HomeMy WebLinkAboutTB Packet 2020-09-14MEETING OF THE ITHACA TOWN BOARD
Monday, September 14, 2020 at 5:30 p.m.
Call (929) 436-2866 or www.Zoom.com
Meeting ID 980 2887 8010
Agenda
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
3. 5:30 p.m. Public Hearings regarding:
a. 2020 Assessment Rolls for Special Benefit Districts and Special Benefit Areas
for 2021 tax year
i. Consider Adoption
b. 2021 Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point)
Preliminary Budget
i. Consider approval
A proposed local law "A Local Law Comprehensively revising Town of Ithaca
Code Chapter 125, "Building Construction and Fire Prevention," adding
Dangerous or Unsafe Buildings, Structures and Equipment Provisions to Chapter
125, and Deleting Chapter 129, "Buildings, Unsafe"
i. Consider adoption
d. Consideration of a waiver/reduction in the fee for a Temporary Certificate of
Occupancy for 104 Grove PI
i. Approval/Denial
4. Consider setting a public hearing regarding adoption of the New Neighborhood Code
5. Consider authorization for Supervisor to sign a revised and extended lease agreement
with Tompkins County History Center
6. Presentation of Highway Superintendent's Equipment and Machinery Report
7. Resolution Urging the Tompkins County Legislature to Call Upon New York State to
Allocate Funding to Local Municipalities to Support the Provision of Rural
Emergency Medical Services (EMS)
8. Discuss and consider naming of the various preserves on Culver Road the Culver
Road Preserve with sub -areas retaining their names
9. Consider a Resolution of Appreciation — Lisa Carrier-Titti
10. Consider Consent Agenda Items
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Set Finance Officer Interview Committee
11. Report of Town Officials and Committees
12. Review of Correspondence
13. Adjournment
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INIE'ETING OFT11E, ITHACATOWN BOARD
Monday, Septeuiber 14, 2( 20
IT Resolutim 2020 - : AdODti011 ofthe 2020 Assessment Rolls Ior Smcial Benefift Disti-iiets
and Special Bepel"it Amas for Tax Year 2021
Whereas, the Town Board of the Town ofhliaca held as properly adWrtkCd public hearing at the
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Town Hall, 215 North Tlo-a Street, Ithaca, New York, oil the 14th (lay of September 2020J, to
consider the 2020 Assessment Rolls for Special benefit Districts and Special Bericht Areas for tile
To,wvn of1thaca l"orTax Year 2021, now, therefore, be it
Resolved, the (love rn in g Town Board cal, the Town of Ithaca hereby approves and adopts the 2020
Assessment Rolls for the Special Benefit F)jstricts and Special Benefit Areas ofthe'l'own of Ithaca
for Tax Year 2021 as follows:
Fire Protection District: Assessed Value - $1,291,61 1,686,00
Forest Home l.i lit District: Assessed Value - S41,729,600J)O
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Glenside Light District: Assessed VaILIC - S5,115,100.00
Renwick 11ciolits Liolit District: Assessed Value - S14,474,600.00
Eastwood Cormiions Lialit District: Assessed Value - S18,674,900.00
Clover Lane Li -ht District: Assessed Value - $2,970,000.00
Winners Circle Light Districc Assessed Value - S2,890,000.00
Buricioli Drive Light District: Based Upon 3,971.1 lineal feet.
Westilaven Road Liozn,ht District: Based Upon Road FrontaZ7oc of 6,592.0 lineal feet.
"ect.
Coddington Road Light District.: Based upon Road Frontage cal' 6,526.3 lineal feet.
Water hi)pr(:wemcn1 Benefit Arca; (.!nits Avaflahle & Connected - 8,306,93,
Ad Valorem Water Improvement Benefit Area: Assessed Value - S667,1 2l , 132.00
Sewer Improvement Benefit Area: Units Availal-,)le & Connected - 7,973,6T
Ad Valorem Sewer Improvement benefit Area: Assessed VIlLIC - S736,752,499.00
Town 520 Omitted Move Tax: Actual A11101.1111 - S 1,599.5 1,
Moved: Seconded:
Vote: Ayes -
MEETING OFTHEITHACATOWN BOARD
Mmiday, September 14, 2020
,rB Resolutiou, 202,0 - : Approval of the Soutliern Cayuga Lake hitermug,icipal Water
Conimission 2020 Budget (Bolts g Point`
WIICIVaAS the SOLIthern C ayuga 1-ake IntelInUniCil-Kil Waiter Commission 2021 Preliminary Budget
lias been capproved by the ConlnlkSi011 -,UIL1 a1 J)Ublic hearing dutifully held by the Tow"n of Ithaca
on September 14, 2020. no", therefore be it
Resolved that the 'Fawn Board approves the SOLIthern CaYUM LakL I III CrIIII.IrliCipUl WrItCl'
Commission 2021 BLKI(Iet LIS SUbmitted.
Moved: Seconded:
vote:
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4
BOARD
Monday, September 14, 2020
TB Resolution 2,020. : A,dopt Local Law XXX of 2020: A Local Law C"om2i-chensively
Revidne Town of Ithaca Code Chaptei- 125, "BuRclinu Construction and Fire Pi-evention,"
Adding Dangemus or Unsafe Buildings, Structures and Eguipment Pi --visions to Chapter
125, and Deleting, Cha 12tei- 129, "Buildings, Unsafe"
Whereas the Towns Codes and Ordinances Comniittee has reviewed, revised and recominended
-1
changes to incorporate CUrrellt 'TOW11 Of ItIlliCa Code Chapter 129 relative I-C(ILIlations into current
t, 4117
Chapter 125 regulations and revised and Updated Chapter 125 to reflect CM-1-ClItTown and State
]-C(jUircmcnts, liow therefore lie it
Resolved that thcTown Board hereby adopts Local Law XXX cif` 2020: A Local Law,
Comprehensively Revising Town ofithaca Code Chapter 125, "BUildill(I Construction and Fire
Prevention," Dancl
Adding el-OLIS Or Unsafe BUildings. StrUCtUrandes uI.-.qUij)lllCllt PrOViSiOlIS to
z:l C,
Chapter 125. ancl Deleting Chapter 19a -Buildings. t Cnsafe,-. effecilve up(m filing, with New
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York State.
Move& Seconded:
vote:
MEETING OF THE ITIHACA,roWN BOARD
Monda.),,, September 10, 2020
TB Resolution 2020 - : Consideration of Waiver/Wduction in fee for a Temporary
Cerfificate of Occupancy at 104 Grove P1
Whereas the Town Board received a request for a waiver (rano the fee for a Ternporary
Certificate Of 0CCUpanCy O'CO) from the owners, (if'104 Grove P1 aIS Outlined it, 'rown of lthalca.[
Code, Chapter 125-7 (9 a-2), and
Whereas the Town Board discussed the request at their August 1.0, 2020 meeting incl scheduled a
public hearing as I-e(JUired by the Town of Ithaca Code stated above, and
Whereas the Town Board held said public hearing on September 10, 2020 to hear comments
reganting the reqUest, now therefore fie it
Resolved that [lie Town Board does hereby
Opt on I -- waive the fee, of $ ]j 00 to r- aTC0,
Cytion 2 — mduce the fee from S 1,100 to XXXXX
Option 3 — deny the request 1br a waiver
Balancing criteria:
[2] To rUsew own 00 kedwfeed For a ternpo,my wq&mm A avywwyx uUme dcagAnn druL
6.444-,
[a] Ue fee fat Vve ody"i njddoar permn wm sAkely hTe to cvNcr One cosu to Me Rnwj inbufq-,:',
Ude Enkmemen 05 iiyeahan nme and mnew boo of PrM.Swevewmg am mysmmg he
of o-iord b&Ame memo, hw Ond cendwase of oauawy ot
cr-,t&rote of a t"psay (sompony cwhkaw rNbMg On cme hr Qkh L
red.tjon in fee rs req e^ ted, a•rd
[b] Tne pa)ment of to ke as nonrab, do, rnmed houndw acud be a wykwo Anwad nwdnp to Pie,
[c] 1 ne, need S"My MyWOV LS VOSe Of WVqSno or sand wale of =qAance was not created by tm.,
ank I dqgwe d Me appk ant Pi prmecutir.a te avra qne prc,,yer r�, and
[d] Tie rakatan m We w me mmownewmarl to NY Are Que hmdwb to Qy epocwq wA sl one he
c ons ro toe town t An ed r 3 a bovo and
[c] A fc- * e wfa
s,=t P, 125-7B ha,,,, ne""r, ;, et,
!he Vwi Enwvi at grg an wpkWnan For a KWIC&MOW21y Leq&aV Of CaMPOVY U CMIMS Of
corAwKe or a "Ohnon M ke asq"Yone :U& 'emsmye co-d:t�013 E!� I! deErll-, .rndt�r the
my"Sww� Py Mn
With the following:
Findings:
Di -aft language for findings
1. That (lie fee for the original building permit nos sufficient to cover the costs to the Town,
01,
That the fee for the (gional building peW was not stift'ident to cm,cr die casts to be
Town and at rafuction is proposed to cover the difference in costs to the `Prawn, and
2. That die payment of the fee mmuld be a sigrAdicarit hatUship givenXXXXXXXXXX, and
3. That the need for the "FCO was not created by a lack of diligence by the applicant, bUt
rather We dif0culty(s) hirposed by the restrictions on construction activities by COVID-
19 and NYS Execudve CAW concerning the ability to work in many fields and
inCILISIrieS and the suhsequent delays in obtaining materials, and
4. That the reduction/waiver in fee to XXX is the minifflUni necessary to alleviate the
hardship and cover the costs to the Town, and
5. That A othet- condi6ons for the issuance of aTCO as set Inh in Town Ade 1257B
have been met
125-7 B
Gore Majoy tyrTcwy U.11cee CT (Wcupa myCq COUSIC d WMgOMM tai. cme bownMynoMy now NA
IkOmWm w qj! J i,v,�A &P Av h Owce A new vQv room uwd u wmqA Noysmay mhW
PAn"W"an owar'M PA, Vow bus, vwnw,a win U h. pow VNW, HM bwd,
-,u', pa—mvvt co Acs, Yeaqaxy w cc Mae Ar =Www-,�
CP
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DI Gnomon" A"p—MAku',
[Q 1400=5 WA MUWAY WK, 70y in undaym w
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[2] 0: lent to WN VW pWr M 00 ZI 0 VYWng OMOM; Q a po !WMM C 004WO of =WV -y S'
(ujnmrW,r ha�� I V 'd i if �x ci wi aed .:
ol, Inwo OV 0 a WN FAX&M- 0 A's 0 t 0 U—W POV OV QW 6, OVOWP 4 W!' jy R
COINve
MEETING OF THE rrHACA TOWN BOARD
Monday, September 14,2020
TB Resolution 2020 - : Setting a public hearizig regarding the adoption of the New
Nei(-,hborhood Code arid related Town Code amendments
Resolved, that the Town Board of the Town of Ithaca Nvill 1101dl J)UbhC hearingat 5:30 prm at the
Town Hall, 215 North Tio-a Street, Ithaca, New York on the 19"' day of . October 2020aild, it'
C7
necessary, via the ZOOM video and aaacliO conferencing platforn) Per (TOVel-1101- CUORIO'S l.;XCCLltiVC
47
Order(s) and Extension(s) regarding health & safety efforts associated with COVID- 19, for the
purpose of considering the adoption of the New Neighborhood Code and related Town Code
C -
amendments, and be it further
RCS01VC(l, that kit SLWll tune and place Lill persons interested in t1le proposed local law will be
heard concerning the same.
t -
moved: Seconciccl-
VLate. :
MEETIN(,,'OF,rnE rrHACA TOWN BOARD
Monday, August 24, 20,20 at 4:30 p.m.
TB Resolution 2020 - : Authorization for Supervisor to sign a revised lease agreement
with the Toma kinsCountj, Hi.stoEvCenter
I
Whereas the Tompkins County History Center (Center) has LI current lease with theTown of
Ithaca that is renewable yearly anal expires each year oil August 31s', and
L -
Whereas given the COVID-19 pandemic and consequent ShUtdown ofthe Center and I'LIFIOLIgh Of
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its employces, it is expedient to revise the lease to a 5 -year term, and
Whereas a revised lease, Nxith the single significant change being the term of the lease from
z �7 4 --
yearly to 5 -years, with a review and option [or the Town to increase the rent by Lip to 6%
occurrintn a in Am"LlSt of 2022, is proposed, now therefore he it
Z7
Resolved that the 'T'(),,A,n Board aL.Q1101-IZCS the Town SUpervisor to execuite the revised lease
agreement as described.
Moved: Seconded:
Vote
LEASE AGREEMENT
Between the History Center and the Town of Ithaca
September 1, 2020 — August 31, 2025
LANDLORD: Town of Ithaca, a municipal corporation with an office at 215 N. Tioga St.
Ithaca. New York 14850 (hereinafter the "Landlord")
TENANT: The History_Center in Tompkins County, a NYS Not -for -Profit corporation &
registered 501(c)3, located at 110 N. Tioga Street, Ithaca. NY 14850 (hereinafter the
"Tenant")
PROPERTY ADDRESS: 215 N. Tion Street. Ithaca. NY 14850 (the "Building").
1. RENTAL AMOUNT: Commencing September 1. 2020. Tenant agrees to pay
Landlord the annual sum total calculated at a rate of Four Dollars ($4.00) per square foot
(hereinafter the "Rent") in 12 monthly installments in advance on the first day of each
calendar month during the Term (defined below in Section 4), together with a Security
Deposit (defined below in Section 5). The Rent shall be delivered by Tenant to Landlord
at the following location: by hand or mailed to 215 N. Tioga Street, Ithaca. New York
14850. Rent must be received by Landlord. or Landlord's designated agent, no later than
the fifth day of each calendar month during the Term to be considered in compliance
with the terms of this Lease. A late charge of five percent (5%) of the current rental
amount due shall be incurred if Rent is not paid within five (5) days of when due.
2. PREMISES AND USE: The Premises consist of the portion of the Building described
in Exhibit A to this Lease consisting of storage area within the Building totaling 2461
square feet (Vault- 980 sq.ft., Records Room - 378 sq.ft., 1st collections room - 259
sq.ft., 2nd collections room - 558 sq.ft., 3rd collections room - 286 sq.ft.).
3. This amount may be amended from time to time (hereinafter the "Premises"). The
Tenant shall also have the right to the non-exclusive use of hallways and elevator (for
access) and basement common areas with pre -approval needed for purposes not
identified in this lease. Tenant shall use and occupy the Premises solely as a collections
storage, management and care space for the Tenant. At all times during the term of this
Lease, Tenant shall occupy and use the Premises in compliance with all applicable
laws, ordinances, rules, regulations, orders and requirements of any Federal, State or
local government and/or any department or bureau thereof. Tenant's use and
occupancy of the Premises, common areas and other facilities,, rooms and areas
specified above shall comply with Landlord's policies and procedures regarding same.
Tenant will not do or suffer to be done anything in or about the Premises which will
contravene Landlord's policies of hazard or liability insurance or which will prevent
Landlord from procuring such policies in companies acceptable to Landlord or will
increase the premiums for same payable by Landlord.
Pg. 1
Under the terms of this Lease, employees of the Tenant agree to limit preservation and
research work to specific hours of use and access. All work will occur within the
Premises outlined above on Wednesday and Thursday from 12pm — 5pm. Tenant
acknowledges the other tenants in the Building areas identified in Exhibit A, and will
minimize impact on their work space and environment. In addition, the staff of the
Tenant will have access on Fridays from 9:00am to 5:00pm, and have the option to
temporarily set up additional tables for work in the Building areas identified in Exhibit
A. Any tables and chairs set up on Fridays will be removed when staff vacates the
premises on Friday. Additional access may be needed outside of normal operating hours
and will be negotiated with Landlord. At all times, staff of the Tenant will treat other
users within the Building with courtesy and work to ensure a quiet, safe, and productive
work environment for all. The days and hours specified above are subject to change
with a 30 day written notice.
4. ADDITIONAL SERVICES PROVIDED: Under the terms of this Lease, Tenant agrees to
assist Landlord in the curation, design, and execution of exhibits in the Town Hall of the
Town of Ithaca. A schedule of rotating content will be established in consultation with the
Town Supervisor. Tenant also agrees to work with Town of Ithaca representatives in the
selection and accession of records and items into The History Center in Tompkins
County's archives and collections.
5. TERM: The Premises are leased for the following lease term (hereinafter the "Term"):
five-year term commencing September 1, 2020 and expiring on August 31, 2025. This
Lease may be renewed for five-year extensions as agreed to in writing, executed by
both parties.
6. SECURITY DEPOSIT: Tenant deposited with Landlord the sum of Four Hundred
Dollars ($400.00) at the time of the signing of the original lease in the summer of 2019.
At the expiration of the Term, provided that (a) Tenant performs all of Tenant's
obligations in compliance with this Lease, (b) Tenant vacates the Premises in the same
condition (including level of cleanliness) as of the Commencement Date, ordinary
wear and tear excepted, and (c) Tenant has not caused damage or unusual wear and tear
to the common areas or other facilities, rooms or areas that it is permitted to use
pursuant to this Lease, Landlord shall return the Security Deposit to the Tenant within
twenty-one (21) days of the Tenant vacating the Premises. Tenant may not use the
Security Deposit for Rent owed during the Term. If Landlord deducts any amountfrom
the Security Deposit prior to returning the Security Deposit to Tenant, Landlord shall
furnish Tenant a written statement indicating any amounts deducted from the Security
Deposit and return the balance of the Security Deposit to the Tenant.
7. INITIAL PAYMENT: Upon signing this Lease, Tenant shall pay the first monthly portion
of the total annual rent for the occupied square footage at the established rate of $4 per square
foot. Said payment shall be made in the form of cash, check, cashier's check, or electronic
fund transfer, and shall be due upon signing this Lease. The rent, for the period after
September 1, 2022, will be re-evaluated in the summer of 2022 and the Town may increase
the rent for the remaining three years of this lease by no more than 6%.
Pg. 2
8. SUBLETTING OR ASSIGNING: Tenant agrees not to assign or sublet the Premises,
or any part thereof, without first obtaining written consent from Landlord, which
consent may be given or withheld at the sole discretion of the Landlord. Any
occupation of the Premises by a third -party without the Landlord's written consent,
whether by subletting, sharing, co -location or other arrangement, whether rent is paid
by the third -party or not, shall be considered a violation of this Lease; provided,
however, Tenant's municipal participant representatives, guests and invitees shall be
permitted to enter and remain in the Premises to conduct business in the ordinary
course of Tenant's business.
9. UTILITIES: Landlord shall be responsible for all utilities and/or services supplied to
the Premises, including telephone, electric, gas, water, access controls, janitorial, snow
removal, pest control, common area maintenance, repair, and other services provided
to the Building by the Landlord. Tenant shall provide and pay for Internet.
10. PARKING: There are no parking rights provided in this Lease.
11. CONDITION OF PREMISES AND THE BUILDING: Tenant acknowledges that the
Premises have been inspected by the Tenant. Tenant acknowledges that the Premises
have been cleaned and all items, fixtures, appliances, systems and appurtenances are
in complete working order. During the Term, Tenant shall maintain the Premises in a
neat and sanitary condition. Tenant shall reimburse Landlord within ten (10) days of
Landlord's request for any sums necessary to repair any item, fixture, appliance, system
or appurtenance that require repairs due to actions or inactions of Tenant, or any of
Tenant's municipal participants, guests, or invitees.
Landlord shall maintain and repair all items, fixtures, appliances, systems and
appurtenances in the Premises and the Building. Tenant shall notify the Landlord in the
event Tenant becomes aware of any broken or non -working items, fixtures, appliances,
systems or appurtenances, including, without limitation, any electrical, gas, or plumbing
conditions, and Landlord shall repair such broken or non -working item, fixture,
appliance, system or appurtenance as soon as reasonably practicable. Landlord shall
maintain and repair the Premises and the Building in compliance with all federal, state and
local statutes, orders, codes, ordinances and laws. If Landlord shall fail to maintain and
repair the Premises in compliance with this Section 9, and such failure shall materially
impair Tenant's ability to conduct Tenant's business operations in the Premises, the Rent
shall abate in proportion to the portion of the Premises unfit for Tenant's business
operations.
12. ALTERATIONS: Tenant shall not make any alterations to the Premises or the Building,
including, but not limited to, installing fixtures and equipment, or moving or removing
wails, doors, or other partitions, without first obtaining written consent from Landlord,
which consent may be given or withheld at the sole discretion of the Landlord. Any
alterations made with Landlord's consent shall be surrendered with and as part of the
Premises at the end of the Term. Tenant shall not change or install locks, signs, paint, or
wallpaper on the Premises or the Building without Landlord's prior written consent.
Pg. 3
13. LATE CHARGE/BAD CHECKS: A late charge of five percent (5%) of the current Rent
due shall be incurred if Rent is not paid within five (5) days of when due. The Landlord
shall have the right to charge interest on any Rent that remains unpaid for thirty (30) days
at the rate of twelve percent (12%) per annum.
14. NOISE AND DISRUPTIVE ACTIVITIES: Tenant guests and invitees shall not disturb,
annoy, endanger or inconvenience other tenants of the Building, neighbors, the Landlord
or the Landlord's agents, or contractors, and Tenant shall not violate any law in the conduct
of Tenant's business in the Premises, and shall not commit or permit waste or nuisance in
or about the Premises.
15. LANDLORD'S RIGHT OF ENTRY: Landlord may enter and inspect the Premises during
normal business hours and upon reasonable advance notice to Tenant and accompanied by
a Tenant representative if Tenant makes a representative reasonably available. Landlord
shall be permitted to enter the Premises to make all alterations, repairs and maintenance
required by this Lease. Landlord shall have the right to enter the Premises without advance
notice or the need to be accompanied by a Tenant representative in the event of an
emergency. In the event of an emergency, the Landlord shall provide notice of such
emergency and Landlord's entry to the Premises in response to such emergency to Tenant
as soon thereafter as reasonably practicable. The vault room access door must be left
unblocked and Tenant must provide Landlord access to the vault room at all times upon
reasonable advance notice.
16. REPAIRS BY LANDLORD: Where servicing or a repair is the responsibility of the
Landlord pursuant to this Lease, Tenant shall provide Landlord with written notice stating
what item, fixture, appliance, system or appurtenance needs servicing or repair, and
Landlord shall have a reasonable opportunity to service or repair the item, fixture,
appliance, system or appurtenance. Tenant acknowledges that Rent shall not be withheld
based upon a claim of failure to repair, except as provided for in Section 10.
17. PETS AND TOBACCO USE: No dog, cat, bird, fish or other domestic pet or animal of
any kind maybe kept on or about the Premises without Landlord's written consent, with the
exception of any service animals. Tobacco Use is not allowed inside the Premises, Parking
Lot or around perimeter of the Building.
18. FURNISHINGS: The Premises are rented unfurnished with the exception of shelving.
19. INDEMNITY: To the extent permitted by law, Tenant shall defend, indemnify and hold
harmless the Landlord and all of Landlord's elected officials, Board members, agents,
affiliates, directors, public officers and employees ("Indemnified Landlord Parties") from
and against any and all liability, loss, damages, costs, claims, actions or lawsuits, brought
or asserted against any or all Indemnified Landlord Parties for injury or death to any person
or persons, damage to property, or other damages or losses arising out of or in connection
with the acts or omissions of Tenant, or of its agents, municipal participants, affiliates,
directors, officers, employees, or subcontractors, related to this Lease or the Premises. Such
indemnity shall include the costs of defending any action, including reasonable attorney
Pg. 4
fees, expert fees, and other litigation costs. To the extent an Indemnified Landlord Party is
negligent, Tenant's indemnification shall not extend to the proportion of loss attributable
to that Indemnified Landlord Party's negligence. The Indemnified Landlord Parties shall
not be liable for any interruption or loss of business or consequential damages no matter
how the same may be occasioned.
To the extent permitted by law, Landlord shall defend, indemnify and hold harmless
the Tenant and all of Tenant's elected officials, Board members, agents, affiliates,
directors, public officers and employees ("Indemnified Tenant Parties") from and
against any and all liability, loss, damages, costs, claims, actions or lawsuits, brought
or asserted against any or all Indemnified Tenant Parties for injury or death to any
person or persons, damage to property, or other damages or losses arising out of or in
connection with the acts or omissions of Landlord, or of its agents, municipal
participants, affiliates, directors, officers, employees, or subcontractors, related to this
Lease or the Premises. Such indemnity shall include the costs of defending any action,
including reasonable attorney fees, expert fees, and other litigation costs. To the extent
an Indemnified Tenant Party is negligent, Landlord's indemnification shall not extend
to the proportion of loss attributable to that Indemnified Tenant Party's negligence. The
Indemnified Tenant Parties shall not be liable for any interruption or loss of business
or consequential damages no matter how the same may be occasioned.
For the purposes of the parties' obligations and rights under this Lease, personnel who are
assigned to, and under the supervision of, the Executive Director, Archivist, and/or Curator
of The History Center in Tompkins County are considered Tenant's employees.
20. INSURANCE REQUIREMENTS: Throughout the Term and any extensions, Tenant
shall procure and maintain insurance against any and all losses, costs, expenses, claims,
liabilities, actions, and damages, including liability for injuries or death to any person or
persons or damage to property arising at any time during and/or arising out of or in any
way connected with Tenant's use or occupancy of the Premises or the Building.
The following are the minimum required insurance coverages:
a. Commercial General Liability
Bodily Injury and Property Damage: $1,000,000 Each
Occurrence Products/Completed Operations: $2,000,000
Aggregate
Personal Injury & Advertising Injury: $1,000,000 Each
Person/Organization General Aggregate: $2,000,000 Per Location
Basis Damage to Rented Premises: $ 500,000
b. Business Automobile Liability
Combined Single applicable to all
Owned, Non -Owned and Hired Autos $1,000,000 Each Accident
c. Excess "Umbrella" Liability
Bodily Injury and Property Damage: $1,000,000 Each Occurrence
Pg. 5
Products/Completed Operations: $1,000,000 Aggregate
General Aggregate: $1,000,000 Per Location
Basis
d.Workers' Compensation & Employers' Liability
Workers Compensation Limits: Statutory
Limits Employers Liability Limits:
Each Accident $1,000,000
Disease Each Employee $1,000,00
Disease Policy Limit $1,000,00
e. Tenant's Casualty Insurance
All risk casualty insurance, including loss by sprinkler, written at replacement cost value
and with replacement cost endorsement, covering all of Tenant's personal property in the
Premises, including, without limitation, inventory, trade fixtures, floor coverings, furniture
and other property removable by Tenant under the provisions of this Lease, and all leasehold
improvements installed on the Premises by Tenant pursuant to the terms of this Lease.
The insurance carriers providing the required coverages shall be licensed to do so in New
York State, and shall be rated no lower than "A- X" by the most recent Best's Key Rating
Guide unless otherwise agreed to in writing by Landlord.
All policies except workers' compensation and employers' liability must be endorsed to
include Landlord as additional insured on a primary and non-contributory basis. All
policies must be endorsed to waive all rights of subrogation against Landlord.
Prior to the use or occupancy of the Premises, Tenant shall deliver a Certificate of
Insurance (including copies of the Additional Insured and Waiver of Subrogation
endorsements) acceptable to Landlord certifying that policies of insurance for the required
coverages have been issued and are in effect. Upon expiration or cancellation of any
policy during the Term or any extensions, the Tenant shall immediately deliver to the
Landlord a Certificate of Insurance evidencing proper renewal or replacement of the
policy.
Tenant shall report to the Landlord, in writing and as soon as practicable, any personal
injuries, death or property damage arising at any time during and/or arising out of or in
any way connected with Tenant's use or occupancy of the Premises or the Building.
21. EXPIRATION OR TERMINATION OF LEASE AND HOLDOVER: At the expiration of
the Term, or any renewal thereof, or upon termination of this Lease, Tenant shall vacate
the Premises in compliance with this Lease. Upon the expiration or termination of this
Lease, the Tenant shall deliver the Premises to Landlord broom clean and surrender all
keys to Premises to Landlord. The Tenant shall remove all of its equipment and personality
from the Premises within ten (10) days of the expiration or termination of this Lease and
repair any damage resulting therefrom event the Tenant does not vacate the Premises at
the expiration of the Term in compliance with this Lease, the Tenant shall be deemed a
Pg. 6
hold over tenant, with a tenancy on a month to month basis at 110% of the monthly Rent
as provided for hereunder. During any holdover period, the Landlord or the Tenant may
terminate the tenancy by the serving of a 30 -day written termination notice to the other
party.
22. POSSESSION: If the Premises cannot be delivered to Tenant as of the Commencement
Date due to a casualty loss, total or partial destruction of the Premises or the Building,
a delay in the construction or renovations to the Premises and/or the Building, or
failure of a previous tenant to vacate the Premises, either party may terminate this
Lease upon written notice to the other party. If either party terminates this Lease pursuant to
this Section 21, that party shall have no liability to other party, except that any and all amounts
paid by Tenant to Landlord will be immediately refunded to Tenant.
23. QUIET ENJOYMENT: Provided that no Tenant default exists hereunder, Tenant shall
at all times during the Term have, hold and enjoy the Premises without disturbance,
ejection or hindrance from the Landlord.
24. DEFAULT: In the event of a breach of the terms of this Lease by the Tenant, including
a failure to pay Rent within a period of thirty (30) days of the due date for such Rent,
or if the Premises become deserted or vacant for more than twenty-one (21) days,
Landlord shall have the right to terminate this Lease and proceed with an eviction of
the Tenant in compliance with New York State law. If Tenant is evicted in compliance
with New York State law, and Landlord prevails in any eviction proceedings, the
Tenant shall be responsible for reasonable attorney's fees and court costs of the
Landlord.
25. WAIVER: Landlord's failure to require compliance with the conditions of this Lease,
or failure to exercise any right provided herein, shall not be deemed a waiver by
Landlord of such condition or right. Tenant's failure to require compliance with the
conditions of this Lease, or failure to exercise any right provided herein, shall not be
deemed a waiver by Tenant of such condition or right. Landlord's acceptance of Rent
with knowledge of any default under this Lease by Tenant shall not be deemed a waiver
of such default, nor shall it limit Landlord's rights with respect to such default or any
subsequent right. No waiver of any conditions or rights under this Lease shall be
effective except by written agreement executed by both parties.
26. VALIDITY/SEVERABILITY: If any provision of this Lease is held to be invalid or
unenforceable, such invalidity shall not affect the validity or enforceability of any
other provision of this Lease, as it is the parties' intention to have this Lease valid and
enforceable to the fullest extent pern: l itted by law.
27. ATTORNEY FEES: In the event that any action or proceeding is brought by either party
to enforce any terms or conditions of this Lease or to recover possession of the Premises,
the prevailing party shall recover from the other party reasonable attorney fees.
28. NOTICES: All notices to the Tenant shall be deemed served upon mailing by first class mail
addressed to the Tenant at the Premises or upon personal delivery to the Premises, whether
Pg. 7
Tenant is present or not at the time of said delivery. All notices to the Landlord shall be
served by mailing first class mail addressed to the Town Supervisor at the Building or by
personal delivery to the Town Supervisor at the Building.
29. PERSONAL PROPERTY OF TENANT: Following the expiration of the Term and
Tenant's vacating of the Premise, all personal property left in the Premises for more
than ten (10) days shall be property of the Landlord, and Landlord may keep such
property as Landlord's property or dispose of such property at Tenant's cost and
expense in any manner Landlord reasonably chooses.
30. ENTIRE AGREEMENT: This Lease, including any exhibits attached hereto and
incorporated herein by reference, constitutes the entire agreement between the parties
and supersedes any prior or contemporaneous oral or written representations or
agreements that may have been made by either party. This Lease may only be
amended by written agreement executed by both Landlord and Tenant. All terms,
conditions and agreements contained in this Lease shall be binding upon and inure to
the benefit of the parties hereto, their respective heirs, personal representatives,
executors, administrators, successors and assigns.
Town of Ithaca
Rod Howe, Town Supervisor Date
THE HISTORY CENTER IN TOMPKINS COUNTY
Benjamin Sandberg, Executive Director Date
Pg. 8
Town of Ithac"Ll
Dopariment of'Public. Works
To: Ithaca Town Board
From: Joseph Slater, 1-11-liwa)' SLIperintencleni/Director ell` Public Works
Re: Inventory off-lighway Machinery and ECILlipMel'It
Date; September 2, 2020
As Part, of the 2021 BLICIg-et request, I am proposinpy, the followin.gy vehicle replacement and new
eqLJ1l)1IIeIII:
Ford F,"-350 Van q##221
540,000
Volvo 10 -Wheeler Durnp (#1139
5275,000
Volvo IO -Wheeler Dump (##159
S275,000
Diesel Mower (#55)
$18,500
Ford F-450 SLIper Duty Dump (#7)
$65,0010
Ford F-150 Pickup (423)
S40,000
Kubota Utility Tractor (#50)
S50,000
Quality Steel Trailer (#'F3)
$5�,500
144 h \vay/Park s/W/S/S t on n \,N, ate r
Parks/Storamater/W/S
Hi(,hw,ty/Piii-ks/W/S/Stoi-iiiwaiter
Engineering
C7 1 Z7,
I- I i - It way/ll� I rk s/W/S
liohway/Flti°ks/W/S/Stoi,iil\,N-atei-
t�
Wells CargoTrailer (#TI 19 59,000 I fig li%�,ay/1),ii-ks/W/S/Stt)rriiwttei-
Z-
As Part of the 2021 Budget request, I have identificd the follc�wing costs for vehicle and eqLIij)MCJIt
C7 11:�
majntenajlcc:
0 flighway/Machinery $105,000
0 Parks S2,0,000
0 Water $10,000
0 Sewer $ 15,000
a En-inecrin- S,2,501O
"152,500
MEETING 0FTHII'.1T11A( I ATOWN BOARD
NImiday, S . September 14,2020
IT Resolutimi 2i1 i9 - ; lea solutimi Urgiiig
! the Tompkin s Coupty Legislature to Call Upop
New York State to Allocate Fundhgy to Local Nitinicipalities to Support the Provisiop of Rural
Emergency Medical Services (FMSJ
Whereas, volunteer Fire services and Enlergency Medical Services (EMS) in rural NYo
ew rk State
Z7
have been under pressure for many years - ongoing declining volunteerist-n rates which leads to tile
C declining
of, departments, which leads to tile expansion of covcraoe areas f'or nearly' agencies, which
dieniselves st.rugcfle with stat inti - In an environment of'ever-increasing costs, and
Z- In
Whereas, efforts to increase volunteerism, particularly in EMS, while noble, are neither sustainable
nor effective enou-Ii to rilake a nICWIiIl0t'UI inlIMCt and
LI I
Whereas, as as result of these circUllISIMICCS, Many 11ILMICI[XIII ties have been forced to implement paid
ENIS Departments, contract liar services with other paid departments, Or (10 With(All timely ENIS
c(.)% eragc t"Or their residents, and
Whereas, the cmgoing Covid- 19 pandemic has highlighted the CI`j(ICAI MAWIV of EMS, IMI'llCUlarly in
rural areas where EMS response is the Priulilry SOLINC Of fi-Ontfine emergency healthcare to millions of*
New York residents, and
Whereas, as as subset of the healthcare field, amival EMS cost increases strain the budgets Of' 11117<Al
towns and villages who are nevertheless morally and ethically obligated to provide thesc services to
Z- - C'
01CIrCCHIStILLIcias, and
Whereas, Article XVII §3 of the New York SUIte ("OnStilLuI011 StMCS tIhAt, "Ple p)-otection aml
pi-omotion of health of then inhabitants qfthe carte are movers ofpitblic conct,oi and pi-ovisim
there
five shall be atade by the state and b - vsuch subelivisions and ill such 1110MIff, (Uld bv such
means as the legislatyi-e shall Lrom time to time detei-ndiie, " (emphasis added), and
Whereas [tie Tompkins C01111I)f COLInCil Of' GOVerJIIJICIAS (TCCOG) reCILIeStS tile Toilipkins County
Legislature call upon New York State to allocate I'LInding to IoC,11 11111niCipa11itiCS 10 SLIPPOI-t tile
47, C,
provision cal" rural EMS, and
Whereas the TCCOG flas requested that [lie Tompkins County Legislature advocate for a Consolidated
�7
Local Street and Highway improvement Program (CHIPS) or State Operating Assistance (ST02k)
model ol' funding wherein ftinds will be, allocated to municipalities US1110 f'orl'uLlIae which takes into
Z:7
aCCOUI]t Ca111 VOIL1111C, COVCNt-c area, and funding needs, now, therefore be it
It, Z7
Resolved, that the Ithaca Town Board supports the I-CLILICSI. Crane TCCOG to the Tortipkins County
LC(IiSkItUre to C�111 Upon New York Suite it,) allocate funding to local municipalities LO SLIJ)POI-t tile
Z7 C,
provision Ot'l-Ural Emergency Medical Services (EMS), and be it further.further.
Resolved, that the Town Clerk is directed to forward this I-CSOILItiOn to New York State Legislators.
Z!,
Moved: Seconded:
Vote:
MEETING CSC THE ITHACA TOWN BOARD
Monday, Septembei- 14,2020
TB Resolution 2020 .. : Rename Dress Woods Pi-csei-ve, Gerda Knegfinan's Glen Preserve,
Marcia's Woods Pi-eserve, and the i-ecentiv acquit -ed Babcock lands as the "Culver Road
Preserve",
Whereas, in February 2006. the Town of Ithaca pUrchascd -Dress Woods Preserve"
(approximately 12 acres) can CLIlver Road, and
Whereas, in October 2012, the Town of Ithaca purchased -Gerda Knegtman's Glen
ZI
Preserve" (approximately I I acres') on Culver Road, and
Whereas, in May 2010,,the 'Yown of' Ithaca purchased "Marcia*s Woods Preserve"
(approximately, 59 acres) on CUIVel-arld Bostwick Roads. and
Whereas. in June 2018 and Deceniber 2019, the'Fown of Ithaca purchased two parcels on
CUIVff Mesad From the Finger Lakes Land "FrUSt for an additional preserve (totaling approxinlatcly
74 acres), which has not been officially narned, and
Whereas, all of these properties are adjacent to each other and the Town of Ithaca now
wishes to manage these 156 acres as one C011tigUOUS preserve-. now thereforc be it
Resolved. that the Town Board hereby designates that the overall jiirne of these 156 acres
(Tax Parcel'No.'s 32.-1-7, 3141-9, 31,- -1.22, 3 L-6-1.2-1, 31.-1-1 1.2. and 31.-1-14.4) shall be the
"("salver Road Preserve", and be it I'Lulher
Resolved, that the "Fown Board hereby designates the narnes ofthe subareas of the "CLIlver
Road Preserve". which A ill maintain the original intent of their naming. as "Dress Woods", -Gerda
Knegniian's Glen*', "Marcia's \Voods- and -Babcock Ridge-.
Moved: Seconded:
Vote:
PLANNING DEPARTMENT MEMORANDUM
TO: TOWN BOARD MEMBERS
FROM: MICHAEL SMITH, SENIOR PLANNER
DATE: SEPTEMBER 9, 2020
RE: RENAMING PRESERVES ON CULVER ROAD
Since 2006, the Town of Ithaca has purchased four separate preserves in the Culver Road area
totaling approximately 156 acres. The four preserves are adjacent to each other and help to
create a large contiguous protected area. They mostly contain mature woods, with some areas
on the new Babcock property currently in various stages of succession (open fields, brush,
young trees, older trees). The preserves south of Culver Road contain portions of several
creeks and are located within the Culver Creek Ravine and Woods Unique Natural Area (UNA-
140).
The last 74 acres that was just purchased from the Finger Lakes Land Trust (which they
purchased from the Babcock family) has not been officially named by the Town Board. Since
the Town purchased that land through a NYS State Parks grant, we need a name for it so a sign
can be ordered which will be placed on the property. With a new name required for this most
recently purchased preserve area, it was felt that this would be a good time to look at all the
preserves along Culver Road and update the name for this area.
Over the years as the Town has purchased these properties, each one has been named
separately as its own preserve. Now with 156 contiguous acres acquired, they are not separate
preserves anymore. As you walk the three preserves on the south side of Culver Road, they all
have very similar vegetation and topography and it would be very difficult for anyone on site to
tell that you were crossing into three separate areas. The proposal is to combine these four
preserves into one preserve and manage them as one preserve. The idea is to call the entire
156 acres the "Culver Road Preserve" and use the existing names to identify specific subareas.
So, we would have the "Culver Road Preserve" which contains "Dress Woods", Gerda
Knegtman's Glen", Marcia's Woods", and the new "Babcock Ridge". Basically, we are just
removing the word "Preserve" from each of the smaller areas and providing a name for the
former Babcock lands. If the Town were to acquire additional lands in the future in this area,
they would be added to the overall Culver Road Preserve. Attached is a map showing all the
Town owned preserve land around Culver Road and the four proposed subareas labeled.
For example, on a town -wide map we would only identify this area as the "Culver Road
Preserve", but if we were doing a detailed map or brochure just showing this preserve, the four
smaller areas could also be identified. The existing signs at the road for the three existing
preserves would need to be updated but could still contain the subarea name. Below is a Town
sign from the East Ithaca Recreation Way to show how the roadside signs could look for the
four subareas. Here we have the East Ithaca Recreation Way as the overall main trail, but that
section is also referred to the William and Hannah Pew Trail, So, for the preserve, "Culver Road
Preserve" would be the top line and then each of the subareas would be listed below on their
separate signs.
Currently the three areas south of Culver Road have roadside signs and pull offs for parking a
couple vehicles, but there are no trails or other development at the sites. Having this area
identified as one preserve will help provide a more holistic management perspective for this
area and future planning. With this preserve being for passive recreation, the Town expects
future plans could include small parking areas, trails and trailheads, signage, and scenic view
locations.
Please let me know if you have any questions prior to the meeting,
NNIEETING' OFTHE ITHACA TONNA BOARD
IN'londay, Septernbej- 14,2020
'I'll Resolution No. 2020-126: Recognition of Lisa CarHei-jitti's Dedicated Years of Sei-vice
Whereas, 1-Isa. Carrier-Titti started her career at the Town of Ithaca on September 14, 1998, as the
pioneer Network/Records Specialist; she brought her edLICation, years of experience in the
Cr,
administration of medical records and her great desire to learn, implement anti work niore with
C0111PLIter networks, and
Whereas, Records Management \v,as an integral part of the first decade ofljsa's career with the
Management C7
town; she worked collaboratively with the Tokk'n Clerks' Department in applying and prOCUring
several records managenient grants, the lar -est 01' which included the Placement of" archival -
I L-1
(11.41lity, temperature and nioistffe controlled Vault for historical records and a secondary records.
storage room located at IIIC CLIJ-1-ellt 1 1 own Hall, and
Whereas, Lisa started with at town that had as small number of computers, limited hiternet access
and a makeshift network system. With the move t0 the CUITC111 Town Hall in 2000 and renovations
to the Puhhc Works Facility in 2003, Lisa has been able to upgrade the network tO HICILKIC 0VCI-
130 devices vVith UnliluitCd internet access, a VOIP caller system, and has migrated ',III users to
Office 365; Lisa was persistent in g
expanding g her knowlede and skills to MIkC sure all the
Z7
depart nic tits and facilities had access to Up-t0-tI1C-I11iI1UtC, teCIII101011-Y, and
Whereas, through Lisa's detern-lination and leadership, fiber optic was laid to enable both Town
lacilities to easily and efficiently share data and documents, and she integrated a fiber connection
integrated
Tomkins County to allow for a digital archival .system integration that bl'L701,11111( significant
p
improvements and efficiencies to alt Town staff and greatly benefited town residents, and
Whereas, during the C(.)VID panden-fic, Lisa worked tirelessly in assistinC, g Town staff and was
instruniental in enablin-t, the transition to allow fear remote work Nvith no advance notice, by making
g
quick and effective decisions and providing support even it' it meant driving to an employees
Z71" �7
house to help configUrC r0LItCrS SO tl'Wy Could VPN into the Town's network system, and
Whereas, after twenty-two (22) years and one day of dedicated and devoted service to out-
COMMUnity, Lisa has chosen to retire from the Town ofIthaca, effcctive September 16, 2020, now,
therefore, be it
Resolved, that the rown Board cd' the Town of Ithaca, on behalf of the Town and its citizens,
expresses its sincere appreciation and gratitude to Lisa Carrier-Titti for her distinguished and
dedicated Service to Our C01111111,111itN'.
Moved: Seconded:
Vote:
MEE"I'ING f'THE rriIAC I A TOWN 130ARD
Nlonday, Septennher rel, 2020
TB Resolution 2,020 - : Adopt Consent Agenda
Resolved, that theTown Board ofthe 'fown of Ithaca hereby approves and/or adopts the
follow,in- Consent A(lencla flellis:
aa) Approval ol"Fown Board Mit"UnCS
b) Approval of "Fawn ofithaca Abstract
c) Appr(wal ot'Bollon Point Abstract
d) Set Interview (','oRln'litLCC Finance, Officer
Moved: Seconded:
Vote: ayes -
J'B Resolution 2020 - a: Approval of Minutes
Resolved, that the 'Fawn Board hereby approves the draft minutes olJuly 27, 2020 as SUbillitted
With 11011-SUbstantial corrections Alll�leSk,'d and approved by the Board mad e.
Clc�
TBResolution2020- I): Town of Ithaca Abstract .17 for FY -2020
Whereas the followim, llLUohffCC1 VOLICIM'S have been presented to the Ithaca Town Board for
approval of'payment; and
Whereas the said vouchers have been aWdlted for payment by the said Town Boa rdl- no",
therefore be it
Resolved that the governino 'Fawn Boud hereby lLltll()I'iZCS the payment of the said VOLIchers in
total for the an-iounts indicated.
VOUCHER NOS. 958- 1051,
-----------
GICIlel'at Fund 'Fown Wide
... . ......
80,537A3
General Fund Part-1,own
. . . ....... . ......... . -,- -------- ------
2,97&66
1-1 y..Fund 'f'own \Xidc DA
� "1 11 —%V 4 .... ..............
711 A 0
Llj,,,.hWay.Frand Part Town DB
44,936,34
Water Fund
767,05T 10
SCWCIFUnd
367,766,96
Ga�e� 1 1_8_
State Route 961) Sidewalk - 117
------------ ------ -
36,54&93
PWF Renovations Project 1122 . . .... . .....
74,33476
Risk Retention F"Und
378.33
Forest Home lJolitin- District
178-72
Glenside Liolitinu District
73.14
.r._ .....
. ... .... . ..... -..
Renwick flet fats LicPhting District
-- - ---------
88.77
Eastwood CoMmons Lightim, District
185.29
..... . ......
Clover Lalle, LiZjitinv District
21.59
C.-
Winner"s Circle Ligffiting District
7025
138111"1 11 Drive Lighting Di
istrict
73.6,6
c-
WestHaven Road Li-liting District
District_
22TOO
..... .... . . = ...... -- CnLi-,� -
Cpcldington.Rma(�i loan t
1355 }1
TrUSt and Agency
27,099.91
Debt Service
31.54
TOTAL
1,405,325.98
TB Resolution 2020 - c: Bolton Point Abstract
I
TB Resolution 2020 - Cl. Set Interview Committee - Finance Officer
Resolved that Towii Board hereby csmbllshes an intorview committee consisting of'Rod I lowe,
Eric Levine and Pamela Bleiwas Cor the pc)sitjon offinance Officer