Project — Chase Lane Paving 34, 146. 77 DB5112. 507 Road Project — Dove Dr. Paving 66, 003. 90 DB5112. 508 Road Project — Compton Rd. Paving 38, 240. 26 DB5130. 102 Machinery — Overtime Wages 486. 78 DB5130. 461 Machinery — Tools & Supplies 4y699. 42 DB5140. 100 Brush & Weed — Regular Salary & Wages 91996. 64 DB5140. 102 Brush & Weed — Overtime Wages 961 . 18 DB5140. 450 Brush & Weed — Cleaning Services 2, 152. 98 DB5142. 450 Snow Removal — Gas, Oil & Diesel Fuel 674. 91 DB9010. 800 NYS Retirement System 105, 351 . 00 DB9040. 800 Workers Compensation 8, 240. 00 DB9056. 800 Disability Insurance — Long- Term 88. 63 Total Over Expended Appropriations $ 298, 690. 29 Water Fund FROM (DEBIT) F1032 Water Benefit Assessments $ .21103. 66 F2142 Metered Water Sales 76, 962. 04 F2144 Water Service Charges 8, 611 . 35 F2148 Penalties On Late Paid Billings 11 , 158. 10 F2701 Refund of Prior Year Expenses 83, 900. 81 F503 11H Transfers From Closed Capital Projects 19, 571 . 12 Total Revenues Earned in Excess of Budget $ 20z"?1307. 08 TO (CREDIT) F1420. 400 Legal Services $ 9, 414. 05 F1460. 425 Law Publications & Library 144 . 20 F1670. 403 Copier Supplies 76. 67 F1680. 201 Information Technology — Computer Hardware 11671 . 49 F1680. 402 Information Technology — Xerox Copier DC470 3. 26 F1680. 404 Information Technology — 2515 Lg Document Copier 324. 72 18 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 F1680. 405 Information Technology — Xerox Copier DC230 190. 27 F1910. 400 Liability Insurance 4, 663. 44 F8310. 401 Legal Ads 207. 81 F8310. 410 Utilities 158. 94 F8340. 102 Transmission- Overtime Wages 5, 932. 43 F8340. 200 Transmission - Equipment 8, 159. 38 F8340. 410 Transmission -Electric 41602, 01 F8340. 486 Transmission - Water Tank(s) Pump Station 27315. 91 F8350. 472 Water Supply — SCLIWC 57, 960. 40 F9010. 800 NYS Retirement System 1 , 660. 00 F9056. 800 Disability Insurance- Long- Term 1 . 31 F9060. 800 Group Health Insurance 713. 82 Total Over Expended Appropriations $ 98, 200. 11 F599 Unappropriated Fund Balance $ 104, 106. 97 Total Excess Returned To Fund Balance $ 104, 106. 97 Sewer Fund FROM (DEBIT) G 1030 Sewer Benefit Assessments $ 31009, 50 G2128 Penalties on Late Paid Billings 8, 962. 15 G2214 Sewer Connection/West Hill Fire Station 191 . 00 G2701 Refund of Prior Year Expenses 13, 629. 31 Total Revenues Earned In Excess Of Budget $ 25, 791 - 96 G599 Unappropriated Fund Balance $ 7, 903. 83 Total Additional Funds From Fund Balance $ 71903. 83 TO (CREDIT) G 1320. 400 Independent Auditors $ 325. 00 G 1420. 400 Legal Services 2, 420. 59 G 1420. 401 Legal Services 5, 709. 44 G 1460. 425 Law Publications & Library 144 . 20 G1670. 403 Copier Supplies 76. 66 G 1670. 408 Postage 22. 00 G 1680. 201 Information Technology-Hardware 384. 82 G 1680. 404 Information Technology-2515 Lg Document Copier 324. 72 G 1680. 405 Information Technology-Xerox Copier DC230 190. 29 19 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 G8110. 408 Administration -Postage 1 . 11 G8110. 410 Utilities 58. 90 G8120. 102 Sanitary Sewers- Overtime Wages 1 , 865'. 98 G8120. 200 Sanitary Sewers-Equipment 8, 159. 36 G8120. 400 Sanitary Sewers-Contractual 32. 93 G8120. 404 Sanitary Sewers- Vehicle Maintenance 54747 G8120. 440 Sanitary Sewers-Personal Protective Equipment 528. 33 G8120. 450 Sanitary Sewers- Gasoline 432.62 G8120. 482 Sanitary Sewers- Village of Cayuga Heights 10, 180. 50 G9010. 800 NYS Retirement System 11660100 G9040. 800 Workers Compensation 306. 00 G9056. 800 Disability Insurance — Long- Term 1 . 31 G9060. 800 Group Health Insurance 713. 82 Total Over Expended Appropriations $ 33, 890. 92 Risk Retention Fund FROM (DEBIT) R2401 Interest Earnings $ 641 . 02 R2701 Refund of Prior Year Expenses 228. 00 Total Revenues Earned In Excess of Fund Balance $ 869. 02 84510. 4510. 400 Hospital & Medical Bills $ 350. 67 Total Unexpended Appropriation $ 350. 67 TO (CREDIT) R4510. 456 Claims & Repairs $ 11219. 69 Total Over Expended Appropriation $ 1 , 219. 69 RESOLVED, that this governing Board approves, directs and authorizes the Ithaca Town Supervisor and Town Budget Officer to record these and any other necessary and appropriate budget transfers, amendments and modifications to the 2003 as part of the final review and closing of the budget, accounting and financial records for all operating, special revenue and assessment funds including fiduciary funds of the Town of Ithaca . MOVED: Supervisor Valentino SECONDED: Councilwoman Russell 20 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously Agenda Item No . 10 Cont ' d Supervisor Valentino closed the public hearing at 10 : 28 a . m . with no members of the public wishing to speak and brought the matter back to the board . Supervisor Valentino — This is a very important document for the Town of Ithaca . If you folks recall , we had an agreement that went back to 1992 where the Town of Ithaca pays 17 percent of the total sewer interceptor budget of the City . It was supposed to be a temporary agreement that was supposed to be finished in two years . It has carried on for a long time with discussions back and forth on what should really happen with the interceptors . What this agreement does , essentially , for the Town of Ithaca is it finally connects our interceptors with ownership of the capacity in the City interceptors to the City Plant . This agreement is where Dan and his department put in a lot of work separating out which interceptors the Town of Ithaca actually uses and the capacity that we want to own in those . Some of the other interceptors , if you 've read this , over time we have ownership up now and we did not pay anything to the City for those interceptors . We will be giving those back to the City as some of these new interceptors get built that the Town will no longer have a need to use . This agreement , I think , also helps in a positive way for the City and the Town to work out our problems . Now the Town will be paying specifically for O& M instead of just paying a blanket amount all the time . I think giving us the ownership of this capacity is a very big plus for the Town of Ithaca . So I would urge us to approve this agreement . Are there questions about this? It is still complicated if you first look at it . After you 've talked it through a few times is begins to get a little easier to comprehend . It will take a while . We will still be paying the City under the old 1992 agreement for one more year . It really gives us a year to work out any glitches that might be in that agreement so that we can start 2005 with being able to pay our share of those . I think it is a really good agreement . It is something that cleans up a lot of past disagreements between the City and the Town . Supervisor Valentino signed the environmental assessment form making a negative declaration of environmental significance for the project . Agenda Item No. 11 — Consider Approval of Proposed Joint Sewer Interceptor Agreement TB RESOLUTION NO. 2003=215: PUBLIC INTEREST ORDER: In the Matter of Acquiring an Interest in Several CitV of Ithaca Sewer Interceptors and CitV of Ithaca Pump Stations for Transmission of Town Waste Water from the Town to the Ithaca Area Waste Water Treatment Plant Which Acquisition is to be Known as the 2003 Joint Sewer Interceptor Acquisition Project for the Town of Ithaca, Tompkins County, New York Pursuant to Article 12-C of the Town Law 21 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 WHEREAS, a plan, report, map, and supplement have been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the acquisition of an interest in several City of Ithaca sewer interceptor lines and pump stations and related facilities pursuant to Article 12- C of the Town Law to be known and identified as the 2003 Joint Sewer Interceptor Acquisition Project, and hereinafter also referred to as "Improvement " or "Project'; to provide sewer capacity for transmitting waste water from the Town of Ithaca town line through the City of Ithaca to the present Ithaca Area Waste Water Treatment Plant (the "IAWWTP') in the City of Ithaca managed jointly with the Town of Ithaca and the Town of Dryden, such sewer system capacity and interest to be purchased from the City and owned by the Town of Ithaca, and WHEREAS, said plan, report and map have been prepared by Sterris and Wheler as supplemented by Daniel Walker, the Town 's Director of Engineering, all competent engineers duly licensed by the State of New York and which plan, report, map and supplements have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the area of said Town determined to be benefitted by said 2003 Joint Sewer Interceptor Acquisition Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed 2003 Joint Sewer Interceptor Acquisition Project consists of the sewer improvements set forth below, as more particularly shown and i'Jescribed in said map, plan, report, and supplement presently on file in the Office of the Town Clerk: Acquisition of a 41 . 57% ownership interest and related 41 . 57% of the capacity of a number of sewer interceptors located in the City of Ithaca through which waste water from the Town is carried to the IAWWTP, acquisition of a permanent 41 . 57% ownership interest and related 41 . 57% of the capacity of several pump stations located in the City of Ithaca which provide pumping facilities for the transmission of waste water from the Town to the IAWWTP, acquisition of a temporary 17% ownership interest and related 17% of the capacity of several other pump stations located in the City of Ithaca, and acquisition of a temporary right to use 10 % of the capacity of the Giles Street Pump Station located in the City of Ithaca, together with comparable ownership interests in the associated controls, piping, and', other structures; and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 661 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of paying the purchase price from current revenues and existing surplus funds from the Town of Ithaca Sewer System Benefitted Area Fund; and WHEREAS, the implementation of this project will be through an agreement with the City of Ithaca for the purchase, maintenance, operation, repair, replacement, and addition to said interceptors and pump stations and related controls, piping, and other structures (the "Joint Interceptor Agreement'); and 22 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on December 8, 2003, calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing sewer improvements to be known as the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement, such public hearing having been scheduled for the 31st day of December, 2003, at 10:25 o 'clock a . m. , Prevailing Time, at the Town Hall, 215 North Tioga Street, in the City of Ithaca, Tompkins County, New York, at which time and place all persons interested in the subject thereof could be heard concerning the same; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, the Town Board has reviewed a Short Environmental Assessment Form ("SEAF") prepared by the Town of Ithaca Director of Engineering dated December 23, 2003, pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the related laws and regulations of the Town of Ithaca (all collectively referred to as "SEQR'), which SEAF recommends the Town Board determine that the proposed Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement, will not result in any significant environmental effects; and WHEREAS, it is now desired to consider such SEQR recommendation and, if the Town Board finds that no significant adverse environmental effects will result from such proposed acquisition, authorize the improvement to be known as the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1 . After review of the SEAF and the materials contained therein, the Town Board hereby determines that the proposed Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project and the execution of any related agreement, is an "Unlisted Action " under SEQR, the implementation of which as proposed will not result in any significant environmental effects. Section 2. It is hereby determined that it is in the public interest to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. 23 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Section 3. The proposed improvement shall consist of acquisition of a 41 . 57% ownership interest and related 41 . 57% of the capacity of a nuImber of sewer interceptors located in the City of Ithaca through which waste water from the Town is carried to the IAWWTP, acquisition of a permanent 41 . 57% ownership interest and related 41 . 57% of the capacity of several pump stations located in the City of Ithaca which provide pumping facilities for the transmission of waste water from the Town to the IAWWTP, acquisition of a temporary 17% ownership interest and related 17% of the capacity of several other pump stations located in the City of Ithaca, and acquisition of a temporary right to use 10 % of the capacity of the Giles Street Pump Station located in the City of Ithaca, together with comparable ownership interests in the associated controls, piping, and other structures. Section 4 . The Town of Ithaca, subject to the approval of the voter's of the Town of Ithaca if a referendum is requested, hereby authorizes the expenditure of up to $661 , 000. 00 for the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project and the payment of all costs incident thereto, including engineering fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project. " Section 5. The proposed method of financing to be employed by said Town of Ithaca consists of paying the purchase price from current revenues and existing surplus funds from the Town of Ithaca Sewer System Benefitted Area Fund. Section 6. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 110th of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 7. The Town Supervisor and members of the Town Board care authorized to execute the Joint Interceptor Agreement on behalf of the Town and the Town - wide Sewer Improvement Benefitted Area with such changes therein, if any, that may be made prior to such execution. Such execution shall be conditional upon there being no petition filed seeking a referendum on this order or, if one is filed, upon the approval of this order by the electors of the Town of Ithaca residing outside the Village of Cayuga Heights. Section 8. 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 within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, 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. Section 9. Within 10 days after the adoption of this order by the iTown Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this order and contain an abstract of 24 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 this order, concisely stating the purpose and effect thereof. Such notice shall specify that such order was adopted subject to a permissive referendum. Section 10. This order shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 11 . This resolution and order is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. The question of adoption of the foregoing public interest order was, upon motion made by Supervisor Valentino and seconded by Councilwoman Russell, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye, Councilperson Russell Voting aye, Councilperson Grigorov Voting aye, Councilperson Klein Voting aye, Councilperson Lesser Voting aye, Councilperson Niederkorn Voting aye. The resolution was thereupon declared duly adopted. Agenda Item No . 6 — Consider Amendment of the Ithaca Area Wastewater Facility Budgets for 2002 and 2003 (Attachment #6 — Ithaca Area Wastewater Facility Budgets 2002 and 2003)) Supervisor Valentino stated she and Councilwoman Russell have kept the Town Board up to speed regarding the finances of the Sewer Plant and the need to draw down the excessively high fund balances . The Town did not approve the 2002/2003 budget because of the need to draw down these fund balances . The budget before the board is something the Towns of Dryden and Ithaca and the City worked through to make amendments to the 2-year budgets so they consistently draw down the excessive fund balance for the three partners . The Town has agreed to pay one more quarter. The three partners now pay the same share into the joint fund . Each partner is withholding some payments to draw down the fund . The Town of Dryden saved $ 16 , 144 ; the Town of Ithaca saved $293 , 012 ; the City saved $ 552 , 702 . The account was drawn down $ 861 , 858 over two years . The payment is in compliance with the agreement , which requires excess fund balance to be budgeted into the next year' s budget . TB RESOLUTION NO. 2003-216: APPROVAL OF AMENDMENT OF THE ITHACA AREA WASTEWATER FACILITY 2002 AND 2003 BUDGETS BE IT RESOLVED, that the Town Board of the Town of Ithaca approves the amendment of the Ithaca Area Wastewater Facility 2002 and 2003 budgets as presented. MOVED: Supervisor Valentino SECONDED: Councilwoman Russell 25 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously, Agenda Item No. 7 — Consider Approval of Ithaca Wastewater Facility 2004 Budget (Attachment #7 — 2004 Budget) Supervisor Valentino told the Board the partners have worked to clear up the past overhead charges . Some staff that had been partially charged to the sewer plant and partially charged to the water plant are now being charged as either all sewer or all water. 'This budget does not use any excess fund balance because it has been drawn down . TB RESOLUTION NO. 2003-2i7: Approval of Ithaca Area Wastewater Treatment Facility 2004 Budget BE IT RESOLVED that the Town Board of the Town of Ithaca apfDroves the Ithaca Area Wastewater Treatment Facility 2004 Budget as presented. MOVED: Supervisor Valentino SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Supervisor Valentino told the Board she had received several phone calls after the December 71 2003 City meeting from the media and from some of our constituents asking what was going on . It seemed as if the Town of Ithaca was somehow in arrear;I on some of its payments to the City and SJS . They were working off a spreadsheet thatidid not have the background information with it . The bottom line is that the Town of Ithaca is not in arrears in any of its payments to the City or to the SJS and it was not at the time of the; meeting . The Town passed a resolution about 1 . 5 years ago authorizing up to $ 1500 for testing the concrete at the Cayuga Heights Plant . Supervisor Valentino never received a bill from the City for that amount until the last week in December 2003 . The bill is outstanding until the Town receives the report . Supervisor Valentino worked with Jerry Hook( from Stearns & Wheler to determine which municipality needed to be billed for what . Thel City and Dryden have sent the Town money for the unified engineering report . The Towns share is in the fund Supervisor Valentino collected and is in the December 31 , 2003 invoices to be turned over to the City . The collection bill was just received from the City of Ithaca with the backup documentation . It is in the vouchers for December 31 , 2003 . The Town has to wait to pay the money related to the interceptors until the agreement is closed and the permissive referendum is up . The money cannot be paid to the City until the legal commitment has been mad (a . The payments for the EIS have been sent in and the Village of Cayuga Heights will bI e providing their 26 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 payment to the Town by year- end . There was never an agreement on paying the $28 , 500 or drawing down the money . She did not bill the three partners for the money pending having a meeting and reaching an agreement . She did not feel it was appropriate for her to arbitrarily bill people without the agreement in place . What happened in the meantime is that the City has said they would not sign the agreements today unless the $28 , 500 is paid . Supervisor Valentino does not have the authority to pay it without a resolution being passed by the Town Board . The Town of Dryden agreed to pay the $28 , 500 yesterday . There is a resolution before the Board authorizing that payment . Supervisor Valentino says she is reluctantly making the payment in this way . She feels there is a principle involved with being forced to make such a payment with an important sewer agreement to be done by everyone . It was not worked through as a partnership agreement as partners should do . She would not want to the Town of Ithaca to be the one holding up this important agreement . On the other hand she wants to make it clear that matter was not handled , as it should have been between the partners . TB RESOLUTION NO. 2003-218: Authorizing the Town to Pay the Special Joint Sewer Fund for One-Sixth of the Cost of the Environmental Impact Statement on the Intermunicipal Wastewater Agreement and Related Agreements WHEREAS, the Town of Ithaca authorized the participation by the Town in the costs of drafting an environmental impact statement ("EIS ') in connection with the possible execution of an Intermunicipal Wastewater Agreement; and WHEREAS, the Town believed that the Town 's share of the costs of such EIS were to be paid out of the Joint Activity Fund held by the City of Ithaca related to the capital expenses of the sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for the Town - wide sewer improvement; and WHEREAS, the City of Ithaca contends that it was agreed that all six municipalities would share equally in the cost of such EIS; and WHEREAS, the bills for such EIS, totaling approximately $ 171 , 300 have been already paid by funds taken from such Joint Activity Fund; and WHEREAS, the City, even though it has not paid its ostensible $28, 500 share of $ 171 , 300 to the Joint Activity Fund, has demanded that as a condition to the City signing certain other agreements pertaining to various joint wastewater transmission and treatment matters that the Town pay back to the Joint Activity Fund $28, 500 even though the Town does not believe there was ever an agreement to share these costs equally; WHEREAS, the Town reluctantly will make the payment so as not to jeopardize the execution of such other agreements, provided the City also pays $28, 500 into the Joint Activity Fund; NOW, THEREFORE, be it 27 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 RESOLVED, that the Supervisor of the Town is authorized to pay $8, 500 out of the Towns Townwide Sewer Benefited Area Fund to the City of Ithaca solely for deposit in the Joint Activity Fund held by the City for expenses related to the Ithaca Area Wastewater Treatment Facility but only if, as, and when the City of Ithaca makes a similar payment into such Joint Activity Fund and proof of such payment satisfactory to the Town Supervisor has been provided to her; and be it further RESOL VED, that, the Town Supervisor, the Town Engineer, and any other Town officer or employee are authorized and requested to execute such documents and take such further steps as may be necessary or desirable to effectuate the intention of the foregoing resolution. MOVED: Supervisor Valentino SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Aqenda Item No . 26 — Consider Creation of Recreation and Human Services Committee Supervisor Valentino recommended Councilman Burbank , Councilwoman Gittelman , herself and the Recreation Director would make up the committee with Mr. Carvill an' d Mrs . Drake as staff support . TB RESOLUTION NO. 2003=219: Approval of Creation of Recreation and Human Services Committee WHEREAS, the Town Board has discussed the need to create ! a committee to evaluate the Town 's contributions to the different recreation and human services organizations in Ithaca and Tompkins County; and WHEREAS, the Town Board determined the need to develop youth, j adult and senior programs for Town residents, and, therefore, created the position of Recreation and Youth Coordinator; and WHEREAS, the Recreation and Human Services Committee 's purpose will be to make recommendations to the Town Board regarding what services to fund and to work with the Recreation and Youth Coordinator to assess the needs of the community, assess the facilities available for use by the Town, and make recommendations on programs for the residents; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby create the Recreation and Human Services Committee to serve at the pleasure of the Town Board.; MOVED: Councilwoman Grigorov 28 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No. 27 — Consider Changing Night Rate for Highway Department This is a recommendation from the Personnel Committee . The change would increase the night rate from $0 . 60 to $ 1 . 00 . TB RESOLUTION NO, 2003-220: Approval of Change in Night Shift Rate. WHEREAS, the Highway Department staff requested a review of the night shift rate, which has been $0. 60 per hour since December 1998; and WHEREAS, Personnel Committee reviewed the rate of other municipalities and Bolton Point and has made the recommendation of increasing the rate $0. 40 to $ 1 . 00 per hour; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the recommendation of the Personnel Committee to change the night shift rate for the Highway Department to $ 1 . 00 per hour effective January 1 , 2004; and be it further RESOLVED, the Human Resources Manager is to update the Personnel Manual to reflect this change. MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No. 28 - Consider Referring Proposed Inter-governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions to the Planning Board and Zoning Board of Appeals for Recommendation (Attachment #8 — 11 /14/03 letter from Edward Marx , Tompkins County Planning Department) TB RESOLUTION NO. 2003-221 : Referring Proposed Inter-_governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions to the Planning Board and Zoning Board of Appeals for Recommendation BE IT RESOLVED, that the Town of Ithaca Town Board hereby refers the proposed Inter- governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions to the Planning Board and Zoning Board of Appeals for Recommendation . 29 i Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 MOVED: Councilman Niederkorn SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkoml aye. Carried Unanimously. Agenda Item No . 29 - Consider Approval of Change Orders regarding West Hill Water Tank (Attachment #9 — Change Order) Change Order No . 2 : During the review process with EcoVillage , the tank sine was designed to have a mound of earth a distance away from the tank to block the view . EcoVillage decided it would be better to put the earth up against the tank . It is a change in site work because the project had gone to bid . Change Order No . 3 : The Town agreed to extra work at the EcoVillage farm because of interference with their normal operations so a meter pit will be installed at the farm building . There was more damage done to the road than expected . The road was reinforced at the highway entrance with a short section of asphalt pavement . The total contract price is now $760 , 000 , which is still under the amount set aside for the project . TB - RESOLUTION NO. 2003-222: Approval of Change Orders 2 & 3 to Contract for Construction of the West Hill Water Tank WHEREAS, the Town of Ithaca has entered into a contract with Natgun ! Corporation for construction of the West Hill Water Tank, and WHEREAS, the tank site grading plan was modified from the original contract documents after the award of contract as a result of input from Eco- Village and development of the modified SP- 1 grading plan, and WHEREAS, the modified grading plan requires additional work for movement of fill and additional tank back fill, and WHEREAS, the Contractor has provided a lump sum price of $4, 246. 00 Ito complete this additional work, and WHEREAS, the Town Engineer has reviewed this proposal and determined) that this is a fair proposal for Change Order 2 for this contract, and WHEREAS, the Town Engineer has directed the Contractor to install additional water service pipe, a meter pit and yard hydrant at the West Hill Farm, and 30 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 WHEREAS, the Contractor has provided a price to complete this work of $ 1 , 573. 00, which is a reasonable cost, and WHEREAS, the Town Engineer has determined that additional pavement at the entrance to Rachael Carson Way is necessary to maintain the stability of the roadway, and WHEREAS, the Contractor has provided a price to complete this work of $ 13, 013. 00, which is a reasonable cost, and WHEREAS, the Town Engineer has recommended these changes to the Contract as Change Order 3 for a cost of $ 14, 586, 00, and WHEREAS, the total increase in the contract cost of $4, 246. 00 for Change Order 2 and the increase in the contract cost of $ 14, 586. 00 for Change Order 3 will not exceed the project budget. NOW THEREFORE BE IT RESOLVED, The Town of Ithaca Town Board approves this contract Change Orders and authorizes the Town Supervisor to sign Change Orders 2 and 3. MOVED: Councilwoman Russell SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Agenda Item No. 14 — Consider Resolutions of Appreciation Supervisor Valentino thanked the departing Board members for their service and brought to the floor resolutions of appreciation recognizing their contributions to the community . TB RESOLUTION NO 2003-223: Recognition of David Klein 's Years of Service to the Community WHEREAS, David Klein began his service with the Town of Ithaca on January 1 , 1981 with his appointment to the Planning Board, serving with distinction through 1988; and WHEREAS, David Klein was appointed to the Town Board on December 12, 1988 to serve out the remaining three years of a vacated position, and was then elected to the Town Board effective January 1 , 1992, and has served the Town of Ithaca most admirably for three consecutives terms thereafter; and WHERAS, David Klein served as Chair of the Comprehensive Planning Committee from 1990 through 1993; and 31 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 WHEREAS, David Klein in his role as Councilman has provided leadershi" as chair of the Public Works Committee, chair of the Codes and Ordinances Committee, and Chair of the Benefit Assessment Committee; and WHEREAS, among his many contributions, Mr. Klein has notably devoted his valuable time and architectural expertise to the renovations of the new Town Hall and the reconstruction of the Public Works Facility, and oversaw the arduous tasks of first preparing the Town 's Comprehensive Plan, and then, revising the Town 's Zoning Ordinance; and WHEREAS, the Town of Ithaca has greatly benefited from Mr. Klein 's thoughtful consideration, his intelligence, time and energy, and his desire to serve our community in order to make it a better place to live; and WHEREAS, the Town of Ithaca is indebted to David Klein for his invaluable c'pntributions, and his exemplary and dedicated service of over 22 years, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca, on behalf of 'the Town and its citizens, expresses its sincere appreciation and gratitude to David L . Klein for his distinguished, dedicated and productive service to our community. MOVED: Supervisor Valentino SECONDED: Councilwoman Grigorov VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkon�, aye. Carried Unanimously. Councilman Klein thanked everyone he had worked with throughout the years stating over the 22 years , he has seen the Town government become extremely responsive to the citizens of the Town and take great strides in the efficiency and professionalism of the staff . Councilman Klein stated Andy , Judy , Al , Fred , Jon , Dan , John Barney , Tee-Ann and all my colleagues do a great job and serve the public extremely well . The citizen & of the Town are really in your debt . Thank you very much . TB RESOLUTION NO. 2003-224: Recognition of Mary Russell 's Years of Service to the Community WHEREAS, Mary Russell began her service with the Town of Ithaca in 1994, with her appointment to the Conservation Board, and served with distinction through X1995; and WHEREAS, Mary Russell was elected to the Town Board beginning on January 1 , 1996 and has served the Town of Ithaca admirably for two consecutives terms thereafter; and 32 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 WHEREAS, Ms. Russell has served as Deputy Town Supervisor since 1999, providing invaluable support to the Town Supervisor in the daily functions of the Town and in providing representation on key Intermunicipal organizations, as well as conveying guidance and direction to Town staff; and WHEREAS, Ms. Russell in her role as Councilperson has represented the Town of Ithaca with distinction, as Commissioner for the Southern Cayuga Lake Intermunicipal Water Commission, on the Intermunicipal Sewer Contract Committee, on the Recreation Partnership Board, Lake Source Cooling Data Sharing Group, and the Cornell Community Waste Management Advisory Committee; and WHEREAS, Ms. Russell has served effectively on such Town committees as the Codes and Ordinance Committee, as Chair of the Records Management Advisory Board, the Purchase of Development Rights Committee, and as Chair of the Capital Projects and Fiscal Planning Committee, and WHEREAS, among her many contributions, Ms. Russell has notably devoted valuable time and energy in the negotiations for an Intermunicipal sewer agreement, in the design and implementation of a capital projects planning process, in advocating alternative solutions to incineration at Cornell University's Veterinary School, in efforts at insuring oversight at the Lake Source Cooling Project, and for playing an instrumental role in the development of the Town 's revised Zoning Ordinance; and WHEREAS, the Town of Ithaca has greatly benefited from Ms. Russell's intelligence, her diligence, her legal expertise, her environmental sensitivity, and her desire to serve our community in order to make it a better place to live; and WHEREAS, the Town of Ithaca is indebted to Mary Russell for her invaluable contributions, and her exemplary and dedicated service of 10 years, NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ithaca , on behalf of the Town and its citizens, expresses its sincere appreciation and gratitude to Mary Russell for her distinguished, dedicated, and productive service to our community. MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Councilwoman Russell thanked the Board and staff stating it has given me a great deal of pleasure to have a worked with such a professional board and staff . We have had many , 33 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 many achievements together and it' s because of the spirit of cooperaten that we have shared . TB RESOLUTION NO. 2003-225: Recognition of Tom Niederkorn 's Years of Service to the Community WHEREAS, Tom Niederkorn was appointed to the Town Board on July 1 , 1999 to fill a vacated position and was then elected to the Town Board beginning on January 1 , 2000 and served the Town of Ithaca most admirably for four years; and i WHEREAS, Tom Niederkorn, in his role as Councilman, has contributed his valuable time and energy to the Public Works Committee, the Codes and Ordinances Committee, and the Transportation Committee; and WHEREAS, among his many contributions, Mr. Niederkorn has notably provided his wise and pragmatic guidance in the reconstruction of the Public Works Facility, in the initial development of a Transportation Plan, and in the development of the Towni' s revised Zoning Ordinance; and WHEREAS, the Town of Ithaca has greatly benefited from Mr. Niederkorn 's sensible approaches, his drive for informed decision -making, his expertise in land use planning, and his desire to serve our community in order to make it a better place to live; and WHEREAS, the Town of Ithaca is indebted to Mr. Niederkorn for his invaluable contributions, and his exemplary and dedicated service of over 4 years, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca, on behalf of the Town and its citizens, expresses its sincere appreciation and gratitude to Tom Niederkorn for his distinguished, dedicated and productive service to our community. MOVED: Supervisor Valentino SECONDED: Councilwoman Russell VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Councilman Niederkorn stated he felt a little bit like a first grader at a collegEl, commencement with these great records of service that my two associates have committed . I second all of what Dave said . I think it has been a pleasure working with the Town of Ithaca , the professionalism and expertise with which the Town deals with all of its problems and opportunities are commendable and I am glad to have been a part of it for a short period of time . Thank you . 34 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Agenda Item No . 13 - Approval of Year End Abstract TB RESOLUTION NO. 2003-226: Town of Ithaca Year End Warrants WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; 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 the total for the amounts indicated. VOUCHER NOS. 7886 through 7994 General Fund Townwide $ 447434. 87 General Fund Part Town $ 20, 731 . 88 Highway Fund $ 455675- 95 Water Fund $ 394, 580. 65 Sewer Fund $ 291 , 461 . 34 2003 West Hill Water Tank Impr $ 128, 141 . 63 Bostwick Rd Water Tank & Trans Line $ 52, 833. 34 Coy Glen Pumpstation/Pipeline $ 181 , 041 . 68 Risk Retention Fund $ 355. 00 Fire Protection Fund $ 97, 458. 00 Forest Home Lighting District $ 177. 14 Glenside Lighting District $ 62. 34 Renwick Heights Lighting District $ 87. 13 Eastwood Commons Lighting District $ 179. 74 Clover Lane Lighting District $ 20. 71 Winner's Circle Lighting District $ 60. 83 Burleigh Drive Lighting District $ 59. 17 West Have Road Lighting District $ 238. 05 Coddington Road Lighting District $ 140. 62 TOTAL : $ 112571740. 07 MOVED: Supervisor Valentino SECONDED: Councilman Klein VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilwoman Grigorov, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Niederkorn, aye. Carried Unanimously. Agenda Item No . 25 — Swearing in of Town Officials 35 Year End Town Board Meeting December 31 , 2003 Approved February 9, 2004 Attorney Barney administered the Oath of Office to Supervisor Valentino , Herbert Engman , Carolyn Grigorov , Sandra Gittelman , Peter Stein , Tee-Ann Hunter. Tee-Ann Hunter administered the Oath of Office to Fred T . Wilcox III , Fred Noteboom , and Daniel Walker. Adlaournment On motion by Councilwoman Russell the meeting was adjourned at 11 : 30 a . rn . Respectfully submitted , a , Coates Whitmore Deputy Town Clerk NEXT REGULAR MEETING — January 5, 2004 36 December 31 , 2003 Year End Meeting ATTACHMENT # 1 Age* � . INTERMUNICIPAL WASTEWATER AGREEMENT This Agreement is made this day of December, 2003 , by and between the VILLAGE OF CAYUGA HEIGHTS , Tompkins County, New York, TOWN OF DRYDEN , Tompkins County, New York, CITY OF ITHACA, Tompkins County, New York, the TOWN OF ITHACA, Tompkins County, New York, TOWN OF LANSING, Tompkins County, New York, and VILLAGE OF LANSING , Tompkins County, New York (hereafter collectively referred to as the "Parties") . WHEREAS , the Village of Cayuga Heights constructed, owns and operates the Village of Cayuga Heights Wastewater Treatment Plant, located in the Village of Cayuga Heights, which serves its Village as well as certain areas in the Town of Dryden, Town of Ithaca, Town of Lansing and Village of Lansing; and WHEREAS , pursuant to Article 5 -G of the N . Y . General Municipal Law, the Town of Dryden, City of Ithaca and Town of Ithaca jointly constructed, own and operate the Ithaca Area Wastewater Treatment Facility, located in the City of Ithaca, which provides wastewater treatment services in certain areas in their respective jurisdictions ; and WHEREAS , the Village of Cayuga Heights Wastewater Treatment Plant operates at full capacity during certain parts of the year, and the Ithaca Area Wastewater Treatment Facility has excess capacity; and 1 i I I WHEREAS , the Town of Lansing and Village of Lansing wish to obtain additional wastewater capacity, and the Town of Ithaca and Town of Dryden wish to utilize Some of their excess capacity in the Ithaca Area Wastewater Treatment Facility instead of continuing to utilize I capacity in the Village of Cayuga Heights Wastewater Treatment Plant; and I WHEREAS , the Town of Lansing wishes to take advantage of grant funding for sewer infrastructure which it has been awarded under the New York State Clean Water/Cl lean. Air Bond Act, and this Agreement will facilitate its ability to access those funds ; and WHEREAS , the Parties wish to provide wastewater services to their respective communities and meet their wastewater discharge permit requirements in the most efficient i manner; and WHEREAS , the respective legislative bodies of the Parties have determined that joint actions and cooperation among the Parties to meet their respective needs are in their best interests , will benefit their respective citizens, and will help protect the water quality of Cayuga Lake, and such legislative bodies having authorized their respective Mayors and Supervisors to sign this Agreement; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the Parties agree as follows. 1 . Definitions . These words and phrases shall have the following meanings : A . Agreement. This Intermunicipal Wastewater Agreement. B . Effective date of this Agreement. The date on which this Agreement is fully executed by all of the Parties. 2 C . Consent of a Party or Parties . Whenever consent of a Party is required under this Agreement, a majority vote of the full possible voting strength of the Party ' s governing body shall be necessary for that Party to give its consent . Whenever this Agreement requires the consent of the Parties, all of the Parties must give their consent before the proposed action can be undertaken. D . Flow meter. A device that measures the flow rate and volume of sanitary sewage and provides a record of the flow data on a continuous basis. E . IAWTF . The Ithaca Area Wastewater Treatment Facility, which is located in the City of Ithaca and is jointly owned and operated by the Town of Dryden, City of Ithaca, and Town of Ithaca. F . IAWTF permit holders . Those municipalities that are or will be listed on the IAWTF ' s SPDES permit (the Town of Dryden, City of Ithaca, and Town of Ithaca) . G . Metrics . Measurements of system performance that form a basis for management decisions and actions. H . O&M . Operation and maintenance . I . Party or Parties . "Party" means one of the municipalities signing this Agreement . "Parties" means the six municipalities who are signing this Agreement, collectively. J. Service area. Those areas within the Parties ' jurisdictions that are delineated as such on the map annexed to this Agreement as Exhibit A . K. SPDES permit . State Pollutant Discharge Elimination System Permit issued by the New York State Department of Environmental Conservation. 3 I L . Treatment Facilities . The wastewater treatment plants located in the Village of Cayuga Heights and City of Ithaca, together with related jointly used equipment, interceptors and facilities, regardless of where such are located. "Treatment Facility" shall refer to either of these wastewater treatment plants , together with related jointly used equipment, intlrce tors and I facilities serving that plant, regardless of where such are located. M . VCHWTP . The Village of Cayuga Heights Wastewater Treatment Plant located in, and wholly owned and operated by, the Village of Cayuga Heights . 2 . The service areas for the VCHWTP and IAWTF are hereby changed to be coterminous and are shown on Exhibit A. Any future changes to the service areas may be made only upon the written consent of all of the Parties . 3 . Pursuant to a separate agreement or agreements by the IAWTF pe i it holders and I one or more of the other Parties, the IAWTF shall accept flows from areas th t, prior to the effective date of this Agreement, were served by the VCHWTP or were not served by public sewers . i I 4. The Village of Cayuga Heights shall enter into a separate agreement or agreements with the Town of Lansing and the Village of Lansing regarding thel acceptance of I flows from those two parties at the VCHWTP . i 5 . Two or more of the Parties may enter into separate agreements tl IaL provide for the use of jointly owned interceptors to collect and convey previously separate flows , I i 6 . The Parties agree to utilize the concept of "equivalent flows" in the separate agreements referenced in paragraphs 3 through 5 above so that the Parties can cl llect and treat 4 I i flows in the most efficient manner. The concept of "equivalent flows" means a Party ' s flows may be treated at one Treatment Facility, and to make room for those flows , flows from another Party or Parties may be diverted to the other Treatment Facility. As a consequence , the first Party may be required to (i) use or purchase capacity and/or pay for treatment of the diverted wastewater at the Treatment Facility receiving the diverted flows , even though the flows came from another Party or Parties ; and/or (ii) use or purchase capacity and/or pay for the transmission of the diverted wastewater through a jointly owned interceptor even though the flows came from another Party or Parties . 7 , The Parties shall develop metrics to measure flows from each Party to each of the Treatment Facilities . The Parties shall utilize flow meters , master water service meter readings and other appropriate information to determine each Party ' s flows to each Treatment Facility, 80 Each Treatment Facility will set its own O&M rate for each of the Parties it serves . The O&M rates shall include an economic incentive to reduce inflow and infiltration . The Treatment Facilities will adjust the O&M rates periodically to account for collection system improvements made by one or more Parties that reduce infiltration and inflow . 9 . Treatment Facility capital projects receiving New York State Clean Water/Clean Air Bond Act funding are : VCHWTP Improvements ; VCHWTP Filtration (Phosphorus Removal) ; IAWTF Improvements (Plant Re-Rating) ; and IAWTF Filtration (Phosphorus Removal) . The local share for each of these capital projects shall be allocated among the users of the Treatment Facility where the project has been or will be undertaken. 10 . The governance of the two Treatment Facilities will not change on the effective date of this Agreement. 5 11 . The Parties will create a committee to help coordinate and synchronize operations between the two Treatment Facilities, help plan for system improvements that benefit the Parties, and assist the Parties in the efficient provision of wastewater treatment services . 12 . The Parties will adopt and maintain common pretreatment standards throughout the two Treatment Facilities ' Service Areas . After adoption of the common pretreatment standards , any changes to the standards can be made only upon consent of all the owners of the Treatment Facilities . Any municipality that physically discharges into the IAWTF and is not an IAWTF permit holder shall enter into a multijurisdictional agreement with the IAWTF permit holders to assign responsibility for pretreatment program implementation and enforcement in that municipality. 13 . This Agreement shall continue in force until May 15 , 2026, which is forty (40) years after the original bonds were issued for the Treatment Facility located in the City of Ithaca. Upon the expiration of the original term, this Agreement may be renewed for additional terms of at least five (5 ) years each upon the written consent of all the Parties . I 14 . If a Party wishes to terminate its participation in the Agreement during a renewal term, it must give at least four (4) years ' written notice to the other Parties, and such notice shall contain the reason for such termination. 15 . This Agreement constitutes the entire Agreement of the Parties. It may be amended only by the written consent of all of the Parties, with each Party executing and acknowledging the document containing the amendment through its duly authorized representative. 16 . This Agreement shall be governed by the laws of the State of New York. 6 I 17 . Each Party represents and warrants that (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit B . 18 , No Party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of all of the other Parties . Notwithstanding the foregoing; if one or more Parties dissolve into, merge with, or wholly annex another Party or Parties, the Party remaining after the dissolution, merger or annexation, or the new merged municipality, as the case may be, shall retain all of the rights and interests in this Agreement that were held by the involved Parties immediately prior to the dissolution, merger or annexation. 7 IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. VILLAGE OF CAYUGA HEIGHTS Dated : By : Walter R. Lynn, Mayor Village of Cayuga Heights TOWN OF DRYDEN Dated : By : Mark Varvayanis, Supervisor Town of Dryden Dated : By : Deborah Grantham, Councilperson Town of Dryden Dated: By : Charles Hatfield, Councilperson Town of Dryden Dated : By : Christopher Michaels, Councilperson Town of Dryden 8 Dated : By : Stephen Stelick, Jr. , Councilperson Town of Dryden CITY OF ITHACA Dated : By : Alan J . Cohen, Mayor City of Ithaca TOWN OF ITHACA Dated: By : Catherine Valentino, Supervisor Town of Ithaca Dated : By : Will Burbank, Councilperson Town of Ithaca Dated : By : Carolyn Grigorov, Councilperson Town of Ithaca Dated: By : David Klein, Councilperson Town of Ithaca .Dated: By : William Lesser, Councilperson Town of Ithaca 9 Dated : By : Thomas Niederkorn, Councilperson Town of Ithaca Dated: By : Mary Russell , Councilperson Town of Ithaca TOWN OF LANSING Dated : By : Stephen L. Farkas, Supervisor Town of Lansing Dated : By : Katrina Greenly, Councilperson Town of Lansing Dated : By: Doug McEver, Councilperson Town of Lansing Dated: By : Meg Overstrom, Councilperson Town of Lansing Dated: By: Francis Shattuck, Councilperson Town of Lansing 10 VILLAGE OF LANSING Dated : By : Donald Hartill, Mayor Village of Lansing 11 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss. : On the — day of in the year 2003 before me, the undersigned, a Notary Public in and for said State , personally appeared Walter R. Lynn, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss. : On the — day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Mark Varvayanis, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Alan J. Cohen, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public 12 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State , personally appeared Catherine Valentino , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss. : On the _ day of in the year 2003 before me , the undersigned, a Notary Public in and for said State , personally appeared Stephen L . Farkas , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the day of in the year 2003 before me , the undersigned, a Notary Public in and for said State, personally appeared Donald Hartill , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public 13 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the — day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Deborah Grantham, Charles Hatfield, Christopher Michaels and Stephen Stelick, Jr. , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me , the undersigned, a Notary Public in and for said State, personally appeared Will Burbank, Carolyn Grigorov, David Klein, William Lesser, Thomas Niederkorn and Mary Russell , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Katrina Greenly, Doug McEver, Meg Overstrom and Francis Shattuck, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals , or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 14 EXHIBIT A Service area map—attached. 15 J flfJ j r�lff ' 'S n / r U1, r!/if r✓r�,I �ff r l; � - - ! r :rt rj jli lr., r -.`'i i f/! r'rf-- ! it "r f J !'! / it'.>,f /,r/�t /r• p r,r .1f.`✓i�f >ff �r f�' ///f.fiJf r` r !!/rr f i !/�ff l r r -'.',+rr ! '!f r,>frr/f rJ-f fr f� ��i!.�/,/i r/✓l � 'r.' i %' i'1 r"` /: i �%� ,r�ifj�°!%,:✓,.fj�fr it f�', f�fiFr rr f%Ififl:/!f/1fi rr,r 1,�.J. r Jr r r j I` - 1 i�.�/✓rr f!!f°i/t:f f J ! ! �� mfr ' t rr /f. ,f /j f!J � f pr�if ' i✓r'<�riff / ! 'r f f 1iJ , r � � / /% rr ifs/� > �r.Tl!/%�ij�J rir 1�1��1�i /Fr f//rf r/Ilf ifJflfi' . �r i ,f r r !! 1r f�l.rJ ! !I>> 7 llflf �f Sri rri f !, r1 lrl�j rE f '•ri! 'jf!� �� r , • ■ • • ■ ■ EXHIBIT B Governing body resolutions—to be added after the Parties vote on acceptance of the Agreement. 16 0 ATTACHMENT # 2 December 31 , 2004 Town Board Meeting A G .E1N RA # Ithaca Area Municipal Wastewater Collection Improvement Project State Environmental Quality Review Act STATEMENT OF FINDINGS ADOPTED December 8, 2003 I . Introduction This is the Town of Ithaca Town Board's Findings Statement for the Ithaca Area Municipal Wastewater Collection Improvement Project ("the Project") in Tompkins County, New York. The Town of Ithaca Town Board is an involved agency for this Project . A Findings Statement sets forth the basis for an Agency's decision on an action, in this case the funding and construction of sewer lines and pump stations in the Town of Lansing; the funding and construction of transmission mains in the Town of Lansing and Villages of Lansing and Cayuga Heights ; the funding and construction of two flow diversions in the Village of Cayuga Heights and Town of Ithaca ; and approval of an Intermunicipal Wastewater Agreement, which includes new coterminous service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant and expands existing service areas in the Towns of Lansing, Dryden and Ithaca . The State Environmental Quality Review Act ( SEQRA) requires that the Lead Agency and each Involved Agency make Findings with respect to an Action . The New York State Department of Environmental Conservation (DEC ) is the Lead Agency for this Action . Involved Agencies include the Project Sponsors , which are the City of Ithaca , the Villages of Lansing and Cayuga Heights and the Towns of Ithaca , Dryden and Lansing. This Findings Statement contains a brief description of the Action , a description of the SEQRA process , a discussion of significant impacts and mitigation measures , and a certification required by the SEQRA regulations . The discussion of impacts and mitigation measures makes up the bulk of these Findings . The discussion is organized by topic or area of the environment , as were the Environmental Impact Statement (EIS ) documents . In making Findings it is important to note that an Agency need not Find that the Action will result in no environmental impacts . Rather, SEQRA requires that agencies engage in a balancing process whereby environmental concerns are weighed against social , economic and other essential considerations . These Findings set forth the basis of the Town of Ithaca Town Board's decision , and set forth conditions where appropriate . 1 2. Description of the Action The Project involves the construction of approximately 26 linear miles of public collector sewers (both gravity and vacuum sewers) in the Town of Lansing, as well as the construction of three pump stations to convey sewage from topographic low points and 21 and 24-inch gravity transmission pipes to convey the sewage to the Village of Cayuga Heights Wastewater Treatment Plant (VCHWTP) . The Project further involves interconnection of the VCHWTP service area and the Ithaca Area Wastewater Treatment Plant ( IAWWTP) service area to allow for the diversion of up to 1 . 3 million gallons per day (MGD) (over the 20- year planning period) of sewage from the VCHWTP to the IAWWTP to utilize the existing permitted capacity at the IAWWTP . Much of this diversion will be from the northeast portion of the Town of Ithaca that is currently served by the VCHWTP, and the Town of Ithaca will utilize existing excess capacity it already owns in the IAWWTP . The Project also involves expanding the sewer service area in the Town of Lansing and the Town of Dryden, although no new sewers are proposed in Dryden at this time . Three small areas in the corners of the Town of Ithaca will also be added to the sewer service area . The Project will make existing wastewater treatment capacity available to serve the Village of Lansing . Finally , the Project also involves the approval of an Intermunicipal Wastewater Agreement by the six municipal sponsors . Among other things , this Agreement creates a new coterminous sewer service area for the VCHWTP and IAWWTP and expands the sewer service area into new parts of the Towns of Lansing, Dryden and Ithaca . The EIS further analyzes the potential environmental impacts of a conceptual future plan involving the construction of approximately 38 miles of collector sewers and seven pump stations in the Town of Lansing. It is anticipated that these improvements would be owned and maintained by the municipality in which they are located . It is emphasized that sewers associated with the conceptual future plan are not currently proposed and funding has neither been sought nor provided for them . However, to the extent that the potential environmental impacts of the conceptual future plan can be assessed , the EIS does so in order to assess impacts from the proposed and conceptual projects together, and to determine what the boundaries should be for the VCHWTP- IAWWTP service area . If the conceptual sewers are ever proposed in the future , their impacts will be evaluated through a future environmental review process . 3. Procedure On August 18 , 1999 , the Project Sponsors requested that DEC serve as the Lead Agency for this Project. Notice of the DEC's intent to serve as Lead Agency was circulated to interested and involved agencies by letter dated September 29 , 1999 . No objections were raised with respect to the DEC 's serving as Lead Agency , and on November 1 , 1999 the DEC became Lead Agency for the SEQRA 2 review . A draft Scoping Document was prepared setting forth the issues to be addressed in the Draft Environmental Impact Statement (DEIS ) . On September 6 , 2001 DEC held a public meeting at which comments on the draft Scoping Document were received . From August 27 , 2001 to September 21 , 2001 DEC also accepted written comments on the draft Scoping Document . On June 4 , 2002 the DEC adopted a final Scoping Document for the Project . On June 20 , 2003 the DEC accepted the DEIS as complete and issued it for public comment . DEC held a public hearing on the DEIS on July 31 , 2003 . The DEC accepted comments on the DEIS until August 11 , 2003 . The Final Environmental Impact Statement (FEIS ) was accepted by DEC on November 13 , 2003 . 4. Project Need and Benefits • The DEIS and FEIS documents contain an extensive discussion of Project need . The Project is needed in order to eliminate ground and surface water pollution currently caused by inadequate on-site sewage disposal systems and to protect public health . The proposed Project will eliminate a number of sewage discharges and provide a higher level of sewage treatment than presently occurs within the area proposed to be serviced . More specifically, the proposed benefits are as follows . • Currently, inadequate on-site septic systems are in use within the proposed Town of Lansing Service Area . For example , the Tompkins County Health Department has identified limitations or inadequacies with systems in the Ladoga Park area (including 30 systems that are inundated by Cayuga Lake during high water) , the mall near the intersection of Atwater Road and Route 34 , the tavern at the corner of Drake Road and Route 34 and at the Lansing Central School District . The Health Department has conducted several surveys of drinking water wells and septic systems in the Town of Lansing and found high rates of well contamination and septic system failure . Elimination of these inadequate septic systems will improve ground and surface water quality, reduce the risk to drinking water supplies , and benefit public health . • Currently, individual SPDES discharge permits are held by residential , commercial , industrial and institutional facilities that fall within the proposed Town of Lansing Service Area . These include the Lansing Central Fire Station , Colonial Cleaners , Hunter Apartments , Lakewatch Inn , New York State Office of Children & Family Services facilities , Cargill , Inc . , Woodsedge Apartments , Transonic Systems and UPS . Elimination of the individual sewage discharges at these facilities will improve the water quality of surface waters because , for example , with the exception of the New York State Office of Children & Family Services facilities , the systems for which these permits have been issued do not incorporate phosphorus removal . 3 ® The Project will meet the need for additional public sewage capacity in the Town of Lansing. ® The Project will occur in an area that is already partially developed , thus promoting infill rather than conversion of open space and agricultural lands . ® The sizing of mains , pump stations and other facilities will provide the opportunity for future expansion of public sewer service within the Town of Lansing Planning Area without the need for additional construction, thereby avoiding duplicated construction impacts . ® The provision of sewers within the Town of Lansing Service Area and, potentially in the future, the Town of Lansing Planning Area, will allow for controlled growth in the Town of Lansing in accordance with that community's planning policies . ® The Project will eliminate SPDES permit flow exceedances at the VCHWTP. m The Project will provide for more public sewer capacity in the Village of Lansing. m By incorporating the Town of Dryden within the proposed future sewer service area , sewer service may in the future be extended to the Town of Dryden. 5. Alternatives Alternatives to the Project were thoroughly analyzed during the planning phases of the Project . This analysis was summarized and supplemented in the DEIS and FEIS documents . Other alternatives were also analyzed in the DEIS and FEIS . The analyses found that : m The use of vacuum sewers (commonly used in areas of relatively flat topography where slopes are not suitable for the use of gravity sewers) for the entire Town of Lansing Service Area was not practical because of higher costs and because the majority of the Service Area has slopes suitable for conventional gravity sewers . m The use of small diameter variable slope sewers with full-size septic tanks to capture solids in the Town of Lansing was rejected because this alternative would have higher long-term costs without having any particular environmental benefit. 4 • The construction of several small package wastewater treatment plants or neighborhood subsurface areas in the Town of Lansing as alternatives to use of existing municipal plants were rejected because of the higher likelihood of failure from multiple facilities and because of the lower level of wastewater treatment that would likely be achieved . • Alternative wastewater discharge locations such as sub-surface discharge or land application were rejected because of the amount of land required, operational difficulties , cost considerations and the significant transport infrastructure that would be required . • Discharge into a nearby receiving water body instead of Cayuga Lake is not feasible , given the low summer base flows in tributaries to the Lake such as Salmon Creek and Gulf Creek. • Composting toilets are not considered by the Lead Agency to -be a practical regional alternative because of scale considerations , although they are viable for individual use . • The construction of a new municipal wastewater treatment plant was rejected because it would not meet the goal of providing a regional alternative using existing facilities ; it would result in an additional wastewater treatment facility requiring proper operation , with a resultant higher risk of malfunction and environmental pollution ; small municipal plants often have more operational and compliance problems than regional plants ; and small municipal plants seldom are "state-of-the- art" due to an inability to spread higher costs over a small tax base . While issues related to VCHWTP and IAWWTP discharges were outside the EIS's scope , the Lead Agency noted that the regional solution is acceptable because phosphorus loadings discharged into the southern end of Cayuga Lake attributable to Town of Lansing flows would be very small (less than 1/4 pound per day initially and less than 3/4 pound per day in 20 years with tertiary phosphorus treatment) . The Lead Agency further noted that overall phosphorus loadings to southern Cayuga Lake will decrease in the range of 20 to 31 pounds per day on an average annual basis with the planned phosphorus treatment upgrades at the VCHWTP and IAWWTP, even with the added Town of Lansing flows . • Treatment at an expanded VCHWTP is technically feasible , but would be more expensive and has no particular environmental benefits over the preferred alternative . • Decommissioning of the VCHWTP and treatment of all wastewater at the IAWWTP would have the benefit of reducing the number of operating facilities with associated risk of malfunction . However, it is more costly than the preferred alternative and so was rejected . 5 ® Use of the VCHWTP for primary treatment, followed by transmission of wastewater to the IAWWTP for final treatment was rejected because it would . be more costly without having any particular environmental benefits . ® Larger and smaller sewer service areas were considered in the Town of Lansing. The service area chosen best meets the sewage treatment needs of the Town of Lansing. ® Alternative transmission main pipe sizes were considered . However, the proposed transmission main pipe size is the minimum necessary to meet recognized design standards . In addition, a smaller main could not be efficiently upgraded or supplemented in the future without significant cost and duplicated construction impacts . ® The DEIS contains an assessment of the use of an alternative transmission main route that would avoid the Esty's Glen and McKinney's Twin Glens Unique Natural Areas (UNAs ) . Conventional construction of the proposed route through the UNAs would permanently disturb the vegetation that has been re-established on and along the former railroad grade , and a pipe bridge crossing Twin Glens would add an additional man-made feature to the glen . The alternative transmission route would avoid all disruption to these UNAs but would require additional pump stations and would have higher operations costs . With the :mitigation identified in Section 6 . 7 below , either route is viable and acceptable . The Village of Lansing Board and Town of Lansing Board will reach consensus on which route to select and on transmission main cost-sharing issues . o The FEIS contained an analysis of the use of the Norfolk Southern railroad right-of-way for the sewer transmission main . The analysis concluded that this route is not feasible for construction and cost reasons . No comments were received that would alter the Town of Ithaca Town Board's conclusion that the proposed Project best meets the objectives of the Project Sponsors . 6. Findings, Basis and Rationale for Decision The following discussion sets forth the Findings , basis and rationale for the Town of Ithaca Town Board's decision, including required mitigation measures . 6. 1 Topography Topography in the EIS Study Area ("the Study Area") ranges from approximately 400 feet above mean sea level to 1100 feet above mean sea level . 6 Topography generally slopes from east to west towards Cayuga Lake . Steep slopes are found along Cayuga Lake and along stream banks . Potential impacts relate to the potential for erosion and subsequent sedimentation of water bodies during construction , especially on steep slopes . The Town of Ithaca Town Board Finds that mitigation measures shall include the following: a . Adherence to the requirements of a general stormwater permit , and preparation of a Stormwater Pollution Prevention Plan prior to construction . The plan will include erosion control measures designed in accordance with the following documents : • New York State Guidelines for Urban Erosion and Sediment Control (April 1997 ) • New York State General Permit for Stormwater Runoff Discharges , GP-93-06 (General Permit) Appendices D , E , and F ( Stormwater Pollution Prevention Plan) b . Work will progress in a systematic fashion with the following phases : land clearing, excavation , installation or construction , backfill and restoration . All ground surfaces that will be disturbed during construction will be stabilized and restored . c . Earthwork will be performed with the objective of completing pipe trench excavation and backfilling sequentially . After clearing of vegetation from the earthwork areas, topsoil will be removed and stockpiled for reuse . Topsoil stockpiles will also be subject to erosion control measures . 6.2 Geology The Study Area is underlain by sedimentary rocks . Bedrock depths are relatively shallow . Blasting may be required to install sewer lines in some locations . The Town of Ithaca Town Board Finds that mitigation measures shall include the following. a . Ripping shall be the preferred method of removing shallow bedrock except where the Project Engineer determines it is not feasible . b . When blasting is found necessary, all blasting operations will adhere to New York State ordinances governing the use of explosives . The State regulations are contained in 12 NYCRR Part 39 and Industrial Code Rule 53 , and include such requirements as licensing of operators ; magazine ( explosive storage) certification ; and rules for conducting operations in a safe manner. Proper program guidelines will be established between the State , the Project Engineer, and the blasting contractor prior to undertaking this activity. In addition to obtaining applicable blasting 7 certifications and complying with all blast safety requirements , a blast monitoring program will be implemented . c . All pertinent safety regulations and standards shall be applied as required for safety, security and other related details for any blasting deemed necessary. Applicable safety regulations are : • US Army Corps of Engineers Safety Manual EM 385- 1 - 1 ; • Code of Federal Regulations A. T . F . Title 27 ; • Institute of Makers of Explosives Safety Library Publications No . 22 ; • New York State Industrial Code Rule 53 . d . Storage of all explosive materials shall be located on the site at a location approved by the blasting engineer. Caps or other detonating devices will not be stored with Class A explosives . Design of the powder magazine shall be in accordance with the references above . The security for explosives and blasting materials stored on-site will be in accordance with safety requirements of the blasting engineer. e . Delivery and transportation of explosives from the powder magazines to the blast area will be by vehicles specifically designed for this use by the criteria outlined in the safety requirements . Only authorized persons will transport and handle the explosives as designated by the authority of those licensed for this purpose . At all times federal , state , and local ordinances will be followed concerning the transportation and storage of explosives . f. The designated storage site , explosive transporting vehicles , and areas where explosives are being used shall be clearly marked and will display the required warning signs . A daily tally of all explosives delivered , used and stored will be maintained. g. Prior to blasting, necessary precautions for the protection of persons and adjoining property will be established . Such precautions shall include the following. • Appropriate signs will be erected in the area of blasting activities . • All adjoining property owners will be mailed notification of the anticipated blasting schedule . • Notification of blasting at the site will be published in newspapers prior to the blasting schedule . 8 • A storm alert monitoring device will be used by the blasting contractor to detect any electrical build-up in the atmosphere at the blast area while using electrical caps . • Special care will be taken with detonating cords and connectors to protect from the impact of falling rocks or other impeding objects . • Vehicles equipped with radio transmitters and portable 2-way radios will not be permitted within 250 feet of blasting operations . 6.3 Soils Impacts to soils include the potential for erosion , the generation of dust during construction and the likelihood that high groundwater will be encountered during construction . The Town of Ithaca Town Board Finds that mitigation measures shall include the following. a . The mitigation measures specified in Section 6 . 1 of these Findings will mitigate erosion impacts . b . To mitigate the effects of dust during construction , the following measures are required . • All paved areas must be swept clean on a daily basis . • During periods of drought or little rainfall , areas devoid of topsoil will be watered regularly to minimize the amount of dust entering the air. • In periods of extreme rainfall or muddiness , truck washing stations will be established to avoid tracking significant quantities of soil onto area roadways . C . To minimize the effects of high groundwater in areas where trench excavation is required , typical dewatering measures should be utilized to prevent surface water and/ or ground water from entering excavations . Typical measures shall include , but are not limited to : • Installation of dewatering systems utilizing wells , well points , or similar methods complete with associated pump equipment, standby power and pumps , valves and associated appurtenances . • Maintain the system to control groundwater and maintain relatively dry conditions to excavate and place fill on dry subgrades . 9 • Dispose of water removed through the dewatering process in a manner that avoids endangering public health , property, wetlands , UNAs and portions of work already completed . This will generally involve the use of detention ponds in which sediments may settle prior to discharge . 6.4 Water Resources a . The Project will result in the decommissioning of numerous in-ground sewage disposal systems , including individual and institutional systems . As mentioned above , septic systems in Ladoga Park along the shore of Cayuga Lake regularly flood , resulting in direct sewage discharge into Cayuga Lake . Past Tompkins County Health Department (TCHD ) surveys show that many septic systems within the Town of Lansing Sewer Study Area were in failure or were expected to fail soon. The TCHD has expressed concerns about the four on-site sand filter systems at the Lansing Central School District (design flow of 35 ,300 gallons per day) that serve the schools and discharge to surface waters that drain to Salmon Creek and Cayuga Lake . The TCHD has also identified limitations or inadequacies with on-site septic systems in the Ladoga Park area , the mall near the intersection of Atwater Road and Route 34 , and , the tavern at the corner of Drake Road and Route 34 . The TCHD has stated that the soils in much of the Town of Lansing Sewer Study Area are marginal to poor for on-site sewage systems . TCHD records show the Town of Lansing Sewer Study Area has a higher per capita replacement rate than the replacement rates in any of the towns in Tompkins County . The TCHD has also found that a significant number of drinking water wells it tested in the hamlet of Ludlowville were contaminated with sewage . The Project will also result in the decommissioning of package treatment plants that have individual SPDES permits . These package plants do not generally provide as high a level of treatment as the VCHWTP and IAWWTP will provide once their planned phosphorus upgrades are in place , because only one of the package plants provides phosphorus treatment . The Town of Ithaca Town Board Finds the Project will have the significant positive impact of eliminating wastewater discharges to Cayuga Lake , its tributary streams , and groundwater resources , and of reducing the threat to public health . The elimination of these discharges will improve ground and surface water quality, reduce the risk to drinking water supplies , and benefit public health. Issues related to IAWWTP and VCHWTP discharges were outside the scope of the EIS because those plants will be operating within their 10 previously established SPDES permit limits . However, the Town of Ithaca Town Board recognizes that with proposed improvements to these municipal plants , there will be a large net reduction in phosphorus discharge to the southern end of Cayuga Lake from these plants , even with the addition of flows from currently unsewered areas , including the Town of Lansing. b . There are numerous streams located throughout the Project Area . Sewer lines are proposed to cross streams in 43 locations . None of the streams are classified as protected by the DEC in the crossing locations . It is anticipated that the U . S . Army Corps of Engineers would authorize this Project under Nationwide Permit 12 for utility crossings of wetlands and waters . Under this Nationwide Permit , notification (i . e . , a Pre- Construction Notification or PCN) will be made if any of the following occur: • There was mechanized land clearing in a forested wetland . • A Section 10 permit is required (i . e . , the project crosses a navigable water) . • The utility crossing(s ) [cumulatively] impact more than 500 linear feet of waters . • There are permanent above-grade fills for roads that are more than 500 linear feet in length in waters of the United States . • Any permanent above-grade fills for roads are constructed with impervious surfaces . A DEC Protection of Waters permit under 6 NYCRR Section 608 is required . A Stream Disturbance permit is not required because the Project does not impact any streams with classifications of C (t) or higher . However, the Project will need a Section 401 Water Quality Certificate , which is also authorized under 6 NYCRR Part 608 , specifically Section 608 . 9 . Any applicant for a federal license or permit to conduct any activity that would result in a discharge into a navigable water must obtain a Section 401 Water Quality Certificate . Therefore , Section 401 Water Quality Certificates are required in association with US Army Corps of Engineers permits , including Nationwide Permits . The DEC has issued blanket, or automatic Section 401 Water Quality Certificates for Nationwide Permit 12 when : 11 0 The Project does not involve an Article VII permit under the Public Service Law . 0 Materials are not sidecast into waters of the United States for more than 30 days . 0 Materials are not sidecast into any waterbody or stream with measurable flow . 0 When the project involves less than 1/10th an acre of permanent discharges and less than 200 linear feet of stream disturbance [cumulative] . Therefore , the need to obtain a blanket versus an individual Section 401 Water Quality Certificate will be dependent upon the length of stream disturbance associated with the utility crossings . The Town of Ithaca Town Board Finds that, in addition to compliance with all necessary federal and state permits and requirements , the following mitigation measures will be implemented to protect streams from adverse impacts . Whenever possible , stream crossings will be constructed during the dry season in order to avoid the potential for significant flows . Trenched stream crossings will be constructed in the "dry" where the water flow is either flumed or pumped across the work area . This will eliminate the great majority of downstream siltation during the pipeline installation . Hay bales and silt fences will be used as specified in the erosion control plan to prevent siltation from upslope areas . Whenever possible , excavation will be done from the banks , keeping equipment out of the streambed . In larger streams , the installation may be a two-step procedure . The water flow may be diverted away from the working side by the use of a cofferdam , then reversed to install the remainder of the pipeline across the stream . Trenching may also be done with a rock saw . This method would also be done as a dry crossing. In addition , the following specific mitigation measures are required . ® All staging areas for stream crossings will be kept at least 100 feet away from the stream . © No refueling, equipment repair or lubricating will be allowed within 100 feet of a stream unless said stream is located immediately adjacent to a road crossing , with limited access , and therefore requires such activity . 12 • Proper spill containment will be used to isolate these activities and minimize the potential for spills in such instances . • Whenever possible , stream crossings will be avoided at a stream bend , in areas of undercut banks , or in areas where the bank is unstable . • In areas where long slopes lead to streams , water bars will be installed. Otherwise , silt fences and/or hay bales will be installed . • The necessary grading and brush clearing of stream banks will take place immediately prior to trenching in order to minimize the exposure of bare soil . • Stream bank and flood plain stabilization measures will be immediately implemented upon completion of construction . • In-stream disturbances will be minimized . • All trenching will be performed in such a way so as to prevent the introduction of sediments into streams . • No flow obstructions will be left in the streambed or channel . • The streambed and banks will be restored as close to the original contours as possible . • If a stream crossing is located within a wetland , the crossing will be designed to minimize the length of any right-of-way constructed parallel to a stream course within the wetland . Silt fencing and/or haybales will be used to insure that siltation is minimized and retained within the work area . The bank and trench spoil piles will be isolated from the wetland by silt fences . Separation of topsoil and subsoil will be necessary during the bank excavation within the wetlands . Care will be taken to reestablish the stream channel in the original location and condition . • Any stream banks will be restored to the original contour and stabilized . • The conditions at some stream crossings may make trenching difficult and unacceptable from a construction standpoint . In these areas , a directional bore crossing method may be used . The potential impact from directional boring is the potential of leakage of the cutting and lubricating fluid . The starting and ending points for the directional bore will be in uplands . The directional bore work areas will be protected with silt fences in order to contain any surface outflows of 13 the liquid . Fluid flow controls will be available to quickly seal any leakage . Any leakage will be removed from the boring location, and the area restored prior to removal of silt fences . Sewer lines will be located within mapped 100-year floodplains in several locations . However, since the lines will be underground , no adverse impacts are anticipated . Sewer lines will come in close proximity to a private water supply cistern at 1203 East Shore Drive and , depending on the exact location of construction routing, a public water supply well point on Burdick Hill Road . To mitigate the potential impact of water contamination from leaking sewer lines , the Town of Ithaca Town Board Finds that lines must be double sleeved within 100 feet of these water supplies . The Town of Ithaca Town Board further Finds that during construction , the location of the East Shore Drive cistern must be marked in the field and all construction activities must be maintained at a safe distance from the cistern to avoid adverse impacts . The safe distance will be determined in the field based on soils characteristics . The conceptual future sewer plan in the Town of Lansing Planning Area also involves the crossing of approximately 50 streams , including one regulated stream . The Town of Ithaca Town Board Finds that mitigation measures identical to those identified above should be considered should this plan be advanced beyond the conceptual stage . 6.5 Flora and Fauna Correspondence was sent to the State and Federal governments regarding the presence of rare , threatened or endangered species in the DEIS Study Area . The United States Department of the Interior . Fish and Wildlife Service (USFWS ) , indicated that there are no Federally listed or proposed to be listed rare , threatened or endangered species under the jurisdiction of this agency within the EIS Study Area . According to the New York State Department of Environmental Conservation Natural Heritage Program , there are several State listed rare , threatened or endangered species within the EIS Study Area . Areas potentially impacted by the Project are the Esty's Glen and McKinney's Twin Glens and Lake Cliffs UNAs . The DEC prohibits the precise location of such species from being made public in order to protect the species . The list of potential species is in the possession of the Project Sponsors . Impacts to rare , threatened and endangered species relate to the disruption of their habitat or the direct destruction of the species themselves . A biological 14 survey of the proposed sewer transmission routes will be performed in the locations listed by the DEC prior to construction to ensure no sucli species will be disturbed . The Town of Ithaca Town Board Finds that with this survey and with the mitigation required by Section 6 . 7 below , no adverse impacts will occur. 6.6 Wetlands The proposed Project will not affect any known or mapped State or Federally regulated wetlands . Because small , unmapped wetlands are sometimes found to exist in the field, the Town of Ithaca Town Board Finds that prior to construction, the proposed construction route will be walked by a wetland scientist to confirm this Finding. Should any wetlands be found to exist, a mitigation plan shall be developed . The conceptual future sewer plan in the Lansing Planning Area involves the crossing of the Head Corners Wetland, which is Federally regulated and which is also a designated Tompkins County Unique Natural Area . The Town of Ithaca Town Board Finds that an alternate route and other mitigation measures should be investigated during the environmental review that will be done should this plan be advanced beyond the conceptual stage . The conceptual future plan also locates a sewer line along Benson Road within 100 feet of DEC wetland WG- 14 . If this plan is advanced beyond the conceptual stage , construction of this sewer line would require a permit. The Town of Ithaca Town Board Finds that additional mitigation measures should be considered should this plan be advanced beyond the conceptual stage . 6. 7 Unique Natural Areas UNAs are sites with outstanding environmental qualities , as defined by the Tompkins County Environmental Management Council . There are 42 UNAs in the Project Area . Sewer lines will pass through UNAs in several locations . The Town of Ithaca Town Board Finds that the following specific measures will be implemented to mitigate adverse impacts to UNAs . a . Impacts to UNA 55 , Lower Salmon Creek, relate to the need for construction mitigation of short-term impacts related to installation of the sewer main on the bridge so that it may cross this stream . Such mitigation measures are discussed 'in Finding 6 . 41 b . Impacts to UNA 63 , Shurger Glen, are anticipated to be minimal , as the proposed sewer line route will avoid the wooded portion of the lower glen . Mitigation measures are therefore those for soil and erosion control discussed in Finding 6 . 3 . 15 C , Impacts to UNAs 64 and 89 , the Lake Cliffs , relate primarily to the need for soil erosion control . Such mitigation measures are discussed in Finding 6 . 3 . In UNA 89 , trenchless technology will be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are known to be or identified as rare or endangered . d . Impacts to UNA 90 , Esty's Glen , are limited to the potential for disturbance of the edge of the UNA from construction in the road right-of- way . Mitigation measures are those for soil and erosion control discussed in Finding 6 . 3 . e . Impacts to UNA 103 , McKinney's Twin Glens and Lake Cliffs , primarily relate to the potential for disturbance of protected species . In these areas a biological survey of the proposed sewer line route will be constructed prior to construction to ensure that no such species will be disturbed . Trenchless technology will be used where appropriate to avoid excavation through identified and surveyed vegetative communities that are identified as rare or endangered . f. Impacts to UNA 102 , the Renwick Slope , are anticipated to be minimal because the route will follow an existing sewer line right-of-way that is mowed and maintained for that purpose . Mitigation measures are those for soil and erosion control discussed in Finding 6 . 3 . g. With respect to UNAs 53 and 54 , no significant impacts are anticipated and therefore no mitigation measures are proposed . h . With respect to general construction , the following mitigation measures have been identified . • The construction route will be marked in the field and temporary barriers erected to protect adjoining trees and vegetation . • All trees over 12 " diameter at breast height will be marked ; if possible , the route will be adjusted in the field to avoid the destruction of such trees . • Construction equipment and materials may not be staged within the boundaries of UNAs except where no alternative location exists . i . The EIS contained a discussion of the possible use of the former railroad right-of-way, which is on private property, as a recreation trail . Discussions with the impacted landowners show they do not favor creation of a public pedestrian right-of-way . Such a trail would not directly mitigate the environmental effects of the proposed transmission main, although it would increase recreational opportunities . The Town of Ithaca 16 Town Board Finds that conversion of private lands for recreational trail purposes is a controversial matter with the affected landowners and the location of any future trail will require more public input and discussion before the Village of Lansing Board can make a decision . j . Sewer line routes proposed in the conceptual plans for the Lansing Planning Area will undergo additional environmental review should these plans advance beyond the conceptual stage . In the conceptual plans , sewer line construction is proposed to occur within several UNAs . Construction would occur along the roadside edges of the Lake Cliffs , the Ludlowville Woods , DEC Wetland WG- 14 , the Minnegar Brook Woods and the Lower Salmon Creek UNAs . Since construction would occur along the roadside edge of these areas , no significant disruption or disturbance would be expected , other than short-term disruptions to wildlife from construction associated noise . The Town of Ithaca Town Board Finds no mitigation measures are likely to be necessary should this plan be advanced beyond the conceptual stage , as long as construction is proposed for only roadside edges . UNA 64 is a unit of the Lake Cliffs UNA. The primary potential impact in this area is the potential for erosion and sedimentation from construction on steep slopes . The Town of Ithaca Town Board Finds that mitigation measures discussed in Finding 6 . 3 should be considered for construction in this area should this plan be advanced beyond the conceptual stage . As previously discussed , UNA 65 is the Head Corners wetland, a federally regulated wetland . A potential sewer line is shown to be constructed directly through this UNA, resulting in the potential for short and long- term habitat disruption and destruction . The Town of Ithaca Town Board therefore Finds that an alternative to this route and other mitigation measures should be explored should this plan be advanced beyond the conceptual stage . 6.8 Climate and Air Resources The Project will have no direct impact on air resources other than the generation of dust during construction . The Town of Ithaca Town Board Finds that the mitigation measures for construction dust generation found in Finding 6 . 3 are required . 6.9 Visual Resources The Project is not anticipated to have any adverse direct impacts on visual resources because the sewer lines will be underground and because the proposed pump station buildings will be small and unobtrusive . The Town of Ithaca Town Board therefore Finds that no mitigation measures are required. 17 6. 10 Odors Adverse impacts related to odors are limited to those from improperly operated wastewater pumping stations . Mitigation measures are related to proper operation and venting. If problems persist , the Town of Ithaca Town Board Finds additional mitigation measures such as biofilters , carbon filtration and chemical addition are required . 6. 11 Noise The only noise-related impact identified from operations relates to that from emergency generators when in use at the pump stations . These generators will be enclosed and they will be used infrequently (only when electric supply is disrupted or during infrequent testing periods ) . The Town of Ithaca Town Board therefore Finds that this impact is not considered significant and no :mitigation measures are required . Construction equipment and blasting will generate noise during construction . This noise will be generated on a short-term basis and represents a short-term , adverse impact . The Town of Ithaca Town Board Finds that construction equipment shall be properly maintained in order to minimize this impact to the maximum extent . practicable . 6. 12 Cultural Resources A Stage 1A Cultural Resources Survey was conducted for areas proposed for construction. The survey identified the possibility of encountering cultural resources in areas that have not been previously disturbed . The Town of Ithaca Town Board finds that the Project Sponsors will consult with the New York State Historic Preservation Office ( SHPO ) as to the extent and nature of any required 1B Field Investigation and will undertake such a survey in accordance with the direction of SHPO . The Town of Ithaca Town Board further Finds the results of any required 1B testing and any mitigation plan must be considered by the Town of Lansing once a preliminary . design is completed for the exact sewer routes . 6. 13 Land Use and Zoning The Project will have no direct impacts to land use or zoning. The Town of Ithaca Town Board therefore Finds that no mitigation measures are required . 6. 14 Transportation The Project will have no direct impacts on transportation resources . During construction there will be short-term disruptions of traffic patterns. The Town of Ithaca Town Board Finds that a Maintenance and Protection of Traffic Plan 18 shall be developed to mitigate adverse transportation impacts during construction . 6. 15 Demographics The Project will have no direct impacts on demographics . The Town of Ithaca Town Board therefore Finds that no mitigation measures are required . 6. 16 Fiscal Impacts The Project will be paid for out of a combination of State Bond Act grants, low interest loans and local matches (which may include bonds ) . The Town of Ithaca Town Board Finds that no adverse impacts have been identified with respect to Fiscal impacts , and therefore no mitigation measures are required: 6. 17 School Districts The Project will have no direct adverse impacts on school districts . The Project will have the positive impact of eliminating on-site wastewater discharges at Lansing Central School District schools . The Town of Ithaca Town Board Finds that no mitigation measures are required as no adverse impacts have been identified . 6. 18 Community Services The Project will have no direct impacts on community services . The Town of Ithaca Town Board therefore Finds that no mitigation measures are required . 6. 19 Growth Inducing Impacts The EIS contained an extensive analysis of growth that could be induced in the Towns of Lansing and Dryden and the Village of Lansing as a result of the Project . The assessment covered three scenarios : Scenario 1 (growth at existing rates) ; Scenario 2 (moderately increased growth) ; and Scenario 3 ( a highly increased rate of growth) . The analysis assessed the amount of residential and commercial growth that could occur over a 20-year period under each scenario and calculated impacts to transportation systems , school districts , community services , employment, municipal budgets and the region from each scenario . The analysis further analyzed impacts to land uses and calculated the amount of vacant and agricultural land that could be converted to developed land under each scenario . Specific findings from the analysis include : 19 ® With one exception, the future residential and commercial growth projections for all Scenarios are significantly less than the maximum amount of development that could theoretically occur under current zoning. The one exception is for commercial development in the Village of Lansing , where all remaining commercial square footage will be developed before the end of the 20-year period under even . the lowest growth scenario , Scenario 1 (historic growth rates) . ® Under Scenarios 2 and 3 , the Lansing Central School District would experience enrollment increases in line with historic trends in this school district . Projected increases for the Ithaca City School District and Dryden Central School District under Scenarios 2 and 3 would reverse a trend of declining enrollment, but the number of students added each year is not significant when compared to existing enrollments and the fact the students would be spread out over all grades . m Impacts on school budgets are relatively small . Growth under Scenario 3 results in annual budget deficits ranging from 0 . 10% to 1106% . The impact would be even smaller under the other scenarios . ® Impacts to municipal budgets under Scenario 3 result in deficits of 0 . 7 % in the Village of Lansing, 5 . 2% in the Town of Dryden , and 7 . 2% in the Town of Lansing. Deficits are much smaller under Scenario 2 . ® Under accepted planning standards , adequate numbers of personnel and vehicles exist for firefighting and emergency medical services under all Scenarios . The number of police officers who serve the entire County currently falls short of planning standards , but if the officers in police agencies serving specific municipalities and organizations are factored in , there are more than the recommended numbers of officers . To the extent the number of officers serving the entire County falls below planning standards , this is an existing County-wide issue that is not attributable to the Project . The Project will not make this situation worse to the extent public sewers induce growth that simply displaces growth from one location within the County to another. m Under accepted planning standards , more than adequate amounts of park acreage are available to residents within the EIS Study Area under all Scenarios . ® Traffic impacts changed very little when Scenario 1 (existing growth rates) is compared to Scenarios 2 and 3 . There is very little change in traffic volumes at critical intersections throughout the area examined by the traffic model under all Scenarios . Two intersections are projected to experience significant declines in Level of Service , but such declines are expected even under Scenario 1 and thus are not attributable to the 20 Project . In addition , one stop sign-controlled intersection saw a change in Level of Service as a result of the Project . This intersection changed from an A to a B Level of Service . There is very little change in the overall link volumes in all Scenarios . • Public transportation services are not expected to be significantly impacted because the volume of growth attributable to the Project is relatively small . When considering proposed land use patterns , the relevant municipalities should nonetheless consider, where appropriate , mixed use development patterns that take advantage of or enhance transit connections . • Significant employment is projected under all Scenarios because of projected commercial development . This increased employment is a positive impact. However, the difference in employment numbers between Scenario 1 (the historical rate of growth) and Scenario 3 is relatively small . • Land projected to be converted to developed status under Scenarios 2 and 3 would result in significantly more land conversion over the 20-year planning period than has occurred over the past 10 years . This is not a significant impact , given that the planning period is twice as long as the 10-year benchmark. • If development in the EIS Study Area were to favor agricultural lands , as opposed to other vacant lands , significant conversion of agricultural lands could result . However, it is extremely unlikely that all development would occur on just agricultural lands . In addition , the Study Area contains relatively little of the total active agricultural lands within the Towns of Lansing and Dryden. Only 7 . 4% of the Town of Lansing's 12 ,073 acres of agricultural lands are in the Study Area; 11 . 2% of the Town of Dryden's 9 , 004 acres of agricultural lands are in the Study Area. To the extent public sewers will promote infill and development within the Study Area, the significant amount of agricultural land located outside the Study Area may feel less development pressure . For all of these reasons , the overall impact to agricultural lands in the Study Area municipalities could be adverse but is not expected to be significant . To the extent the affected municipalities wish to conserve agricultural and open space lands , they can explore mitigation measures through their local planning and zoning processes . Mitigation measures could include limiting the scope of uses and densities allowed on agricultural and open space lands , providing for the transfer of development rights , and providing for clustered subdivisions . • Population and commercial growth patterns in the region could be altered, but such impacts are difficult to quantify because they depend on a 21 myriad of personal and individual business judgments . The levels of population growth under Scenarios 2 and 3 are not of the scale likely to result in significant new commercial development in the region . The overall regional impact on agricultural land and open space is small because relatively small amounts of such lands are located in the EIS Study Area when compared to that available in the entire region . The Project will have a positive regional impact to the extent it will promote infill development in areas that are already partially developed , thus decreasing development pressures on undeveloped lands outside the Study Area . The Town of Ithaca Town Board Finds , based on the above information , that no significant growth-induced impacts will occur under any Scenario . The analysis will nonetheless be useful to the affected communities as a planning tool . The affected communities will be able to use the results of the analysis as they assess future growth in order to determine whether their zoning and planning policies are adequate or require revision. 6.20 Alternatives The Town of Ithaca Town Board Finds , based on the discussion and conclusions in Section 5 above and in this Section 6 , that the proposed Project best meets the Sponsor's objectives while minimizing adverse environmental impacts. 6.21 Intermunicipal Wastewater Agreement The Intermunicipal Wastewater Agreement sets out a framework for flow diversions and for coordination of operations between the VCHWTP and IAWWTP. It also contains proposed new service area boundaries for these two plants . Sufficient permitted capacity exists at the IAWWTP to accommodate the flow diversions described in the EIS . The Town of Ithaca Town Board Finds , based on the discussion and conclusions in Sections 4 and 5 above and in this Section 6 , that implementation of the Intermunicipal Wastewater Agreement and of the new service area boundaries are appropriate . With the mitigation identified in these Findings , any remaining environmental impacts will be acceptable and will be outweighed by the Project's benefits . 7. Certification Based on the foregoing, the Town of Ithaca Town Board certifies : That it has considered the relevant environmental impacts , facts and conclusions disclosed in the EIS . That it has weighed and balanced the relevant environmental impacts with social , economic and other considerations . 22 That it has provided a rationale for its actions ; specifically, it has weighed and balanced the relevant environmental impacts with social , economic and other considerations ; and made a determination that the significant benefits that will result from Proposed Actions outweigh the identified adverse environmental impacts given the measures that have been imposed by the Town of Ithaca Town Board in order to ensure the potentially significant adverse environmental impacts have been mitigated to the maximum extent practicable . That the requirements of 6 NYCRR Part 617 have been met . That consistent with social , economic and other essential considerations from among the reasonable alternatives available , the Ithaca Area Municipal Wastewater Collection Improvement Project is the alternative that avoids or minimizes adverse environmental impacts to the maximum extent practicable , and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable . 23 Year . End Town Board Meeting .ATTACHMENT # 3 %Bade 8 JOINT SEWER AGREEMENT City of Ithaca — Town of Ithaca — Town of Dryden December _, 2003 [Original date : December 22 , 1981 ; first amended April 11 , 1984] This Agreement dated this _day of December, 2003 . BETWEEN, the City of Ithaca, a municipal corporation of the County of Tompkins and State of New York, and The Town of Ithaca, a municipal corporation of the County of Tompkins and State of New York, and The Town of Dryden, a municipal corporation of the County of Tompkins and State of New York, WITNESSETH : INTRODUCTION WHEREAS , before 1987 the City of Ithaca provided sewerage service for portions of the Town of Ithaca and Dryden on a contract basis, providing for the conveyance of sewage through its sewers and the treatment and disposal of the sewage at its then-existing wastewater treatment plant, and WHEREAS , the pre- 1987 City of Ithaca treatment facilities became inadequate to meet the effluent quality requirements of the New York State Department of Environmental 1 Conservation and the U . S . Environmental Protection Agency, and the plant did not have adequate capacity to meet future requirements of the municipalities, and WHEREAS , the New York State Department of Environmental Conservation and U. S . Environmental Protection Agency ordered the facilities be improved and provided grant funds to assist in carrying out the necessary improvements, and WHEREAS , benefits of a new plant included improvement of the environment of not only the service area but also of Cayuga Lake and the streams of Tompkins County, and WHEREAS , the respective legislative bodies of said municipalities determined it to be in the best interests of their respective municipalities to construct, own and operate a single wastewater treatment and disposal facility, and they jointly constructed the Ithaca Area, Wastewater Treatment Facility, which began operating in 1987 , and WHEREAS , the City of Ithaca, Town of Ithaca, and Town of Dryden now jointly own . and operate the Ithaca Area Wastewater. Treatment Facility pursuant to a Joint Sewer Agreement dated December 22 , 1981 , and amended on April 11 , 1984, and WHEREAS , by this document, the Parties hereby further amend the Joint Sewer Agreement to update its provisions , amend the service area, and resolve outstanding disputes over its implementation; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained and pursuant to Article 5 -G of the General Municipal Law, it is hereby agreed by and between the Parties as follows : 2 Section 1 . Definitions and Scope 1 . 1 These words and phrases shall have the following meanings : A. Agreement. This Joint Sewer Agreement. B . Effective Date of this Agreement. The date on which this Agreement is fully executed by all the Parties . C . Excess Capacity. A Party shall be deemed to have Excess Capacity if its allocation of Permitted Capacity exceeds One Hundred Ten percent of its maximum monthly average flow over the previous five (5 ) years . Notwithstanding the foregoing, no Party shall be deemed to have Excess Capacity if its maximum monthly average flow over the previous five-year period is within Two Hundred Thousand (200,000) gallons of its allocation of Permitted Capacity. D . Flow meter. A device that measures the flow rate and volume of sanitary sewage and provides a record of the flow data on a continuous basis . E. O&M . Operation and maintenance . F . Party and Parties . "Party" means one of the Parties . "Parties" means the three municipalities that are signing this Agreement, collectively. "Party" shall always refer to a municipality, not the Special Joint Committee or a municipality ' s representatives to the Special Joint Committee . G. Permitted Capacity. The maximum 30-day average flow that the Parties ' SPDES Permit allows the Treatment Plant to accept. H. SPDES Permit. The State Pollutant Discharge Elimination System Permit issued to the Parties by the New York State Department of Environmental Conservation. 3 I . Treatment Plant. The Ithaca Area Wastewater Treatment Facility, including all related jointly used equipment and facilities, regardless of where such are located, but excluding jointly used interceptors and jointly used sewer lines . 1 . 2 The Parties jointly constructed and operate the Treatment Plant to meet their needs . Wastewater will be accepted from the designated service area that is shown in the map in Appendix I . This service area is hereby amended to include the entire area of the Town of Ithaca (including the Village of Cayuga Heights), the entire area of the Village of Lansing, and the areas in the Towns of Lansing and Dryden as shown in the map in Appendix I . Flows originating from the Village of Cayuga Heights, which lies wholly within the Town of Ithaca, shall be deemed to be Town of Ithaca flows . Flows originating from the Village or Town of Lansing may be accepted at the Treatment Plant and paid for by one of the Parties under the concept of "equivalent flows" described in the Intermunicipal Wastewater Agreement dated , 2003 . The Parties agree to provide for the operation and maintenance of the Treatment Plant pursuant to the terms and conditions hereinafter set forth, and as set forth in the Sewer Use Ordinance adopted by each of the Parties, as it may be amended from time to time. 13 The Parties are not unmindful of and do acknowledge the interest of certain other entities which have a special interest in this Agreement and the Treatment Plant, as follows : ( 1 ) The County of Tompkins requested that consideration be given to include facilities in the Treatment Plant to provide for the receipt, treatment, and disposal of septage produced within the County. The STEP I Facilities Plan included such facilities and the STEP II Design included the septage facility. The Parties have entered into a separate joint agreement with the County of Tompkins to construct, operate and maintain this service ; (2) Under the present rules of the U. S . Environmental Protection Agency, 4 wastewater from certain industries within the service area of this Agreement may require special permits . The Parties adopted the Sewer Use Ordinance and implemented the Industrial Pretreatment Program set forth in the adopted Pretreatment Report prepared under Federal Project No . C -36- 1095 -01 -2 in June 1983 , and hereinbefore approved by the Parties in May 1983 . The Sewer Use Ordinance and Industrial Pretreatment Program have been modified since their initial adoption and will continue to be modified as necessary. (3 ) All Parties agree that no other public wastewater collection and treatment system shall be activated by any Party to serve the service area until the bond issues for the Treatment Plant ' s phosphorus treatment upgrade project referenced in Section 2 have been paid in full , without the consent of all Parties . Section 2 . Duration 2 . 1 The terms of this Agreement shall be for a period equal to the terms of the Serial Bonds which are to be issued in connection with the financing of the New York State Environmental Bond Act phosphorus treatment upgrade project at the Treatment Plant, unless otherwise modified and amended by the Parties to the Agreement. 2 . 2 This Agreement, as it may have been modified from time to time , shall be renewed by the Parties on such terms as they may agree upon. If any of the Parties wishes to terminate its participation in the Agreement and Treatment Plant at the expiration of the original or renewal term, it must give written notice to the other Parties at least four (4) years prior to the expiration of such term, which notice shall contain the reason for such termination. 5 23 In the event that the election to terminate is exercised as above provided, the assets of the joint operation shall be disposed of by agreement of the Parties hereto upon agreed valuation on the basis of ownership interests as herein provided. Section 3 . Title to Propert y 3 . 1 Title to all real property and improvements thereon, including the Treatment Plant site location and other facilities , shall vest in the Parties hereto as tenants in common in the same proportions as their respective Treatment Plant ownership interests . Section 4 . Rijzht=of--way and Tax Exemption 4. 1 It is specifically agreed during the duration of this Agreement that the real property and improvements, including any intermunicipal interceptor, trunk line or lines, located within each Party ' s jurisdiction shall be entirely exempt from real property taxation by said Party and each Party agrees to said exemption, and each Party has adopted a Tax Exemption Resolution provided under Section 406 of the Real Property Tax Law. Section 5 . Type of Treatment Plant and Improvements 5 . 1 This Section 5 and Section 6 below are included in this Agreement for historical purposes . The Parties acknowledge that the design, type, size , and specification of the Treatment Plant, including site development, trunk lines, improvements and other equipment were built as recommended by the Consulting Engineers Stearns and Wheler and as approved by the respective governing bodies of the Parties and by the New York State Department of Environmental Conservation and the U. S . Environmental Protection Agency. 6 Section 6 . The Facilities Plan 6 . 1 The Parties acknowledge that they substantially accepted the STEP I Facilities Plan prepared by Consulting Engineers Stearns & Wheler as approved by the U. S . Environmental Protection Agency and the New York State Department of Environmental Conservation and the fees paid to the Consulting Engineers and others (as a part of the STEP I facilities planning) were included in the capital costs of the project as herein mentioned. The cost of the STEP I Sewer System Evaluation Survey was covered in a separate agreement. 6. 2 The Parties thereafter proceeded with the STEP II Design and designated the Consulting Engineering firm of Stearns and Wheler to carry out the work. The legitimate costs of said work were included in the capital costs of the project. Section 7 . Capital Costs 7. 1 It is mutually agreed between the Parties that capital costs for the Treatment Plant and other jointly owned facilities as hereinafter set forth, shall be allocated, borne and paid by the respective Parties in proportion to the Parties ' respective allocations of Permitted Capacity as set forth in the SJC ' s records and Appendix 1I of this Agreement. 7 . 2 Capital costs shall include all of the following: A. Planning fees and costs . B . Professional Engineering fees . C . Cost of land acquisition for plant site and other joint facilities. D . Construction and reconstruction costs of the Treatment Plant including site preparation, demolition, and existing facility deactivation of all eligible reimbursable items . 7 E . Remaining debt on original plant equipment and facilities owned, by the City of Ithaca whether or not included in the new Treatment Plant as listed in Appendix III . F . Flow meters for determining operational cost allocation hereinafter set forth. G . Attorney and legal fees, administrative expenses . H. Such other expenses ordinarily connected with the construction, establishment, and reconstruction of a joint wastewater treatment facility but specifically excluding the respective laterals and internal sewer systems of the Parties . I . Financing and interest costs . J. Cost of equipment required to implement the Industrial Pretreatment Program. 73 Capital improvements and equipment with a useful life in excess of five years shall be subject to the approval of each of the Parties prior to initiation of such improvements or acquisition of such equipment. 7A Notwithstanding the foregoing, capital costs shall not include costs related to jointly used interceptors and sewer lines . Those costs are dealt with in a separate agreement between the City of Ithaca and Town of Ithaca dated 12003 , Section 8 . Pre-Agreement Costs 8 . 1 This Section 8 is included in the Agreement for historical purposes . The City of Ithaca received a credit adjustment towards its share of capital costs for the land and 8 rights-of-way which it acquired and owned, and for the buildings thereon (including equipment and apparatus) , which were transferred from the facilities solely owned and operated by the City of Ithaca, to the project and the facilities which are jointly owned under this Agreement. 8 . 2 The amount of the credit adjustment for land, buildings, equipment, and apparatus was in the amounts set forth in Item 4 under the heading, "Anticipated Local Capital Costs" of Appendix III . 83 In addition to the aforementioned credit to the City for its contribution of land, equipment, buildings and apparatus toward the project, further credit was allowed to the City for expenses that it incurred for the Plan of Study, the Maximum Efficiency Evaluation for Wastewater Treatment Facilities Report, and STEP I work (exclusive of SSES which is covered by a separate agreement) which had not otherwise been shared in by the other Parties . 8 . 4 The Town of Ithaca provided a recording secretary and received credit for such costs in support of the Sewer Service Planning Committee . Section 9 . Financing — Capital Costs 9. 1 Each respective Party shall be responsible for financing its respective share of the capital costs . The Parties may jointly or individually apply for Federal or State grants for all or a portion of their share of capital costs, whichever may be most advantageous to said Party. 9. 2 These respective amounts , or such portion thereof as may be needed during construction or reconstruction, shall be provided by each respective Party upon warrants 9 e issued therefore by the Project Fiscal Officer hereinafter designated and charged with the expenditure of funds for capital projects under the terms of this Agreement. 93 It is mutually agreed that the Chief Fiscal Officer of the City of Ithaca or his/her :Deputy be and he/she hereby is designated Fiscal Officer for capital projects for the Parties for the purpose of receiving and paying out funds pursuant to this Agreement upon his/her filing with the Towns of Ithaca and Dryden, in addition to his/her official bond filed with the City of Ithaca, a bond in the penal sum of $300 ,000 in favor of the Parties , conditioned upon his/her faithful performance and discharge of the trust imposed upon him/her. The Fiscal Officer shall deposit all moneys received from the respective Parties in separate accounts in one or more banks or trust companies authorized by law to receive deposits of funds on behalf of the respective Parties . No expenditures shall be made from said special account or accounts except after an audit according to normal auditing and payment procedures of the Parties and in accordance with provisions of Section 119-o of the General Municipal Law of the State of New York. Section 10 — Operation and Operating_Expenses 10 . 1 The Parties agree that the City of Ithaca through its Department of Public Works shall operate and maintain the Treatment Plant in a manner consistent with parameters defined in the SPDES Permit. Matters pertaining to the selection, appointment, direction and administration of employees or personnel matters , collective bargaining or labor negotiations are the sole prerogative of the City of Ithaca, and appropriate expenses relating to same are covered below . Procedures for the selection of the Chief Operator are specified in Section 13 below. 10 10 . 2 All the Parties to this Agreement shall be named as permitees on the SPDES Permit for the Ithaca Area Wastewater Treatment Plant. 10. 3 Operation and maintenance ("O&M") costs shall include operating costs for managing, repairing and maintaining all jointly used facilities and equipment at the Treatment Plant, and other operating costs related to the Treatment Plant, including insurance, legal , engineering, bookkeeping and auditing expenses ; salaries and benefits for personnel assigned to work at the Treatment Plant; expenses for services that may be contracted out; utility costs, fuel , supplies, parts , and materials ; all incidental expenses for operation, management, inspection, maintenance , and repair; SPDES Permit fees and costs of monitoring Cayuga Lake required by the SPDES Permit; and the operating costs of the Industrial Pretreatment Program. 10 .4 Notwithstanding the foregoing, O&M costs shall not include costs related to jointly used interceptors and sewer lines . Those costs are dealt with in a separate agreement between the City of Ithaca and Town of Ithaca dated 2003 . 10. 5 For the Treatment Plant ' s 2004, 2005 and 2006 fiscal years, the O&M budget shall be increased each year by ten percent ( 10%) to account for the indirect expenses City departments incur in providing services to the Special Joint Committee (see Section 13 below) and the Treatment Plant. No other City department expenses or overhead may be charged to the O&M budget without the written agreement of the Parties . The cost of repair and maintenance performed by City personnel will be charged as a direct actual expense . Beginning with the Treatment Plant ' s 2007 fiscal year budget, the Parties shall agree in writing on a new overhead percentage rate or other method of reimbursement, 11 e with such agreement to be based on the results of the Operations Review Committee ' s review of City department services (see Section 13 . 6( 16) below). It is the Parties' intent to determine the overhead rate for fiscal year 2007 and subsequent years well in advance of the preliminary budget presentation for fiscal year 2007 . If the Parties do not agree on a rate for fiscal year 2007 and beyond, then the 10% rate shall apply. The actual overhead charge each year will be based on the applicable percentage (as set forth above) of actual approved O&M expenses net of overhead and debt service. 10 . 6 The Parties agree that the O&M expenses for the operation of the Treatment Plant, including the operating costs of the Pretreatment Program, shall be apportioned based on annual sewage flow as described below, in Appendix IV and as projected by the annual budget. 10. 7 The flow shall be measured in so far as feasible by means of flow meters on the trunk lines from the Towns of Ithaca and Dryden as provided in Section 18 . 3 below . 10. 8 The measurement of strength of the sewage, if and when required, shall be determined by accepted engineering standards . The formula, frequency of sampling and means of measuring the strength of the sewage shall be as agreed upon by the governing bodies of the Parties . 10 . 9 The Chief Fiscal Officer shall collect O&M charges by means of an annual prospective budget and assessing each Party on the ratio as hereinabove provided and under the formula thereafter promulgated. 10 . 10 Nothing herein shall prevent the respective Parties from raising, in addition to said O&M assessment, such amounts in addition thereto sufficient to amortize their 12 respective capital costs or to assess a surcharge to pay for the maintenance of their individual systems . 10 . 11 Each Party agrees to pay its share of the annual budget in four equal installments, payable January 15th, April 15th, July 15th and September 15th of each year. Quarterly assessments not paid by a Party by the due date will bear interest, compounded monthly, at the quarterly rate set by the Internal Revenue Service and in effect on the date the payment was due, until paid. In the event a Party shall fail to pay its respective assessment for O&M costs, or any installment thereof when due, the other Parties shall have the right to compel payment of same under provisions of law. 10 . 12 The annual budget of the Treatment Plant shall include an item for contingencies . If during any year the assessment shall be insufficient to defray the O&M costs during said year, the Chief Fiscal Officer shall recommend an amended budget and assessment which shall be reviewed, adopted and paid in the same manner as the yearly assessment. 10 . 13 . The Parties agree that they will maintain an unappropriated O&M fund balance equal to 20% of the previous year ' s actual expenses, but in no case less than $400 ,000 . 00 . Section 11 . Responsibility for Damages and Claims 11 . 1 In the event any liability is asserted against any of the Parties hereto arising out of the construction, operation, or maintenance of the Treatment Plant, the Parties shall be jointly and severally liable for the defense and payment of any such claims. 11 . 2 The liability shall be apportioned among the Parties in proportion to the interests of each Party in the Treatment Plant or in accordance with such other methods as the Parties may agree . Insurance against any such possible liability for protection and benefit 13 of the Treatment Plant and each separate Party shall be procured and maintained, and the premiums for any such insurance coverage shall be included in the cost of the operation and maintenance of the Treatment Plant and included in the budget assessed against each Party each year in the manner set forth in Appendix IV . Section 12 . Outside Users 12 . 1 The use of the Treatment Plant provided for in this Agreement shall be limited to the area defined in the amended service area (see Appendix I) . No modification of the service area or the connection to the Treatment Plant of new sewer service outside the amended service area shown in Appendix I shall be permitted without the approval of an amendment to this Agreement providing for the service area modification. The amendment shall require the consent of all the governing bodies of the Parties hereto . Such joint consent of the governing bodies of the Parties hereto shall be by a majority vote of the voting strength of the respective governing bodies . Section 13 . Special Joint Committee 13 . 1 Oversight of the joint Treatment Plant operation will be by a committee established by the Parties . This committee shall be called the Special Joint Committee ("SJC") . 13 . 2 The SJC will have eight members . The City shall appoint four (4) members, at least two (2) of whom shall be Common Council members . The Town of Ithaca shall appoint three (3 ) members, and the Town of Dryden shall appoint one ( 1 ) member. The Town of Ithaca in its sole discretion may from time to time choose to appoint only two (2) members and allocate its remaining appointment to the Town of Dryden, so that the 14 Town of Dryden will appoint a total of two (2) members . At least one of each Town ' s appointees must be an elected official from its governing body. 13 . 3 The SJC will elect its own chairperson annually and shall establish scheduled monthly meeting dates to provide for timely referrals to the Parties ' respective boards or governing bodies . No chairperson shall serve for more than two consecutive one-year . terms but may be re-elected after a minimum of a one-term period has elapsed since that person last served as chairperson. 13 . 4 The charge of the SJC shall be to oversee operations of the Treatment Plant, including budget as described in Section 14 below . The SJC shall refer matters to the Parties ' respective boards or governing bodies upon a majority (5 votes for) recommendation of the SJC . Matters so referred to the Parties ' boards or governing bodies shall be acted on within 30 days of referral . Those recommendations that are accepted by the Parties ' boards or governing bodies shall then be implemented accordingly. Those recommendations that are either rejected or not acted upon within 30 days, or that reach an impasse in the SJC , shall then be referred to the Chief Fiscal Officer who shall convene a meeting of the Mayor, City Superintendent of Public Works, the Town of Ithaca Supervisor, and the Town of Dryden Supervisor, who shall attempt to resolve the matter. The matter shall be so resolved by a unanimous agreement of these officials . Where there is not unanimity, the matter shall be referred to the Parties for resolution . 13 . 5 One member of the SJC or another person so designated by the SJC shall serve as Secretary for the purpose of providing meeting notices , recording and distributing 15 minutes of the meetings, and other administrative duties. Each member shall have the right to present agenda items for discussion. 13 . 6 The SJC shall have the following authority, power and duties : ( 1 ) Establish the administrative procedures for administration of the Agreement and for the billing of charges to the Parties . (2) Discuss and audit the billings prior to submission for payment. (3 ) Discuss and negotiate any matters of mutual interest in relation to this Agreement. (4) From time to time, make recommendations to the Parties regarding the Agreement. (5 ) Administer the Reserve Capacity set-aside . (6) Negotiate equitable charges for services rendered to each other or jointly. (7) Review applications for new service connections as appropriate to assure accomplishment of the primary objectives of the Pretreatment Program. (8) Monitor master flow meters . (9) Arrange for the enforcement of Sewer Use Laws and Regulations and the Pretreatment Program. (a) It shall be the responsibility of the SJC to review the effectiveness of the Sewer Use Laws and Regulations and the Pretreatment Program and their enforcement by the duly authorized municipal officials . It shall report periodically on the foregoing matters to the City ' s Board 16 of Public Works and to the respective Town Boards of the Towns of Ithaca and Dryden and shall furnish such information and data as may be required by the Board of Public Works or the Town Boards . (b) The City and the Towns have the primary responsibility for monitoring industrial wastewater and enforcing applicable laws and regulations within the jurisdiction of each such municipality, within their respective areas . In order to provide an orderly, effective monitoring and enforcement program, the City ' s Sewer Superintendent of the Treatment Plant or his duly authorized representative shall have the authority ( 1 ) to sample and monitor industrial discharges throughout the sewer service area in collaboration with the City Superintendent of Public Works (in those cases where the discharge into the sewer collector system originates in the City) and the municipal engineer of the other respective municipalities where such discharge originates ; and (2) to enforce the Sewer Use Laws and the Pretreatment Program and regulations in collaboration with the municipal officials as provided in the preceding subparagraph ( 1 ) . (c) The status of all violations shall be immediately reported to the SJC , which shall promptly recommend whatever further action may be required to correct or stop any violation, to the Mayor or the Town Supervisor of the 17 municipality in which the violation occurred. If legal action is required, the matter shall be promptly referred to the attorney of the municipality in which the violation occurred, or to such other attorney duly authorized to take such action . The municipal attorney concerned shall have the authority to initiate proceedings when immediate action is required. ( 10) Submit periodic and annual reports to the Parties . ( 11 ) Notify the governing bodies in relation to any claims, demands, disputes, differences, controversies and misunderstandings which cannot be resolved by arbitration and negotiation. ( 12) Administer the agreement with Tompkins County on the financing of the capital cost of the septage facility and the methods of the recovery of the capital and operating and maintenance costs for same. ( 13 ) From time to time hold public hearings as necessary. ( 14) From time to time review the Operating and Maintenance Manual . ( 15 ) Whenever the Chief Operator position becomes vacant, establish a Chief Operator selection committee comprised of representatives from the SJC . The selection committee shall review, and may interview, candidates for the position and make recommendations to the full SJC as to a preferred candidate . If the candidate is acceptable to the SJC , the SJC shall transmit this recommendation to the City ' s appointing officer, who shall have the sole discretion to make the final hiring decision. If the City does not hire the SJC ' s recommended candidate , the City shall provide the SJC with a written justification of why it did not do so. 18 ( 16) Establish an Operations Review Committee (ORC) consisting of one representative from each Party to inform and educate the SJC about the services City departments provide to it and the Treatment Plant . Documentation from the ORC will include estimates of the allocation of City department time spent on work related to SJC and Treatment Plant matters . The ORC shall review the services provided by two selected City departments in each of the fiscal years 2004, 2005 and 2006 . Thereafter the ORC shall review one City department each year. A plan for the review of the designated departments shall be prepared by the ORC , and presented to and approved by the SJC , prior to the review taking place . Such reviews could include, among other things, site visits to the offices of the relevant departments, receipt of information from City departments about work performed for the SJC and Treatment Plant, and reviews of operating structures and costs for services provided by the City for the Treatment Plant. City departments are not expected to maintain or provide to the ORC formal time records for time spent on work related to SJC and Treatment Plant matters . All reports presented by the ORC shall be subject to approval by the SJC . ( 17) Recommend to the governing bodies of the Parties the adoption of regulations to implement any of the foregoing powers and duties . Section 14 . Budgets, Audits and Reports 14 . 1 Budget estimates for the joint Treatment Plant operation for the next fiscal year will be submitted by the Superintendent of Public Works to the SJC by July 1 of each year. By September 1 of each year, the SJC will submit a recommended budget to the 19 Parties ' respective governing bodies . The City ' s Common Council will hold a public hearing on the Treatment Plant ' s proposed budget each year as part of the City ' s budget process . The Treatment Plant ' s budget will be separately stated from the rest of the City ' s budget. The governing bodies for all Parties will thereafter vote on whether to approve the Treatment Plant budget. If all Parties do not approve a budget, the Treatment Plant will operate under the previous year ' s budget, except monetary amounts shall be shifted among budget lines as necessary to assure the Treatment Plant meets all permit and other legal requirements. 14 . 2 The books and records for the joint Treatment Plant operation will be audited annually by an auditor selected by the SJC in consultation with the City Controller. The auditor shall submit a copy of the audit report to the SJC for information and for use in future budget discussions . The City Controller will submit the audit and required reports regarding the joint Treatment Plant operation to the New York State Department of Audit and Control . To the extent permitted by the State, the City Controller will submit the audit and reports separately from those submitted for City operations . The costs of the annual Treatment Plant audit shall be included in the O&M budget as a separate line item . Section 15 . Approvals Required 15 . 1 This Agreement shall be effective upon its full execution by the Parties . Notwithstanding the foregoing, the portions of this Agreement which represent changes in the governance structure from the 1984 version of the Joint Sewer Agreement shall be effective upon full execution of the Parties and approval by the U. S . Environmental Protection Agency. 20 Section 16 . Concurrence of Parties 16 . 1 Unless otherwise provided herein, whenever the agreement of each Party is required under this Agreement, such agreement shall be required to be approved by a majority vote of the voting strength of the respective governing bodies of said Parties . Section 17 . Amendments 17 . 1 This Agreement may be modified or amended by an instrument in writing, duly executed and acknowledged by the duly authorized representatives of each Party, upon approval by majority vote of the voting strength of the respective governing bodies of said Party. Section 18 . Capacity 18 . 1 . As of the Effective Date of this Agreement, the Treatment Plant ' s Permitted Capacity and Excess Capacity will be allocated among the Parties as set forth in Appendix II . The SJC shall keep track of purchases and sales of capacity after the Effective Date of this Agreement. As the Parties do not intend to amend Appendix II each time there is a purchase and sale of capacity, they agree that the SJC ' s figures shall be the official record of each Party ' s allocation of Permitted Capacity and Excess Capacity and shall supercede Appendix 11 once there has been a purchase and sale of capacity. At a minimum, the SJC shall review each Party ' s usage of capacity and the amount of each Party ' s Excess Capacity each year as part of the budget process for the joint operation and agree on a new Appendix I1 . No Party shall use more than its allocation of permitted capacity. 18 . 2 . A Party shall be deemed to need additional capacity if its allocation of Permitted Capacity is less than One Hundred Ten percent ( 110%) of its maximum monthly average 21 flow over the previous five (5 ) years . Each Party shall determine its maximum monthly average flow by using data from master flow meters maintained by the SJC and, if necessary, information from other appropriate system monitoring. The SJC shall ensure that flow meter readings are updated by June 1 of each year as budgets are being prepared for the joint operation. Any Party deemed to need additional capacity shall purchase it pursuant to the terms of Section 18 .41 18 . 3 . At a minimum, flow meters shall be placed, where feasible and practical , on the Parties ' trunk lines and diversion mains where they enter the City of Ithaca ' s system. The flow meters shall be used for determining maximum monthly average flows under this Section. It is the intent of the Parties also to use these flow meters to determine annual flows for O&M allocation purposes under Section 10 above . The Parties shall estimate flows through those interconnecting sewers where flow meters are not available . The estimates may be based on the use of water meter readings, plus a factor for infiltration and inflow where applicable . Appendix V shows the location of the flow meters the Parties will use as of the Agreement ' s Effective Date. The Parties anticipate the methodology and flow meter locations may change as technology changes and as collection system owners reduce infiltration and inflow, which will reduce peak flows to the Treatment Plant. As methodologies, flow meter locations and infiltration/inflow contributions change , the Parties ' Excess Capacity allocations will change and will be reflected in the SJC ' s records and Appendix II. The SJC shall review the methodology and flow meter locations at a minimum on an annual basis as part of the budget process for the joint operation and shall agree on a new Appendix when the methodology or flow meter locations need to be changed. Flow meters at new locations will be paid for by the Party extending the sewer lines . Existing flow meter replacement will be scheduled by 22 the SJC as part of the annual budget process . A separate line item will be established for flow meter replacement. Cost sharing for repairs and replacement will be on the basis of shares of plant ownership . Specifications for new flow meters and flow meter replacements will be approved by the SJC . 18 . 4 . A Party that needs additional capacity may purchase it from Parties that have Excess Capacity if the purchasing Party and selling Party or Parties can reach agreement on the price for the capacity. All Parties with Excess Capacity have the right to participate in the sale but are not obligated to do so. 18 . 5 . A Party that does not need additional capacity may nonetheless purchase it from other Parties if the selling Parties have Excess Capacity and are willing to sell it to the purchasing Party at an agreed-upon price . All Parties with Excess Capacity have the right to participate in the sale but are not obligated to do so. Each participating Party shall sell the purchasing Party a proportion of the requested capacity, which proportion shall be equal to that Party ' s Excess Capacity divided by the total Excess Capacity of all of the participating selling Parties . 18 . 6 . Excess Capacity may be purchased and sold in blocks of any size . 18 . 7 . A Party requesting the purchase of capacity shall submit its request in writing to the SJC . The SJC shall notify the Parties ' respective municipal clerks of the pending request within ten ( 10) business days of receipt of the request. Before the purchase of capacity by a Party that needs additional capacity, the purchasing Party shall submit to the SJC an engineering report and Tompkins County Health Department approval, where Health Department approval is necessary, that demonstrate to the SJC ' s satisfaction that the purchasing Party is buying enough capacity for its projected needs . 23 18 . 8 . The Party purchasing the capacity shall pay each Party selling the capacity a lump sum payment equaling the value of the capacity provided by that Party, which shall be calculated by using the purchase price voluntarily agreed upon. The purchasing Party shall make the payments before using any of the capacity it is purchasing. 18 . 9 . Unless the Parties unanimously agree otherwise, and subject to Section 18 . 10 below, the Parties shall expand the capacity of the Treatment Plant when the SJC projects that ninety-five percent (95 %) of Permitted Capacity will be used by the end of a three- year period. Once this threshold is actually reached, no capacity sales or extension of sewer lines shall take place until the Permitted Capacity is expanded or modified to accommodate the additional flows . The SJC may also recommend, and the Parties may agree, to prohibit increases in flows from users to the Treatment Plant until Permitted Capacity is expanded or modified to accommodate the increased flows. 18 . 10 . Notwithstanding the foregoing, a Party may elect not to participate in a capital project to expand the Permitted Capacity, in which case it shall not be required to pay for the project or co-sign any related financing, including bonds . The non-participating Party shall not have any ownership interest in, nor utilize , the expanded capacity unless and until the non-participating Party buys some of that capacity from another Party or Parties . 18 . 11 . If a Party uses more than its allocation of capacity, any other Party may seek relief in the Supreme Court of the State of New York in Tompkins County, New York, to enjoin such use and/or to compel the purchase of additional capacity, consistent with the terms and conditions of this Agreement. 24 Section 19 . Disputes Resolved 19 . 1 If a Party violates any term of this Agreement, any other Party may seek injunctive relief, damages and/or other appropriate relief in the Supreme Court of the State of New York in Tompkins County, New York. 19 . 2 The Parties agree that this Agreement resolves, and the Parties hereby release each other from, all issues, claims , demands, causes of action, damages and costs that may have arisen before the Effective Date of this Agreement regarding matters related to the 1984 Joint Sewer Agreement, including but not limited to O&M charges, O&M payments, and service area extensions . In Witness Whereof, the Parties hereto have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals the day and the year first aforementioned. City of Ithaca Date : _ By : Alan J. Cohen, Mayor City of Ithaca, New York Town of Ithaca Date : _ By : Catherine Valentino, Supervisor Town of Ithaca 25 Date : By : Will Burbank, Councilperson Town of Ithaca Date : By : Carolyn Grigorov, Councilperson Town of Ithaca Date : By : David Klein, Councilperson Town of Ithaca Date : By : William Lesser, Councilperson Town of Ithaca Date : By : Thomas Niederkorn, Councilperson Town of Ithaca Date : By: Mary Russell , Councilperson Town of Ithaca Town of DUden Date : By : Mark Varvayanis, Supervisor Town of Dryden 26 Date : By : Deborah Grantham, Councilperson Town of Dryden Date : By : Charles Hatfield, Councilperson Town of Dryden Date : By : Christopher Michaels , Councilperson Town of Dryden Date : By : Stephen Stelick, Jr. , Councilperson Town of Dryden 27 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the day of in the year 2003 before me , the undersigned, a Notary Public in and for said State , personally appeared Alan J. Cohen, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Catherine Valentino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Will Burbank, Carolyn Grigorov, David Klein, William Lesser, Thomas Niederkorn and Mary Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged tome that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 28 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the J day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Mark Varvayanis, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Deborah Grantham, Charles Hatfield, Christopher Michaels and Stephen Stelick, Jr. , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 29 APPENDIX I SERVICE AREA MAP (Attached) i i { irr _ r ! f.•N J. r . f: lr , rrr` , f� /i -i ` + r . � . IT 1''%%'�f Jr' r � N f/r ! r � f�-�� /��% /r . •t'• !! J - r j��f�/ �r !r /`/ f M/// / / ,�J� �� - /Ai 1 ��1//�11 • r /fr -rr sf / s ;��/// � S . % ��f✓r %�% ffr !/ y,{ rr iJ . .... . // rr L �rr /i/ il! J ! r - r r I;/, IJfJ�/�i .'i:, �l' / % r% /' i . OEM /, /� •;// ://, " -r//J///: r //�r // � f/� -Jr1%// i!/ter'1/��1fJ jJ r �ri / ! rim � ! r .�1(! �/ /� / � ♦� r / f!// / r "fo, f. I/C lr J� � //lr r •// / r J l S. f J P/ J / / ,� ,/ l,r ,//fJ/J ! � , , +t+ � r / / /•! / f �»li i !/ r /. /f 9 rf r ! .< .r / / r ' J. F- . � ✓� �/.. �r'J'�•' r,iT' .'e-I' f i.` i:'^c' . rif:.:: - �" eilf�/. •rJ' - .� /�� !/IlJ• /,f�• / fr ! 1./ / J r rlrl.'Jlr ii,� • = f�./ Ir fi s�!1f i. �. / f / � / ! �.r - 1 r . .' ']J •:/ Jrff JJyi - + r - . It i/J f fJ% r•,!! !s f/ d ,, jfI'V f r1i Ji/ ' J / I Appendix II Permitted Capacity and Excess Capacity Allocations Distributed Excess Capacity (MGD) Peak Approx. Flow Appx Plant Permitted Excess Plant Plant Contributor Usage Est. Ownership Capacity Capacity IAWWTP City of Ithaca 65 % 5 . 80 57 . 14% 7 .48 1 . 68 Town of Ithaca 333 % 2 . 97 40 . 88% 5 . 36 2 . 39 Town of Dryden 1 . 7% 0 . 15 1 . 98% 0 . 26 0011 100% 8 . 92 100% 13 . 10 4 . 18 Check : 8 . 92 + 4. 18 = 13 . 10 O . K. Notes : 1 ) Plant usage numbers are based on several years of recent plant billings, e .g. city billings for plant operations : 2002, 63 .4% ; 2001 , 65 . 3 % ; 2000, 64 . 7%; 1999 , 65 . 5 % ; 1998 , 65 . 7%, 2) It is assumed that plant billings for operational expenses are derived from figures for plant usage and that usage is proportional to flows . Any user that was being surcharged for special loadings (chemical, biological or solids) is not reflected here . 3 ) Peak flow estimates are based on plant usage estimates and the total peak flow of 8 . 92 MGD . The peak flow is the average of the peak month flow for each of the last five years. In this case, the years 1996 to 2000 produced a peak flow of 8 . 92 MGD . WJG 12/03 ii [NOTE : THIS APPENDIX IS REFERENCED IN THE AGREEMENT AND IS RETAINED FOR HISTORICAL PURPOSES ONLY.] APPENDIX III TITLE OF PROPERTY AND CAPITAL COST APPORTIONMENT All costs associated with new plant and site for the hypothetical first year NO-GROWTH PLANT will be apportioned by fixed percentages based on the previous .year now records of contributions from respective municipalities and load factors for major industry and septage . The reserve capacity of the new plant and proportionate share of the site would be apportioned by fixed percentages based on growth projections for the respective municipalities for the year 2005 as indicated in the Facilities Plan and on additional load factors for major industry and septage . At the time the fixed percentage of reserve capacity is reached by any municipality or industry, additional capacity shall be made available as needed from the remaining reserve capacity. Each municipality or industry with remaining reserve capacity shall provide the needed capacity by a proportion equal to their remaining reserve capacity over the total remaining reserve capacity and be reimbursed for same in "dollars of that year" i . e . , future worth by the municipality requiring the additional capacity. Any reduction of flow values from any entity, while not affecting the fixed percentages paid for the first year plant, will act as a credit for capacity to that entity and always be used before additional reserve capacity. ( See Scheme III for a more detailed explanation. ) Scheme III is made a part of this Agreement. ANTICIPATED LOCAL CAPITAL COSTS 1 . 30 YEAR BONDING PERIOD iii 2 . INTEREST RATE — 9 1/2% 3 , LOCAL LENDING FOR NEW CONSTRUCTION - $41300 ,000 4. LOCAL EXPENSES FOR EXISTING PLANT AND LAND a. Based on Edward W. Austin 6/80, Land Appraisals Parcel IV . . . . . . . . . . . . . . . . . . . . $206, 500 LAND $2069500 b . Based on Edward W. Austin 6/80, Land Appraisals American Appraisal 6/79, and Federal Funding $286,000 x . 50 = Facilities on Parcel IV . . . . . . $ 143 ,000 Remaining Debt non- Reusable Parts . . . . . . . . . . . 50 , 500 BUILDINGS 193 ,500 LAND PLUS BUILDINGS TOTAL $400 ,000 5 . PROJECT LOCAL COST TOTAL . .. . . . . . . . . . $4,700,000 iv APPENDIX IV FINANCING OPERATION AND MAINTENANCE COSTS Each of the Parties agrees to pay to the Chief Fiscal Officer an amount for sewage conveyed to the system from their own municipality in accordance with a uniform sewer rate schedule to be established prior to the approval of each year ' s operating budget. The amounts so derived are hereinafter referred to as " Sewer Rent Revenues . " Each Party shall have the option of raising such amounts by charging ultimate users in accordance with such sewer rate schedule or by assessments or by any other manner permitted by law . However, regardless of the method chosen by each Party to actually raise their share due, the amount payable shall be computed as if each Party had adopted the uniform sewer rate schedule and charged the ultimate users thereunder. All of the Sewer Rent Revenues derived from Town of Dryden, Town of Ithaca, and City of Ithaca shall be delivered to the Chief Fiscal Officer for application toward the operation and maintenance costs of the Treatment Plant. Any surplus of revenues shall be budgeted toward the operation for the following year. If such revenues are insufficient to pay such costs, the Parties shall make up the deficit by each contributing a portion of such deficit; the portion applicable to each Party to be determined by multiplying the total deficit by a fraction, the denominator, of which is the amount of sewage conveyed to the system by all the Parties during the immediately preceding four billing quarters as determined by the SJC , and the numerator of which is the amount of sewage conveyed to the system in such period by the individual Party whose share is being determined. Except as hereinafter provided , the uniform sewer rate schedule may not be changed without the written agreement to such change of all of the Parties . Unless the SJC determines v otherwise , the payments required hereunder shall be made to the Chief Fiscal Officer or its delegate quarterly. vi Y f APPENDIX V FLOW METER LOCATIONS vii .� D\ U W sz Oyi Obi V v � 5 VINE - '�rJSSIS Q i VE AVE A �? cl- 4 LQ III VF, IS XIV79 t i S 0 RRY- HE 1GH S LINN ST. LINN ST w rj J TIOGA ST. TIOGA w Z (n O YOR ST z UTICA ST SEARS E~ m S�GQ� S.ALB.ANYST ,6r A4 YF,TTE S7. Ln S.PLAIN ST � C 3 FAIR ST. v BLVD. 6� vbOy m rr.r�:v r, Cd V ?/07.1 v i \v 'YO7�rb:� PLACE C` 3 3 U rn -] Q of 3 8 w d U N w z w o o o F < 0 w� U La. WN C7 F LL FQ u o Year End Town Board Meeting 12 / 31 / 2003 ATTACHMENT # 4 Agent► i JOINT INTERCEPTOR AGREEMENT BETWEEN CITY OF ITHACA AND TOWN OF ITHACA This Agreement is made this day of , 2003 , by and between THE CITY OF ITHACA, Tompkins County, New York ("City") , and the TOWN OF ITHACA, Tompkins County, New York ("Town") . WHEREAS , the City and Town, together with the Town of Dryden, jointly own and operate the Ithaca Area Wastewater Treatment Facility (IAWTF) ; and WHEREAS , the City and Town jointly utilize certain City interceptors and pump stations to convey wastewater flows from their respective jurisdictions to the IAWTF ; and WHEREAS , the Town utilizes portions of the City ' s sewer collection system to convey wastewater to the IAWTF from areas of the Town not connected to the joint interceptor system; and WHEREAS . the Town also utilizes other portions of the City ' s collection system to convey wastewater to the jointly owned treatment plant during times of high infiltration and inflow; and WHEREAS , in 1992 the City and Town entered into a Sewer Service Agreement for the Town ' s use of the City ' s sewage collection system; and WHEREAS , at the time of execution of the 1992 agreement, the parties intended to replace that agreement within two years with a long-term agreement; and WHEREAS , the parties have been negotiating a new agreement regarding joint interceptor and pump station projects that benefit the Town, including many projects constructed since the 1992 agreement went into effect; and WHEREAS , the City has provided the Town with record drawings showing the size and location of all pipes and the location and invert elevations for each manhole for each of the projects referenced in attached Exhibits A and B ; and WHEREAS , the parties have now reached such an agreement; NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements contained herein, the parties agree as follows . 1 Termination of Former Agreement 1 . The Sewer Service Agreement dated November 4, 1992 , is hereby terminated on December 3i , 2004 at 11 : 59 p .m. Purchase of Ownership 2 , The City agrees to sell, and the Town agrees to purchase, a 41 . 57% ownership interest in the interceptors listed and shown in attached Exhibit A, which is a list of joint interceptors that were replaced during the 1991 -2003 period. The Town also is acquiring a 41 . 57% interest in the jointly used interceptors listed in Exhibits A- 1 and A-2 . By acquiring the aforesaid interests, the Town is entitled to utilize 41 . 57% of the capacity of such interceptors . Such utilization may be by the Town or by other entities or municipalities authorized by the Town, provided the wastewater originates within the service area shown in Exhibit E. The Parties will agree on the capacity of each such interceptor shown on Exhibits A, A- 1 and A-2 . 3 , The City agrees to sell, and the Town agrees to purchase, a 17% ownership interest in the pump stations listed in attached Exhibit B , which is a list of jointly owned pump stations that have been renovated. The Town is also acquiring a 41 . 57% interest in the jointly used pump stations shown in Exhibit B- 1 . By acquiring the aforesaid interests, the Town is entitled to utilize 17% of the capacity of the pump stations shown in Exhibit B and 41 . 57% of the capacity of the pump stations shown in Exhibit B- 1 . Such utilization may be by the Town or any other entity or municipality authorized by the Town, provided the wastewater originates within the service area shown in Exhibit E. The Parties will agree on the capacity of each such pump station shown on Exhibits B and B - 1 . 4. The Town shall pay the City Six Hundred Sixty-One Thousand Dollars ($661 ,000 . 00) as payment in full to purchase its ownership interests and related capacity in the interceptors and pump stations referenced in Exhibits A, A- 1 , A-2, B , and B- 1 above . This payment shall be made within thirty (30) days after the effective date of this Agreement (see paragraph 32 below) . Upon the City ' s receipt of this payment, the specified ownership interests shall be deemed transferred. 5 . The City expects to receive reimbursement from the New York State Clean Water/Clean Air Bond Act for some of the interceptor and pump station projects . The parties ' projections of the Bond Act reimbursement for each interceptor and pump station project are shown in attached Exhibit C . 6 . The calculation of the Town ' s 41 . 57% ownership interest in the joint interceptors referenced in paragraph 2 is based on the Town ' s projected average capacity requirements for the entire joint interceptor system for the term of this Agreement. The Town ' s 17% ownership interest in the pump stations listed in Exhibit B and the 41 . 57% 2 interest in the pump stations listed in Exhibit B - 1 are based on the projected average percentage of pump station usage by the parties . 7 . For future capital expenditures on these joint interceptors and pump stations, the Town shall pay 41 . 57% of the approved capital costs for the joint interceptors listed in Exhibits A and A- 1 , 17% for the pump stations listed in Exhibit B , 41 . 57% for the pump stations listed in Exhibit B - 1 , and the City shall pay the balance . The City shall pay all future capital expenses for the interceptors listed in Exhibit A-2 for a period of seven (7) years from the effective date of this Agreement. The Town shall thereafter pay 41 . 57% of such future capital expenses for any Exhibit A-2 interceptors that it continues to own. 8 . As new interceptors are completed from time to time and the Town no longer needs one or more of the interceptors, or sections thereof, listed on Exhibit. A-2 , the Town may re-convey its interest in one or more of such listed interceptors to the City. Such re- conveyance shall be by a written notice delivered to the City, which includes the name and/or location of the interceptor being re-conveyed. Such re-conveyance shall be automatic and effective on the date of delivery of such notice. The Town shall have no obligations to pay for any operation and maintenance expenses or capital expenses associated with the interceptor so re-conveyed that are incurred or accrued after .the date of such conveyance . Future Capital Projects 9 . The parties shall jointly prepare within one year of the effective date of this Agreement a five-year joint interceptor capital improvement plan for the next phase of joint interceptors and/or joint pump stations to be replaced and for any necessary additional capital improvement plans . Shared costs for joint interceptor projects will not include the cost of City lateral work. The parties agree that the first future joint interceptor project will be the First Street Interceptor, which is critical to the need to relieve the overload from South Hill in the South Cayuga Street area. Exhibit A-3 provides a brief description of the first of the two stages for the First Street Interceptor, a project schedule and estimated costs . 10 . All future joint interceptor capital projects will require the acceptance of engineering reports (including the projected costs of the project), which acceptance will not be unreasonably withheld, and approval of capital project budgets by the parties ' respective governing bodies prior to construction. No commitments shall be made . regarding any capital expenditures until both parties have approved the capital project and until at least thirty (30) days after the Town Board has approved the capital expenditure, provided no petition for a referendum is filed. If a petition for a referendum is filed, no commitments shall be made until the vote on a petition is held and the project has been approved by the Town ' s electors . For projects where one or both of the parties ' municipal personnel will perform the design and construction, the parties will first agree on whose personnel will perform the work. Where municipal personnel are performing the work, the level of design detail need not be as extensive as that required for bid documents but will consist of an engineering report and design information to meet the 3 parties ' requirements (see Exhibit G) . For example, the City may prepare a brief engineering report for the first phase of the First Street Interceptor Project describing existing facilities and the scope of the project. The Town for its purposes may supplement the City ' s report information by describing its own service area, . projected needs, and the like . The parties recognize that the preparation of these documents optimally would be a joint effort. Project budgets shall include an estimate of all costs, including engineering, construction, ten percent ( 10%) overhead (excluding contingencies) for administration and/or project management, and ten percent ( 10%) for contingencies, and shall justify any cost sharing of employees and describe the basis for allocating such costs. The parties recognize the urban setting in which the future interceptor work will be undertaken may require the inclusion of higher contingencies to be incorporated in some of the 'project budgets . When unforeseen conditions will increase the cost of construction but not exceed the project budget, including available contingency funds, the party doing the construction may proceed upon notice to the other party. Only when unforeseen conditions are likely to exceed the project budget will it be necessary to obtain further legislative approvals. The party doing the construction will provide the other party with monthly status reports on each project ' s construction and budget and document all expenditures . Once a project is complete, the party doing the construction shall provide the other party with record drawings showing the size and location of all pipes and the location and invert elevations for each manhole. The City may opt to permit the Town to work on joint interceptors located in the City that are covered by this Agreement. 11 . The parties agree to modify Exhibits A and A- 1 in the future to show all new joint interceptors that are constructed after the effective date of this Agreement and to show the Town ' s ownership of new joint interceptors at 41 . 57% and the City ' s ownership at 58 .43 % . The parties agree that the First Street Interceptor project described in Exhibit A- 3 is the highest priority future project. O &M Costs—Joint Interceptors and Pump Stations 12 . Starting in 2005 for all joint interceptors shown on Exhibit A, Exhibit A- 1 and Exhibit A-2 as they may be amended, and for the pump stations shown on Exhibit B- 1 , the Town shall pay 41 . 57% and the City will pay 58 .43 % of the actual annual operation and maintenance (O&M) costs. The Town will also pay 17% of the actual O&M costs for the operation and maintenance of the pump stations listed on Exhibit B , and the City will pay the balance. Actual O&M costs will include an hourly rate for the ownership and operating costs of specialized equipment such as vacuum trucks, reaming machines, and the like that are required for the preventive maintenance and repair of the sanitary sewer system. The hourly rates for such equipment will be established and updated annually. Labor rates, including fringe benefits, will be in accordance with collective bargaining agreements. Exhibits of these rates (actual or estimated) will be prepared beginning with the fiscal year 2005 budget process . The City may make retroactive wage and benefit rate adjustments as a result of collective bargaining and the Town will be credited or billed accordingly. 4 O & M Costs—Certain City Collectors 13 . The Town uses various collector sewers shown on Exhibit Exhibit D to convey wastewater from small areas of the Town, adjacent to the Town-City boundary, to the interceptors that are the subject of this Agreement. Starting in 2005 , the Town will pay 17% of the cost of the operation and maintenance expenses allocable to such collector sewers . O&M Costs – Other Portions of the City Collection System 14, The Town will continue to utilize portions of the City collection system that are not included in Exhibits A, A- 1 , A-2 or D . During periods of high infiltration and inflow, the Town ' s wastewater may flow into these additional portions of the City ' s collection system. The City agrees that the Town may continue to use these portions of the City collection system without additional charge or payment. 15 . Until the proposed First Street and East State Street Interceptors are in operation, the Town will pay ten percent ( 10%) of the operating and maintenance expense of the Giles Street pump station. After such interceptors are in operation, the Town will no longer have any obligation with respect to the Giles Street pump station. O&M Costs—Budget and Billing 16 . Starting with the 2005 O&M budget, the parties shall approve in advance and on an annual basis O &M budgets for joint interceptors and joint pump stations, and for the portion of the City collection system in Exhibit D used by the Town. Expenditures in excess of budgeted amounts shall not be incurred without the approval of both parties. 17 . The parties have accepted the terms of the 1992 Sewer Service Agreement as the basis for sharing the 2004 O&M expenses for joint interceptors and joint pump stations, and for the portion of the City collector system in Exhibit D used by the Town. 18 . Starting in 2005 , the City will bill the Town monthly for actual O&M costs for joint interceptors and joint pump stations, and for Town use of the City ' s collection system shown in Exhibit D . The overhead charge included in the O&M costs shall be ten percent ( 10%) . Bills shall be submitted to the Town Engineer with a copy to the Town Clerk by the 201h of the month preceding the next regular Town Board meeting. The Town will pay these bills within five (5 ) days after the next regular Town Board meeting .where the voucher has been recommended and approved by the Town Board. All bills will be accompanied by documentation to enable the Town to verify the accuracy and validity of each bill . Such documentation shall include a breakdown showing reasons for such expenditures, the nature and location of the work, the amount of labor and materials and charges therefore for each date work is performed, the dates of performance of work, the time expended on such performance, the amounts paid for any materials utilized, and the amounts of any overhead allocated to such work . All bills not paid within forty-five (45 ) days of the due date will bear interest, compounded monthly, at the quarterly rate set by the Internal Revenue Service that is in effect on the date of the bill , until paid. If the 5 Town disputes a bill in whole or in part, the Town shall so notify the City in writing within ten ( 10) days of the date of the bill , detailing the specific nature of the dispute and any additional documentation required. If the bill is disputed only in part, the Town shall pay the undisputed part. Within ten ( 10) days of receipt of notice of a dispute, if the City does not agree with the Town ' s position, the parties will convene a meeting of a dispute resolution team consisting of the Mayor, Town Supervisor, Superintendent of Public Works and the Town Engineer. If required, either one or both of the parties may bring a recorder. If the parties reach an agreement, the Town shall pay the agreed amount. When an agreement is reached, interest shall be due and owing to the City on the agreed amount only. If the parties are unable to resolve the dispute within thirty (30) days of the convening of the dispute resolution team, either party may institute a proceeding in the Supreme Court of the State of New York for collection of the disputed amount or a declaration of the invalidity of all or a portion of the bill, or seek any other relief available at law. 19 . Flow from the Town of Dryden, and eventually from the Town of Lansing and the Villages of Cayuga Heights and Lansing, may pass through Town of Ithaca sewers and into the joint interceptors . In addition, flow from the Town of Dryden may pass through the City collection system and joint pump stations . Such flows will be considered as Town of Ithaca flows and counted as part of the Town of Ithaca ' s collective permitted IAWTF capacity. The parties agree that the Town ' s payments under this Agreement compensate the City for these flows . Nothing in this Agreement prevents the Town from entering into agreements with municipalities in the service area shown in Exhibit E for the transportation of wastewater through the joint interceptors, provided the flows do not exceed the IAWTF treatment capacity owned by the Town. Notwithstanding the terms of this Agreement, nothing will prevent the parties to this Agreement from utilizing their full allocation of permitted capacity at the IAWTF . In no case will a party ' s flow through the joint interceptors and/or pump stations collectively exceed that party ' s allocation of permitted capacity at the IAWTF . 20 . The parties agree that this Agreement resolves , and the parties hereby release each other from, all issues, claims , demands, causes of action, damages and costs that may have arisen before the effective date of this Agreement regarding payment for joint interceptors, joint pump stations, and use of the City ' s collection system. 21 . Each party shall indemnify, hold harmless and defend the other and its officers, employees, Board members, agents and elected officials from and against any and all claims, suits, actions, causes of action, losses , damages, costs, charges, or expenses (including reasonable attorney ' s fees) brought against or suffered by the other party and/or its officers, employees, Board members, agents or elected officials for injury to or death of any person or persons or damage to or loss of property arising out of the negligence or willful wrongful act of the indemnifying party or its employees, subcontractors, agents or representatives . 6 22 . Whenever the consent of a party is required under this Agreement, a majority vote of the full possible voting strength of the party ' s governing body shall be necessary for that party to give its consent. 23 . Notifications required by this Agreement shall be hand-delivered or sent by certified mail , return receipt requested, to the following addresses or such other address as a party may hereafter designate by notice : For the City : Mayor 108 E . Green Street Ithaca, NY 14850 The City Clerk shall be copied on all notices sent to the City. For the Town: Town Supervisor 215 N . Tioga Street Ithaca, NY 14850 The Town Clerk shall be copied on all notices sent to the Town. 24 . If required by law or if otherwise desirable to effectuate the purposes of this Agreement, the parties agree to designate one of the governing bodies of the parties to implement this Agreement by executing documents, formally letting bids, applying for grants or loans, arranging financing, and to perform any actions that by law must be conducted by a governing body of a municipality, or which may be more conveniently performed by one party on behalf of both parties . Subject to the right to change this designation in the future, the parties hereby designate the City for such purposes. Only direct costs incurred by the designated party in rendering such services, including any payroll and fringe benefit expenses associated with such services, shall be eligible for reimbursement by the other party. The annual O&M budgets shall specify the costs eligible for reimbursement as O&M expenses . 25 . The parties agree to amend or supplement this Agreement in the future to provide . any additional authority which the parties deem necessary to adequately and properly operate, maintain, and construct improvements to the joint interceptors or joint pump stations . 26 . In the event that there shall be a final adjudication that any provision or provisions of this Agreement is, are or shall be invalid, illegal or contrary to public policy, such adjudication shall not affect any of the other provisions of this Agreement, and such other provisions shall continue in full force and effect. 7 27 . This Agreement constitutes the entire agreement of the parties. It may be amended only by the written consent of both parties, with each party executing and acknowledging the document containing the amendment through its duly authorized representative . 28 . This Agreement shall be governed by the laws of the State of New York. 29 . Each party represents and warrants that (a) this Agreement has been presented to its governing body; and (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body. The execution of this Agreement by the Town is contingent upon publication and posting of the appropriate notice of adoption and the expiration of thirty days from adoption of the approving resolution without a petition for referendum being filed, or if filed, the holding of a referendum in accordance with Town Law and approval of the adopting resolution by the electors of the Town. Resolutions of both governing bodies approving this Agreement are attached to this Agreement as Exhibit F . 30 . Except as specifically provided for in paragraph 19 of this Agreement, no party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of the other party. 31 . The term of this Agreement shall be for the period equal to the period of the serial bonds which have been and are to be issued in connection with the financing of the joint interceptor and pump station projects . Except as otherwise specifically stated in this Agreement regarding the Town ' s re-conveyance of its interests in certain interceptors , the transfer of the capacity effected by this Agreement is permanent, and such transfer shall survive any termination of this Agreement whether by expiration of time or otherwise, unless the parties otherwise agree in writing. After the period of the serial bonds lapses, this Agreement shall be automatically renewed on an annual basis as permitted by law. Termination following the initial period of the Agreement will require one year of notice in writing to the other party. If the Town chooses to terminate the Agreement, the City reserves the right to buy back the Town portion of the interceptor capacity at cost. 32 . This Agreement shall become effective upon full execution by the parties and the fulfillment of the contingencies set forth in paragraph 29 above . 331 At the option of either party , a memorandum of this Agreement may be recorded in the Tompkins County Clerk ' s Office to provide a record of the transfer of the interests in the interceptors and pump stations as set forth in this Agreement. The parties agree to cooperate in the preparation of such a memorandum and to execute the memorandum and any related documents that may be necessary to effect such recording. Should any matter in the memorandum subsequently become incorrect for any reason, including the re- conveyance of certain interceptors to the City, the parties agree to cooperate with each other in preparing and recording an amending memorandum and related documents to correct the Tompkins County Clerk ' s Records . 8 IN WITNESS WHEREOF , the parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the day(s) and year set forth below. CITY OF ITHACA Date : _ By: Alan J . Cohen, Mayor City of Ithaca, New York TOWN OF ITHACA Date : By : Catherine Valentino, Supervisor Town of Ithaca, New York Date : _ By: Will Burbank, Councilperson Town of Ithaca, New York Date : _ By : Carolyn Grigorov, Councilperson Town of Ithaca, New York Date : _ By : David Klein, Councilperson Town of Ithaca, New York 9 Date : By : William Lesser, Councilperson Town of Ithaca, New York Date : By : Thomas Niederkorn, Councilperson Town of Ithaca, New York Date : By: Mary Russell , Councilperson Town of Ithaca, New York 10 STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the — day of . in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Alan J. Cohen, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss. : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Catherine Valentino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) ss . : On the _ day of in the year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Will Burbank, Carolyn Grigorov, David Klein, William Lesser, Thomas Niederkorn and Mary Russell , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 11 EXHIBIT A Jointly Owned Interceptors Constructed Between 1991 & 2003 The Interceptor Sewers listed in this Appendix are new sewer lines constructed prior to the date of the Joint Interceptor Agreement. The construction cost of these lines is the basis for the $661 ,000 . 00 Town of Ithaca payment for a 41 . 57% ownership interest of the lines . WEST END INTERCEPTOR 1 . 36" Interceptor starting at 42" plant intake east of RR & West of SR 13 running south westerly to the intersection of Fulton and Cascadilla. 2 . 30" Interceptor starting at the intersection of Fulton and Cascadilla and running south on Fulton Street to the intersection with Meadow Street. 3 . 12" force main starting at discharge point into manhole at the beginning of 30" Interceptor at Fulton & Meadow and running south on pipe bridge across Six Mile Creek and ending at existing force main in Super 8 parking lot. INLET ISLAND INTERCEPTOR SYSTEM 1 . 24" interceptor starting at manhole near Taughannock pump station running south westerly to east end of double siphon under flood channel 2 . 18" dip Buffalo Street Bridge Interceptor starting at east end of siphon under flood channel running to and under Buffalo Street bridge and ending at a manhole on the west side of Cliff Street. LECTOR STREET INTERCEPTOR 1 . 12" Hector Street interceptor starting at manhole in Cliff Street and running up Hector Street to the Sunrise Road intersection. NORTH SIDE INTERCEPTOR 1 . First St. 42" Interceptor starting at the IAWWTF Influent Building and running south to the intersection of First Street and Franklin Street (Built as part of plant facility and considered part of plant O&M) 2 . Fall Creek 36" Interceptor along SR 13 From First Street to MH north of Fall Creek at Ithaca High School west of Kulp Auditorium and north of southernmost driveway. 3 . Ithaca High School North 24" Interceptor from end of 36" in 2 above to near old Renwick Heights Pump Station at Lake Street. 4 . Ithaca High School South 24" Interceptor from end of 36" in 2 above to 15 inch at foot of Kline Road at Lake Street. 12 FALL STREET AND LAKE STREET INTERCEPTOR I . Fall Street 24" Interceptor starting from Manhole on Fall Creek 36" Interceptor at the West end of Fall Street and running east on Fall Street to the Intersection with Lake Street. 2 . Lake Street 24" Interceptor from Lake Street and Fall Street to Gun Hill Apartments . 3 . Lake Street/University Avenue 18 " Interceptor from Gun Hill Apartments to West Ave. & University Ave. KLINE ROAD INTERCEPTOR 1 . 10" Force main from Kline Road diversion manhole to Lake Street & Fall Street, serving as by pass for emergency use. STATE STREET INTERCEPTOR 1 . Ithaca Road 12" Interceptor from starting at intersection of State Street and Ithaca Road and running up Ithaca Road to intersection with Mitchell Street. 2 . Mitchell Street 12" Interceptor from Mitchell Street and Ithaca Road to Mitchell and Cornell St. 3 . Giles Street Bridge 10" Interceptor Crossing used as overflow conveyance route when upper end of State Street sewer capacity is exceeded. FIRST STREET INTERCEPTOR 1 . First Street 30" Interceptor from First & Franklin to First & Adams. 2 . Adams Street 30" Interceptor from First & Adams to Third & Adams. 13 EXHIBIT A- I Existing Jointly Owned City/Town Interceptors The Interceptor Sewers listed in this Appendix are existing sewer lines jointly used to transmit sewage to the IAWWTF . These lines are expected to be permanently used as interceptor lines . INLET VALLEY INTERCEPTOR SYSTEM 1 . West Clinton 8 " force main starting at discharge to 12" force main at the end of the West End Interceptor and running along West Clinton Street to the Cherry St. Pump Station. 2 . West Clinton 10" From Cherry St. Pump Station to east end of 12" siphon. 3 . West Clinton 12 ' siphon under Flood Control Channel 4 . Floral Avenue 8 ' - 12" interceptor from west end of 12" siphon south on Floral Avenue to the city line. INLET ISLAND INTERCEPTOR SYSTEM 1 . Elm Street Twin 12" siphons under Flood Channel discharging into the new 24" interceptor ELM STREET INTERCEPTOR 1 . 18" starting at west end of twin 12" siphons on west side of flood channel running south west to the intersection of Floral Avenue and Hector Street 2 . Elm Street 12" from 18 " at Floral Avenue and Hector Street running up Elm Street to the city line HECTOR STREET INTERCEPTOR 1 . Hector Street 8" and 12" sewer lines starting at end of new 12" at the Sunrise Road intersection and running up Hector Street to the city line . CLIFF STREET INTERCEPTOR 1 . 10" and 12 " sewer main starting at the new 18" sewer at the intersection of Cliff Street and Park Road and running up Cliff Street to the city line . WEST SHORE INTERCEPTOR 1 . 8" sewer starting at the 36" North Side Interceptor at the intersection of Willow Avenue and Lincoln Street running North on Willow Avenue to the intersection with Pier Road. 14 2 . 8 " force main starting at the intersection of Pier Road and Willow Avenue running west on Pier Road to Cayuga Inlet then under Cayuga Inlet to the Cass Park Pump Station. 3 . 8 " and 10" sewer lines starting at the Cass Park pump station and running northerly to the monitoring station near the city line at NYS Route 89 NORTH SIDE INTERCEPTOR 1 . 10" and 24" sewer lines starting at new 24" sewer at Lake Street running up Kline Road to Needham Place . 2 . 10" sewer on Needham Place starting at Kline Road and running up Needham Place to Stewart Avenue . 3 . 16" sewer starting at Needham Place and running up Stewart Avenue to Thurston Avenue. 4 . 16" sewer starting at Stewart Avenue and running up Thurston Avenue through the flow monitoring station and ending at the Fall Creek bridge. 5 . 12" and 8 " sewer main starting at Thurston Avenue near the monitoring station and running north to the intersection of Triphammer Road and Sisson Place EAST SHORE DRIVE INTERCEPTOR 1 . East Shore Force main from Stewart Park Pump Sta. to East Shore Drive EAST HILL INTERCEPTORS 1 . 15 " East State Street sewer starting at the Intersection of State Street and Aurora Street and running east on State Street to the intersection with Stewart Avenue . 2 . 10" East State Street sewer starting at the intersection of State Street and Stewart Avenue and running south east on East State Street to the intersection with Ithaca Road. 3 . 6" East State Street sewer starting at intersection with Ithaca Road and running south east on East State Street to the intersection with Water Street. 4 . 12" East State Street sewer starting at the intersection with Water Street and running south east to the monitoring station at the city line 5 . 12" Ithaca Road sewer starting at the intersection with East State Street and running east to the intersection with Mitchell Street. 6 . 12" Mitchell Street sewer starting at the intersection with Ithaca Road and running east on Mitchell Street to the monitoring station on the city line . SOUTH HILL INTERCEPTOR 1 . Starting point will be connection to future First Street interceptor at the intersection of East State Street and Aurora Street. 2 . Future sewer will run south on Aurora Street to the Intersection with Columbia Street. 15 3 . Existing Aurora Street 10" sewer starting at intersection of Aurora Street and Columbia Street and running south on Aurora Street to the monitoring station at the city line. 4 . 10" sewer on Columbia Street starting at the intersection of Aurora and Columbia Street and running east on Columbia Street to Hudson Street, then running south on Hudson Street to the monitoring station at the city line . 5 . 12" sewer on old railroad grade south of Renzetti Place starting at the intersection with Hudson Street running south on the railroad grade/South Hill Trail to the city line . 16 EXHIBIT A-2 Jointly Owned City/Town Interceptors That Will Revert to City Ownership When Primary Interceptors are Completed WEST END INTERCEPTOR SYSTEM 1 . 26" sewer starting at the intersection of Third Street and Adams Street running south on Third Street to Hancock Street, 2 . 24" sewer starting at the intersection of Hancock Street and Third Street running west on Hancock Street to the intersection with Rte 13 . 3 . 18 " Interceptor on Hancock from Hancock & Rt. 13 to Fourth & Hancock 4 . 20" Interceptor on Cascadilla from Fulton & Cascadilla to Hancock & Rt 13 5 . 21 " Interceptor — Meadow from Buffalo St. Pump Sta. to Hancock & Rt. 13 6 . 8" Force main on Meadow from Buffalo St. Pump Station to 21 " main 7 . 10- 12" overflow route from old 10" Inlet siphon to Buffalo St Pump Sta. 8 . old 10" siphon under Cayuga Inlet 9 . 8 - 12" overflow at west end of inlet siphon to old 10 ' siphon under Inlet 10 . 20" Interceptor from east end of 12" Inlet siphon to Cascadilla & Fulton 11 . 12" siphon under Cayuga Inlet 12 . 20 " Interceptor from Taughannock Blvd to west end of 12" siphon at Inlet EAST HILL INTERCEPTOR SYSTEM 1 . Giles St. 8- 10" Interceptor from State & Giles to Giles St. Pump Station 2 . 6" Giles St. Force main from Giles Street Pump Sta. to Columbia & Giles 3 . 6" and 12" State St. from Giles & State to Water Plant Dr. & State 4 . 12 - 18" back lot from Water Plant Dr. to west end Columbia Street bridge 5 . 8- 18 ' Hudson St. from Hudson & S . Aurora to E . Court & N. Aurora 6 , 16- 18" Court St. from E. Court & N . Aurora to N . Plain & W. Court 7 . 16" N . Plain St. from W. Court & N . Plain to Cascadilla & N . Plain 8 . 16" Cascadilla St. from Cascadilla & N . Plain to Fourth & Cascadilla 9 . 16" Fourth St . from Cascadilla & Fourth to Fourth & Hancock 10 . 6" and 10 " State St. from Water Plant Dr. to Valentine and State 11 . 8 " Interceptor Valentine from State St. to 12" at south end of Valentine Place 12 . 8 - 12" Interceptor from Mitchell down Elmwood & Cornell Walk to State St 13 . 16-20" Interceptor Giles St. from Columbia & Giles to Hudson to S . Aurora 14 . 16- 18 " Interceptor from Hudson & S . Aurora to Green to Green & Cayuga SOUTH HILL INTERCEPTOR SYSTEM I . 12- 14" interceptor Columbia from Hudson to Turner 2 . 6" Interceptor on Turner from Columbia to Spencer & Pleasant 3 . 10- 14" Interceptor on Turner from Columbia to Spencer & Prospect 4 . 8" Interceptor Spencer from Prospect to S . Cayuga 5 . 10- 16" Interceptor S . Cayuga from Spencer to Clinton 17 6 . 14" Interceptor E . Clinton from Spencer & Prospect to S . Cayuga 7 . 20" Interceptor S . Cayuga from Clinton to Green 8 . 21 -24" Interceptor West. Green St . from South Cayuga to S . Plain 9 . 24" Interceptor from N & S . Plain from W. Green St. to Cascadilla 10. 24" Interceptor Cascadilla from N . Plain to Fourth 11 . 24" Interceptor Fourth from Cascadilla to Hancock 12 . 36" Interceptor from Hancock down Fourth to Adams to Third 13 . 36 ' Interceptor from Adams down Third to Franklin to First St . 14 . 36" sewer starting at the intersection of Franklin Street and First Street running west on Franklin Street to Third Street, and then running South on Third Street to Adams Street 18 EXHIBIT A-3 Proposed interceptor capital projects FIRST STREET INTERCEPTOR SEWER Proposed 30" sewer line to start at the intersection of First Street and Adams street and run south on First Street to Cascadilla Street, then east on Cascadilla Street to Aurora Street, then south on Aurora Street to State Street to connect with the East Hill and South Hill interceptor systems 19 EXHIBIT B Pump Stations Jointly Used for High Flow Events These pump stations serve to carry sanitary sewage flows from the Town of Ithaca during events of high flow during which flows are diverted from the primary interceptor routes . Except for the Giles Street Pump Station as noted below, the Town of Ithaca will pay for 17 % of the Operation and Maintenance costs for these stations . Buffalo Street Pump Station Inlet Island (Taughannock Blvd) Pump Station Giles Street Pump Station Notes : ( 1 ) Notwithstanding any of the provisions of this Agreement, the Town acquires no ownership interest in , and has no capital expenditure obligations for, the Giles Street Pump Station . The Town ' s share of O&M costs for the Giles Street Pump Station is described in paragraph 15 of the Agreement. (2) Notwithstanding any of the provisions of this Agreement, as new interceptors are completed from time to time and the Town no longer needs one or more of the pump stations listed in this Exhibit B , the Town may re-convey its interest in one or more of such listed pump stations to the City. Such re-conveyance shall be by a written notice delivered to the City, which includes the name and/or location of the pump station being re-conveyed. Such re-conveyance shall be automatic and effective on the date of delivery of such notice . The Town shall have no obligations to pay for any operation and maintenance expenses or capital expenses associated with the pump station so re- conveyed that are incurred or accrued after the date of such conveyance. EXHIBIT B- 1 Pump Stations Jointly Used These pump stations are used to carry flows under all conditions and the Town of Ithaca will own 41 . 57% of these pump stations and will be responsible for 41 . 57 % of the Operation and Maintenance costs . Cherry Street Pump Station Serves the inlet valley area of the Town of Ithaca Cass Park Pump Station Stewart Park Pump Station (at Youth Bureau) EXHIBIT C PROJECTED BOND. ACT REIMBURSEMENT FOR PROJECTS Project Total Reimbursement $ # 12 Fall Crk. 36" 4965297 # 14 Cascadilla to Plant-30" 4305871 # 15 IHS -North 24"-36" 1765057 # 16 IHS-South 24" 121 , 841 # 17 Fall Crk. 24" 141 ,023 # 18 Fall Crk. 24" 739314 # 19 Lake St. 24" 58 ,409 #20 Buffalo St. PS 133 ,253 Note : This excludes the Giles Street pump station because the Town is not sharing in the local cost for that pump station. This also excludes the New York State credit to the City for its work on the Route 96 octopus betterment in the amount of $69,770 . The total Bond Act reimbursement for projects # 12 and # 14-20 above is $ 1 ,631 ,065 . 22 EXHIBIT D MAP OF CITY COLLECTION SYSTEM USED BY TOWN (Attached) 23 EXHIBIT E SERVICE AREA MAP (Attached) 24 EXHIBIT F GOVERNING BODY RESOLUTIONS [TO BE PROVIDED.] 25 EXHIBIT G ENGINEERING REPORT AND DESIGN INFORMATION REQUIRED FOR EACH FUTURE PROJECT * * * To be provided by Dan Walker and Bill Gray. * * * 26 Year End Town Board Meeting 12 / 31 / 2003 ATTACHMENT # 5 ❑ ❑ 1111 ❑ 1111 Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed b A plicant or Project Sponsor) 1 . Applicant/Sponsor 2 . Project Name Town of Ithaca Joint Interceptor Sewer Agreement 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map : ) Agreement is to allow the Town to transport sanitary sewage through sewer mains in the City to the IAW WTF. Sewer lines are located throughout the City of Ithaca Tax Parcel Number: NA 4. Is proposed action : NEW? EXPANSION ? MODIFICATION/ALTERATION ? X 5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and other relevant items) : The Town of Ithaca currently has an agreement with the City of Ithaca to transport sewage through the City sewer system to the IAWWTF. This agreement replaces and supercedes the original agreement signed in 1992 and gives the Town of Ithaca an ownership interest in existing sewer lines and a guaranteed capacity in those lines. No new construction is authorized by this agreement and the sewers serve the existing Town of Ithaca service area. (Attach separate sheet(s) if necessary to adequately describe the proposed project.) Amount of land affected : iall (0-5 rs) Acres (6-10 rs) (>10 rs) 0 Acres ow is land zoned presently? NA ill proposed action comply with existing zoning or other existing land use restrictions? s_X__ NO If no, describe conflict briefly : 9. Will proposed action lead to a request for new : Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential Commercial Industrial Agriculture Park/Forest/Open Space Other Please Describe: All uses in the Town and City of Ithaca 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO—X-- If yes, list agency name and permit/approval/funding : 12 . Does any aspect of the proposed action have a currently valid permit or approval ? YES _X_NO If yes, list agency name and permit/approval. Also, state whether it will require modification. Sanitary sewer approvals from NYS DOH . No modifications will be required I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type); _ aniel R. Walker, Director of Engineering, Town of Ithaca F. Signature and Date : 03 PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617 . 12 or Town Environmental Local Law? iS NO X If es, coordinate the review rocess and use the full EAF. E ill proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly : None Anticipated, C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly : None Anticipated. C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly : None Anticipated, C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None Anticipated. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action ? Explain briefly : None Anticipated. 6. Long term, short term, cumulative, or other effects not identified in C1 -05 ? Explain briefly : None Anticipated. . Other impacts (including changes in use of either quantity or type of energy) Explain briefly : None Anticipated. D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly : E. Comments of staff CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i . e . urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination . Town of Ithaca Town Board Name of Lead Agency Preparer' s Signature(If different from Responsible Officer) Catherine Valentino, Town Supervisor December 31 , 2003 Name & title of Responsible v Off IInDn,'Lead Agency Signature of Contributing Preparer Gift � �`-& _ DATE : t ure of Responsible Officer in Lead Agency Year End Town Board Meeting 12 / 31 / 2004 ATTACHMENT # 6 GENDA # ITHACA AREA WASTE WATER FACILITY BUDGETS 2002 and 2003 OPERATION & MAINTENANCE L 2002 j 2003 Appropriations $ 29253,041 .00 $ 21299,884.00 Appropriated Fund Balance $ 991 ,640.34 $ , ;a._A- Revenues 112619400.66 19072,444.00 mean Ron�mmmmmm m DETAIL REVENUE SUMMARY MISCELLANEOUS REVENUE $ 300,000.00 $ 3109000.00 TOWN OF DRYDEN 16,920.00 1",Tv)e a 3 , os � TOWN OF ITHACA 3349564 .66 251 ,583.00377, 37 (� CITY OF ITHACA 609,916.00 495,488.00 713j 3 TOTAL RESOURCES $ 19261 ,400.66 $ - I, 172AAA _00 sss - ACTUAL-VS c>t6ET1ED MIJOW S TOWN OF DRYDEN BUDGETED CONTRIBUTION $ 25,380.00 $ 309742.00 ACTUAL CONTIRBUTION ( 161920.00) (4§, AA) a 3', 05t SAVINGS V 'r E;TO�iYN:OF DRYDEN; . ' TOWN OF ITHACA BUDGETED CONTRIBUTION $ 501 ,787.00 $ 5039166.00 ACTUAL CONTIRBUTION (334,565 00) (25q 1683-'eA) SAVIGS TTHE WN`'OF ITHACA 1. 12S 790 CITY OF ITHACA J BUDGETED CONTRIBUTION $ 914,874.00 $ 990,976.00 ACTUAL CONTIRBUTION (6091916.00) {495148&88j- SAVINGS TD' THE CITY OF ITHACA ; _ 304 5 :INS _ . . 7 y3 a 3 Page 1 of 1 Year End Town Board Meeting 12 / 31 / 2004 ATTACHMENT # 7 Ithaca Area Waste A C E N D-A # 7 Water Treatment Plant Final 2004 Budget _ ! I Budget Departmental Common rHEDULE -Expendedl As Amended Request Mayor's Council Received (as of 8!31 /03) (5% Reduction) Recommended) Adopted 2002 2003 2004 2004 j 2004 COF JOINT ACTIVITYAPPROPRIATIONS GENERAL GOVERNMENT SUPPORT SPECIAL ITEMS J1920MUNICIPALASSOCIATION:'DUES I 1 ,000 1 1 ,000 1 11000 19000 1 1 ,000 J1989 MISCELLANEOUS ! ! 0 0 1 0 0 0 J1990 CONTINGENCY ACCOUNT ! 0 14,859 I 14, 859 14,859 1 14,859 TOTAL SPECIAL ITEMS 11000 15, 859 15, 859 15;859 151-859 I TOTAL GENERAL GOVERNMENT SUPPORT 11000 15, 859- - 15,859 15,859 15, 859 Ithaca Area Waste Water Treatment Plant Final 2004 Budget Page 1 Ithaca Area Waste Water Treatment Plant Final 2004 Budget 1 Budget Departmental ! Common ! Expended/ L As Amended 1 Request _ Mayour's ! Council . . - _. ---- - . - --- - Received I (as of 8/31/03 ; ( 5%_Reduction) Recomme_ndedi Adopted - -- - - - - - - - - 2002 I 2003 2004 2004 2004 HOME AND COMMUNITY SERVICE- S SEWAGE TREATMENT & DISPOSAL J8150 - SEWAGE TREATMENT PLANT 5105 SALARIES - ADMINISTRATIVE 0 63,026 It 64 ,917 1 1 64 ,917 1 60,000 5110 SALARIES - STAFF 439,551 4257271 1 439,035 I I . 439,035 I 439,035 5115 HOURLY - FULL TIME I 0 01 1 0 1 1 0 1 1 0 5120 HOURLY - PART-TIME I 209300 30,000 1 1 15,4501 15450 ' 15,450 5125 OVERTIME 48 ,599 40,000 50,0001 509000 1 1 50,000 SUB-TOTAL - PERSONNEL 508,450 1 558,297 ! 569,402 569 402 564,485 5205 FURNITURE & FIXTURES 1 1 0 01 1 0 1 01 1 0 5210 OFFICE EQUIPMENT j 0 0 1 0 0 1 0 5215 MOTOR VEHICLES 0 01 1 0 1 0 5225 OTHER EQUIPMENT 0 1 219700 1 ! 47,800 , 47 ,800 j 47,800 SUB- TOTAL - EQUIPMENT I 0 1 j 21,700 1 1 47, 800 j 47, 800 47, 800 5405 TELEPHONE 1 4 ,752 1 5,000 ! 5j0001 5,000 51000 5410 UTILITIES 3451007 367,500 387,500 I I 387,500 1 387,500 5415 CLOTHING �- 61151 8,000 ! 8,000 89000 j 8,000 5420 GAS AND OIL j 4,389 1 I 49000 11 4,000 i 1 49000 , i 41000 5425 OFFICE EXPENSE ! I 3,665 1 ! 31500 1 1 3,500 1 1 31500 1 1 31500 5430 FEES FOR PROFESSIONAL SERVICES 1 54,461 78,425 78,425 i 78,425 1 ! 78,425 5435 CONTRACTUAL SERVICES 293,329 ; 355;400 252,400 252,400 ' 252,400 5440 STAFF DEVELOPMENT 140186 15,000 15,000 15,000 I I 15,000 15480 45 TRAVEL & MILEAGE ; 01 0 , 0 I 0 1 ! 0 50 ADVERTISING 8 ' 300 i 300 300 f 300 55 INSURANCE I 96,362 I ! 75,000 100,000 100,000 ( 100,000 75 PROPERTY MAINTENANCE 2,300 I 14,300 I 1 14,300 14,300 i 149300 76 EQUIPMENT MAINTENANCE I 22,965 1 28,800 ; ; 331300 330300 j 339300 77 EQUIPMENT PARTS & SUPPLIES 24,944 I ! 49,200 I 49,200 1 49,200 1 49,200 79 VEHICLE MAINTENANCE 21086 11 ,000 1 11 ,000 1 11 ,000 1 11 ,000 BUILDING MAINTENANCE SUPPLIES 9,283 12,000 12 ,000 I j 12,000 ' 12,000 94 SAFETY MATERIALS & SUPPLIES 4, 198 ! 7,500 1 , 7 ,500 1 7,500 ' 7,500 95 TREATMENT SUPPLIES ! 102,231 j 134 ,000 1 134 ,000 I 134,000 1 I 134,000 5496 LABORATORY SUPPLIES 23546 I 307000 77,450 1 77,450 ; 771450 5499 SLUDGE DISPOSAL 233,937 ! 250,000 265,000 265,000 I ! 2659000 SUB-TOTAL - ADM/N/STRAT/VE 8 PROGRAM 1 1, 247, 800 i 11448, 925 12457, 875 j 1,457, 875 I 1,457, 875 5700 PRIOR YEAR ENCUMBRANCES 1 ,231 37, 145 1 0 1 1 0 I _! 0 5720 PRIOR YEAR EQUIPMENT 3,624 i 20,801 ! 0 0 ! 1 0 SUB-TOTAL - OTHER ITEMS 49855 ! 57, 946 0 0 0 9010 STATE RETIREMENT I 91420 ! ( 39,639 74,599 ; 74,599 ' 74,599 9030 SOCIAL SECURITY 38,896 421710 43,560 43,560 1 1 43,560 9040 WORKERS' COMPENSATION INSURANCE I 60, 313 I 35,8331 1 41 ,3661 419366 F1 41 ,366 9060 HOSPITAL & MEDICAL INSURANCE i 154,599 118,828 ' 1 142,594 1 142,594 I 1 142,594 9070 DENTAL INSURANCE 1 ,955 I 1 2, 184 I 1 29249 1 2,249 1 ; 2,249 9080 DAY CARE ASSISTANCE 1 3,000 3,500 ' ! 315001 39500 j ! 3500 SUB-TOTAL - EMPLOYEE BENEFITS I_ 268, 183 ! 242, 694 1 307, 868 I 1 307, 868 1 1 3079868 9710 SERIAL BONDS I 10,205 I , 10,205 1 10,205 10,205 1 1 10,205 9711 INTEREST ON SERIAL BONDS 1 21940 1 2,204 1 1 11470 1 1 19470 ! 1 ,470 9731 INTEREST ON BANS I 01 1 0 j 01 1 0 1 - 6 9795 PAYING AGENT FEES 0 1 1 0 1 ! 0 i 0 ! ; 0 SUB- TOTAL - DEBT SERVICE 13, 14 I 12,409 11 1 11, 675 I I 11, 675 11, 675 TOTAL SEWAGE TREATMENT PLANT ! 21042,433 i 1 2,341, 971 1 2,394, 620 2,394, 620 ! 21389, 703 -T 2y394, 620 ; 2y389 703 TAL HOME AND COMMUNITY SERVICES 1 2, 042,433 2,341, 971 ' ! 2, 394, 620 1 2, Ithaca Area Waste Water Treatment Plant Final 2004 Budget Page 2 Ithaca Area Waste Water Treatment Plant Final 2004 Budget I Budget Npartmental1 — ' I Common I-- --- -_ � a --- — Expended/ As Amended ; Request Mayors Council - - -- — — _ Received (as of 8/31 /03) , — j (5%" Reduction)' Recom_mendedl Adopted 2002 2003 ! 2004 2004 2004 UNDISTRIBUTED INTERFUND TRANSFERS J9951 TRANSFER TO CAPITAL RESERVE FUND 0 0 I 0 1 0 1 1 0 TOTAL /NTERFUND TRANSFERS of 0 0 0 1 0 J9040 - PRIOR YEAR ENCUMBRANCES 41746 1 0 1 i 0 1 0 1 0 I I TOTAL UNDISTRIBUTED 41746 0 ' 0 0 0 — I GRAND TOTAL - JOINT ACTIVITY APPROPRIATIONS 2, 048, 179 2, 357, 830 I 2, 4100479 2,410,479 ! 21405, 562 �-I II i II Ithaca Area Waste Water Treatment Plant Final 2004 Budget Page 3 Ithaca Area Waste Water Treatment Plant Final 2004 Budget _ Budget g Departmental ' I Common _ ; . ------ t- - - - Mayor's Request Council Ex ended— As-Amen — j Received (as of 8131/03) j (5% Reduction) Recommended, I - Adopted - --- - - --- — - -~ 1 — 2002 1 2003 2004 2004 1 j 2004 SCHEDULE OF JOINT ACTIVITY ESTIMATED REVENUES DEPARTMENTAL INCOME i �_ J2373 SEPTAGE SERVICE OTHER GOVERNMENTS 3341326 240,000 1 2401000 240,000 240,000 J2374 SEWER SERVICE, OTHER GOVERNMENTS 961 ,361 11524,884 1 2, 100,479 27100,479 2, 1001479 J2375 SERVICES - OTHER GOVERNMENTS 0 0 0 0 0 TOTAL DEPARTMENTAL INCOME 1,295, 687 1, 764, 884 2,340,479 21340,479 2, 340,479 USE OF MONEY AND PROPERTY J2401 INTEREST AND EARNINGS 23,356 70,000 70,000 70,000 65,083 TOTAL USE OF MONEY AND PROPERTY 23,356 70, 000 70, 000 70, 000 65,083 i MISCELLANEOUS __ J2665 SALE OF EQUIPMENT 0 I 0 ' 0 1 0 0 J2680 INSURANCE RECOVERIES 0 0 1 I 0 1 0 ' I 0 J2701 REFUND PRIOR YEAR EXPENSE 0 0 1 ; 0 0 1 0 J2770 UNCLASSIFIED REVENUE 1 01 0 1—? 0 ' 0 t I 0 TOTAL MISCELLANEOUS 0 1 0 1 1 — 0 I 0 I INTERFUND REVENUES 808 TRANSFER FROM DEBT SERVICE FUND 0 0 1 O 1 0 0 TA 0 0 I 0 0 0 TE AID _ 01 SEWAGE TREATMENT PLANT" 0 0 i — 0 0 0 TOTAL STATE AID 0 0 0 1 0 0 GRAND TOTAL ESTIMATED I i REVENUES - JOINT ACTIVITY 1, 319, 043 1, 834, 88 4 1 2,410,479 i 21410, 479 2,405, 562 Ithaca Area Waste Water Treatment Plant Final 2004 Budget Page 4 tl r m City of Ithaca Schedule of Authorized Salaries and Positions Ithaca Area Waste Water Treatment Plant For the Year 2004 i NUMBER OF I NUMBER OF _ L PERSONS PERSONS TOTAL 2004 ACCOUNT #1 -1, UNIT AND TITLE i AUTHORIZED I FUNDED I JAPPROPRI ATION j I JOINT ACTIVITY - IAWWTP _ J8150- TI WASTEWATER TREATMENT PLANT j Chief Wastewater Treatment Plant Operator 1 1 Assistant Chief Wastewater Treatment Plant Operator 1 1 Director of Laboratories I Laboratory Technician 1 Environmental Analyst 1 0 Wastewater Treatment Plant Operator 7 Instrumentation Electrician 1 1 Pretreatment Coordinator, Safe_ty Officer & Operator 1 1 Senior Account Clerk 1 1 I I j TOTAL JOINT ACTIVITY - IAWWTP SALARIES & POSITIONS — 151 _ 14 $ 564,485 Ithaca Area Waste Water Treatment Plant Final 2004 Budget Page 5 � d City of Ithaca Schedule of Authorized Equipment Ithaca Area Waste Water Treatment Plant For the Year 2004 COUNT 41 FUND / DEPARTMENT j ITEM DESCRIPTION AMOUNT -- � - JOINT ACTIVITY - IAWWTP J8150 SEWAGE TREATMENT PLANT 225 OTHER EQUIPMENT Tank Drives $ 6 , 000 Controller Co-Gen 21800 Cyclone Classifier Re-Build 17,000 Vehicle 18 ,000 VFD's for Pumps 41000 TOTAL JOINT ACTIVITY - IAWWTP $ 47 ,800 Ithaca Waste Water Treatment Plant Final 2004 Budget Page 6 Year End Town Board Meeting 12 / 31 / 2004 ATTACHMENT # 8 Torn kins Count 8 P Y� �u DEPARTMEN1V0F PLANNING 1 11, 121 East. Couk Street , :' Ithaca, New York,.A4850 Edward C. Marx, AICP Telephone (607) 274-5560 Commissioner of Planning Fax (607) 274-5578 November 14, 2003 Fred T. Wilcox III, Chair Town of Ithaca Planning Board 600 Warren Road 9-3E Ithaca, NY 14850 RE : Inter-governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions Under New York State General Municipal Law Dear Mr. Wilcox: In May 2002 we held a forum to discuss county and local municipal cooperation regarding a wide range of planning issues . Many of you attended that forum. As a result of input received we committed to developing an agreement to limit the scope of County Planning review of certain local planning and zoning actions . The authority to enter into such agreements is provided in Article 12-B , Section 239 , of New York State General Municipal Law. t he process for developing this agreement included working directly with planning staff from a number of unicipalities . A draft agreement was then reviewed with and endorsed by the Municipal Planning Coalition rmed by the Tompkins County Municipal Officials Association. That. agreement is enclosed for your nsideration . We hope to execute this agreement with all planning and zoning boards as well as those few elected municipal boards that have a direct role in reviewing the actions covered by the agreement. We encourage you to participate in this effort to reduce unnecessary paperwork and streamline the local review of more routine matters . Please execute both copies of the agreement and return one copy to this office . The agreement will be implemented upon receipt by the Tompkins County Planning Department. If you have any questions regarding the agreement please contact me . Sincerely, Edward C . Marx, AICP Commissioner of Planning Enclosure cc : County Legislators Barbara Blanchard, Kathy Luz Herrera, Dooley Kiefer, Michael Koplinka-Loehr, Frank Proto & Tim Joseph Jonathan Kanter, Town Planner Andrew Frost, Building/Zoning Officer Cathy Valentino, Supervisor Town Board Members Inter- governmental Agreement Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law I. This agreement is made this day of , 2003 between the Tompkins County Planning Department and the Town of Ithaca Planning Board. A. Authority and Purpose of State Law The authority for county planning agency review of certain local planning and zoning actions is provided in Article 12-B , Section 239 (1, in & n) of New York State General Municipal Law (GML) . The purpose as stated in law is "to bring pertinent inter-community and county-wide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. " B . Current Practice in Tompkins County The Tompkins County Charter gives responsibility for the implementation of this county review to the Commissioner of Planning. All matters identified in GML Section 239 (m & n) are currently subject to review . C . Authority for Inter-governmental Agreement GML Section 239 (m) specifically authorizes the county planning agency to "enter into an agreement with the referring body or other duly authorized body of a city, town or village to provide that certain proposed actions set forth in this subdivision are of local, rather than inter-community or county-wide concern, and are not subject to referral under this section. " GML Section 239 (n) authorizes the same agreement with respect to subdivision plats . II. Items to be Excluded from Review Pursuant to the authority cited herein the parties to this agreement do hereby agree that the following items are of local, rather than inter-community or . county-wide, concern and are not subject to referral to the Tompkins County Planning Department under New York State General Municipal Law Article 12 -B Section 239 (1, in & n) : A. Lot frontage, width or depth variances for residential uses ; B . Lot area variances for additions to residential uses on existing non-conforming lots ; C . Special Permits or Site Plan Reviews for permitted accessory uses and home occupations on residential lots ; D . Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road; E. Yard setback variances not abutting County or State property, a State or County road right of way, or a municipal boundary; f F . Site Plan Reviews or Special Permits for change of commercial use in an existing building not involving any change in building footprint and with no change in vehicular access on a State or County highway; G. Sign variances exceeding local standards by 20% or less . III . Execution, Termination and Modification A. The undersigned parties attest that they have the authority to enter into this agreement. This agreement shall become effective upon execution by both parties . B . The agreement shall remain in effect unless . terminated by 60 days advance written notice by either party. Such notice shall be by certified mail to the Tompkins County Commissioner of Planning or the authorized local municipal official, as appropriate. C . The agreement may be modified by mutual agreement of the parties hereto . Tompkins County Commissioner of Planning Date Date Chair, Planning Board Town of Ithaca