HomeMy WebLinkAboutTB Packet 2021-04-26Study Session of the Ithaca Town Board
Monday, April 26, 2021
AGENDA
This meeting will be held via video conferencing due to the extension of the NYS Governor's
Executive Order(s) associated with health and safety precautions for COVID-19
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1. Consider approval and authorization for the Supervisor to sign an agreement
associated with Tompkins County's Ellis Hollow over Six Mile Creek Project
2. Consider authorization for the Supervisor to sign an agreement regarding
streetlight upgrades
3. Consider authorization for the Supervisor to sign an amendment to the contract
with TG Miller, PC for additional work associated with Saunders Park Project
4. Consider acceptance and dedication of water infrastructure associated with
Phase 3 and 4 of the Westview Subdivision
5. Consider approval and authorization of a Bond Redemption from Fund
Balances
6. Committee Reports
a)
Budget
b)
Codes & Ordinances
c)
Personnel and Organization/ERC
d)
Planning
e)
Public Works
f)
Others
o
Short Term Rental
o
Economic Development
o
Bicentennial
o
Parks, Trails, Preserves & Recreation
7. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Working Supervisor — Town of Ithaca job description
d. Approval of 2021 1Q Budget Amendments
e. Resolution of Appreciation — J Hulbert
f. Proclamation — May is Building Safety Month
8. Review of Correspondence
Item 1
Meeting of the Ithaca Town Board
April 26, 2021
TB Resolution 2021- : Granting the State of New York authority to perform construction
Proiect "Ellis Hollow Road over Six Mile Creek Tributary" (Proiect) for the owner;
Agreeing to maintain facilities adjusted via the state -let contract for the Proiect; and
Authorizing the Supervisor to sign any necessary documents related to the Project
Whereas, the New York State Department of Transportation (State) proposes the construction,
reconstruction, or improvement, titled "Ellis Hollow Road over Six Mile Creek Tributary, Town
of Ithaca, Tompkins County, PIN 3756.61" (Project), and
Whereas, the State will include as part of the Project the relocation and adjustment to water
mains, sanitary sewer mains and appurtenances pursuant to Section 10, Subdivision 24, of State
Highway Law, as shown on the contract plans and meeting the requirements of the owner, and
Whereas, the service life of the relocated and/or replaced utilities has not been extended, and
Whereas, the State will provide for the Project, as shown on the contract plans submitted to the
Board, now therefore be it
Resolved, that the Ithaca Town Board hereby approves the Project as submitted and agrees to
maintain, or cause to be maintained, the adjusted facilities at the completion of the Project, and
be it further
Resolved, that Ithaca Town Board hereby authorizes the Town Supervisor to sign any and all
documentation that may become necessary to execute and complete the Project.
Moved: Seconded:
Vote:
FEDERAL AID -LOCAL PROJECTS
UTILITY WORK AGREEMENT
SPONSOR'S NAME NYSDOT
Since the construction, reconstruction, or maintenance of the transportation project described
below, identified as:
Project Identification No.: PIN 3756.61.302
F.A. Project No.: D037729
ROW Declaration No.: N/A
Map Nos.: N/A
Parcel Nos.: N/A
County of: TOMPKINS
Contract No.: N/A
Project Description: ELLIS HOLLOW ROAD OVER SIX MILE CREEK TRIBUTARY, TOWN
OFITHACA
necessitates the adjustment of utility facilities as hereinafter described, the owner, TOWN OF
ITHACA, of said facilities herewith agrees with the Local Sponsor that this agreement shall apply
to the accommodation of these utility facilities. Any adjustment of said facilities will be
accomplished under the terms of this agreement, in accordance with the Rules and Regulations
Governing the Accommodation of Utilities within State Highway Right -of -Way, in accordance
with the contract plans, specifications, proposal, amendment(s), change order(s) and in compliance
with the Special Note, Coordination with Utilities Schedule.
Existing Facilities
The existing 8" ACP Sanitary Sewer located on the north side of Ellis Hollow Road will be in
conflict with the proposed excavation. As part of the proposed project, the following adjustments
to the Sanitary Sewer are proposed:
1. Remove exposed portion of 8" ACP Pipe and replace with 8" PVC.
2. Install clay trench plug in existing sanitary sewer trench.
3. Encase new pipe in concrete.
Final details of the proposed work with be coordinated directly with the Town of Ithaca and
included in the Project Plans.
It Financial Responsibility in accordance with Section 81 of the Highway (check
appropriate boxes):
A. The facilities to be adjusted under the terms of this agreement are subject to Section
52 of the State Highway Law, and the cost of this adjustment is the sole
responsibility of the owner.
Utility Work Agreement — Town of Ithaca
IV.
V.
April 21, 2021
PIN 3756.61.302, Ellis Hollow Road over Six Mile Creek Tributary
B. Subdivision 24 of Section 10 of the State Highway law enables the Local Sponsor to
provide, at the expense of the State, for adjustment to a municipally owned utility
when such work is necessary as a result of County highway work.
C. Sub division 24-b of section 10 of the state highway Law enables the Local Sponsor
to participate in the necessary expenses incurred for adjustment of privately, publicly
or cooperatively owned facilities, municipal utility facilities, or facilities of a
corporation organized pursuant to the State Transportation Corporations law.
D. The owner will develop and keep a record of costs in accordance with the New York
State Department of Transportation (NYSDOT) Highway Design Manual Chapter
13 and Highway Design Manual Appendix 13G, and with the Federal highway
Administration (FHWA) Federal -Aid Policy Guide Part 645, or as indicated below:
Physical Adjustment Method (check appropriate boxes):
1) Contract let by the Local Sponsor
1-1 2) Contract let by Owner, N/A (check applicable statement)
1-1 a) Best Interests of the Local Sponsor.
1-1 b) Owner not sufficiently staffed or equipped.
❑ 3) By Owner's forces
Betterment, Salvage, and Depreciation Credits due the Project (check appropriate boxes)
F—xl 1) There will be no extension of service life, improved capacity nor any other
betterment of the facility (as defined by the NYSDOT Utility Reimbursement
Procedure manual and by FHWA Federal -Aid Policy Guide Part 645) as a result of
the adjustments made pursuant to this agreement.
2) There is betterment described as follows:
❑ 3) The owner will not claim reimbursement for that betterment portion of the work, but
will duly account for it as required by applicable NYSDOT and FHWA procedures.
❑ 4) The owner agrees to comply with the requirements of the NYSDOT Utility
Reimbursement Procedure and FHWA Federal -Aid policy Guide Part 645 with
respect to salvage and depreciation credits when applicable.
General Covenants
2
Utility Work Agreement — Town of Ithaca
VI
April 21, 2021
PIN 3756.61.302, Ellis Hollow Road over Six Mile Creek Tributary
The owner hereby agrees to accept full title and responsibility for the adjusted facility in writing
upon the Town of Ithaca's satisfactory completion of the work. Such acceptance will
acknowledge the owner's responsibility to maintain the facility in accordance with all applicable
codes, standards and regulations, including its obligation, where applicable, to remove any or all
of the facility from the highway all in accordance with the Rules and Regulations Governing the
Accommodation of Utilities within the County Highway Right -of -Way. All eompensable claims
covered by this agreement will be included in one of the following:
1) A privately Owned Property Agreement executed prior to the performance of the
work.
2) A Municipal Agreement executed prior to performance of the work.
3) Such other agreement as approved by NYSDOT Office of Legal Affairs.
References
The following documents are herewith incorporated in this agreement by reference (check
appropriate boxes)
1-1 A) Federal Highway Administration's federal -Aid policy Guide Part 645.
B) Contract Documents:
Contract number: D037729
Capital PIN: 3756.61.302
Plan Sheets No.: GNP-B 1 & ECP-B 1
1-1 C) Owner's Plan Sheets:
1 0
D) Owner's estimate Sheets form No.:
E) Resolution dated: by
Granting the Local Sponsor authority to perform the adjustment for the owner.
Agreeing to maintain facilities adjusted via Local -let contract
F) Certification by the Owner or his agent that he has the legal authority to enter into
this agreement.
TOWN OF ITHACA (Signature) Title Date
NYSDOT Regional Utilities Engineer Title Date
FEDERAL AID -LOCAL PROJECTS
UTILITY WORK AGREEMENT
SPONSOR'S NAME NYSDOT
Since the construction, reconstruction, or maintenance of the transportation project described
below, identified as:
Project Identification No.: PIN 3756.61.302
F.A. Project No.: D037729
ROW Declaration No.: N/A
Map Nos.: N/A
Parcel Nos.: N/A
County of: TOMPKINS
Contract No.: N/A
Project Description: ELLIS HOLLOW ROAD OVER SIX MILE CREEK TRIBUTARY, TOWN
OFITHACA
necessitates the adjustment of utility facilities as hereinafter described, the Owner, Town of Ithaca,
of said facilities herewith agrees with the Local Sponsor that this agreement shall apply to the
accommodation of these utility facilities. Any adjustment of said facilities will be accomplished
under the terms of this agreement, in accordance with the Rules and Regulations Governing the
Accommodation of Utilities within the Street/Highway Right -of -Way, in accordance with the
contract plans, specifications, proposal, amendment(s), change order(s) and the Special Note,
Coordination with Utilities Schedule.
Existing Facilities
The existing 12" underground water main on the south side of Ellis Hollow Road requires
relocation for the proposed project. This work will be performed as part of the project. Final
details will be coordinated with the Town of Ithaca and included in the project contract
documents.
It Financial Responsibility in accordance with Section 81 of the Highway Law (check
appropriate boxes):
A. The facilities to be adjusted under the terms of this agreement are subject to Section
52 of the State Highway Law, and the cost of this adjustment is the sole
responsibility of the owner.
_X] B. Subdivision 24 of Section 10 of the State Highway law enables the Local Sponsor to
provide at expense of the State, for adjustment to a municipally owned utility when
such work is necessary as a result of County highway work.
F-1 C. Sub division 24-b of section 10 of the state highway Law enables the Local Sponsor
to participate in the necessary expenses incurred for adjustment of privately, publicly
Utility Work Agreement — Southern Cayuga Lake Intermunicipal Water Commission
April 21, 2021
PIN 3756.61.302, Ellis Hollow Road over Six Mile Creek Tributary
or cooperatively owned facilities, municipal utility facilities, or facilities of a
corporation organized pursuant to the State Transportation Corporations law.
D. The owner will develop and keep a record of costs in accordance with the New York
State Department of Transportation (NYSDOT) Highway Design Manual Chapter
13 and Highway Design Manual Appendix 13G, and with the Federal highway
Administration (FHWA) Federal -Aid Policy Guide Part 645, or as indicated below:
I1I. Physical Adjustment Method (check appropriate boxes):
1) Contract let by the Local Sponsor
2) Contract let by Owner, N/A (check applicable statement)
a) Best Interests of the Local Sponsor.
❑ b) Owner not sufficiently staffed or equipped.
❑ 3) By Owner's forces
IV. Betterment, Salvage, and Depreciation Credits due the Project (check appropriate boxes)
1) There will be no extension of service life, improved capacity nor any other
betterment of the facility (as defined by the Utility Reimbursement Procedure
manual and by FHWA Federal -Aid policy Guide Part 645) as a result of the
adjustments made pursuant to this agreement.
2) There is betterment described as follows:
❑ 3) The owner will not claim reimbursement for that betterment portion of the work, but
will duly account for it as required by applicable NYSDOT and FHWA procedures.
❑ 4) The owner agrees to comply with the requirements of the NYSDOT Utility
Reimbursement Procedure and FHWA Federal -Aid policy Guide Part 645 with
respect to salvage and depreciation credits when applicable.
V. General Covenants
The owner hereby agrees to accept full title and responsibility for the adjusted facility in writing
upon the Town of Ithaca's satisfactory completion of the work. Such acceptance will
acknowledge the owner's responsibility to maintain the facility in accordance with all applicable
codes, standards and regulations, including his obligation, where applicable, to remove any or
all of the facility from the highway all in accordance with the Rules and Regulations Governing
2
Utility Work Agreement — Southern Cayuga Lake Tntermunicipal Water Commission
April 21, 2021
PIN 3756.61.302, Ellis Hollow Road over Six Mile Creek Tributary
the Accommodation of Utilities within the County Highway Right -of -Way. All compensable
claims covered by this agreement will be included in one of the following:
1) A privately Owned Property Agreement executed prior to the performance of the
work.
2) A Municipal Agreement executed prior to performance of the work.
3) Such other agreement as approved by NYSDOT Office of Legal Affairs.
VI. References
The following documents are herewith incorporated in this agreement by reference (check
appropriate boxes)
1-1 A) Federal Highway Administration's federal -Aid policy Guide Part 645.
B) Contract Documents:
Contract number: D037729
Capital PIN: 3756.61.302
Plan Sheets No.: GNP-B 1 & ECP-B 1
C) Owner's Plan Sheets:
D) Owner's estimate Sheets form No.:
E) Resolution dated:
by
Granting the Local Sponsor authority to perform the adjustment for the owner.
Agreeing to maintain facilities adjusted via Local -let contract
F) Certification by the Owner or his agent that he has the legal authority to enter into
this agreement.
Town of Ithaca Title Date
(Signature)
NYSDOT Main Office Utilities Engineer Title Date
MEETING OF THE ITHACA TOWN BOARD
Monday, April 26, 2021
TB Resolution 2021 - : Approval of and authorization to sign Street Lighting Pole
Attachment Agreement and Agreement for Purchase and Sale of Street Lighting Facilities
Whereas the Town Board and numerous Committees have discussed and recommended moving
forward with the replacement of current streetlights with LED and the Town has applied for
grant funding for portions of the cost, and
Whereas the Town has adopted a Green New Deal Action Plan and this Project is part of meeting
those goals, now therefore be it
Resolved that the Town Board hereby approves and authorizes the Supervisor to sign the above
named agreements.
Moved: Seconded:
Vote:
AGREEMENT FOR PURCHASE AND SALE OF
STREET LIGHTING FACILITIES
THIS AGREEMENT, with an effective date of , 2021, is made between
NEW YORK STATE ELECTRIC & GAS CORPORATION ("NYSEG" or "Company"), a
New York corporation having its principal place of business at 89 East Ave, Rochester, New
York, 14649 and the TOWN OF ITHACA (the "Town" or "Customer"), a municipal
corporation of the State of New York organized under the General Municipal Law and having
its principal office for the conduct of business located at 215 N. Tioga Street, Ithaca, NY
14850.
WITNESSETH:
WHEREAS, Company owns and has for many years operated and maintained a
system of street lighting poles, luminaires and lamps, mast arms, electrical connections and
wiring for street lighting installed throughout the Town limits, which facilities are currently
installed and hereafter collectively described as the "Facilities", and
WHEREAS, the Customer desires to purchase the Facilities and Company is
agreeable to selling the same; and
NOW, THEREFORE, in consideration of the mutual covenants herein expressed
and other valuable consideration, the sufficiency of which they hereby acknowledge,
Company and the Customer agree as follows:
1. Sale of Facilities
Subject to the terms expressed below, Company agrees to sell to the Customer, and
the Customer agrees to purchase from Company, all Company's right, title and
interest in the Facilities. An inventory of the Facilities is set forth in Schedule A,
which is attached hereto and made a part hereof. While Company believes Schedule
A to be accurate and complete, it may or may not represent the Facilities in its
entirety. The parties hereto acknowledge that it is the intent of this Agreement to
transfer all of the Facilities to the Customer, regardless of whether it is accurately
described in Schedule A, and the future invoices for service to the Facilities shall be
based upon Schedule A.
2. Contents of the Facilities
The Facilities consists of street lighting poles, luminaires and lamps, mast arms, their
associated wiring, electrical connections and appurtenances related to the electrical
functioning of the Facilities, all as reflected in Schedule A. The Facilities are a
separate system isolated, or to be isolated as hereinafter provided, from the Company
distribution system at a number of fuses or switching locations known as disconnect
points.
3. Purchase Price
The "Purchase Price" shall be Eighty Thousand Three Hundred Ninety -Eight Dollars
($80,398.00 US), which represents the fair market value of the Facilities, plus any
accrued taxes as set forth in Section 13. The "Closing" shall occur on a date mutually
agreeable to the parties hereto but in no event be more than 30 days after Company
has given the Customer written notice that it has obtained all approvals set forth
below. At the Closing, payment of the Purchase Price shall be made in full by wire
transfer to an account designated by Company or by delivery of a certified bank
check, without deduction, set-off or counterclaim.
4. Onerability of the Facilities
Company has maintained, and currently maintains, the operability of the Facilities in
a manner consistent with filed tariff PSC No. 121 — Schedule for Electric Service
Street Lighting ("PSC No. 121"). Until the Closing, Company shall continue its
regular program of operating and maintaining the Facilities.
5. Transfer of the System
The official transfer of the Facilities shall be deemed to occur as of the date of the
Closing ("Closing Date"). Company represents and warrants to the Customer that
Company is the absolute owner of the Facilities free and clear of all liens, charges and
encumbrances. At the Closing, all right, title and interest to and in the Facilities shall
vest in the Customer free and clear of all liens, charges and encumbrances and the
Customer shall thereafter be solely responsible and liable for the operation,
maintenance and condition of the Facilities, except as set forth herein to the contrary.
6. System Isolation
a) The Customer, at its sole cost, shall isolate the Facilities from the Company
electric distribution system as more fully described below. The Customer
shall perform isolation work by qualified Customer employees or employ a
contractor acceptable to Company to complete the isolation work. Company's
acceptance of the contractor retained by the Customer shall not be deemed to
be an endorsement of the contractor's qualifications to perform the isolation
work, nor shall Company, by its acceptance of the contractor, assume any
liability for claim, third -party or otherwise, that may arise from the
performance of the isolation work.
b) The isolation work shall utilize fuses and/or switching/disconnect devices in
accordance with the National Electric Safety Code, all applicable safety laws,
regulations and standards, the applicable Company electric service tariff and
the design standards, processes and procedures deemed appropriate by
Company. Any isolation work done on COMPANY poles pursuant to this
section will follow standards as defined in the Pole Attachment Agreement.
2
c) The isolation work shall be completed within twenty four (24) months after
the Closing Date. If the isolation work has not been completed within this
time period, Company shall complete the isolation work and bill the Customer
for all costs associated with Company's performance of the isolation work in
accordance with applicable provisions of the relevant tariff.
d) On the Closing Date, the customer shall provide the Company with a thirty
(30) month irrevocable letter of credit or other form of security acceptable to
the Company in an amount of Fifty -Three Thousand Six Hundred Dollars
($53,600 US) ("Security"). Should the customer not provide proof of the
installation of the disconnect devices plus any additional isolation work
required by SC No. 4, as defined below ("Isolation Work") on all purchased
street lights within (24) months, the Company shall notify the customer of
its intention to perform the Isolation Work on the customer's behalf. Upon
completion of Isolation Work, the Company shall determine its actual costs
of performing such Isolation Work, inclusive of all applicable overheads and
shall invoice the customer for such amount. If that invoice is not paid within
15 days, the Company may draw on the Security provided by the customer.
If the actual cost of the Isolation Work exceeds the Security amount drawn,
Customer shall pay the Company such amount within 15 days. Once the
Isolation Work is completed and the invoice for the Isolation Work is paid
in full by Customer, the Company shall release the Security. Any Isolation
Work amounts not paid by Customer will be included in the Company's bill
to the Customer for street lighting service and subject to termination of
service if not paid when due.
e) The Customer shall provide ownership identification of its equipment per the
requirements of PSC No. 121, Service Classification No. 4 Street Lighting
Service — Energy Only ("SC No. 4").
7. Pole Attachment Agreement
Customer shall enter into a Pole Attachment Agreement with Company which
specifies the terms and conditions under which Customer may attach streetlight
facilities to Company poles and perform maintenance work on such facilities. The
Pole Attachment Agreement must be fully executed by both parties prior to the
Closing Date.
8. Service Classification
Upon Closing, service for all Facilities sold to the Customer will be transferred from
PSC No. 121, Service Classification No. 3 Standard Street Lighting Service —
Available for Existing and New Standard Facilities, and Limited Contiguous
Expansion ("SC No. 3") to SC No. 4.
Customer also agrees to isolate any Customer owned streetlight facilities in
accordance with Section 6 above and SC No. 4 which are served under PSC No. 121,
Service Classification No. 2 Street Lighting Service — Energy and Limited
Maintenance ("SC No.2"). Service for these facilities will be transferred to SC No. 4
as of the Closing Date.
9. Limitation of Warranty
a) THE FOREGOING REPRESENTATIONS AND WARRANTIES ARE
EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF
NYSEG. THE FACILITIES ARE SOLD TO THE TOWN "AS IS" AND
"WITH ALL FAULTS".
b) Commencing upon the transfer of the Facilities, the Customer shall neither
have nor bring any claim, proceeding or action against Company for damages
which it or its contractors or employees sustain, directly or indirectly, by
reason of property damage, personal injury or death arising from the
Facilities, its components, or the operation or non -operation of such Facilities
and components, save only claims for failure of title under Section 5 above,
or claims that arise from 1) any use of, or work performed on, the Facilities
by Company or its employees, contractors or agents, prior to the Closing
Date, or 2) the operation and/or maintenance of the Facilities prior to the
Closing Date.
10. Risk of Loss
The risk of loss shall be on Company until the Closing Date, at which time the
Customer shall assume all risk of loss of the Facilities and its components.
11. Indemnity
The Customer shall indemnify and hold harmless Company from and against all
claims, damages, costs, penalties, suits and fees (including reasonable attorneys' fees)
(collectively, "Claims") to the degree such Claims arise from (1) any use of, or work
performed on, the Facilities by the Customer or its employees, contractors or agents,
after the Closing Date, or (2) the operation and/or maintenance of the Facilities after
the Closing Date.
Company shall indemnify and hold harmless the Customer from and against all
claims, damages, costs, penalties, suits and fees (including reasonable attorney's fees)
(collectively "Claims") to the degree that such Claims arise from 1) any use of, or
work performed on, the Facilities by Company or its employees, contractors or
agents, prior to the Closing Date, or 2) the operation and/or maintenance of the
Facilities prior to the Closing Date.
0
12. AUUrovals
This Agreement shall be subject to Approval of the sale by the New York State
Public Service Commission in the form of this Agreement.
Company and the Customer shall use their best efforts to secure this approval in an
appropriate form and timely fashion and to have the same available in time for the
scheduled Closing.
13. Taxes
Company shall pay real property or special franchise taxes applicable to the Facilities
up to the time of Closing. The Customer shall be responsible for all taxes for periods
thereafter.
14. Notices
Except as otherwise provided herein, any notice to Company hereunder shall be
directed to:
Jeffrey Rosenbloom — Deputy General Counsel
New York State Electric & Gas Corporation
89 East Avenue
Rochester, New York 14649
Any notice to the Customer hereunder shall be directed to:
Rod Howe
Town Supervisor
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
15. Survival
Any and all undertakings set forth in this Agreement are intended to and shall survive
the Closing.
16. Amendment
Any amendment of this Agreement shall be in writing and signed by authorized
representatives of Company and the Customer.
17. Easements
To the extent permitted by law, and subject to the reservation contained herein,
Company hereby assigns to the Customer any rights Company may have under any
easement grants that encumber real property upon which any of the Facilities are
located and that directly affect the ability of the Customer to own and operate the
Facilities. Company hereby reserves any and all rights Company may have under any
easement grants to the extent such easement grants Company the right to install,
maintain, relocate, upgrade, operate, repair and/or replace any facilities other than the
Facilities, including, but not limited to, electric and gas distribution and transmission
facilities. The Customer shall defend, indemnify and hold Company harmless from
and against any and all claims, suits, losses, damages, expenses and/or costs that arise
after the Closing Date out of any obligations under the easement grants that relate to
the Facilities. Company shall defend, indemnify and hold the Customer harmless
from and against any and all claims, suits, losses, damages, expenses and/or costs that
arise before the Closing Date out of any obligations under the easement grants that
relate to the Facilities, or that arise out of any obligations under the easement grants
that relate only to the rights expressly maintained by Company and to facilities other
than the Facilities. This assignment constitutes a quit claim transfer of any rights
Company may have under any easement grants, which rights are being assigned
without any warranties whatsoever. Both parties shall execute any and all documents
reasonably necessary to give full force and effect to this provision.
18. Confidentiality
Except as, and to the degree, required by law, regulation, order of a governmental
authority or order of a court, or upon written consent of the other party, the Customer
and Company, and their respective agents, employees, officers, directors, trustees and
attorneys, shall keep and maintain this Agreement and all terms and provisions hereof
in strict confidence and shall not transmit, reveal, disclose, or otherwise communicate
the substance or any of the terms or provisions of this Agreement to any other person
until such time as the Agreement may be filed publicly before the New York State
Public Service Commission. Where disclosure is not permitted pursuant to the
preceding sentence, in the event that the terms of this Agreement are required to be
produced in any judicial or administrative proceeding or audit by a governmental
agency, Company and the Customer shall each use commercially reasonable efforts
to obtain a protective order or agreement in a form satisfactory to both parties before
disclosing any of the terms hereof. If disclosure is so required, no consent shall be
required, but notice of such disclosure shall be given to the other party prior to such
disclosure, or as soon thereafter as possible. No party shall be required to exercise a
higher degree of care than exercised with respect to its own proprietary information.
19. Litigation
To the knowledge of Company, there is no litigation, proceeding or claim, pending or
threatened, against Company affecting the sale of the Facilities at law or equity before
any court, licensing authority or governmental agency.
20. Entire Agreement
This Agreement represents the entire Agreement between Company and the Customer
with respect to the sale and purchase of the Facilities. This Agreement supersedes all
contemporaneous and prior writings between Company and the Customer with
respect to the sale and purchase of the Facilities.
21. Headings
The headings of the sections of this Agreement are inserted for convenience only and
are not intended to be weighed in construing its meaning.
IN WITNESS WHEREOF, Company and the Customer have executed this Agreement as of
the dates written opposite their respective officers' signatures.
NEW YORK STATE ELECTRIC & GAS CORPORATION
By:
Name: Carl A. Taylor
Title: President & Chief Executive Officer
Date:
NEW YORK STATE ELECTRIC & GAS CORPORATION (Control Signature)
By:
Name: Joseph J. S_yta
Title: Vice President, Controller, and Treasurer (Control)
Date:
TOWN OF ITHACA
By:
Name: Rod Howe
Title: Supervisor
Date:
7
STREET LIGHTING
POLE ATTACHMENT AGREEMENT
BETWEEN
AND
TOWN OF ITHACA,
NEW YORK
Dated: , 2021
STREET LIGHTING POLE ATTACHMENT AGREEMENT
THIS AGREEMENT, made as of the day of , 2021, between NEW
YORK STATE ELECTRIC & GAS CORPORATION, (hereinafter designated as
"NYSEG" or "COMPANY") a corporation organized and existing under the laws of the
State of New York, having an office at 89 East Avenue, Town of Monroe, State of New
York, 14649, and TOWN OF ITHACA, a municipal corporation of the State of New
York organized under the General Municipal Law and having an office at 215 North
Tioga Street, Ithaca, New York 14850, hereinafter called "Town" or "Licensee".
COMPANY and the Licensee are collectively referred to herein as the "Parties" or
individually as a "Party."
WITNESSETH:
WHEREAS, Licensee for its own use desires to attach and maintain its streetlight
equipment, facilities and attachments with necessary guys and appurtenances on
COMPANY poles; and
WHEREAS, COMPANY is willing to permit, to the extent it may lawfully do so, the
placement of said streetlight equipment, facilities and attachments on its Poles as
specified herein; and
WHEREAS, COMPANY owns and has for many years operated and maintained an
electric distribution system, including street lighting poles, luminaries and lamps, mast
arms, electrical connections, and wiring for street lighting installed throughout the Town
limits; and
WHEREAS, simultaneously herewith the Parties are entering into an "Agreement for
Purchase and Sale of Street Lighting Facilities" whereby the Licensee shall purchase from
NYSEG street lighting equipment, facilities and attachments throughout the Town limits,
hereafter collectively described as the "Licensee's Facilities", which are currently installed
on COMPANY's poles; and
WHEREAS, it is the agreement of the Parties that the Licensee's Facilities shall continue
to be attached to the poles following the purchase of such Facilities; and
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
herein contained, the parties do hereby mutually covenant and agree as follows:
ARTICLE I
DEFINITIONS
As used in the Agreement:
Section 1.01 "Applicable Laws" mean the Communications Act of 1934, as
amended (47 U.S.C. §224 et seq.) and any and all implementing legislation, the law of
New York State, New York Public Service Commission regulations, rules, and orders,
and Federal Communications Commission regulations, rules, and orders now in effect or
as may hereafter be modified or amended to the extent the same relate to pole
attachments. Nothing in this definition shall be construed as to limit or affect in any-
way the Governing Law provisions set forth in Article XI of this Agreement.
Section 1.02 "Attachment" means any of the following:
Equipment mounted in the usable space which precludes that space from
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being utilized by a single messenger span wire facility. Each preclusion will be counted
as a separate attachment.
• Equipment mounted in non -usable or other than usable space which
precludes that space from being utilized by COMPANY, a Joint User or another third
party.
Section 1.03 "Facilities" means streetlight facilities and wires.
Section 1.04 "Joint Owner" means any other public utility which shall now or
thereafter have joint or shared ownership of any of COMPANY's poles. The term "Joint
Owner" shall not include the Licensee.
Section 1.05 "Joint User" means any public utility or municipality or any
subdivision or agency thereof which shall now or hereafter have the right to use any of
Licensoe's poles. The term "Joint User" shall not include licensees with limited
attachment rights such as those accorded Licensee hereunder.
Section 1.06 "Licensee" shall mean any person, other than a Joint User, who
now or hereafter has any attachment or other rights with respect to Licensoe's occupying
of said poles.
Section 1.07 "Licensee's Facilities" means the Facilities and all associated
equipment and hardware installed for the sole use of the Licensee.
Section 1.08 "Make Ready Work" shall mean all work necessary to
accommodate proposed attachments of Licensee including but not limited to pre -
construction surveys and rearrangements or changes in the Facilities of Licensor, Joint
Users or other Licensees.
Section 1.09 "Other Than Usable Space" means that space other than the Usable
Space (the space above the minimum grade level which can be used for the attachment of
wires, cables, and associated equipment) on a pole.
Section 1.10 "Pole Attachment" means any of Licensee's Facilities in direct
contact with or otherwise supported by a utility pole, duct, conduit, or right-of-way
owned or controlled, wholly or partially, by COMPANY.
Section 1.11 "Rental", "Rental Fees" and "Pole Rental" means the Pole
Attachment Charge as defined in COMPANY's Streetlight Tariff.
Section 1.12 "COMPANY's Poles" or "Poles" means poles wholly or partially
owned by COMPANY.
Section 1.13 "Usable Space" means the total space on the utility pole above the
minimum grade level that is usable for the attachment of wires, cables, and related
equipment.
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ARTICLE II
GENERAL PROVISIONS
(a) Scope of rights. The right granted pursuant to this Agreement to attach and
maintain Licensee Facilities is to be exercised by the Licensee subject to any and all
governmental regulations now or hereafter in force and in such manner as shall not
interfere with COMPANY's use and maintenance of COMPANY's Poles, wires and
property thereon.
(b) No assignment. The Licensee shall not in any way assign, transfer, sublet,
or encumber this Agreement, nor any of the rights or privileges hereby granted by it,
without the prior written consent of COMPANY, which consent shall not be
unreasonably withheld or delayed. Any attempted assignment, transfer, sublease, or
encumbrance without such prior written consent is void. Subject to the foregoing,
however, this Agreement shall extend to and bind the successors and assigns of the
parties hereto. In addition, the Licensee shall not, in any manner, extend any of the rights
or privileges to access, install, and/or maintain its Facilities on COMPANY's Poles
granted under this Agreement to any other entity, affiliated or otherwise, without the
prior written consent of COMPANY.
(c) Notices. All notices required under this Agreement, shall be made
pursuant to this Section. Notice under this Agreement must be in writing and effective
at least ten days before the action or non -action by COMPANY. Notices are effective
upon receipt.
Notice should be sent to the addresses via hand delivery, overnight carrier, certified mail return
receipt requested or e-mail. A Notice sent by e-mail shall only be effective if it includes a "return
receipt" confirm sent to the sender upon the recipient's opening of the message, or if the recipient
responds to the e-mail:
For NYSEG: Laura B. Read-Siedlecky
NYSEG/RG&E
Joint Use of Plant
P.O. Box 5224
Binghamton, New York 13902-5224
lbread@nyseg.com
Copy to: Jeffrey Rosenbloom
General Counsel
NYSEG/RG&E
89 East Avenue
Rochester, New York 14649
jeffrey.rosenbloom@avangrid.com
For Licensee: Rod Howe
Town Supervisor
Town of Ithaca 215
N. Tioga Street
Ithaca, NY 14850
rhowe@town.ithaca.ny.us
Copy to: Town Clerk
Town of Ithaca
215 N. Tioga Street
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CoABMW
Ithaca, NY 14850
prosa@town.ithaca.ny.us
(d) No prior agreements. This Agreement supersedes all previous agreements
between the parties for attachment of Licensee's Facilities to COMPANY's Poles.
(e) No ownership. No use, however extended, of COMPANY's Poles or
payment of any fees or charges required under this Agreement shall create or vest in
Licensee any ownership or property rights in NYSEG's Poles or anchors, and Licensee's
rights therein shall be or remain a mere license. Nothing herein contained shall be
construed to compel COMPANY to construct, retain, extend, place or maintain any
Facilities not needed for its own service requirements, except for rearrangements and
replacements covered under Article VII of this Agreement.
It is recognized by the Licensee that COMPANY has heretofore entered into, or
may in the future enter into, agreements and arrangements with others not a party to this
Agreement regarding the Poles covered by this Agreement. Nothing herein contained shall
be construed as a limitation, restriction or prohibition against COMPANY with respect to
such other agreements and arrangements. The attachment privileges herein granted shall
at all times be subject to such agreements and arrangements, provided that Licensee's
rights are not impaired. Licensee agrees and understands that it may be required from time
to time to rearrange its attachment facilities to accommodate other attachers on a pole or
poles. Licensee shall not be responsible to pay for the rearrangement of its facilities to
accommodate subsequent attachers where Licensee's attachments were legal when made.
(f) No waiver. Failure to enforce or insist upon compliance with any of the
terms or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such terms or conditions, but the same shall be and remain at all
times in full force and effect.
(g) Severability. If any provision of this Agreement is unenforceable under
any applicable law or is held invalid, such shall not affect any other provision hereof,
and this Agreement shall be construed as if such unenforceable or invalid provision had
never been contained herein.
ARTICLE III
APPLICATION FOR PERMISSION TO ATTACH
Forty-five (45) days prior to when the Licensee wishes to make attachments to
COMPANY's Poles, the Licensee shall make written application to its respective
COMPANY Streetlight Representative by means of the Streetlight Request Form
marked "Exhibit A" or superseding versions, attached hereto, specifying the type of
facility and the location of the Poles. COMPANY will indicate its approval by returning
one copy of the Streetlight Request Form to the Licensee bearing its written consent.
This written consent will be designated as a "License."
ARTICLE IV
POLE ATTACHMENT OPERATIONS
For attachments of Licensee's Facilities to COMPANY's Poles, the Licensee
shall pay COMPANY rental and other charges as follows:
(a) Billing Periods: For the attachment of Licensee's Facilities, a Monthly
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Pole Attachment Charge, per mast arm, will be charged as defined in COMPANY's
Streetlight Tariff.
b) Periodic Inspections and Surveys: If, as a result of a periodic
inspection, it is determined that the Licensee has made unauthorized attachments to
COMPANY's Poles, the Licensee shall pay COMPANY back rental from the time the
attachment was made. If the time of attachment cannot be determined, the Licensee shall
pay COMPANY an amount equal to the annual rate times the number of years since the last
periodic inspection, up to a maximum of five years. As defined in the Public Service
Commission's Order Adopting Policy Statement on Pole Attachments dated August 6, 2004
(Case 03-M-0432) (the "2004 Pole Order"), Periodic Inspections may be performed every
five years or less frequently at COMPANY's discretion and at the Licensee's expense. More
frequent inspections may be performed if the Licensee's performance does not meet
prescribed regulatory thresholds. If it is found that Licensee's attachments do not meet the
standards outlined in Article V of this Agreement, then COMPANY may, at its option,
conform the attachments and Licensee is liable for all costs incurred relating to such
conforming, notwithstanding the notice provision of Article V(a) of this Agreement.
COMPANY reserves the right to make surveys and inspections of all or
any part of Licensee's Facilities on COMPANY's Poles and of any other facilities in the
vicinity of Licensee's Facilities at the expense of Licensee.
(b) Make -Ready: Work required to be performed on pole to accommodate the
attachment of Licensee's Facilities, rearrangement of existing equipment, guying and
anchoring, and pole replacements shall be referred to as Make -Ready. Similar work
required after initial attachment to a pole shall be referred to as Additional Make -Ready.
COMPANY shall present the Licensee with any proposed Make -Ready and
Additional Make -Ready Work in advance of performance. Town has the right to
question whether certain Make -Ready or Additional Make -Ready work is
necessary, however, the COMPANY shall retain final approval authority over all
make-ready decisions. COMPANY shall bill the Town for Make -Ready and
Additional Make -Ready work, except COMPANY shall not bill the Town for
rearrangement of the Town's Facilities for subsequent attachers where the Town's
attachments were legal when made. The Town shall reimburse COMPANY for Make -
Ready and Additional Make -Ready work within thirty (30) days from receipt of a
COMPANY invoice or issuance of a Town purchase order to COMPANY. When
COMPANY employs an outside contractor rather than its own work forces to perform
Make -Ready or Additional Make -Ready, Licensee shall pay an amount equal to the
contractor's fees plus an administration fee to cover the cost of supervision, accounting,
and support services. COMPANY shall make available copies of all written contracts,
agreements, understandings, and work orders pertinent to Make -Ready and Additional
Make -Ready work.
(c) Billing Due Dates: Unless otherwise indicated by COMPANY, all bills
for rental and other charges are payable by the Licensee by the due date indicated on the
Bill, which shall not be less than thirty (30) days from the Town's receipt of the invoice.
ARTICLE V
SPECIFICATIONS
(a) Codes and Rules: The Licensee, its agents, employees, servants and
contractors, must meet all requirements of the National Electrical Safety Code (NESC),
the Occupational Safety and Health Administration (OSHA), COMPANY Standards
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marked "Exhibit B" or superseding versions, attached hereto, COMPANY and other
relevant safety standards for proper bonding, grounding, clearances, guying, anchoring and
installing of Licensee's Facilities. The Licensee, its agents, employees, servants and
contractors must also meet all local licensing requirements. If Licensee's attachments do
not conform to these requirements, COMPANY may require the Licensee to correct the
condition and if the Licensee does not do so after three (3) months' notice, or such other
time period specified in the notice, COMPANY may perform the work and the Licensee
is liable for all costs thereto. COMPANY may, at its option, correct the condition without
prior notice to Licensee where COMPANY reasonably believes Licensee's attachment
poses a threat to health, safety or property, and Licensee shall be liable for all reasonable
costs thereto. COMPANY reserves the right, at all times, to specify the type and methods
of design, construction and maintenance of Licensee's attachments on COMPANY's Poles
in accordance with good utility practice and standards specified in this subsection a and in
Exhibit B as may be modified over time in accordance with industry standards.
(b) Inspections: COMPANY may require the Licensee to advise it, on a day-
to-day or week -to -week basis, of the exact locations where Licensee's Facilities are being
constructed. COMPANY may conduct frequent inspections of Licensee's construction in
progress upon COMPANY's reasonable belief of non-compliance with standard practices
and procedures or a safety issue in lieu of or in addition to traditional post -construction
surveys, and at the Licensee's expense. The costs may be included as part of the Make
Ready billing.
(c) Equipment: Prior written permission must be granted by COMPANY and
Joint Owners before the Licensee may attach any equipment to COMPANY's Poles.
COMPANY and Joint Owners will determine if the poles are of suitable strength to
accommodate the Licensee's equipment. Requests for such permission, and notice of such
permission or denial of permission, must be done in accordance with Article III this
Agreement and in accordance with the standards specified in Article V, Subsection (a) and
in Exhibit B as may be modified over time in accordance with industry standards, and such
permission will not be unreasonably denied or delayed.
(d) Existing Street Light Assets: The location of the existing mast arms included in the sale of the
street light assets to the Licensee will be grandfathered. If the mast arm of a grandfathered
location is removed and reinstalled, the reinstalled mast arm must comply with the clearances
found in Exhibit B or superseding versions. A mast arm installed at any location that is not
grandfathered must also comply with the clearances found in Exhibit B or superseding versions.
The parties acknowledge that provisions of Article III and Article IV hereof as they pertain to
applications for permissions to attach shall not apply to existing street light assets included in the
above -noted sale to the Licensee to the extent such applications pertain to "kind -for -kind" or
"like -for -like" replacement of equipment and/or facilities (e.g. an LED light bulb replacement).
Replacements that involve a substantial change in the nature or character of an attachment,
however, shall be subject to the provisions of Article III and Article IV (e.g. installation of new
mast arm of materially greater size or weight).
ARTICLE VI
GOVERNMENTAL AUTHORITY AND EASEMENTS
(a) Governmental Authority: Before making any attachments to
COMPANY's Poles, the Licensee must obtain any necessary permits or consents from
federal, state, and/or municipal authorities and shall comply with all laws, rules and
regulations. No guarantee is given by COMPANY of permission by municipalities or
others respecting the use of its Poles by the Licensee.
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(b) Easements: Where COMPANY has an easement over a public or private
right -of- way sufficiently broad under New York State law to permit streetlight
attachments, Licensee shall not be required to obtain independent permission of the
property owner to attach. Upon request COMPANY shall make available to Licensee
copies of all relevant recorded easements, with the Licensee bearing the cost of providing
such information. Where COMPANY seeks to obtain any necessary permission from a
property owner for Licensee's attachments, the fully allocable costs of such efforts shall
be paid by the Licensee. Moreover, the Licensee will exercise due care when upon
landowners property, and take reasonable steps to inform landowners prior to making
any attachments to or tree trimming around COMPANY's Poles. No guarantee is given
by COMPANY of permission by property owners respecting the use of any easement.
ARTICLE VII
APPLICATIONS AND INSTALLATIONS FOR NEW POLE ATTACHMENTS
(a) Make -Ready Defined: Upon receipt of an application for a pole license,
COMPANY will determine the approximate cost of performing the pre -construction
engineering, shall notify Licensee of such amount, and shall make appropriate surveys
of the Poles listed with a representative of the Licensee, Joint Owner, and any other third
parties. COMPANY shall determine, among other things, whether, in order to
accommodate the attachments of the Licensee, any rearrangements or changes are
necessary in COMPANY Facilities or of other Joint Owners or other third parties with
attachment rights. In addition, the joint survey shall determine whether any Poles
require strengthening (guying and anchoring), whether any Poles require replacement,
and whether the Licensee's strand and equipment need to be bonded or grounded to
COMPANY Facilities or other users. All such work and other work required in
connection with accommodating Licensee's Facilities, including preconstruction
engineering and a post -construction inspection, will be considered as Make -Ready work.
(b) Make -Ready Billing: After completion of the pre -construction
engineering, COMPANY will notify the Licensee about all Make -Ready work to be
performed. Licensee has the right to question whether certain Make -Ready work
is necessary. The Licensee shall pay the bill for Make -Ready work within thirty (30)
days from receipt of a COMPANY invoice or issuance of a Town purchase order to
COMPANY. Licensee is liable for additional costs related to the Make -Ready work
incurred by COMPANY, notwithstanding any prior billing or Make -Ready work already
done by COMPANY.
(c) Make -Ready Timing: All pole attachment applications will follow the
process established pursuant to the 2004 Pole Order, or any subsequent and superseding
order, as set forth in Exhibit "C" of this Agreement.
ARTICLE VIII
POLE RELOCATIONS AND REPLACEMENTS
It is the responsibility of the Licensee to relocate, replace or transfer its facilities
in accordance with COMPANY's Streetlight Tariff.
ARTICLE IX
INDEMNIFICATION, INSURANCE AND LIABILITY
(a) Damage to COMPANY: The Licensee shall indemnify, hold harmless, and defend
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COMPANY from and against any and all liabilities, losses, damages, costs, suits,
judgments, claims, demands, penalties, and expenses of every name and description to
which COMPANY may be subjected arising out of damage to any property, including
loss of rights -of -way, property owners' consents and/or the cost of defending such rights,
or injury to or death of any person or persons, directly or indirectly caused by, in any
manner connected with, or attributed to, the actions or omissions of the Licensee, or any
of its employees, servants, agents, contractors in the course of using, operating, handling,
placing, connecting, working on, maintaining, repairing, replacing and/or removing its
Facilities covered by this Agreement. To the extent COMPANY is negligent, Licensee's
duty to indemnify COMPANY shall not extend to the proportion of loss attributable to
COMPANY's negligence.
(b) Damage to Licensee: If COMPANY, while exercising due care, in the
course of using, operating, handling, placing, connecting, working on, maintaining,
repairing, replacing and/or removing its facilities covered by this Agreement, in any way
damages the Facilities of the Licensee, COMPANY shall not be liable to the Licensee for
any claim for indirect, consequential, exemplary, special, incidental, or punitive damages,
including without limitation, loss of use or lost business, revenue, profits or goodwill,
arising in connection with this Agreement, under any theory of tort, contract, warranty,
strict liability or negligence.
To the fullest extent permitted by law (including filed tariff PSC No. 121 —
Schedule for Electric Service Street Lighting), the total liability of COMPANY to Licensee
shall be limited to direct damages proven by Licensee. Notwithstanding anything to the
contrary herein, to the fullest extent permitted by law, COMPANY shall not be liable,
whether arising out of contract, tort, strict liability, or any other cause or form of action,
for loss of anticipated profits, service interruptions, or for any special, incidental, punitive,
indirect or consequential loss or damages resulting in any way from this Agreement or the
performance of the services hereunder, even if advised of the possibility of such damages.
Such limitations shall not affect the Town's rights or remedies with respect to claims of
indemnification or contribution arising from a third -party claim.
(c) The TOWN is insured and will provide COMPANY proof of insurance.
Upon request, the Town will provide proof of insurance to any Joint Owner.
(d) Damage Report: Licensee shall exercise special precautions to avoid
damage to Facilities of COMPANY, Joint Owners, and other third parties, on said Poles;
and hereby assumes all responsibility for any and all loss for such damage. Licensee
shall make an immediate report to COMPANY of said occurrence of any damage and
hereby agrees to reimburse COMPANY, Joint Users, and/or other third parties for the
expense incurred in making repairs.
Force Majeure: Neither Party shall be held liable for any delay or failure in
performance of any part of this Agreement, other than failure to pay monies due or
owed, to the extent that such failure or delay is caused by acts of God, acts of civil or
military authority, government regulations, embargoes, epidemics, war, terrorist acts,
riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes,
power blackouts, volcanic action or other environmental disturbances, unusually severe
weather conditions, inability to secure products or services of other persons or
transportation facilities, acts or omissions of transportation or common carriers, or
causes beyond the control of the Party. If any Force Majeure condition occurs, the Party
delayed or unable to perform shall give immediate notice to the other Party and shall
take reasonable steps to correct the Force Majeure condition. During the pendency of
the Force Majeure, the duties of the Parties under this Agreement affected by the Force
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Majeure condition, other than the obligation to make Rental payments hereunder, shall
be abated and shall resume without liability thereafter.
ARTICLE X
TERM AND TERMINATION OF AGREEMENT
(a) Term: This Agreement shall continue in effect for a term of ten (10)
years from the date hereof and thereafter until terminated as provided herein. This
Agreement, if not previously terminated in accordance with Article X (b), may be
terminated at the end of said time or at any time thereafter by either party giving to the
other party at least six (6) months prior written notice.
(b) Termination: COMPANY may terminate the Agreement immediately
upon notice to Licensee if COMPANY is unable to obtain any governmental license,
waiver, consent, registration or approval necessary to perform its obligations. If
Licensee fails to comply with any of the provisions of this Agreement or defaults in any
of its obligations under this Agreement, COMPANY may, at its option, terminate this
Agreement in its entirety, or require the Licensee to remove its attachments from the
Pole or Poles involved in the default or non-compliance. Termination of this Agreement
does not release or affect in any way the Licensee's liability or obligation (i) to pay rent
owed to Company (except Licensee's obligation to pay rent for its Facilities
prospectively shall terminate when Licensee's Facilities are removed from the Poles), or
(ii) to maintain safe and reliable pole attachment facilities that are compliant with all
codes and requirements; such liability survives the termination of this Agreement. If
Licensee fails to remove its Facilities within six (6) months after notice of termination of
this Agreement or cancellation of any licenses, COMPANY shall remove Licensee's
Facilities, at Licensee's expense and without incurring any liability for damage to or
destruction of said Facilities. Prior to terminating or revoking any license under this
Agreement, or the Agreement itself, for whatever cause or purpose, a petition may be
brought by either party to the New York Public Service Commission (the
"Commission") requesting the Commission to decide the dispute. A Commission
determination shall be binding on all parties to this Agreement.
Removals: Licensee may at any time remove its attachments from any
COMPANY's Poles and thus terminate this Agreement, but shall immediately give
written notice to COMPANY by means of the Streetlight Request Form substantially in
the form of "Exhibit A" attached hereto. No credit or refund of any incurred or paid
Rental charges shall be allowed the Licensee on account of such removal.
ARTICLE XI
GOVERNING LAW
This Agreement shall be construed, interpreted and governed in accordance with
the laws, ordinances and regulations of the State of New York, without regard to its
conflicts of law's provisions.
ARTICLE XII
AMENDMENTS
This Agreement may only be modified, amended or supplemented by an
instrument in writing signed by both parties.
Town of Ithaca, , 2020 CCDCI��dKtiai
ARTICLE XIII
SEVERABILITY
If any provision of this Agreement is rejected or held to be illegal, invalid or
unenforceable, the validity, legality and enforceability of the remaining provisions of
this Agreement shall not be affected or impaired thereby. If a provision that is rejected
or held to be illegal, invalid or unenforceable is material to carry out the intent of this
Agreement, the parties shall negotiate in good faith an amendment to this Agreement to
replace the unenforceable language with enforceable language.
ARTICLE XIV
COUNTERPARTS
This agreement may be executed in one or more counterparts, all of which taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate by the duly authorized officers as of the day and year first above
written.
NEW YORK STATE ELECTRIC & GAS CORPORATION (Business Signature)
IC
Carl A. Taylor
President and Chief Executive Officer
Date:
NEW YORK STATE ELECTRIC & GAS CORPORATION (Control Signature)
By: Date:
Joseph J. Syta
Vice President, Controller, and Treasurer (Control)
TOWN OF ITHACA
IC
Title:
Date:
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EXHIBIT A
EXHIBIT B
1.0 General Notes for Energy Only Street Lighting
1. As per tariff, the customer will be charged for connection and
disconnection.
2. The customer will install ownership identification on all Energy Only
poles. The identification will be decided upon by the municipality and
agreed to by the Company.
a. The customer will determine a pole tagging convention that is
convenient for them and submit it to the Company.
b. The Company will agree or make changes and work with the
municipality to determine a final identification.
c. Once the identification is agreed upon, the location will be as
follows:
i. NYSEG/RGE owned pole — identification will be placed
below the NYSEG/RGE pole Identification at a minimum of
5' above ground.
ii. The identification tag should not be more than 3 inches tall by 6
inches wide.
3. The customer shall identify the lamp per ANSI standard C136.15-2009.
The NYSEG/RGE approved in -line disconnects are listed in the table
below.
a) Homac SLK-3A (#14 - #6 str or solid wire)
b) Homac SLK-M (#12 - #4 str or solid wire)
5. Conduit shall be rigid galvanized steel or Schedule 80 PVC.
6. Customer to have all work performed by qualified workers following OSHA
regulations, the National Electric Safety Code, Company specifications and local
electrical codes.
2.0 Underground Supplied Fixture From an Underground Service Point
1. The customer will install a pull box within 50' of NYSEG/RGE's manhole,
handhole or padmount designated as the point of service.
2. The customer will extend a conduit from the pullbox to NYSEG's/ RGE's
MH/HH/PM. NYSEG/ RGE will break into and seal conduit entrance into
NYSEG/ RGE MH/HH/PM.
3. Customer will supply a 200 lb. nylon pull cord for pulling supply conductors into
NYSEG/RGE MH/HH/PM. NYSEG/ RGE will assist with the entry in MH/HH/P
and pull the rope and leave coiled for future cable pull. Refer to note 5 for cable
pulling in NYSEG/RGE MH/HH/PM.
4. Customer will install a current limiting in -line disconnect device in customer H.H.
and will supply sufficient length of supply conductors coiled in H.H. to reach center
of NYSEG/ RGE MH/HH/P. Refer to note 5 for cable pulling in NYSEG/ RGE
MH/HH/PM.
5. NYSEG/ RGE will pull supply conductors into NYSEG/ RGE MH/HH/PM and
connect. A solid unbreakable connection will be made between COMPANY/RGE
and customer conductors.
6. A tariff option allows a single fixture to be connected directly without a customer
H.H. if the pole is within 50' from the NYSEG/ RGE MH/HH/PM and there is
sufficient room in base for a current limiting in -line disconnect device and coiled
supply conductors.
Note: If the customer elects to install an approved direct buried cable, the cable should be
left coiled and protected at the outside wall of NYSEG's/ RGE's MH/HH/PM.
'NSE&RGE M.H M.K
Designated by NYgEGMGE
as vn energy only serv,,oe
50' Max
......_ �,r Dcurtumnes Irrraialleri
ar"JUl'ale
Customer I Irstal „
� ��'P 0xas#r;7w�rei Fa;��lities
ji't �' „ ,,, to Energy Only
Lghtng
Figure 1: Underground Sunnlied Fixture from Underground Sunply Point
3.0 Underground Supplied Fixture from an Overhead Service Point
1. Customer will install 10' conduit riser on pole. Metal risers will be installed with
appropriate grounds.
2. Location of riser to be directed by NYSEG/ RGE.
a. Pole identification tags should not be covered.
b. Care should be taken to allow room for linemen to climb pole.
3. Customer will install a current limiting in -line disconnect device 5' above the
riser with sufficient cable to reach NYSEG/ RGE secondary plus 48".
4. NYSEG/ RGE will make connections to the secondary facility.
4.0
NYSEGIRGE P6e Designated by
1AYSEGIRGE as, Energy Orly
SerOce Podnt
C Astorner Installed In -line
Disconnect to be
Positioned in the
Conductor and placed 15'
on the Pole
101
C ustonief Facahbes to
Energy 00y Ughting Unfts
Sufficfent Amount of
Conductor to each
Secondary PIUs 48".
NYSE GIRGE to instaH
U-Guard
Custorner Installed
CondWt
Conductor to
Figure 2: Underground Supplied Fixture From Overhead Service Point
Overhead Supply Point to Overhead Fixture
1. The customer will install conductors and a bonding conductor (#6 copper
minimum) of sufficient length plus 48" to reach NYSEG's/ RGE's secondary
facilities on the pole.
2. The customer will mount the current limiting in -line disconnect device at the
bracket pole plate and connect the bonding wire to the bracket.
3. NYSEG/ RGE will make connections to the secondary facility.
iv
"I'll" ........ I -------- 11_1.11'�
Figure 3: Overhead SuVVly Point to Overhead Fixture
5.0 Customer Installed Overhead Conductor to an Overhead Service Point
1. Customer will bring overhead conductor to NYSEG/ RGE service point pole and
suspend the conductor from a customer installed clevis or the Company clevis or
service rack if permission is given. The conductor will be of sufficient length to
reach NYSEG's/ RGE's secondary facilities on the pole plus 48".
2. Customer will include the current limiting in -line disconnect with the conductor.
3. NYSEG/ RGE will make connections to the secondary facility.
nzw:wxf M
Figure 4: Customer Installed Overhead Conductor to an Overhead Service Point
Exhibit C
Pole Application Process & Timelines
The processes and timelines identified herein follow the NY Public Service Commission's (the
"Commission") Order Adopting Policy Statement on Pole Attachments dated August 6, 2004 (Case
03-M-0432) (the "2004 Pole Order"). NYSEG (or the "Licensor") and the Town (or the "Licensee")
(collectively, the "Parties") understand and agree that these processes and timelines are subject to
change and shall be supplanted and amended as a matter of law by any subsequent Commission Order
that expressly replaces or supplements the 2004 Pole Order's processes and/or timelines. t
Application is Submitted to the Licensor's designated point of contact or e-mail address
by Licensee. Where applicable, an application identifying the identical poles is provided
to NYSEG's Joint Owner.
2. NYSEG requires a 150 pole limit per application.
3. Within five (5) business days of receiving a complete and accurate pole attachment
application, Licensor shall notify Licensee of a start date for the preconstruction pole
survey.
If, however, the Licensor cannot review the application and give the Licensee a date for
starting the preconstruction survey, the Licensor will contact the Licensee within this five (5)
business day period and a proposed alternate make ready schedule shall be negotiated between
the parties in good faith.
4. Unless an alternate schedule is negotiated pursuant to paragraph 3, above, the Licensor
shall have 45 days from its receipt of a complete and accurate application to complete a
preconstruction survey and preliminary make ready design of the poles identified in the
application.
If the Licensor fails to meet this deadline — and an alternate schedule has not been
negotiated pursuant to paragraph 3 — the Licensee may hire a contractor approved by the
Licensor to perform the survey. The Licensor will cooperate in good faith with such approved
contractor, and the Licensee shall timely furnish the Licensor with all design notes, pictures and
other information developed through the survey.
5. Unless an alternate schedule is negotiated pursuant to paragraph 3, Licensor shall furnish
the Licensee with a preliminary make ready design and allocable billable / non -billable
engineering quote within 14 days of completing the preconstruction survey.
1 The Parties agree to amend this Agreement in accordance upon the issuance of a subsequent and superseding
Commission Order.
z Upon request NYSEG also offers a "One Touch" arrangement for Licensees interested in overseeing the survey and
preliminary design phases of the pole attachment process. In a One Touch arrangement, the Licensee engages a NYSEG
approved vendor to perform the survey and design before submitting an application to NYSEG. Upon submitting the
application, NYSEG has five (5) business days to notify the Licensee of any defects in the application or propose an
alternative schedule for assembling a Final Make Ready Package using the design notes provided by the Licensee. Unless
an alternative schedule is negotiated in good faith within those five (5) business days, NYSEG will provide the Licensee
a Final Make Ready Package within 14 days of receiving the Licensee's One Touch application.
vii
6. The Licensee shall have 14 days from receipt of the Licensor's proposed make ready
design to agree or raise objections to the proposed design and/or engineering cost
allocation. The parties shall work in good faith to work out any disagreements or delays.
Pursuant to Article VII(b), the Licensee shall pay the bill for make ready work within
thirty (30) days from receipt of a Licensor invoice or issuance of a Licensee purchase
order to Licensor.
7. When the parties, including any Joint Owners, reach consensus on a make ready design,
NYSEG will provide the Licensee with a Final Make Ready Package upon receipt of
Licensee's pole application payment.
8. Except in limited circumstances expressly agreed to by the parties, the Licensee shall be
responsible for obtaining a quote from a NYSEG approved construction contractor to
perform the make ready work required to install the attachments in accordance with the
Final Make Ready Package. For any non -billable make ready work, the Licensee must
submit the quote to NYSEG for approval before such work can commence.
9. Licensee shall complete the make ready as directed in the Final Make Ready Package
within 120 days of paying the pole application fee to the Licensor. Licensee's failure to
timely complete agreed upon make ready designs shall entitle NYSEG, at its sole
discretion, to rescind any permissions to attach and require that the pole(s) at issue be
resubmitted to the pole application and make ready process. Licensee shall pay any
incremental surveying and design costs to update/refresh Make Ready Packages with
current field conditions.
10. Licensee or its contractor shall schedule a pre -construction meeting with the relevant
NYSEG Division before commencing make ready activities related to billable and non -
billable work. Upon completion of the make ready work, the Licensee or its contractor
must submit all as-builts and invoices to NYSEG. NYSEG will issue Licensee a
preliminary License to attach and schedule a post -construction survey upon receipt of the
close-out paperwork.
11. Licensee shall notify NYSEG that make ready work has been completed. Upon the
Licensee successfully passing the post -inspection, a License will be awarded.
12. Licensee shall furnish Licensor with all permits, easements or other agreements
associated with the attacher's facilities.
13. All disputes regarding costs, application processing or scheduling that cannot be resolved
through informal good faith negotiations between the parties, may be referred to the
Expedited Dispute Resolution Process established under the 2004 Pole Order.
vii
Item 03
MEETING OF THE ITHACA TOWN BOARD
April 26, 2021
TB Resolution 2021- : Authorization to amend existing contract with T.G. Miller P.C. to
expand the scope of work to include preparation of a property transfer map and legal
description for the King Road East Park Project
Whereas, on February 26, 2018 the Town Board authorized T.G. Miller, P.C. Engineer and
Surveyors (TG Miller) to prepare construction documents for the park and trail project located on
King Road East, at a cost not to exceed $16,200.00 (Contract), and
Whereas, the original design drawings showed the relocation of approximately 150 LF of gravel
trail that is currently located on lands owned by Hospicare Foundation Inc., and
Whereas, Hospicare Foundation Inc. has agreed to transfer a portion of land in fee to the Town to
facilitate retaining the current trail alignment and existing screening/vegetative buffers in place,
and
Whereas, the Contract needs to be amended to include the additional work outlined in Proposal
Amendment No. 1, prepared by T.G. Miller at an additional cost of $1,000.00; now therefore be it
Resolved, that the Town Board hereby authorizes the Supervisor to sign said amendment to the
existing Contract as described above.
Moved: Seconded:
Vote:
. G. ML L E R, . C.
E N G I N E E R S A N D S U R V E, Y O R S
605 West State Street, Suite A I Ithaca, NY 14850 1 phone 607-272-6477 1 fax 607-273-6322 1 www.tgmillerpc.com
March 10, 2021
Michael Smith
Senior Planner
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
RE: Proposal Amendment No. 1 - Additional Services - Hospicare Land Transfer
East King Road Park - Town of Ithaca, NY
Dear Mr. Smith,
We are pleased to submit Proposal Amendment No. 1 in connection with the East King Road Park
project in the Town of Ithaca. This Amendment will modify our Agreement dated February 27,
2018.
The original design drawings last dated 6/21/19 showed the relocation of approximately 150 LF of
gravel trail that is currently located on lands owned by Hospicare. We understand the Town of
Ithaca and Hospicare have come to an agreement to leave the trail in its current location which will
require the transfer of a portion of Hospicare property to the Town of Ithaca. The extents of the
transfer are shown on the sketch below extracted from a drawing titled "Town of Ithaca King Road
East Park Proposed Land Transfer — Site Overview" prepared by the Town of Ithaca and dated
3/01/2021.
To affect this transfer, T.G. Miller will prepare a boundary map and metes and bounds description
formally describing the portion of land to be transferred. After approval of the transfer T.G. Miller
will set 3 corner markers as shown below. This work constitutes an additional service and as such
we are requesting an additional lump sum fee of $1,000. Fees will be invoiced as "Additional
Services — Land Transfer" and be shown as a separate line item on future invoices.
If you are in agreement with the terms of this amendment please indicate your approval by signing
below.
Respectfully, Accepted by:
� V R
Andrew J. Sciarabba, P.E. Title:
Vice President
Date:
David A. Herrick, P.E.
Frank L Santelli, P.E. Dondi M. Harner, P.E. Lee Dresser, L.S.
Andrew J. Sciarabba, P.E. LEED A.P., C.P.E.S.C. Darrin A. Brock, L.S.
CORNER MARKER SKETCH
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Item 04
MEETING OF THE ITHACA TOWN BOARD
April 26, 2021
TB Resolution 2021 - : Acceptance of dedication of Phase 3 and Phase 4 Water Main
Infrastructure associate with the Westview 32-Lot Subdivision, Schikel Rd and
authorization to sign associated easements
Whereas, the Town of Ithaca Planning Board granted Subdivision Approval for the Westview
32-lot Subdivision, located at the intersection of Danby Road (NYS Route 96B) and Schickel
Road, Town of Ithaca Tax Parcel No. 36-2-3.2, Low Density Residence District. The
subdivision consists of 31 residential lots and a 1.5+1- acre lot for a park in the southeast corner
of the property, Igor Chiekhet, Owner; and
Whereas, the Town Board accepted the concept and location of utilities associated with the
Project by TB Resolution 2004-130; and
Whereas, Phase 3 and Phase 4 water infrastructure for the Project has been completed in a
manner satisfactory to the Town Highway Superintendent and the Director of Engineering; and
Whereas, Project included proposed dedication to the Town of Ithaca the public water
infrastructure as shown on the plan titled "Waterline Easement Map for Westview Subdivision
Phase 3 and 4" dated January 11,2021, revised March 15, 2021; prepared by Lee Dresser, L.S.,
T.G. Miller P.C.; and
Whereas, the Attorney for the Town has reviewed and approved the title, access easements and
rights -of -way associated with the dedication of the infrastructure to the Town; now therefore be
it
Resolved, that the Ithaca Town Board hereby accepts the dedication of the above -described
public water infrastructure and approves and authorizes the Supervisor to sign all associated
easements and rights -of -was on behalf of the Town.
Moved: Seconded:
Vote:
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March 29.2O21 Ithaca, mv,48m
Mailing Address:
VIA HAND DELIVERY po.aoxomm
/m="wvwum
Joe Slater
Director ofPublic Works
"rmwnofIthaca
215North T|oQeStreet
Ithaca, NY1485O
Daniel Thaete
P.E_Director ofEngineering
Town of Ithaca
215North TiogaStreet
Ithaca, NY1485O
Re: Westview Partners, LLC, Permanent Water and Access Easements and Rights
of Way
Dear Mr. Thaete & Mr. Slater:
Qmbehalf of WestviewPartners, LLC,|hereby request that the Town accept conveyance of
the permanent water and access easement attached hereto. The same imdepicted inthe attached
Survey Map entitled "Waterline Easement Map for VVestviewSubdivision Phase 3&4.Town cd
Ithaca, Tompkins County, NY, dated January 11.2021 and revised March 15.2021 ("Survey Map").
The approved as -built sheet title, imthe same, Waterline Easement Map for YVestxieaSubdivision
Phase 3 U, Town of Ithaca, Tompkins County, NY, dated January 11, 2021 and revised March 15,
2021, and said Waterline Easement has been approved by the Director of Engineering.
The Abstracts for all Parcels affected by this conveyance have been delivered to the Clerk
for the Town of Ithaca. Enclosed herewith are the following:
1.The Survey Map
4. County Treasurer Tax Certifications
5. TP-584
6. RP-5217
Please let me know if you require anything further. Thank you for your time and
consideration.
M�
COUGHLIN
<
By Serenna L. Mc,�CUd
Attorney At Law
Enclosures
Cc: Dave O'Shea
Boris Sirnkin
LIMITED LIABILITY COMPANY RESOLUTION
The undersigned, being the duly elected Secretary of Westview Partners, LLC, a New York
Limited Liability Company (the "(:.""ompany") does hereby certify that the following resolutions were duly
adopted by the Members of the Limited Liability Company a Special Meeting lawfully called for such
purposes:
RESOLVED, that the President of the Limited Liability Company be and hereby is authorized to
execute any and all deeds and relating filing documents for and in the name of the Limited Liability
Company under such terms and conditions as such Officer, in his best business judgment, may deem
advisable, and in connection therewith, such Officer may make, execute, endorse and deliver and deeds,
affidavits, easements, rights of way, or other agreements, documents and papers as are necessary or
desirable to complete a transaction whereby easements and rights of way pertaining to certain parcels land
of, Phases 3 & 4 of the Westview Subdivision are being granted to the'rown of Ithaca, and to effect a
closing and filing upon such Pennanent Water and Access Easements and Rights of Ways, and to carry out
and perform on the part of the Limited Liability Company all covenants, conditions, and agreements on its
part to be carried out, ,raid to perform and give full effect to the intent and purpose of this Resolution by,
for, and in the name of the Limited Liability Company; and it is further
RESOLVED, that upon the execution of any documents by the President of this Limited Liability
Company, such execution is, shall be, and shall be deemed conclusive evidence of the approval of
such document or transaction, and each and all of its terms, by such Officer and the Limited Liability
Company; and it is further
RESOLVED, that any and all acts, instruments, and other writings and acts previously performed,
executed, or delivered by the Limited Liability Company or any one or more of its Officers, Members,
agents or employees, in connections with the facilities and transactions herein addressed, be hereby in
all respects ratified, adopted and approved by the Limited Liability Company, it is further
RESOLVED, that WEST VH`!.W PAKINI", RS, IJ.C, convey, said easements and rights of way to
the 'Town of Ithaca, New York 14850 for the purpose of access to the water maim, and that BORIS
SIMKIN, as member of WESTVIh-,W PARTNERS, LLC, execute and deliver all documents on behalf of
the Limited Liability Company to consummate this transaction.
As Secretary, I further certify that (1) the foregoing Resolutions have not been repealed, annulled,
altered or amended in any respect and remain in full force and effect; (2) the meeting of Members whereat
the foregoing Resolutions were moved and adopted was lawfully called and conducted pursuant to the
Company's Operating Agreements and the laws of the State of New York; (3) a lawful quorum was present
and voting throughout such meeting; (4) there is nothing in the Company's Articles of Organization
Agreements with which anything contained in said Resolution are in conflict.
IN WITNESS WHEREOF, the undersigned has set his hand and seal and caused this Resolution
to be executed by the duly authorized representative of the Company as of this I 91h day of March, 2021.
By:
�, 4.^,
Boris Sinikin, Secretary
STATE O NEW YORK
) Ss:
COUNTY OFTOMPKIM )
On this 19"' day of 'March, 2021, before me, the undersigned, a Notary Public in and, for said
State, personally appeared BORIS SIMKtN, personally known to me or proved to me on the basis (if
satisfi.ictory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in her capacity, and that by his signature on the
instrument, the individual, or the person upon behafqf which the individual acted, executed the,,,,,,,-.,
instrument.
.Notary Public
-ERENNA L. MCCLOUD, ESOP.
(Votary Pubftl State 01 t4"W York
ouslifiedinTo"
Registration No
fiommission Expi;;s February 3,2024
[ NO
']'HIS INDENTURE is made this 19th day of March, 2021 by and between West -view Partners, LLC, a New York limited
liability company, 217 Buttermilk Lane, Ithaca, NY 14850 (together with its successors and assigns, 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
1.4850 (together with its successors, assigns, employees, officers, agents, and contractors, severally or jointly the "Grantee"
or the "Town").
The Grantor is the owner of the following parcels of land, located in flie'rown of Ithaca, Tompkins County, New York (the
"Premises"):
1. Lot 16 of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11 /2021 prepared by Lee Dresser ofT.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 25 Scbickel Road, designated as tax map number 36-2-3.37
1 Lot 17 of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021. prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 23 Schickel Road, designated as tax map number 36-2-3.38
3. Lot 18 of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021 prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 21 Schickel Road, designated as tax map number 36-2-3.39
4. Lot 19 of Westview Subdivision, ]'base 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021 prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 17 Schickel Road, designated as tax map number 36-2-3.40
5. Lot 20 of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021 prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 15 Schickel Road, designated as tax map number 36.2--3.41
6. Lot 21. of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021 prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith, Said parcel being
commonly known as 13 Schickel Road, designated as tax map number 36-2-3,42
7. Lot 22 of Westview Subdivision, Phase 4, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/1.1/2021 prepared by Lee Dresser of T.G. Miller P,C. and filed concurrently herewith. Said parcel being
commonly known as 11 Schickel Road, designated as tax map number 36-2-43
8. Lot 31 of Westview Subdivision, Phase 3, as shown on "Waterline Easement Map for Westview Subdivision Phase
3" dated 1/11/2021 prepared by Lee Dresser of T.G. Miller P.C. and filed concurrently herewith. Said parcel being
commonly known as 124 Larissa Lane, designated. as tax map number36.-2-3.52
9. Phase 4 Right of Way of the Westview Subdivision. Said parcel being designated as 36-2-3.56
NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable
consideration paid by therown, 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, Jay, construct, operate, make observations of, inspect, maintain, alter, improve, repair,
remove, replace or change the size of water mains, laterals, collectors, lines and pipes, together with any and all necessary or
desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and
under the below -described 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 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:
ALI " THAT TRACI' OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New
York, being part of the Lots described above, and being more particularly bounded and described as follows:
Parcel I - Commencing at a pin found along the common property boundary between the Schickel Road right of
way and 9 Schickel Road, said boundary being the northern property boundary of 9 Schickel Road and the South
right of way of Schickel Road, and said pin marking the beginning of line Ll, as shown the map herein referenced;
and proceeding
Thence N 06'45'00" E a distance of 20.03'to a point;
Thence S 80'11'46" E a distance of 73.08'to a point,
'Thence S 83'18'15" E a distance of 64.85'to a point;
Thence S 83'18'1.5" E a distance of'1.69,94'to a point;
Thence S 83'18'15" E a distance of 43.84'to a point;
Thence S 88'00'22" E a distance of 80.4l'to a point,
Thence S 88"1700" E a distance of 20.57' to a point;
Thence S 86'24'28" E a distance of 25.03'to a point;
Thence S 86'36'19" E a distance of 166.23' to a point;
Thence S 83'23'13" E a distance of 122.81' to a point in the Fast line of Lot 19 of the Westview Subdivision, Tax
Map No. 36-2-3.40;
Thence S 06'41'44" W a distance of 20.00'along the East line of Lot 19 to a point;
Thence N 83'23'13" W a distance of 122.22'to a point,
Thence N 86'36'19" W a distance of 165.67' to a point;
Thence N 86'24'28" W a distance of 25.10'to a point;
Thence S 03'35'32" W a distance of 10.00'to a. point;
Thence N 88"18'50" W a distance of 20.01'to a point;
Thence N 03'35'32" E a distance of 10.00'to a point.;
Thence N 88'00'22" W a distance of 81-23'to a point,
Thence N 831,815" W a distance of 44.66'to a point;
Thence N 83'1.8'15" W a distance of 1.69.94'to a point;
Thence N 831815" W a distance of 41,83'to a point;
Thence N 06'41'44" E a distance of 1.83'to a point;
Thence N 83'15'24" W a distance of 58.17to a point;
Thence N 80'11'46" W a distance of 37.91'to the point and place of beginning, comprising in all 0.355+ acres.
Parcel 11 - Commencing at a point in the West line of Subdivision Lot 18 of Westview Subdivision, said point being
further described as S 06'4144" W a distance of 5.17from the South Street line of Schickel Road Phase 4, said point
also being the beginning of line 26 as shown on the map herein referenced; and proceeding
Thence S 83'23'13" E a distance of 32.20'to a point,
Thence S 82'24'38" E a distance of 100.54' to a point;
Thence N 07'35'22" E a distance of 9.99'to a point;
Thence S 82'42'34" E a distance of 20.00'to a point;
Thence S 07'35'22" W a distance of 10.00'to a point;
Thence S 83'34'29" E a distance of 226.42'to a point;
'Thence S 84'31'0't" E a distance of 131.54'to a point,
Thence S 40'19'19" E a distance of 20.40'to a point;
Thence S 05'27'24" W a distance of 159.44'to a point,
Thence S 07'37'20" W a distance of 213.78'to a point,
Thence N 83'18'16" W a distance of 20.00'to a point;
Thence N 073720" E a distance of 199.28' to a point;
Thence N 82'22'40" W a distance of 1.0.00'to a point.;
Thence N 07'0111" E a distance of 20.00'to a point;
Thence S 82'22'40" E a distance of 10.00'to a point;
`Thence N 05'27'24" E a distance of 145.05' to a point,
Thence N 40'1919" W a distance of 3.84'to a point;
Thence N 84'31'01" W a distance of 123.59'to a point;
Thence N 83'34'29" W a distance of 234.38' to a point;
Thence N 81'23'23" W a distance of 3.09'to a. point;
Thence N 82')24'38" W a distance of 109.89' to a point.;
Thence N 83'23'13" W a distance of 32.06'to a point,
Thence N 06'41'44" E a distance of 20.00' to the point and place of beginning, comprising in all 0.417± acres.
Parcel I and Parcel 11 herein being the "Easement Areas".
SUBJECT 'To covenants, restrictions, easements and encumbrances of record, and the above described areas of the
easement and rights -of -way are more particularly shown and described upon a certain survey map entitled Waterline
Easernent Map for Westview Subdivision Phase 3 & 4, Town. of Ithaca, Tompkins County, New York", dated 1/11/2021,
revised 3/15/2021., as prepared by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York, which map is incorporated
herein by reference and intended to be filed concurrently herewith (the "Easement Survey Map").
BEING a portion of lands conveyed by Warranty deed dated May 10, 2006 to the Grantor herein by Igor Cheikhet and
recorded in the Tompkins County Clerk's Office in Instrument Number 491599-002; and
FURTHER WITNESSETH that, for the purposes of clarity and to avoid confusion, there are portions of these described
Easement Areas that are now within, or which in the future may be within, lands or areas also or further dedicated to the
Town for roadway and related purposes, and this conveyance should be read, interpreted, applied, and construed to convey
rights and interests of Grantor to the 'rown cumulatively and as follows: (j) a grant and conveyance in and affecting any
lots and areas not within such existing or proposed highway dedication areas, including as shown upon the Easement
Survey Map affecting the servient numbered lots; as well as (d) to denote the general areas reserved for waterline easements
and access, in all cases subject to the right of the Town to re -define the width of any easements, or rights -of -way upon
property it holds in fee. It is expressly further herein understood, declared, and covenanted that no application of the rules
or doctrine of merger shall impair or otherwise affect any rights or interests of the Town as an appurtenant rights holder
under this instrument.
FURTHER WITNESSETH, that the Grantor further hereby grants and releases unto the Town, its successors and assigns
forever, an EASEMENT and RIGTIT-OF-WAY for access by vehicles, persons, and equipment over above referenced Lots
16-22, 31, and the Phase 4 Rights -of -Way for the purpose of accessing the aforementioned Easement Areas; and
FURTHER WITNESSETH, that
AND, Grantor further covenants and agrees:
1. 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 as approved by the Town) shall be constructed
within or adjacent to the Easement Areas which will in any way interfere with complete access by the Town to excavate, install,
Jay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any
water mains, laterals, collectors, lines and pipes, and other and related appurtenances and devices.
2. Grantor covenants and agrees that, except for trews 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, no trees or other plants will be planted or
cultivated that may interfere with the Easement Areas or access thereto.
3. Grantor 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, it will not permit or
conduct any mining, excavation, construction or blasting within said easement and right-of-way.
4. Grantor covenants and agrees that it will not engage in or allow any conduct that directly or indirectly blocks, obstructs,
or interferes with the ingress and egress rights of the'rown.
5. Grantor covenants and agrees that it shall reference this instrument in all conveyances of parcels or lands upon which
any portion of these Easement Areas are situate or adjacent to.
TO HAVE AND TO HOLD said rights -of -way and easements unto the Town perpetually, 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 THE TOWN DOES COVENANT that Grantee will, at all firries when it enters the Premises for any purpose related
to the Easement Areas, 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
WESTVIEW PARTNERS, LLC
By:
. . ....... ......... .... .. . - - - ---------------- ----------
Boris Simkin, Member
State of New York
County of Tompkins ss.:
FaWAILMOUTUFM
By:
Rod Howe, Town Supervisor
Or) the 19th day of March in the year 2021 before me, the undersigned, personally appeared BORIS SIMKIN, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed tba7rument.
Notary Public
State. of New York
County ofTompkiris ss.:
On the - . — day of 1 11 11 1 1 in the year 2021. before me, the undersigned, personally appeared ROD HOWE,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
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Item 05
Meeting of the Ithaca Town Board
April 26, 2021
TB Resolution 2021- : Approval and Authorization of a Bond redemption from Fund
balances
Whereas, the Town Budget Committee has recommended the Town use $1,245,000 in available
Fund balance as follows: A Fund $192,000; DB Fund $469,000; and F Fund $584,000
to redeem the Series 2013 Bonds prior to maturity, and
Whereas, the Series 2013 Bonds are callable on August 1, 2021 at par, now therefore be it
Resolved, that the Town Supervisor is hereby authorized to use available Fund balances as
described, and the Finance Officer is authorized make any necessary budget adjustments for
same, to call the Series 2013 Bonds on August 1, 2021, and be it further
Resolved, that the Town cause to be filed a Notice of Early Redemption with the Depository
Trust Company and post such Notice on the Electronic Municipal Market Access website of the
Municipal Securities Rulemaking Board.
Moved: Seconded
Vote:
Item 07
MEETING OF THE ITHACA TOWN BOARD
Monday, April 26, 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
b. Approval of Town of Ithaca Abstract
c. Revised Working Supervisor Job Description
d. Budget Transfers 1Q 2021
Moved: Seconded:
Vote:
TB Resolution 2021 - a: Approval of Minutes
Resolved, that the Town Board hereby approves the minutes of April 12, 2021 with any non -
substantial corrections suggested by the Board having been made.
TB Resolution 2021 - : Town of Ithaca Abstract No. 8 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 Town Board hereby approves of and authorizes the payment of
VOUCHER NOS. 447 - 519
General Fund Town Wide
47,560.33
General Fund Part -Town
2,274.93
Highway Fund Town Wide DA
26,977.18
Highway Fund Part Town DB
4,940.81
Water Fund
72,623.58
Sewer Fund
70,343.04
PWF Renovations Project — H22
352.50
Fire Protection Fund
280,000.00
Forest Home Lighting District
2010.25
Glenside Lighting District
13.21
Renwick Heights Lighting District
22.05
Eastwood Commons Lighting District
30.89
Clover Lane Lighting District
4.14
Winner's Circle Lighting District
6.18
Burlei h Drive Lighting District
14.40
1
Item 07
West Haven Road Lighting District
56.18
Coddin ton Road Lighting District
33.22
TOTAL
507,262.89
TB Resolution 2021 - c: Approval of Revised Working Supervisor — Town of Ithaca Job
Description
Whereas, the Director of Public Works and the Personnel & Organization Committee have drafted,
reviewed and recommended a revised Working Supervisor — Town of Ithaca job description to
create a Town of Ithaca -only Working Supervisor job description, which provides a more accurate
description of the scope of duties for the position in the Town of Ithaca•, now, therefore, be it
Resolved, that the Ithaca Town Board hereby approves the revised job description for Working
Supervisor — Town of Ithaca as recommended.
TB Resolution 2021- d: Approval of Budget Transfers, Amendments and Modifications for
the Quarter Ending March 31, 2021.
Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation
accounts for the quarter ending March 31, 2021, and
Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers,
amendments or modifications summarized below:
General Town -wide Fund
BudL,et Transfers
Account
Description
From
To
A1110.400
Contractual
425
A1110.401
Auditing Services
425
A1340.100
Regular
480
*1340.416
Cell Phone Reimbursement
480
*1620.400
Contractual
3412
*1620.444
Security & Alarm
3412
A1680.496
Time Warner Cable
6500
A1680.491
Hardware & Equipment
6000
A1680.492
Software
500
A1910.439
Liability Insurance
2633
A1920.488
Taxes/Assessments on Town Property
2633
BudL,et Amendment:
Account
Description
Revenue
Expense
Gifts & Donations — TRIAD
A2705
Foundation
5000
Contractual — Pleasant Grove
A8810.400
Cemetery
5000
2
Item 07
General Part -Town Fund
Budget Transfers:
Account
Description
From
To
B 1680.496
Time Warner Cable
4150
B 1680.492
Hardware & Equipment
4150
B8020.400
Contractual
480
B8020.416
Cell Phone Reimbursement
480
Highway Part -Town Fund
Budget Transfers:
Account
Description
From
To
DB 1680.496
Time Warner Cable
7050
DB 1680.491
Hardware & Equipment
7050
Water Fund
Budget Transfers:
Account
Description
From
To
F1680.496
Time Warner Cable
5875
F 1680.491
Hardware & Equipment
2875
F1910.439
Liability Insurance
3000
Sewer Fund
Budget Transfers:
Account
Description
From
To
G1680.496
Time Warner Cable
5875
G1680.491
Hardware & Equipment
5875
now, therefore, be it
Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all
budget transfers, amendments, and modifications, including all other changes deemed
appropriate and necessary.
TB Resolution 2021 - : Proclamation — May is Building Safety Month
Whereas, the Town of Ithaca is committed to recognizing that our growth and strength depends on
the safety and economic value of the homes, buildings and infrastructure that serve our citizens,
both in everyday life and in times of disaster, and
Whereas, our confidence in the resilience of these buildings is achieved through building safety
and fire prevention officials, architects, engineers, builders, tradespeople, design professionals,
laborers, plumbers, and others in the construction industry —who work year-round to ensure the
safe construction of buildings, and;
Whereas, modern building codes include safeguards to protect the public from hazards such as
Item 07
hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and;
Whereas, Building Safety Month is sponsored by the International Code Council to remind the
public about the critical role of our Construction Professionals and Officials, and
Whereas, "Prevent, Prepare, Protect. Building Codes Save," the theme for Building Safety Month
2021, encourages all Americans to raise awareness about the importance of safe and resilient
construction; fire prevention; disaster mitigation, energy conservation; water safety; training the
next generation; and new technologies in the construction industry, and
Whereas, each year, in observance of Building Safety Month, people all over the world are asked
to consider the commitment to improve building safety, resilience and economic investment at
home and in the community, and to acknowledge the essential service provided to all of us by local
and state building departments, fire prevention bureaus and federal agencies in protecting lives
and property, now therefore be it
Resolved that the Town Board of the Town of Ithaca hereby proclaims the Month of May as
Building Safety Month.
E
Wee�k I Week 2: Week 3- Week 4��
ABSTRACT / AUDITED / 144
GENERAL FUND TOWNWIDE
TOWN OF ITHACA Page 1 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
To the Supervisor:
I certify that the vouchers listed on this Abstract were audited by the Town Board on the above date and allowed in the
amounts shown. You are hereby authorized to pay to each of the claimants the amount opposite their name.
Date
Town Clerk/Comptroller
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
448
BAKER'S ACRES
A7110.456
388.86
17369
INV # 878016/PLANTINGS FOR PWF
04/27/2021
449
BANFIELD-BAKER CORP
A7110.441
188.75
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
449
BANFIELD-BAKER CORP
A8540.400
188.75
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
450
DONALD BEACH
A7110.440
25.75
17388
2021 WORKBOOT/REIMBURSEMENT
04/27/2021
451
BEAM MACK SALES & SERVICE INC
A7110.451
169.23
17371
INV # 110 1 67/REPAIR # 9
04/27/2021
452
BOBCAT OF BUFFALO INC
A7110.451
87.54
17372
INV # 01-125827/MOR-KNIVES
04/27/2021
453
CARDMEMBER SERVICES INC
A1340.410
46.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1430.423
38.37
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1440.410
125.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1670.405
140.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.400
11.09
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.400
-135.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.400
29.98
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.491
129.90
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.494
49.99
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A1680.497
20.89
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A444M
609.90
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A5010.410
45.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
ABSTRACT / AUDITED / 144
GENERAL FUND TOWNWIDE
TOWN OF ITHACA Page 2 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
453
CARDMEMBER SERVICES INC
A5010.420
123.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
A5010.421
45.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
454
CARGILL INC - SALT DIVISION
A7110.452
229.32
17375
INV # 2906148287/ROCK SALT
04/27/2021
455
CARGILL INC - SALT DIVISION
A7110.452
154.62
17375
INV # 2906154313/ROCK SALT
04/27/2021
456
CARGILL INC - SALT DIVISION
A7110.452
154.40
17375
INV # 2906151249/ROCK SALT
04/27/2021
457
CASELLA WASTE SERVICES INC- 48
A1620.443
121.72
17376
INV # 1594335/TRASH REMOVAL APRIL
04/27/2021
458
CASELLA WASTE SERVICES INC- 48
A5132.441
83.08
17376
INV # 1594693/TRASH REMOVAL APRIL
04/27/2021
458
CASELLA WASTE SERVICES INC- 48
A7110.441
83.07
17376
INV # 1594693/TRASH REMOVAL APRIL
04/27/2021
459
CENTER OF PRINT PRODUCTION
A7550.400
647.84
17377
INV # 67996/PRINT BANNERS T/ITHACA BICENTENNIAL
04/27/2021
461
CINTAS CORP LOC 121 INC
A5132.441
16.56
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
461
CINTAS CORP LOC 121 INC
A7110.440
2.76
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
463
CLIMATE CONTROL TECH, INC
A1620.441
628.70
17382
INV # 13540/HVAC PARTS
04/27/2021
464
CLIMATE CONTROL TECH, INC
A1620.441
1,548.10
17382
INV # 13590/HVAC PARTS
04/27/2021
466
CONSTELLATION NEW ENERGY INC
A3310.454
3.23
17383
INV # 1980972140 1 /ELECTRIC
04/27/2021
466
CONSTELLATION NEW ENERGY INC
A5132.447
18.40
17383
INV # 1980972140 1 /ELECTRIC
04/27/2021
466
CONSTELLATION NEW ENERGY INC
A5182.400
758.67
17383
INV # 1980972140 1 /ELECTRIC
04/27/2021
467
COUGHLIN & GERHART LLP
A1430.403
1,225.00
17384
INV # 300095465/LABOR RELATIONS CONSULTING MARCH 2O21
04/27/2021
468
CROSSROADS HIGHWAY SUPPLY, INC
A3310.455
549.90
17385
INV # 21286/SIGNS/MARKERS
04/27/2021
469
CROSSROADS HIGHWAY SUPPLY, INC
A3310.455
4,019.95
17385
INV # 21232 & 21241/SIGNAGE
04/27/2021
472
FISH, SAMANTHA
A7110.440
5.20
17390
TANK ENDORSEMENT/REIMBURSEMENT
04/27/2021
473
FIVE STAR EQUIPMENT INC
A7110.451
31.26
17391
INV # P64682/WATER PUMP/GASKETS/0-RINGS # 77
04/27/2021
474
GANNETT CENTRAL NY NEWSPAPERS
A1410.423
108.20
17392
INV # 3781384/MARCH LEGAL ADS TOWN CLERK
04/27/2021
ABSTRACT / AUDITED / 144
GENERAL FUND TOWNWIDE
TOWN OF ITHACA Page 3 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
475
HILLYARD - NEW YORK
A1620.442
815.00
17393
INV # 604288867/TENNANT CS5 MICRO FLOOR SCRUBBER
04/27/2021
475
HILLYARD - NEW YORK
A5010.459
500.00
17393
INV # 604288867/TENNANT CS5 MICRO FLOOR SCRUBBER
04/27/2021
475
HILLYARD - NEW YORK
A5132.441
1,000.00
17393
INV # 604288867/TENNANT CS5 MICRO FLOOR SCRUBBER
04/27/2021
479
MAGUIRE FORD INC
A7110.451
6.50
17397
INV # 106204/DIAGNOSIS OF # 56
04/27/2021
484
O'GRAPHIC DESIGNS
A1620.440
75.50
17402
INV # 7858 & 7857/LOGO APPLICATION TO APPAREL/SHIRT ORDER
04/27/2021
484
O'GRAPHIC DESIGNS
A7110.440
407.96
17402
INV # 7858 & 7857/LOGO APPLICATION TO APPAREL/SHIRT ORDER
04/27/2021
485
OFFICE EQUIPMENT SOURCE, INC
A1670.437
133.98
17403
INV # 40102 DTD 4/12/2 1 /XEROX C405
04/27/2021
485
OFFICE EQUIPMENT SOURCE, INC
A1670.437
75.32
17403
INV # 39727 DTD 4/2/21/XEROX C405
04/27/2021
486
OFFICE OF STATE COMPTROLLER
Al 110.482
11,978.00
17404
INV # 5034230-2021-03-01/COURT FEES MARCH 2O21
04/27/2021
488
QUILL LLC
A1670.405
28.00
17406
INV # 16151495/COPY PAPER
04/27/2021
491
SMITH INC —JC
A5132.441
171.46
17408
INV # 1532530/PRESSURE WASHER HOSES FOR SHOP
04/27/2021
492
SMITH INC —JC
A7110.440
3.25
17408
INV # 1533251/SAFETY VEST SMALL
04/27/2021
494
STADIUM INTERNATIONAL TRUCKINC
A7110.451
4.37
17410
INV # 2423762/DOOR SWITCH FOR # 5
04/27/2021
495
STAPLES CONTRACT
A1410.400
23.99
17411
INV # 8061803695/017FICE SUPPLIES
04/27/2021
495
STAPLES CONTRACT
A1440.400
82.50
17411
INV # 8061803724/OFFICE SUPPLIES
04/27/2021
495
STAPLES CONTRACT
A1620.442
47.64
17411
INV # 8061803695/017FICE SUPPLIES
04/27/2021
495
STAPLES CONTRACT
A1660.404
88.44
17411
INV # 8061803724/OFFICE SUPPLIES
04/27/2021
495
STAPLES CONTRACT
A5010.400
287.48
17411
INV # 8061803695/017FICE SUPPLIES
04/27/2021
496
THALER & THALER
A1420.402
202.50
17412
INV # 41485 DTD 4/7/21/LEGAL SERVICES MARCH 2O21
04/27/2021
497
THE DRAIN BRAIN
A7110.441
90.00
17413
INV # 10226/SEPTIC UNIT RENTAL EAST SHORE DRIVE
04/27/2021
497
THE DRAIN BRAIN
A7180.420
90.00
17413
INV # 10225/SEPTIC UNIT RENTAL COMM GARDEN
04/27/2021
499
TOLLS BY MAIL
A1440.410
7.98
17415
INV # 17507657853/ENGINEERING CONFERENCE BALLSTON SPA
04/27/2021
ABSTRACT / AUDITED / 144
GENERAL FUND TOWNWIDE
TOWN OF ITHACA Page 4 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
500
TRIPLE CITIES ACQUISITIONS LLC
A7110.451
6.02
17416
INV # 1341688/FITTING FOR SHOP
04/27/2021
501
VERIZON INC
A5132.415
34.15
17417
A/C # 651-753-350-0001-68/607-273-9953-290-254
04/27/2021
502
VERIZON INC
A1650.415
60.17
17417
A/C # 651-453-331-0001-62/607-273-2746-971
04/27/2021
502
VERIZON INC
A1650.415
30.08
17417
A/C # 651-753-182-0001-39/607-256-0621-600-256
04/27/2021
502
VERIZON INC
A7110.415
59.76
17417
A/C # 251-453-334-0001-97/607-273-3470-251-253
04/27/2021
504
VERIZON WIRELESS INC
A1220.415
125.35
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
504
VERIZON WIRELESS INC
A1430.415
85.36
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
504
VERIZON WIRELESS INC
A1440.415
288.07
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
504
VERIZON WIRELESS INC
A1680.415
137.99
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
504
VERIZON WIRELESS INC
A5132.415
494.75
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
504
VERIZON WIRELESS INC
A7110.415
85.36
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
506
WHITE OAK NURSERY LLC
A7110.400
2,637.50
17421
INV # 404005/13ABCOCK PRESERVE CONTROLS
04/27/2021
508
WILLIAMSON LAW BOOK COMPANY
A1680.400
1,235.00
17423
INV # 186185/CLOUD SET UP FEE ACCOUNTING
04/27/2021
509
WISHNA, ROBYN LEE
A7550.400
500.00
17424
PHOTOS/VIDEOS/WEBSITE/SPIRIT OF TOMPKINS
04/27/2021
510
XEROX CORPORATION
A1670.437
365.32
17425
INV # 013080476/XEROX 7845
04/27/2021
512
ZEISER WILBERT VAULT INC
A7110.528
657.00
17427
INV # 212262/OUTLET STRUCTURE SAUNDERS PARK
04/27/2021
513
ALTA CONSTRUCTION EQUIPMENT
A7110.451
59.88
17367
INV # P167782/HANDLE # 41
04/27/2021
514
BOBCAT OF BUFFALO INC
A7110.451
30.69
17372
INV # 01-125948/MALE SHORTING PLUG CHIPPER STOCK
04/27/2021
515
CAMFIL USA, INC.
A5132.441
852.85
17373
INV # 30224204/OPTIC-PAC RIGID FILTERS FOR PWD
04/27/2021
516
CLIMATE CONTROL TECH, INC
A1620.441
511.88
17382
INV # 13740/HVAC PARTS
04/27/2021
517
CULLIGAN WATER
A1620.446
55.00
17386
INV # 272X28011700BOTTLE RENTAL FOR APRIL 2021
04/27/2021
517
CULLIGAN WATER
A1620.446
55.00
17386
INV # 272X27887209BOTTLE RENTAL FOR MARCH 2O21
04/27/2021
ABSTRACT / AUDITED / 144
GENERAL FUND TOWNWIDE
TOWN OF ITHACA Page 5 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
517 CULLIGAN WATER
A1620.446
2.75
17386
INV # 272X27887209/MARCH LATE FEE
04/27/2021
518 CITY OF ITHACA-YOUTH BUREAU
A7320.464
7,742.90
17381
2021 1 ST QTR CONTRACT/YOUTH EMPLOYMENT PROG EXPENSES
04/27/2021
519 MUTT MITT
A7110.441
2,609.65
17400
INV # 403642/CASES MUTT MITT BAGS
04/27/2021
ABSTRACT / AUDITED / 144
GENERAL FUND PART TOWN
TOWN OF ITHACA Page 6 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
453
CARDMEMBER SERVICES INC
B 1670.405
140.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
B 1680.400
11.09
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
B8010.410
90.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
B8020.420
327.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
477
ITHACA FIRE DEPARTMENT
B8010.483
377.00
17395
FIRE SAFETY INSPECTIONS/MARCH 2O21 & AUGUST 2020
04/27/2021
481
MOSELEY, MARTY
B8010.410
50.00
17399
REIMBURSE STOB/CONFERENCE 3/30 & 3/31
04/27/2021
488
QUILL LLC
B 1670.405
27.99
17406
INV # 16151495/COPY PAPER
04/27/2021
493
SOUTHERN TIER BUILDING
B8010.410
35.00
17409
STOBA CONTINUING EDUCATION/JESSICA HULL 4/14/21
04/27/2021
493
SOUTHERN TIER BUILDING
B8010.410
35.00
17409
STOBA CONTINUING EDUCATION/MARK STONIER 4/14/21
04/27/2021
493
SOUTHERN TIER BUILDING
B8010.410
35.00
17409
STOBA CONTINUING EDUCATION/MARTIN KELLEY 4/14/21
04/27/2021
493
SOUTHERN TIER BUILDING
B8010.410
35.00
17409
STOBA CONTINUING EDUCATION/MARTY MOSELEY 4/14/21
04/27/2021
495
STAPLES CONTRACT
B 1660.404
84.14
17411
INV # 8061803724/017FICE SUPPLIES
04/27/2021
495
STAPLES CONTRACT
B8010.400
79.98
17411
INV # 8061803724/017FICE SUPPLIES
04/27/2021
504
VERIZON WIRELESS INC
B8010.415
542.53
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
510
XEROX CORPORATION
B 1670.437
405.20
17425
INV # 013080475/XEROX 7830
04/27/2021
ABSTRACT / AUDITED / 144
HIGHWAY TOWNWIDE
TOWN OF ITHACA Page 7 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
449
BANFIELD-BAKER CORP
DA5142.459
377.50
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
451
BEAM MACK SALES & SERVICE INC
DA5130.451
91.12
17371
INV # 110 1 67/REPAIR # 9
04/27/2021
452
BOBCAT OF BUFFALO INC
DA5130.451
47.14
17372
INV # 01-125827/MOR-KNIVES
04/27/2021
454
CARGILL INC - SALT DIVISION
DA5142.452
11,236.67
17375
INV # 2906148287/ROCK SALT
04/27/2021
455
CARGILL INC - SALT DIVISION
DA5142.452
7,576.49
17375
INV # 2906154313/ROCK SALT
04/27/2021
456
CARGILL INC - SALT DIVISION
DA5142.452
7,565.50
17375
INV # 2906151249/ROCK SALT
04/27/2021
461
CINTAS CORP LOC 121 INC
DA5130.459
1.84
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
473
FIVE STAR EQUIPMENT INC
DA5130.451
16.83
17391
INV # P64682/WATER PUMP/GASKETS/0-RINGS # 77
04/27/2021
479
MAGUIRE FORD INC
DA5130.451
3.50
17397
INV # 106204/DIAGNOSIS OF # 56
04/27/2021
494
STADIUM INTERNATIONAL TRUCKINC
DA5130.451
2.35
17410
INV # 2423762/DOOR SWITCH FOR # 5
04/27/2021
500
TRIPLE CITIES ACQUISITIONS LLC
DA5130.451
3.25
17416
INV # 1341688/FITTING FOR SHOP
04/27/2021
507
WILLIAMS LUBRICANTS, INC
DA5130.450
6.22
17422
INV # 623992/TUBES OF GADUS GREASE
04/27/2021
513
ALTA CONSTRUCTION EQUIPMENT
DA5130.451
32.24
17367
INV # P167782/HANDLE # 41
04/27/2021
514
BOBCAT OF BUFFALO INC
DA5130.451
16.53
17372
INV # 01-125948/MALE SHORTING PLUG CHIPPER STOCK
04/27/2021
44
ABSTRACT OF AUDITED VOUCHERC
HIGHWAY FUND PART TOWN
TOWN OF ITHACA Page 8 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
447
AMERICAN RENTALS LLC
DB5110.453
110.25
17368
INV # 003041009/RAKES FOR ROAD REPAIRS
04/27/2021
447
AMERICAN RENTALS LLC
DB5112.453
110.25
17368
INV # 003041009/RAKES FOR ROAD REPAIRS
04/27/2021
449
BANFIELD-BAKER CORP
DB5110.453
377.50
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
450
DONALD BEACH
DB5140.440
74.03
17388
2021 WORKBOOT/REIMBURSEMENT
04/27/2021
451
BEAM MACK SALES & SERVICE INC
DB5130.451
820.13
17371
INV # 110 1 67/REPAIR # 9
04/27/2021
452
BOBCAT OF BUFFALO INC
DB5130.451
424.21
17372
INV # 01-125827/MOR-KNIVES
04/27/2021
453
CARDMEMBER SERVICES INC
DB 1680.400
11.09
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
DB 1680.491
13.98
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
DB 1680.494
76.50
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
461
CINTAS CORP LOC 121 INC
DB5130.459
16.56
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
461
CINTAS CORP LOC 121 INC
DB5140.440
2.76
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
472
FISH, SAMANTHA
DB5140.440
14.94
17390
TANK ENDORSEMENT/REIMBURSEMENT
04/27/2021
473
FIVE STAR EQUIPMENT INC
DB5130.451
151.52
17391
INV # P64682/WATER PUMP/GASKETS/0-RINGS # 77
04/27/2021
478
ITHACA ICE COMPANY LLC
DB5110.459
57.50
17396
INV # 201001946/ICE
04/27/2021
479
MAGUIRE FORD INC
DB5130.451
31.50
17397
INV # 106204/DIAGNOSIS OF # 56
04/27/2021
484
O'GRAPHIC DESIGNS
DB5140.440
772.21
17402
INV # 7858 & 7857/LOGO APPLICATION TO APPAREL/SHIRT ORDER
04/27/2021
487
PRESTIGE CHEMICALS
DB5110.459
424.14
17405
INV # 0757/PURE EZ ASPHALT RELEASE
04/27/2021
487
PRESTIGE CHEMICALS
DB5112.459
424.14
17405
INV # 0757/PURE EZ ASPHALT RELEASE
04/27/2021
492
SMITH INC —JC
DB5140.440
9.33
17408
INV # 1533251/SAFETY VEST SMALL
04/27/2021
494
STADIUM INTERNATIONAL TRUCKINC
DB5130.451
21.16
17410
INV # 2423762/DOOR SWITCH FOR # 5
04/27/2021
497
THE DRAIN BRAIN
DB5110.459
90.00
17413
INV # 10184/SEPTIC UNIT RENTAL CHRISTOPHER WATER TANK
04/27/2021
498
TIME WARNER CABLE
DB 1680.496
6.23
17414
INV # 750877901041321/PWF BUSINESS TV CHARGES
04/27/2021
ABSTRACT
HIGHWAY FUND PART TOWN
TOWN OF ITHACA Page 9 of 24
TOMPKINS
COUNTY, NEW
YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008
TOTAL CLAIMS:
$507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
500 TRIPLE CITIES ACQUISITIONS LLC
DB5130.451
29.19
17416
INV # 1341688/FITTING FOR SHOP
04/27/2021
507 WILLIAMS LUBRICANTS, INC
DB5130.450
41.64
17422
INV # 623992/TUBES OF GADUS GREASE
04/27/2021
510 XEROX CORPORATION
DB1670.437
391.12
17425
INV # 013080474/XEROX 7855
04/27/2021
513 ALTA CONSTRUCTION EQUIPMENT
DB5130.451
290.20
17367
INV # P167782/HANDLE # 41
04/27/2021
514 BOBCAT OF BUFFALO INC
DB5130.451
148.73
17372
INV # 01-125948/MALE SHORTING PLUG CHIPPER STOCK
04/27/2021
ABSTRACT / AUDITED / 144
WATER FUND
TOWN OF ITHACA Page 10 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
449
BANFIELD-BAKER CORP
F8340.471
377.50
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
450
DONALD BEACH
F8340.440
30.57
17388
2021 WORKBOOT/REIMBURSEMENT
04/27/2021
451
BEAM MACK SALES & SERVICE INC
F8340.451
91.12
17371
INV # 110 1 67/REPAIR # 9
04/27/2021
452
BOBCAT OF BUFFALO INC
F8340.451
47.14
17372
INV # 01-125827/MOR-KNIVES
04/27/2021
453
CARDMEMBER SERVICES INC
F1670.405
140.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
F1680.400
11.10
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
460
CHASE
F9710.729
54,971.15
17378
INV # 6482 A/C # 452052722001/PUBLIC IMPROVE BOND 2018
04/27/2021
461
CINTAS CORP LOC 121 INC
F8340.440
2.76
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
465
CONSTELLATION NEW ENERGY INC
F8340.447
31.27
17383
INV # 19901243 70 1 /ELECTRIC
04/27/2021
465
CONSTELLATION NEW ENERGY INC
F8340.447
85.70
17383
INV # 19916027 80 1 /ELECTRIC
04/27/2021
466
CONSTELLATION NEW ENERGY INC
F8340.447
751.35
17383
INV # 1980972140 1 /ELECTRIC
04/27/2021
470
DIG SAFELY NEW YORK INC
F8340.400
4.00
17387
INV # 21030589/LATE DIG TICKET MARKOUT SERVICES
04/27/2021
471
ESTABROOK CORPORATION
F8340.476
5,764.00
17389
INV # B8694 1 -00 1 /BERKLEY PUMP COY GLEN PUMP ST
04/27/2021
472
FISH, SAMANTHA
F8340.440
6.18
17390
TANK ENDORSEMENT/REIMBURSEMENT
04/27/2021
473
FIVE STAR EQUIPMENT INC
F8340.451
16.83
17391
INV # P64682/WATER PUMP/GASKETS/0-RINGS # 77
04/27/2021
479
MAGUIRE FORD INC
F8340.451
3.50
17397
INV # 106204/DIAGNOSIS OF # 56
04/27/2021
482
NYSEG
F8340.447
199.14
17401
A/C # 1004-8133-309/ELECTRIC
04/27/2021
483
NYSEG
F8340.447
120.83
17401
A/C # 1004-7462-907/ELECTRIC
04/27/2021
484
O'GRAPHIC DESIGNS
F8340.440
227.84
17402
INV # 7858 & 7857/LOGO APPLICATION TO APPAREL/SHIRT ORDER
04/27/2021
489
S.C.L.I.W.C.
F8310.400
3,255.00
17407
INV # 1699 DTD 2/28/21/NON BOLTON POINT CUSTOMERS
04/27/2021
490
S.C.L.I.W.C.
F8340.470
228.00
17407
VARIOUS INVOICES/MISC WORK BY BP
04/27/2021
490
S.C.L.I.W.C.
F8340.471
2,513.39
17407
VARIOUS INVOICES/MISC WORK BY BP
04/27/2021
ABSTRACT / AUDITED / 144
WATER FUND
TOWN OF ITHACA Page 11 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
490
S.C.L.I.W.C.
F8340.476
596.14
17407
VARIOUS INVOICES/MISC WORK BY BP
04/27/2021
492
SMITH INC —JC
F8340.440
3.86
17408
INV # 1533251/SAFETY VEST SMALL
04/27/2021
494
STADIUM INTERNATIONAL TRUCKINC
F8340.451
2.35
17410
INV # 2423762/DOOR SWITCH FOR # 5
04/27/2021
495
STAPLES CONTRACT
F1660.404
67.12
17411
INV # 8061803724/OFFICE SUPPLIES
04/27/2021
496
THALER & THALER
F1420.402
2,537.50
17412
INV # 41485 DTD 4/7/21/LEGAL SERVICES MARCH 2O21
04/27/2021
500
TRIPLE CITIES ACQUISITIONS LLC
F8340.451
3.25
17416
INV # 1341688/FITTING FOR SHOP
04/27/2021
502
VERIZON INC
F8340.415
92.18
17417
A/C # 651-753-157-0001-55/607-R64-3343-978-256
04/27/2021
504
VERIZON WIRELESS INC
F8340.415
138.66
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
510
XEROX CORPORATION
F1670.437
255.38
17425
INV # 013080477/XEROX 7855
04/27/2021
513
ALTA CONSTRUCTION EQUIPMENT
F8340.451
32.24
17367
INV # P167782/HANDLE # 41
04/27/2021
514
BOBCAT OF BUFFALO INC
F8340.451
16.53
17372
INV # 01-125948/MALE SHORTING PLUG CHIPPER STOCK
04/27/2021
ABSTRACT / AUDITED / 144
SEWER FUND
TOWN OF ITHACA Page 12 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description
Account #
Amount
Check
449
BANFIELD-BAKER CORP
G8120.470
377.50
17370
INV # 2348NARIOUS SEED MIXTURES/FERTILIZER
04/27/2021
450
DONALD BEACH
G8120.440
30.57
17388
2021 WORKBOOT/REIMBURSEMENT
04/27/2021
451
BEAM MACK SALES & SERVICE INC
G8120.451
130.18
17371
INV # 110 1 67/REPAIR # 9
04/27/2021
452
BOBCAT OF BUFFALO INC
G8120.451
67.33
17372
INV # 01-125827/MOR-KNIVES
04/27/2021
453
CARDMEMBER SERVICES INC
G1670.405
140.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
G1680.400
11.10
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
453
CARDMEMBER SERVICES INC
G8120.470
3,220.00
17374
A/C # 4798510039661547/CREDIT CARD PURCHASES
04/27/2021
461
CINTAS CORP LOC 121 INC
G8120.440
2.76
17379
INV # 4081425485/WIPERS/MOPS/TOWELS 4/14/21
04/27/2021
466
CONSTELLATION NEW ENERGY INC
G8120.447
152.87
17383
INV # 1980972140 1 /ELECTRIC
04/27/2021
472
FISH, SAMANTHA
G8120.440
6.18
17390
TANK ENDORSEMENT/REIMBURSEMENT
04/27/2021
473
FIVE STAR EQUIPMENT INC
G8120.451
24.05
17391
INV # P64682/WATER PUMP/GASKETS/0-RINGS # 77
04/27/2021
479
MAGUIRE FORD INC
G8120.451
5.00
17397
INV # 106204/DIAGNOSIS OF # 56
04/27/2021
484
O'GRAPHIC DESIGNS
G8120.440
158.99
17402
INV # 7858 & 7857/LOGO APPLICATION TO APPAREL/SHIRT ORDER
04/27/2021
489
S.C.L.I.W.C.
G8110.400
399.00
17407
INV # 1699 DTD 2/28/21/NON BOLTON POINT CUSTOMERS
04/27/2021
492
SMITH INC —JC
G8120.440
3.86
17408
INV # 1533251/SAFETY VEST SMALL
04/27/2021
493
SOUTHERN TIER BUILDING
G8120.410
35.00
17409
STOBA CONTINUING EDUCATION/JOE SLATER 4/14/21
04/27/2021
494
STADIUM INTERNATIONAL TRUCKINC
G8120.451
3.35
17410
INV # 2423762/DOOR SWITCH FOR # 5
04/27/2021
495
STAPLES CONTRACT
G1660.404
67.12
17411
INV # 8061803724/OFFICE SUPPLIES
04/27/2021
500
TRIPLE CITIES ACQUISITIONS LLC
G8120.451
4.63
17416
INV # 1341688/FITTING FOR SHOP
04/27/2021
503
VERIZON WIRELESS
G8120.415
14.00
17418
INV # 9877643445/A/C # 942021663-0001
04/27/2021
504
VERIZON WIRELESS INC
G8120.415
138.67
17419
INV # 9877460398/A/C # 980125855-00001
04/27/2021
505
VILLAGE OF CAYUGA HEIGHTS
G8120.474
64,575.86
17420
WASTE WATER TREATMENT/PERIOD 11/16/20 TO 2/15/21
04/27/2021
ABSTRACT
SEWER FUND
TOWN OF ITHACA Page 13 of 24
DATE OF AUDIT: 04/26/2021 NUMBER 008
TOMPKINS COUNTY, NEW YORK
TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
510 XEROX CORPORATION
INV # 013080477/XEROX 7855
511 XYLEM WATER SOLUTIONS USA INC
INV # 35561367244/WEAR RING SEWER MAINTEN FOREST HOME
513 ALTA CONSTRUCTION EQUIPMENT
INV # P167782/HANDLE # 41
514 BOBCAT OF BUFFALO INC
INV # 01-125948/MALE SHORTING PLUG CHIPPER STOCK
G1670.437
255.37
17425
04/27/2021
G8120.476
449.97
17426
04/27/2021
G8120.451
46.08
17367
04/27/2021
G8120.451
23.60
17372
04/27/2021
ABSTRACT
PUBLIC WORKS FACILITY EXPANSION
TOWN OF ITHACA Page 14 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
476 HOLT ARCHITECTS, P.C. H22-5132.204 352.50 17394
INV # 218056020/CONTRACT ADMIN PWF RENOV 04/27/2021
ABSTRACT OF AUDITED VOUCHERS
FIRE PROTECTION FUND
TOWN OF ITHACA Page 15 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
462 CITY OF ITHACA SF3410.480 280,000.00 17380
2021 FIRE PROTECTION PYMT/ADMIN & EXPENSES MARCH 2O21 04/27/2021
ABSTRACT
FOREST HOME LIGHT DIST
TOWN OF ITHACA Page 16 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SLI-5182.447 44.25 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
480 MATCO ELECTRIC CORPORATION SLI-5182.400 1,966.00 17398
INV # 79199/ELECTRICAL WORK FOREST HOME DRIVE ENTRY 04/27/2021
ABSTRACT OF AUDITED VOUCHERS
TOWN OF ITHACA
DATE OF AUDIT: 04/26/2021
GLENSIDE LIGHT DIST
Page 17 of 24
NUMBER 008
TOMPKINS COUNTY, NEW YORK
TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL2-5182.447 13.21 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
RENWICK HGTS LIGHT DIST
TOWN OF ITHACA Page 18 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL3-5182.447 22.05 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
EASTWOOD COMMONS LIGHT DIST
TOWN OF ITHACA Page 19 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL4-5182.447 30.89 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
CLOVER LANE LIGHT DIST
TOWN OF ITHACA Page 20 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL5-5182.447 4.14 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
WINNER'S CIRCLE LIGHT DIST
TOWN OF ITHACA Page 21 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL6-5182.447 6.18 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
BURLEIGH DRIVE LIGHT DIST
TOWN OF ITHACA Page 22 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL7-5182.447 14.40 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
WEST HAVEN ROAD LIGHT DIST
TOWN OF ITHACA Page 23 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL8-5182.447 56.18 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
ABSTRACT
CODDINGTON ROAD LIGHT DIST
TOWN OF ITHACA Page 24 of 24 TOMPKINS COUNTY, NEW YORK
DATE OF AUDIT: 04/26/2021 NUMBER 008 TOTAL CLAIMS: $507,262.89
Voucher # Claimant/Invoice/Description Account # Amount Check
466 CONSTELLATION NEW ENERGY INC SL9-5182.447 33.22 17383
INV # 1980972140 1 /ELECTRIC 04/27/2021
CITY OF IT IAC:,A
310 West Green Street. Ithaca, New York 14850- 49
OFFICE OF TIIE3 FIRE CHIEF
Telephone: 607/272-1.234 Fax: 607/272-27493
MEMORANDUM
To: Mayor Svante Myrick
City of Ithaca Common Council
Ithaca Town Board
From: Tom Parsons, Fire Chief
Date: April 16th 2021
Re: Fire Chief s First Quarter Report
ADMINISTRATIVE DIVISION
Administration
1) Career Personnel Report
PERSONNEL STAFFING LEVELS
1
Chief
0
Deputy Chief
5
Assistant Chiefs
8
Lieutenants
44
Fire Fighters
58
Uniform Personnel
1 Administrative Coordinator
Total employees as of April 15th 2021 — 59
a) Vacancies
• There were seven funded firefighter vacancies at the end of 2020. There are
also two officer vacancies; One Assistant Fire Chief and one funded Deputy
Fire Chief. The Deputy Chief is unfunded in 2021. The Assistant Chief
position is funded but has not been filled yet.
b) Retirements and Separation from Service:
Page 2 of 6 - Fire Chief s First Quarter Report April 16th, 2021
• In June, there is one Fire Lieutenant who will be retiring from the department.
There will be a Firefighter promoted to Fire Lieutenant, and a Firefighter
hired in July to replace the Firefighter position.
c) Hiring/Promotions
Six firefighters were hired in February and in March to fill vacancies that
were created in 2020. The six firefighters are in NYS Career Firefighter
Recruit Training program in Montour Falls. Four firefighters will graduate
from the Fire Academy in May and two firefighters will graduate in June.
expect all six firefighters will be complete their recruit training and will be
assigned to shift work in late July and mid -August.
d) Firefighters on Injury Leave or Light Duty
• There are two fire lieutenants and one firefighter who are on injury leave.
2) Budget Report
a) 2021 Budget: Budget Summary is attached to this memo
3) Grants and Donations
In 2021, we applied for two FEMA Assistant to Firefighting Grants. The first grant
application is requesting funding to replace our 31-year-old Heavy Rescue, and the
second grant application is requesting funding to replace 63 Portable Radios.
4) Apparatus
a) A Pumper Truck was ordered in 2020, with delivery expected this month.
b) A new Pumper Truck was ordered in March and will be delivered in the late
spring of 2022.
LIFE SAFETY DIVISION
Page 3 of 6 - Fire Chief s First Quarter Report
April 16th, 2021
Fire Prevention Bureau
1) Code Enforcement Division: The following is a list of Activities for the 1st Quarter of 2021
Complaints Received: 69
Referred to the City Building Division 38
Referred to the Town of Ithaca 6
Investigated by the Fire Prevention Bureau 25
Inspections: 458
City Fire Safety & Property Maintenance 164
City - Permit Required City Fire Safety 208
Town Fire Safety & Property
17
City -
Sprinkler Inspections
43
City -
Alternative Fire Protection Systems
1
City -
Fire Alarm Inspection
17
City —
Standpipe Hydrostatic Test
7
City -
Standpipe Flow Test
1
City —
Fire Pump Flow Test
0
City —
Elevator
0
Permits or Certificates: 162
Operating Permit - Install/Alter Fire Protection
25
Operating Permit - Assembly Occupancy
41
Operating Permit - Large Assembly Occupancy
16
Operating Permit - Elevator
7
Operating Permit - Food Truck
2
Operating Permit - Hazardous Occupancy
4
Operating Permit - Lumberyard
0
Operating Permit - Parking Garage
7
Operating Permit - Discharge Fireworks - Outdoors
0
Certificate of Compliance - Alternative Suppression
2
Certificate of Compliance - Commercial Inspection
34
Certificate of Compliance - Educational Occupancy
0
Certificate of Compliance - Emergency Responder Radio
0
Certificate of Compliance - Fire Alarm System
12
Certificate of Compliance - Fire Pump
0
Certificate of Compliance - Fire Sprinkler System
6
Certificate of Compliance - Fire Standpipe
1
Occupancy Postings
5
Plan Reviews: 26
Alternative Fire Protection System Plan Review 3
Fire Alarm System Plan Review 6
Page 4 of 6 - Fire Chief s First Quarter Report April 16th, 2021
Water -Based Fire Protection System Plan Review 17
2) Fire Investigation Unit:
The Fire Investigation Team investigated three fires in the 1st Quarter of 2021. The three
fires were located in the City of Ithaca.
3) Public Education and Special Events (Due to COVID, in -person activities were suspended
after February 2020):
Public Education Events: 0
Fire Drills Witnessed: 0
Child Safety Seat Inspections: 0
Page 5 of 6 - Fire Chief s First Quarter Report
April 16th, 2021
OPERATIONS DIVISION
1) Emergency Response:
2021 Responses as of March 315t, 2021 - 920 Incidents
City of Ithaca: 676 Incidents (73.48%)
Fires:
26
Overpressure/Rupture
2
EMS/Rescue:
241
Hazardous Conditions:
48
Service Calls:
52
Good Intent:
108
Alarms/No Fires:
199
Severe Weather:
0
Other:
0
Town of Ithaca: 238 Incidents (26.87%)
Fires:
5
Overpressure/Rupture:
0
EMS/Rescue:
118
Hazardous Conditions:
11
Service Calls:
12
Good Intent:
37
Alarms/No Alarm:
55
Severe Weather:
0
Other:
0
Mutual Aid: 6 Incidents (0.65%)
Fires: 2
Overpressure/Rupture: 0
EMS/Rescue: 1
Hazardous Conditions: 1
Service Calls: 0
Good Intent: 2
Alarms/No Fires: 0
Severe Weather: 0
Simultaneous Incidents: 100 Incidents (10.87%)
Page 6 of 6 - Fire Chief s First Quarter Report April 16th, 2021
Volunteer Recruitment and Retention
1) Summaries of Service Hours: Annual Report
2) There are currently 10 Active Volunteer Fire Police
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Ithaca FD
Incident Type Period Comparisons
Alarm Date Between (01/01/20211 and {03/31/2021}
Incident Type
100 Fire, Other
111 Building fire
112 Fires in structure other than in a building
113 Cooking fire, confined to container
114 Chimney or flue fire, confined to chimney or
115 Incinerator overload or malfunction, fire
117 Commercial Compactor fire, confined to rubbish
118 Trash or rubbish fire, contained
131 Passenger vehicle fire
132 Road freight or transport vehicle fire
140 Natural vegetation fire, Other
142 Brush or brush -and -grass mixture fire
150 Outside rubbish fire, Other
151 Outside rubbish, trash or waste fire
154 Dumpster or other outside trash receptacle fire
160 Special outside fire, Other
162 Outside equipment fire
200 Overpressure rupture, explosion, overheat other
251 Excessive heat, scorch burns with no ignition
300 Rescue, EMS incident, other
3002Gorge Rescue, EMS incident, Low Angle Rope
311 Medical assist, assist EMS crew
320 Emergency medical service, other
321 EMS call, excluding vehicle accident with injur
322 Motor vehicle accident with injuries
323 Motor vehicle/pedestrian accident (MV Ped)
324 Motor Vehicle Accident with no injuries
3311Lock-in Knox Box Access Required
3312Lock-in Force Entry Required
350 Extrication, rescue, Other
352 Extrication of victim(s) from vehicle
353 Removal of victim(s) from stalled elevator
362 Ice rescue
381 Rescue or EMS standby
400 Hazardous condition, Other
410 Combustible/flammable gas/liquid condition,
411 Gasoline or other flammable liquid spill
412 Gas leak (natural gas or LPG)
413 Oil or other combustible liquid spill
421 Chemical hazard (no spill or leak)
422 Chemical spill or leak
424 Carbon monoxide incident
440 Electrical wiring/equipment problem, Other
01/01/2021
01/01/2020
01/01/2019
01/01/2018
to
to
to
to
03/31/2021
03/31/2020
03/31/2019
03/31/2018
1
2
2
4
3
5
12
12
1
0
0
0
8
8
3
7
1
0
0
1
0
0
0
1
1
0
0
0
1
2
0
0
3
6
4
1
0
0
0
1
1
0
0
0
1
0
1
1
5
1
0
0
3
0
0
0
2
1
0
1
2
2
0
1
0
0
0
1
0
0
0
1
2
4
1
0
2
1
1
2
0
1
0
0
7
9
5
10
10
72
7
4
y 322
380
521
486
15
13
15
15
1
6
1
5
0
8
12
9
0
0
4
2
0
0
0
2
0
0
0
1
0
0
0
1
2
4
4
3
0
1
0
0
1
0
1
0
7
13
12
8
3
2
1
0
2
2
3
0
20
5
11
28
1
1
0
1
0
1
0
0
2
1
0
0
9
5
7
6
2
1
4
3
04/07/2021 17:32 Page 1
Ithaca FD
Incident Type Period Comparisons
Alarm Date Between (01/01/2021} and {03/31/2021}
Incident Type
01/01/2021
01/01/2020
01/01/2019
01/01/2018
to
to
to
to
03/31/2021
03/31/2020
03/31/2019
03/31/2018
441 Heat from short circuit (wiring),
defective/worn
2
2
1
0
442 Overheated motor
5
3
6
3
444 Power line down
4
4
6
5
445 Arcing, shorted electrical equipment
1
6
2
5
461 Building or structure weakened or
collapsed
0
1
0
1
463 Vehicle accident, general cleanup
2
2
1
1
500 Service Call, other
37
30
35
26
510 Person in distress, Other
4
3
1
1
511 Lock -out
0
1
4
5
520 Water problem, Other
1
0
2
5
521 Water evacuation
0
1
0
3
522 Water or steam leak
4
4
6
6
531 Smoke or odor removal
4
0
2
3
540 Animal problem, Other
0
0
0
1
541 Animal problem
0
1
1
1
542 Animal rescue
0
0
3
1
550 Public service assistance, Other
2
1
2
2
551 Assist police or other governmental agency
5
5
9
6
552 Police matter
1
0
0
1
553 Public service
0
3
5
1
554 Assist invalid
2
0
2
3
555 Defective elevator, no occupants
2
0
0
0
561 Unauthorized burning
2
3
1
3
571 Cover assignment, standby, moveup
0
0
1
0
600 Good intent call, Other
11
14
21
20
611 Dispatched & cancelled en route
1
0
1
1
6110Dispatched & cancelled - Per Policy
0
56
0
0
6111Dispatched & cancelled en route -
By Dispatcher
2
4
2
9
6112Dispatched & cancelled en route -
By Bangs
54
70
65
60
6113Dispatched & cancelled en route -
By CUEMS
10
13
7
7
6114Dispatched & cancelled en route -
By CU EH&S
27
54
57
41
6115Dispatched & cancelled en route -
By IC Safety
12
18
14
20
6117Dispatched & cancelled en route -
By MA Dept
1
1
4
0
6118Dispatched & cancelled en route -
By IPD
4
9
1
4
6119Dispatched & cancelled en route -
By Other
0
1
1
0
621 Wrong location
1
0
0
0
622 No Incident found on arrival at dispatch
address
13
7
13
15
631 Authorized controlled burning
1
0
0
1
641 Vicinity alarm (incident in other
location)
0
1
0
1
650 Steam, Other gas mistaken for smoke, Other
0
0
0
2
651 Smoke scare, odor of smoke
1
6
2
3
652 Steam, vapor, fog or dust thought
to be smoke
2
3
1
3
671 HazMat release investigation w/no
HazMat
7
19
10
8
04/07/2021 17:32 Page 2
Ithaca FD
Incident Type Period Comparisons
Alarm Date Between (01/01/2021} and {03/31/2021}
Incident Type
700 False alarm or false call, Other
700lFalse alarm or false call, Other - Medical Alar
710 Malicious, mischievous false call, Other
711 Municipal alarm system, malicious false alarm
714 Central station, malicious false alarm
715 Local alarm system, malicious false alarm
721 Bomb scare - no bomb
730 System malfunction, Other
731 Sprinkler activation due to malfunction
733 Smoke detector activation due to malfunction
734 Heat detector activation due to malfunction
735 Alarm system sounded due to malfunction
736 CO detector activation due to malfunction
740 Unintentional transmission of alarm, Other
741 Sprinkler activation, no fire - unintentional
743 Smoke detector activation, no fire -
744 Detector activation, no fire - unintentional
745 Alarm system activation, no fire - unintentiona
746 Carbon monoxide detector activation, no CO
812 Flood assessment
Totals
01/01/2021
01/01/2020
01/01/2019
01/01/2018
to
to
to
to
03/31/2021
03/31/2020
03/31/2019
03/31/2018
1
0
2
5
m 15
14
15
15
1
2
7
4
0
3
1
1
4
2
7
2
3
2
1
1
0
1
0
0
5
0
7
8
4
2
8
6
18
19
17
13
2
2
0
3
10
20
15
13
4
4
6
5
5
16
22
15
4
5
8
6
147
141
153
140
19
7
10
13
1 11
18
24
29
1
2
0
2
0
1
0
0
920
1164
1224
1177
04/07/2021 17:32 Page 3
Ithaca FD
IFD Mutual Aid Responses by Department (Summary)
Alarm Date Between {O1/01/2021} And f03/31/2021}
Type of Aid Count
55001 Brooktondale Fire Department
Other aid given 1
1
55006 Enfield Fire Department
Mutual aid given 1
1
55022 Tompkins County Airport
Automatic aid given 1
1
0 4 / 0 7 / 2 0 2 IL 7 : 5 1 Page 1
61
Ithaca FD
Volunteer Hours Report (Summary)
Date Between (01/01/2021} And f03/31/2021}
Staff Id Alt Id
Name
Total
4602
Adams, Andrew J
11.50
3617
Bordoni, Gary
8.72
3883
Cornelius, Dave
12.37
4188
Gilligan, William
14.00
4301
Gould, Jack
11.50
4618
Greven, Christin B
2.00
4153
Longo, Robert
6.50
04/19/2021 18:08 Page 1
Ithaca FD
Volunteer Hours Report (Summary)
Date Between (01/01/2021} And f03/31/2021}
Staff Id Alt Id Name Total
4620 Onah, Joy 8.00
4621 Powers, John 12.37
3793 Rogers, James 7.37
4617 Williams, Steve 7.85
102.18
04/19/2021 18:08 Page 2
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