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HomeMy WebLinkAboutTB Packet 2021-01-11ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021- 5:30 p.m. ZOOM.com ID# 9891095 8241 Call In (929) 436-2866 AGENDA 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Discuss and consider approval of Town Board Meeting Schedule for 2021 4. Acknowledge Supervisor's Town Board Committee Appointments and discuss and consider Town Board Appointments to the: Planning Board, Conservation Board, Zoning Board of Appeals, Citizen Advisory Committees and Intermunicipal Organizations 5. Discuss and consider 2021 Association of Towns' Resolutions and consider designation of 2021 Official Delegate and Alternate Delegate for the New York State Association of Towns 2021 Annual Meeting 6. Discuss and consider authorization for the Town Supervisor to sign annual service contracts approved in the Town Budget on behalf of the Town 7. Discuss and consider approval of the Highway Expenditures Agreement 8. Discuss and consider authorization for certain expenditures by the Superintendent of Highways without prior Town Board approval 9. Discuss and consider annual approval of: Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Procurement Policy, Green Fleet Policy and the Board Protocol and Procedures Manual 10. Discuss and consider setting a public hearing regarding a proposed local law allowing for a monetary contribution to the City of Ithaca for its parks 11. Discuss and consider setting a public hearing regarding a Public Interest Order for the proposed King Road East Water Main Extension Water Improvement project and establishing the Town of Ithaca King Road East Water Main Extension Water Improvement Area, subject to Permissive Referendum 12. Discuss and consider a 2021 budget amendment to increase Joint Youth Commission Program budgets 13. Discuss and consider approval of, and authorization for the Supervisor to sign, a Stormwater Operation and Maintenance agreement and associated easements for Alex Way subdivision 14. Discuss and consider approval of the Bicentennial Proclamation 15. Consider Consent Agenda a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Account 16. Report of Town Officials, Committees, and review of Correspondence 17. Consider adjournment Item 03 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021• : Set Dates for 2021 Meetings of the Town Board Whereas the Town Board of the Town of Ithaca meets on the second Monday of each month at 5:30 p.m., and Whereas the Town Board also sets aside the fourth Monday of each month for an additional meeting. These second meetings are commonly called study sessions which begin at 4:30 and are held in a smaller meeting room. These study sessions focus on reports from committees and presentations to the board with action items added only when necessary, and Whereas the Town Board also sets aside the first Thursday in October for a meeting dedicated to the review and discussion of the Tentative Town of Ithaca Budget, and Whereas the Town Board also schedule's an End of Year Meeting which shall be scheduled for Wednesday, December 29, 2021 at 11:00 a.m., now therefore be it Resolved that the Town Board of the Town of Ithaca hereby approves the meeting schedule as detailed above, with adjustments when needed for holiday observances. Moved: Seconded: Vote: Ayes — Item 04 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Acknowledge Supervisor's Town Board Committee Appointments and Confirm Citizen and Intermunicipal Committee/Board Membership Appointments and Recommendations to the City Resolved, that the Town Board of the Town of Ithaca acknowledges the Town Supervisor's annual Town Board Committee appointments, and be it further Resolved, that the Town Board of the Town of Ithaca makes the following appointments for Citizen Committees/ Boards, Staff Committees, and Intermunicipal Organizations for annual terms unless otherwise indicated. Town Board Appointments: Town of Ithaca Planning Board Ariel Casper — Regular member; through December 31, 2026 Jamie Vanuccni — Regular member; through December 31, 2027 Margaret Johnson —Alternate member through 2021 Leibe Meier Swain — Chair for 2021 Town of Ithaca Zoning Board of Appeals Bill King —Regular member — through 2025 Bill King - Chair for 2021 David Filiberto — Alternate member — through 2021 David Williams — Alternate member — through 2021 Conservation Board Members - through 2022 Elizabeth Hageman James Hamilton Eva Hoffmann Carolyn Lee Associate Members — through 2021 Lindsay Dombroskie Karen Johnson Feltham Chair Appointment - Lori Brewer Supervisor's Appointments to Committees Budget Eric Levine, Chair Pat Leary Pam Bleiwas Personnel and Organization Pam Bleiwas, Chair Pat Leary Rod Howe Codes and Ordinances Bill Goodman, Chair Planning Rich DePaolo, Chair Bill Goodman Pat Leary Public Works Tee -Ann Hunter, Chair Rich DePaolo Rod Howe Yvonne Fogarty — Planning Board Page 1 of 3 Pat Leary Eric Levine Ad Hoc Committees Economic Development Rod Howe, Chair Rich DePaolo Pam Bleiwas Sidewalk Committee Bill Goodman, Chair Rich DePaolo Pat Leary Green New Deal Nick Goldsmith Bill Goodman Rod Howe Tee -Ann Hunter Staff and Citizen Committees Item 04 Eva Hoffmann — Conservation Board Bill King — Zoning Board of Appeals Short Term Rentals Rich DePaolo Tee -Ann Hunter Pat Leary Bicentennial Committee Rod Howe Pat Leary Paulette Rosa David George Employee Relations Pam Bleiwas — Chair Pat Leary Rod Howe *Staff representatives are appointed by fellow staff Records Management Tee -Ann Hunter Eric Levine Rod Howe Agriculture Bili Goodman (Liaison) Intermunicipal Committees/Organizations Paulette Rosa — Facilitator John Little Cayuga Lake Watershed Intermunicipal Organization Tee -Ann Hunter Rich DePaolo (Alternate) Cayuga Medical Center Rod Howe Community Housing Development Fund (CHDF) Program Pat Leary — Town Representative Page 2 of 3 Item 04 Ithaca -Tompkins County Transportation Council (ITCTC) Policy Program Rod Howe Sue Ritter Bill Goodman (Alternate) Joe Slater Ithaca College Community Work Group Rich DePaolo Joint Youth Commission Rich DePaolo Through 2022: Christianne White Lorraine Moran Eric Levine (Alternate) Evelyn Karnes Chelsea Benson Cable Access Oversight Committee (Recommendation to the City Council) Rich DePaolo Recreation Partnership Eric Levine Pam Bleiwas Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) Bill Goodman Rod Howe E&O — Bill Goodman Public Policy — Rod Howe Personnel — Bill Goodman Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Bill Goodman Tee -Ann Hunter Rich DePaolo Tompkins County Council of Governments Rod Howe Bill Goodman (alternate) Tompkins County Municipal Health Consortium Judy Drake Subcommittee - Joint Committee on Plan Design Rod Howe (alternate) Judy Drake Rod Howe (alternate) Page 3 of 3 Item 05 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday January 7, 2021 TB Resolution 2021- : Naming of Official Delegate and Alternate for the Year 2021 to the New York State Association of Towns Annual Meeting and Support for Reported Resolutions Whereas, the NYS Association of Towns Annual Meeting is held in New York City, but due to the COVID-19 pandemic, will be held virtually in 2021 and Whereas, the Town of Ithaca is a member in good standing with the NYS Association of Towns and is eligible to have voting rights at the said meeting and Whereas, it is necessary for the Town Board to appoint an Official Delegate and Alternate who will have voting rights on behalf of the Town of Ithaca at the said meeting and Whereas, the Town Board has reviewed the Reported Resolutions from the Association of Towns of the State of New York received January 2, 2021, now therefore be it Resolved, that the Town Board of the Town of Ithaca hereby appoints ----------- as the Official Delegate and ------------- as the Alternate Official Delegate on behalf of the Town of Ithaca at the 2021 NYS Association of Towns Annual Meeting; and be it further Resolved, that the Town Board of the Town of Ithaca does hereby support Reported Resolutions submitted by the Association of Towns. Alternate - ......supports reported Resolutions ----- with the following comments; Moved: Seconded: Vote: Ayes — Item 06 MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Approval and Authorization for the Town Supervisor to Execute Annual Agreements, Contracts and Memorandums of Understanding Resolved, that the Ithaca Town Board hereby approves and authorizes the Town Supervisor to execute annual agreements, contracts and memorandums of understanding, which amounts were included as part of the 2021 Ithaca Town Budget or are recurring agreements, with the following service provider(s): a. Legal Services — Susan H. Brock, Guy Krogh and Lorraine Moynihan Schmitt b. Tompkins County Public Library ($15,000) c. Recreation Partnership ($73,353) d. Coddington Road Community Center - Counselor -In -Training Program ($20,061) e. Ithaca Youth Bureau - Youth Employment Program ($75,004) f. Cooperative Extension of Tompkins County - Youth Development Program ($52,120) g. The Learning Web - Youth Exploration Program ($56,519) h. New Roots Charter School - Youth Entrepreneurship Market Program ($10,000) i. Gadabout ($12,000) j. Lifelong ($9,000) k. Human Services Coalition ($5,000) 1. Community Science Institute (CSI) - Water Quality Monitoring ($21,957) m. Ithaca Babe Ruth League MOU n. Federal Work Study Program Moved: Seconded: Vote: Ayes — Item 07 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Approval of the 2021 Agreement for the Expenditure of Highway Monies Resolved that the Town Board of the Town of Ithaca approves the following Agreement with the Highway Superintendent of the Town of Ithaca for 2021: AGREEMENT between the Town Highway Superintendent of the Town of Ithaca, Tompkins County, New York and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS. The sum of $200,000 shall be set aside to be expended for primary work and general repairs upon 7 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and walks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The sum of $200,000 shall be set aside to be expended for the permanent improvement of town highways, including paving, guide rails, etc. The sum of $300,000 shall be set aside to be expended for the permanent improvement of Sand Bank Road to re-establish shoulders and install an asphalt overly on 0.86 miles of road The sum of $170,000 shall be set aside to be expended for the permanent improvement of the Muriel/Rosehill to re-establish shoulders, gutters, drainage facilities, replacement of gravels and asphalt on 0.08 miles of road The sum of $200,000 shall be set aside to be expended for the permanent improvement of the Winston/Salem to re-establish shoulders, gutters, drainage facilities, replacement of gravels and asphalt on 0.08 miles of road The sum of $80,000 shall be set aside to be expended for the permanent improvement of the Birchwood/Sycamore to re-establish shoulders, gutters, drainage facilities, replacement of gravels and asphalt on 0.08 miles of road Executed in triplicate this 11 th day of January 2021 (signatures on file on separate Agreement) Moved: Seconded: Vote: ayes — Item 08 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Authorizing Certain Expenditures by the Superintendent of Highways without Prior Town Board Approval Whereas, Section 142, Subdivision- 1(a) of the New York Highway Law authorizes the Town Board to adopt a resolution permitting the Town Superintendent of Highways to purchase equipment, tools and implements without prior approval of the Town Board in an amount or amounts to be fixed by it from time to time; and Whereas, the Town Board adopted a 2021 Ithaca Town Budget which included monies for the purchase of vehicles, tools and equipment; and Whereas, it is determined by this Board to be reasonable and proper and in the best interests of the efficient functioning of the Public Works Department that the Town Superintendent of Highways be granted permission to purchase such items without its prior approval in amounts not to exceed the approved respective budgeted amounts; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby authorize the Town Superintendent of Highways to spend amounts, not to exceed what is identified within the adopted 2021 Ithaca Town Budget, without the prior approval of this Board, for the purchase during fiscal year 2021 of vehicles, tools and equipment to be used for highway maintenance, construction, reconstruction, and/or snow removal; except when the lowest responsive and responsible bidder is not selected and be it further Resolved, that the authorization hereinabove granted shall be construed as meaning that the total amount spent on each item purchased by the Town Highway Superintendent during fiscal year 2021 shall not exceed the respective budgeted amount for that item in the adopted 2021 Town of Ithaca budget. Moved: Seconded: Vote: ayes — Item 09 ORGANIZTIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Annual Approval of Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Fleet Policy, Green Procurement Policy and the Board Protocol and Procedures Manual Whereas the Town Board reviews certain policies and procedures at its Organizational Meeting as required by the Town of Ithaca Code or at direction of the Town Board, and Whereas the Ethics Disclosure Form and Distribution List, Procurement Policy, Cash Management and Investment Policy, Emergency Management Response Plan, Green Fleet Policy, Green Procurement Policy and the Board Protocol and Procedures Manual have been submitted to the Town Board for review, now therefore be it Resolved, the Town Board of the Town of Ithaca hereby accepts, approves and affirms the above listed policies, procedures and forms as required for the year 2021. Moved: Seconded: Vote: Ayes — Item 10 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Setting a public hearing regarding a proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" Resolved, that the Town Board of the Town of Ithaca will hold a public hearing on Monday, February 8, 2021 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "Authorizing a Monetary Gift to the City of Ithaca to Support Cass Park and Stewart Park Recreational Facilities" in the amount of $56,000 (A7110.460). Moved: Seconded: Vote: Ayes — Item 11 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga St., Ithaca, NY Tompkins County January 11, 2021 at 5:30 p.m. TB Resolution 2021 -XXX: Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12- C of the Town Law, to be known as the Town of Ithaca King Road East Water Main Extension Water Improvement and establishing the Town of Ithaca King Road East Water Main Extension Water Improvement Area. Present: Moved: Seconded: Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca King Road East Water Main Extension Water Improvement, (the "Improvement"), to provide such Water Improvement to the present Town water system, such water system Improvement to be constructed and owned by the Town of Ithaca; to serve a benefitted area in said Town to be known as the Town of Ithaca King Road East Water Main Extension Water Improvement Area (the "Water Improvement Area"); and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the area of said Town determined to be benefited by said Town of Ithaca King Road East Water Main Extension Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of the construction of approximately 2,175 LF of 8" and 10" ductile iron water main and installation of two (2) pressure reducing valves and precast structure(s) along King Road East, construction of approximately 1,610 LF of 8" ductile iron water main along Troy Road, and associated appurtenances and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of $1,050,000; and Whereas, said $1,050,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed, at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the issuance of serial bonds with a maximum maturity not in excess of the forty (40) year period prescribed by the Local Finance Law, or directly by the issuance of such bonds; and Item 11 Whereas, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 8th day of February, 2021, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: The Order was thereupon declared duly XXXXXXX. 2 Item 12 MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Budget Amendment - 2021 Ithaca Town Budget to Increase Joint Youth Commission Program Budgets Whereas, the Town values highly its Youth Programs for the many benefits provided for the Town's young people; and Whereas, the Joint Youth Commission (JYC) has ably facilitated many of the Town's youth programs for many years; and Whereas, the Town has received a communication from the JYC requesting an amendment to the 2021 Ithaca Town Budget to 1) increase the budget for the JYC Youth Programs from the adopted total of $197,828 to an amended total of $213,695, and 2) to adjust the budgets of the individual programs within the amended total to meet the goals established by the JYC for 2021; now, therefore, be it Resolved, that appropriations for Joint Youth Commission Programs in the 2021 Ithaca Town Budget be amended as follows: • General Townwide Fund — Expenditures - Account A7320.464: Youth Employment Program (Ithaca Youth Bureau J Youth Employment Services) is increased from $70,000 to $75,004. - Account A7320.465: Youth Development Program (Cornell Cooperative Extension of Tompkins County) is increased from $46,908 to $52,120. - Account A7320.466: Youth Exploration Program (The Learning Web) is increased from $50,859 to $56,510. and be it further Resolved, that the Town Board appropriates the amount of $19,382 from the existing fund balance of the Town's General Townwide Fund to provide funding for the increase. Moved: Seconded: Vote: Ayes — Item 13 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Authorization for Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater related easements associated with the Alex Way Subdivision Proiect Whereas the Alex Way Subdivision Project includes stormwater management and treatment facilities which necessitates a Stormwater Operation, Maintenance, and Reporting Agreement, along with associated stormwater easements, between Giora and Limor Fix and the Town of Ithaca, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the proposed Operation, Maintenance and Reporting Agreement, and the proposed Permanent Stormwater and Access Easements and Right -of -Way, is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA; now therefore be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater easements associated with the Alex Way Subdivision Project, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: TOWN OF ITHACA OPERATION, MAINTENANCE, AND REPORTING AGREEMENT This AGREEMENT effective this day of , 201, by and between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town"), and GIORA FIX and LIMOR FIX of 2 Willow Point, Ithaca, New York 14850 (collectively, the "Owner"). WITNESSETH: WHEREAS, the Owner received final subdivision approval for the Alex Way Subdivision (the "Approval") from the Town's Planning Board by resolution number 2020-001 dated January 21, 2020 on tax parcels 60.4-25.21, 60.4-25.22, 60.-1-25.23 and aportion of 60.-1-21, at 11, 14, and 15 Alex Way, and 128 Honness Lane in the Town of Ithaca, Tompkins County, New York; and WHEREAS, condition a of such Approval stated that before the issuance of any building permits for any lot besides the premises identified as Lot 1 on the final Alex Way Subdivision Plat dated July 30, 2019, last revised July 6, 2020, and attached as Exhibit A (the "Final Plat"), the Owner was required to enter into a stormwater operation, management, and reporting agreement for the construction, maintenance and implementation of approved stormwater facilities and/or other stormwater management practices, and for the submission of stormwater inspection reports; NOW, THEREFORE, in consideration of the granting of the Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance, the parties agree as follows: 1. Construction of Facilities and Implementation of Practices. (a) The Owner agrees to construct all of the stormwater management facilities, erosion and sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: (i) The dry swale and other swales, overflow weir, berms, inlets, catch basins and stormwater pipes, which shall be located substantially as shown on Sheet C 103 Utility and Grading Plan, dated July 30, 2019 and last revised on October 27, 2020, attached as exhibit B (referred to in this Agreement as the "Drawings"); and (ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, and all other drainage -related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawings; and (iii) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations. Alec Way Subdivision Lata 1-6) Stonntivater Maintenance Agreement Page i Of iU (b) The Owner further agrees to implement, at its expense, all approved stormwater management practices ("Practices"), in addition to the Facilities, that are required as part of the Approval, and such future Practices as may be required by applicable laws, rules, or regulations. (c) All of the Facilities and Practices in subparagraphs (a) and (b) above shall be constructed and implemented as shown on the Drawings, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer. 2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to or an interest in any portion of Lots 1-6 shown on the Final Plat (the "Premises") on which any of the Facilities or Practices are located, such agreement being expressly intended to run with the land and be binding forever, to operate, maintain and repair the Facilities and Practices to insure that they continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence, the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities and Practices which is part of the Approval and is set forth in the approved Alex Way Subdivision drawing set prepared by T.G. Miller, P.C. Engineers and Surveyors, entitled "Alex Way Subdivision, Giora and Limor Fix, Town of Ithaca, Tompkins County, New York", including sheets C 101, C 102, C 104, C 105, and C20 l,dated July 30,2019 last revised July 6, 2020; C 103 Utility and Grading Plan, dated July 30, 2019 and last revised on October 27, 2020; Sheets 1OF3, 20F3, 30F3 prepared by T.G. Miller, P.C. Engineers and Surveyors, dated July 30, 2019. In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities and Practices as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices functioning in a good and workmanlike manner. 3. Town Inspections, Repair and other Activities. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit C. The Owner agrees the Town may enter upon the properties described in Exhibit C or any portion thereof for the purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town, and to make repairs to and undertake other actions regarding the Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such inspections, the Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made and/or needed maintenance performed within the number of days set forth in such notice. If the Owner fails to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the required period, the Town reserves the right (but does not have the obligation) to have the repairs made and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same. Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to and perform emergency maintenance on, Alex Way Subdivision Lou 1-61 Stornnrater Maintenance Agreement Page 2 of 10 and/or to alter, remove, replace, or change the size of, any portion of the Facilities or Practices in the event of a threat to the safety of the Facilities, Practices or properties adjacent to or downstream of any portion of the Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility or Practice is located off-site or on the property of a third party, the Owner, at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and issues a demand for reimbursement, and the Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities, or cost, or both, is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Town Engineer and the Owner, shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the resolution to the Owner, within five days after such filing, at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York, provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of said repairs/activities within 10 days after the demand for same, or, if contested by the proceedings set forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town, then such unpaid costs, expenses and interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the Facilities or Practices are located. The Town may bring a legal action or proceeding to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to Alex Wap Subdivision Lots 1-6) Stortmvater Maintenance Agreement Page 3 of 10 recovery from the other party of its reasonable costs in prosecuting or defending any action, including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party" shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit. Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a different timetable where required by the Approval or by law, rule or regulation. Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections, and a summary of any maintenance activities or corrective actions undertaken. Reports shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy of the information provided in the report. Failure to submit the reports, or the submission of inaccurate reports, shall constitute a condition of non-compliance with the subdivision Approval and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities or Practices except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of subdivision approvals. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. The parties agree to amend this Agreement as necessary to incorporate the requirements of any new or amended laws, ordinances or regulations. 9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for the Premises. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. 10. Binding Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to or an interest in any portion of the Premises on which any of the Facilities or Practices are located shall be bound by the terms of this Agreement. The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to, or an interest in, any portion of the Premises on which any of the Facilities or Practices are located. (b) Failure to comply with any of the requirements of this Agreement shall, without limiting the remedies otherwise available to the Town, constitute a condition of non- compliance with the subdivision Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town Law. 11. Representation as to Authority. Each of the persons executing this Agreement on behalf Alex Way Subdirision Lots 1.6) Stormu•ater Maintenance Agreement Page 4 of* 10 of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution, the party for which he or she is executing this Agreement is fully bound by its terms. 12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its elected officials, employees, agents, subcontractors and consultants for all damages, losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement, except this indemnification shall not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the Town or, where Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and (5) the waiver is the minimum necessary degree of variation from the requirements of this Agreement. 14. Assignment. The Town may assign this Agreement and any of its rights, duties and obligations to any successor entity or governmental institution, or to any one or more drainage or other districts hereafter created by the Town. 15. Severability. In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. [Signature Page Follows] Alen Way Subdivision Lots 1-6) Storrmvater Maintenance Agreement P' ge 5 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. Date Date f011ii E112 BY: Rod Howe, Supervisor GRANTOR Giora Fix Date Limor Fix STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20_ before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theircapacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Ater Way Subdivision Lots 1-6) Stornrnrater Maintenance Agreement Page 6 ol' 10 STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20_ before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20` before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Alex Way Subdivision Lots 1.6) Stornas•ater Maintenance Agreement Page 7 of 10 EXHIBIT A ALEX WAY SUBDIVISION PLAT Alex Way Subdivision Lots 1-6) Stortrnvater Maintenance Agreement Page 8 of 10 EXHIBIT B SHEET C103 UTILITY AND GRADING PLAN Alex Way Subdivision Lacs 1-6) Stormstater Maintenance Agreement Page 9 of 10 PERMANENT STORMWATER EASEMENT AND RIGHT-OF-WAY Alex Way Subdivision Lots 1-6) Storni+vater Maintenance Agreement Page 10 of 10 PERMANENT STORMWATER EASEMENT AND RIGHT-OF-WAY THIS INDENTURE is made this day of , 20_ by and between GIORA FIX and LIMOR FIX, of 2 Willow Point, Ithaca, NY 14850 (collectively, 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 of certain parcels of land comprising 3.047 acres, identified as tax parcel numbers 60.-1-25.21, 60.-1-25.22, 60.-1-25.23 and a portion of 60.-1-21, located in the Town of Ithaca, Tompkins .County, New York, and commonly known as the Alex Way Subdivision (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, an 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 stormwater, drainage and/or sediment control facilities, including ditches, ponds, 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 parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels 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: A portion of Tax Map Parcel Nos. 60.4-25.21, 60.4-25.22, 60.-1-25.23, and part of Tax Map Parcel 60.4-21, Lots 1-6, as further depicted on "Exhibit B -C103 ALEX WAY SUBDIVISION UTILITY AND GRADING PLAN, GIORA AND LIMOR FIX, ALEX WAY, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," easement areas shown and identified as "Extent of Stormwater Related Facilities," prepared by T.G. Miller P.C., and David A. Herrick, PE, Lic. No. 064974, dated July 30, 2019, last revised October 27, 2020, and filed with the Tompkins County Clerk's Office on February 20, 2020. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings 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 and approvals issued by Grantee that explicitly reference the aforesaid permanent easement) shall be constructed 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 stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices. 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 and 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 stormwater, drainage and/or sediment control facilities, including ditches, ponds, 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 and 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 and approvals 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 and 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: "Being the purpose of the said stormwater easement and right -of way to convey rights to the Town of Ithaca for stormwater, drainage, sediment control and stormwater management 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 stormwater, drainage and/or sediment control facilities, including ditches, ponds, 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, 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." 2 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 Grantee will at all times, 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. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. GRANTOR GRANTEE -Town of Ithaca Giora Fix Limor Fix State of New York ) County of Tompkins ) ss.: Rod Howe Supervisor On the day of in the year 2021 before me, the undersigned, personally appeared Giora Fix, 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 they executed the same in their capacity, and that by their signature on the instrument, they executed the instrument. Notary Public On the _ day of in the year 2021 before me, the undersigned, personally appeared Limor Fix, 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 they executed the same in their capacity, and that by their signature on the instrument, they executed the instrument. Notary Public 3 State of New York ) County of Tompkins ) ss.: On the _ day of in the year 2021 before me, the undersigned, personally appeared Rod Howe, Supervisor, 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 they executed the same in their capacity, and that by their signature on the instrument, they executed the instrument. Notary Public Item 14 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD Monday, January 11, 2021 TB Resolution 2021- : Town of Ithaca 2021 Bicentennial Proclamation Whereas, the Town of Ithaca is located on the traditional homelands of the Gayogoho:nq' (the Cayuga Nation), members of the Haudenosaunee Confederacy, and of their refugee guests the Tutelos and Saponis. We honor the ongoing connection of Gayogoh6:nq' people, past and present, to these lands and waters, and Whereas, on March 16, 1821 the Town of Ithaca, consisting of a population of 1,000 people, was founded and incorporated by subdividing 36 square miles from the Town of Ulysses, and Whereas, at that time, the Town of Ithaca included the Village of Ithaca, formed on April 2, 1821, which was subsequently incorporated on June 1, 1881 as the City of Ithaca, and Whereas, the first Town meeting was held on April 3, 1821 and a second special meeting called on April 28, 1821, at the request of 12 freeholders, regarding the necessity of electing 3 additional constables, and Whereas, in June 1915, a portion of the northeast area of the town was incorporated as the Village of Cayuga Heights, and Whereas, the Town of Ithaca, including our portion of the lake and the Village of Cayuga Heights, is about 30 square miles, and Whereas, the Town consists of East Hill, South Hill, Inlet Valley and West Hill forming a "donut" (some might say "croissant") around the city, and Whereas, a combination of the City and a portion of the Town comprises the 10 square miles often quoted in the phrase "10 square miles surrounded by reality," and Whereas, we are the connector between the City of Ithaca and our sister towns, and touches every town except two in the county, and Whereas, the Town of Ithaca has developed from a rural landscape to a diverse mix of farms, industries, businesses, academic institutions and two State Parks, and Whereas, the Town of Ithaca is a mosaic of rural, suburban, village, and urban landscapes that surround the City of Ithaca and is a college town, a farm town, a Finger Lakes community, and a tourist destination renowned for its scenic vistas, gorges, waterfalls and Cayuga Lake, and Whereas, our Town logo captures the essence of our landscape geography, and Item 14 Whereas, the Town has been and is involved with numerous cooperative intermunicipal agreements and organizations covering a variety of issues including fire protection and provision of water and sewer services, and Whereas, by special State legislation, the Town shared office space with the City of Ithaca, followed by offices on East Seneca Street and ultimately acquiring the historic U.S. Post Office on N. Tioga St., which had opened in January 1910 and was set to close in 1997, and Whereas, the Town of Ithaca negotiated a purchase of the Post Office building in 1997 for one dollar which allowed a satellite Post Office to remain downtown, and Whereas the Town then embarked on an award-winning renovation of the building retaining many of the historical features for use as our Town Hall, and Whereas, in 2021, the Town of Ithaca now has a diverse population of 20,000 residents, 61 employees and an annual operating budget of $26 million, and Whereas, scores of individuals have worked tirelessly over the past 200 years to make the Town strong and vibrant, and Whereas, the Town continues to strive to establish energy, sustainability, and climate change initiatives as evidenced by our recent renovation of our Public Works Facility according to the Green Building Policy, and Whereas, the goals of the Town's Bicentennial include celebrating our history, encouraging Town residents to learn more about and take pride in our Town, and Whereas, we have planned initiatives during 2021 to celebrate our Bicentennial, now therefore, be it Resolved, that the Town Board approves this 2021 Bicentennial Proclamation and hereby invites all residents and visitors to join us in celebrating. Moved: Seconded: Vote: Item 15 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD January 7, 2021 TB Resolution 2021- : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes — None b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Official Depositories of Town Funds e. Designation of Official Newspaper of the Town f. Official Bonds of Town Officers and Employees g. Increase Open Space Plan Reserve Account Moved: Seconded: Vote: Ayes — TB Resolution 2021- b: Town of Ithaca Abstract No. l for FY -2021 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for audit and approval of payment; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the vouchers in total for the amounts indicated. VOUCHER NOS. 1-60 General Fund Town Wide 155,972.33 General Fund Part -Town 33,009.96 Highway Fund Town Wide DA 20,376.53 Highway Fund Part Town DB 75,712.27 Water Fund 48,813.60 Sewer Fund 336,283.92 Risk Retention Fund 2,500.00 Fire Protection Fund 39,049.83 Trust and Agency 27,818.00 Debt Service 34.25 TOTAL 739,570.69 TB Resolution 2021- c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Item 15 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. Voucher Numbers: 574-617,1-16 Check Numbers: 19391-19445 Capital Impr/Repl Project Operating Fund TOTAL Less Prepaid TOTAL #013 #001 $ 32,800.68 0 $ 91,569.51 $ 99,109.89 $124,370.19 $ 99,109.89 $ 16,569.96 $ 0 $ 107,800.23 $ 99,109.89 TB Resolution 2021 - d: Designation of Official Depository of Town Funds Resolved, that the Town Board hereby designates Tompkins Trust Company as the official depository for monies coming into the hands of the Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2021; and, be it further TB Resolution 2021- e: Designation of Official Newspaper Resolved, that the Town Board hereby designates the Ithaca Journal as its Official Newspaper for legal notices to the public. TB Resolution 2021- f: Official Bonds for Town Officers and Employees Resolved, by the Town Board of the Town of Ithaca, that the Faithful Performance Bonds for the Town Officials and Employees for the year 2021 are approved as follows: Town Supervisor/Fiscal Officer $3,000,000.00 Deputy Town Supervisor $3,000,000.00 Finance Officer $3,000,000.00 Receiver of Taxes $3,000,000.00 Town Clerk $ 25,000.00 Town Justice, James Salk $ 25,000.00 Town Justice, David Klein $ 25,000.00 Highway Superintendent $ 25,000.00 All Other Employees (Per Person) $ 25,000.00 Forgery & Alteration $ 5,000.00 TB Resolution 2021- g: Increasing the Parks, Recreation and Open Space Plan account Item 15 Whereas, the Parks, Recreation and Open Space Plan account was created by the Ithaca Town Board on October 2, 1997 for the future development of parks, preservation of open space, and acquisition of development rights; and Whereas, this Town Board indicated its intention to increase the Parks, Recreation and Open Space Plan account by the amount of $100,000 in the 2021 Ithaca Town Budget; now, therefore, be it Resolved, that this governing Town Board hereby designates an additional $100,000 of unreserved Fund Balance of the General Townwide Fund for the Parks, Recreation and Open Space Plan account, and be it further Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to transfer $100,000 from the General Townwide Fund account to the Parks, Recreation and Open Space Plan account.