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HomeMy WebLinkAboutTB Packet 2019-06-24 Study Session of the Ithaca Town Board Monday, June 24, 2019 Agenda 1. Discuss recommendations stated in the Water and Sewer Town Wide Studies 2. Discuss the Capital Improvement Plan for 2020 (CIP) 3. Discus and consider authorization for the Supervisor to sign a lease related to the Downtown US Post Office 4. Discuss LED Street Lighting options 5. Discuss and consider authorization for the Supervisor to sign agreements renewing the Dryden Sewer Agreements a. Peregrine Hollow b. District 1 6. Discuss and consider authorization for the Supervisor to sign easements associated with the Maplewood Project 7. Discuss and consider approval of thecreation of aDeputy Finance Officer position and job description and authorize associated budget amendment a. Establish position b. Budget amendment 8. Committee Reports a. Planning b. Public Works c. Budget d. P&O and Employee Relations e. STR f.Other 9. Consent Agenda a. Town of Ithaca Abstract b. Declare certain items surplus and authorize disposition 10. Consider executive session to discuss contract negotiations 11. Adjourn 6,300,000.00 6,300,000.00 900,000.00850,000.00850,000.00450,000.00300,000.00250,000.00500,000.00150,000.00150,000.00150,000.00400,000.00250,000.00200,000.00100,000.00 800,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cost$ -$ 2022 Pine Tree Water TankSlaterville Rd Water Line Part 1Burleigh-Concord Lexington WaterWest Hill Tank to WesthavenSewer Lining and Manhole RehabTown Drainage ImprovementsKing Rd WestBirchwoodMaple SycamoreWildflower/Strawberry Ln & Cr (M&F)Public Works Wash BaySaponi MeadowsWest Hill Community ParkTrailer Overlay (525,000.00) 50,000.0050,000.00 3,675,000.00 3,150,000.00 750,000.00300,000.00600,000.00300,000.00300,000.00225,000.00250,000.00250,000.00500,000.00100,000.00 $ $ $ $ $ $ $ $ $ Joe Hulbert$ $ $ Cost$ $ $ 2021 Renwick Dr / Hghts / Pl WatermainWildflower Water MainSewer Lining and Manhole RehabTown Drainage ImprovementsSeven Mile Dr OverlayAurora Conf. Rm. Insulation/DuctsIacovelli Playground Troy/East King/SouthwoodsElm St South Hill PipeTrail Overlay 2019 (525,000.00) 50,000.00 6,675,000.006,150,000.00 150,000.00825,000.00400,000.00875,000.00300,000.00300,000.00225,000.00250,000.00800,000.00250,000.00650,000.00100,000.00 1,500,000.00 TOWN OF ITHACA $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cost$ $ $ CAPITAL IMPROVEMENT PROJECTS 2020 Cliff St Pump Sta Bldg DemoPine Tree Water MainReplace Cliff St PRV at HopkinsSalem - Winston Dr - Winston Court Sewer Lining and Manhole RehabTown Drainage ImprovementsUpper Sandbank Road/TownlineWinthrop Warren to Cayuga Hgts Forest Home Drive/Judd Falls to CityMaple AvenueNew Fueling StationSouth Hill PipeTrail Overlay Cost (525,000.00) 45,000.0050,000.0090,000.00 4,185,000.003,660,000.00 625,000.00700,000.00300,000.00300,000.00225,000.00250,000.00300,000.00500,000.00600,000.00100,000.00100,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2019 Muriel St Water MainWinthrop Dr Water MainSewer Lining and Manhole RehabTown Drainage ImprovementsPoole Rd - Mill & Fill (Elm to Sheffield)Lower Bundy Mill & FillPublic Works Admin. AdditionForest Home Walkway & Sidewalk (RFP)South Hill Trail PipeGame Farm Trail OverlayMichigan Hill Trail/Saunders Park Const.Forest Home Walkway Construction Infrastructure Year Water TanksWater MainsSanitary SewersStorm DrainageRoadsSidewalksTown FacilitiesParks - Trails Jointly Owned InterceptorsIAWWTF Total Cost --- Cost$ $ $ 2028 --- Cost$ $ $ 2027 - 1,750,000.001,750,000.00 1,750,000.00 $ Cost$ $ $ 2026 Troy Road TankWest Hill Trails - 2,050,000.002,050,000.00 450,000.00100,000.00 1,500,000.00 $ $ $ Cost$ $ $ 2019 TOWN OF ITHACA 2025 CAPITAL IMPROVEMENT PROJECTS Hungerford Hill TankWest Hill Tank to WesthavenSewer Lining and Manhole RehabTennis Court (Site TBD) - 2,650,000.00 2,650,000.00 300,000.00400,000.00200,000.00 1,750,000.00 $ $ $ $ Cost$ $ $ 2024 Ridge Crest TankE King Road PRVT-Burg Tank to NYS 96Sewer Lining and Manhole RehabPoyer Trail to Woolf Park 75,000.00 2,850,000.002,850,000.00 750,000.00500,000.00300,000.00125,000.00250,000.00250,000.00250,000.00250,000.00100,000.00 $ $ $ $ $ $ $ $ $ $ Cost$ -$ 2023 Slaterville Rd Water Line Part 2Northview Tank to CoddingtonBostwick Tank to 7 Mile DriveSewer Lining and Manhole RehabConcord PlaceSimsbury DrSandra PlLexington Dr Mill & FillBurleigh Dr Mill & FillSaponi MeadowsTrail Overlay 3/5/2019Moved Forest Home Drive from 2023 to 2020 3/5/2019Moved Pine Tree Tank from 2020 to 2022 (Based on redevelopment schedule) 3/5/2019Is Cliff Street Demo coming out of operating budget or CIP? 4/9/2019Increased the Fueling station from $500,000 to $650,000 4/9/2019Moved Wash Bay to 2022 4/9/2019Increased Pine Tree Water Main to $825,000 Agenda Item 03 MEETING OF THE ITHACA TOWN BOARD June 24, 2019 TB Resolution 2019 - : Authorization for Supervisor to sign a Lease Extension with the United States Postal Service Whereas,the Lease between the Town of Ithaca and the USPS dated September 28, 1998 will expire on June 29, 2019; and Whereas, both parties have agreed to extend such Lease for a period of Two Years through June 29, 2021 at an annual rent of $80,000.00, all other termsremaining the same, except that the extension will no longer include the rental of 6 parking spaces included in the Lease, and the extension may be terminated by the USPS upon Thirty Days written notice; now, therefore, be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Lease Extension for the United States Postal Service Downtown Station located at 213 Tioga Street, Ithaca, NY. Moved: Seconded: Vote: Lease!Bnfoenfou Lease Extension Facility Name/Location DOWNTOWN STATION (354160-003)Amendment No: 001 213 TIOGA ST, ITHACA, NY 14851-9997 Lease: B00000114255 This refers to the Lease accepted by the United States Postal Service, hereinafter called the Postal Service, under date 09/28/1998 of ____________, whereby there is leased to the Postal Service the above-described facility. WHEREAS, the Postal Service desires and Landlord is willing to extend said Lease as specified below; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: To extend the terms and conditions of the said Lease, as the same may have been modified or amended, for a fixed term basis beginning 06/30/2019 and ending 06/29/2021 at an annual rental of $80,000.00. Monthly payment will be $6,667.67, to be paid at the end of each rental month. The Postal Service may terminate this Agreement by giving 30 days written notice to the Landlord. In all other respects, the Lease shall remain the same and is hereby confirmed. LEASE (Feb. 2003) 1 Lease Extension TOWN OF ITHACA TOWN OF ITHACA 215 N TIOGA ST ITHACA, NY 14850-4357 (607) 273 - 1721 XX-XXX0992 Paul S Frye Eastern FSO PO BOX 27497, GREENSBORO, NC 27498-1103 2 Agenda Item 05a Meeting of the Ithaca Town Board Monday, June 24, 2019 TB Resolution 2019 - : Authorization for the Supervisor to renew the Sewer Service Agreement between the Town of Ithaca and the Town of Dryden for the Town of Dryden Peregrine Hollow Sewer District Whereas the current agreement expires on June 30, 2019, and Whereas the Town of Dryden and the Town of Ithaca have agreed to renew the current agreement under the same terms for a period of three years, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign an agreement with the Town of Dryden renewing the current Town of Dryden Peregrine Hollow Sewer District agreement through June 30, 2022. Moved: Seconded: Vote: Agenda Item 05b Meeting of the Ithaca Town Board Monday, June 24, 2019 TB Resolution 2019 - : Authorization for the Supervisor to renew the Sewer Service Agreement between the Town of Ithaca and the Town of Dryden for the Town of Dryden Sewer District 1 Whereas the current agreement expires on June 30, 2019, and Whereas the Town of Dryden and the Town of Ithaca have agreed to renew the current agreement under the same terms for a period of three years, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign an agreement with the Town of Dryden renewing the current Sewer District 1 agreement through June 30, 2022. Moved: Seconded: Vote: SEWER SERVICE AGREEMENT This Agreement made as of June 30, 2019 between the Town of Ithaca, a municipal corporation with offices at 215 N. Tioga Street, Ithaca, New York and the Town of Dryden, a municipal corporation with offices at 93 East Main Street, Dryden, New York, on behalf of the Peregrine Hollow Sewer District (PHSD). WITNESSETH: WHEREAS the PHSDutilizes portions of the Town of Ithaca’ssanitary sewer system to transport sewage to the jointly owned Ithaca Area Wastewater Treatment Facility, and WHEREAS the Town of Ithaca is willing to provide such service upon the terms and conditions hereinafter set forth, NOW THEREFORE in consideration of the premises and of the mutual covenants hereinafter set forth the parties agree as follows: 1. Subject to the limitations set forth in this agreement, the Town of Ithaca hereby agrees to transport all of the sanitary sewage from the PHSD entering the Town of Ithaca’s Slaterville Road sewer through portions of the existing Town of Ithaca sanitary sewage collection system to the point of connection with the City of Ithaca’s sanitary sewage collection system. 2. The Joint Interceptor Agreement between City of Ithaca and Town of Ithaca, dated December 31, 2003, states that sewage flow from the Town of Dryden may pass through Town of Ithaca sewers and into the interceptors jointly owned by the Town of Ithaca and City of Ithaca. The Joint Interceptor Agreement further provides that sewage flow from the Town of Dryden may pass through the City of Ithaca collection system and joint pump stations. The Joint Interceptor Agreement states such flows will be considered as Town of Ithaca flows. The Town of Ithaca’s payments to the City of Ithaca under the Joint Interceptor Agreement compensate the City for transmission of these Dryden flows. 3. The Town of Dryden agreed in 1996 and reaffirms that all existing and future improvements required to connect the PHSD sanitary sewage collection system to the existing Town of Ithaca sanitary sewage collection system were and will be constructed to Town of Ithaca specifications subject to the approval of the Ithaca Town Engineer. The Town of Dryden also agreed in 1996 and reaffirms that all such improvements were and will be constructed at no cost to the Town of Ithaca. 4. The Town of Dryden also agreed in 1996 that the portion of the improvements within the Town of Ithaca would be dedicated to the Town of Ithaca at no cost to Ithaca. The Ithaca Town Board accepted dedication of these improvements in 1996. The Town 1 of Dryden agrees that any future improvements it constructs within the Town of Ithaca will be dedicated to the Town of Ithaca at no cost to the Town of Ithaca. 5. Improvements constructed within the Town of Ithaca consist of 1800 feet of 8 inch PVC sewer mainand manholes, as more fully described by the map, plan, report and specifications prepared as approved by the Ithaca Town Engineer on May 9, 1995. The foregoing improvements were installed prior to the Town of Dryden’s discharge of any sanitary sewage into the Town of Ithaca sanitary sewage collection system. The meter pit, flow meter and related appurtenances described in the map, plan, report and specifications were to be constructed at a later time but have not been constructed. The parties agree those items do not need to be constructed. 6. The Town of Ithaca maintains the portion of the improvements within the Town of Ithaca and has the right to use or modify the sewage collection system in the Town of Ithaca. 7. Sanitary sewage flows entering the Town of Ithaca sewers from the PHSD will be measured by water consumption in any and all premises that are connected to the sewer line which is discharging sanitary sewage into the Town of Ithaca’s collection system, using water meter readings and assuming that 100% of the water used on the premises as reflected in such meter readings is converted to sewage (i.e. the water readings of the various facilities connected to the sewer shall be added together and the resulting sum shall be deemed to be the amount of sanitary sewage being discharged into the Town of Ithaca’s system.) 8. The Town of Dryden, on behalf of PHSD, hereby agrees to pay to the Town of Ithaca an amount which is intended to be a fair portion of the operation and maintenance costs of the shared sewer lines. The Town of Dryden’s annual payment shall be the total amount of annual water consumption in the sewer district multiplied by the rate specified below. Theamounts shall be payable to the Town of Ithaca by August 31 following the year of usage. The Town of Dryden shall also submit the following information with the payment: number of units served in the district and total amount of water consumed and deemed contributed to the Town of Ithaca system. Any payment not received by August 31 of each year may, at the discretion of the Town of Ithaca, be charged a 1.5% per month late fee. The Town of Ithaca will not send the Town of Dryden an invoice. Beginning on July 1, 2019, the rate to be paid is $96.20 per 100,000 gallons of water consumed, and that rate will be increased by 2.25% per year beginning on July 1, 2020, unless a different rate is mutually agreed upon in writing by both parties. 9. The payments described above are for the Town of Ithaca’s transmission of sanitary sewage from the PHSD through the Town of Ithaca system, City/Town of Ithaca jointly owned interceptors and pump stations, and/or City of Ithaca collection system to the Ithaca Area Wastewater Treatment Facility. This agreement does not cover, and the PHSD is responsible for, all costs of treatment of sanitary sewage from the PHSD at the Ithaca Area Wastewater Treatment Facility. 2 10. The Town of Dryden agrees with the Town of Ithaca and represents as follows: (a) All sanitary sewage discharged from the PHSD into the Town of Ithaca’s collection system will be in compliance with all required pretreatment laws, rules or regulations and in compliance with the Town of Ithaca’s sewer use law insofar as it relates to the quality and type of material that may be discharged into the Town of Ithaca sewer collection system, and (b) All sewage shall also comply with all requirements of the Ithaca Area Wastewater Treatment Plant operations and be of a quality that is acceptable for sewage treatment by such plant in accordance with all rules, regulations, laws, and ordinances governing the operation of such plant, and (c) If consumers in the PHSD violate any provision of any applicable rule, regulation, law or ordinance governing the manner, quality, or quantity of sewage discharged into the collection facilities that are ultimately discharging into the Town of Ithaca’s collection system, and without limiting any other remedies available to Ithaca or any other party, the Town of Dryden will take all appropriate steps to cause such improper or illegal discharge to cease including, if appropriate, the termination of the rights of any such illegally dumping individual to be connected to the sewer system. The parties agree that the Town of Ithaca shall also have the right to take all appropriate steps to cause such improper or illegal discharge to cease if the Town of Dryden does not do so in an expeditious manner, and (d) The Town of Dryden agrees to fully defend, indemnify and hold harmless the Town of Ithaca, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, penalties, fines or contamination of or adverse effects on the environment, caused by the acts or omissions of the Town of Dryden, the Town of Dryden’s employees, agents or subcontractors, or persons or entities in the Town of Dryden utilizing the sewers, in connection with this Agreement. To the extent the Town of Ithaca is negligent, the Town of Dryden’s duty to indemnify the Town of Ithaca shall not extend to the proportion of loss attributable to the Town of Ithaca’s negligence. 11. The March 11, 1996 Sewer Service Agreement between the parties is terminated as of the effective date of this Agreement. 12. This agreement shall be effective from July 1, 2019 until June 31, 2022 and may be renewed upon mutual written agreement of the parties. 3 13. Should the parties not reach agreement about renewal, the Town of Ithaca shall endeavor to give at least three years’ advance written notice to the Town of Dryden of the agreement’s upcoming termination. 14. The parties acknowledge that the Town of Dryden has paid all past charges due through June 30, 2014 for the Town of Ithaca’s transmission of sanitary sewage from the PHSD through the Town of Ithaca system, City/Town of Ithaca jointly owned interceptors, and/or City of Ithaca system to the Ithaca Area Wastewater Treatment Facility. 15. 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. 16. This Agreement shall be governed by the laws of the State of New York. 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 A. 18. 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. IN WITNESS WHEREOF the parties have executed this agreement as of the day and year first written above. Town of Ithaca Town of Dryden By: _________________________ By: __________________________ William D Goodman, Supervisor Mary Ann Sumner, Supervisor 4 STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: On this ____ day of ______, before me came William D Goodman, to me personally known who, being by me duly sworn, did depose and say that he resides in the Town of Ithaca and that he is the Supervisor of the Town of Ithaca, who executed the within instrument and he acknowledged to me that he executed the same and that such execution was on behalf of the Town of Ithaca and that the Town Board of the Town of Ithaca duly authorized such execution. ______________________________ Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: On this ____ day of ______, before me came Mary Ann Sumner, to me personally known who, being by me duly sworn, did depose and say that she resides in the Town of Dryden and that she is the Supervisor of the Town of Dryden, who executed the within instrument and she acknowledged to me that she executed the same and that such execution was on behalf of the Town of Dryden and that the Town Board of the Town of Dryden duly authorized such execution. ______________________________ Notary Public 5 SEWER SERVICE AGREEMENT This Agreement made as of June 30, 2019 between the Town of Ithaca, a municipal corporation with offices at 215 N. Tioga Street, Ithaca, New York and the Town of Dryden, a municipal corporation with offices at 93 East Main Street, Dryden, New York, on behalf of Sewer District No. 1 (SD1). WITNESSETH: WHEREAS the Town of Dryden’s SD1utilizes portions of the Town of Ithaca’s sanitary sewer system to transport sewage to the Village of Cayuga Heights Wastewater Treatment Plant, and WHEREAS the Town of Ithaca is willing to provide such service upon the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth the parties agree as follows: 1. Subject to the limitations set forth in this agreement, the Town of Ithaca hereby agrees to transport all of the sanitary sewage from SD1 in the area of the Town of Dryden east of Sapsucker Woods Road through portions of the existing Town of Ithaca sanitary sewage collection system to the point of connection with the Village of Cayuga Heights’ sanitary sewage collection system. The Town of Dryden will not connect or allow connection of additional properties in SD1 into the Town of Ithaca sewer system that are not already connected as of the date of this agreement, except by mutual written consent of the Towns of Ithaca and Dryden. 2. The Town of Dryden, on behalf of SD1, will make and pay for all repairs, maintenance, construction, reconstruction and additions to SD1 sewer system necessary to convey the sanitary sewage flows into the Town of Ithaca system and to comply with all codes, laws, ordinances and regulations of the Village of Cayuga Heights and the Town of Ithaca relating to the use of their respective sewer systems. All connections of SD1 sewer system to the Town of Ithaca sanitary sewage collection system must be constructed to Town of Ithaca specifications subject to approval of the Ithaca Town Engineer. 3. The Town of Ithaca maintains the portion of the improvements within the Town of Ithaca and has the right to use or modify the sewage collection system within the Town of Ithaca. 4. Sanitary sewage flows entering the Town of Ithaca sewers from SD1 will be measured by water consumption in any and all premises that are connected to the sewer line which is discharging sanitary sewage into the Town of Ithaca’s collection system, using water meter readings and assuming that 100% of the water used on the premises as reflected in such meter readings is converted to sewage (i.e. the water readings of the 1 various facilities connected to the sewer shall be added together and the resulting sum shall be deemed to be the amount of sanitary sewage being discharged into the Town of Ithaca’s system.) 5. The Town of Dryden, on behalf of SD1, hereby agrees to pay to the Town of Ithaca an amount which is intended to be a fair portion of the operation and maintenance costs of the shared sewer lines. The annual payment shall be the total amount of annual water consumption in the sewer district multiplied by the rate specified below. The amounts shall be payable to the Town of Ithaca by August 31 following the year of usage. The Town of Dryden shall also submit the following information with the payment: number of units served in the district and total amount of water consumed and deemed contributed to the Town of Ithaca system. Any payment not received by August 31 of each year may, at the discretion of the Town of Ithaca, be charged a 1.5% per month late fee. The Town of Ithaca will not send the Town of Dryden an invoice. Beginning on July 1, 2019, the rate to be paid is $98.20 per 100,000 gallons of water consumed, and that rate will be increased by 2.25% each year beginning on July 1, 2020, unless a different rate is mutually agreed upon in writing by both parties. 6. The payments described above are for the Town of Ithaca’s transmission of sanitary sewage from SD1 through the Town of Ithaca system to the Village of Cayuga Heights sanitary sewage collection system. This agreement does not cover, and the Town of Dryden is responsible for, all costs of transmission of sanitary sewage from SD1 through the Village of Cayuga Heights’ sanitary sewage collection system, and all costs of treatment of sanitary sewage from SD1 at the Village of Cayuga Heights Wastewater Treatment Plant. 7. The Town of Dryden agrees with the Town of Ithaca and represents as follows: (a) All sanitary sewage discharged from the SD1 into the Town of Ithaca’s collection system will be in compliance with all required pretreatment laws, rules or regulations and in compliance with the Town of Ithaca’s sewer use law insofar as it relates to the quality and type of material that may be discharged into the Town of Ithaca sewer collection system, and (b) All sewage shall also comply with all requirements of the Cayuga Heights Wastewater Treatment Plant operations and be of a quality that is acceptable for sewage treatment by such plant in accordance with all rules, regulations, laws, and ordinances governing the operation of such plant, and (c) If consumers in SD1 violate any provision of any applicable rule, regulation, law or ordinance governing the manner, quality, or quantity of sewage discharged into the collection facilities that are ultimately discharging into the Town of Ithaca’s collection system, and without limiting any other remedies available to Ithaca or any other party, the Town of Dryden will take all appropriate steps to cause such improper or illegal discharge to cease including, if appropriate, the termination of the rights of any such illegally dumping individual to be connected 2 to the sewer system. The parties agree that the Town of Ithaca shall also have the right to take all appropriate steps to cause such improper or illegal discharge to cease if the Town of Dryden does not do so in an expeditious manner, and (d) The Town of Dryden agrees to fully defend, indemnify and hold harmless the Town of Ithaca, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, penalties, fines or contamination of or adverse effects on the environment, caused by the acts or omissions of the Town of Dryden, the Town of Dryden’s employees, agents or subcontractors, or persons or entities in the Town of Dryden utilizing the sewers, in connection with this Agreement. To the extent the Town of Ithaca is negligent, the Town of Dryden’s duty to indemnify the Town of Ithaca shall not extend to the proportion of loss attributable to the Town of Ithaca’s negligence. 8. This agreement shall be effective from July 1, 2019 until June 31, 2022 and will be renewed unless notification to the contrary is conveyed in writing from one party to the other. 9. Should the parties not reach agreement about renewal, the Town of Ithaca shall endeavor to give at least three years’ advance written notice to the Town of Dryden of the agreement’s upcoming termination. 10. The parties acknowledge that the Town of Dryden has paid all past charges due through June 30, 2014 for the Town of Ithaca’s transmission of sanitary sewage from SD1 through the Town of Ithaca system to the Village of Cayuga Heights sanitary sewage collection system. 11. 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. 12. This Agreement shall be governed by the laws of the State of New York. 13. 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 A. 3 14. 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. IN WITNESS WHEREOF the parties have executed this agreement as of the day and year first written above. Town of Ithaca Town of Dryden By: _________________________ By: __________________________ William D Goodman, Supervisor Mary Ann Sumner, Supervisor STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: On this ____ day of ______, before me came William D Goodman, to me personally known who, being by me duly sworn, did depose and say that he resides in the Town of Ithaca and that he is the Supervisor of the Town of Ithaca, who executed the within instrument and he acknowledged to me that he executed the same and that such execution was on behalf of the Town of Ithaca and that the Town Board of the Town of Ithaca duly authorized such execution. ______________________________ Notary Public STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: On this ____ day of ______, before me came Mary Ann Sumner, to me personally known who, being by me duly sworn, did depose and say that she resides in the Town of Dryden and that she is the Supervisor of the Town of Dryden, who executed the within instrument and she acknowledged to me that she executed the same and that such execution was on behalf of the Town of Dryden and that the Town Board of the Town of Dryden duly authorized such execution. _________________________________ Notary Public 4 Agenda Item 06 MEETING OF THE ITHACA TOWN BOARD June 24, 2019 TB Resolution 2019 - : Acceptance of the new Town Water and Sanitary Sewer Infrastructure associated with the Maplewood Graduate and Professional Student Housing Redevelopment Project, and authorization for the Town Supervisor to sign the Permanent WaterEasement and Right of Way, and the Permanent Sanitary Sewer Easement and Right of Way Whereas,the Maplewood Project included changes to the Town of Ithaca water and sanitary sewer infrastructure made by the developer EdR Realty Trust and its contractors, which will require new easement agreements between Cornell University as the landowner and the Town of Ithaca,for property located along Maple Avenue and Mitchell Street on tax parcelsno. 63.-2- 10.2 and 66.-3-30; and Whereas, the developer and its contractors have constructed the new Town infrastructure according to Town specifications; and Whereas, the Town of Ithaca Public Works Department staff has inspected such changes to the Town’s water and sanitary sewer infrastructure and has determined that they meet Town standards and that the as-built surveys presented by the developer accurately depict the location of such new infrastructure; now, therefore, be it Resolved, that the Town Board accepts the new Town water and sanitary sewer infrastructure installed by the Maplewood Project developer on Cornell land; and Resolved, that the Town Board authorizes the Town Supervisor to sign the Permanent Water Easement and Right of Way, and the Permanent Sanitary Sewer Easement and Right of Way, associated with the Maplewood Project, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: PERMANENT WATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE ismade this _____ dayof March, 2019 by and between Cornell University, an education corporation chartered by the State of New York, c/o Real Estate Department, Box DH - Real Estate, Ithaca, New York 14853 (the “Grantor”), and the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (“Grantee” or the “Town”). The Grantor is the owner and Ground Lessor of a certain parcel of land of 0.224 acres, identified as Tax Parcel number 63.-2-10.2 (portion), located at 201 Maple Avenue, in the Town of Ithaca, Tompkins County, New York (the “Premises”). NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever, a non-exclusive EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcel of land, such parcel being the area of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions except as otherwise expressly limited herein, upon said parcel of land situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being part of Tax Parcel number 63.-2-10.2, as described on the map entitled “SURVEY MAP WATERLINE ASBUILT AND EASEMENT MAPPING IN MITCHELL STREET ALONG LANDS OF CORNELL UNIVERSITY FOR THE MAPLEWOOD HOUSING PROJECT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK” dated June 21, 2018, and revised September 19, 2018, November 20, 2018, December 4, 2018, December 10, 2018 and January 24, 2019, prepared by T. G. Miller P.C., Engineers and Surveyors, Lee Dresser, L.L.S. No. 050096, incorporated herein by reference, a copyof which map is intended to be filed in the Tompkins County Clerk’s Office concurrently herewith, as more particularly described in Schedule “A” attached hereto. Being portions of lands conveyed to Cornell University by the following deeds, which deeds were recorded in the Tompkins County Clerk’s Office as provided below: 1. Warranty Deed dated October 28, 1916 by Charles S. Mitchell and Margery Mitchell, and Omer L. Mitchell and Minnie A. Mitchell, and Otis W. Mitchell and Edna H. Mitchell, and Florence Mary Mitchell Myers, Legatees under the Last Will and Testament of Mary Rounsville, recorded on November 18, 1916 in Liber 186 of Deeds at Page 600; 2. Warranty Deed dated October 28, 1916 by Charles S. Mitchell and Margery Mitchell, and Omer L. Mitchell and Minnie A. Mitchell, and Otis W. Mitchell and Edna H. Mitchell, and Florence Mary Mitchell Myers, and Carrie M. Williams, and Ida A. Mitchell, widow of Linn D. Mitchell, sole heirs of Jeremiah Mitchell, recorded on November 18, 1916 in Liber 187 of Deeds at Page 186; 3. Deed dated November 11, 1916, by Catherine Mitchell, an Infant by Ida A. Mitchell, recorded on November 18, 1916 in Liber 187 of Deeds at Page 187; 4. Warranty Deed dated December 1, 1926, by Christopher Steadman and Lena R. Steadman and Henry O. Robinson and Margaret M. Robinson, recorded on January 7, 1927 in Liber 211 of Deeds at Page 266. Reserving unto Grantor (1) the right to cross, recross or otherwise use said easement and right of way and to grant future easements consistent with Grantor’s covenants herein, provided that Grantor’s actions do not interfere with, damage or otherwise affect the rights granted herein or the functioning of the water lines or associated facilities, and (2) the right to relocate said easement and right of way and the facilities located therein, in whole or in part, at Grantor’s sole expense, in accordance with plans and specifications approved by the Town. In considering approval, the Town may consider the effects of the proposed changes on the water system’s operation and costs. All materials and other property belonging to the Grantee, its agents or contractors, stored on or located on the Premises, including the mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, shall remain the property of and shall be under the control and supervision of the Grantee. AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits or approvals issued by Grantee that explicitly reference the aforesaid permanent easement) shall be constructed or placed within the aforesaid permanent easement and right- of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits orapprovals issued by Grantee that explicitly reference the aforesaid permanent easement, no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance ofbuildings and other improvements on the Premises in accordance with permits orapprovals issued by Grantee that 2 explicitly reference the aforesaid permanent easement, it will not permit or conduct any mining, excavation, construction or blasting within said easement and right-of-way. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits or approvals issued by the Grantee that explicitly reference the aforesaid permanent easement, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein: “Subject to a water easement and right-of way to convey rights to the Town of Ithaca for water purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below-described permanent easement and right-of-way, and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in a permanent easement and right-of-way granted to the Town on \[date\] and recorded in the Tompkins County Clerk’s Office on \[date\] as Instrument No. _________, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing orhereafter to be formed.” AND FURTHER, Grantor and the Town acknowledge that the easement and right-of-way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the intent of the Grantor to have this easement and all related rights-of- way herein expressed run with the land forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that: 1. Grantee will at all times, at Grantee’s expense, when it enters the Premises for any purpose related to the permanent easement as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry, subject to any changes in the Premises permitted by the exercise of the rights granted by this easement. 3 2. Grantee shall not allow any claim, lien or other encumbrance arising from its use of the easement area to accrue against or attach to the easement premises or any other portionof the Grantor's property, but if any lien or notice of lien is so filed, the responsible party shall promptly bond and discharge any lien or notice of lien that may be so filed. Grantor shall send to Grantee timely written notice of any lien so filed ofwhich Grantor itself has notice, and Grantee shall send to Grantor timely written notice of any lien so filed of which Grantee itself has notice. This easement and right-of-way, and the covenants contained herein, shall inure to and be binding on the successors and assigns of the respective parties. IN WITNESS WHEREOF, the Grantor andGrantee have hereunto set their hands and seals the day and year first above written. CORNELL UNIVERSITY By:_______________________________ Jeremy Thomas Senior Director of Real Estate STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared Jeremy Thomas, 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 4 TOWN OF ITHACA By:_______________________________ William D. Goodman Supervisor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared William D. Goodman, 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 5 Acknowledged and Approved EDR MAPLEWOOD LLC By:_______________________________ Thomas Trubiana, President STATE OF TENNESSEE ) COUNTY OF SHELBY ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared Thomas Trubiana, 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 6 SCHEDULE “A” Permanent Water Easement and Right-of-Way to be Granted to the Town of Ithaca ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being bounded and described as follows: BEGINNING at a pin found in the north street line of Mitchell Street, said pin being a distance of 150.2± feet southeasterly along said street line from its intersection with the centerline of Walnut Street, and said point of beginning continuing South 27º 36’ 12” East a distance of 6.88 feet (marked as “L11” on the survey map referred to below) to a calculated point marking the place of beginning; Running thence the following courses and distances marked as “L1” through “L10” on the survey map referred to below: 1. South 87º 06’ 42” East (“L1”) for a distance of 112.06 feet to a calculated point; 2. South 88º 22’ 01” East (“L2”) for a distance of 101.98 feet to a calculated point; 3. North 01º 29’ 10” East (“L3”) for a distance of 6.07 feet to a calculated point; 4. South 86º 58’ 33” East (“L4”) for a distance of 275.27feet to a found pin; 5. South 01º 49’ 18” East (“L5”) for a distance of 20.06 feet to a calculated point; 6. North 86º 58’ 31” West (“L6”) for a distance of 258.43 feet to a calculated point; 7. South 45º 39’ 51” West (“L7”) for a distance of 7.76 feet to a calculated point; 8. North 88º 23’ 54” West (“L8”) for a distance of 114.75 feet to a calculated point; 9. North 87º 06’ 42” West (“L9”) for a distance of 100.59 feet to a calculated point; 10. North 27º 36’ 12” West (“L10”) for a distance of 23.21 feet to a calculated point marking the point or place of beginning. SUBJECT TO any easements, rights-of-way or other encumbrances of record. REFERENCE is hereby made to a survey map incorporated herein by reference entitled “SURVEY MAP WATERLINE ASBUILT AND EASEMENT MAPPING IN MITCHELL STREET ALONG LANDS OF CORNELL UNIVERSITY FOR THE MAPLEWOOD HOUSING PROJECT, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK” dated 6/21/2018, and revised 9/19/18, 11/20/18, 12/04/18, 12/10/18 and 01/24/19, prepared by T. G. Miller P.C., 7 Engineers and Surveyors, Lee Dresser, L.L.S. No. 050096, which map is being filed in the Tompkins County Clerk’s Office concurrently herewith. 8 PERMANENT SANITARY SEWER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this ____ day of March, 2019 by and between Cornell University, an education corporation chartered by the State of New York, c/o Real Estate Department, Box DH-Real Estate, Ithaca, New York 14853 (the “Grantor”), and the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 (“Grantee” or the “Town”). The Grantor is the owner and Ground Lessor of a certain parcel of land of 0.724 acres, identified as Tax Parcel number 63.-2-10.2 (portion), located at 201 Maple Avenue, in the Town of Ithaca and Tax Parcel number 66.-3-30 (portion), located at 151 Maple Avenue, in the City of Ithaca, Tompkins County, New York (the “Premises”). NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever, a non-exclusive EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of sewer mains, laterals, collectors, lines and pipes, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcel of land, such parcel being the area of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions except as otherwise expressly limited herein, upon said parcel of land situate in the Town and City of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City and Town of Ithaca, County of Tompkins, State of New York, being part of Tax Parcel numbers 63.-2-10.2 (Town) and 66.-3- 30 (City), as described on the map entitled “SURVEY MAP SHOWING SANITARY ASBUILT AND EASEMENT TO BE GRANTED ACROSS LANDS OF CORNELL UNIVERSITY FOR THE MAPLEWOOD HOUSING PROJECT, CITY & TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK” dated June 6, 2018, and revised September 19, 2018 and December 10, 2018, prepared by T. G. Miller P.C., Engineers and Surveyors, Lee Dresser, L.L.S. No. 050096, incorporated herein by reference, a copy of which map is intended to be filed in the Tompkins County Clerk’s Office concurrently herewith, as more particularly described in Schedule “A”attached hereto. Being portions of lands conveyed to Cornell University by the following deeds, which deeds were recorded in the Tompkins County Clerk’s Office as provided below: 1. Warranty Deed dated October 28, 1916 by Charles S. Mitchell and Margery Mitchell, and Omer L. Mitchell and Minnie A. Mitchell, and Otis W. Mitchell and Edna H. Mitchell, and Florence Mary Mitchell Myers, Legatees under the Last Will and Testament of Mary Rounsville, recorded on November 18, 1916 in Liber 186 of Deeds at Page 600; 2. Warranty Deed dated October 28, 1916 by Charles S. Mitchell and Margery Mitchell, and Omer L. Mitchell and Minnie A. Mitchell, and Otis W. Mitchell and Edna H. Mitchell, and Florence Mary Mitchell Myers, and Carrie M. Williams, and Ida A. Mitchell, widow of Linn D. Mitchell, sole heirs of Jeremiah Mitchell, recorded on November 18, 1916 in Liber 187 of Deeds at Page 186; 3. Deed dated November 11, 1916, by Catherine Mitchell, an Infant by Ida A. Mitchell, recorded on November 18, 1916 in Liber 187 of Deeds at Page 187; 4. Warranty Deed dated December 1, 1926, by Christopher Steadman and Lena R. Steadman and Henry O. Robinson and Margaret M. Robinson, recorded on January 7, 1927 in Liber 211 of Deeds at Page 266; 5. Deed dated September 10, 1938 by Fred W. Illston and Cady P. Illston, as Executors of the Last Will and Testament of Etta M. Illston, recorded on September 13, 1938 in Liber 248 of Deeds at Page 430; 6. Warranty Deed dated January 12, 1942, by Cornell Co-Operative Society, recorded on the same day in Liber 262 of Deeds at Page 381; 7. Warranty Deed dated September 22, 1947, by John R. Wilcox and Bernice B. Wilcox, and recorded on September 24, 1947 in Liber 303 of Deeds at Page 15; 8. Warranty Deed dated February 8, 1962, by Arthur B. Flick, Jr. and Theresa G. Flick, recorded on the same day in Liber 438 of Deeds at Page 1049. 9. Warranty Deed dated June 19, 1967, by Cornell Campus Store, Inc., formerly the Cornell Co-Operative Society, recorded on June 20, 1967 in Liber 469 of Deeds at Page 691. 10. Quitclaim Deed dated August 10, 1977, by Robert C. Haldeman, Trustee of the property of the Lehigh Valley Railroad Company, recorded on September 8, 1977 in Liber 560 of Deeds at Page 61. 11. Warranty Deed dated January 19, 1987, by Elizabeth Simpson, as attorney-in-fact for Ellen M. Armstrong, recorded on January 30, 1987 in Liber 624 of Deeds at Page 316. 12. Warranty Deed dated September 24, 1998, by Mildred P. Cooper, recorded on the same day in Liber 830 of Deeds at Page 282. Reserving unto Grantor (1) the right to cross, recross or otherwise use said easement and right of way and to grant future easementsconsistent with Grantor’s covenants herein, provided that Grantor’s actions do not interfere with, damage or otherwise affect the rights granted herein or the functioning of the sewerlines or associated facilities, and (2) the right to relocate said easement and right of way and the facilities located therein, in whole or in part, at Grantor’s sole expense, in accordance with plans and specifications approved by the Town. In considering approval, the Town may consider the effects of the proposed changes on the sewersystem’s operation and costs. All materials and other property belonging to the Grantee, its agents or contractors, stored on or located on the Premises, including the mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, shall remain the property of and shall be under the control and supervision of the Grantee. 2 AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits or approvals issued by Grantee that explicitly reference the aforesaid permanent easement) shall be constructed or placed within the aforesaid permanent easement and right-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any sewer mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or beneath the surface of the Premises in accordance with permits or approvals issued by Grantee that explicitly reference the aforesaid permanent easement, no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits orapprovals issued by Grantee that explicitly reference the aforesaid permanent easement, it will not permit or conduct any mining, excavation, construction or blasting within said easement and right-of-way. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits or approvals issued by the Grantee that explicitly reference the aforesaid permanent easement, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by this easement, or any rights therein: “Subject to a sewer easement and right-of way to convey rights to the Town of Ithaca for sewer purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of sewer mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below-described permanent easement and right-of-way,and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in a permanent easement and right-of-way granted to the Town on \[date\] and recorded in the Tompkins County Clerk’s Office on \[date\] as 3 Instrument No. _________, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed.” AND FURTHER, Grantor and the Town acknowledge that the easement and right-of-way hereby granted are fully assignable by the Town to any successor or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said right-of-way and easement unto the Town, its successors and assigns forever, it being the intent of the Grantor to have this easement and all related rights-of- way herein expressed run with the land forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that: 1. Grantee will at all times, at Grantee’s expense, when it enters the Premises for any purpose related to the permanent easement as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry, subject to any changes in the Premises permitted by the exercise of the rights granted by this easement. 2. Grantee shall not allow any claim, lien or other encumbrance arising from its use of the easement area to accrue against or attach to the easement premises or any other portion of the Grantor’s property, but if any lien or notice of lien is so filed, the responsible party shall promptly bond and discharge any lien or notice of lien that may be so filed. Grantor shall send to Grantee timely written notice of any lien so filed of which Grantor itself has notice, and Grantee shall send to Grantor timely written notice of any lien so filed of which Grantee itself has notice. This easement and right-of-way, and the covenants contained herein, shall inure to and be binding on the successors and assigns of the respective parties. 4 IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. CORNELL UNIVERSITY By:_______________________________ Jeremy Thomas Senior Director of Real Estate STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared Jeremy Thomas, 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 5 TOWN OF ITHACA By:_______________________________ William D. Goodman Supervisor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared William D. Goodman, 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 6 Acknowledged and Approved EDR MAPLEWOOD LLC By:_______________________________ Thomas Trubiana, President STATE OF TENNESSEE ) COUNTY OF SHELBY ) ss.: On the ____ day of February, in the year 2019 before me, the undersigned, personally appeared Thomas Trubiana, 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 7 SCHEDULE “A” Permanent Sewer Easement and Right-of-Way to be Granted to the Town of Ithaca ALL THAT TRACT OR PARCEL OF LAND situate in the Town and City of Ithaca, County of Tompkins, State of New York, being bounded and described as follows: BEGINNING at an iron pin found in the south street line of Maple Avenue, said pin being 643 feet, more or less, easterly along the street line of Maple Avenue from the easterly side of Cornell Street, which pin marks the northeast corner of lands now or formerly of Coal Store Ventures (Instrument # 522283-001), and said point of beginning continuing North 80º 04’ 56” East along the south street line of Maple Avenue a distance of 102.94 feet to a calculated point marked as “P.O.B. Sewer Easement” on the survey map referred to below; Running thence South 04º 51’ 54” East a distance of 51.74 feet to a calculated point; Running thence South 00º 08’ 13” East a distance of 71.85 feet to a calculated point; Running thence South 13º 49’ 41” East a distance of 127.00 feet to a calculated point; Running thence South 28º 22’ 59” East a distance of 102.45 feet to a calculated point; Running thence South 52º 59’ 19” West a distance of 38.62 feet to a calculated point; Running thence South 27º 14’ 25” East a distance of 186.00 feet to a found iron pin; Running thence South 27º 36’ 12” East a distance of 480.98 feet to a calculated point; Running thence North 62º 23’ 48” East a distance of 20.00 feet to a calculated point; Running thence North 27º 36’ 12” West a distance of 181.55 feet to a calculated point; Running thence South 59º 15’ 55” East a distance of 34.05 feet to a calculated point; Running thence North 61º 13’ 41” East a distance of 131.21 feet to a calculated point; Running thence North 23º 40’ 19” East a distance of 62.46 feet to a calculated point; Running thence North 61º 38’ 47” East a distance of 140.01 feet to a calculated point; Running thence North 36º 26’ 34” East a distance of 90.99 feet to a calculated point; Running thence North 62º 11’ 57” East a distance of 52.01 feet to a calculated point; 8 Running thence North 27º 19’ 43” West a distance of 20.00 feet to a calculated point; Running thence South 62º 11’ 57” West a distance of 56.75 feet to a calculated point; Running thence South 36º 26’ 34” West a distance of 91.09 feet to a calculated point; Running thence South 61º 38’ 47” West a distance of 142.42 feet to a calculated point; Running thence South 23º 40’ 19” West a distance of 62.54 feet to a calculated point; Running thence South 61º 13’ 41” West a distance of 112.98 feet to a calculated point; Running thence North 59º 15’ 55” West a distance of 35.13 feet to a calculated point; Running thence South 62º 59’ 05” West a distance of 10.46 feet to a calculated point; Running thence North 27º 36’ 12” West a distance of 278.19 feet to a calculated point; Running thence North 27º 14’ 24” West a distance of 169.02 feet to a calculated point; Running thence North 52º 59’ 19” East a distance of 38.96 feet to a calculated point; Running thence North 28º 22’ 59” West a distance of 117.09 feet to a calculated point; Running thence North 13º 49’ 41” West a distance of 122.04 feet to a calculated point; Running thence North 00º 08’ 13” West a distance of 70.28 feet to a calculated point; Running thence North 04º 51’ 54” West a distance of 54.33 feet to a calculated point; Running thence North 87º 50’ 32” East a distance of 424.32 feet to a found pipe; Running thence North 02º 05’ 33” West a distance of 20.00 feet to a calculated point; Running thence South 87º 51’ 36” West a distance of 445.32 feet to a calculated point; Running thence South 04º 51’ 54” East a distance of 22.87 feet to the point or place of beginning. Said easement parcel having an area of 0.724 acres. SUBJECT TO any easements, rights-of-way or other encumbrances of record. REFERENCE is hereby made to a survey map incorporated herein by reference entitled “SURVEY MAP SHOWING SANITARY ASBUILT AND EASEMENT TO BE GRANTED ACROSS LANDS OF CORNELL UNIVERSITY FOR THE MAPLEWOOD HOUSING 9 PROJECT, CITY & TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK”, dated 6/6/2018, and revised 9/19/18 and 12/10/18, prepared by T.G. Miller, P.C., Engineers and Surveyors, Lee Dresser, L.L.S. No. 050096, which map is being filed in the Tompkins County Clerk’s Office concurrently herewith. 10 Agenda Item 07a MEETING OF THE ITHACA TOWN BOARD Monday, June 24, 2019 TB Resolution 2019 – : Creation of Deputy Finance Officer Position under Civil Service Whereas, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and Whereas, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment;and Whereas, the Town has determined the need to create a Deputy Finance Officer position; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: 1. The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: 1-(One) – Deputy Finance Officer And be it further Resolved, the Town Board does hereby approve the job description for the said position as created and monitored by Tompkins County Civil Service. Moved: Seconded: Vote: DEPUTY FINANCE OFFICER TOWN OF ITHACA DEPARTMENT TOWN OF ITHACA CLASSIFICATION COMPETITIVE LABOR GRADE F APPROVED TB REVISED ____________ BY AG, Commissioner of Personnel MINIMUM QUALIFICATIONS: EITHER: (a) Graduation from a regionally accredited or New York State registered four year college with a Bachelors degree in Accounting, Business or Public Administration or related field, which must have included at least twelve credits in accounting AND three years of full time paid (or the equivalent part-time and or volunteer) experience in preparing and maintaining financial accounts and records which must have involved preparation of financial statements OR (b) Graduation from a regionally accredited or New York State registered two year college with an Associates degree in Accounting, Business or Public Administration or related field with at least twelve (12) credit hours in accounting AND five years of full time paid (or the equivalent part-time and or volunteer) experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements; OR (c) Graduation from High School or a High School equivalency diploma AND completion of at least twelve(12) credits of accounting from a regionally accredited or New York State registered college or university AND seven years of full time paid (or the equivalent part-time and /or volunteer) experience in preparing and maintaining financial accounts and records; OR d) Any combination of training and experience equal to or greater than that specified in (a), (b) or (c) above. DISTINGUISHING FEATURES OF THE CLASS: This position assists the Finance Officer who has the authority and power to perform the duties of a chief auditing and accounting officer for the Town. The work involves responsibility for insuring that financial reporting is maintained in accordance with GAAP and GASB promulgations and that all activities follow federal and state regulations and policies governing local governments. The incumbent is responsible for the maintenance of financial ledgers, production of financial statements and compilation of the annual financial reports. Work is performed in accordance with the policies of the Town Board, under the general supervision of the Finance Officer. There is moderate exercise of independent judgment and autonomy in carrying out details of the work. Direct supervision may be exercised over finance staff. Does related work as required. TYPICAL WORK ACTIVITIES: Maintains and audits all financial records and accounts of all units of Town government charged with duties relating to funds of the Town; Responsible for audits, maintains, and approves of all claims, accounts and demands that are lawful Town charges; Maintains a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amounts; Maintains a system of internal controls necessary to safeguard public assets; Maintain separate accountings of each Town department and specialized funds; Assist with the investment of idle Town funds; Review all contracts for the furnishing of heat, light, telephone, supplies or other services; Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the Town; Assist with maintaining and monitoring a system of encumbrances; Assist with the Preparation of the Town's annual budget in coordination with the Finance Officer CONTINUED NEXT PAGE DEPUTY FINANCE OFFICER (CONT) TYPICAL WORK ACTIVITIES: (continued) May provide support and advice to the Budget Committee on fiscal matters; Assist with the preparation of the Finance office’s annual budget proposal; May prepare the Town's annual NYS Comptroller's Financial report; May secure and coordinate the Town’s annual Certified Financial Report; Monitors budget appropriations to keep from being over drawn; Assist with the preparation of annual Continuing Disclosure Requirements; Assist Town’s management staff with fiscal activities; Complies with any applicable requirements under General Municipal Law, Town Law, Real Property Tax Law and Finance Law; May oversee annual audit of Town Justice’s dockets and accounting records; May authorize, as provided by the Human Resources Manager, payment of salaries of officers and employees; May assure payroll records and reports are maintained and filed in conjunction with the Human Resources Manager; May submit statements of Town finances to the Town Board; Acts as in the absence of Finance Officer. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Thorough knowledge of the principles and practices of modern public fiscal administration, including internal auditing, accounting and fiscal management; Thorough knowledge of computerized accounting systems and the NYS Uniform System of Accounts Working ability to apply Government Accounting principles and practices; Working knowledge of computerized programs such as Microsoft Office Excel and Word programs; General knowledge of purchasing procedures; bond markets; and Town laws; Ability to analyze trends affecting fiscal operations from fiscal records and other factual material; Good administrative and supervisory skills; Ability to plan and supervise the work of others; Ability to establish and maintain satisfactory working relationships with others; Ability to follow and understand complex oral and written instructions; Ability to communicate effectively, both orally and in writing; Ability to deal courteously and effectively with the public, boards and committees, and other government officials; Initiative; integrity; resourcefulness; good judgement; Ability to maintain confidentiality; Physical condition commensurate with the demands of the position. 6/12/19 Agenda Item 07b MEETING OF THE ITHACA TOWN BOARD June 24, 2019 TB Resolution 2019- : Budget Amendment – Increasing the Finance & Budget Salary Appropriation in the General Townwide Fund of the2019 Ithaca Town Budget Whereas,at the June 24, 2019 meetingofthe Personnel and Organization Committee, the Committee discussed the need for and recommended the creation of the position of Deputy Finance Officer; and Whereas, upon review and discussion of the proposal at the June 24, 2019 meeting of the Budget Committee, the Committee recommended the appropriation of additional funds in the amount of $17,700 in the 2019 Ithaca Town Budget for this unbudgeted expense; and Whereas, at the June 24, 2019 meeting of the Ithaca Town Board, the Town Board did approve the job description for and establish the position of Deputy Finance Officer in accordance with New York State and Tompkins County Civil Service rules; now, therefore, be it Resolved, the Town Board does hereby amend the 2019 Ithaca Town Budget and authorizes and directs the Town Finance Officer to appropriate an additional $17,700.00 from the unreserved fund balance of the General Townwide Fund to meet this expenditure, as follows: General Townwide Fund – Expenditures - Account A1340.100 -Regular Salary:is increased from $86,300to $104,000. Moved: Seconded: Vote: Ayes – Agenda Item 09 MEETING OF THE ITHACA TOWN BOARD Monday, June 24, 2019 TB Resolution 2019 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Town of Ithaca Abstract b. Declare certain items surplus and authorize disposition Moved: Seconded: Vote: ayes – TB Resolution 2019 - a: Town of Ithaca Abstract No. 12 for FY-2019 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 total for the amounts indicated. VOUCHER NOS. 754 - 8814 General Fund Town Wide74,923.14 General Fund Part-Town 1,242.48 Highway Fund Town Wide DA 3,600.42 Highway Fund Part Town DB 11,158.03 Water Fund63,000.32 Sewer Fund4,133.69 Fire Protection Fund 266,000.00 Forest Home Lighting District 40.46 Glenside Lighting District 12.08 Renwick Heights Lighting District 20.21 Eastwood Commons Lighting District 28.27 Clover Lane Lighting District 3.75 Winner’s Circle Lighting District 5.62 Burleigh Drive Lighting District13.17 West Haven Road Lighting District 52.27 Coddington Road Lighting District30.42 TOTAL 424,264.33 Agenda Item 09 TB Resolution 2019 - b: Disposal of Surplus Computers and Computer Equipment Whereas, the Town of Ithaca maintains an inventory of computers and computer equipment used by Town staff to conduct the daily business of the Town; and Whereas, the Town staff will from time to time identify various computers and computer equipment which is surplus, obsolete and no longer needed to conduct the daily business of the Town and identify such equipment to the Town Supervisor for the purpose of receiving approval to dispose of such equipment; and Whereas, the Town staff has reviewed the probable proceeds to be realized from the public sale of the surplus computers and computer equipment and has determined that the costs to the Town associated with public sale of the identified computers and computer equipment will exceed the probable proceeds; and Whereas, the Town staff has determined that it would be unlikely to receive competitive proposals from public schools, public libraries, or other entities if the Town were to try to donate the surplus computers and computer equipment pursuant to the provisions of General Municipal Law Sec. 104-c; and Whereas, it is the recommendation of the Town Supervisor to seek the approval of this governing Town Board to declare that the equipment identified below is surplus, obsolete, and is no longer needed by the Town MAKE MODELSERIAL YEAR NUMBERPURCHASED HP COMPAQ SP018UP#ABA MXL15101L62012 HP COMPAQ B2B14UT#ABA 2UA2051D2X 2012 HP PRO 3500 SERIES MTMXL41804ZG 2012 HPZ2302UA41128XS2012 HP Z600 2UA213130M 2012 HP XW4600 USH905010Z 2012 HP Z220 2UA24711222012 HP Z220 AUA33018N7 2012 HP Z600 2UA10517Y72012 HP Z220 2UA33018NG 2012 HP NV470UT#ABAMXL0320ZG9 2012 HP VS876UT#ABA MXL10121BB 2012 HP COMPAQ NV506UT#ABAMXL0290GGJ 2012 HP XW4600 USH905010Y 2012 HP XW4600 USH9050110 2012 ACERVERITON X4610G 2012 HP COMPAQ2UA2051D672014 HP-SERVER PROLIANT ML350 USE910N2H4 2010 Agenda Item 09 Laptops LENOVOX100E 350829U 2010 ACERTRAVELMATE 5760 LXV560307420712010 Network Gear CISCO WAP321 SER175103RX 2011 CISCO WAP321 SER175103PQ 2010 CISCO CATALYST 2950 FOC0912Z1F8 2003 Mobile Devices VERIZONDRIODXT10802011 VERIZONDRIODXT1080 2003 VERIZONELLIPSISQTAIR72014 Monitors HP LA2205WG3CQ0054RJD2013 ACERAL1706 ETL51084596250D2013 5F04200 HP LA2206X CNC149QL59 2013 HP P4825CN2467B7912011 HP PE1242CNP348B392 2011 now therefore be it Resolved, that the Town Board does hereby declare that the computers and computer equipment identified above is surplus, obsolete, and is no longer needed by the Town; and be it further Resolved, that the Town Board finds that the transfer of computer software installed on the computers and computer equipment identified above would not cause a breech of a computer software license agreement or an infringement of a copyright; and be it further Resolved, that the Town Board hereby directs Town staff to discard and dispose of the computers and computer equipment identified above in the most economical and environmentally responsible manner currently available and consistent with the best interests of the Town of Ithaca.